In the Matter of Part – Appellant
Versus
Cargo ex Steamship "Zamora. " – Respondent
Lord Parker of Waddington:-
On the 8th April, 1915, the "Zamora" a Swedish steamship bound from New York to Stockholm with a cargo of grain and copper, was stopped by one of His Majesty's cruisers, between the Faroe and Shetland Islands, and taken for purposes of search first to the Orkney Islands and then to Barrow-in-Furness. She was seized as prize in the latter port on the 19th April, 1915, and in due course placed in the custody of the Marshal of the Prize Court. It is admitted, on the one hand, that the copper was contraband of war and, on the other hand, that the steamship was ostensibly bound for a neutral port. The question whether either steamship or cargo was lawful prize must therefore depend on whether the steamship had a concealed or ulterior destination in an enemy country, or whether the copper was by means of transhipment or otherwise, in fact, destined for the enemy.
On the 14th May, 1915, a writ was issued by His Majesty's Procurator-General claiming confiscation of both vessel and cargo, and on the 14th June, 1915, the President, at the instance of the Procurator-General, made an order under Ord. 29, R. 1, of the Prize Court Rules giving leave to the War Departmen
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