PUBLIC RECORD OFFICE
חותי
Reference :-
C.O.885
14 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
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4. Where the Commander of a British cruiser stops and examines a ship, he should draw up and sign a statement in writing of the circumstances under which, and the grounds on which, he stopped and examined the ship. Any evidence contained in the statement should, if possible, be taken on oath in the presence of the person charged in the evidence, and that person should have an opportunity of cross-examining the giving the evidence, and of making his reply to the evidence. Where this is done, the officer making the statement should certify that the evidence was so taken, and that there was such opportunity of cross-examining and of making a reply.
person
5. If the Commander of a British cruiser decides to seize the ship, he is to take her for adjudication to one of the specified ports, that is to say, either Yokohama or Shanghae, or a British colonial port at which there is a competent Court. In ordinary cases, the most convenient port will be Yokohama.
6. Instead of seizing the ship, the Commander of the British cruiser may, if he thinks fit, either retain the certificate and give a provisional certificate in lieu thereof, or return the certificate with an indorsement of the grounds on which it was seized, and in either case may direct the ship, by an addition to the provisional certificate, or to the indorse- ment, to proceed forthwith to one of the specified ports to be named in the certificate or indorsement. Forms of provisional certificate and of indorsement are sent herewith. 7. Where the Commander of a British cruiser seizes or indorses a ship's certificate, he should on the first opportunity send the certificate or copy of the indorsement, and also the above-mentioned statement, and the witnesses, to the specified port, addressing the documents to the proper officer there. The proper officer will be the British Consul if the specified port is Yokohama or Shanghae, and the Collector of Customs if it is a colonial port.
8. When-the-Commander-of-a Russian-eruiser-stope-and examines a-British-chip,-and-seizes-and detains-the-ship-or her-certifienter-he-will-on-the-first-opportunity, bandl-over-the-chip-or-her-ceni- frente,-as-the-ease-may-bey-to the Commander-of-a-British-eruiser-or-other-British authority. The Russian-Commander must, however, satisfy the British Commander or other authority that there were-reasemble grounds for the seizure and detention, having regard-to-the--provision-of--the Aet-and-Order-in-Commeil, and-mu-+-fumish-the-necesary-evidence-for-adjudication-an-required-by- the Order in Commeil.-The-Russian Commander-is-not authorised-to-indorse the certificate or to give-a-provisional-certifieste, or-to-remd-the-ship-for-adjudiention, or to detain any of-the-crew, or any-portion of the equipment.
8. When the Commander of a Russian cruiser stops and examines a British ship and srizes and detains the ship or her certificate, he will on the first opportunity hand over the ship, or her certificate, as the case may be, to the Commander of a British cruiser or other British authority. The Russian Commander is not authorised to indorse the certificate, or to send the ship for adjudication, or to detain any of the crew or any portion of the equipment.
9. The British Commander or authority will take over the ship, or her certificate, only if the ship or her master or members of the crew is or are charged with a specific offence which is a contravention of "The Seal Fisheries (North Pacific) Act, 1895," and "The Seal Fisheries (North Pacific) Order in Council, 1895."
10. The Russian Commander must satisfy the British Commander or other authority that there were reasonable grounds for the seizure and detention, having regard to the provisions of the Act and Order in Council, and must furnish the necessary evidence for adjudication as required by the Order in Council.
11. If the Russian Commander fails to satisfy the British Commander or other authority as above provided, or to furnish to such Commander or other authority such sufficient evidence, the British Commander or other authority who has taken the ship over from the Russian cruiser may release the ship.
. 12. Where the Commander of a British cruiser receives such ship or certificate from a Russian cruiser, and is satisfied that there were reasonable grounds for the seizure and detention, he is to proceed in like manner as if he had himself stopped and examined the ship and seized the ship or her certificate.
+. 13. Where the Commander of a British cruiser either seizes a ship or deals with her certificate as above directed, or receives a British ship from a Russian cruiser, and is satisfied as herein-before provided, all the equipment for sealing is to be removed from the ship, and taken or sent to the proper officer at the port to which the ship is taken or sent for adjudication.
++. 14. In any case, the Commander of a British cruiser is to record the name of every ship in respect of which he performs any act herein-before directed, and of her master, and he is at the first opportunity to inform the Commander-in-Chief of the action taken by him.
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15. In the event of a British agent visiting the Kormandorsky Islands and Robben Island to confer with the authorities there, and to inquire into the working of the arrangement, British cruisers are to co-operate with the said agent, and to give him any assistance in their power.
16. It is to be understood that these regulations do not apply to those parts of the zones which consist of Russian territorial waters, and that within those waters the Government of Russia will alone exercise jurisdiction.
at
1.
(A.) Form of Provisional Certificate of Registry.
Date of Registry.
No.
Name of Ship.
British or Foreign built.
Port of Registry.
How propelled.
2. The original certificate of the said ship containing the above particulars is dated
the
as Registrar.
day of
>
2
18 and purports to be signed by
3. The said original certificate has been seized, and this provisional certificate has been granted by the undersigned, in accordance with the provisions of "The Seal
Fisheries (North Pacific) Act, 1895."
*
for
4. The said ship is hereby directed to proceed forthwith to the port of adjudication, and the master is directed to report himself forthwith on arrival there to the British Consul [or Collector of Customs, as the case may be].
Dated at give ship's position]
the
189
day of
(Signed)
Commanding Officer, II.M.S.
(B.) Form of Indorsement on Certificate of Registry,
In accordance with the provisions of "The Seal Fisheries (North Pacific) Act, 1895,"
the said ship has been stopped and examined, and this certificate has been seized by
the undersigned on the following grounds:—[shortly state grounds]. This certificate is with this indorsement returned to the master.
for
The said ship is hereby directed to proceed forthwith to the port of adjudication under the said Act, and the master is hereby directed to report himself forthwith on arrival there to the British Consul [or Collector of Customs, as the case may be.]
Dated at [give ship's position]
the
day of
189.
(Signed)
Commanding Officer, II.M.S.
Approved:
R. E. W.
R. B. F.