Kings Regulations & Admiralty Instructions - 1913 - Instructions to Commanders-in-Chief and Officers in Command of Fleets, Squadrons, and Stations.

Index
 
Kings Regulations & Admiralty Instructions - 1913

Chapter X

Instructions to Commanders-in-Chief and Officers in Command of Fleets, Squadrons, and Stations.

SECTION   PAGE
I. General Duties of Commander-in-Chief 128
II. Duties of the Senior Officer Present 138
III. Commanders-in-Chief at Home Ports 148
IV. Officers recommended for Promotion 151

SECTION I. GENERAL DUTIES OF COMMANDER-IN-CHIEF.

419. Acquaintance with Ships and Officers. As soon as possible, he is to make himself acquainted with the state and condition and the capabilities of the ships placed under his orders, and with the manner in which they are officered and manned. He is to ascertain the skill, capacity, and intelligence of the several Captains, in order that he may make the fittest selection for any particular service. He is to use every exertion- to equip the ships expeditiously, and keep them ready for service, and if he should discover any defects in their stores or fittings, or in the ships themselves, of such a character as to render them in any way unfit for their destined service, he is at once to inform the proper department of the Admiralty. See 1851, clause 2 (Report on Officers Commanding Ships) ; 1095 (Defects in Ships from other Ports) ; 1093 (Defects on Foreign Stations) ; 409 (Surveying Ships).

420. Station Orders.- On assuming command, he is to forward to the 'Admiralty six copies of his station orders. If, however, he should adopt those of his predecessor, it will suffice to report the fact ; but six copies of every fresh edition, and of all additions or alterations emanating from himself, are to be sent to the Admiralty as soon as issued. He is to be governed by the special standing orders issued from time to time by the Admiralty.

2. All orders issued by an officer in command of a fleet, squadron, or station, are to remain in force after he ceases to hold such command, until cancelled or modified by any of his successors.

421. Limit to Movements of Ships.- When commanding a station, he will not send any flag officer, squadron, or ship beyond the limits without orders, except upon some very urgent considerations, which are at once to be reported to the Admiralty.

422. Information to Admiralty of Ships' Movements.- Commanders-in-Chief will take care to give such instructions to the officers serving under them, when at a distance, as will ensure the Admiralty being at all times kept fully and promptly informed of the movements of the ships, and of all occurrences of moment or of important intelligence obtained. See 570, clause 2 (Conveyance of Important Intelligence) ; also 18&3 (Direct communication with the Admiralty).

423. Muster and Inspection.- He is to muster and inspect every ship placed under his orders as follows :

  1. So soon as practicable after he assumes command ;
  2. So soon as practicable after a ship joins his flag;
  3. Annually from the date of such first inspection ;
  4. Immediately before her departure from the fleet or station ;

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retaining for his own information forms S. 425 to 425b and reporting the result to the Admiralty on forms S. 426 to 426e.

2. Inspecting Officer.- If he should be prevented from performing this important duty, he will depute it to an officer under his orders, senior to the Captain of the ship to be inspected, who will render to him the report, which is then to be dealt with as directed in clause 1.

3. Intermediate Musters, &c.- In addition to these periodical musters and inspections, he will arrange for other intermediate musters or inspections, or musters only, when he deems it necessary, whether the ships are present or on detached service. These reports are not to be sent to the Admiralty unless, from special causes, he should think it expedient to do so.

4. At Home Ports.- When commanding at a home port, he is to muster and inspect every ship when ready for sea on first commissioning or on newly commissioning after long refit out of commission, but a ship commissioning for a flag shall be inspected before the flag is hoisted on hoard, and a ship which has been a flag-ship shall not be inspected by the, Commander-in-Chief if the Flag Officer shall have returned home in her.

5. In the case of a ship arriving at a home port to pay off, recommission, and return to her own fleet, he is to hold a muster, on the ship recommissioning, to see that his responsibilities for her prompt and complete equipment have been fulfilled, that the ship is in all respects ready for service, and that the organisation and stationing of the men are understood and put in train by the officers. The result of the muster is to be reported to the Admiralty on such of the forms S. 426 to 426e as deal with the organisation of a newly commissioned ship.

6. A similar procedure is to be followed in the case of a ship completed from nucleus or reduced nucleus crew for the purpose of conveying reliefs to ships on foreign stations, or for the purpose of being refitted at naval yards abroad, the muster being held before the vessel sails and the result reported to the Admiralty as directed in clause 5. On returning to England vessels conveying relief crews are to be inspected before the complement is reduced, forms S. 426, S. 426a, and S. 426b being completed as far as possible having regard to the service on which the ship has been engaged and forwarded to the Admiralty.

7. In the case of a ship in commission with full crew which either

  1. Pays off from a fleet at a home port and recommissions with a nucleus crew for another fleet ; or
  2. Pays off from a fleet at a home port, recommissions with a full crew and joins another fleet ;

the inspection by the Commander-in-Chief at the port which is held before the ship pays off may be restricted to the object of deciding whether the vessel is in good condition and fit for her further service.

8. In the case of a ship paying off into dockyard hands, he may inspect such ship or not at his discretion.

9. In the case of a nucleus crew ship recommissioning with a nucleus crew for service in the same fleet, he may inspect such ship at his discretion. See 1142, clause 2 (Marines when embarked).

424. Inspections, General observations.- In conducting this important duty the inspecting officer will always take into consideration the length of time that the ship has been in commission. Should any other considerations weigh with him. in forming his judgment, such as any particular service that the ship may have been employed on or engaged in, he is to refer to it in his report.

2. He is to make all inquiries and examinations that axe necessary to enable him to fill in the details of his report accurately. Any opinion he may give

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as to the ship's proficiency in any particular may be based on previous observation and knowledge of the ship.

3. In all replies to questions in the report which involve an opinion, he is to specify, whenever from want of time or other causes, he relies on the Captain's statements.

4. Notwithstanding the precise character of the instructions which follow, and the completeness of the report required of him, the inspecting officer is fully authorised to examine and inquire into any other subjects which bear upon the order, discipline, and efficiency of the ship, or upon the proper observance by all on board of the regulations and customs of the Service.

5. He is to look into any suggestions offered by the Captain or any of the other officers calculated to improve the ship, so that he may be enabled to give his own opinion upon them in forwarding the report.

6. Books and Accounts.- He is to examine, or cause to be examined, the several books and. accounts referred to in the report of inspection as well as the officers' logs or journals; he is to inspect the remark books which may be produced by Lieutenants, and is to take notice of any which show marked aptitude, zeal, or powers of observation on an officer's part ; he is to satisfy himself, so far as practicable, that all punishments, by whomsoever awarded, are duly recorded ; that the men's certificates and the conduct book are carefully and regularly filled up ; that the good conduct badges are properly awarded; that the cash accounts are regularly examined and rendered; and that the balances of public money are periodically counted as required by Article 588. See 1014 (Register of Hydrographic Documents) ; also 1133 (Ship paid off Abroad).

7. Officers' Instruments.- He, is to take such steps as he may deem necessary to ascertain that the instruments which the Lieutenants, Sub-Lieutenants, and subordinate officers are required to possess are good in quality and in efficient order.

8. Smoking.- He is to inquire into the arrangements made as to smoking and as to the precautions observed in regard to the use of. matches.

9. Messes and Wine Bills.- He will take all necessary steps to ascertain whether the whole of the officers' messes are properly and economically conducted or otherwise, that no excessive wine bills are permitted, and that all outstanding debts and liabilities, mess as well as wine, are brought to his notice.

He is to take care that all the statements he may call for to enable him to complete his report are signed by the responsible officers, especially all the mess statements, and he will preserve them for future reference in case the Admiralty should consider his report to require further explanation.

10. Complaints.- He is to take care to inquire into any complaints that may have been made as to the quality of the provisions supplied, in case the subject should not already have been investigated. He will also ascertain that there have been no undue delays in the payments to the ship's company.

11. Signalling.- He is to inquire into the efficiency of the Signalmen, especially as to their proficiency in night signalling, and will ascertain that the instructions in Article 466, sub-clause (d), are carefully complied with; and he is to examine the signal loges of all ships inspected by him.

12. Preparation for Battle.- In the report of preparation for battle, he is to note whenever from any cause the required exercise was not gone through ; the primary object of an inspection being to give the Admiralty the benefit of the inspecting officer's own judgment in each particular, so that they may be informed as to how far the ship would be in a condition to engage an enemy with advantage, if brought into action.

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13. Closing Water-tight Doors.- He is to make strict inquiry as to the observance of the Regulations laid down in Articles 542, 545, and 957 in respect to closing water-tight doors, and is to satisfy himself of the efficiency of the system adopted for carrying them out.

14. Guns in Cabins.- All guns mounted in or masked by cabins should be cleared away. and prepared in every respect for action except in the special cases provided for below. Inspecting officers are to satisfy themselves that this has been carried out once in every three months subject to the following exception. In special cases, where the periodical removal of semi-permanent fittings would cause much damage and expense, this order may be dispensed with at the discretion of the Captain, but in such cases inspecting officer is to satisfy himself that arrangements are made for clearing away everything rapidly, when necessary, and for having all the small gear, &c., in readiness for immediate use. No other exceptions are to be made unless by the special orders of the Commander-in-Chief, which are to be reported by him to the Admiralty.

15. Preservation of Hull, &c.- He is to look particularly into the means taken to preserve the hull, decks, fittings, machinery and boilers, guns and mountings, as well as the masts, rigging, and stores, and he should not fail to notice in his report any neglect he may discover on the part of the Captain and Officers in the important duty of preserving the ship in the highest possible state of efficiency. See 1931 (Re-testing Chain Cables).

16. He is to satisfy himself that the arrangements made for the treatment of the sick and wounded in action are satisfactory, and that instruction is given and efficiency maintained in ambulance work.

17. Confidential Documents.- He is to call for the confidential books and papers which are on the Captain's charge, and he is to satisfy himself, not only that they are complete and are kept in a proper place of security, but in the case of the private signals that the officer entrusted with them understands their use.

18. Physical Exercises.- When practicable a division is to be put through physical exercises by its own officer ; and the general activity, physique and carriage of the men composing it are to be noted in the report, together with the name of the officer in charge.

425. Gunnery and Torpedo Training.- He is to maintain the gunnery and torpedo efficiency of the ships placed under his orders at the highest standard.

2. The primary object to be kept in view in the training of officers and men is to be good shooting and efficiency in gunnery and torpedo. In judging the general state of efficiency of a ship these considerations should therefore take priority.

3. In the event of any ship displaying a marked degree of excellence, a special report is to be forwarded bringing to their Lordships' notice the names of the Executive Officer, Gunnery Lieutenant, Torpedo Lieutenant, or any other officer to whose efforts the good results may be considered to be due.

4. In the event of any ship obtaining very markedly poor results at either the battle practice or the Gunlayers' test, a full inquiry is to be held into the circumstances, especially as regards the method of training employed in the ship, and the conditions under which the practices were carried out. The report, with the minutes of evidence and an expression of the opinion of the Commander-in-Chief on the conclusions arrived at, should be forwarded to their Lordships.

426. Inspection of Hospitals.- Except as provided for in clause 2 of this Article, he is to make a quarterly inspection of the naval hospitals and of any

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permanent sick quarters within his command, reporting to the Admiralty, on form S. 601, the state in which he may find them, and whether every proper attention is paid to the care and comfort of the patients. When unable to perform this duty himself, he will direct one of the Flag or other Senior Officers under his orders to do so, whenever he may see fit. When temporary sick quarters are hired or established, he will take care that they are frequently visited and inspected, in such cases not necessarily by one of the Senior Officers. See 1246 (Temporary Sick Quarters).

2. In the case of the Royal Naval hospitals at Chatham, Haslar, and Plymouth, it will be sufficient if his inspection is made once a year. .

427. Gaols.- He is to obtain information as to the state of the gaols on his station as directed in Articles 770, clause 2, and 771, clause 2.

428. Discharge of Time-expired Men.- If abroad, he is to order the discharge of all men entitled thereto under 5 & 6 Will. IV. cap. 24, and 16 & 17 Vict. cap. 69, when they ask for it, unless he shall see fit to detain them under the provisions of those statutes on account of any special emergency, the reasons for such detentions being reported to the Admiralty on form S. 221. See 369, clause 5 (Return of Men who will complete Time) ; 602, clause 3 (Discharge by Purchase) ; and 758, clause 6 (Dismissed with Disgrace or from H.M. Service).

429. Time of Discharges or Transfers.- So far as practicable, he will arrange that the days and hours at which discharges or transfers are to take place are fixed in sufficient time to admit of the accounts being properly closed by the Accountant Officers, and that they are not afterwards altered. See 1586 (Discharges before and after Noon) ; 1611 (Quarterly Settlement).

430. Filling Vacancies.- The Commander-in-Chief or Senior Officer present is to fill up vacancies for commissioned officers as directed by Article 231, but not by an officer on half pay without express permission from the Admiralty. See 236 (Vacancies during War).

Vacancies in the complement are to be filled up as directed in Article 373.

431. Divine Service.- Commanders-in-Chief and officers in command are to take care that effect is given, by those under their orders, to the provisions of Articles 707 to 715 (Divine Service, &c.).

432. Examinations.- The Commander-in-Chief or Senior Officer present is to give the necessary orders for all examinations as directed by Article 348, clause 2, and is to arrange, when required, for the return of officers to England to complete their examinations as provided for by the Regulations in Chapters VI. and VII.

433. Suggestions as to Supplies.- He is to offer any suggestions that may from time to time occur to him for improving the mode of receiving supplies of provisions and stores from home, or of obtaining local supplies, and he will inform Captains on detached service where they can most readily and economically replenish their provisions, coal, and stores, in case of need.

434. Stores and Store Officers.- He is to correspond with the Admiralty on all matters connected with supplies of stores to his ships, and to report all important or exceptional orders he may give; he is to report any neglect or unfitness for duty he may observe in the local officers of the Store Department; and he is to point out any improvements which his experience may enable him to suggest in reference to supplying ships. See 460 (Civil Establishments).

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435. Replenishing Stores.- In making arrangements for the disposition of the ships under his orders he will take measures to obviate, so far as practicable, the necessity of their replenishing their stores, coal, and provisions, by local purchases in the open market; instead of from the naval establishments; when from necessity he authorises local purchases, he will be careful to attend to the Regulations under that head, and he will adopt every proper measure to ensure their due observance in the ships under his orders.

2. He is to cause all coal, stores, provisions, and public money that can be spared from ships returning home, to be returned or transferred to other ships ; but even in time of peace, the cartridges and projectiles, including small arm, machine, and quick-firing gun ammunition, are never to be reduced below two-thirds of the proportion of each description allowed to the ship.

436. Regulation of Demands.- Commanders-in-Chief when called upon to regulate the demand for coal, stores, and provisions for their stations, are always to bear in mind that it is generally far more advantageous to keep up adequate supplies which will enable ships to replenish from the naval establishments than to rely on local purchases, excepting when the required articles are the produce of the country or procurable there at cheaper rates than from home.

437. Standing Contracts.- Whenever the Commander-in-Chief on a foreign station shall deem it for the good of the Service that standing local contracts. should be entered into for the supply of provisions or other articles of store, for the use of ships or of naval establishments, he is to cause tenders to be invited as laid down in Article 1770.

438. Accidents.- All accidents affecting the readiness for sea of any of the ships or vessels under his orders, or which involve, or are considered likely to involve, any disciplinary action by the Admiralty in regard to an officer or warrant officer, are to be reported to the Admiralty with an expression of his opinion where necessary, whether an inquiry under Article 568, clause 2, is held or not.

439. Defects.- When dealing with ships' defects on foreign stations, he will take care that they are made good with all economy that may be consistent with due expedition and efficiency; and he will be guided, so far as they maybe applicable, by the directions given in Articles 1092 and 1093 as to whether defects are to be made good by the ship's own artificers ; by artificers of other ships ; by a dockyard; or by hired men ; but, except in special cases, he is not to sanction the employment of other men than those of the ship, or those of other ships present. See 1095 (Defects in Ship fitted at another Port).

440. " Large Repairs."- He is to cause a report to be forwarded, t6 reach the Admiralty not later than the end of September in each year, containing the names of any ships and vessels under his command that will probably need to be taken in hand for " large repairs," at a home dockyard, during the ensuing financial year.

2. The report is to be accompanied by brief statements describing the nature and extent of the important items of work expected to be required in each of the ships concerned, and particulars of any auxiliary machinery that may need replacement are also to be given.

3. In the event of it being desirable to drill test the boilers of any vessel, to enable a more accurate forecast of the requirements to be furnished, he is to cause the test to be made so that the facts may be known before the report above referred to is transmitted.

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4. The term " large repairs " is to be understood as covering a thorough overhaul by dockyard, and items of work which can be done during the period of an annual refit in commission should not be regarded as bringing a ship within the scope of this instruction.

441. Docking of Ships.- Subject to the general instructions contained in Article 1102, Commanders-in-Chief are to make arrangements for the periodical docking of His Majesty's ships to ensure the preservation of the hulls and prevent undue loss of speed.

442. Ship ordered Home.- When a ship is ordered to return to England, ,or to proceed to another station, he is to call on the Naval Store Officer for the particulars of any special articles, such as instruments of a delicate character like range finders, &c., which may be waiting conveyance; and if they can be conveyed conveniently and without impairing the fighting efficiency of the ship, he is to arrange for such articles to be taken on board the departing ship for conveyance. He is also to send home in such ships all invalids and others entitled to passages.

443. Change of Armament.- On all occasions of a change of armament in any ship, at home or abroad, the trials of the new gunnery or torpedo fittings are to be carried out by officers deputed by the Commander-in-Chief, acting in conjunction with the dockyard officials.

2. The provisions of Articles 903 and 904 are to be carried out.

444. Courts-Martial.- The Commander-in-Chief is to examine carefully the proceedings of all courts-martial held on board ships under his command with a view to enable him to comply with the provisions of Articles 700, clause 3, and 701x, clauses viii. and ix.

445. Deserters.- Commanders-in-Chief on foreign stations are to make, such special local regulations in regard to the apprehension of deserters and payment of rewards, as the circumstances may require, subject to the instructions contained in Articles 804 to 808, clause 4 (Desertion, &c.).

446. Admiralty Moorings.- Whenever there are any Admiralty moorings laid down within the limits of his station at such a distance as to render it impracticable for the dockyard officer responsible for then to examine them frequently and regularly, he will make arrangements for their being periodically examined by one of the ships under his command. The result is in every case to be communicated to the officer in charge of the moorings, who will make thereon such representations as he may deem necessary.

447. Communications with Governors, Ministers, &c.- On arriving within the limits of his command, the Commander-in-Chief or Senior Officer is to lose no time in placing himself in communication with the Governors or Commanding Officers of His Majesty's settlements or fortresses within the limits of his station, as also with His Majesty's ministers or consuls residing at places- within or bordering on the same. See 97 and 99 (Visits to Governors or Ministers).

448. Duties to Governors, &c.- It being a general obligation on all His Majesty's civil and military officers to afford mutual assistance to each other in cases affecting the King's Service, the commander-in-Chief of a station or the Senior Officer present at a port is to pay due regard to such requisitions as he may receive from any of His Majesty's ministers, governors, or consular officers which have for their object the protection of his Possessions, the benefit

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of the trade of his subjects, or the general good of his Service. In urgent cases when the requisitions may conflict with the instructions /from his superior naval authority under which he is acting, and when reference by telegraph or otherwise to such superior authority is impracticable, he is to consider the relative importance and urgency of the required service as compared with his instructions, whether general or special; and he is to decide as in his judgment may seem best for His Majesty's Service ; in so doing he is always to bear in mind the grave responsibility that would rest on him , if the circumstances were not such as to fully warrant the postponement of the instructions from his naval superior to the more pressing requisition from His Majesty's civil servant. See 479 (Aids to Civil Power); 486 (Landing Armed Men); 496 (Foreign Enlistment Act), &c.

449. Admiral's Contingent Account.- The account of the Commander-in-Chief's postage and other contingent expenses is to be made up to the last day of each quarter-and for the broken period to the date of his striking his flag-and the amount thereof will be repaid to him, under his own order, by the Accountant Officer of the flag-ship. The account itself (form S. 589) is to be delivered to the Accountant Officer, who will transmit it as a voucher to leis cash account.

450. Officers and Men retained on paying off.- The Commander-in-Chief will regulate in accordance with Article 1397 the officers and men who are to be retained after paying off, to close accounts, complete surveys, or replace machinery, as the case may be.

451. Correspondence.- Commanders-in-Chief and Senior Officers in command are to be guided in regard to correspondence by Articles 1865 to 1874.

452. Returns and Reports called for by the table of returns, Appendix XVIII., are to be transmitted to the Secretary of the Admiralty.

453. Money for Fleet.- Whenever the circumstances render it necessary, the Commander-in-Chief or Senior Officer in command may direct that money shall be taken up when required for the supply of the fleet, in accordance with the provisions of Article 1638.

454. Unexecuted Orders on giving up Command.- A Commander-in-Chief, or officer in command of a fleet, squadron, or station, on resigning his command, will deliver to his successor the originals or authenticated copies of all unexecuted orders, general regulations, books of reference and other documents he may have received for his information or guidance, and he will furnish him with all other information likely to be of service. He will also forward to the Admiralty a list of the unexecuted orders of an important character.

455. Attendance at Admiralty.- A Commander-in-Chief or officer in chief command on striking his flag on the expiration of his appointment is to attend at the Admiralty to give such information respecting his command as he may think likely to prove beneficial to the public service.

456. Staff and Servants on decease.- If a Commander-in-Chief should die at home, the Flag Lieutenant, the Secretary and his Clerks, and the Coxswain are to continue their services until the arrival of his successor ; should he die abroad, they are to continue their services, should they be required, with the officer upon whom the command devolves, until the successor arrives. Should their services not be required, they are to be sent home, as well as any servants who do not wish to remain in vacancies open to them.

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Civil Establishments.

457. Authority over Civil Establishments.- The Commander-in-Chief or Senior Officer is to have authority and control over all the dock and victualling yards, the naval hospitals, naval ordnance store department, and other naval establishments within the limits of his command, in regard to the general transactions of the Service; but he is not to interfere with the management of any of those establishments at home, nor abroad where there are superintendents, unless in his opinion a particular and sufficient cause shall render it necessary, in which case he is to report to the Admiralty the nature of the order given, and his reasons for interfering. If a superintendent or an officer in charge should consider that any public inconvenience is likely to arise from compliance with an order received from the Commander-in-Chief, such superintendent or officer in charge is to represent the same to him, stating the objections, after which, if the Commander-in-Chief should still direct his order to be complied with, it is to be obeyed without further delay or discussion, the officer so repeating the order becoming wholly responsible to the Admiralty for the necessity of the measure ; but the superintendent or the officer in charge on receiving the order, if he deem proper, may send to the Admiralty any observations upon it he may be desirous of submitting for consideration.

458. Vacancies in Establishments Abroad.- If a vacancy should occur among the officers of a civil establishment abroad the Commander-in-Chief or Senior Officer is not to fill such vacancy by appointing an officer from the fleet with an acting order. If, however, in consequence of the vacancy, the temporary services .of an officer are urgently needed, the Commander-in-Chief or Senior Officer may lend to the establishment a qualified officer from one of the ships under his orders, if his services can be spared, reporting his reasons for so doing to the Admiralty, by whom any question of remuneration beyond the officer's naval pay and allowances will be dealt with.

459. Establishments Abroad without Superintendents.- In regard to civil establishments, out of the United Kingdom in charge of which there are no superintendents, the Commander-in-Chief is to be further guided by the directions contained in Articles 460 to 464 ; and all officers and persons belonging to such civil establishments are to obey his orders in all matters relating to the public service.

460. Supervision of Officers.- He is to do his utmost to ensure that all the officers of these establishments perform their duties satisfactorily, and that they comply with their special instructions; he is not to give any orders contrary to, or differing from, the established practice of the navy, nor from the instructions issued for the guidance of officers of the civil establishments, except for good cause, which is to be duly reported.

2. Economy.- He is to be careful that all work undertaken is performed with proper economy, and that no supplies are purchased from, nor repairs executed by, private persons for His Majesty's Service, except through the proper officers, unless otherwise specially directed.

3. New Works, Repairs, &c.- Subject to such powers as are conferred upon him in connection with reserves under sub-head K. of Vote 10, and with petty services up to �10., each under sub-head L. of the navy estimates, he is not to order any new works or alterations to be undertaken without express directions ; nor any repairs except such as may be absolutely necessary for the preservation of the buildings ; but he is to submit, as proposals for estimates, any new works, alterations, or improvements he may consider necessary, placing them

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in the order of relative importance, and certifying that they can be undertaken within the year if approved.

4. Replacing Officers.-Under Article 458, he may lend an officer from the fleet in the place of any officer of these establishments who may die or be obliged to quit his station on account of ill-health, but he is only to permit an officer so to quit his station on the report of three of the senior medical officers present, including the officer in charge of the naval hospital, if any. Leave is not to be granted to officers of the civil establishment to return to England without the sanction of the Admiralty.

5. Suspending Officers.- He may suspend any officer in these establishments for misconduct, lending, if necessary, an officer in his place under Article 458 ; but he is to report at once most fully his reasons for so acting. In the case of the suspended officer being in charge of money or stores, he will cause surveys at once to be held to transfer the remains to the officer lent to do the duty, and will direct him to open new accounts, in order that those of the suspended officer may be properly investigated.

6. Creating New Office.- He is not to create any new place or office, nor to make any alterations in the arrangements or emoluments of the persons he shall find established or employed ; nor is he to add to the numbers employed on day pay, beyond those sanctioned, except in case of urgency which is to be reported to the Admiralty. When working parties are sent from ships, he is to be careful that the men are only employed as laid down in Article 510.

461. Cash, Supplies of.- He is to approve all requisitions for money upon the Treasury Chest for naval services, if satisfied of their necessity ; but before so doing he will take care that they contain statements

  1. Of the balance of the public money in the hands of the cash accountant officer ;
  2. Of the services for which the further supply is required ; and
  3. That the amount except in special cases, to be explained by letter, does not exceed the probable requirements for a month when there is no specified amount authorised.

2. If there be no Treasury Chest, and he is satisfied of their necessity, he is to approve bills drawn by the cash- accountant officer on the Accountant-General, taking care that the most favourable terms for the public are secured. Whenever he may deem it necessary, he will cause the sums required to be advertised for.

3 Upon every occasion of his approval being given to bills, he will receive from the cash accountant officer, and forward to the Admiralty, a letter of advice containing the above particulars, and, when bills are drawn, the rate at which they were negotiated.

462. Cash Accounts.- On the expiration of every calendar month, the Commander-in-Chief will receive from each cash accountant officer of the several civil establishments within his command, in charge of which there is no superintendent, an account (form D. 607) of his receipts and disbursements of public money in the precise form of the first part of the cash book, showing each item of receipt and expenditure under the date and in the exact order of its occurrence, accompanied by the requisite vouchers.

2. He is to cause the cash account to be compared with the vouchers and the, balance in the hands of the cash accountant officer, by such person or persons as he may depute, and upon their certificate he will approve and transmit it, with the vouchers, to the Accountant-General.

3. He will at other times inspect, or cause to be inspected, the remains of public money in the chest, and compare the same, or cause it to be compared, with the balance shown in the daily, cash book.

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4. He will receive at the end of each quarter an abstract of the three "monthly " accounts from the cash accountant officer, who will produce to him or to some other person or persons deputed by him; his cash book containing copies of the monthly accounts; and he will approve and forward the abstract to the Accountant-General upon being satisfied of its correctness.

5. On the discovery of any difference between the balance shown and the money found in the public chest, he is to call on the cash accountant officer for an explanation, which he is to send to the Admiralty with any remarks he may have to make on it.

6. Should there be no Commander-in-Chief or Senior Officer present, the punctual transmission of the account is not to ,.be delayed, but the cash accountant officer is directed to transmit the account, and to certify thereon the absence of a Senior Officer, and he is to report the circumstance to the Senior Officer who shall first arrive at the port, submitting to him the copy retained in his office of the account so transmitted.

463. Local Audit and Stocktaking- He will take care to observe the regulations that may from time to time be issued to the civil establishments in charge of which there are no Superintendents, in reference both to the local audit of the naval store ledgers and to stock-taking, whether continuous or special, and also in reference to the payments of extra pay with respect to those duties, and, when necessary, he will give directions to the Senior Officers of Divisions within which any such establishments are situate, to ensure their attention to these important duties.

464. In the absence of the Commander-in-Chief, all the control and authority vested in him over the civil establishments of the navy under Articles 457 et seq. are to be exercised fully and effectually by the Senior Officer of His Majesty's ships present, provided such officer is not below the rank of Commander.

485. Definition of "Superintendent."- For the purposes of the regulations contained respectively in Articles 457 et seq. the Rear-Admiral at Queenstown, the Commodore at Hong Kong, and the Captains or Commanders in Charge at Bermuda and Sydney, and the Marine Officer in Charge at Ascension, are to be considered as Superintendents.

SECTION II. DUTIES OF THE SENIOR OFFICER PRESENT.

General.

466. As to Ships.- The Senior Officer present is in all matters relating to ships, which may be at the time under his orders, to be guided by the instructions to Commanders-in-Chief as well as by the following:

  1. Evolutions.- He is frequently to exercise the ships in the general evolutions of a fleet, as well as in gunnery, torpedo practices and other exercises.
  2. Keeping Station.- When at sea, he is to insist on ships in company keeping their stations by day and night.
  3. Exercise.- He is to use his judgment in regulating the amount of general exercise, which should depend on the state of the ships. He will impress on the Captains that divisional exercises, patient instruction, and judicious Organisation are the foundation of an efficient and seamanlike performance of every evolution, and that men already perfect should not be exercised more than may be requisite to keep up their knowledge and activity.
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  5. Signalling.- He will take care that the general orders and instructions as to signal exercises in His Majesty's ships (forms S. 1308 and S. 1309) are carried out. See 185 (Senior Officer away from his own Ship).

467. Royal Yachts.- He will take care that no orders are issued or authority exercised in respect to His Majesty's yachts while His Majesty's standard or the standard of His Royal Highness the Prince of Wales is flying, or while His Majesty's yachts are acting under special instructions from His Majesty or from the Admiralty in accordance with His Majesty's commands. See 141

(Morning and Evening Gun).

468. Speed of Ships.- On every occasion of ordering a ship to sea, he is to indicate to the Captain generally or specifically at what speed the service is to be performed according to the circumstances of the case.

469. Conveyance of Troops.- When His Majesty's ships are required to convey troops, the Senior Officer present will take the necessary steps in accordance with Article 1214.

470. Hiring Vessels or Wharves.- He is only to sanction the hire of vessels, boats, wharves, or warehouses when absolutely necessary; and he will be careful to set out the manner and period of their use in the order for so doing. He is not to authorise the purchase or hire of any vessel to be armed and fitted as a ship-of-war or tender, except under the most urgent circumstances. When,. however, it becomes necessary to do so, he will take every precaution to ensure her being thoroughly surveyed by the best officers at his command, and that the price to be paid for her, or the rate at which she is to be hired, is fair and reasonable in the circumstances. The responsibility of the whole transaction and the duration of any such hiring will rest solely with him as the officer, ordering and approving of the purchase or hiring. See 471 (Purchasing Prizes)..

471. Purchasing Prizes.- He is never to order a prize to be purchased into the Service unless on some pressing exigency ; if purchased, he is to be careful that no person interested in the capture is employed in the survey or appraisement. See 470 (Purchase of Vessel to be armed).

472. Communication with Colonial Authorities.- In a British colony or possession, the Colonial Secretary should in no case be the channel of communication with the naval officer. Should the Senior Naval Officer be of, or above, the rank of Commander; the Governor will communicate with him; otherwise the Private Secretary in the name of the Governor. This rule, however, is not applicable to India.

473. Consular Court.- Consuls are not authorised to call upon naval officers to assist them in enforcing the civil process of a consular court.

474. Distressed British Subjects.- No person shall be received on board any of His Majesty's ships as a distressed British subject, at a port where there is a British consular officer, without his written requisition.

2. If there should be no consular officer present, the Senior Naval Officer on the spot is to exercise his discretion in regard to the claim of any applicant for a passage at the public expense. The relief is only to be granted in case of destitution, and, in his order to the ship, he will state fully the circumstances under which he has ordered the passage.

3. The requisition and order, or a full report of the circumstances, are to accompany the ledger for the period.

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4. Lunatics.- Lunatics not belonging to the naval or military service are not to be received on board His Majesty's ships-of-war, or hired transports, except with the special sanction of the Admiralty.

475. Prisoners from Merchant Ships.- No British merchant seaman is to be received in one of His Majesty's ships abroad as prisoner, unless the witnesses necessary to substantiate the charges, or the depositions taken upon the charge under which the prisoner is in custody, accompany him, or unless the Senior Naval Officer is satisfied that the witnesses will be in attendance on the arrival of the prisoner at the place where he will be handed over to the civil power.

476. Fugitive Slaves.- The regulations in respect to fugitive slaves will be found in the book of instructions for the guidance of Captains and Commanding Officers of His Majesty's ships-of-war employed in the suppression of the slave trade.

477. Piratical Acts.- If any armed vessel, not having a commission of war or a letter of marque from a foreign de facto Government, should commit piratical acts and outrages against the vessels and goods of His Majesty's subjects or of the subjects of any other foreign power in amity with His Majesty, and if credible information should be received thereof, such armed vessel is to be seized and detained by any of His Majesty's ships falling in with her, and sent to the nearest British port where there is a court of competent jurisdiction for the trial of offences committed on the high seas, together with the necessary witnesses to prove the act or acts, and with her master and crew in safe custody, in order that they may be dealt with according to law. In the case, however, of an attack by a ship in the possession of insurgents against their own domestic Government, upon ships-of-war of that Government, upon merchant ships belonging to their own country, or upon the cities, ports, or people within the territorial limits of their own nation, His Majesty's ships have no right to interfere, except in the case mentioned in Article 487, and in any such case the operation must be restricted to such acts as may be necessary to attain the precise object in view.

478. Recourse to Force.- Recourse to force can, however, never be sanctioned, except in such peculiar and urgent circumstances as may not have admitted of the delay which reference to superior authority would have entailed ; the justification of a naval officer so acting, would, of necessity, depend upon all the attendant circumstances, which would vary with each case.

Aid to Civil Power.

479. Aid to Civil Power.- The following instructions as regards aid to the civil power within the United Kingdom are to be observed by His Majesty's Navy:

  1. The landing of a naval force for the express purpose of aiding the civil power is never to be resorted to except in cases of emergency, when, in the opinion of the magistrates, no other sufficient means are available to quell civil tumults on shore.
  2. The party landed is to be employed only on the requisition of the civil authority, and the officer in command is to act in aid of, and in subordination to, the civil authority.
  3. The officer in command of the party landed should not use force unless called upon 'to do so by the magistrate present, and even then he must exercise his own judgment as to whether force is really necessary, and as to the mode and degree of force to be used. He should not order the men to fire unless the use of firearms is plainly necessary:
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    and generally he should bear in mind that it is his duty to use no more force than is necessary, and to discontinue its use altogether the moment he can safely do so.

  5. The officer in command is alone to give the order to fire, but he shall give no such order until he has consulted with the magistrate who accompanies the force as to the urgent necessity of firing upon the rioters, and has been commanded by him to disperse them by force.
  6. Full and distinct warning must be given to the rioters that the party is about to fire, and that the fire will be effectual. The officer in command, ant the magistrate who accompanies the force, shall consult together as to the best practicable means of giving such warning.
  7. Every possible care should be taken that innocent persons may not suffer from the fire.
  8. The above directions to act under the orders and by the authority of and after consulting the magistrate, are to apply-to all cases except those of special emergency where, in order to secure the safety of the force employed, it becomes indispensably necessary to take immediate action, and where such action cannot safely be deferred until the order or authority of the magistrate has been obtained, or consultation with him has taken place.
  9. It is undesirable that firing should take place over the heads of rioters, or that blank cartridge should be used.

2. It will generally be advisable that the party should be divided into four sections, two sections to have their arms always loaded, and every precaution should be taken, according to circumstances, to guard the party from being surprised or overpowered by the rioters.

3. Officers are to understand that while a close. adherence to the sub-clauses (a) to (g) is imperative, it is not intended to be so with regard to sub-clause (h), liberty being left to them to use their own discretion or to give discretionary orders to the officers under them in regard to making such modifications as may be deemed expedient.

Relations with Foreigners.

480. Foreign Ships at British Ports.- When a foreign friendly ship-of-war visits a port in His Majesty's dominions, at home or abroad, care is to be taken that the regulations laid down in Articles 18, 79, 96, and 621 are complied with according to circumstances. See 1109 (Docking Foreign Ships of War).

481. Conduct in Foreign Ports.- When visits are paid to foreign ports or places, particular care is to be taken to avoid giving any just cause of offence or dissatisfaction to the authorities or inhabitants ; due deference is to be shown by officers and men to the established rights and local regulations, and to the ceremonies and customs peculiar to the place ; and all are to do their best by their correct conduct to ensure the goodwill and respect of the inhabitants. See 78 (Salutes to National Flag) ; 79 (Salutes to Foreign Flag Officers) ; 96 (Visits of Ceremony).

482. Dealings with Foreigners.- In all dealings with foreigners, naval officers are to show an example of moderation and courtesy. They are to preserve a strict neutrality in all cases of civil dissensions, and are not to interfere directly or indirectly in any political questions which may be in agitation ; and in the absence of any diplomatic or consular officer, the Senior Officer should urge upon British subjects the like forbearance. See 493 (Territorial Waters).

141


483. Foreign Ships of War.- Communications from Governors to Captains of foreign men-of-war are not to be made through officers of His Majesty's naval service, except in cases when, having been made through the ordinary channels, they have failed to produce any effect.

484. Remonstrance with Civil Authorities.- Any remonstrance with foreign civil authorities which may be necessary can only be the duty of a naval officer in the absence of the British resident or consul, and in such cases it must only be made by the senior naval officer present.

485. Communications with Local Authorities.- As a general rule, all communications with the local authorities or with the foreign consuls at a foreign port should be made through His Majesty's diplomatic or consular authorities at the place.

486. Landing armed Men.- No armed force is to be larded from His Majesty's ships for exercise or any other purpose, on foreign soil, without the permission of the local authorities, nor should leave be given to large bodies of men, nor any measure taken for apprehending leave-breakers without such permission.

487. Protection of British subjects.- As a general rule, protection to British subjects in foreign lands is to be limited to affording them an asylum on board ship, and to securing them by boats an escape from the shore, when their departure may be a measure of necessary precaution. Interposition by the landing of an armed force is only to be had recourse to when the lives or property of British subjects are actually in danger from violence which cannot otherwise be controlled.

488. Refugees.- Ships in the ports of a foreign country are not to receive on board persons, although they may be British subjects, seeking refuge for the purpose of evading the laws of the foreign country to which they may have become amenable.

2. During political disturbances or popular tumults, refuge may be afforded to persons flying from imminent personal danger. In such cases care must be taken that the refugees do not carry on correspondence with their partisans from His Majesty's ships, and the earliest opportunity must be taken to transfer them to some place of safety.

3. Except in extreme cases, passages should not be given to the subjects of foreign Governments.

4. Whenever circumstances may permit, naval officers should communicate with His Majesty's diplomatic or consular officers on the spot, before taking steps for the reception of refugees on board their ships.

489. Joint Action with Foreign Ships.- The foregoing limitations apply equally to cases of joint action with foreign ships-of-war, when the interests of their fellow-subjects are involved with those of British subjects. In such cases naval officers may act in concert with the foreign naval officers so far as amicable representation is concerned, but such concert is not to be carried beyond the limits prescribed to them in cases where British interests alone are concerned

2. Protection to Foreigners.- Applications for the protection of subjects of foreign Powers in amity with His Majesty may be entertained, in case none of their ships-of-war are present ; the application should, however, be made through His Majesty's minister or consul, and should only be acceded to ,where the protection does not interfere with any important public service nor with the orders under which the naval officer is, acting.

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490. British Ships in Foreign Ports.- The foregoing rules are also applicable to the protection to be afforded to British ships in foreign ports ; they are only to be protected by force against actual and wrongful violence and when remonstrance has failed.

491. Neutrality.- When Powers in amity with His Majesty are in a state of war, or are engaged in hostilities, it is the duty of all His Majesty's officers to observe a strict and impartial neutrality between the contending parties, and to respect unreservedly the just exercise of their respective belligerent rights.

492. Entry into Neutral Ports.- Subject to any limit which the neutral authorities may place upon the number of belligerent cruisers to be admitted into any one of their ports, at the same time, the Senior Officer, by the comity of nations, may enter a neutral port with his ships for the purpose of taking shelter from the enemy or from the weather, or of obtaining provisions or repairs that may be pressingly necessary.

2. He is bound to submit to any regulations which the local authorities may make respecting the place of anchorage, the limitation of the length of stay in the port, the interval to elapse after a hostile cruiser has left the port before his ships may leave in pursuit, &c.

3. He must abstain from any acts of hostility towards the subjects, cruisers, vessels, or other property of the enemy which he may find in the neutral port.

4. He must also abstain from increasing the number of his guns, from procuring military stores, and from augmenting his crew even by the enrolment of British subjects.

493. Respect of Territorial Limits.- The territorial limits of foreign powers in amity with His Majesty are to be scrupulously respected. No exercise of authority over the persons, the ships, or the goods of another nation is permissible in territorial waters, nor are any gun firing or torpedo explosions to take place within such limits without the permission of the authorities for each place and occasion.

494. Coercion of a British Ship.- If any British merchant ship, the nationality of which is unquestioned, should be coerced into the conveyance of troops or into taking part in other hostile acts, the Senior Naval Officer, should there be no diplomatic or consular authority at the place, is to remonstrate with the local authorities and take such other steps to assure her release or exemption, as the case may demand, and as may be in accordance with these Regulations.

495. British Seamen ill-treated.- If it should come to the knowledge of the Senior Naval Officer that any British seamen serving in foreign merchant ships are being ill-treated, he well at once apprise the consul ; should there be no consular officer on the spot, he will inform the local authorities of the circumstances.

INSTRUCTIONS AS TO THE COURSE TO BE PURSUED By NAVAL OFFICERS IN CARRYING INTO EFFECT THE PROVISIONS OF THE FOREIGN ENLISTMENT ACT, 1870.

498. Foreign Enlistment Act, 1870.- The responsibility for the due execution of the Foreign Enlistment Act of 1870 (which will be found in the Admiralty Statutes) does not rest with the civil authorities only; direct responsibilities will devolve upon naval officers, under the Act and under these Instructions.

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2. It will be the duty of the Commander-in-Chief or senior officer present to make known and to satisfy himself that every commissioned officer under his command makes himself acquainted with the provisions of the Act ; he is to be vigilant against any breach thereof, and to assist the civil authorities with the naval force under his command.

3. In addition to this, in virtue of Section 21 of the Act, and these Instructions, he is created a local authority within that section ; and as such, he will have special duties imposed on him under various sections.

The most important of these duties will relate to the seizing and detaining of ships in respect of offences committed against Section 7 and Section 8, but he will also assist in enforcing Sections 4, 5, 6, 10, and 11.

4. An offence against Section 4 is committed if, without the licence of His Majesty

any British subject anywhere accepts

or

agrees to accept any person of any nationality in British territory, or in British territorial waters, induces any other person of any nationality to accept or agree to accept

any commission or engagement in the military or naval service of any foreign State at war with any friendly State.

5. An offence against Section 5 is committed if, without the licence of His Majesty:-

any British subject does

or

any person of any nationality in British territory, or in British territorial waters, induces any other person of any nationality to

quit, or go on board any ship with a view of quitting His Majesty's dominions with intent to accept any such commission or engagement as above.

6. An offence against Section 6 is committed if

any person of any nationality anywhere induces any other person of any nationality to quit His Majesty's dominions, or to embark on any ship in British territory, or in British territorial waters, under a misrepresentation

or false representation of the service in which such last-named person is to be engaged

with the intent or in order that such last-named person may accept or agree to accept any such commission or engagement as above.

7. An offence against Section 7 is committed if-

the master or owner of any ship of whatever nationality, without the licence of His Majesty, knowingly takes, or engages to take, or has on board such ship in British territory or in British territorial waters, any illegally enlisted person

Illegally enlisted persons are-

any British subject anywhere who has anywhere, without the licence of His Majesty, accepted or agreed to accept

or

any British subject who, without the licence of His Majesty, is about to quit His Majesty's dominions with intent to accept

any commission or engagement in the military or naval service of any foreign State at war with a friendly State.

or

any person of any nationality who has been induced to embark in any ship in British territory, or in British territorial waters, under a misrepresentation, or false representation of the service in which such person is to be engaged, with

the intent or in order that such person may accept or agree to accept

any commission or engagement in the military or naval service of any foreign State at war with a friendly State.

144

8. An offence against Section 8 is committed if any person of any nationality on British territory, or in British territorial waters, without the licence of His Majesty

builds or agrees to build

or

causes to be built

or

equips

or

issues or delivers any commission for

or

despatches, or causes, or allows to be despatched

any ship with intent or knowledge, or having reasonable cause to believe that the same shall or will be employed in the military or naval service of any foreign State at war with any friendly State.

9. An offence against Section 10 is committed if any person of any nationality on British territory, or in British territorial waters, and without the licence of His Majesty, by adding to the number of the guns, or by changing those on board for other guns or by the addition of any equipment for war increases or augments, or procures to be increased or augmented, or is knowingly concerned in increasing or augmenting, the warlike force of any ship which at the time of her being in British territory or in British territorial waters, was a ship in the military or naval service of any foreign State at war with any friendly State.

10. An offence against Section 11 is committed if any person of any nationality in British territory, or in British territorial waters, and without the licence of His Majesty, prepares or fits out any naval or military expedition to proceed against the dominions of any friendly State.

11. Information as to the meaning in the above Sections and these Instructions of the terms " Territorial waters," " Licence of His Majesty," " Foreign State," " Friendly State," " Military service," " Naval service," " Ship," " Master of ship," " Building " and " Equipping " respectively, will be found hereinafter in clause 33 of these Instructions.

12. The following acts are not breaches of the Foreign Enlistment Act, 1870

(a) Building or equipping a merchantman, in order that, as such, she may carry a cargo contraband of war; provided that such ship is not to be employed in the military or naval service of any foreign State at war with any friendly State.
(b) Putting on board a merchantman a cargo contraband of war;
(c) Despatching a merchantman with or in order that, as such, she may carry a cargo contraband of war;
(d) Building, equipping or despatching a merchantman, in order that, as such, she may run a blockade ;
(e) Building, causing to be built, or equipping a ship in any of the cases mentioned in the proviso in Section 8 of the Act ;

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13. Whenever any officer has reason to suspect that any offence against any of the above Sections has been or is about to be committed, he will at once report to his superior authority.

14. The Commander-in-Chief or Senior Officer present will not exercise authority over any ship unless he shall have received a written requisition or warrant to do so from the civil authorities, except in cases of extreme urgency admitting of no delay.

15. Should he have reason to believe that an offence against Section 7 has been committed, he will communicate with the civil authorities, as directed in clauses 19 and 20 of these Instructions, except in case of emergency admitting of no delay; but in such cases of emergency he will proceed himself to seize and detain such ship, without waiting to communicate with the civil authorities, and take, or cause to be taken, on shore all illegally enlisted persons, and will not allow them to return to the ship.

16. With respect to breaches of Section 8, he will in no case exercise authority over any ship without such written requisition as aforesaid, unless it be credibly represented to him that there is reasonable and probable cause for believing,

that a ship in British territory or in British territorial waters, not only has been, or is being built, commissioned or equipped, contrary to Section 8, but is about to be taken beyond the limits of British territory and British territorial waters ;

or

that a ship is about to be despatched contrary to Section 8.

But where it is so credibly represented to him, it will be his duty at once to detain such ship on his own responsibility, under Section 24, and forthwith to communicate the fact of her detention to one of His Majesty's Principal Secretaries of State, or to the chief executive authority, and await their further instructions.

What is meant by a chief executive authority will be ascertained by reference to Section 26 of the Act, and to the interpretation clause, Section 30.

17. Every officer of His Majesty's Navy or Marines may be called on under Section 22, by any of the local authorities mentioned in Section 21, to aid in seizing or detaining any ship liable to be seized or detained in respect of any offence against the Act.

When called upon he will give his aid with the naval force (if any) under his command.

18. Every commissioned officer on full pay in the naval service of the Crown, on receiving a warrant from any of His Majesty's Principal Secretaries of State, or the chief executive authority defined in Sections 26 and 30 of the Act, stating that there is reasonable and probable cause for believing,

that a ship within His Majesty's dominions has been or is being built, commissioned, or equipped, contrary to the Act, and is about to be taken beyond the limits of such dominions,

or

that a ship is about to be despatched contrary to the Act, will have the power, defined under Section 23, and it will also be his duty at once to seize, search, and detain the same.

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19. In the event of the Commander-in-Chief or Senior Officer present having reason to suspect that any offence against the above Sections of the Act has been or is about to be committed by or on board any ship, except where it is his duty at once to seize and detain the ship himself under these Instructions, he will forthwith communicate with the civil authorities and await the arrival of their requisitions, taking up in the meantime a position whence he will be able to observe the movements of the ship, and to comply without delay with any requisitions he may receive to prevent her putting to sea; and for this purpose he will keep his ship under steam when he thinks it expedient.

20. As soon as he has received the requisitions or warrant of the civil authorities, he will take proper measures to give effect to them, using his own discretion as to the mode of disposing of the naval force under his command.

21. Special caution is to be used in dealing with armed ships.

22. Whenever he or any other officer is required to act under these Instructions, a commanding force is, if possible, to be employed, so as to prevent all resistance.

23. The powers of seizure and detention given to officers as above are exercisable in British territorial waters over any private ship, whatever be her nationality.

24. These powers are also exercisable on the high seas, not being territorial waters, over British ships, but over no other ships.

25. They are not exercisable over any ship in foreign territorial waters.

26. They are not exercisable in any waters over any ship-of-war of any foreign State.

27. As soon as the determination has been arrived at, to exercise the powers of seizure or detention given, the Commander-in-Chief or Senior Officer present will announce the fact to the master of the ship, and take proper measures to secure the ship.

28. The officer seizing or detaining any ship will use his own discretion, in the absence of special orders, as to whether he will detain her on the spot, or bring her into the nearest British port, and as to whether he will take possession of her, or allow her to be navigated by her own crew.

29. He will not use force, except in the last resort ; but he is authorised, in the absence of special orders to the contrary, to use force should he meet with resistance from the ship, or if the ship, after having been duly warned, should pertinaciously attempt to escape.

30. Any officer authorised to seize or detain any ship in respect of any offence against the Act may call in such assistance as is mentioned in Section 22 of the Act, for the purpose of enforcing such seizure or detention.

31. Having secured the ship, the officer seizing or detaining her will forthwith apply to the civil authorities for instructions.

32. In addition to the above duties, he will have the power, on receipt of a warrant under Section 18 of the Act, to convey any prisoner to any place or places named in such warrant, and to deliver him, on arrival, into the custody of any authority designated by such warrant.

33. In the Act, and in these Instructions, the following terms are to have the meaning hereinafter respectively assigned them. (See also Section 30 of the Act.)

  1. "Licence of His Majesty" means a licence under the sign manual of His Majesty, or signified in Council or by proclamation of His Majesty. (See Section 15 of the Act.)
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  3. " Territorial Waters" include :-
  4. 1st. Ports, harbours bays, mouths of rivers, and adjacent parts of the sea enclosed by headlands belonging to the same State.
    2nd. The waters to the distance of a marine league from the shore all along the coast of the same State.

  5. "Foreign State" includes any Foreign Prince, colony, province, or part of any province, or people, or any person or persons exercising, or assuming to exercise, the powers of government in or over any foreign country, colony, province, or part of any province or people.
  6. A "Friendly State " means any foreign State at peace with His Majesty.
  7. "Military Service" includes military telegraphy, and any other employment whatever in or in connection with any military operation.
  8. "Naval Service," as respects a person, includes service as a marine, employment as a pilot in piloting or directing the course of a ship-of-war or other ship, when such ship-of-war or other ship is being used in any military or naval operation and any employment whatever on board a ship-of-war, transport, storeship, privateer, or ship under letters of marque, and as respects a ship, includes any user of a ship as a transport, storeship privateer, or ship under letters of marque.
  9. "United Kingdom" includes the Isle of Man, the Channel Islands, and other adjacent islands.
  10. "British Possession" means any territory, colony, or place, being part of His Majesty's dominions, and not part of the United Kingdom as defined above.
  11. "The Secretary of State" means any of His Majesty's Principal Secretaries of State.
  12. " The Governor," as respects India, means the Governor-General or Governor of any presidency, and where a British Possession consists of several constituent colonies, means the Governor-General of the whole possession, or the Governor of any of the constituent colonies, and as respects any other British possession, means the officer for the time being administering the government of such possession; also any person acting for or in the capacity of a Governor is included under the term " Governor."
  13. " Ship " includes any description of boat, vessel, floating battery, or floating craft ; also, any description of boat, vessel, or other craft or battery made to move either on the surface of or under water, or sometimes on the surface of -and sometimes under water.
  14. "Building," in relation to a ship, includes doing any act towards or incidental to the construction of a ship, and all words having relation to the building shall be construed accordingly.
  15. "Equipping," in relation to a ship, includes the furnishing a ship with any tackle, apparel, furniture, provisions, arms, munitions, or stores, or any other thing which is used in or about a ship for the purpose of fitting or adapting her for the sea or for naval service, and all words relating to equipping shall be construed accordingly.
  16. "Master" includes any person having the charge or command of a ship.

SECTION III. COMMANDERS-IN-CHIEF AT HOME PORTS.

497. General Duties.- The Commander-in-Chief at a home port is to be guided in the conduct of his general duties by the foregoing instructions to Commanders-in-Chief and those to the Senior Officer present, and is also to

148


observe the following instructions relative to the special duties connected with his command.

498. Ships and Officers generally.- He is to be responsible for the prompt and complete equipment and manning of all ships at the port when commissioning refitting, or paying off. He is to consider all Flag Officers who are junior to himself and all ships present as under his orders, except such as are actually under the orders of a senior Flag Officer then present, but such vessels are to be under his control in all matters provided for by the regulations of the port.

He will not interfere with ships arriving or lying at ports within his station but not in sight of his flag, unless specially directed to take them under his orders; and, except in some emergency which does not admit of reference to the Admiralty, he is not to send any ship to sea except those which have been specially placed under his orders.

2. During War he is to see that the authorised local regulations for the control of traffic are properly enforced, and he will further ensure the safety of the port by disposing the vessels under his special command in whatever manner may seem to him best suited to secure that end.

499. Letters, &c., from Ships.- He will receive all letters, returns and reports from the Flag Officers and ships placed under his orders, as well as from such ships as may become subject to his control by the regulations of the port but in that case only in regard to such matters as are affected by those regulations.

In the case of ships under the actual orders of a senior Flag Officer, the letters, returns and reports are to be transmitted through that senior Flag Officer, but in the case of other officers in command of any particular squadron they are to be sent direct, and duplicate returns, reports, &c., should be sent to such officers in command, for information, by their ships.

500. Test of Fittings.- Prior to any of His Majesty's ships or vessels being placed in commission for the first time, axed on any occasion of the armament being altered, the gunnery fittings generally are to be examined and tested by the Captain of the gunnery school at Portsmouth, Devonport and Sheerness respectively, and the torpedo and electrical fittings are to be tested and examined as directed in Article 903, the dockyard officials responsible for the fittings being represented at the trial in each case.

The reports of these trials are to be forwarded by the Commander-in-Chief to the Admiralty. See 1052 (Gunnery and Torpedo Trials). ,

501. Alterations and Additions.- He is to refer all applications for alterations or additions in duplicate to the Admiralty in accordance with Article 1094.

502. Completing Ships.- On the commissioning of a ship he will appropriate her ship's company from the men in the general depot or port in accordance with the Drafting Regulations.

503. Test of Electrical Fittings.- Shortly after commissioning, a trial of all the electrical fittings is to be made by officers of the ship under the direction of the Commander-in-Chief, in the presence of the dockyard officers, in order to ensure that everything is in perfect order. In cases where the final electrical trials were carried out while the nucleus crews were on board, the commissioning trial need not be held.

504. Postponement of Completion.- Whenever the time fixed for the completion of a ship's refit or readiness for any purpose is postponed, he is to

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require from the Captain a report of the cause, which he will communicate, if necessary, to the Admiralty by telegraph or letter, adding his own opinion as to. the necessity for the delay.

505. Delay in Sailing.- He is not to allow the Captain of any of His Majesty's ships to prolong his stay in port after receiving his sailing orders, should the state of the weather permit him to put to sea, and he is to report, whenever he considers that a ship has been put back or brought into port unnecessarily.

506. Returns before Sailing.- He is to take care that ships just commissioned shall forward the return S. 165, and their allotment lists, to the Accountant-General before leaving port, and that they duly forward for transmission to the Admiralty the return of weights. See 1594 (Return of Numbers borne) ; 1595 (Monthly Return of Entries and Discharges).

507. Important Information to Admiralty.- He is to keep the Admiralty informed by telegraph of all matters of importance that occur, including the arrival, sailing, and passing of all ships-of-war.

508. Disposable Oilers and Men.- When occasion requires it, he is to make use of the services of all officers and men borne for disposal, when they are needed to facilitate the commissioning or paying off of ships, or are required in ships' offices.

509. Officers exempt from general Port Duties.- So far as the convenience of the Service will admit, he is to arrange that the Captains and officers of the Military Branch belonging to the gunnery and torpedo establishments as well as the officers in training, surveying, and store ships, and the Captain of the Dockyard and officers of the Military Branch specially borne on the books of the general depot for duty under him, are not called upon to attend surveys out of their own ships, nor to perform any other of the ordinary duties of the port, which are unconnected with the special services on which they are respectively employed.

510. Working Paris for Dockyard.- On receiving an application from the Superintendent to the effect that an additional number of men are required to perform any work connected with the yard, he is to send them if they can be spared, under proper officers, to be employed as the Superintendent shall direct ; but he is not to allow them to be employed on work other than that ordinarily done by seamen, except upon his special authority, and he is to be careful to define in his order the nature of the exceptional work so permitted, and the period of its duration.

511. Moorings.- He is to take care that no moorings are laid down without the sanction of the Superintendent.

512. Ship ordered to Commission.- He is to acquaint the heads of the several local departments concerned whenever a ship is ordered to be commissioned or paid off.

513. Flag Officer entering Port.- Any Flag Officer in command entering the port limits at Portsmouth, Plymouth, or Sheerness-Chatham who is senior to the Commander-in-Chief of the port, is not in any way to interfere with the port duties, but is, after receiving the visit of such junior Flag Officer, to direct by order or signal that the duties of the port are to be carried out by the appointed port authorities without reference to him even should his flag remain flying.

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2. Ships under the actual command of such a senior Flag Officer are, while in the port, to be subject to the control of the Port Commander-in-Chief in all matters governed by the Port Regulations.

3. Absence of Port Commander-in-Chief.- In the absence of the Port Commander-in-Chief, his duties are to be carried out by the Admiral Superintendent, and, failing him, by the senior officer present. At Portsmouth, in view of the special duties of the Flag Officer Commanding the Royal Naval War College, he will not, in the absence of the Admiral Superintendent, take over the port duties when senior officer, but is to direct the officer next in order of seniority to .do so.

514. Residence, Termination of.- A Commander-in-Chief at a home port who has had due notice of his successor's appointment, or who has been enabled otherwise to reckon with certainty on the date of his supersession, is not to occupy his official residence for more than one week from such date; in other cases, when the termination of his command could not have been foreseen, the occupancy is to be extended to 14 days.

SECTION IV. OFFICERS RECOMMENDED FOR PROMOTION.

515. Commanders and Lieutenants.- The names of Commanders and Lieutenants recommended by Commanders-in-Chief and officers in command of fleets, squadrons, and stations, each half-year, for promotion in the proportion laid down from time to time, are to reach the Admiralty not later than 31st May and 30th November.

2. Additional Commanders.- Officers in command of a station are also at liberty to add to the number allowed one or two names of younger Commanders who have come specially under their notice, and might be considered for early promotion, as showing promise of becoming capable officers in the higher ranks of the naval service.

3. Additional Lieutenants.- Additional recommendations of Lieutenants in the proportion laid down from time to time are also allowed for the purpose of enabling Commanders-in-Chief to recommend younger Lieutenants who have come under their notice as worthy of being considered for early promotion, and as showing promise of becoming capable officers in the higher ranks of the naval service, viz., above the rank of Commander.

4. In every recommendation of a Lieutenant for promotion a report is to be made whether, so far as can be judged, he is likely to do well in the higher ranks of the Service.

5. It is not necessary that' the officer recommended should be actually serving at the time on the station ; therefore in considering officers for recommendation, the claims of those who have recently left a station should be considered with those on the station.

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