port, state treasure, consisting of moneys and checks payable to bearer, taxes, customs, etc. In general, taxes must be applied to administrative expenses, or to the payment of debts for which specifically hypothecated; the overplus only being applied by the belligerent to his own use. In regard to certain other movable or personal property, such as checks requiring indorsement, and contract debts in other forms, which may require payment to be enforced judicially, or the seizure of which may not operate to relieve the debtor making payment of his obligation, there is some question as to the right of seizure.2 Article 53 of the Hague Convention Respecting the Laws and Customs of War on Land provides that "an army of occupation can only take possession of cash, funds, and realizable securities which are strictly the property of the state." Professor Westlake says of this important and possibly doubtful clause that it "is so worded as to exempt from seizure both, first, cash, funds, and realizable securities of which the state is only custodian, such as savings bank funds, and, secondly, debts due to the state not falling under the description of realizable securities. The first exemption speaks for itself. In the second exemption the original French is 'valeurs exigibles,' which Professor Holland translates 'realizable securities,' and which has been translated officially into German as 'eintreibbare forderungen.' Professor Holland describes it as purposely ambiguous, and there are grave differences of opinion as to what the rule on the matter ought to be. There is no doubt that, if the occupation should be ripened into conquest, all the debts due to the extinguished state will belong by the laws of state succession to the conqueror and may be sued for by him. There is also no doubt that documents payable to bearer may be seized by an occupant as part of the state treasure, so that he thereby becomes, not only their actual, but their lawful, bearer, and can sue on them as soon as due, whether or not his occupation of the place where they were seized has continued in the meantime or not. But the occupant who is not a conqueror does not represent the person of the enemy state, and therefore, as it seems to us, can supply nothing which remains to be done by the enemy 2 Hall, Int. Law (5th Ed.) 420.

state in order to complete the right to judgment on a debt. If he has seized a document payable to order, he cannot indorse it; if the debt is claimed by any other kind of title, he may have seized the evidence necessary for proving it, but he cannot put himself forward as plaintiff, or use his physical power in the locality to enforce payment. This, however, is not the modern German view. By an ordinance of November 26, 1870, the Germans required persons who owed payments for timber from the state forests, in what they had established as 'the general government of Alsace,' to make those payments to their cashiers in the district." 3

(b) Public archives, contents of museums, scientific apparatus, vessels engaged in exploration or scientific research, etc., are exempt.*

PROPERTY OF MUNICIPALITIES AND INSTITUTIONS. 114. "The property of the communes, that of institutions dedicated to religion, charity, and education, the arts and sciences, even when state property, shall be treated as private property.

All seizure of, destruction, or willful damage done te institutions of this character, historic monuments, and works of art and science, is forbidden, and should be made the subject of legal proceedings.” 5

IMMOVABLE PRIVATE PROPERTY.

115. Immovable private property is in general exempt, though subject to the necessities of war.

In early practice immovable private property of one belligerent within the power of the other belligerent was appropriated, later it was administered for the benefit of the belligerent having power over it, and in modern times the real property of private citizens has been exempt from appropriation, unless because of a necessity of war. Private property, as buildings,

8 Westlake, Int. Law, pt. 2, p. 103.

4 See, also, under military occupation, post, p. 334.

Hague Convention, 1907, Laws and Customs of War on Land, art. 56, Appendix, p. 544.

would be liable to the consequences of actual belligerent operations; i. e., if a building should be in the line of fire, it might be destroyed. Private property, as a building, may be appropriated for the use of forces in case of necessity, and in which case indemnity would be paid for its use.

MOVABLE PROPERTY OF MILITARY USE.

116. Movable or personal property is under regulations subject to seizure.

(a) CONTRIBUTIONS—Contributions consist in moneys levied by the authority of commander in chief in excess of the taxes.

(b) REQUISITIONS—Requisitions consist in the enforced delivery in kind of articles needed by the enemy for consumption or temporary use.

(c) FORAGING-When from lack of time or other reason requisitions are not available, supplies in kind may be taken directly by the forces from the fields or other places by foraging.

(a) Plunder and pillage are now abolished, and the regulated seizure of private property may be said to have taken the place of these ancient seizures and subsequent confiscations.

"No contribution shall be collected, except under a written order, and on the responsibility of a commander in chief.

"The collection of the said contribution shall only be effected as far as possible in accordance with the rules of assessment and incidence of the taxes in force.

"For every contribution a receipt shall be given to the contributors."

(b) Requisitions consist in food, clothes, forage, wagons, horses, lodging, labor, railroad material, boats, and other means of transport, all of which are levied under what is recognized as military necessity. These may be made by the commander of any detached portion of the army under a higher authority, which latter regulates the articles to be requisitioned.

"Requisitions in kind and services shall not be demanded from municipalities or inhabitants except for the needs of the • Id. art. 51, Appendix, p. 544.

army of occupation. They shall be in proportion to the resources of the country, and of such a nature as not to involve the inhabitants in the obligation of taking part in military operations against their own country.

"Such requisitions and services shall only be demanded on authority of the commander in the locality occupied.

The requisitions in kind shall as far as possible be paid for in cash; if not, a receipt shall be given, and the payment of the amount due shall be made as soon as possible.” 7

Requisitions may be made by naval forces for provisions or supplies of which they are in immediate need. After due notice such requisitions may be enforced by bombardment, subject to the restrictions of the Hague Convention of 1907. "These requisitions shall be in proportion to the resources of the place. They shall only be demanded in the name of the commander of the said naval force, and they shall, as far as possible, be paid for in cash; if not, they shall be evidenced by receipts." s

(c) Sometimes it is not possible to find the owner of property; e. g., grain in the field, wood in the forest, etc., or other supplies in order to make requisition. When seizure of such property is made for the immediate use of the military forces, it is of the nature of foraging, and is restorted to in lieu of making requisitions.

PRIVATE PROPERTY IN ENEMY JURISDICTION.

117. The personal or movable property of citizens of either belligerent state found in the territorial jurisdiction of the other, also debts due to citizens of the enemy state, are no longer regarded confiscable, unless under special authorization.

In regard to debts due by a state to citizens of an enemy state, the rule is now well established that they are not confiscable, nor is the interest due upon such debt sequestrated. This rule is now so well established and acknowledged by all the authorities that, in order to avoid such payments, the

Id. art. 52, Appendix, p. 544.

8 Bombardment by Naval Forces, post, p. 323.

agreement must incorporate, as an express reservation, the right to sequestrate; since, in the absence of such reservation, a state is assumed to have contemplated payment, notwithstanding the existence of war.

The United States Supreme Court in 1814 held, in reversing the decision of the lower court, that the effect of a declaration of war, or of the existence of war, alone did not confer upon the courts the power to confiscate enemy property without some expression of the will of the state itself to that effect, although it was admitted that the existence of war carried with it the right to effect such confiscation.10 Many treaties also definitely provide for the exemption of private property of one belligerent in the territory of the other.11

11

BOOTY.

118. Booty is the term usually applied to property captured on land, and title thereto vests in the state.

In some countries the property captured as booty is sold, and the proceeds used in whole or in part as a compensation to the captors. Great Britain, in certain cases, rewards such services. The United States appropriates all property captured by its armies on land.

Ware v. Hylton, 3 Dall. 199, 1 L. Ed. 568.

10 Brown v. United States, 8 Cranch, 110, 3 L. Ed. 504.

11 Treaty between United States and Italy, Feb. 26, 1871, art. 21.