The Indus

CourtPrize Court (Germany)
Docket NumberCase No. 206
Date05 m 1940
German Prize Court.
Case No. 206
The Anglo;
The Indus.

Prize Law — Carriage of Contraband — Liability of Vessel to Condemnation — Quantitative Test.

The German Prize Court of Hamburg held in a number of cases that a neutral vessel is liable to condemnation according to Articles 14 (2) (1) and 29 (2) of the German Prize Regulations if the entire cargo or more than half of it consists of contraband. It was held, also, that claims for compensation and for costs must fail in these circumstances, even if the vessel has been requisitioned in the meantime. See The Indus, The Edda, decided on December 5, 1940. And see The Anglo, decided on December 19, 1940, where the Court said: “According to Article 28 (2) of the German Prize Regulations the decision whether the vessel must be condemned depends upon whether it carried contraband, and whether the value, weight, volume or freight exceeded one half of the value, weight, volume or freight of the entire cargo”. See also The Wirpi, decided on March 28, 1941...

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