generally drawn up at sea, and by virtue of them,
the captain of the captor engages for the release and safe conduct of
the taken ship, in consideration of a sum of money, which the master
of the captured vessel, on behalf of himself and the owners of his
ship and cargo, engages to pay, and for the payment of which he
delivers a hostage as security. The contract is drawn up in two parts,
of which the captor has one, which is called the ransom bill; the
master of the captured vessel has the other, which operates as his
safe conduct.

By the French law this safe conduct only protects the vessel to its
own port, or its port of destination, if nearer that. In other
countries the pass allows the ship to continue its voyage; but
operates only to protect the vessel in the course prescribed, and
within the time limited by the contract. It protects only against
capture, unless by agreement it provides also against _total loss_ by
perils of the seas.

During war, and while the character of alien enemy continues, no suit
will lie in the British Courts by the enemy, in proper person, on a
ransom bill, notwithstanding it is a contract arising out of the law
of war. The remedy to enforce payment of the ransom bill for the
benefit of the enemy captor, is by an action by the imprisoned
hostage, in the courts of his own country, for the recovery of his
freedom.

The hostage consists generally of one or two principal officers of the
captured prize, more generally one only.

As the ransom is in the nature of a pledge, the ransom cannot exceed
the value of the ship, so that the master cannot bind his owner for a
larger value; and on the same principle, the captor is bound to take
the vessel or its value if abandoned by the owner, or what it sells
for if the owner is insolvent. He is also bound to maintain the
hostage, and that is an item in the ransom bill. In estimating the
ransom and expenses of the hostage as a damage or loss, they are
regarded in the nature of general average, and the several persons
interested in the ship, freight, and cargo, must all contribute
towards them.[129]

[Sidenote: Recaptures.]

Although in strictness _every_ prize legally made, may be adjudged to
the captor, yet there are cases where he ought to restore, wholly, or
in part, that which he may legally have taken from the enemy. This is
the case of recaptures.

According to the universal law of nations, the question whether the
recapture ought to b