of any imports from ports other than those specified in schedule I., or in respect of individual consignments not exceeding £100 in value.

Any goods, wares, or merchandise imported from the above-mentioned foreign ports, except as provided in the preceding paragraph, unaccompanied by certificates of origin will be detained by the Commissioners of Customs and Excise until the requisite certificates are produced. The Commissioners are, however, authorized in such cases, and at their discretion, to allow delivery of the goods on the security of a deposit or of a bond to the amount of three times the value of the goods with a view to the production of the necessary certificates within a prescribed period, provided that they see no reason for suspecting that the goods emanate from an enemy country.

"The following goods will be exempt from these requirements:(a) Goods imported or exported under licence; (b) goods shipped for the United Kingdom on or before October 19; (c) goods in respect of which customs export entries have been accepted before October 9."

Schedule I. contains a list of ports in Norway, Sweden, Denmark, Netherlands, and Italy, in respect of imports from which certificates of origin will be required. The notice to traders was soon amended by an order of the Board of Trade issued on November 7th, by which destination to all foreign places as well as ports was required to be stated in the case of all exports. The exemption from the requirement of certificates of origin of imports was extended to timber, wood-pulp, crude oil, granite, and several other articles, as well as to imports from places other than those in Norway, Sweden, Denmark, Holland, Switzerland, and Italy (i. e., the countries through which Germany was notoriously doing her export trade). On the other hand, the former limit of £100 for exemption of any individual consignments was reduced to £25 so as to enforce a stricter control over imports from the suspected countries.

The doctrine of continuous voyage was applied by the Prize Court during the Napoleonic wars to cargoes involved in trade with the enemy so as to justify their condemnation, although taken when on a voyage from a neutral port to British territory or vice versa. These rules issued by the Board of Trade were designed by measures in port to prevent evasion of the rules against trading with the enemy, through the colorable interposition of a neutral port.

A special restriction of trade extending beyond actual intercourse with the enemy was enacted as regards the importation into England of sugar. When Germany was known to be endeavoring to raise credit in neutral countries by the export of her home manufactured sugar, the Board of Trade assumed the control of the whole sugar supply of the country and laid in a store sufficient for all needs for six months, and an Order in Council was issued which forbade altogether (1) the importation of any raw or refined sugar from any part of Europe which was derived from the enemy country, and of any refined sugar which had been manufactured in a neutral country from the raw material of the enemy territory; (2) the dealing with any such sugar. It was sought in this way to restrict Germany's opportunity of disposing of her stock, because neutral states being unable to export refined sugar to England would not import from the enemy country. Subsequently on October 27th a more drastic prohibition was issued forbidding the import of sugar altogether save when it has been ordered under contracts made with neutrals before August 4th. It was hoped thus more completely to hamper the commerce of the enemy. The action of the English Government may be compared with the attempt of the United States Government in the Civil War to prevent the Confederates moving their supplies of cotton.

During the first few months of the war no prize case was brought on the ground of a ship and cargo being involved in trading with the enemy. It is anticipated, however, that despite the precautions taken by the executive within the realm, cases will arise and that cargo tainted on this ground will not be protected as enemy property on neutral ships by the Declaration of Paris. The cargoes are not seized as enemy property but as a particular kind of contraband, being prohibited commerce under the municipal law of the belligerent country.

It is remarkable, on the other hand, that the criminal courts have had to deal with a number of cases of alleged trading by British subjects or resident aliens with the enemy. The strictness with which the authorities applied the statutes may be gathered from the nature of several prosecutions which were brought against persons who had not the mens res usually required before a criminal charge is made, but who, it was urged had broken the letter of the law. Thus the Court

of Criminal Appeal upheld the conviction of a German resident in England and naturalized who paid to a Dutch firm during the war a debt due from a branch of his business at Frankfort which was managed by his brothers. The money was due before the outbreak of war and the brothers had been interned in Germany on suspicion of being British subjects, so that they were unable to pay: the Dutch firm had refused to carry on business with the London house unless the debt were paid. The court held that the motive in paying the debt was immaterial, and if the payment in fact enured to the benefit of the alien enemy-in this case the brothers who had carried on business in Frankfort the offence was committed (Rex v. Kupfer). In another case an English shipping merchant was convicted because he allowed a Dutch branch of his firm to make a contract for the carriage of Swedish goods up the Rhine to Germany. But the court there held that as he had acted in good faith and might reasonably have thought that trade by the neutral house with Germany was legalized by the proclamation, though he himself took part in it from England, the technical offence was sufficiently met by a nominal fine (Rex v. Drughorn).

The Trading with the Enemy Act was found indeed to require serious amendment both with a view to preventing the payment to enemies and for preserving money and property in the Kingdom belonging to enemy subjects, with a view to arrangements to be made at the conclusion of peace. With these aims an Act was passed through Parliament at the end of November which contains a number of novel and striking provisions (5 Geo. V, Ch. 12). By Section 1 the Public Trustee is appointed to be the custodian for the purpose of receiving, holding, preserving and dealing with enemy property in the realm. By Section 2 all dividends, interests and shares of profits belonging to an alien enemy are to be paid to him and he will hold them subject to the provisions of the Act. Penalties of imprisonment up to six months or a fine of £100 are provided against failure to make full payment to the custodian or to furnish him with the necessary particulars of money owing to alien enemies. Any person holding or managing real or personal property for or on behalf of an enemy is required within a month to notify the custodian; and every company incorporated or having a share registration office in the Kingdom is required within the same period to com

municate full particulars of any share, debenture, or other obligation of the company held by or for an enemy. A similar duty is imposed on partners in a firm with an enemy interest. By Section 4 the court. may vest in the custodian any property belonging to or held on behalf of an enemy whenever it seems expedient: such property cannot be attached or taken in execution, but may be used to pay any debts of the enemy if the court so directs. Subject to these powers and any directions of the court, the custodian will hold the property till the termination of the war. Section 6 is designed to invalidate the assignment of debts or bills of exchange or other choses in action by or on behalf of an enemy to neutrals, and makes it an offence to pay any debt so assigned. Section 8 invalidates the transfer of any shares, debentures, etc., of an enemy during the war; and Section 9 requires a statutory declaration to be made on the incorporation of a new company to satisfy the registrar that the company is not formed for the purpose of acquiring or taking over any part of the undertaking of an enemy person or firm or company which under the original Act was liable to inspection. Section 10 extends the offence of trading with the enemy to any person who offers or attempts to trade, and to any person who aids or abets trading. Other sections give increased powers of inspection and control of businesses with an enemy interest.

The two-fold purpose of the bill was to give state protection to the property of the enemy in the country so as to prevent any improper private spoliation of their goods and interests; and to secure more completely the stopping of all commercial dealings between the belligerent countries and the prevention of any indirect enrichment of the enemy country from persons resident in England. The appointment of the custodian and the powers given to him are a very complete recognition of the principle laid down in the Hague Rules of War that the private property of the enemy on land is not to be confiscated or disturbed; while the invalidation of all assignments of debts from enemy persons complements the old common law which forbade any payment to be made directly to or for an enemy. The act then applies the international, and straightens the national law about relations with enemy property.

NORMAN BENTWICH.

SOME QUESTIONS OF INTERNATIONAL LAW IN THE

EUROPEAN WAR1

VI

CONTRABAND, RIGHT OF SEARCH, AND CONTINUOUS VOYAGE

By an order in council issued on the 4th of August, 1914, the British Government announced a list of articles which it proposed to treat as contraband "during the war with the German Emperor"; by an order of August 12th the first mentioned order was extended to the war with "the Emperor of Austria-King of Hungary," and by an order of September 21st certain additions were made to the list of contraband articles published in the two preceding orders. By an order in council of October 29th the list of contraband articles in the earlier proclamations was withdrawn in consequence of the complaint of the Swedish Government that it included metallic ores, which were on the free list in the Declaration of London, and that the treatment of such articles as contraband would seriously injure Swedish trade. A new list was therefore substituted, from which ores were omitted.

The earlier lists were practically identical with those of the Declaration of London, except that metallic ores, as has been said, were added, and that air craft and their accessories, which are on the list of conditional contraband in the Declaration, were put on the list of absolute contraband by the English order. Furthermore, unwrought copper, which is not listed in the Declaration of London either as conditional or absolute contraband, was by the order in council of September 21st put on the list of conditional contraband and by the order of October 29th it was transferred to the list of absolute contraband. By the latter order, nickel, iron pyrites, ferro chrome, lead, motor vehicles, rubber, mineral oils, and various other articles were placed on the list of absolute contraband. Hides, pig skins, leather suitable for saddlery, harness or 1 Continued from the January number, pp. 72–112.