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be enforced without risk to neutral ships or to neutral or noncombatant life, and in strict observance of the dictates of humanity;

And whereas the Allies of His Majesty are associated with Him in the steps now to be announced for restricting further the commerce of Germany:

His Majesty is therefore pleased, by and with the advice of His Privy Council, to order and it is hereby ordered as follows:

I. No merchant vessel which sailed from her port of departure after the 1st March, 1915, shall be allowed to proceed on her voyage to any German port.

Unless the vessel receives a pass enabling her to proceed to some neutral or allied port to be named in the pass, goods on board any such vessel must be discharged in a British port and placed in the custody of the Marshal of the Prize Court. Goods so discharged, not being contraband of war, shall, if not requisitioned for the use of His Majesty, be restored by order of the Court, upon such terms as the Court may in the circumstances deem to be just, to the person entitled thereto.

II. No merchant vessel which sailed from any German port after the 1st March, 1915, shall be allowed to proceed on her voyage with any goods on board laden at such port.

All goods laden at such port must be discharged in a British or allied port. Goods so discharged in a British port shall be placed in the custody of the Marshal of the Prize Court, and, if not requisitioned for the use of His Majesty, shall be detained or sold under the direction of the Prize Court. proceeds of goods so sold shall be paid into Court and dealt with in such manner as the Court may in the circumstances deem to be just.

The

Provided that no proceeds of the sale of such goods shall be paid out of Court until the conclusion of peace, except on the application of the proper Officer of the Crown, unless it be shown that the goods had become neutral property before the issue of this Order.

Provided also that nothing herein shall prevent the release of neutral property laden at such enemy port on the application of the proper Officer of the Crown.

III. Every merchant vessel which sailed from her port of departure after the 1st March, 1915, on her way to a port other than a German port, carrying goods with an enemy destination, or which are enemy property, may be required to discharge such goods in a British or allied port. Any goods so discharged in a British port shall be placed in the custody of the Marshal of the Prize Court, and, unless they are contraband of war, shall, if not requisitioned for the use of His Majesty, be restored by order of the Court, upon such terms

as the Court may in the circumstances deem to be just, to the person entitled thereto.

Provided that this Article shall not apply in any case falling within Articles II or IV of this Order.

IV. Every merchant vessel which sailed from a port other than a German port after the 1st March, 1915, having on board goods which are of enemy origin or are enemy property may be required to discharge such goods in a British or allied port. Goods so discharged in a British port shall be placed in the custody of the Marshal of the Prize Court, and, if not requisitioned for the use of His Majesty, shall be detained or sold under the direction of the Prize Court. The proceeds of goods so sold shall be paid into Court and dealt with in such manner as the Court may in the circumstances deem to be just.

Provided that no proceeds of the sale of such goods shall be paid out of Court until the conclusion of peace except on the application of the proper Officer of the Crown, unless it be shown that the goods had become neutral property before the issue of this Order.

Provided also that nothing herein shall prevent the release of neutral property of enemy origin on the application of the proper Officer of the Crown.

V.—(1) Any person claiming to be interested in, or to have any claim in respect of, any goods (not being contraband of war) placed in the custody of the Marshal of the Prize Court under this Order, or in the proceeds of such goods, may forthwith issue a writ in the Prize Court against the proper Officer of the Crown and apply for an order that the goods should be restored to him, or that their proceeds should be paid to him, or for such other order as the circumstances of the case may require.

(2) The practice and procedure of the Prize Court shall, so far as applicable, be followed mutatis mutandis in any proceedings consequential upon this Order.

VI. A merchant vessel which has cleared for a neutral port from a British or allied port, or which has been allowed to pass having an ostensible destination to a neutral port, and proceeds to an enemy port, shall, if captured on any subsequent voyage, be liable to condemnation.

VII. Nothing in this Order shall be deemed to affect the liability of any vessel or goods to capture or condemnation independently of this Order.

VIII. Nothing in this Order shall prevent the relaxation of the provisions of this Order in respect of the merchant vessels of any country which declares that no commerce intended for or originating in Germany or belonging to German subjects shall enjoy the protection of its flag.

Almeric FitzRoy.

INDEX

Abolition of contraband, treaty
stipulations, 101; theoretical
support, 102; British proposal
at Second Hague Conference,
102-4.

Absolute contraband, 96, 123,
166-7, 179-83; distinguished
from conditional, 96-7, 123,
135, 165.

Accidental contraband, 126.
Alabama claims, 2, 63, 64, 73.
American civil war, 73, 98, 151,
210.

American revolution, war of, 70.
Analogues of contraband, 9, 144–5.
Antiquity, contraband in, 20; in-

ternational law in, 21; neu-
trality in, 22.

Argentine Republic, sale of war-
ships by in 1904, 58-9.
Armed neutralities of 1780 and
1800, 70, 124, 195, 199.
Articles of contraband under Eliza-

beth, 106; vagueness of early
treaties, 107; and of early
jurists, 111; belligerent right to
determine list of, 107-8, 116,
178-9; treaty provisions, 109-
11; under Declaration of Lon-
don, 167, 169; in war of 1914–
15, 179-83.
Austria-Hungary, attitude of to-
wards contraband trade of her
subjects, 70, 71; considered
confiscation of contraband un-
necessary, 230; rule of as to
condemnation of vessel, 246–7.
Auxiliary cruisers, 193.

Base for armed forces, 171.
Bate, J. Pawley, on the inter-
national status of the neutral
trader, 91.

Belgium, attitude of towards con-
traband trade of her subjects,
71, 77, 79.

Belligerent complaints to neutral
states of contraband trade, 47,
72, 74, 83.

Belligerent discretion as to list of
contraband articles, 107-8, 116,
178-9.

Bernard, M., on responsibility of
the neutral state, 86.

Bismarck on the treatment of food
as contraband, 99, 132.
Black Book of the Admiralty, 32,
194.

Blockade, 2; German' blockade '
of the British Isles, 189; block-
ade of Germany under the Order
in Council of March 11, 1915,
190.

Bluntschli on the responsibility of

the neutral state, 76-7; on con-
ditional contraband, 127; on
doctrine of continuous voyage,
160; on practice of breaking
bulk, 210; on confiscation of
contraband, 228-9; on confis-
cation of non-contraband part
of cargo, 243.

Boer war, British attitude during,
as to treating food as contra-

band, 133; doctrine of con-
tinuous voyage maintained, 160.
Brazil, attitude of towards con-
traband trade of subjects, 71.
Breaking bulk, treaty provisions,
210; British attitude towards,
211; Dana's views on, 211;
Institute of International Law
on, 211; rule of Declaration of
London, 212; when captor may
compel, 213; Italian practice,
214.

British replies to United States
notes, 187, 219.

Bryan, Mr. Secretary, letter to
Mr. Stone, 84, 179, 186; on
responsibility of the neutral
state, 84.
Burleigh's proclamation as to
neutral trade with Spain, 38.
Bynkershoek, on the obligations
of neutrality, 55; on the sale of
contraband on neutral territory,
68-9; on the international

status of the neutral trader, 92;
on conditional contraband, 114-
15; on the confiscation of con-
traband, 223; on liability of
vessel and non-contraband part
of cargo, 236.

Calvo on the practice of breaking
bulk, 210.

Canon law, provisions of, 25-6;
extent of trade prohibitions,
26; their legal character, 27;
their influence on modern inter-
national law, 27-8.
Captor's expenses, payment of by
neutral carrier, 238, 249.
Capture of enemy goods, 3, 7.
Charles I's proclamation of Dec.

31, 1625, 51, 52, 108, 192; and
of March 4, 1627, 108, 109, 233,
251.

Charters of privileges granted to
foreign merchants, 31.

China, attitude of towards contra-

band trade of subjects, 71.
Chino-Japanese war, 74, 132, 159.
Civil law, provisions of, 23; their
legal character, 24; and in-
fluence on modern international
law, 24.

Coal, British prohibition of supply

of to French fleet in 1870, 2, 65.
Commercial adventure, carriage of
contraband considered as a, 90.
Compensation for wrongful seizure,

218; under British prize court
rules, 219.
Conditional contraband, distin-
guished from absolute, 96–7,
123, 135, 165; consignment
of to the enemy government,
97; German practice, 99, 100,
185; decisions of United States
prize courts, 122-3; modern
British doctrine, 123; contin-
ental practice, 124-6, 131; opin-
ions of continental jurists, 126-
8; abolition of discussed at the
Hague and London, 104, 166;
destination of under Declaration
of London, 170; and in war of
1914-15, 98, 183, 185.
Conflicting interests of belligerents
and neutrals, 42, 44.

Consolato del Mare, 32.
Consular certificates, 205.
Continuous voyage, doctrine of
not required for contraband by
conditions of transport during
Napoleonic wars, 143-4; ap-
plied in case of carriage of dis-
patches, 145; and to prevent
evasion of the rule of the war of
1756, 147; employment of more
than one ship, 148; at what
part of voyage capture may take
place, 148-9; application of
doctrine to contraband by
France in 1855, 151; and by
the United States during the
American civil war, 151-3;
British attitude, 154-5; neces-
sity for doctrine under modern
conditions, 156; later practice
of nineteenth century, 157; dis-
cussion of doctrine at Institute
of International Law, 157-8;
applied by Italy in 1896, 159;
and maintained by Great Britain
during the Boer war, 160; atti-
tude of the Powers at the Lon-
don Conference, 162; rules of
the Declaration of London, 168,
172; practice in the war of
1914-15, 183-4.
Contraband, antiquity of notion
of, 20.

Contracts relating to contraband,
enforcement of, 81.
Contrebande par accident, 9.
Conversion of merchant ships into
men-of-war, 193.

Convoy, origin of doctrine in seven-

teenth century, 195; capture
of Swedish convoy in 1798, 196;
dispute with Denmark in 1800,
199; Anglo-Russian treaty of
1801, 199; practice of nine-
teenth century, 200; discus-
sion at Institute of Interna-
tional Law, 200; provisions of
Declaration of London, 204.
Crimean war, 77, 200.
Criteria of enemy or neutral char-
acter, 6.

Crusades, contraband during the,
24-6.

Customary law of contraband,
establishment of, 41.

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