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unfavourable consideration, being a manufacture prepared for immediate use.
But the most important distinction is, whether the articles were intended for the ordinary use of life, or even for mercantile ships' use; or whether they were going with a highly probable destination to military use? Of the matter of fact, on which the distinction is to be applied, the nature and quality of the port to which the articles were going, is not an irrational test; if the port is a general commercial port, it shall be understood that the articles were going for civil use, although occasionally a frigate or other ships of war, may be constructed in that port. Contra, if the great predominant character of a port be that of a port of naval military equipment, it shall be intended that the articles were going for military use, although merchant ships resort to the same place, and although it is possible that the articles might have been applied to civil consumption; for it being impossible to ascertain the final use of an article ancipitis usus, it is not an injurious rule which deduces both ways the final use from the immediate destination, and the presumption of a hostile use, founded on its destination to a military port, is very much inflamed, if at the time when the articles were going, a considerable armament was notoriously preparing, to which a supply of those articles would be eminently useful.
In the case of The Endraught, cited for the claimant, the destination was to Bordeaux; and though smaller vessels of war may be occasionally built and fitted out there, it is by no means a port of naval military equipment in its principal occupation, in the same manner as Brest is universally known
The court, however, was unwilling, in the present case, to conclude the claimant on the mere point of destination, it being alleged that the cheeses were not fit for naval use, but were merely luxuries for the use of domestic tables. It therefore permitted both parties to exhibit affidavits as to their nature and quality. The claimant has exhibited none; but here are authentic certificates from persons of integrity and knowledge, that they are exactly such cheeses as are used in British
ships, where foreign cheeses are used at all; and that they are exclusively used in French ships of war.
Attending to all these circumstances, I think myself warranted to pronounce these cheeses to be contraband, and condemn them as such. As, however, the party has acted without dissimulation in the case, and may have been misled by an inattention to circumstances, to which in strictness he ought to have adverted, as well as by something like an irregular indulgence on which he has relied; I shall content myself with pronouncing the cargo to be contraband, without enforcing the usual penalty of the confiscation of the ship belonging to the same proprietor. — (1, C. Rob., 189.)
11. The Declaration of London, 1909
Chapter I - Blockade in Time of War
Article 1 A blockade must not extend beyond the ports and coasts belonging to or occupied by the enemy.
Article 2 In accordance with the Declaration of Paris of 1856, a blockade, in order to be binding, must be effective - that is to say, it must be maintained by a force sufficient really to prevent access to the enemy coastline.
Article 3 The question whether a blockade is effective is a question of fact.
Article 4 A blockade is not regarded as raised if the blockading force is temporarily withdrawn on account of stress of weather.
Article 5 A blockade must be applied impartially to the ships of all nations.
Article 6 The commander of a blockading force may give permission to a war-ship to enter, and subsequently to leave, a blockaded port.
Article 7 In circumstances of distress, acknowledged by an officer of the blockading force, a neutral vessel may enter a place under blockade and subsequently leave it, provided that she has neither discharged nor shipped any cargo there.
Article 8 A blockade, in order to be binding, must be declared in accordance with Article 9, and notified in accordance with Articles 11 and 16.
Article 9 A declaration of blockade is made either by the blockading Power or by the naval authorities acting in its name.
It specifies (1) The date when the blockade begins; (2) The geographical limits of the coastline under blockade; (3) The period within which neutral vessels may come out.
Article 10 If the operations of the blockading Power, or of the naval authorities acting in its name, do not tally with the particulars, which, in accordance with Article 9, (1) and (2), must be inserted in the declaration of blockade, the declaration is void, and a new declaration is necessary in order to make the blockade operative.
(1) To neutral Powers, by the blockading Power by means of a communication addressed to the Governments direct, or to their representatives accredited to it;
(2) To the local authorities, by the officer commanding the blockading force. The local authorities will, in turn, inform
the foreign consular officers at the port or on the coastline under blockade as soon as possible.
The rules as to declaration and notification of blockade apply to cases where the limits of a blockade are extended, or where a blockade is re-established after having been raised.
The voluntary raising of a blockade, as also any restriction in the limits of a blockade, must be notified in the manner prescribed by Article 11.
Article 14 The liability of a neutral vessel to capture for breach of blockade is contingent-on her knowledge, actual or presumptive of the blockade.
Article 15 Failing proof to the contrary, knowledge of the blockade is presumed if the vessel left a neutral port subsequently to the notification of the blockade to the Power to which such port belongs, provided that such notification was made in sufficient time.
Article 16 If a vessel approaching a blockaded port has no knowledge, actual or presumptive, of the blockade, the notification must be made to the vessel itself by an officer of one of the ships of the blockading force. This notification should be entered in the vessel's logbook, and must state the day and hour, and the geographical position of the vessel at the time.
If through the negligence of the officer commanding the blockading force no declaration of blockade has been notified to the local authorities, or, if in the declaration, as notified, no period has been mentioned within which neutral vessels may come out, a neutral vessel coming out of the blockaded port must be allowed to pass free.
Article 17 Neutral vessels may not be captured for breach of blockade except within the area of operations of the war-ships detailed to render the blockade effective.
Article 18 The blockading forces must not bar access to neutral ports or coasts.
Article 19 Whatever may be the ulterior destination of a vessel or of her cargo, she cannot be captured for breach of blockade, if, at the moment, she is on her way to a non-blockaded port.
Article 20 A vessel which has broken blockade outwards, or which has attempted to break blockade inwards, is liable to capture so long as she is pursued by a ship of the blockading force. If the pursuit is abandoned, or if the blockade is raised, her capture can no longer be effected.
Article 21 A vessel found guilty of breach of blockade is condemned. The cargo is also condemned, unless it is proved that at the time of the shipment of the goods the shipper neither knew nor could have known of the intention to break the blockade.
Chapter II — Contraband of War
Article 22 The following articles may, without notice, be treated as contraband of war, under the name of absolute contraband:
(1) Arms of all kinds, including arms for sporting purposes, and their distinctive component parts.
(2) Projectiles, charges, and cartridges of all kinds, and their distinctive component parts.
(3) Powder and explosives especially prepared for use in war.