whom the person is restrained, the cause or pretense of the restraint, and in what the illegality of the restraint consists. Where the writ is served upon the person to whom it is directed, he must make an immediate return, and if he delays or refuses he may be attached for contempt. Where he produces the person held in custody, he must make and file a return, making a full statement of the authority for the detention and exhibit a copy of the warrant under which he restrains the person in his custody. If the applicant deems the return insufficient, he files exceptions thereto and the judge proceeds to dispose of the application in a summary manner. After hearing the case the judge remands the applicant to the officer or person having him in custody, if the restraint is lawful; if it is unlawful he discharges the applicant from custody.

§ 623. When legality of restraint will not be inquired into. The court or judge will never inquire into the legality of the restraint where it is in pursuance of the process of a United States court having jurisdiction, or of a judgment of a court of competent jurisdiction, or when it is for a judgment in contempt proceedings by a court of competent jurisdiction, or when it is upon a warrant of arrest of a court of superior jurisdiction having cognizance of the crime or offense charged against the person restrained.

§ 624. Certiorari.-The writ of certiorari is a writ which issues from a superior or appellate court to an inferior court or officer exercising judicial functions, or other person, requiring such court or officer to certify to such superior court a full and complete transcript of the records and proceedings of any such inferior tribunal or officer, or to produce any paper whenever it shall be

necessary for the proper determination of any cause or proceedings before such superior or appellate court. The purpose of the writ is to enable the superior or appellate court to inquire into the jurisdiction and regularity of the proceedings. It differs from a writ of error in the fact that it issues from the higher court to the lower court, whether of record or not, and at any stage of the proceedings, as well before as after judgment. It also issues from an appellate court to an inferior court, requiring it to correct or amend the transcript of its proceedings, whenever it is made to appear to the appellate court that there has been a mistake or omission as to any material particular in the transcript as first certified.

§ 625. Definition.-International law is that body. of rules accepted by the nations as binding upon them in their relations with each other. This is not law in the narrow sense in which we have defined it in the opening chapter since there is no established judicial body to enforce its rules among the nations. Frequently, however, matters of private right are dependent upon the rules of international law, and then the courts apply these rules in determining the rights involved. The horrors of war on land and sea and the increasing bulk and complexity of international relationship resulting from the world-wide growth of commerce and trade have made international law a necessity. There are, however, no fixed sanctions or penalties to punish violations or to enforce obedience to this law; there is no tribunal to hear and determine questions touching breaches of the law. If two nations have a controversy, it can be settled in one of three ways: First, by negotiation between the parties concerned. Second, by arbitration agreed upon by the parties. Third, by war. The 'Amphyctionic Council was established for a law of nations for the Greek states, but it failed. Aristotle pleaded for the humane treatment of prisoners of war. As late as the Middle Ages the usages of war were barbarous. The church exercised her influence to soften its

rigors. Her efforts were supplemented by the laws of chivalry, and later, nations by treaties bound themselves to certain rules for the conduct of war, and these rules by constant usage have come to be settled law among all civilized peoples. The scope of international law includes also the customs and usages which fix the rights of neutrals, the navigation of the high seas, the extent of the jurisdiction of nations over the seas at their coast lines, the punishment of piracy, treatment of ambassadors and consuls, passports, in fact of all matters growing out of and related to the intercourse of the subjects of nations with each other.

International law is generally divided into three divisions dealing with peace, neutrality and war respectively.

§ 626. Jurisdiction over foreign ambassadors, etc.— What is called the conventional law of nations is composed of those stipulations and rules which have been incorporated in treaties, a law which is only binding upon the parties to the treaty. To promote harmony and to facilitate the settlement of controversies between nations, and the subjects of different nations, it is customary for nations to have accredited representatives at the seat of government of other nations. These representatives, whether called ministers or ambassadors, are not subject to the jurisdiction of the courts of the country to which they are sent, and the same rule extends to the members of their families and households. Likewise a sovereign traveling in a foreign country is not subject to its laws. If any of these offend against the laws of the country where they may be residing temporarily, the only redress is to send them home and make demand upon the country they represent for reparation. This rule does not apply to consuls who are mere commercial agents. Persons

belonging to an army or navy within foreign territory are free from arrest.

§ 627. Neutrality.-When two nations are at war, other nations should observe the duties of neutrality towards the belligerents. To enforce these duties most nations enact neutrality laws for the purpose of punishing such of their subjects as violate their duties. neutral must abstain from giving aid to the belligerents.

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§ 628. When war exists.-Each belligerent has the right to seize and possess itself of all property within its borders belonging to the enemy or the enemy's subjects. Exceptions are made in favor of debts owing to foreign creditors and to ships in port which have not had sufficient time to leave after hostilities began. Where and to what extent the property of an enemy may be seized and confiscated is in this country a political question which must be determined by congress.