SEARCH, RIGHT OF, mar. law. The right existing in a belligerent to examine
and inspect the papers of a neutral vessel at sea. On the continent of
Europe, this is called the right of visit. Dalloz, Dict. mots Prises
Maritimes, n. 104-111.
2. The right does not extend to examine the cargo; nor does it extend
to a ship of war, it being strictly confined to the searching of merchant
vessels. The exercise of the right is to prevent the commerce of contraband
goods. Although frequently resisted by powerful neutral nations, yet this
right appears now to be fixed beyond contravention. The penalty for
violently resisting this right is the confiscation of the property so
withheld from visitation. Unless in extreme cases of gross abuse of his
right by a belligerent, the neutral has no right to resist a search. 1 Kent,
Com. 154; 2 Bro. Civ. and Adm. Law, 319; Mann. Comm. B. 3, c. 11.
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