Onderstaande tekst is niet 100% betrouwbaar

621

§ 343.

national law has been definitely established in the highest tribunal [voir notarnrnent § 327]... .

Although the goods here in question were not claimed for condemnation, they are in some particulars simüarly circumstanced to goods so claimed They were rightfully seized, unladen, and detained, and, if sold, were rightfully sold. Their seizure and détention, where it took place in course of any voyage which began after the publication of the Reprisals Order, was seizure and détention consequent upon shipment presumably made with knowledge of the Order and of the measures directed by the Crown to be taken thereunder. Discharge in a British port of goods within the prohibitions in the Order, custody of the Marshal, and sale by order of the Court, if necessity arose, were things which notoriously involve

expense—expenses of unlading and warehousing in all cases

Whether the matter is considered generaUy under the Order in Council, or in the Ught of the practice of the Court in Prize, the terms upon which it is just that the goods should be released are, in my view, terms of payment by the claimants of the expenses properly and necessarüy incurred in the handhng of theh respective parcels." I 848. La juridiction des prises anglaise n'a pas même admis 1'obligation de la Couronne d'indemniser les propriétaires neutres de marchandises débarquées au cours de la guerre en vertu du „Reprisals Order" et perdues pendant un transport par terre. Voir le cas de différents colis postaux provenant du vapeur suédois New-Sweden (1388) et dont la plupart furent détruits par le feu, ayant pris au wagon qui les transportait de KirkwaU a Londres. Le jugement de Sir Henry Duke fut confirmé par 1'arrêt du Comité judiciaire du Conseil Privé New-Sweden (1391) [comp. aussi § 626]:

„There has been from time to time some différence of opinion as to the exact degree of care which is reqmred of captors, but theh obligation has always been recognised as being one of care and prudence. It has never been placed so high as that of.... answering in aü events for the saf ety of the prize.... The law is now well settled that it is for ünreasonable action, for negligence and for wilful wrongdoing, that captors are

hable It was not suggested that transmission of the maü bags to

London for examination inflicted ünreasonable or unnecessary risk or loss upon neutrals.. Since nothing further is directed (in the Order of CouncU), the Court can but apply the same principles as it is accustomed and bound to apply in matters of prize . ..."

Sluiten