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§ 354.

vessel to continue its voyage and to bring the commercial operation to a successful conclusion.... „Port of destination" is a well recognised term in connection with vessels making voyages from port to port and entering ports as ports of call, but it has no meaning in reference to a tug and hghters used exclusively in port and whose presence there is of a permanent and not of a temporary nature

Au contraire, la Cour des prises britannique pour 1'Egypte a reconnu le caractère de navires de commerce a des allèges employées a Port Saïd:

Floating craft of the Deutsches Kohlendepót, Port Said (439) : „The next question to consider is, Are they „merchant ships" ? They are undouhtedly engaged in maritime commerce. The particular ones now before the Court are mostly used for coal; but lighters are also used for the loading and unloading of merchandise, and I dare say some of these were also used for that purpose. Moreover, in coaling the various merchant ships passing through Port Said, they Were directly engaged in maMng nsarftime commerce possible. I therefore find that these are merchant ships within the meaning of the Hague Convention (VI)."

Le point de savoir si ces allèges étaient des „navires de commerce" a été entièrement éliminé dans la décision d'appel: H. M.'s Procurator in Egypt v. Deutsches Kohlendepotgeseixschaft (1047) :

„The apphcation of the Sixth Convention does not depend merely on the question whether the craft now in question can or cannot be styled „navires de commerce" with tolerable propriety. The construction of the Article, which would bring under that term („navires de commerce") ah floating structures not „navires d'état", was rejected by their Lordships in the Germania (629) . . . . It would be a mistake to seek in the Hague Conventions, or in the terms these employed, exhaustive categories of every kind of „batiment" afloat, or to suppose that, taken cohectively, the bateaux, bètiments and navires there mentioned cover the whole field of possible means of carriage by water so as to make provision somewhefe or other for each and all of them.... The language of the general preamble of the Sixth Convention is of importance, but the actual text must come first. The Articles contemplate ships — navires de commerce — which in the course of a voyage from a port of departure or to a port of destination, enter a port and there find themselves entangled in hostihties of which they were unaware, or ships, also comraerciaüy engaged upon a voyage, finding themselves in a port, whether of loading, of call, or of discharge, which by the outbreak of war becomes an enemy port.... The picture so drawn is plain, and if there are vessels entitled to the designation of navires de commerce which lie outside of this pieture, then the scope of the Article affords them no assistance, be their designation or their classificafion what it will. Neither cohectively nor individuaüy was the fleet of the Deutsches Kohleh Depót Gesell-