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or letters of safe conduct? business?

If yea, from whom, and for what

29. If it should appear that there are in any place or country besides Great Britain any bills of lading, invoices, instruments or papers relative to the ship concerning which the witness is now examined, ask him, how did the same come to be in such place or country? Were you ever in such place or country? and if yea, when, and on what account? In whose possession are such instruments or papers? Do they differ? and if yea, in what particulars, from any of the papers on board or in Great Britain, or from any other papers referring to the same ship in any other place? Have you written or signed any letters or papers concerning the said ship or her cargo? If yea, set forth their purport. To whom were such papers written and sent, and what has become of them?

30. Towards what port or place was the ship steering her course at the time of her being first pursued and taken? Was her course altered upon or after the appearance of the vessel by whom she was taken, and how altered, and with what object or purpose? Was her course at all times, when the weather would permit, directed to the place or port for which she appears to have been destined by the ship's papers? Was the ship before, or at the time of her capture, sailing beyond or wide of the said place or port to which she was so destined by the said ship's papers? At what distance was she therefrom? Was her course altered at any and what time, and to or towards any, and what, other port or place, and for what reason? Did she make any, and what, attempt to escape the said ship by which she was captured? When did she first see that ship, and at what distance? Did she thereupon make or shorten sail, or slacken or increase her speed, and how? When and by what means was she stopped, brought to, or boarded?

31. By whom and to whom has the said ship ever been sold and transferred, and how often and at what time and place, and for what sum or consideration? Has such sum or consideration been paid or satisfied? Was such sum a fair equivalent for her? If such sum has not been paid, what security or securities have been given for the payment of the same and by whom? And where do the persons who have given such security now live? Do you know, or believe in your conscience, such sale or transfer to have been truly made, and not for the purpose of covering or concealing the real property or interest in the ship? Do you verily believe, that if the ship be restored, she will belong to the persons now asserted to be her owners, and no others? Are there any, and if yea, what, private agreements for the return of the ship to her former owners, at the conclusion of the war, or at any and what other period?

32. What guns were mounted on board the said ship, and of what calibre were they? and what arms and ammunition were there belonging to her? Why was she so armed? Were there on board any other guns, mortars, howitzers, balls, shells, rockets, handgrenades, rifles, muskets, carabines, pistols, fuzees, halberds, spontoons, swords, bayonets, locks for muskets, flints, ramrods, belts,

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cartridges, cartridge-boxes, pouches, gunpowder, percussion-caps, saltpetre, nitre, camp equipage, military tools, uniforms, soldiers' clothing or accoutrements, or any sort of warlike and naval stores, or steam-engines or machinery, or parts thereof? Were any of such warlike, or naval, stores or things thrown overboard, at or before the time of the capture? And were, and are, any such warlike and other stores before described concealed on board under the names of merchandise, or any other colourable appellation, in the ship's papers? If yea, what are the marks of the casks, bales, and packages in which the same are concealed? Were any of the before-named articles, and which, intended for the use of any fortress or garrison in the port or place to which such ship was bound? If nay, to whose use, and for what place, were the same, or any and which of them, really destined or intended? Do you know, or have you heard of, any ordinance, notice, or law, existing in the kingdom or state from which the voyage began, or where they were shipped, forbidding the exportation of the same by private persons? Were such warlike or naval stores put on board by any, and what public authority? When, and where, and by whom, were they put on board?

33. What is the whole which you know or believe regarding the real and true property and destination, at the time of the capture of the ship and cargo, concerning which you are now examined?

34. Did the said ship on the voyage in which she was captured, or during any and what former voyage, sail under the convoy of any and what ship or ships of war, and other armed vessel or vessels ? And if yea, for what reason did she sail under such convoy ? Of what force was or were such convoying ship or ships? And to what state did they belong? What instructions or directions did you receive on each and every such voyage, when under convoy, respecting your sailing or keeping in company with such armed or convoying ship or ships? and from whom did you receive such instructions or directions ? And from whom did you receive any instructions for resisting, or endeavouring to avoid, or escape from capture; or for destroying, or concealing, or refusing to deliver up your ship's documents or papers, or any and what other papers that might be, or had been put on board your vessel? If you had any such instructions, state their tenor and all particulars relating thereto. Ask the witness if he is in possession of such instructions or copies thereof? and if he be, direct him to leave the same with the examiner, to be annexed to his deposition.

35. Did the said ship, during the voyage in which she was captured, or on or during any and what former voyage, sail to, or attempt to enter or leave, any port, place, river, or coast which was under blockade by the arms or forces of any, and which of the belligerent powers? If yea, when, where, and how did you first hear of such port, place, river, or coast being so blockaded? And were you at any, and what time? And if yea, by whom and where warned not to proceed to, or not to attempt to enter, or to leave such blockaded port, place, river, or coast? What conversation or other communication passed between you and your informant in

respect thereto? And what course did you pursue upon, and after such warning?

36. What instructions did you or did any, and what other, person on board receive, and from whom, and when, with respect to any and what blockade which there was, or might thereafter be, established? Or will you swear that you never received and do not know or believe that any other person on board received any instructions whatsoever in respect to any blockade which was or might be established of any port, place, or coast ?

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I. Declaration as to Neutrals and Letters of Marque, 28th March, 1854.
II. Order in Council of 15th April, 1854 (in furtherance of No. I.)

III. Convention relative to Joint Captures, of 10th May, 1854.

IV. Instructions to Commanders (annexed to No. III.).

V. The Declaration of Paris, of 16th April, 1856.

VI. The Naval Prize Act, 1864.

VII. Extract from the Naval Discipline Act, 1886.

VIII. Proclamation as to Prize Money, of 3rd August, 1886.

IX. A list of Vice-Admiralty Courts.

X. A list of Reports of Prize cases.

I.

Declaration of Her Majesty, dated March 28, 1854, with reference to Neutrals and Letters of Marque.*

HER Majesty the Queen of the United Kingdom of Great Britain and Ireland, having been compelled to take up arms in support of an Ally, is desirous of rendering the war as little onerous as possible to the Powers with whom she remains at peace.

To preserve the commerce of Neutrals from all unnecessary obstruction, Her Majesty is willing for the present to waive a part of the belligerent rights appertaining to her by the Law of Nations.

It is impossible for Her Majesty to forego the exercise of her right of seizing articles contraband of war, and of preventing Neutrals from bearing the Enemy's despatches, and she must maintain the right of a belligerent to prevent Neutrals from breaking any effective blockade which may be established with an adequate force against the Enemy's forts, harbours, or coasts.

But Her Majesty will waive the right of seizing Enemy's property laden on board a neutral vessel, unless it be contraband of

war.

It is not Her Majesty's intention to claim the confiscation of neutral property, not being contraband of war, found on board Enemy's ships; and Her Majesty further declares, that being anxious to lessen as much as possible the evils of war, and to restrict its operations to the regularly organised forces of the country, it is not her present intention to issue Letters of Marque for the commissioning of Privateers.

Westminster, March 28, 1854.

* The above Declaration, and the Order in Council which follows it, ceased to be in force upon the close of the Russian War. They are here inserted only as indicating the probable policy of Great Britain in future wars.

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