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6 C. Eobinson, 430.
military persons are three, and there are besides, two other per-
hostile operations.
It has been argued, that the master was ignorant of the char-
no mens rea in the owner, or in any other person acting under his
him with privity, the whole amount of this argument would be,
besides the master, whose knowledge and privity would carry with
it the same consequences? Suppose the owner himself had
ployed to act for the owner, had thought fit to engage the ship
of the whole transaction. But I will first state distinctly, that the
demnation, and that the Court is not to scan with minute arith-
Manouba (1913), Scott, The Hague Court Beports, 341. A vessel under
charter of the enemy for the carriage of belligerent persons may be con-
demned even though at the time of seizure no such persons are on board,
THE ATALANTA.
6 C. Eobinson, 440.
The question then is, what are the legal consequences attaching
serve the connection between the mother country and her col-
conveyed the entire plan of a campaign, that may defeat all the
Charles the Xllth, and might produce the most disastrous effects
on it, and therefore the same precise penalty cannot, in the na-
Then comes the other question, whether the penalty is not also
observe, that the offence is as much the act of those who are the
of the ship. The general rule of law is, that where a party has
case I feel myself bound, not only by the general rule, oh con-
tinentiam delicti, but by the direct participation of guilt in the
is, that I must pronounce the ship and cargo subject to con-
demnation. . . .
ing one of the belligerents in violation of the duty which it owes to the other,
The Brig Betsey (1913), 49 Ct. CI. 125. The fact that the unneutral
service was rendered in ignorance of the existence of war does not excuse
an offender who is brought before a prize court of his own country, The
Zambesi (New South Wales, 1914), 1 Br. & Col, P. C. 358. If a vessel