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§ 646.

partly accomplished. What, then, ought to be the rule ? It is possible that even if the cargo is not carried to its destination, it would be just in some cases that the whole amount of the freight should be paid For instance, suppose an enemy cargo were shipped before the war from Australia for Hamburg and were seized near British waters and taken to Bristol • it may be that it would be fair to pay the shipowners the full freight On the other hand, suppose a cargo of enemy goods had been shipped before' the war from Bristol, and destined for Cameroon or Kiao Chau and were seized, as in this case, at Swansea; it would be whoüy inequitable for the shipowners to claim, or for the captors to be subject to, payment of the full freight, even though by the contract it was due on shipment at Bristol.

In the present case where only a comparatively small part of the voyage was made1), I think the whole freight ought not to be allowed. What part should be allowed I will refer to the Registrar and Merchants to say. But I must give them some directiön or guidance, although no strict rule can be laid down which would be universally applicable. Cases differ greatiy The phrase pro rata itineris has been used in some cases. But this does not import a mere arithmetical calculation of distances or times. The only rule which I propose to state for the guidance of the Registrar and Merchants is this : — Such a sum is to be allowed for freight as is fair and reasonable in all the circumstances, regard being had to the rate of freight originally agreed (although this is not necessarüy conclusive in aü cases), to the extent to which the voyage has been made, to the labour and cost expended, or any special charges incurred m respect to the cargo seized before its seizure and unlivery, and to the benefit accruing to the cargo from the carriage on the voyage up to the seizure and unlivery • but no sum is to be aüowed in respect of any mconvemences or delay 'attributable to the state of war, or to the consequent détention and seizure. — I am conscious that the rule is not precise. I doubt whether any precise rule could be laid down

Dans 1'affaire du Tredegar Hall (166), la cour des piises avait a statuer seulement sur des demandes accessoires [voir § 653] ; ici, la Couronne avait de plein gré accordé a 1'armateur le fret intégral. Le navire britannique en question était parti de ports argentins avant la guerre a destination de Hambourg et Emden, mais le 5 aoüt 1914, ü avait dévié et était entré, par ordre de 1'Amirauté anglaise, dans Portland Harbour, d'oü enfin ü gagna Cork.

There might be some question to be determined in accordance with thé' principles I laid down in Thejuno (27) as to the amount of freight to which this vessel was entitled in these cbcumstances ; but no such question remains open in this particular case, because the Crown (through the Procurator-General) have paid to the shipowners the whole of the

1) II s'agissait ici d'un transport de Bristol k Amsterdam.