s.

When an enemy's ship, containing free goods, is taken, if the captor
carries the goods to the port of destination, he is entitled to the
freight. He stands in the place of the _owner of the ship_, and
performs (by completing) the specific contract between the owner and
charterer. But he _is not_ entitled, if he does _not_ proceed and
perform the original voyage.[153] The specific contract is performed
in the one case, and not in the other. But freight will be allowed to
the captor, even though he does not carry the goods to the port of
destination, if he carries them to his own country, and to the ports
to which they would have been consigned, if not prevented by the
regulations of the country of embarkation.[154]

Under certain circumstances the _Captor_ is considered entitled to
Freight, even though the goods are carried to his own country, and
restored.

If the captor does anything to injure the property, or is guilty of
misconduct, he may remain answerable for the effect of such misconduct
or injury, in the way of set-off against him.[155]

No right of _visitation_ and search, of capture, nor any other kind of
belligerent right, can be exercised on board a _public neutral_ vessel
on the high seas. But _private_ vessels form no part of neutral
territory, and when within the limits of another state, are not exempt
from local jurisdiction.[156]

The right to take enemy's property on board a neutral ship has been
much contested by particular nations, whose interests it strongly
opposed. This rule has been steadily maintained in Great Britain,
though in France and other countries it has been fluctuating. For the
first time, England has voluntarily abandoned this right in the
present war.

If a neutral vessel, having enemy's goods on board, is taken, and
there is nothing unfair in the conduct of the neutral master, he will
even be entitled to his reasonable demurrage. The captor pays the
whole freight, because he represents the enemy, by possessing himself
of the enemy's goods by right of war; and although the whole freight
has not been earned by the completion of the voyage, yet as the
captor, by his act of seizure, has prevented its completion, his
seizure operates to the same effect as an actual delivery of the goods
to the consignee, and subjects him to the payment of the full
freight.[157] In such case, however, the neutral master must have
acted _bona fide_, and with strictly neutral conduct.

[Sidenot