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APPENDIX VII.
" "Article 8.
"The provisions of the three preceding articles do not apply to ships taking part
in hostilities."
V.-NEUTRAL VESSELS IN PORT.
14. Neutral vessels will of course continue, subject to the laws of contraband and unneutral service, to visit belligerent ports which are not blockaded. Certain questions, perhaps of secondary importance, yet requiring consideration, arise generally out of the position of neutral vessels in British ports during any, even a late, stage of a war; but the terms of reference to the sub-committee seem to contemplate primarily the situation created by the presence of such vessels at, or immediately after, the outbreak of hostilities.
15. Neutral vessels may not be seized except for breach of blockade, for carrying contraband of war, or for rendering unneutral service.
Attempt to Break Blockade.
16. The first of these grounds need not in the present connection be treated at any length. In the unlikely event of a blockade of an enemy port or coastline being established almost simultaneously with the declaration of war, and of the blockaded coast being in such close proximity to this country that a neutral vessel could, immediately on leaving British waters at the outbreak of war, be considered to be "within the area of operations of the war-ships detailed to render the blockade effective," such vessel would be warned against and, if necessary, prohibited from sailing for the blockaded coast. Whatever action is taken must, of course, be in strict accordance with the terms of Chapter I of the Declaration of London.
Contraband.
17. The question of contraband, which affects enemy as well as neutral vessels, will be more conveniently treated separately later on.
Unneutral Service.
18. Neutral vessels are liable to capture and condemnation by a prize court for two classes of offence coming under the head of Unneutral Service. These are respectively defined in articles 45 and 46 of the Declaration of London, in which a ship so liable is described in the following terms :--
(Under article 45)
"(1.) If she is on a voyage specially undertaken with a view to the transport of individual passengers who are embodied in the armed forces of the enemy, or with a view to the transmission of intelligence in the interest of the enemy. "(2.) If, to the knowledge of either the owner, the charterer, or the master, she is transporting a military detachment of the enemy, or one or more persons who, in the course of the voyage, directly assist the operations of the enemy."
(Under article 46)
"(1.) If she takes a direct part in the hostilities.
C
(2.) If she is under the orders or control of an agent placed on board by the
enemy Government.
"(3.) If she is in the exclusive employment of the enemy Government.
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(4.) If she is exclusively employed at the time either for the transport of enemy troops or for the transmission of intelligence in the interest of the
enemy.
19. Perhaps not many of the contingencies contemplated in these articles are likely to arise in the case of vessels found in port or within territorial waters on the outbreak of war. The case however which may not improbably present itself is that of colliers chartered by the enemy government, either just about to sail with a cargo
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