VISIT AND SEARCH, a term for the procedure adopted by a belligerent warship to ascertain whether a vessel is enemy or neutral, and if neutral whether it is carrying contraband. If upon visitation the vessel proves to be the former she may be seized and sent into a port of the belligerent ; if the latter, the visiting officer first examines the ship's papers and if these upon examination prove unsatisfactory, he may then proceed to search both vessel and cargo. If the vessel has been guilty of unneutral conduct, if bound for a blockaded port, or if the cargo is contraband, the neu tral vessel may also be seized and sent into a port of the belliger ent ; if innocent she must be released, the fact of visitation being previously entered in her log book. If the court is satisfied that the capture has been made without probable cause, the captor is held responsible in damages and costs, and even if there was probable cause he may be held liable for any loss or damage due to his de fault or that of his subordinates. Owing to the size of modern ves sels and the danger from submarine attacks, it is often impracti cable to carry out search at sea and even visit is not always at tempted. In the World War British and Allied commanders directed their captures to proceed to designated ports. If resistance to visit and search is made by an enemy or neutral vessel, it may be attacked and even destroyed by the belligerent. By Art. 63 of the Declaration of London "Forcible resistance to the legitimate ex ercise of the right of stoppage, search and capture involves in all cases the condemnation of the vessel. The cargo is liable to the same treatment as the cargo of an enemy vessel. Goods belonging to the master or owner of the vessel are treated as enemy goods." It has been suggested that passports or certificates issued by the authorities of the neutral vessel's State, certifying its nationality and destination, and containing a specification of the cargo would "afford such reasonable guarantees as to cause the exercise of the belligerent right of search to sink into a much-desired desuetude." (See NEUTRALITY.) (H. H. L. B.) The instruction for the U.S. navy issued in June 1917, stated :— "42. The belligerent right of visit and search may be exercised outside of neutral jurisdiction upon private vessels, unless under convoy, after the beginning of war in order to determine their nationality, the port of destination and departure, the character of their cargo, the nature of their employment, or other facts which bear on their relation to the war."
Visit and search may be carried out on the high seas or in belliger ent waters. Before proceeding to visit and search the vessel should be summoned to stop and to lie to. When the vessel has come to, an officer and two unarmed men usually constitute the visiting party and the instructions of many States prescribe that the visit and search shall be carried out with courtesy. The ship's papers are first examined and if suspicious or defective the ves sel may be seized or further investigation may be made. If a vessel does not come to when summoned, force may be used. Some States exempt from visit and search neutral vessels under neutral convoy. The right of visit and search continues during the whole period of the war even during an armistice unless otherwise specifically provided. (See NEUTRALITY.) (G. G. W.) VISITATION, an act of visiting, a formal visit ; also, from Biblical phraseology, an act of divine retributive justice.
There are three classes of official visitations : ecclesiastical, charitable and heraldic. Ecclesiastical visitations, originally the periodical journeys of personal inspections to ascertain the temporal and spiritual condition of each parish, form part of the functions of an archbishop, bishop, or archdeacon.
In Great Britain, all charitable corporations are at law subject to visitation. If no visitor has been appointed by the founder, the king or his representative is the visitor of all lay, and the Church of all ecclesiastical charitable corporations. Under the Charitable Trust Acts and the Endowed Schools Acts, the board of charity commissioners and the board of education have certain visitorial powers.
Heraldic visitations (which ceased about 1686) were perambu lations made by a king-at-arms, or other heraldic official with a commission under the Great Seal, to examine into pedigrees and claims to bear arms. The results of these visitations were entered in "visitation books"; their admissibility as judicial evidence, however, is questioned, on the ground that they merely contain statements obtained from the families to whom they refer (cf. D'Arcy de Knayth case, 1901).