CHAPTER II. CAUSES FOR DETENTION. What Vessels are liable to Detention, what are not. 10. Vessels liable to Detention as Lawful Prize are as follows: I. Any Vessel, whatever be her Nationality, on account of any one of the following grounds: 1. Wilful evasion of Visit. 2. Resistance to Search. See Section 19-23. 3. Her Papers. See Chapter IX. 4. Contraband. See Chapter X. 5. Breach of Blockade. See Chapter XI. II. Enemy Vessels. See Chapter XII. III. British or Allied Vessels trading with the enemy. IV. Any British Vessel upon Recapture from the Neutral Commerce with the Enemy. 11. Neutral Vessels are not liable to Detention for carrying on commerce with the Enemy, unless such commerce is either Contraband or in Breach of Blockade. Free Ship, Free Goods. 12. The fact that Goods on board a Vessel belong to the Enemy is, by itself, no cause for the Detention either of the Vessel or of the Goods. British Commerce with the Enemy. 13. British Subjects, though they are not permitted to carry on in British Vessels any Commerce with the Enemy, should not be interrupted in carrying on Commerce with the Enemy in Neutral Vessels, provided such Commerce is neither Contraband nor in Breach of Blockade. CHAPTER III. VISIT. Precautions with a view to Joint Capture. 14. As soon as a Vessel is sighted which the Commander suspects may be Lawful Prize of War, he should, with a view to any claims of Joint Capture that may be raised by himself or other Captors, appoint an Officer to observe and note in writing from time to time the following particulars : 1. At the time the Vessel is sighted. When and 3. At the Capture. At what time and place the 6. If such other British or Allied Cruiser is the Visit; when and how to be exercised. 15. The Commander should not exercise the right of Visit over any Vessel that he has reason to believe is not liable to Detention. 16. In exercising the right of Visit, the Commander should be careful to occasion to the Vessel no more delay or deviation from her course than can be avoided, and generally to conduct the Visit in a manner as little vexatious as possible. 17. The Commander may chase, but under no circumstances may fire, under false colours.1 18. The Commander should not in any case require a Boat to be sent from the Vessel, or any Person or Papers to be brought from her on board his Ship. 19 If the state of the wind and weather permit, the Commander should communicate his intention to Visit by hailing, and then cause his Ship to go ahead of the suspected Vessel, and drop a boat alongside of her. 20. If the state of the wind and weather render such a course impracticable, the Commander should require the Vessel to be brought to. For this purpose he should give warning by firing successively two blank guns, and then, if necessary, a shot across her bows; but before firing, the Commander, if he has chased under false colours or without showing his colours, should be careful to hoist the British Flag and Pendant. 21. If these measures fail to cause the Vessel to bring to, then, but not till then, the Commander will be justified in resorting to coercion. 22. When the Vessel has been brought to, the Commander should send a boat alongside of her. 23. If the Master of the Vessel has wilfully evaded Visit, and attempted to escape, his Vessel should be detained. 24. A second Officer should (if convenient) accompany the Visiting Officer, and should be instructed to observe carefully every thing that occurs during the Visit, in order that, if required, he may be able to give his testi mony. 25. The Visiting Officer and the Officer by whom he is accompanied should be in proper Uniform, and the Boat should carry a British Flag. 1 Peacock, 4 C. Rob. 188. 26. The only persons who should in the first instance go on board the Vessel are the Visiting Officer and the Officer by whom he is accompanied: none of the Crew should be allowed to quit the boat, unless expressly ordered. If found necessary, they should be ordered on board. 27. If the Visiting Officer, upon boarding, is at once satisfied that the Vessel is not liable to Detention, he should immediately quit her. 28. If not so satisfied, he should demand, but with all proper courtesy, to see the Vessel's Papers. In case of refusal, he should insist upon their production; in the last resort he will be justified in adopting coercive measures, but it is important, so far as possible, to avoid any exercise of force. 29. If any attempt is made to resist by violence, the Vessel should be at once detained. 30. The Visiting Officer should be careful to obtain the name of the Vessel correctly. He should not be content with taking it from the mouths of the Master and Crew, but should observe how the name is written in her Papers and painted on her stern and on her boats. 31. If after examining the Vessel's Papers the Visiting Officer is satisfied that she is not liable to Detention, he should immediately quit her. 32. Before quitting the Vessel, the Visiting Officer should ask the Master whether he has any complaint to make of the manner in which the Visit 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. 33. The Visiting Officer should enter on the Log-book of the Vessel a Memorandum of the Visit; the Memorandum should specify the date and place of the Visit, 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. 34. A similar Memorandum should be made on that document amongst the Vessel's Papers, which may be supposed to determine her Nationality. 35. 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. 36. 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. 37. The Commander should see that a proper entry of all the necessary particulars is made in the Boarding-book, and also in the Log-book of the Ship. Both the Boardingbook and the Log-book should be signed by the Officers by whom the Visit was made. 38. 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. CHAPTER IV. SEARCH. How to be exercised. 39. If, after an examination of the Vessel's Papers, the Visiting Officer is not satisfied that she is not liable to Detention, he should proceed to search her. 40. When the Search has been authorised, the Boat's Crew should be called on board to assist, and, if required, further assistance should be obtained from the Ship. 41. The Visiting Officer will also be justified in making inquiries from the Master and Crew; but he should abstain from all threats or intimidation. 42. During the Search neither the Master nor any other person should be removed from the Vessel without his own consent. 43. Care should be taken to prevent any irregularity or damage to the Cargo. 44. If in the course of the Search the Visiting Officer is satisfied that the Vessel is not liable to Detention, the Search should be immediately discontinued; every thing that has been removed should be replaced as quickly and carefully as possible, and the Vessel allowed to pursue her course without delay. C |