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The Fred Neumann

International Law Reports Cited in Precedent Map Related
Vincent
JurisdictionFrance
Date06 décembre 1946
Docket NumberCase No. 175
CourtPrize Council (France)
France, Conseil des Prises.
Case No. 175
The Fred Neumann.

War — Warfare at Sea — Capture of Enemy Merchant-ships — Restrictions on the Right of Capture — Fishing Vessels — Hague Convention XI.

The Facts.—The Fred Neumann, a German sloop, was captured at Bayonne on February 16, 1945, during the liberation of French territory. The question before the Court was whether, as a fishing vessel, she was exempt from capture.

Held: that the sloop Fred Neumann and its tackle and rigging are good and lawful prize. The Court said :

“The Ordinance of August 1681 and the decree of 2 prairial of the year XI provide that enemy vessels and vessels whose nationality is not evident from the ship's papers are good and lawful prize, No ship's papers were found on the sloop Fred Neumann, which was captured on February 16, 1945, by the naval commandant of Bayonne. But it appears from the dossier that the Fred Neumann was constructed at Hamburg and has German nationality. It belongs to the German company Atlantische Industrie Gesellschaft, the object of which was to develop the fisheries at Saint-Jean-de-Luz. The enemy character of the ship is therefore proved. It is admitted that the Fred...

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