contraband(redirected from contraband of war)
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Any property that it is illegal to produce or possess. Smuggled goods that are imported into or exported from a country in violation of its laws.
Contraband confiscated by law enforcement authorities upon the arrest of a person for the crimes of production or possession of such goods will not be returned, regardless of the outcome of the prosecution.
CONTRABAND, mar. law. Its most extensive sense, means all commerce which is
carried on contrary to the laws of the state. This term is also used to
designate all kinds of merchandise which are used, or transported, against
the interdictions published by a ban or solemn cry.
2. The term is usually applied to that unlawful commerce which is so carried on in time of war. Merlin, Repert. h.t. Commodities particularly useful in war are contraband as arms, ammunition, horses, timber for ship building, and every kind of naval stores. When articles come into use as implements of war, which were before innocent, they may be declared to be contraband. The greatest difficulty to decide what is contraband seems to have occurred in the instance of provisions, which have not been held to be universally contraband, though Vattel admits that they become so on certain occasions, when there is an expectation of reducing an enemy by famine.
3. In modern times one of the principal criteria adopted by the courts for the decision of the question, whether any particular cargo of provisions be confiscable as contraband, is to examine whether those provisions be in a rude or manufactured state; for all articles, in such examinations, are treated with greater indulgence in their natural condition than when wrought tip for the convenience of the enemy's immediate use. Iron, unwrought, is therefore treated with indulgence, though anchors, and other instruments fabricated out of it, are directly contraband. 1 Rob. Rep. 1 89. See Vattel, b. 3, c. 7 Chitty's L. of Nat. 120; Marsh. Ins. 78; 2 Bro. Civ., Law, 311; 1 Kent. Com. 135; 3 Id. 215.
4. Contraband of war, is the act by which, in times of war, a neutral vessel introduces, or attempts to introduce into the territory of, one of the belligerent parties, arms, ammunition, or other effects intended for, or which may serve, hostile operations. Merlin, Repert. h.t. 1 Kent, Com. 135; Mann. Comm. B. 3, c. 7; 6 Mass. 102; 1 Wheat. 382; 1 Cowen, 56 John. Cas. 77, 120.