certificates of

heads of de

partments.

persons present and witnessing payments, or the receipts of paid under the parties to whom such payments were respectively made, although such certificates or receipts have been produced to the head of the department: Now be it enacted, that the said commissioners for auditing the public accounts may allow and pass in the accounts of her Majesty's paymaster general all payments not supported by such certificates or receipts, on the production to them of returns or statements signed by the head of the department.

council alter

XIII. The lords of the admiralty may from time to time Lords of the make such rules, orders, and regulations as may to them admiralty may appear expedient for facilitating the paying of the navy, and by order in for distributing the proceeds of any prize, or any bounty, the mode of salvage, or other monies, as aforesaid, and for keeping the paying the accounts and expenses in relation thereto, notwithstanding navy, and disany provisions to the contrary contained in the act of the tributing prize eleventh George the Fourth, chapter twenty, and fifty-fourth money, &c. George the Third, chapter ninety-three, or in any other act whatsoever; provided always, that such rules, orders, and regulations are not inconsistent with the aforesaid proclamations, or with any future proclamation which her Majesty may see fit to issue in that behalf, and that the same shall not have any force or effect until they have been previously approved by her Majesty in council; and such orders in council shall be presented to parliament within fourteen days after the date thereof, or if parliament be not then sitting, within fourteen days next after the meeting of parliament; and an account showing all the receipts and expenditure on account of naval prize to the thirty-first day of March in each year, signed by the accountant general of her Majesty's navy, shall be annually laid before parliament.

seizures made by officers of customs, &c.

XIV. Provided, that nothing in this act contained shall Act not to extend or be construed to extend to any seizure of ships, extend to vessels, goods, or merchandise made by any officer or officers of customs, or of inland revenue or excise, for any breach of the laws or regulations relating to the customs, inland revenue, or excise, or to trade and navigation.

INDEX.

BLOCKADE

is an act of sovereignty, 31.

may be imposed by commanders of expeditions, 31.
under implied authority subject to ratification, 32.
must be maintained by competent force, 32.

commences from the time that such force is stationed, 32.
a single frigate may be sufficient, 32.

blockading ships may be stationed at various distances, 32.
internal communications not affected by, 32.

raised in law when unprivileged vessels are not excluded, 33.
raised when blockading ships are driven off by the enemy, 34.
not raised or suspended when they are driven off by weather, 33.
accompanied with notification is presumed to continue till notification
of discontinuance, 34.

notice of constructive,

notification to official persons is presumed to have reached all to
whom it was their duty to communicate it, 34.
after reasonable time for such communication, 35.
notice of actual,

anything affecting the party with knowledge, 35.

proof of such knowledge sufficient under American treaty, 35.
may be proved by direct or circumstantial evidence, 35.

presumed in law as to vessel coming out, 35.
presumed from notoriety arising from time, &c., 36.
extended to ports not blockaded bad altogether, 36.
breach of,

any act done with intent to enter, 36.

intoxication of master no excuse, 37.

sailing with intent to enter-though in ballast, 37.

unless such intent has been abandoned and course changed, 44.

going to the mouth of a blockaded port, 38.

or to a blockading squadron, under whatever pretence, 40.
or going under enemies' batteries, 38.

or near enough to the coast to slip in, 38, 39.

misinformation of foreign minister no excuse, 41.

by British fleet, excuse, 41.

entry through unavoidable necessity justifiable, 41.
but not for provisions or water, 37.

continuing to hover about the port after warning, 38.
where destination in ship's papers inconsistent with course, 41.

BLOCKADE-continued.

breach of,

coming out of blockaded port, 42.

except in ballast, or with cargo shipped before notice, 42.
or with identical cargo carried in before notice, 42.
sale of enemy's ship to neutral in blockaded port illegal, 42, 43.
of neutral ship to neutral valid, 53.

licence in general terms will not include blockaded port, 43.
held sufficient when granted on same day with notifi-
cation, 43.

to enter a blockaded port implies licence to come out, 43.
and was even held to protect cargo taken in there, 43.
[but this decision seems erroneous.]

penalty for breach extends to return voyage, 44.

unless the blockade is raised before capture, 44.

CAPTURE. [JOINT CAPTURE, see Prize.]

stratagem lawful, as spreading false news, disguising ship, sailing
under false colours, 18.

firing under false colours unlawful, 18.

resistance to ground of condemnation, 11.

neutral master not bound to navigate his vessel for the captor, 11.
resistance arising from bonâ fide mistake excusable, 11.

capture within three miles of neutral coast unlawful, restitution due
if claimed by neutral state, 11.

but the owner of the ship cannot take advantage of the objec-
tion, 12.

nor neutral who has not observed perfect indifference, 12.
neutral state cannot interfere with possession of prize brought into
its port, 75.

nor with possession of prize ship rescued by its crew, 75.

captor bound to bring prize in for adjudication, 12.

to convenient port, 13.

for instructions under French and English convention, 14 and fol-
lowing pages.

if the prize cannot be brought in, and is clearly enemy's property,
she must be destroyed, 12.

if the property be doubtful it is safe and proper to dismiss, 12.

where capture not justifiable captor responsible for every damage,
12, 13.

as where the ship is protected by licence, and the licence is
shewn, 12.

but not where the licence is concealed, 12.

CONTRABAND,

mere articles of luxury not fit for military use are not, 45.

goods of whatever kind going to a neutral port are not, 46.

ammunition, military equipments, naval stores, are when destined to
enemy's port, except when they do not exceed the quantity required
for the ship's stores, 46.

ship adapted for war, going for sale to an enemy's port, 47.

articles of ambiguous use destined to port of naval equipment are, 48.
or port of which the predominant character is such, 48.

or to port in the same bay with such a port, 48.

carriage of, with false destination, forfeits ship and cargo, 48.

CONTRABAND-continued.

and extends the penalty to the return voyage, 50.

offence purged where destination changed before capture, 50.
or port of destination has ceased to be hostile, 50.
treaty between Great Britain and America, 56.

merely declaratory of the law of nations, 57.
Great Britain and Denmark, 52.

exempts all kinds of provisions, 52.

and all timber not fit for naval construction, 52.

character of ambiguous timber determined by destination, 52.
convention between Great Britain, Denmark and Sweden, 53.
applies only to vessels having the captain and one-half the crew
Danes or Swedes, 54.

applies only to goods of subjects in national vessels, 54.

treaty of 1661 between Great Britain and Sweden, 54.

excepts manufactured articles not of naval equipment, 55.

copper in sheets not contraband by this treaty unless fit for sheath-
ing, 55.

excepts herrings, iron in bars, copper, brass and brass wire, planks
and balks, except oak and spars, on board national vessels, 56.
oak not contraband unless fit for naval stores, 56.

treaties respecting contraband only apply when one of the contract-
ing parties is belligerent and the other is neutral, 57.

where both are confederated against a common enemy such treaty is
inoperative, and the common law applies, 58.

LICENCE,

defined, 59.

of strict construction, 60.

where there is good faith, trifling deviations will not injure grantees, 60.
unavoidable contravention of excused, 61, 68.

where licence irregular, or apparently contravened, capture is justi-
fiable, and captor's expenses allowed, 61.

but not where vessel had delivered her cargo in England, and was
returning out of date, 62.

licence by admiral and consul void till ratified, 61.

to neutral ships vitiated by substitution of British or enemy's
ships, 62.

but not where the ship was bonâ fide supposed and appeared to be
neutral, 62.

will not protect a ship by merely being on board, unless in some way
appropriated to it, 62.

to export will protect vessel returning with identical cargo where
exportation defeated, 62.

to import will protect vessel going in ballast to port licenced, 63.
except under flag of such a country, excludes ships of that country
though not carrying its flag, 63.

to purchase enemy's ship not vitiated where agent without authority
gave bond for restitution, 63.

general, will not protect vessel going to be sold in enemy's port, 63.
will not extend beyond its specific purport, 63.

to British merchants or their agents, &c., will not protect enemy's
goods, 63.