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DRAFT INSTRUCTIONS TO Detaining Officers.

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35. The procedure to be adopted in the case of any enemy merchant-vessel which has left her last port of departure before the commencement of the war, and has entered a British port after the expiration of the “days of grace" while still ignorant that hostilities had broken out, is laid down in Article 5 of the draft Order in Council.

36. Care must be taken that a pass is not issued for any vessel which may be held to fall under the categories specified in Article 7 of the draft Order in Council to be excluded from the privilege of days of grace," and in any case of doubt whether a vessel is excluded the facts should be reported to the Local Government and their directions should be sought.

Procedure when Foodstuffs or other Commodities being Enemy Cargo are requisitioned.

37. If it should be decided that enemy cargo consisting of foodstuffs and materials for manufacture is to be requisitioned on payment of compensation in accordance with Article 6 of the draft Order in Council, the specific articles to be requisitioned will be included in a list supplied by the Local Government, and Detaining Officers will be furnished with a copy of the list and any general directions which may be specially issued with reference thereto.

38. Where any such cargo found on board any ship is to be requisitioned, the Detaining Officer should inform the master of the ship that it is requisitioned and that compensation will be paid therefor, and must take care that the ship does not leave the port with any such cargo on board.

39. The master should be given the option of arranging for the cargo so requisitioned to be discharged, but unless he takes immediate steps to do so, the Detaining Officer should make the best local arrangements which he can for the discharge of the cargo, so that the ship, if an enemy vessel, may leave the port within the time allowed for her departure.

40. In any case the full particulars of all cargo requisitioned and discharged should be recorded for the purpose of facilitating a settlement of the amount to be paid as compensation.

Procedure when a Ship or Cargo is brought into Port as Prize.

41. When a ship or cargo is brought into a British port, the Prize Officer must, as regards berthing the ship or discharging the cargo, conform to all local regulations, and must, when required by the Marshal or any Officer of Customs, give all information in his power that may be asked of him by such Officer, and must allow any such Officer to go on board and search the ship, and warehouse any of the goods on board.

42. The Prize Officer should deliver up the ship and cargo, or, when the ship is not brought in, the cargo alone, forthwith into the custody of the Marshal, or, in the absence of such Officer, into the custody of the principal Officer of the Customs at the port, and it will be the duty of the Prize Officer' upon arrival in port to place himself in communication with the King's Proctor attached to the nearest Prize Court or his representative and act in accordance with the advice of that official.

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PART II.

The object of this Part is to give in a concise manner a statement of the ships and goods liable to detention.

Ships Liable to Detention.

43. The ships which being in British ports are liable to detention are :-

(a.) Any enemy ship, irrespectively of her destination or cargo, except those

specified below in Article 49.

(b.) Any British ship, or ship of an ally, engaged in trade with, or acting in

the service of, the enemy without a licence.

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