45. If the Visiting Officer finds on board any ShipPapers relative to another Vessel already captured, but not adjudicated upon, he will take possession of them, and forward them to that Port to which such other Vessel has been sent in for Adjudication.1

46. Before quitting the Vessel, the Visiting Officer should ask the Master whether he has any complaint to make of the manner in which the Search has been conducted, or on any other ground. If the Master makes any complaint the Visiting Officer should request him to specify the particulars in writing.

47. The Visiting Officer should enter on the Log-book of the Vessel a Memorandum of the Search; the Memorandum should specify the date and place of the Search, and the name of Her Majesty's Ship and of the Commander; and the Visiting Officer should sign the Memorandum, adding his rank in the Navy.

48. A similar Memorandum should be made on that Document amongst the Vessel's Papers, which may be supposed to determine her Nationality.

49. Immediately on his return to his Ship, the Visiting Officer should draw up a statement of his proceedings, whilst the facts are fresh in his memory, specifying whether any complaint was made by the Master or any other person on board the Vessel, and, if so, what the complaint was. He should also deliver to the Commander any Complaint which the Master may have made in writing, and the Commander should thereupon carefully investigate the case, and should lose no time in applying such remedy as circumstances may admit.

50. The Officer who accompanied the Visiting Officer should also draw up in detail and deliver to the Commander a statement of all the facts which he witnessed.

51. The Commander should see that a proper Entry of all the necessary particulars is made in the Boardingbook, and also in the Log-book of the Ship. Both the Boarding-book and the Log-book should be signed by the Officers by whom the Search was made.

52. The Commander should, by the first opportunity, forward a full Report of the Case, together with his own remarks thereon, to the Senior Officer on the Station, and a Duplicate thereof to the Secretary of the Admiralty.

1 Romeo, 6 C. Rob. 351. Maria, 1 C. Rob. 340.

CHAPTER V.

DETENTION.

53. If, upon Visit and Search of the Vessel, the Commander has reason to entertain any suspicion, he should give the Master an opportunity of explanation; and if, after such opportunity given, he is satisfied that there is Proper Evidence against her amounting to probable cause for her Detention, he should detain her.

What is Proper Evidence against a Vessel amounting to probable Cause for her Detention.

54. Proper Evidence is such evidence as will be admissible before the Prize Court: viz. (1) facts appearing by inspection, as the character of the Vessel, her Equipment, Cargo, and Crew; (2) the Papers on board of her; and (3) the testimony of her Master and Crew. The Commander should remember that no evidence by any of the Captors in their own behalf will, at all events in the first instance, be admitted before the Prize Court.2

55. Evidence against the Vessel amounts to probable cause for her Detention when the circumstances connected with the Vessel and Cargo are such as to afford reasonable ground for belief that the Vessel or Cargo, or both, or part of the Cargo, might prove upon further inquiry to be Lawful Prize; and it is immaterial whether these circumstances arise from the misconduct of the Master or are beyond his control.3

56. The Commander should bear in mind that, if the Court should find that the Vessel has been detained without probable cause, then, although there has been nothing intentionally vexatious in his conduct;5 he will be condemned in costs and damages, even to the extent of making good any losses that have been the result of in

1 Anna, 5 C. Rob. 385.

2 Fortuna, 1 Dod. 81. Henrich and Maria, 4 C. Rob. 57. Haabet, 6 C. Rob. 54. Glierktigheit, 6 C. Rob. 58 n. Charlotte Caroline, 1 Dod. 192, 199. Aline and Fanny, Spinks, 322.

Ostsee, Spinks, 175.

Nemesis, Edwards, 50. Hoppet, Edwards, 369. Elizabeth, 1 Acton, 13. Ostsee, Spinks, 175.

5

Ostsee, Spinks, 175. Leucade, Spinks, 217.

evitable accident to the Vessel and Cargo while in his hands.

57. On the other hand, if the Court comes to the conclusion that there was probable cause for the Detention, then, although the Vessel may be ordered to be restored, the Commander will be held to have been in lawful possession of her, and therefore not answerable for casualties."

Detention upon Second Seizure.

58. Sometimes it happens that the Vessel has been previously seized by another of Her Majesty's Cruisers, and allowed to proceed as not being Lawful Prize: in such case the Commander should use special precaution; but, if he is nevertheless satisfied that there is probable cause for the Detention of the Vessel, he should detain her.7

Detention the act of the Commander alone.

59. The Commander of the Cruiser is alone responsible for the Detention of a Vessel, unless the Commander of the Squadron is actually present and coöperating, or himself expressly orders the Detention. The authority

therefore for the formal Detention of a Vessel should in all cases proceed from the Commander. But any Officer of inferior rank, who, whilst at a distance from his Commander, falls in with a Vessel, and after Visit and Search, has reason to believe that she is liable to Detention, should hold possession of her till he has communicated with his Commander.

Detention; how to be exercised.

60. As soon as the Commander has come to the determination to detain the Vessel, he should give notice to the Master, and may state to him the ground on which the Detention is made.8 The Commander should then without delay secure possession of the Vessel, by sending on board one of his Officers and some of his own Crew. If by reason of rough weather or other circumstances this is impracticable, the Commander should require the Vessel to lower her flag, and to steer according to his orders.9

• John, 2 Dod. 336.

7 Odessa, Spinks, 210. Mercurius, 1 C. Rob. 80.

8 Juffrow Maria Schröeder, 3 C. Rob. 153.

9

Hercules, 2 Dod. 368. Edward and Mary, 3 C. Rob. 306.

Papers to be secured.

61. Upon obtaining possession of the Vessel, the first duty of the Commander is to secure all the Papers belonging to the Vessel, as well those which are usually denominated "Ship Papers," and which relate only to the Vessel and Cargo, as all other Papers, of whatever description, which may be either delivered up or found on board.

62. The Vessel's Papers, as soon as secured, should be arranged and numbered in consecutive order, care being taken that the enclosures are not separated from their envelopes. The importance of securing all the Vessel's Papers is manifest, inasmuch as the evidence to acquit or condemn the Prize must in the first instance come merely from the Prize herself, namely, from the Papers on board and from the depositions on oath of the prin cipal persons belonging to the Prize.

Papers to be verified by Affidavit.

63. As soon as the Vessel's Papers have been arranged and numbered, an Affidavit should be prepared for their verification. The Affidavit may, in default of directions from the Admiralty, be in Form No. 1, page 70, and should always, if possible, be made by the person who found the Papers, or to whom they were delivered up at the time of the Capture. The Affidavit should then be fair copied on foolscap paper, a broad margin being left at the side, and the whole of the Vessel's Papers, numbered as aforesaid, should then be annexed thereto.

64. If any Papers have been destroyed or thrown overboard, a further separate Affidavit of the fact must be prepared. The Affidavit may, in default of directions from the Admiralty, be in Form No. 2, page 71, and it should, if possible, be made by one of the persons who saw the Papers destroyed or thrown overboard, or who succeeded in saving any of them after they had been thrown overboard. All Papers so saved must be arranged and numbered before the Affidavit is made, and, after it has been made, must be annexed thereto.

65. Again, should any Papers be found concealed in any part of the Vessel, a further separate Affidavit of the fact must be prepared. The Affidavit may, in default of directions from the Admiralty, be in Form

No. 3, page 72, and it should, if possible, be made by the person who discovered the Papers. All Papers so found concealed should be arranged and numbered before the Affidavit is made, and, after it has been made, must be annexed thereto.

66. The Affidavits should, on the first convenient opportunity, be sworn before one of Her Majesty's Consuls or Vice-Consuls abroad, or before some other person duly commissioned to administer Oaths in Prize Matters; but no Naval Officer, although so commissioned, may act as Commissioner or administer oaths in any case in which he himself is personally interested.

Account to be taken of Valuables.

67. The Commander should cause an Account to be taken in writing of all money and valuables found on board the Vessel. It will be convenient that this Account should be taken in duplicate, and duly certified, and one copy given to the Master. In default of directions from the Admiralty, the Certificate may be in Form No. 4, page 73.

If necessary, the Vessel afterwards to be released.

68. If, after the Detention of the Vessel, there should come to the knowledge of the Commander any further facts tending to show that the Vessel has been improperly detained, he should immediately release her, taking care to replace, as far as possible, every thing in its original posi

tion.