CHAPTER XVII 
INDEMNITIES AND DAMAGES (CONTINUED) 
CLAIMS FOR FREIGHT 
Sec. 476. Claims of Captor Against Owners of Innocent 
Goods Carried on Enemy or Non-Enemy Ships. British De- 
cisions. Claims made before the Prize Courts for sums in re- 
spect to freight were very numerous during the World War. 
These claims may be grouped into several classes. First, there 
were those made by the captors of both enemy and neutral ships 
which were declared to be good prize, against the owners of goods 
carried on them, when the goods were not liable to condemnation 
and had been released by the Prize Court. The general rule of 
English prize law is that the captor in such cases has a right to 
claim freight from the owners of the goods only when he has 
carried them to their port of destination, in accordance with 
the intention of the contracting parties. This view was affirmed 
by Sir Samuel Evans in the case of the Roland, decided in March, 
1915." The Roland was a German vessel which sailed from New 
Orleans for Bremen in July, 1914, with a cargo consisting among 
other things of a quantity of tobacco, three-fourths of which was 
neutral property and which was released by the Prize Court. 
The Crown claimed against the owners of the released cargo pro- 
portional freight for the carriage of the goods from New Orleans 
to Plymouth to which latter port the ship and cargo had been 
taken after their capture. They relied on a rule of German 
commercial law which allows shipowners some freight in respect 
to released cargoes, although in this case the cargo was not and 
could not have been delivered at the port of destination 
(Bremen). As captors, the Crown was, they argued, entitled not 
only to the ship but also to what the ship had earned as freight. 
‘II Lloyd 253; I Br. & Col. Pr. Cas. 188. 
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