Lush J. expressed the view that " Service of a notice S^riS^
that a ship will be commandeered does not necessarily
amount to commandeering her." Common-

It would thus seem that there is no practical
difference between " requisitioning " and " comman-
deering."

A ship which has been requisitioned and is in service
of the Crown is exempt from arrest as long as she is
under requisition. [The Broadmayne, C.A. 1916, P. 64.]

In Cazalet v Morris & Co. [1916, S.C. 952] it was
questioned whether a shortage of railway trucks due
to the Government having taken them for the defence
of the realm was a " restraint of princes."

Miscellaneous Clauses in Charter-Parties

Having now reviewed the subjects of Restraint of Miscel-
Princes and Admiralty requisitionment of chartered i a ^ses.
ships, it is desirable to notice here a number of war
cases in which various miscellaneous clauses in charter-
parties dealing with war and like events came up for
consideration.
Attention may first be called to a contract in a Risk of
charter-party, between neutrals, which let a ship for captSre.° r
five years to trade within the limits of the European



102



The Law of War and Contract



(E)
Contracts
with War
Clauses.
Recent



Charter-
party.
Miscel-
laneous
clauses.
Bisk of
seizure or
capture.
General
average
contribu-
tion.
