In the matter of the Steamship "Leonora" and Cargo. – Appellant
Versus
. – Respondent
Lord Sumner :-
The "Leonora,'' a Dutch steamship bound from Rotterdam to Stockholm direct, was stopped on the 16th August, 1917, by His Majesty's torpedo-boat F77, outside territorial waters and shortly after passing Ymuiden. She was taken into Harwich. Her cargo, which was neutralowned, consisted of coal, the produce of collieries in Belgium. It was not intended that she should call at any British or Allied port, nor had any application been made on her behalf for the appointment of a British port for the examination of her cargo. Both ship and cargo were condemned, pursuant to the Order in Council, dated the 16th February, 1917, and both the shipowners and the cargo owners appeal.
Their Lordships are satisfied that the cargo was "of enemy origin," within the meaning of paragraphs 2 and 3 of that Order. The term had been used in the Order of the 11th March, 1915, paragraph 4, and owing to doubts as to the effect of the word "enemy" therein a further Order was made on the 10th January, 1917, which applied the term "enemy origin," as used in that paragraph, to goods "originating in any enemy country.' In the present case, the question is one of the interpretation of the third Order,
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