AIR 1919 PRIVY COUNCIL 136

Privy Council

(FROM NEW SOUTH WALES)

Hon'ble Judge(s): Lord Sumner, Lord Parmoor, Lord Wrenbury, Lord Sterndale, Sir Arthur Channell , JJJ

**International Law-Sixth Hague Convention Art. 1-Ship in enemy port not departing Within the days of grace fixed by Proclamation under the Article -Failure to depart being due to seizure of papers and charts and appointment of watchman-Proclamation not giving sufficient notice that vessel would be enabled to depart if application was made in that behalf -Failure to depart is due to Force Majure and vessel cannot be confiscated-Force majure. The 'Turul' a Hungarian Ship arrived at Port Jackson with cargo for Sydney and New castle on 7th August 1914. War was declared by His Majesty upon the Austro-Hungarian Empire on August 12 and the 'Turul' was seized in prize on the 13th, Her Ship's papers were taken away, and she was also deprived of her charts. On the 15th which are declared by article 1 of the sixth Hague Convention to be desirable. By the terms of the Proclamation enemyship were to be allowed to depart, up till midnight on the 22nd August, 1914. The 'Turul' was allowed to discharge, and when her discharge finished on August, 20, she was directed to be moved to another part of the habour, and there a watchman was put on board. The vessel did not depart within the period of grace, Held, that she could not be confiscated, as she must be deemed to have been detained by force majure. The vessel could not leave the enemy port within the period....