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LISTS OF CONTRABAND.
(11) Bleaching powder, soda ash, caustic soda, salt cake, ammonia, sulphate of ammonia, and sulphate of copper.
(12) Agricultural, mining, textile, and printing machinery.
(13) Precious stones, semiprecious stones, pearls, mother-of-pearl, and coral.
(14) Clocks and watches, other than chronometers.
(17) Articles of household furniture and decoration; office furniture and accessories.
ART. 29. Neither are the following to be regarded as contraband of war:
(1) Articles and materials serving exclusively for the care of the sick and wounded. They may, nevertheless, in case of urgent military necessity and subject to the payment of compensation, be requisitioned, if their destination is that specified in article 30.
(2) Articles and materials intended for the use of the vessel in which they are found, as well as those for the use of her crew and passengers during the voyage.
38. Lead, pig, sheet, or pipe. 39. Tin, chloride of tin, and tin ore. 40. Ferro alloys, including ferrotungsten, ferromolybdenum, ferromanganese, ferrovanadium, and ferrochrome.
41. The following ores: Wolframite, scheelite, molybdenite, manganese ore, nickel ore, chrome ore, hæmatite iron ore, iron pyrites, copper pyrites, and other copper ores, zinc ore, lead ore, arsenical ore, and bauxite.
42. Maps and plans of any place within the territory of any belligerent, or within the area of military operations, on a scale of 4 miles to 1 inch or any larger scale, and reproductions on any scale, by photography or otherwise, of such maps or plans.
SCHEDULE 1.1 1. Foodstuffs. 2. Forage and feeding stuffs for animals. 3. Oleaginous seeds, nuts, and kernels. 4. Animal, fish, and vegetable oils and fats, other than those capable of use as lubricants, and not including essential oils.
5. Fuel, other than mineral oils.
9. The following articles, if suitable for use in war: Clothing, fabrics for clothing, skins and furs utilizable for clothing, boots, and shoes.
10. Vehicles of all kinds, other than motor vehicles, available for use in war, and their component parts.
11. Railway materials, both fixed and rollng stock, and materials for telegraphs, wireless telegraphs, and telephones.
12. Vessels, craft, and boats of all kinds; floating docks and their component parts; parts of docks. 13. Field glasses, telescopes, chronometers, and all kinds of nautical instruments. 14. Gold and silver in coin or bullion; paper money. Given at our court at Buckingham Palace, this 14th day of October, in the year of our Lord 1915, and in the sixth year of our reign. God save the King. (London Gazette, Fourth Supplement, Oct. 12, 1915.)
i When this book was in page proof on April 13, 1916, the British Government announced “the distinction between ewo classes of contraband has ceased to have any value.”
· ART. 30. Absolute contraband is liable to capture if it is shown to be destined to territory belonging to or occupied by the enemy, or to the armed forces of the enemy. It is immaterial whether the carriage of the goods is direct or entails either transshipment or transport over land.
ART. 31. Proof of the destination specified in article 30 is complete in the following cases:
(1) When the goods are documented to be discharged in a port of the enemy, or to be delivered to its armed forces.
(2) When the vessel is to call at enemy ports only, or when she is to touch at a port of the enemy or to join its armed forces, before arriving at the neutral port for which the goods are documented.
ART. 32. The ship’s papers are complete proof of the voyage of a vessel transporting absolute contraband, unless the vessel is encountered having manifestly deviated from the route which she ought to follow according to the ship’s papers and being unable to justify by sufficient reason such deviation.1
ART. 33. Conditional contraband is liable to capture if it is shown that it is destined for the use of the armed forces or of a government department of the enemy State, unless in this latter case the circumstances show that the articles cannot in fact be used for the purposes of the war in progress. This latter exception does not apply to a consignment coming under article 24 (4).
ART. 34. There is presumption of the destination referred to in article 33 if the consignment is addressed to enemy authorities, or to a
i The Italian royal decree of June 3, 1915, was substantially identical with the British order in council, October 29, 1914; the French decree, August 25, 1914, and the Russian Ukase, December 8-21, 1914, and was as follows:
ARTICLE I.-During the present state of war the Government of the King will adopt and enforce the dispositions of the declaration signed at London on February 26, 1909, with the exception of articles 22, 24, and 28, and of any modifications contained in the following articles:
ART. II.-A neutral ship, which according to her papers has a neutral destination, and which in spite of the destination indicated on her papers is making an enemy port, will be subject to capture and confiscation if she is encountered before the end of her return journey.
ART. III.-The destination indicated in article 33 of the Declaration of London will be presumed to be the real one (in addition to the presumptions provided for in article 34) if the cargo is consigned to an agent of an enemy State or to order of an agent of an enemy State.
ART. IV.-In spite of the dispositions of article 35 of the Declaration of London, conditional contraband will be subject to capture on board a vessel proceeding to a neutral port if the ship's manifests do not indicate the name of the consignee, or if they show that the consignee resides in territory belonging to or occupied by the enemy.
ART. V.-In the cases indicated in the preceding Article IV the burden of proving the innocent destination of the goods rests with their owner.
ART. VI.-When the King's Government learns that an enemy Government is supplying its armed forces by means of or across a neutral country, the ministers of foreign affairs and marine may take concerted action to exclude from the operation of article 35 of the Declaration of London all vessels proceeding to ports in such countries.
Decisions of this nature will be published in the Official Gazette, and will be enforced until superseded by another decision of the same nature.
For the whole period during which such decisions are in force, vessels carrying conditional contraband to ports of such countries will be liable to capture.
(See also 5 and 6, Italian Regulations, July 15, 1915, p. 115.)
merchant established in the enemy country, and when it is well known that this merchant supplies articles and materials of this kind to the enemy. The presumption is the same if the consignment is destined to a fortified place of the enemy, or to another place serving as a base for the armed forces of the enemy; this presumption, however, does not apply to the merchant vessel herself bound for one of these places and of which vessel it is sought to show the contraband character.
Failing the above presumptions, the destination is presumed innocent.
The presumptions laid down in this article' admit proof to the contrary.
ART. 35. Conditional contraband is not liable to capture, except when on board a vessel bound for territory belonging to or occupied by the enemy, or for the armed forces of the enemy, and when it is not to be discharged at an intervening neutral port.
The ship's papers are conclusive proof of the voyage of the vessel as also of the port of discharge of the goods, unless the vessel is encountered having manifestly deviated from the route which she ought to follow according to the ship’s papers and being unable to justify by sufficient reason such deviation.
ART. 36. Notwithstanding the provisions of article 35, if the territory of the enemy has no seaboard, conditional contraband is liable to capture if it is shown that it has the destination referred to in article 33.
ART. 37. A vessel carrying articles liable to capture as absolute or conditional contraband may be captured on the high seas or in the territorial waters of the belligerents throughout the whole course of her voyage, even if she has the intention to touch at a port of call before reaching the hostile destination.
ART. 38. A capture is not to be made on the ground of a carriage of contraband previously accomplished and at the time completed.
ART. 39. Contraband is liable to condemnation.
ART. 40. The confiscation of the vessel carrying contraband is allowed if the contraband forms, either by value, by weight, by volume, or by freight, more than half the cargo.
ART. 41. If a vessel carrying contraband is released, the expenses incurred by the captor in the trial before the national prize court as also for the preservation and custody of the ship and cargo during the proceedings are chargeable against the ship.
ART. 42. Goods which belong to the owner of the contraband and which are on board the same vessel are liable to condemnation.
ART. 43. If a vessel is encountered at sea making a voyage in ignorance of the hostilities or of the declaration of contraband affecting her cargo, the contraband is not to be condemned except with indemity; the vessel herself and the remainder of the cargo are exempt from condemnation and from the expenses referred to in article 41. The case is the same if the master after becoming aware of the opening of hostilities, or of the declaration of contraband, has not yet been able to discharge the contraband.
DECLARATION OF LONDON.
A vessel is deemed to be aware of the state of war, or of the declaration of contraband, if she left a neutral port after there had been made in sufficient time the notification of the opening of hostilities, or of the declaration of contraband, to the power to which such port belongs. A vessel is also deemed to be aware of a state of war if she left an enemy port after the opening of hostilities.
ART. 44. A vessel stopped because carrying contraband, and not liable to condemnation on account of the proportion of contraband, may, according to circumstances, be allowed to continue her voyage if the master is ready to deliver the contraband to the belligerent ship.
The delivery of the contraband is to be entered by the captor on the logbook of the vessel stopped, and the master of the vessel must furnish the captor duly certified copies of all relevant papers.
The captor is at liberty to destroy the contraband which is thus delivered to him.
CHAPTER III.— Unneutral service.? ART. 45. A neutral vessel is liable to be condemned and, in a general way, is liable to the same treatment which a neutral vessel would undergo when liable to condemnation on account of contraband of war:
(1) If she is making a voyage especially with a view to the transport of individual passengers who are embodied in the armed force of the enemy, or with a view to the transmission of information in the interest of the enemy.
(2) If, with the knowledge of the owner, of the one who charters the vessel entire, or of the master, she is transporting a military detachment of the enemy, or one or more persons who, during the voyage, lend direct assistance to the operations of the enemy.
In the cases specified in the preceding paragraphs (1) and (2), goods belonging to the owner of the vessel are likewise liable to condonation.
The provisions of the present article do not apply if when the vessel is encountered at sea she is unaware of the opening of hostilities, or if the master, after becoming aware of the opening of hostilities, has not been able to disembark the passengers. The vessel is deemed to know of the state of war if she left an enemy port after the opening of hostilities, or a neutral port after there had been made in sufficient time a notification of the opening of hostilities to the power to which such port belongs.
ART. 46. A neutral vessel is liable to be condemned and, in a general way, is liable to the same treatment which she would undergo if she were a merchant vessel of the enemy:
(1) If she takes a direct part in the hostilities.
(2) If she is under the orders or under the control of an agent placed on board by the enemy Government.
(3) If she is chartered entire by the enemy Government.
1 See 6 Italian Regulations, July 15, 1915, p. 115. 2 See 7 and 8 Italian Regulations, July 15, 1915, p. 116.
DESTRUCTION OF PRIZE.
(4) If she is at the time and exclusively either devoted to the transport of enemy troops or to the transmission of information in the interest of the enemy.
In the cases specified in the present article, the goods belonging to the owner of the vessel are likewise liable to condemnation.
ART. 47. Any individual embodied in the armed force of the enemy, and who is found on board a neutral merchant vessel, may be made a prisoner of war, even though there be no ground for the capture of the vessel.
CHAPTER IV.-Destruction of neutral prizes. 1 ART. 48. A captured neutral vessel is not to be destroyed by the captor, but must be taken into such port as is proper in order to determine there the rights as regards the validity of the capture.
ART. 49. As an exception, a neutral vessel captured by a belligerent ship, and which would be liable to condemnation, may be destroyed if the observance of article 48 would involve danger to the ship of war or to the success of the operations in which she is at the time engaged.
ART. 50. Before the destruction, the persons on board must be placed in safety, and all the ship's papers and other documents which those interested consider relevant for the decision as to the validity of the capture must be taken on board the ship of war.
ART. 51. A captor who has destroyed a neutral vessel must, as a condition precedent to any decision upon the validity of the capture, establish in fact that he only acted in the face of an exceptional necessity such as is contemplated in article 49. Failing to do this, he must compensate the parties interested without examination as to whether or not the capture was valid.
ART. 52. If the capture of a neutral vessel, of which the destruction has been justified, is subsequently held to be invalid, the captor must compensate those interested, in place of the restitution to which they would have been entitled.
ART. 53. If neutral goods which were not liable to condemnation have been destroyed with the vessel, the owner of such goods is entitled to compensation.
ART. 54. The captor has the right to require the giving up of, or to proceed to destroy, goods liable to condemnation found on board a vessel which herself is not liable to condemnation, provided that the circumstances are such as, according to article 49, justify the destruction of a vessel liable to condemnation. The captor enters the goods delivered or destroyed in the logbook of the vessel stopped, and must procure from the master duly certified copies of all relevant paperš. When the giving up or destruction has been completed, and the formalities have been fulfilled, the master must be allowed to continue his voyage.
The provisions of articles 51 and 52 respecting the obligations of a captor who has destroyed a neutral vessel are applicable.
1 See 12 Italian Regulations, July 15, 1915, p. 116.