Manifest of Cargo. Bills of Lading. Le Rôle d'équipage (Crew-list). 161. Spain. La Patente real (Royal License). El Diario de Navigacion (Ship's Log-book). Charter-party (if Vessel is chartered). Custom-House Clearance. Manifest. Bills of Lading. El Rol (List of Crew). Bill of Health. 162. Sweden. A Passport from a Chief Magistrate or Commissioner of Customs. Bilbref (Builder's Certificate). Mätebref (Certificate of Measurement). Fribref (Certificate of Registry). Journalen (Ship's Log-book). Charter-party (if the Vessel is chartered). Custom-House Clearance. Manifest of Cargo. Bills of Lading. Folkpass or Sjomansrulla (Muster-roll). Vessels purchased by Swedish subjects in foreign ports are permitted, on application to the Royal Board of Commerce at Stockholm, to sail for one year with a provisional Bilbref and Mätebref and Sjomansrulla, and without a Fribref. 163. United States. Certificate of Registry. Sea-letter, or Certificate of Ownership. 164. A Neutral Vessel is permitted to carry on commerce with any port of the Enemy not being a port actually blockaded, provided such commerce be not Ĉontraband of war. 165. The term Contraband is applied to 1. Goods. 2. Persons. 4. Vessels. CONTRABAND GOODS. What are Contraband Goods. 166. In order that Goods on board a Neutral Vessel may be Contraband, two conditions are necessary: 1. The Goods must be fit for purposes of war exclusively or for purposes of war as well as of peace. 2. They must be destined for the use of the Enemy in war. Corresponding to these conditions, two points will have to be ascertained by the Commander, when he suspects a Vessel to be carrying Contraband, viz. : 1. The character of the Goods on board. 2. The destination of the Vessel, which is conclusive as to the destination of the Goods on board. 167. The character of the Goods will be ascertained by inspection of the Bills of Lading, the Invoices, and the Manifest; by inquiries from the Master and Crew; and, if necessary, by Search of the Vessel. 168. If the quantity of the Goods does not exceed that which may be required for the use of the Vessel and her Crew, then, whatever be their character, the Vessel is not to be detained.1 Goods Absolutely Contraband. 169. All Goods fit for purposes of war only, and certain other Goods which, though fit also for purposes of peace, are in their nature peculiarly serviceable to the Enemy in war, on board a Vessel which has a hostile2 destination, are Absolutely Contraband. 170. The list of Goods Absolutely Contraband comprises: Arms of all kinds and machinery for manufactur- Ammunition and materials for Ammunition, includ- Gunpowder and its materials, Saltpetre and Brim- Military Equipments and Clothing. Naval Stores, such as Masts, Spars, Rudders, and 1 Richmond, 5 C. Rob. 325. 2 As to the mode of determining the destination of the Vessel, see inf. Sec. 175-178. 3 Charlotte, 5 C. Rob. 305. Staadt Embden, 1 C. Rob. 27. 4 Twende Brodre, 4 C. Rob. 33. 5 Apollo, 4 C. Rob. 161. Evert, 4 C. Rob. 354. Gute Gesellschaft Michael, 4 C. Rob. 94. • Neptunus, 3 C. Rob. 108. 7 Jonge Tobias, 1 C. Rob. 329. Twee Juffrowen, 4 C. Rob. 242. Neptunus, 6 C. Rob. 408. 8 Charlotte, 5 C. Rob. 275. Fire-Bars; Marine Cement, and the materials used in the manufacture thereof, as Blue Lias and Portland Cement; Iron, in any of the following forms-Anchors, Rivet-Iron, AngleIron, Round Bars of from tog of an inch. diameter, Rivets, Strips of Iron, Sheet PlateIron exceeding of an inch, and Low Moor and Bowling Plates. Goods Conditionally Contraband. 171. All Goods fit for purposes of war and peace alike, (not hereinbefore specified as Absolutely Contraband), on board a Vessel which has a hostile destination, are Conditionally Contraband, that is, they are Contraband only in case it may be presumed that they are intended to be used for purposes of war. This presumption arises when such hostile destination of the Vessel is either the Enemy's Fleet at Sea or a hostile Port used exclusively or mainly for Naval or Military Equipment. 172. The list of Goods Conditionally Contraband comprises: Provisions and Liquors fit for the consumption of Money. Telegraphic Materials, such as Wire, Porous Cups, Materials for the construction of a Railway, as Iron Coals.14 Hay.15 Horses. Rosin. 16 173. It is part of the prerogative of the Crown during the war to extend or reduce the lists of Articles to be held 12 Haabet, 2 C. Rob. 182. Jonge Margaretha, 1 C. Rob. 191. Ranger, 6 C. Rob. 125. Edward, 4 C. Rob. 68. 13 See Parliamentary Papers, North America, No. 14, 1863, p. 5. 14 See Lord Kingsdown's Speech in the House of Lords, May 26, 1861. 15 Hosack, 45, 6. 17 Neptunus, 3 C. Rob. 108. 16 Nostra Signora de Begona, 5 C. Rob. 98. 18 Twende Brodre, 4 C. Rob, 37. Absolutely or Conditionally Contraband, subject, however, to any Treaty Engagements binding upon Great Britain. 174. If the Commander is satisfied that the Goods on board the Vessel are fit for purposes of peace exclusively, he should allow the Vessel to proceed on her course. Destination of Vessel. 175. If any of the Goods are fit for purposes either of War exclusively or of War as well as of Peace, the Commander of the Cruiser should proceed to ascertain the destination of the Vessel. This should be done by inspection of her Charter-party, her Log-book, and other documents; and by inquiries from her Master and Crew. 176. A Vessel's destination should be considered Neutral if both the port to which she is bound and every intermediate port at which she is to call in the course of her voyage be Neutral. 177. A Vessel's destination should be considered Hostile if either the port to which she is bound, or any intermediate port at which she is to call in the course of her voyage, be Hostile, or if in any part of her Voyage she is to go to the Enemy's Fleet at Sea. It frequently happens that a Vessel's destination is expressed in her Papers to be dependent upon contingencies. In such case the destination should be presumed Hostile, if any one of the ports which under any of the contingencies she may be intended to touch at or go to be Hostile; but this presumption may be rebutted by clear proof that the Master has definitively abandoned a Hostile destination, and is pursuing a Neutral one. 19 178. The destination of the Vessel is conclusive as to the destination of the Goods on board. If, therefore, the destination of the Vessel be Hostile, then the destination of the Goods on board should be considered Hostile also, notwithstanding it may appear from the Papers or otherwise that the Goods themselves are not intended for the Hostile port, but are intended either to be forwarded beyond it to an ulterior Neutral destination, or to be deposited at an intermediate Neutral port.20 On the other hand, if the destination of the Vessel be Neutral, 19 Imina, 3 C. Rob. 167. Trende Sostre, cited in the Lisette, 6 C. Rob. 390 n. 20 Richmond, 5 C. Rob. 336. Trende Sostre, cited in the Lisette, 6 C. Rob. 390 n. |