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Aviation History
1924
1924 - 0530.PDF
ES§3 AUGUST 21, 1924 48. The action of a neutral Power in using force or other means at its disposal in the exercise of its rights or duties under these rules cannot be regarded as a hostile act. 49. Private aircraft are liable to visit and search and to capture by belligerent military aircraft. 50. Belligerent military aircraft have the right to order public non-military and private aircraft to alight in or proceed for visit and search to a suitable locality reasonably accessible. Refusal, after warning, to obey such orders to alight or to proceed to such a locality for examination exposes an aircraft to the risk of being fired upon. 51. Neutral public non-military aircraft, other than those which are to be treated as private aircraft, are subject only to visit for the purpose of verification of their papers. 52. Enemy private aircraft are liable to capture in all cir cumstances. 53. A neutral private aircraft is liable to capture if it :— (a) Resists the legitimate exercise of belligerent rights. (b) Violates a prohibition of which it has had notice issued by a belligerent commanding officer under Article 30. (c) Is engaged in unneutral service, (d) Is armed in time of war when outside the jurisdiction of its own country, (e) Has no external marks, or uses false marks. (/) Has no papers, or insufficient or irregular papers, (g) Is manifestly out of the line between the point of destination indicated in its papers, and after such inquiries as the belligerent may deem necessary, no good cause is shown for the deviation. The aircraft, together with its crew and passengers, if any, may be detained by the belligerent, pending such inquiries. (h) Carries, or itself constitutes, contraband of war. (i) Is engaged in breach of a blockade duly established and effectively maintained, k) Has been transferred from belligerent to neutral nationality at a date and in circumstances indicating an intention of evading the consequences to which an enemy aircraft, as such, is exposed. Provided that in each case (except k) the ground for capture shall be an act carried out in the flight in which the neutral aircraft came into belligerent hands, i.e., since it left its point of departure and before it reached its point of destination. 54. The papers of a private aircraft will be regarded as insufficient or irregular if they do not establish the nationality of the aircraft and indicate the names and nationality of the crew and passengers, the points of departure and destination of the flight, together with particulars of the cargo and the conditions under which it is transported. The logs must also be included. 55. Capture of an aircraft or of goods on board an aircraft shall be made the subject of prize proceedings, in order that any neutral claim may be duly heard and determined. 56. A private aircraft captured upon the ground that it has no external marks or is using false marks, or that it is armed in time of war outside the jurisdiction of its own country, is liable to condemnation. A neutral private aircraft captured upon the ground that it has disregarded the direction of a H E belligerent commanding officer under article 30 is liable to condemnation, unless it can justify its presence within the prohibited zone. In all other cases, the prize court in adju dicating upon any case of capture of an aircraft or its cargo, or of postal correspondence on board an aircraft, shall apply the same rules as would be applied to a merchant vessel or its cargo or to postal correspondence on board a merchant vessel. 57. Private aircraft which are found upon visit and search to be enemy aircraft may be destroyed if the belligerent commanding officer finds it necessary to do so, provided that all persons on board have first been placed in safety and all the papers of the aircraft have been preserved. 58. Private aircraft which are found upon visit and search to be neutral aircraft liable to condemnation upon the ground of unneutral service, or upon the ground that they have no external marks or are bearing false marks, may be destroyed, if sending them in for adjudication would be impossible or would imperil the safety of the belligerent aircraft or the success of the operations in which it is engaged. Apart from the cases mentioned above, a neutral private aircraft must not be destroyed except in the gravest military emergency which would not justify the officer in command in releasing it or sending it in for adjudication. 59. Before a neutral private aircraft is destroyed, all persons on board must be placed in safety, and all the papers of the aircraft must be preserved. A captor who has destroyed a neutral private aircraft must bring the capture before the prize court, and must first establish that he was justified in destroying it under article 58. If he fails to do this, parties interested in the aircraft or its cargo are entitled to com pensation. If the capture is held to be invalid, though the act of destruction is held to have been justifiable, compensa tion must be paid to the parties interested in place of the restitution to which they would have been entitled. 60. Where a neutral private aircraft is captured on the ground that it is carrying contraband, the captor may demand the surrender of any absolute contraband, if sending in the aircraft for adjudication is impossible or would imperil the safety of the belligerent aircraft or the success of the operations in which it is engaged. After entering in the log book of the aircraft the delivery or destruction of the goods, and securing, in original or copy, the relevant papers of the aircraft, the captor must allow the neutral aircraft to continue its flight. 61. The term " military " throughout these rules is to be read as referring to all branches of the forces, i.e., the land forces, the naval forces and the air forces. 62. Except so far as special rules are here laid down and except also so far as the provisions of Chapter VII of these Rules or international conventions indicate that maritime law and procedure are applicable, aircraft personnel engaged in hostilities come under the laws of war and neutrality applicable to land troops in virtue of the custom and practice of international law and of the various declarations and conventions to which the States concerned are parties. B H PERSONALS Married A. BAKER, M.C., R.A.F., was married Mary's, Bong Crendon, to CHARLOTTE SQDN.-BDR. G. B. on August 2 at St. MARIAN ANDERSON. The marriage took place on August 16 at H.B.M. Consulate- General, Tientsin, North China, of JOHN STEPHEN BLANFORD, D.F.C. (the Buffs—General Res. of Officers and formerly of No. 206 Sqdn., R.A.F.), of the Asiatic Petroleum Co., eldest son of Mr. and Mrs. Ernest Blanford, of St. Hubert's Lodge, Watford, Herts, and MAUDE D'AVIGDOR, elder daughter of Mr. and Mrs. GEORGE NATHAN, of Tientsin and London. Mr. ALAN CHAPMAN, late of the East Surrey Regiment and R.F.C, of Rydal Mount, Southbourne-on-Sea, was married at the Chapel Royal on August 9, to Miss BEATRICE COX, of Cardean, Meigle. To be Married The engagement is announced between FREDERICK LAURENCE PEARCE, R.A.F., only son of Mr. and Mrs. R. F. Pearce, of Kingsgate, and JOYCE MARY, only daughter of Mr. and^Mrs. F. PEDLEY, Edgbaston, Birmingham. A marriage has been arranged, and will shortly take place, between Squadron-Leader PERCY C. SHERREN, M.C., R.A.F., second son of Mr. and Mrs. W. D. Sherren, of Crapand, Prince Edward Isle, Canada, and JOYCE, third daughter of Mr. and Mrs. R. TILDEN SMITH, 13, Upper Brook Street, \V. <$> <s> <z> <S> Bristol " Jupiters " in France FROM articles appearing in the French aviation press, and from other sources of information, it appears that the Bristol " Jupiter " is making rapid strides in France. Quite a number of fighting and other aircraft are about to be equipped with the Gnome-built, " Jupiter," and at the Section Technique a " Jupiter" was put through a very strenuous test, totalling 150 hours' running. On being stripped after the tests tine engine was found to be in perfect condition. 530
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