W  1  C.  P.  D.  19 ;  423.  p.  u.    Cf.  Morse  v.  Slue,  1  Vent.  238.
(a;)  1  C.  P.  D.  at  p.  441.  The  exception  "king's  enemies,"  ap-

(2^)  Ang.  Carr.  s.   200;  Story,  BaU.  pears  to  have  been  made,   originaUy,

6.  526.    But  see  per  Byles,  J.,  in  Eus-  because  the  bailee  who   had  lost  the

eeUv.  Niemann,  34  L.  J.,  C.  P.  10,  at  goods   by  their   acts   was  without  a


enemies.  ■


RESPONSIBILITY  OF  CAEKIEES  BY  SEA  AT  LAW.  13

The  shipowner  is  bound  to  be  careful  to  avoid  the  acts  of  such  Sect.  11.
enemies;  but  where  he  has  been  so,  he  is  not  liable  for  losses
occasioned  by  them.  For  example,  for  the  destruction  or  oapturei
of  the  goods  by  enemies'  cruisers  ;  or  for  a  delay  where  the  maste^
has  properly  put  into  a  neutral  port  for  safety.  The  master  is
justified  in  putting  in,  and  delaying,  where  he  has  a  reasonable
apprehension  of  danger  from  capture  (s).
The  effect  of  this  exception  where  the  ship  is  a  foreign  one  seems  Foreign  ship,
to  be  uncertain  (a).  It  does  not  appear  to  have  been  decided
whether  the  English  rule  would  except  the  acts  of  enemies  of  a.
foreign  state  who  were  not  enemies  of  England.  Usually,  how-
ever, the  liability  of  a  foreign  -shipowner  is  governed  by  the  law  of
the  country  to  which  he  belongs,  and  not  by  the  English  common
law :  for  the  law  of  the  contract  is  generally  that  of  the  flag  of  the
ship  (6).
An  eatress  exception  of  "  King's  enemies "  relates,  at  least,  to
the  enemies  of  the  State  to  which  the  carrier  belongs  (c).
