Declaration of War: a Survey of the Position of Belligerents And Neutrals With Relative Considerations of Shipping And Marine Insurance During War

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90, swpra.
(i) See the cases cited in Hazlitt & Roche's Maritime Warfare, p. 306.
\k) The Hoop, 1 Roh. 196, 219 ; The Wilhelmiiia, 2 Rob. 101, note.
z2 340 Belligerent Obligations.
delivery of the goods at their destination. As between the owner of the goods and the carrier, delivery to a captor is to he looked upon as a delivery under the contract of affreight- ment, although effected short of the agreed destination ; the captor heing regarded as standing, by the rights of war, in the place of
... the consignee (/). This is the general rule as regards captors' liability, but there are exceptions to it.
Thus, if the goods seized be contraband of war, no freight will be payable to the carrier (w), for, as already observed (w), neutral masters must be made to understand that the engage- ment in a prohibited traffic is attended by the risk of depriva- tion of freight if the goods be seized. But it is reasonable to suppose that neutrals who engage in such transactions with their eyes open to its contiagencies will, in most cases, take care that the freight, or the greater part of it, shall be pay- able on shipment, and not on delivery.


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