ART. 33.--Conditional contraband is liable to capture if it is shown
to be destined for the use of the armed forces or of a government
department of the enemy state, unless in this latter case the
circumstances show that the goods cannot in fact be used for the
purposes of the war in progress. This latter exception does not apply
to a consignment coming under Article 24 (4).
ART. 34.---The destination referred to in Article 33 is presumed to
exist if the goods are consigned to enemy authorities, or to a
contractor established in the enemy country who, as a matter of
common knowledge, supplies articles of this kind to the enemy. A
similar presumption arises if the goods are consigned to a fortified
place belonging to the enemy, or other place serving as a base for
the armed forces of the enemy. No such presumption, however, arises
in the case of a merchant vessel bound for one of these places if it
is sought to prove that she herself is contraband. In cases where the
above presumptions do not arise, the destination is presumed to be
innocent. The presumptions set up by this article may be rebutted.
ART. 35.--Conditional contraband is not liable to capture, except
when found on board a vessel bound for territory belonging to or
occupied by the enemy, or for the armed forces of the enemy, and when
it is not to be discharged in an intervening neutral port. The ship's
papers are conclusive proof both as to the voyage on which the vessel
is engaged and as to the port of discharge of the goods, unless she
is found clearly out of the course indicated by her papers, and
unable to give adequate reasons to justify such deviation.
ART. 36.--Notwithstanding the provisions of Article 35, conditional
contraband, if shown to have the destination referred to in Article
33, is liable to capture in cases where the enemy country has no
seaboard.
ART. 37.--A vessel carrying goods liable to capture as absolute or
conditional contraband may be captured on the high seas or in the
territorial waters of the belligerents throughout the whole of her
voyage, even if she is to touch at a port of call before reaching the
hostile destination.
ART. 38.--A vessel may not be captured on the ground that she has
carried contraband on a previous occasion if such carriage is in
point of fact at an end.
ART. 39.--Contraband goods are liable to condemnation.
ART. 40.--A vessel carrying contraband may be condemned if the
contraband, reckoned either by value, weight, volume or freight,
forms more than half the cargo.
ART. 41.--If a vessel carrying contraband is released, she may be
condemned to pay the costs and expenses incurred by the captor in
respect of the proceedings in the national prize court and the
custody of the ship and cargo during the proceedings.
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