be performed by any
person to whom it is committed, and the formal part at home is
executed by the officer of the court. A certificate of the service is
endorsed on the back of the instrument, sworn before the surrogate of
the superior court, or before a notary public, if the service is
abroad.

If the cause be adjudged in the Vice-Admiralty Court, it is usual, on
entering the appeal there, to procure a copy of the proceedings, which
the appellant sends over to his correspondent in, England, who carries
it to a proctor, and the same steps are taken to procure and send the
inhibition as when the cause has been adjudged in the High Court of
Admiralty. But if a copy of the proceedings cannot be procured in due
time, an inhibition can be obtained, by sending over a copy of the
instrument of appeal, or by writing to the correspondent an account
only of the time and substance of the sentence.

Upon an appeal, fresh evidence may be introduced, if, upon hearing,
the Lords of Appeal should be of an opinion that the cause is of such
doubt, or that further proof ought to have been ordered by the court
below.

Further proof usually consists of affidavits made by the asserted
proprietors of the goods, in which they are sometimes joined with
their clerks, and others acquainted with the real transactions, and
with the real property of the goods claimed. In corroboration of these
affidavits, may be annexed the original correspondence, duplicates of
bills of lading, invoices, extracts from books, &c. These papers must
be proved by affidavits of persons who can speak of their
authenticity; and if copies or extracts, they should be collected and
certified by public notaries. The affidavits are sworn before
magistrates, or others competent to administer oaths in the country
where they are made, and authenticated by a certificate from the
British Consul.

The degree of proof required depends upon the degree of suspicion or
doubt that belongs to the case. In case of heavy suspicion and great
importance, the court may order what is called "plea and proof," that
is, instead of admitting affidavits and documents introduced by the
claimant only, each party is at liberty to allege, in regular
pleadings, such circumstance as may tend to acquit or condemn the
capture, and to examine witnesses in support of the allegation, to
whom the opposite party may administer interrogatories. The
depositions of the witnesses are taken in writing. If the