¹ The nearest approach to a case on all fours with the instant one which the diligence of the agents was able to locate was that of L'Etat des Pays-Bas c. 1 DampfschijJ GesellschaftNeptun before the Tribunal de premiere instance de Middlebourg in 1914, (43 Journal de droitinternational privi (1916), p. 657). In that case the free passage was based on treaty, not onthe general right of innocent passage, and it was not clear whether or not the ship had cometo rest in its passage.