a meritorious act, as far as the government of the captor was concerned, but furnished no reason why the owner should be a sufferer: and restitution in value was decreed with costs and damages (s), where the licence was doubtful and the capture therefore justifiable restitution was decreed without costs (t). Where a capture is not justifiable, a captor is answerable for every damage (u). Where the capture is justifiable, a captor is only responsible for due diligence. Hence, where the prize master refused to take a pilot, and the ship and cargo were consequently lost, restitution in value was decreed (w). But where the captors have put a pilot on board, and the damage is not assignable to any want of that controul which the captor is bound to exercise over the crew, he is exonerated from any accident occurring in the navigation of the vessel (x).

A captor is not entitled to send his prize to any port that he may choose to select. It must be a convenient port. A convenient port is one, in which the claimant may proceed to adjudication without unreasonable delay, in which the vessel may lie in safety, without unloading its cargo. Hence where a vessel was sent to Shetland instead of any of the principal northern ports of the kingdom; by which unnecessary delay in proceeding to adjudication was incurred demurrage, and the expense of hearing a petition for costs and damages were allowed (y). Where a vessel was taken to Jersey, which was not a port fit for the reception of such a vessel, which was not safe in the outer port and could not be taken into the inner port without breaking bulk, and the captors proceeded to unliver her cargo: they were held liable for the damage sustained (z).

(s) The Acteon, 2 Dods. 48.

(t) The William, 2 Dods. 55.

(u) Per Cur. The William, 6 Rob. 316. The Nemesis, Edw. 50. The Triton, 4 Rob. 78. Per Cur. The William, 6 Rob. 316.

(w) The William, 6 Rob. 319. The Der Mater, 3 Rob. 129.

(x) The Portsmouth, 6 Rob. 317, n. (y) The Portsmouth, 6 Rob. 317, n. (2) The Washington, 6 Rob. 275.

The Peacock, 4 Rob. 185.

In the present war the duties of the cruisers of each ally, in respect of joint captures and in respect of captured vessels being the property of the subjects of either ally, are distinctly expressed in the instructions annexed to the convention between the two countries.

By the convention, Art. 1, it is provided: that when a joint capture shall be made by the naval forces of the two countries, the adjudication thereof shall belong to the jurisdiction of the country whose flag shall have been borne by the officer having the superior command in the action.

Art. 2. When a capture shall have been made by a cruiser of either of the two allied nations, in the presence and in the sight of a cruiser of the other, such cruiser, having thus contributed to the intimidation of the enemy and the encouragement of the captor, the adjudication thereof shall belong to the jurisdiction of the actual captor.

Art. 3. In case of the capture of a merchant vessel of one of the two countries, the adjudication of such capture shall always belong to the jurisdiction of the country of the captured vessel; and the cargo shall be dealt with, as to the jurisdiction, in the same manner as the vessel.

Art. 5. The commanders of the vessels of war of their Majesties shall, with regard to the sending in and delivering up of prizes, conform to the instructions annexed to the present convention, and which the two governments reserve to themselves to modify by common consent, if it should become necessary.

Art. 7. The crews of the captured vessels shall be dealt with according to the laws and regulations of the country to which the present convention attributes the adjudication of prize.

The instructions annexed to the convention are addressed to the commanders of ships of war of the two countries.

Art. 1. Whenever, in consequence of a joint action, you

are required to draw up the report or procès-verbal of a capture, you will take care to specify exactly the names of the ships of war present during the action, as well as the names of their commanding officers, and, as far as possible, the number of men embarked on board those ships at the commencement of the action, without distinction of rank.

You will deliver a copy of that report or procès-verbal to the officer of the allied power who shall have had the superior command during the action, and you will conform yourself to the instructions of that officer as far as relates to the measures to be taken for the conduct and adjudication of the joint captures so made under his command.

If the action has been commanded by an officer of your own nation, you will conform yourself to the regulations of your own country, and you will confine yourself to handing over to the highest officer in rank of the allied power, who was present during the action, a certified copy of the report, or of the procès-verbal, which you have drawn up.

Art. 2. When you shall have effected a capture in presence of and in sight of an allied ship of war, you will mention exactly, in the report which you will draw up, when the capture is a ship of war; and in the report or procès-verbal of the capture, when the prize is a merchant vessel, the number of men on board your ship at the commencement of the action, without distinction of rank, as well as the name of the allied ship of war which happened to be in sight, and, if possible, the number of men embarked on board that ship, likewise without distinction of rank. You will deliver a certified copy of your report or procès-verbal to the commander of that ship.

Art. 3. Whenever, in case of a violation of blockade of the transport of contraband articles, of land or sea troops of the enemy, or of official despatches from or for the enemy, you

find yourself under the necessity of stopping or seizing a merchant vessel of the allied nation, you will take care to—

1. Draw up a report (or procès-verbal) stating the date, the place, and the motive of the arrest, the name of the vessel, that of the captain, the number of the crew, and containing besides an exact description of the state of the vessel and of her cargo.

2. Collect and place in a sealed packet, after having made an inventory of them, all the ship's papers, such as registers, passports, charter-parties, bills of lading, invoices, and other documents calculated to prove the nature and the ownership of the vessel and her cargo.

3. Place seals upon the hatches.

4. Place on board an officer, with such number of men as you may deem advisable, to take charge of the vessel and to ensure its safe conduct.

5. Send the vessel to the nearest port belonging to the power whose flag it carried.

6. Deliver up the vessel to the authorities of the port to which you shall have taken her, together with a duplicate of the report (or procès-verbal), and of the inventory above mentioned, and with the sealed packet containing the ship's

papers.

Art. 4. The officer who conducts the captured vessel will procure a receipt proving his having delivered up the vessel, as well as his having delivered the sealed packet, and the duplicate of the report (or procès-verbal) and of the inventory above-mentioned.

Art. 5. In case of distress, if the captured vessel is not in a fit state to continue its voyage, the officer charged to conduct to the port of the allied power a prize made in the merchant service of that power, may enter a port of his own country or a neutral port; and he will deliver his prize to the local

authority, if he enters a port of his own country, and to the consul of the allied nation if he enters a neutral port, without prejudice to the ulterior measures to be taken for the adjudication of the prize. He will take care, in that case, that the report, or procès-verbal, and the inventory which he shall have drawn up, as well as the sealed packet containing the ship's papers, shall be sent to the proper court of adjudication.

It is to be remarked upon the last clause of this article, that the proper court of adjudication is the Admiralty Court of the allied power to whose merchant service the captured vessel belongs.

Art. 6. You are not to consider as prisoners of war, and you will give free permission to land to all women, children, and persons not belonging to the military or maritime profession, who shall be found on board the captured vessels.

With this exception, and those which your own security may suggest, you will not permit any person to be removed. from on board the vessel; and in all cases you will retain the master, supercargo, and others whose evidence may be essential to the adjudication of the prize.

You will treat as prisoners of war all persons whatever who may be found on board the enemy's vessels, with the exception above-mentioned in section 1.

[The exception last above-mentioned refers to all women, children, and persons not belonging to the military or maritime profession; and although it is not expressed, it seems to be implied, that they are to be treated in the same manner as if they had been found on board captured merchant vessels of a neutral or allied nation, and to have free permission to land].

You will place no other restriction on the liberty of allied or neutral subjects found on board allied or neutral vessels, than such as may be necessary for the security of the vessel.