ANGARY, RIGHT OF. The term "angary" is derived from a Persian word signifying "a messenger" upon the royal service who was entitled to requisition means of transport. This custom was adopted in Greece in the 3rd century B.C. and passed to Rome. In Corpus Juris, angaria denotes requisition of horses, wagons, etc., in connection with the curses publicus. It was extended to the requisition of neutral shipping for the transport of troops. The right survived throughout mediaeval Europe as a royal prerogative, and was exercised for purposes of public and military transport, but the term was not generally applied to ships till the 17th century, when it became a rule of international law. In the 16th century the Venetians requisitioned a Genoese vessel and its cargo of corn to meet a food shortage, and its legality ob pub licam utilitatem was approved. Requisition of neutral shipping became fairly general in the i8th century, but was exceptional in the 19th, although the right was expressly recognized in a number of treaties, whether in time of peace or war, in case of public neces sity, subject of course to adequate compensation.
In the World War, the Italian Government, whilst still neutral, requisitioned, in 34 German merchantmen lying in Italian ports. Germany made no protest, but when Portugal requisi tioned, in 1916, 72 German vessels lying in Portuguese ports, Ger many made it a casus belli and declared war on that power. In 1917 Brazil, having revoked her proclamation of neutrality, and prior to her declaration of war, requisitioned 42 German mer chantmen. At the same time Great Britain and the United States, after fruitless negotiations with Holland, requisitioned Dutch ship ping to the amount of i,000,000 tons lying in their ports "in exercise of the right of angary," one of the attributes of territorial sovereignty. In 1918 Spain requisitioned about go German vessels lying in Spanish ports as an act indispensable for her existence, and in view of the sinking of her own merchantmen by German sub marines declared that no compensation was due. The United States also requisitioned a number of Norwegian ships under con struction in American yards.
Consequently the right of angary, that is, the right of a State, whether belligerent or neutral, whether in time of peace or war, to requisition ships and goods situate in its territory, subject to ade quate compensation, both by constitutional and international law, may be said to be firmly established. This right must be distin guished from that of requisition by a belligerent in territory occupied by him, which is based on military necessity under the laws of war. (H. H. L. B.)