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895

§ 513.

,3 would afford no safe criterion, and that they were therefore forced to rely solely on the relative proportion of contraband to the whole cargo [voir cependant ci-dessus, § 510]. It follows, therefore, that article 40 works automatically . . . " 1,16

aJZTi\° (fu\ "X think that in the Present state of ]aw- ^ agreed and understood between nations, the element of knowledge of the owners or master of the vessel has been eliminated altogether where such Tr7l portion of contraband is bemg carried as forms half the cargo in weight

X Vr rght • ' •• ThC praCtical rule ad°Pted in ^ Hdkan (391). of making the quantitative or qualitative extent of the contraband the test mstead of knowledge, avoids the necessity of the Courts embarkmg upon the very difficult and often unsatisfactory enquiry into the state ki* °f TT °r extent of information of the persons concerned 613. L apphcation de la règle de l'art. 40 n'est nullement restreinte aux cas oü le transport de la contrebande — absolue ou conditionneUe — se fait directement vers un port ennemi. Elle est également applicable a des transports par un port intermédiaire neutre (voyage continu).

Grande-Bretagne.

Maracaibo (482). „It was argued that the present case is distinguishable from the Hakan (391) on the ground that the voyage of the Hdkan was to an enemy port; whereas the voyage of the Maracaibo was to a neutral port, and that her cargo was only condemnable because it was carried over part of a „continuous voyage" to the enemy in enemy territory. — The prmcip es on which the Hdkan judgment was based, it was said did not apply to continuous voyage" cases. It was contended that in these latter knowledge must still be proved, and proved affirmatively by the captors. There does not seem to me to be any good reason for any such distinction.... In other words, if a vessel proceeding to a neutral port carries such a cargo as is properly captured as prize, because it is absolute or conditional contraband destined ultimately for enemy territory or for enemy forces, or bases of supply, the offence of the vessel is the same as if she were carrying conditional contraband to an enemy port and it would seem to me that the same penalty in respect of the vessel should foüow. If it is not necessary to prove the knowledge of the owners in the one case, it ought not to be in the other." Dans le même sens, implicitement :

Allemagne.

Pomona (978), vapeur néerlandais saisi en route pour Amsterdam ; Atlas (1220).

Italië.

Kyzicos, n°. 5 (351), vapeur grec déclaré de bonne prise pour cause

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