295. In default of directions from the Admiralty, the Affidavit may be in Form No. 9, page 103.

Duty of Captor, if the Vessel is unfit to be sent to a proper Port of Adjudication.

296. If the Vessel appear to be not in a condition to be sent into a proper Port of Adjudication, the Commander should cause a Survey to be made thereof by the Officers of his Ship the best qualified for the duty.

297. The Surveying Officers should report to the Commander in writing; and the Report should be signed by them, and entered on the Log of the Ship.

298. If the Surveying Officers report that the Vessel is not in a condition to be sent into a proper Port of Adjudication, the Commander should, if practicable, take her into the nearest Neutral Port that may be willing to admit her.

299. The Commander, however, must bear in mind that he cannot take the Vessel into a Neutral Port against the will of the Local authorities; and that under no circumstances can proceedings for Adjudication be instituted in a Neutral Country.1

300. Both the Cruiser and, if admitted, her Prize are by the Comity of Nations exempt from the local jurisdiction.2

301. If the Vessel is admitted into a Neutral Port, then, in order that proceedings for Adjudication may be duly

1 Flad Oyen, 1 C. Rob. 135.

* Cushing, Attorney-Generals Opinions, vii 123.

instituted, the Commander should forward the witnesses, together with the Vessel's Papers and necessary Affidavits, in charge of one of the Officers of his Ship to the nearest British Prize Court.

302. Amongst the Affidavits must be one, to be made by the Prize Officer, stating the circumstances under which the Vessel was sent to the Neutral Port, and having the Report of the Surveying Officers annexed thereto. In default of directions from the Admiralty, the Affidavit may be in Form No. 10, page 104.

303. In either of the following cases:

(1) If the Surveying Officers report the Vessel not · to be in a condition to be sent in to any port for Adjudication; or,

(2) If the Commander is unable to spare a Prize Crew to navigate the Vessel to a Port of

Adjudication,

the Commander should release the Vessel and Cargo without ransom, unless there is clear proof that she belongs to the Enemy.1

304. But if in either of these cases there be clear proof that the Vessel belongs to the Enemy, the Commander should remove her Crew and Papers, and, if possible, her Cargo, and then destroy the Vessel. The Crew, and the Cargo (if saved), should then be forwarded to a proper Port of Adjudication in charge of a Prize Officer, together with the Vessel's Papers and the necessary Affidavits. Amongst the Affidavits should be one, to be made by the Prize Officer, exhibiting the evidence that the Vessel belonged to the Enemy, and the facts which rendered it impracticable to send her in for Adjudication.

Actæon, 2 Dod. 48. Felicity 2 Dod. 381. Leucade, Spinks, 238.

CHAPTER XXI.

DUTIES OF THE PRIZE OFFICER.

305. Immediately upon going on board, the Prize Officer should draw up an Inventory of the Stores, Furniture, and Cargo of the Vessel, so far as can be ascertained without disturbing the stowage. He should invite the Master to assist him in drawing up this Inventory, and should in all cases deliver a copy thereof signed by himself to the Master. In default of directions from the Admiralty, the Inventory may be in form No. 11, page 105.

306. The Prize Officer should keep a Log of his proceedings from the time he goes on board until his arrival at the Port of Adjudication, and note therein any changes that may take place on the voyage in regard to the Vessel, her Cargo, or Crew.

307. The Prize Officer should endeavour by all proper means to obtain additional information as to the case; and if in the course of the voyage any additional Papers are delivered up, or are thrown overboard and picked up, or are found concealed, he should at once cause them to be arranged, numbered, and annexed to an Affidavit to be prepared in one of the Forms Nos. 12, 13, or 14, pages 106, 107, 108, according to circumstances. The Affidavit may be sworn during the Voyage, if opportunity occur, or upon the arrival of the Vessel at the Port of Adjudication.

308. The Prize Officer is bound to use the strictest care in navigating the Vessel. If there is any want of care, and loss accrues to the Vessel or her Cargo there

from, then, in the event of restoration being decreed, the Commander will be personally liable for damages.1

309. The omission to employ a Pilot, in places where pilotage is usual, is want of care.2

310. The Prize Officer is bound to navigate the Vessel straight to the Port of Adjudication; and if this duty is observed, then (provided that there was probable cause for the original Detention) the Captors are not responsible for mere accidents or for after-capture by the Enemy." But if the Vessel is without necessity navigated out of her proper course (as for the purpose of effecting the capture of other Vessls), and any accident ensues therefrom to the Vessel or Cargo, then, in the event of restoration being decreed, the Commander will be liable for damages.

311. The Prize Officer should take the strictest precautions for the preservation of the Cargo on board the Vessel, and for the prevention of embezzlement or irregularity of any kind and if it be practicable, he should seal the hatches.

:

312. If any embezzlement take place, the Commander will be personally liable for damages.

313. The Prize Officer should be upon his guard against any attempt at recapture, but should not subject the Master and Crew of the Vessel to any further restraint than may be necessary. Clear necessity alone will justify him in putting them into irons.7

1 William, 6 C. Rob. 316.

2 Der Mohr, 3 C. Rob. 129, 4 C. Rob. 314. William, 6 C. Rob. 316.

3 John, 2 Dod. 336.

4 Susanna, 6 C. Rob. 48.

* Concordia, 2 C. Rob. 102.

Dispatch, 3 C. Rob. 279. Die Fire Damer, 5 C. Rob. 357.

1 Gall. 315.

7 St. Juan Baptista and Purissima Conception, 5 C. Rob. 33,

Lively,

314. If absolutely necessary, but not otherwise, the Prize Officer will be warranted in removing the Master Crew, or Cargo from the Vessel, and in transferring them to other Vessels; but in all such cases it will be his duty to draw up an Affidavit stating what persons or things are removed, and what is the cause of their removal. In default of directions from the Admiralty, the Affidavit may be in Form No. 15, page 109. The Affidavit may be sworn during the voyage, if opportunity occur, or upon the arrival of the Vessel at the Port of Adjudication. All persons and things that may have been so removed should be forwarded without delay to the Port of Adjudication.

CHAPTER XXII.

PROCEEDINGS IN PORT OF ADJUDICATION.

Duties of the Prize Officer as to Customs.

315. Upon the Arrival of the Vessel in Port, if the Port is a Port of the United Kingdom, the Prize Officer must bring to at the proper place of Discharge, and must (under penalty of 1007.), when required by any Officer of Customs, deliver an account in writing, under his hand, concerning the Vessel and her Cargo, and give any other information in his power that may be asked of him by