ation referred to in Article
33, is liable to capture in cases where the enemy country has no
seaboard.
ART. 37.--A vessel carrying goods liable to capture as absolute or
conditional contraband may be captured on the high seas or in the
territorial waters of the belligerents throughout the whole of her
voyage, even if she is to touch at a port of call before reaching the
hostile destination.
ART. 38.--A vessel may not be captured on the ground that she has
carried contraband on a previous occasion if such carriage is in
point of fact at an end.
ART. 39.--Contraband goods are liable to condemnation.
ART. 40.--A vessel carrying contraband may be condemned if the
contraband, reckoned either by value, weight, volume or freight,
forms more than half the cargo.
ART. 41.--If a vessel carrying contraband is released, she may be
condemned to pay the costs and expenses incurred by the captor in
respect of the proceedings in the national prize court and the
custody of the ship and cargo during the proceedings.
ART. 42.--Goods which belong to the owner of the contraband and are
on board the same vessel are liable to condemnation.
ART. 43.--If a vessel is encountered at sea while unaware of the
outbreak of hostilities or of the declaration of contraband which
applies to her cargo, the contraband cannot be condemned except on
payment of compensation; the vessel herself and the remainder of the
cargo are not liable to condemnation or to the costs and expenses
referred to in Article 41. The same rule applies if the master, after
becoming aware of the outbreak of hostilities, or of the declaration
of contraband, has had no opportunity of discharging the contraband.
A vessel is deemed to be aware of the existence of a state of war, or
of a declaration of contraband, if she left a neutral port
subsequently to the notification to the power to which such port
belongs of the outbreak of hostilities or of the declaration of
contraband respectively, provided that such notification was made in
sufficient time. A vessel is also deemed to be aware of the existence
of a state of war if she left an enemy port after the outbreak of
hostilities.
ART. 44.--A vessel which has been stopped on the ground that she is
carrying contraband, and which is not liable to condemnation on
account of the proportion of contraband on
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