CHAPTER XIII.

BRITISH VESSELS TRADING WITH THE ENEMY.

257. The Commander should detain any British Vessel which he may meet with trading with the Enemy.

Who are British Subjects.

257*. The following are British Subjects:

a. Any Person who has his domicile in the British Dominions, whatever be his Nationality by

birth.

b. Any Person who, having been born in the British
Dominions, has not bona fide acquired a new
Domicile in the Territory of another State.
c. Any person who, having until recently had his
Domicile in the British Dominions, has not
bonâ fide abandoned the Domicile.

258. By the Domicile of a Person is meant the place of his permanent residence, or, if he is a Trader, the principal place of his Trade. The Domicile of a Consul who trades is in the place of his Trade, and not in the Country which he represents.

259. The Domicile of the Owner of a Vessel will be ascertained from her Papers-e. g., her Register (if any); or the Builder's Contract, if the Vessel is a new Vessel; or the Bill of Sale, if the Vessel has been lately transferred; or from inquiry from the Master, who is bound to be acquainted with the name and domicile of the Owner.

What are British Vessels.

260. The Commander will be justified in treating as a British Vessel

1. Any Vessel carrying a Certificate of British Registry.

2. Any Vessel (though by her Papers appearing to be Neutral) owned by a British Subject.

3. Any Vessel apparently owned by a person domiciled in Neutral Territory, if such person has acquired the ownership by a Transfer from a British subject made after the Vessel had started upon the voyage during which she is met with, and has not yet actually taken possession of her.

4. Any Vessel apparently owned by a person domi. ciled in Neutral Territory, if such person has acquired the ownership by a Transfer from a British subject made at any time during the war, or previous to the war but in contemplation of its breaking out, unless there is satisfactory proof that the Transfer was bonâ fide and complete. In the event of such a Transfer being alleged, the Commander should call for the Bill of Sale, and also for any Papers or Correspondence relating to the same. If the Bill of Sale is not forthcoming, and its absence is unaccounted for, he should detain the Vessel. If the Bill of Sale is produced, its contents should be carefully examined, especially in the following particulars:

a. The Name and Residence of the Vendor. b. The Name and Residence of the Pur

chaser.

c. The Place and Date of the Purchase.
d. The Consideration-money and the Receipt.
e. The Terms of the Sale.

f. The Service of the Vessel, and the Name
of the Master both before and after
the Transfer.

The Name and Residence of the Vendor are material to show whether or not he was a British subject.

The Name and Residence of the Purchaser are material to show whether or not he was a person domiciled in Neutral Territory.

If the Purchase is made by an Agent, the Letters of Procuration should be produced.

The Date and Place of Purchase are material to show whether or not the Transfer was made in contemplation or in consequence of the war.

1 Odin, 1 C. Rob, 250.

The Consideration-money is material, in case the Vessel is alleged to have been transferred by Sale, to show whether or not the transaction was bonâ fide; for if the transaction was professedly a Sale, then the fact that the consideration was nominal or wholly inadequate would be a just cause for suspicion. But a Transfer by way of gift or bequest will, if bonâ fide and complete, be as valid as a Transfer by way of Sale.

The Receipt for the Purchase-money should be called for, in case the Vessel is alleged to have been transferred by Sale; but if there is proof that the Sale was bonâ fide, and in other respects complete, the Transfer will be good, although no Receipt is forthcoming, and even although the Purchase-money has not in fact been paid; for the Prize Court does not consider any lien which a Vendor, being a British subject, may have upon a Vessel or her Cargo or Freight for unpaid Purchase-money to be a subsisting British interest rendering the Vessel trading with the Enemy liable to confiscation; however, the fact that the Purchase-money instead of having been paid in cash has only been carried to an account will raise a presumption of the Transfer being merely colorable, and such a presumption cannot be rebutted except by clear proof to the contrary.

The Terms of the Sale are material to show whether or not the Transfer was complete. The Transfer would not be complete, if the Sale was not absolute, as if it contained a power of revocation, or a condition for a return of the Vessel at the close of the war, or a reservation of the profits of the Vessel or of any control over her to be left in the hands of the former Owner.

The Service of the Vessel and the Name of the Master, both before and after the Transfer, are material, to show whether or not the Transfer be a genuine one. For if the Service of the Vessel was formerly from a British Port to a hostile one, and remains unaltered after the Transfer, the Commander will be justified in holding the Transfer to be colorable only. The fact that the same Master is retained in command after the Transfer raises a suspicion; but, standing alone, will not be conclusive that the Transfer was not bonâ fide.

If the Transfer is bona fide and complete between the parties, the fact that it was effected in fraud of the Revenue or the law of the Mercantile Marine of any Foreign country will be immaterial.

If the Purchase was made through an Agent, the Letter of Procuration should be called for.

What is trading with the Enemy.

261. The Commander will be justified in considering a British Vessel as trading with the Enemy

1. If she has commenced her voyage from a Hostile port.

2. If during her voyage she has touched at a Hostile port as a port of call, whether she has actually taken cargo on board thence or not.2 3. If she commenced her voyage, having a Hostile port, either certainly or according to contingencies, for her port of destination or port of call, unless, previous to the time when she is met with, her Master has definitively abandoned the intention to go to a Hostile port.

262. A port only in the temporary occupation of the Enemy is not to be considered a Hostile port.3

263. The Commander should release a British Vessel found trading with the Enemy if he is satisfied that her Master was pursuing such trade in ignorance that war has broken out.

264. But it will be no excuse that the Vessel was chartered to bring back to British Territory British property deposited in the Enemy's Territory before the breaking out of the war, if such Charter-party was entered into with knowledge of the war.1

Allied Vessels not to trade with the Enemy.

265. Vessels owned by subjects of an ally of Great Britain in the war are not at liberty any more than British Vessels to trade with the Enemy; and, mutatis mutandis, the above observations relative to British Vessels trading with the Enemy are applicable to Allied Vessels trading with the Enemy.5

2 Wildman, ii. pp. 20, 22. Duer, i. 570. Joseph, 8 Cranch, 454.

3 Gerasimo, 11 Moore P.C. 100.

Schooner Rapid, 1 Gall. 295. Brig Alexander, 1 Gall. 532.

5 Hoop, 1 C. Rob. 216, 217. Nayade, 4 C. Rob. 251. Ceres, 3 C. Rob. 79. Neptunus, 6 C. Rob. 403.

PART III.

MISCELLANEOUS.

CHAPTER XIV.

NEUTRAL TERRITORIAL WATERS.

266. A Vessel in Neutral Territorial Waters is not liable to Visit, Search, or Detention, notwithstanding that she may have been beyond those limits when first descried or chased.

267. Sometimes it happens that, after capturing a Vessel, the Commander ascertains that the Capture was made in Neutral Territorial Waters; in such case the Commander should release her, if an express application is made by the Authorities of the Neutral Territory for her restoration.

Right to enter a Neutral Port.

268. Subject to any limit which the Neutral Authorities may place upon the number of Belligerent Cruisers to be admitted into any one of their Ports at the same time, the Commander may, by the Comity of Nations, enter a Neutral Port with his Ship for the purpose of taking shelter from the Enemy or from the weather, or of obtaining provisions or repairs that may be pressingly necessary. 269. For the same purpose the Commander may, unless prohibited by the Neutral Authorities, bring his Prize or Prizes also into a Neutral Port; but if the Neutral Authorities do prohibit the bringing in of the Prize, he is bound to acquiesce.

Conduct whilst in a Neutral Port.

270. The Commander is bound to submit to any regulations which the Local Authorities may make respecting