ART. 42.--Goods which belong to the owner of the contraband and are
on board the same vessel are liable to condemnation.
ART. 43.--If a vessel is encountered at sea while unaware of the
outbreak of hostilities or of the declaration of contraband which
applies to her cargo, the contraband cannot be condemned except on
payment of compensation; the vessel herself and the remainder of the
cargo are not liable to condemnation or to the costs and expenses
referred to in Article 41. The same rule applies if the master, after
becoming aware of the outbreak of hostilities, or of the declaration
of contraband, has had no opportunity of discharging the contraband.
A vessel is deemed to be aware of the existence of a state of war, or
of a declaration of contraband, if she left a neutral port
subsequently to the notification to the power to which such port
belongs of the outbreak of hostilities or of the declaration of
contraband respectively, provided that such notification was made in
sufficient time. A vessel is also deemed to be aware of the existence
of a state of war if she left an enemy port after the outbreak of
hostilities.
ART. 44.--A vessel which has been stopped on the ground that she is
carrying contraband, and which is not liable to condemnation on
account of the proportion of contraband on board, may, when the
circumstances permit, be allowed to continue her voyage if the master
is willing to hand over the contraband to the belligerent warship.
The delivery of the contraband must be entered by the captor on the
log-book of the vessel stopped, and the master must give the captor
duly certified copies of all relevant papers. The captor is at
liberty to destroy the contraband that has been handed over to him
under these conditions.
See Hautefeuille, _Des droits et devoirs des nations neutres_ (2nd
ed., 1858); Perels, _Droit maritime international_, traduit par
Arendt (Paris, 1884); Moore, _Digest of International Law_ (1906); L.
Oppenheim, _International Law_ (1907); Barclay, _Problems of
International Practice and Diplomacy_ (1907). See also Hall,
_International Law on Analogues of Contraband_; Smith and Sibley,
_International Law as interpreted during the Russo-Japanese War,
1905_, on "Malacca" and "Prinz Heinrich" cases (mails). (T. BA.)
FOOTNOTE:
[1] See Springbok case, 1866, 5 Wallace I.; on _Doelwijk_ case see
Brusa, _Rev. gen. de droit international public_ (1897); Fauchille
_id._ (1897), p. 291, also _The Times_, April 15, May 25, June 1,
1897.
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