Who are Enemies.

20. Any person is an Enemy, for the purposes of this Chapter, irrespectively of his Nationality, who resides and carries on trade in the Enemy's Territory.1

21. A place only in temporary occupation by the Enemy is not necessarily to be considered as Enemy's Territory.2

22. Conversely, no person, although of Enemy Nationality, who resides and carrries on trade in British, Allied, or Neutral Territory is an Enemy.3

23. The place where a person resides and trades is sometimes described as that of his "Commercial Domicil."4

24. Trading in a country, without residence there, may confer a "Commercial Domicil" in that country.5

25. So also may residence in the Enemy's Territory on the part of a person engaged in trade in a Neutral country.

26. A person may have different Commercial Domicils, according to the course of different transactions.7

'Indian Chief, 3 C. Rob. 12. Ann, 1 Dods. 221. Joanna Emilie, Spinks 12. Abo. Spinks, 42.

2Santa Anna, Edwards, 180. Gerasimo, 11 Moore P.C. 88.

3

3 Danous, 4 C. Rob. 255n. Postilion, Hay and Marriott, 245.

Baltica,

4 Sometimes also as that of his "National Mercantile Character." Spinks, 264; where see Dr. Lushington's remarks upon the confusion which results from applying to these cases the rules as to Domicil, properly so called. See also Note III. in the Appendix to Professor Dicey's treatise on Domicil.

5 Jonge Klassina, 5 C. Rob. 297. S. Jose Indiano, 1 Wheat. 208.

"S. Jose Indiano, 1 Wheat. 208.

'Two Brothers, 1 C. Rob. 132.

27. The Commercial Domicil of a Consul who trades is in the place of his Trade, not in the country which he represents.1

28. The Commercial Domicil of European traders in the East is that of the factory or association under whose protection they carry on their trade.2

29. A Commercial Domicil is retained till another is bonâ fide acquired, but is more readily changed than a domicil properly so called.3

30. A person engaged in Enemy navigation is also an Enemy, for the purposes of this Chapter, not only in respect of the particular Vessel in which he is employed, but also in respect of other Vessels belonging to him that have no distinct national character impressed upon them.4

31. The Commercial Domicil of the Owner of a Vessel will be ascertained from her Papers-e.g., her Register (if any), or the Builder's Contract, if the Vessel is a new one; or the Bill of Sale, if the Vessel has been lately transferred; or from inquiry from the Master, who is bound to be acquainted with the name and Commercial Domicil of the Owner.

Exemption in favour of Cartel Ships.

32. Enemy Vessels actually engaged in Cartel service are exempt from Detention, and this alike when they actually have prisoners on board and when they are empty, whether going to fetch prisoners or returning after having delivered them.5

1 Indian Chief, 3 C. Rob. 27. Baltica, Spinks, 264.

2 Indian Chief, 3 C. Rob. 29.

Ernst Merck, Spinks, 102.

+ Vriendschap, 5 C Rob. 166. Cf. Soglassie, Spinks, 104. 5 Daifjie, 3 C. Rob. 139. La Gloire, 5 C. Rob. 192.

33. Cartel Vessels ought to be furnished with a Pass from a Commissary of Prisoners in the country of one of the Belligerents; but the Commander should not detain a Vessel, though not furnished with such a Pass, if there is substantial evidence of any kind that she is bonâ fide actually being employed as a Cartel Vessel.1

34. The fact that a Vessel sails under a Flag of Truce or under the Flags of both Belligerents at the same time will not alone be sufficient evidence that she is being employed as a Cartel Vessel. A vessel professedly going to seek employment in the Cartel service, but navigated by the Master on his own responsibility, without a Pass from a Commissary of Prisoners, is not entitled to be considered a Cartel Vessel.3

35. Cartel Vessels are not at liberty to traffic or to carry any cargo whatever or Despatches; if they do, they are liable to Detention.1

Other Exemptions.

36. Ships engaged exclusively on a voyage of Scientific Discovery are usually exempt from Detention; as may be, though only under special instructions, boats engaged in coast fisheries.5

Fate of the Vessel and Cargo.

37. The Vessel will be condemned, as also will Enemy cargo. Neutral cargo will be free (except Contraband). The fate of British or Allied cargo will depend upon special circumstances.

CHAPTER IV.

BRITISH VESSELS AND VESSELS OF AN ALLY.

38. The Commander should detain any British Vessel which he may meet with trading with the Enemy, unless either:

(1.) He is satisfied that her Master was pursuing such trade in ignorance that war had broken out,1 or (2.) The Vessel is pursuing such trade under a Licence from the British Government.?

39. The Commander should also detain any British Vessel which may be acting in the service of the Enemy by carrying Military Persons or Despatches (a topic which will be more conveniently discussed with reference to Neutral Vessels so acting. See chapter VII.)

What are British Vessels.

40. The Commander will be justified in treating as a British Vessel

1. Any Vessel sailing under a British Flag and Pass. 2. Any Vessel carrying a Certificate of British Registry.

3. Any Vessel owned by a British Subject, as hereinafter defined (see §§ 41, 42).

4. Any Vessel apparently owned by a person having a Neutral Commercial Domicil, if such person has acquired the ownership by a Transfer from a British subject made after the Vessel had started upon the voyage during which she is

met with, and has not yet actually taken possession of her.

5. Any Vessel apparently owned by a person having a Neutral Commercial Domicil, if such person has acquired the ownership by a Transfer from a British subject made at any time during the war, or previous to the war but in contemplation of its breaking out, unless there is satisfactory proof that the Transfer was bonâ fide and complete.1

Who are British Subjects.

41. Any person is a British subject, for the purposes of this Chapter, irrespectively of his Nationality, whose Commercial Domicil" is British.

42. A "British Commercial Domicil" is ascertainable upon the principles already laid down with reference to an "Enemy Commercial Domicil," supra, Chapter III., §§ 20-30.

43. The Commercial Domicil of the Owner of a Vessel will be ascertained from her Papers-e.g., her Register (if any); or the Builder's Contract, if the Vessel is a new Vessel; or the Bill of Sale, if the Vessel has been lately transferred; or from inquiry from the Master, who is bound to be acquainted with the name and domicil of the Owner.

What is trading with the Enemy.

44. The Commander will be justified in considering a British Vessel as trading with the Enemy

1. If she has commenced her voyage from a Hostile port.

1 Odin, 1 C. Rob. 250. For the precautions to be observed in ascertaining that an alleged Transfer was bonâ fide and complete, v. supra, § 19 (5), pp. 7–9.