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 the Commander's Ship may leave in pursuit, &c.

271. Both the Cruiser and (if admitted) her Prize are, by the Comity of Nations, exempt from the local jurisdiction.1

272. The Commander 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.

273. The Commander 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.

274. The Commander may not use Neutral Territorial Waters as an habitual War Station whence to sally out with his Ship or Boats and exercise the rights of Visit, Search, or Detention upon Vessels lying beyond the limits of Neutral Territorial Waters.2 But a Commander may pass over Neutral Territorial Waters in order to effect a Capture beyond, provided they are not Waters which cannot usually be passed through without express per

mission.

1 Cushing, Attorney-General's opinions, vii. 123.
2 Twee Gebroeders, 3 C. Rob. 162.

CHAPTER XV.

CARTEL.

275. Vessels actually engaged in Cartel service are exempt from Detention, and this alike when they actually have prisoners on board and when they are empty; whether going to fetch prisoners or returning after having delivered them.1

276. Cartel Vessels ought to be furnished with a Pass from a Commissary of Prisoners in the country of one of the Belligerents; but the Commander should not detain a Vessel, though not furnished with such a Pass, if there is substantial evidence of any kind that she is bonâ fide actually being employed as a Cartel Vessel.2

277. The fact that a Vessel sails under a Flag of Truce or under the Flags of both Belligerents at the same time will not alone be sufficient evidence that she is being employed as a Cartel Vessel. A Vessel professedly going to seek employment in the Cartel service, but navigated by the Master on his own responsibility, without a Pass from a Commissary of Prisoners, is not entitled to be considered a Cartel Vessel.4

278. Cartel Vessels are not at liberty to traffic or to carry any cargo whatever or Despatches; if they do, they are liable to Detention.5

1 Daifjie, 3 C. Rob. 142. La Gloire, 5 C. Rob. 193. Twiss, ii. 354.

2 La Gloire, 5 C. Rob. 198.

3 La Gloire, 5 C. Rob. 198.

4 Daifjie, 3 C. Rob. 142.

CHAPTER XVI.

CONVOY.

Enemy Convoy.

279. Vessels under Enemy Convoy are liable to Capture.1

Neutral Convoy.

280. Vessels under Neutral Convoy are not on that ground exempt from Visit, Search, and Detention.2

281. Any resistance made by a Convoying Ship to the lawful Visit and Search of any Vessel under her escort will justify the Detention of both the Convoying Ship and all Vessels convoyed by her.3

282. If upon the Visit and Search of a Vessel under Convoy it should appear that the Master set sail with instructions to make an armed resistance to Search, the Vessel should be detained.

British Convoy.

283. The Commander, if engaged in convoying Vessels, may nevertheless employ his Ship to make Captures or to assist other Cruisers in making Captures, provided that he does not neglect or expose the Vessels under his Convoy.4

1 Sampson Barney, cited in Maria, 1 C. Rob. 346.

2

Maria, 1 C. Rob. 340.

CHAPTER XVII.

RECAPTURE.

Recapture of a British Vessel.

284. It is the duty of the Commander, if possible, to rescue any British Vessel which he may find attacked or captured by the Enemy.

285. If he succeed in effecting the rescue of such a Vessel, he may either at once send her in for Adjudication, or at his option, unless she shall have been already carried into an Enemy's Port, or set forth or used by the Enemy as a Ship of War, allow her to prosecute her voyage and unlade and dispose of her Cargo.

286. Upon Adjudication, the Prize Court will order the Vessel and Cargo to be restored to their respective owners upon payment by them of Prize Salvage.

287. If the Commander shall have allowed the Vessel so to prosecute her Voyage, he will be allowed to defer proceedings for Adjudication till the return of the Vessel to a Port within the United Kingdom.

288. In case the Vessel shall not, within six months, return to some Port within the United Kingdom, the Recaptors may, notwithstanding, institute proceedings for Adjudication against the Vessel and her Cargo in the High Court of Admiralty of England; and the Court may thereupon award Prize Salvage, and may enforce the payment thereof either by Warrant of Arrest against the Vessel and Cargo, or by Monition and Attachment against the owners of the Vessel and Cargo.1

289. The Prize Salvage which will be awarded to the Recaptors for the Recapture of any British Vessel before she has been actually carried into an Enemy's Port is one-eighth of the value of the Prize; or, in case the Recapture has been made under circumstances of special difficulty or danger, a sum not exceeding one-fourth part of the value.2

290. If, however, the Vessel has, before her Recapture, been set forth or used by the Enemy as a Ship of War,

1 Naval Prize Act, 1864, Sec. 41.

2 Naval Prize Act, 1864, Sec. 40.

then, upon Recapture, the original owner is not entitled to Restitution, but both Vessel and Cargo will be condemned as Lawful Prize to the Recaptors.3

291. The Commander will be justified in considering a Vessel to have been set forth or used by the Enemy as a Ship of War, if, after Capture, she has been commissioned by the Enemy as a Ship of War, or has been used as a Privateer, or has been armed by an Enemy Officer ostensibly in the exercise of authority; but not if no more has been done to her than the augmentation of her crew, or the arming of her by persons not in authority.

Recapture of a British Prize.

292. It may happen that an Enemy Vessel is captured by a British Cruiser, again lost to an Enemy's Cruiser, and finally recaptured by another British Cruiser. The Commander effecting such a Recapture should send the Vessel in for Adjudication, and the original Captors are not entitled to Restitution, but both Vessel and Cargo will be condemned as Lawful Prize to the Recaptors.

Recapture of a Neutral Vessel.

293. If a Commander recapture from the Enemy a Neutral Vessel, which would not have been liable to condemnation in the Prize Court of the Enemy, he is not entitled to Salvage; and should, without delay and without taking ransom, set her free to prosecute her Voyage.1

Recapture of an Allied Vessel.

294. If a Commander recapture from the Enemy an Allied Vessel, his duty is generally regulated by Treaty. In default of Treaty Regulations he will send her in to a British Port for Adjudication; and the Prize Court will award Salvage or not, according as the Prize Court of the Ally would or would not have awarded Salvage to an Allied Ship for recapturing a British Vessel.

3 Naval Prize Act, 1864, Sec. 40.

4 War, Onskan, 2 C. Rob. 300.