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P. vii., Сн. xiii. PRIZES AND PRIZE COURTS.
297
(b) Articles constituting the property of neutral States or of
the subjects of neutral States, unless they come under the head
of contraband of war.
All articles found on board of a vessel captured from an enemy
are regarded as the property of the enemy, unless the opposite can
be proved. (Art. 10.)
Merchant vessels belonging to a neutral state are liable to
confiscation as prizes of war in the following cases :—
1. When captured in the act of conveying to the enemy, or to one
•of the enemy’s ports :—
(a) Fire-arms and all accessories to such, or fulminating or
explosive substances, in any quantity whatever ;
(b) Other contraband of war, in quantities exceeding, either in
bulk or weight, one half of the entire cargo ;
(c) Reinforcements for the enemy, if, in such cases, it cannot be
proved that the declaration of war was not, at the time of capture,
known to the master of the vessel.
2. If captured while attempting to run the blockade, unless it
can be shown that the fact of the blockade was not known to the
master of the vessel.
3. When armed resistance is offered by a vessel to examination
or detention ; and
4. When a vessel has participated in the offensive operations of
the enemy. (Art. 11.)
The cargo of a merchant vessel belonging to a neutral State is
liable to confiscation in the following cases :—
1. When such cargo comes under the head of contraband of war,
and is being conveyed to the enemy or to one of the enemy’s ports,
unless it can be shown that the fact of the declaration of war was
not known at the time to the master of the vessel, and,
2. When such cargo is on board of a vessel that is liable to
confiscation on the basis of paragraphs 2-4 of Art. 11 {supra), and it
cannot be shown that such cargo is the property of Russian subjects,
or that it belongs to neutral persons who were not concerned in the
acts which have involved confiscation of the vessel (Art. 12).
If it is only contraband of war that is liable to confiscation, while
the vessel is released (see preceding paragraphs), the vessel is only
liable to detention until the contraband can be taken over. The
transfer may, at the option of the captor, be made either at the place
of capture, or after bringing the vessel to port (Art. 14).
The right to detain, examine, and arrest vessels belonging to the
enemy or vessels and cargoes that are suspected, appertains to the
ships of the Imperial Navy. This right is extended to vessels of the
merchant fleet in the following exceptional cases only :—
1. When attacked by an enemy’s ship or any other suspicious vessel,
and,
2. When rendering assistance to Russian or allied vessels so
attacked.
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