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or after the Monition has been taken out, enter a claim to the Vessel or Cargo verified by Affidavit.11

122. After the return of the Monition, and the conclusion of the examination in præparatorio, the cause will be set down for hearing. At the hearing the only evidence will be the Vessel's Papers and the Answers of the Master and Crew to the Standing Interrogatories.12 The Captors will not, in the first instance, be suffered to give evidence, unless under special circumstances.

11 Naval Prize Act, 1864, Sec. 23.

12 Aline and Fanny, 10 Moore, P.C. 501.

D

PART II.

CAUSES OF DETENTION SEPARATELY CONSIDERED.

CHAPTER IX.

PAPERS.

123. The object of the examination of a Vessel's Papers is not only to learn particulars respecting the Vessel and her Cargo, but also to ascertain whether she is properly furnished with Ship-Papers.

Papers; when a Justification for the Detention of a Vessel.

124. The Commander should detain any Vessel which carries no Ship-Papers.

125. The Commander should detain any Vessel which carries false or simulated Ship-Papers.1

126. The Commander should detain any Vessel whose Master or Crew have been guilty of Spoliation of Papers;2 that is, have wilfully destroyed or thrown overboard any of her Papers, with a view to deceive Commanders of British or Allied Cruisers.

127. In case of Spoliation of Papers, any excuse by the Master that the Papers destroyed were private papers, not concerning the Vessel or her Cargo, should not be entertained.3

128. The Commander may also detain a Vessel on account of her Ship-Papers in any of the following cases :1 1. If the most important of her Papers that should be on board are not forthcoming.

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2. If the Papers on board are irregular.

3. If the Papers on board are inconsistent either

Sarah, 3 C. Rob. 330.

2 Hunter, 1 Dod. 480.

3 Two Brothers, 1 C. Rob. 132.

Anna, 5 C. Rob. 383. Nostra Signora de Piedade Nova Aurora, 6 C. Rob. 43.

with each other or with the statements of the Master. The Master is to be expected to know the name of the Owner of the Vessel and the general contents of her Papers.

129. No fixed rule can be laid down as to what amount of defectiveness, irregularity, or inconsistency in a Vessel's Ship-Papers will justify her Detention. The Commander must act upon his own discretion according to the circumstances of each case. The absence or irregularity even of the most important Ship-Papers may in some cases be satisfactorily accounted for; and for this reason every opportunity of explanation should be given to the Master. On the other hand, deficiencies slight in themselves become serious if there is any cause for suspecting that they have arisen from simulation, suppression, or spoliation; or if there are any circumstances connected with the Vessel or Cargo leading to the suspicion that the Vessel is not engaged in lawful com

merce.

130. In case the Commander of the Cruiser is satisfied that the Vessel is engaged in lawful commerce, no defects, irregularities, or inconsistencies in her Ship-Papers will justify her Detention.

What are Ship-Papers.

131. Every Merchant Vessel should carry on board some Official Voucher for her Nationality, issued by the authorities of the Country to which she belongs. The Official Voucher of a Vessel which belongs to a Country possessing a Register of its Mercantile Marine, is a Certificate of her Registry in other cases its form varies and passes under different names-"Passport," "Seabrief," &c.

132. This Official Voucher is in all cases conclusive evidence of the Nationality of the Vessel as against the Master, but not in his favour. If, therefore, it turns out that the real Nationality of the Vessel is different from that indicated by the Official Voucher, the Master is debarred from claiming the benefit of such real Nationality, and is also compelled to submit to the disadvantageous consequences of it, if any.5

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133. The absence of an Official Voucher is a grave

Fortuna, 1 Dodson, 87. Success, 1 Dodson, 132. Neptune, Spinks, 286.

cause of suspicion, and if unaccounted for, justifies the Detention of the Vessel.6

134. The Flag carried by a Merchant Vessel or found on board is not by itself a Criterion of the Nationality of a Vessel.7

135. The Certificate of Registry

is a document signed by the Registrar of the Port to which the Vessel belongs, and usually specifies (inter alia) the name of the Vessel and of the Port to which she belongs: her tonnage, &c.: the name of her master: particulars as to her origin: the names and descriptions of her registered owners.

136. The Passports

purports to be a requisition on the part of a Sovereign Power or State to suffer the Vessel to pass freely with her company, passengers, goods, and merchandise without any hindrance, seizure, or molestation, as being owned by citizens or subjects of such state. It usually9 contains the name and residence of the Master, the name, description, and destination of the Vessel.

137. The Sea-letter, 10 or Sea-brief,

is issued by the Civil Authorities of the Port from which the Vessel is fitted out: it is the document which entitles the Master to sail under the Flag and Pass of the Nation to which he belongs and it also specifies the nature and quantity of the Cargo, its ownership and destination.11

138. The Charter-party

is the written contract by which a Vessel is let, in whole or in part; the person hiring being called the Charterer. It is executed by the owner or master and by the charterer. It usually specifies (amongst other things) the name of the Master, the name and description of the Vessel, the port where she was lying at the time of the

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Caroline, Spinks, 252.

⚫ Chitty, 197.

7 Twiss, ii. 180.

10 Twiss, ii. 172 n.

8 Twiss, ii. 172 n. 11 Chitty, 197.

Charter, the name and residence of the Charterer, the character of the Cargo to be put on board, the port of loading, the port of delivery, and the freight which is to be paid.

The Charter-party is almost invariably on board a vessel which has been chartered.

139. The Official Log-book

is the Log-book which the Master is compelled to keep in the form prescribed by the municipal law of the Country to which the Vessel belongs.

140. The Ship's Log

is the log kept by the Master for the information of the owners of the Vessel.

141. The Builder's Contract

is to be expected on board a Vessel which has not changed hands since she was built. It is not a necessary document; but it sometimes serves, in the absence of the Pass or Sea-letter or Certificate of Registry, to verify the Nationality of a Vessel.

142. The Bill of Sale

is the instrument by which a Vessel is transferred to a purchaser. It should be required wherever a sale of the Vessel is alleged to have been made either during the War or just previous to its commencement, and there is any reason to suspect that the Vessel is liable to Detention, either as an Enemy Vessel or as a British or Allied Vessel trading with the Enemy. (Vide infra, sec. 255 and sec. 260.)

143. Bills of Lading

usually accompany each lot of goods. A Bill of Lading on board a Vessel is a duplicate of the document given by the Master to the Shipper of goods on occasion of the shipment. It specifies the name of the Shipper, the date and place of the Shipment, the name and destination of the Vessel, the description, quantity, and destination of the goods, and the freight which is to be paid.

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