Notwithstanding the provisions of Article 35, conditional
contraband, if shown to have the destination referred to in Article
33, is liable to capture in cases where the enemy country has no sea-
board.
Article 37.
A vessel carrying goods liable to capture as absolute or conditional
contraband may be captured on the high seas or in the territorial



War Documents. 71

waters of the belligerents throughout the whole of her voyage, even
if she is to touch at a port of call before reaching the hostile destination.
Article 38.
A vessel may not be captured on the ground that she has carried
contraband on a previous occasion if such carriage is in point of fact
at an end.
Article 39.
Contraband goods are liable to condemnation.
Article 40.
A vessel carrying contraband may be condemned if the contra-
band, reckoned either by value, weight, volume, or freight, forms more
than half the cargo.
Article 41.
If a vessel carrying contraband is released, she may be condemned
to pay the costs and expenses incurred by the captor in respect of the
proceedings in the national prize court and the custody of the ship
and cargo during the proceedings.
Article 42.
Goods which belong to the owner of the contraband and are on
board the same vessel are liable to condemnation.
Article 43.
