172 
be disposed of by the captor, there 
must be a regular judicial proceed- 
ing, wherein both parties may be 
heard; and condemnation there- 
upon as prize, in a court of admi- 
ralty, judging by the law of na- 
tions and treaties. | 
“© The proper and’ regular court, 
fer these condemnations, is the 
court of that state to whom the cap- 
tor belongs. : 
“« The evidence to acquit or con- 
demn, with or without costs or da- 
mages, must, in the first instance, 
come merely from the ship taken, 
viz. the papers on board, and the 
examination on oath of the master, 
-and other principal officers; for 
which purpose there are officers of 
admiralty in all the considerable 
sea-ports of every maritime power 
| at war, to examine the captains, 
and other principal officers of every 
ship brought in as a prize, upon 
general and impartial interrogato. 
ries: if there does not appear from 
thence ground to condemn, as ene- 
my’s property, orcontraband goods 
going to the enemy, there must be 
an acquittal, unless from the afore- 
said evidence the property shall ap- 
pear so doubtful, that it is reason. 
able to gointo further proof thereof. 
“¢ A claim of ship, or goods, 
must be supported by the oath of 
somebody, at least as to belief. 
‘© The law of nations requires 
good faith: therefore every ship 
must be provided with complete and 
genuine papers; and the master, 
at least, should be privy to the 
truth of the transaction. 
_ © Toenforce these rules, if there 
be false or colourable papers; if 
any papers be thrown .overboard ; 
if the master and officers examined 
19 preparation grossly prevaricate ; 
, 
oh 
ANNUAL REGISTER, 1705. 
if proper ships papers are not on 
board : or if the master and crew 
cannot say, whether the ship or - 
cargo be the property of a friend 
or enemy, the Jaw of nations al- 
lows, according to the different de- 
grees of misbehaviour, or suspicion, 
arising from the fault of the ship 
taken, and other circumstances of 
the case, costs to be paid, or not to 
be received by the claimant, in 
case of acquittal and , restitution : 
on the other hand, if a seizure is 
made without probable cause, the 
captor is adjudged to pay costs and 
damages; for which purpose all 
privateers are obliged to give secu- 
rity for their good behaviour ; and 
this.is referred. to, and expressly 
stipulated by many treaties. 
_ © Though from the ship’s papers, 
and the preparatory examinations, 
the property does not sufficiently 
appear to be neutral, the claimant 
is often indulged with time to send 
over affidavits, to supply that de- 
feet ; if he will not shew the pro- 
perty by sufficient affidavits, to be 
neutral, it is presumed to belong to 
the enemy.—Where the property 
appears from evidence not on board 
the ship, the captor is justified in 
bringing her in, and excused pay- 
ing costs, because he is not in fault : 
er, according to the circumstances 
of the case, may be justly entitled 
to receive his costs. , 
© JT£ the sentence of the court 
of admiralty is thought to be erro- 
neous, there is in every maritime 
country a superior court of review, | 
consisting ot the most considerable 
persons, to which the parties who 
think themselves aggrieved may 
appeal; and this superior court 
judges by the same rule which go- 
yerns the court of admiralty, _ 
t 
