Note 842 — Chapter IV · CONTRABAND

It is frequently maintained—see Phillimore, III. § 227, pp. 397-403—that in 1864, in the case of Hobbs v. Henning, Lord Chief Justice Erle repudiated the doctrine of continuous transports, but Westlake shows that this is not the case. See Westlake's Introduction in Takahashi, International Law during the Chino-Japanese War (1899), pp. xx-xxiii, and in The Law Quarterly Review, XV. (1899), pp. 23-30. See also Hart, ibidem, XXIII. (1907), p. 199, who discusses the case of Seymour v. London and Provincial Marine Insurance Co. (41 L.J.C.P. 193) in which the Court recognised the doctrine of continuous transports.