There is no power in any of the Supreme Courts constituted as prize courts to exercise jurisdiction over vessels that have not been brought into some port within the States to which respectively they belong (The Carel and Magdalena (1800) 3 C. Rob. 58) nor is there any power except in the Crown in its Imperial capacity to establish new prize courts.

As no question of neutral rights arises in connection with the captures, and as there is no present intention to sell them, the matter of condemnation in a prize court must stand over until either a prize court can be set up at Rabaul⁽¹⁾ or the vessels sent into a port where prize jurisdiction exists.

In view of the necessary delay, it is important that a careful account should be kept, so far as possible, of the stores etc. consumed.

[Vol.13, p.l 10]

(1)In the Opinion Book this Opinion is headed 'German ships detained as simpsonhafen'.Rabul is located on Simpson Harbour.

(2)See Preface.