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§ 389.


supra, § 386].... I am of opinion that this dictum applies merely to small fishing boats belonging to men who are earning their livelihood and supplying the food of the small communities on the coasts. The vessel now before me is a general trading vessel of 27 tons, carrying on the general trade of the country, and, as the Hague Conventions do not apply, is liable to capture and confiscation."

(2) D'ailleurs, les cours britanniques, elles aussi, ont interprété d'une facon restrictive la notion de „bateau affecté a la petite navigation locale". Comp. :

Floating craft of the Deutsches Kohlendepöt (439), allèges et remorqueurs allemands, employés a Port Saïd pour 1'approvisionnement et le chargement de navbes marchands passant par le Canal de

Suez. HlÉ^i

,,It has been urged by counsel on behalf of the Deutsches KohlenDepót that not only do these lighters come under the Sixth Hague Convention, but also under the Eleventh Hague Convention — namely,

Chapter II, article 3 In HaU's International Law (6th ed.), p. 446,

discussing this article with regard to fishing boats, it is stated:

„It is indisputable that coasting fishery is the soie means of üvehhood of a very large number of families as inoffensive as cultivators of the soü or mechanics, and that the seizure of boats, whde infhcting extreme hardship on theb owners, is as a measure of general application wholly ineffective against the hostile state."

Although this statement is made concerning the exemption of fishing boats, nevertheless I consider that it equally apphes to the „small boats employed in local trade" which are classed with the fishing boats in the article of the Hague Convention No. XI, and that the „boats engaged in local trade" which were contemplated when the Convention was signed were such boats as passed to and from small villages, fishing ports, and small local towns on the coast, belonging to poor men engaged in earning theb living by carrying food, etc, for those places ; and the seizure öf this class of ship would, „wlhle infhcting extreme hardship on their owners, be-as a mesure of general apphcation wholly ineffective against the hostile State."

In this case we have a very different state of facts. Instead of the poor owners gaining a precarious livelihood and assisting other poor people to gain the means of existence, we have a rich and powerful company engaged in giving the greatest assistance to what was the extensive maritime commerce of Germany. — I am therefore of opinion that these lighters and tugs do not come within the category of „small boats employed in local trade" which were intended to be included in article 3, chapter II of the Eleventh Hague Convention."

Dans le même sens: H. M.'s Procurator v. Deutsches Kohlendepöt (1047), décision d'appel:

,,To turn to the Hague Conventions, can these tugs and üghters be