‘lading, 
STATE PAPERS. 
which the appellant sends over to 
his correspondent, in England, who 
carries it toa proctor, and the same 
steps are taken to procure and serve 
the inhibition as where the cause 
has been adjudged in the high 
court of admiralty. But if a copy 
ef the proceedings cannot be pro. 
cured in due time, an inhibition 
may be obtained by sending over a 
copy of the instrument of appeal, 
or by writing to the correspondent 
an account only of the time end 
substance of the sentence. 
Upon an appeal, fresh evidence 
may be introduced ; if upon, hear- 
ing the cause the lords of appeal 
shall be of opinion, that the case is 
of such doubt, as that further proof 
ought to have been ordered by the 
courtbelow. 
Further proof usually consists of 
affidavits made by the asserted pro- 
prietors of the goods, in which they 
are sometimes joined by their clerks 
and others acquainted with the 
transaétion, and with the real pra- 
perty of the goods claimed: In 
corroboration of these, ’ affidavits 
spondence, duplicates of bills of 
invoices, extraéts from 
books, &c. These pavers must be 
proved by the affidavits of persons 
who can speak of their authen- 
ticity: and if copies or extratts, 
they should be collated and certi- 
fied hy public notaries. The affi- 
davits are sworn before the magis- 
trates, or others competent to ad. 
- thinister oaths in the country where 
they are made, and authenticated 
by a certificate from the British 
consul. 
The -degree of proof to be re- 
quired depends upon the degree 
of suspicion and doubt that belongs 
tothe case. In cases of heavy sus- 
picion and great importance, the- 
173 
court may order what is called 
‘* plea and proof,’’ that is, instead 
of admitting affidavits and docu- 
ments introduced by the claimant 
only, each party is at liberty ta 
allege in regular pleadings, such 
circumstances as may tend to ac- 
quit er ta condemn the capture, 
and te examine witnesses in sup- 
port of the allegations, to whom 
the adverse party may administer 
interrogatories. The depositions of 
the witnesses are taken in writing ; 
if the witnesses are to be examined 
abroad, a commission issues for that 
purpose; but in no case is it ne- 
cessary for them to come to Eng. 
land. ‘These solemn progeedings 
are not Often resorted to. 
Standing commissions may be~ 
sent to America, for the general 
purpose of receiving examinations 
of witnesses in all cases whete the 
court may find it necessary, for the 
purposes of justice, to decree an. 
inquiry to be conducted in that 
manner. 
With respeét to captures and 
condemnations at Martinico, which 
may be annexed, original corre. ~are the subjects of another inquiry 
contained in your note, we can only 
answer in general, that we are not 
informed of the particulars of such 
captures and condemnations; but 
as we know of no legal court of 
admiraity-established at,Martinico, 
we are clearly of opinion that the 
legality of any prizes taken there 
must be tried in the high court of 
admiralty of England, upon claims 
given in the manner above de- 
scribed, by such: persons ‘as ‘may 
think themselves aggrieved by the 
said capture. 
We have the honour to be, &c. 
(Signed) Ww. Scorr. 
Joun Nicwo tt, 
Commons, Sept. 10, 1794. 
e parte 
