A TREATISE ON THE LAW OF PRIZE.
sequestered, it was simply on the ground of their
having violated the Decree previously cited which
prohibited German and Austrian nationals from
engaging on French territory, either directly or
indirectly, in any trade through a personne interposée.
The national status of vessels, on the other hand,
is determined by the flag which they are entitled to
fly. Where a ship at the moment of seizure is not
flying any flag at all and no papers are found on board
indicating that the vessel has the right to fly the flag
of any Power, the vessel is presumed enemy and con-
demned as such: The Rosita.? This is in accordance
with the old French rule embodied in the Marine
Ordinance of 1681 and the Reéglement of July 26,
1778, both of which are still in force. Another old
principle is that established by Article 51 of the
Arrété of 2 prairial, in the eleventh year of the
Republic (1803) declaring good prize all vessels
belonging to enemy subjects, whatever may be the flag
under which they are sailing.® French practice,
therefore, considers the flag as indicating prima facie
the character of the vessel, subject to the proviso
entitling the captors to investigate the right claimed
by the vessel to fly a particular flag. The burden of
proof lies on the vessel to establish her right to the
flag which she is carrying.*
Italian § 60. The Italian Government in its Memoran-
bractice. dum to the London Naval Conference, 1909, disclaimed
any doctrine which would force it to consider as
enemies its own citizens on the ground that they
2 [1915] J. O., October 26, 1915, 7705. Cf. The Cydnus, [1915],
ibid., January 21, 1916, 572,
3 The Kypros (ex The Maine), [1920], ibid., January 16, 1921,
651; affirmed, [1924], ibid., June 7, 1924, 5220.
4 Article 27 of the Naval Instructions of January 30, 1916,
contains the following provision: If it is established that the
ownership of a vessel flying the enemy flag Lelongs in reality to
nationals of a neutral or Allied Power, or that the ownership of a
vessel flying the neutral or Allied flag belongs in reality to enemy
nationals or to persons residing in the enemy territory, the vessel
will be considered as neutral, Allied or enemy, as the case may be.
70)
