goods are enumerated in the licence, the best endeavour
ought to be made to follow that enumeration. It is _not_ a fatal
departure from the licence to take on board non-enumerated articles,
if done so by mistake, or inadvertence; but an essential and
fraudulent departure from the conditions of the licence is a total
defeasance of it.[118]
2. When a licence is granted to _one_ person, it cannot be made to
extend to the protection of all other persons who may be permitted by
that person to take advantage of it.[119]
3. Where A and B have obtained a licence to import, _as for
themselves, or their agents, or the bearers of their bill of lading_,
the only persons entitled to act under that licence, are A and B, as
_importers_, or their agents, or persons holding their bills of
lading, and claiming under bills of lading, which A and B, _after
having conducted the importation from the enemy on their own account_,
have transferred to them.[120]
4. Under a licence to _import_, the British merchant must not also be
the _exporter_. He is not permitted under such a licence to go to the
enemy's country, and there act as an enemy's merchant, carrying on the
export trade of that country.[121]
5. Sometimes, in describing the property in licences, the privilege is
extended to all property of a certain class, "to whomsoever the
property may appear to belong." In such cases no enquiry is ever made
as to the proprietary interest in the property; but if the words are
not introduced into the licence, it does not protect enemy's
property.[122]
[Sidenote: The Voyage.]
In the Voyage, also, the merchant must follow the licence. It is
vitiated by changing the place of shipment. Thus, where a licence was
to bring away a cargo from Bordeaux, and the party thought proper to
change the licence, and accommodate it to another port in France, it
was held by the English Admiralty that the licence was vitiated, and
the vessel and cargo were condemned.[123]
Enemies trading to the ports of this country must strictly comply with
the conditions under which that permission is granted. No voluntary
deviation from the _course_ pointed out can on any account be
tolerated; except under the pressure of irresistible necessity. The
character of enemy revives, when such a trader so deviates from his
appointed course, even if there is no _mala fides_, and he runs all
the perils of an enemy on an English coast.[124]
It is a violation of a licence to t
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