See also:

• PRIZE, or PRIZE OF WAR (Fr. prise, from prendre, to take)

PRIZE, or PRIZE OF See also:

• WAR
• WAR (O. Eng. werre, Fr. guerre, of Teutonic origin; cf. O.H.G. werran, to confound)

WAR (Fr. prise, from prendre, to take)  , a See also:

• VESSEL (O. Fr. vaissel, from a rare Lat. vascellum, dim. of vas, vase, urn)

vessel or See also:

• CARGO (Span. for " loading," from Lat. carries, car)

cargo captured by a belligerent on, the high seas; also the See also:

• ACT (Lat. actus, actum)

act of See also:

• CAPTURE (from Lat. capere, to take; Fr. prise maritime; Ger. Wegnahme)

capture . Under See also:

• BLOCKADE
• BLOCKADE (Fr. blocus, Ger. Blokade)

BLOCKADE, See also:

• CONTRABAND (Fr. contrebande, from contra, against, and bannum, Low Lat. for " proclamation ")

CONTRABAND, and See also:

• NEUTRALITY

NEUTRALITY will be found details of existing practice as regards infringements of See also:

• INTERNATIONAL, THE

international See also:

• LAW
• LAW (0. Eng. lagu, M. Eng. lawe; from an old Teutonic root lag, " lie," what lies fixed or evenly; cf. Lat. lex, Fr. loi)
• LAW, JOHN (1671—1729)
• LAW, WILLIAM (1686-1761)

law which expose neutrality vessels and cargoes to capture and trial in a See also:

• PRIZE, or PRIZE OF WAR (Fr. prise, from prendre, to take)

prize See also:

• COURT
• COURT (from the O. Fr. court, Late Lat. cortis, curtis, a popular form of class. Lat. cohors, gen. cohortis; the mod. Fr. form tour is due to the influence of the Lat. curia, the word used in medieval documents to translate " court " in the feudal sense)
• COURT, ANTOINE (1696-176o)

court . Under See also:

• WAR
• WAR (O. Eng. werre, Fr. guerre, of Teutonic origin; cf. O.H.G. werran, to confound)

WAR will be found the application of international law in relation to the private See also:

• PROPERTY

property of subjects and citizens of belligerent states as between them . We treat here of the manner of dealing with prizes after they have been brought into the See also:

• JURIS

juris- diction of the prize court . Under the law in force at the beginning of 1910 the subject was governed by the following See also:

• ENGLISH

English acts : the See also:

• NAVAL

Naval Prize Act 1864 (27 & 28 Vict . C . 25); the Colonial Courts of See also:

• ADMIRALTY, HIGH COURT OF

Admiralty Act r890 (53 & 54 Vict . C . 27) ; the Supreme Court of Judicature Act 1891 (54 & 55 Vict . C . 53, s . 4), and the Prize Courts Act 1894 (57 & 58 Vict. c .

39) . A new Naval Prize Act was, however, already in contemplation, repealing the acts of 1864 and 1894, consolidating and re-enacting their See also:

• MAIN (from the Aryan root which appears in " may " and " might," and Lat. magnus, great)
• MAIN (Lat. Moenus)

main provisions and making such statutory provisions as will permit of the ratification of a See also:

• CONVENTION (Lat. conventio, an assembly or agreement, from convenire, to come together)
• CONVENTION, THE NATIONAL

convention adopted at the second See also:

• HAGUE, THE (in Dutch, 's Gravenhage, or, abbreviated, den Haag; in Fr. La Haye; and in Late Lat. Haga Comitis)

Hague See also:

• CONFERENCE

Conference (1907) for the See also:

• ESTABLISHMENT (0. Fr. establissement, Fr. etablissement, late Norm. Fr. establishement, from O. Fr. establir, Fr. etablir, Lat. stabilire, to make stable)

establishment of an International Prize Court . The Convention referred to above contains an elaborate See also:

• SCHEME (Lat. schema, Gr. oxfjya, figure, form, from the root axe, seen in exeiv, to have, hold, to be of such shape, form, &c.)

scheme of 5o articles setting out the constitution and See also:

• PROCEDURE (Fr. procedure, from Lat. procedere, to go for-ward)

procedure of the court . It begins with the following See also:

• DECLARATION (from Lat. declarare, to make fully clear, clams)

declaration of its See also:

• OBJECTS

objects: Animated by the See also:

• DESIRE

desire to See also:

• SETTLE
• SETTLE, ELKANAH (1648–1724)

settle in an equitable manner the See also:

• DIFFERENCES, CALCULUS OF (Theory of Finite Differences)

differences which sometimes arise in the course of a naval war in connexion with the decisions of See also:

• NATIONAL

national prize courts: Considering that, if these courts are to continue to exercise their functions in the manner determined by national legislation, it is desirable that in certain cases an See also:

• APPEAL

appeal should be provided under conditions conciliating, as far as possible, the public and private interests involved in matters of prize: Whereas, moreover, the institution of an international court, whose See also:

• JURISDICTION
• JURISDICTION, CRIMINAL LAW, DIVORCE

jurisdiction and procedure would be carefully defined, has seemed to be the best method of attaining this See also:

• OBJECT

object: Convinced, finally, that in this manner the hardships consequent on naval war would be mitigated; that, in particular, See also:

• GOOD, JOHN MASON (1764-1827)

good relations will be more easily maintained between belligerents and neutrals, and See also:

• PEACE
• PEACE, BREACH OF THE

peace better assured It prescribes that the court shall be composed of fifteen members out of the whole See also:

• PANEL (O. Fr. panel, mod. panneau, piece of cloth, from Med. Lat. pannellus, diminutive of pannus, cloth)

panel (See also:

• ART

art . 14) . Of these See also:

• GREAT

Great See also:

• BRITAIN (Gr. Hperavuml vi7vot, Bperravia; Lat. Britannia, rarely Britannia)

Britain, See also:

• FRANCE
• FRANCE, ANATOLE (1844– )

France, See also:

• GERMANY
• GERMANY (Ger. Deutschland)

Germany, See also:

• AUSTRIA
• AUSTRIA, LOWER (Ger. Niederosterreich or Osterreich unter der Enns, " Austria below the river Enns ")
• AUSTRIA, UPPER (Ger. Oberosterreich or Osterreich ob der Enns, " Austria above the river Enns ")

Austria-See also:

• HUNGARY
• HUNGARY (Hungarian Magyarorszdg)

Hungary, See also:

• RUSSIA
• RUSSIA (Rossiya)

Russia, See also:

• ITALY
• ITALY (Italia)

Italy, the See also:

• UNITED

United States and See also:

• JAPAN

Japan each appoint one (art . 15) . A See also:

• SCHEDULE

schedule of the other See also:

• POWERS, HIRAM (1805-1873)

powers is appended to the Convention, under which they take their turn to sit to the number of seven, making up together the prescribed fifteen . As composed under the first See also:

• YEAR

year's See also:

• DISTRIBUTION (Lat. distribuere, to deal out)

distribution, the other See also:

• JUDGES, THE BOOK OF

judges would be appointed by See also:

• ARGENTINA

Argentina, See also:

• COLOMBIA

Colombia, See also:

• SPAIN
• SPAIN (Espana)

Spain, See also:

• GREECE

Greece, See also:

• NORWAY
• NORWAY (Norge)

Norway, See also:

• HOLLAND
• HOLLAND, CHARLES (1733–1769)
• HOLLAND, COUNTY AND PROVINCE OF
• HOLLAND, HENRY FOX, 1ST BARON (1705–1774)
• HOLLAND, HENRY RICH, 1ST EARL OF (1S9o-,649)
• HOLLAND, HENRY RICHARD VASSALL FOX, 3RD
• HOLLAND, JOSIAH GILBERT (1819-1881)
• HOLLAND, PHILEMON (1552-1637)
• HOLLAND, RICHARD, or RICHARD DE HOLANDE (fl. 1450)
• HOLLAND, SIR HENRY, BART

Holland and See also:

• TURKEY

Turkey . There are also full provisions as to the procedure and conduct of the proceedings in the court, but the only provisions of concern to See also:

• GENERAL
• GENERAL (Lat. generalis, of or relating to a genus, kind or class)

general readers are those See also:

• RELATING

relating to international law, which are as follows: 1 . The validity of the capture of a See also:

• MERCHANT (O. Fr. marcheant, modern marchand; from Lat. mercari, to trade, merx, goods, merchandise)

merchant-See also:

• SHIP

ship or its cargo is decided before a prize court in accordance with the See also:

• PRESENT

present convention when neutral or enemy property is involved . 2 .

Jurisdiction in matters of prize is exercised in the first instance by the prize courts of the belligerent captor . The judgments of these courts are pronounced in public or are officially notified to parties concerned who are neutrals or enemies . 3 . The judgments of national prize courts may be brought before the international prize court : i . When the See also:

• JUDGMENT

judgment of the national prize courts affects the property of a neutral See also:

• POWER [WILLIAM GRATTAN] TYRONE (1797-1841)

power or individual; ii . When the judgment affects enemy property and relates to : (a) Cargo on See also:

• BOARD (O. Eng. bord)

board a neutral ship; (b) An enemy ship captured in the territorial See also:

• WATERS, TERRITORIAL

waters of a neutral power, when that power has not made the capture the subject of a See also:

• DIPLOMATIC

diplomatic claim; (c) A claim based upon the allegation that the seizure has been effected in violation, either of the provisions of a convention in force between the belligerent powers, or of an enactment issued by the belligerent captor . The appeal against the judgment of the national court can be based on the ground that the judgment was wrong either in fact or in law . 4 . An appeal may be brought:- i . By a neutral power, if the judgment of the national tribunals injuriously affects its property or the property of its nationals (art . 3 [(i.)j), or if the capture of an enemy vessel is alleged to have taken See also:

• PLACE (through Fr. from Lat. platea, street; Gr. IrAar6s, wide)

place in the territorial waters of that power (art . 3 (ii.) (b)) ; ii .

By a neutral individual, if the judgment of the National Court injuriously affects his property (art . 3 (i.)), subject, how-ever, to the See also:

• RESERVATION (Lat. reservare, to keep back)

reservation that the power to which he be-longs may forbid him to bring the See also:

• CASE
• CASE, JOHN (d. 1600)

case before the court, or may itself undertake the proceedings in his place; iii . By an individual subject or See also:

• CITIZEN (a form corrupted in Eng., apparently by analogy with " denizen," from O. Fr. citeain, mod. Fr. citoyen)

citizen of an enemy power, if the judgment of the national court injuriously affects his property in the cases referred to in art . 3 (ii.), except that mentioned in See also:

• PARAGRAPH

paragraph (b) . 5 . An appeal may also be brought on the same conditions as in the preceding See also:

• ARTICLE (from Lat. articulus, a joint)

article, by persons belonging either to neutral states or to the enemy, deriving their rights from and entitled to represent an individual qualified to appeal, and who have taken See also:

• PART

part in the proceedings before the national court . Persons so entitled may appeal separately to the extent of their See also:

• INTEREST

interest . The same See also:

• RULE

rule applies in the case of persons belonging either toneutral states or to the enemy who derive their rights from and are entitled to represent a neutral power whose property was the subject of the decision . 6 . When, in accordance with the above art . 3, the inter-national court has jurisdiction, the national courts cannot See also:

• DEAL

deal with a case in more than two instances . The municipal law of the belligerent captor shall decide whether the case may be brought before the international court after judgment has been given in first instance or only after an appeal .

If the national courts fail to give judgment within two years from the date of capture, the case may be carried See also:

• DIRECT

direct to the inter-national court . 7 . If a question of law to be decided is covered by a treaty in force between the belligerent captor and a power which is itself or whose subject or citizen is a party to the proceedings, the court is governed by the provisions of the said treaty . In the See also:

• ABSENCE (Lat. absentia)

absence of such provisions, the court shall apply the rules of international law . If no generally recognized rule exists, the court shall give judgment in accordance with the general principles of See also:

• JUSTICE (Lat. justitia)

justice and See also:

• EQUITY (Lat. aequitas)

equity . The above provisions apply equally to questions relating to the See also:

• ORDER
• ORDER (through Fr. ordre, for earlier ordene, from Lat. ordo, ordinis, rank, service, arrangement; the ultimate source is generally taken to be the root seen in Lat. oriri, rise, arise, begin; cf. " origin ")
• ORDER, HOLY

order and mode of See also:

• PROOF (in M. Eng. preove, proeve, preve, &°c., from O. Fr . prueve, proeve, &c., mod. preuve, Late. Lat. proba, probate, to prove, to test the goodness of anything, probus, good)

proof . If, in accordance with art . 3 (ii.) (c), the ground of appeal is the violation of an enactment issued by the belligerent captor, the court shall enforce the enactment . The court may disregard failure to comply with the procedure laid down in the legislation of the belligerent captor, when it is of See also:

• OPINION (Lat. opinio, from opinari, to think)

opinion that the consequences of complying therewith are unjust and inequitable . 8 . If the court pronounces the capture of the vessel or cargo to be valid, they shall be disposed of in accordance with the See also:

• LAWS

laws of the belligerent captor . If it pronounces the capture to be null, the court shall order restitution of the vessel or cargo, and shall See also:

• FIX, THEODORE (180o-1846)

fix, if there is occasion, the amount of the See also:

• DAMAGES (through O. Fr. damage, mod. Fr. dommage, from Lat. damnum, loss)

damages .

If the vessel or cargo have been sold or destroyed, the court shall determine the See also:

• COMPENSATION (from Lat. compensare, to weigh one thing against another)

compensation to be given to the owner on this See also:

• ACCOUNT
• ACCOUNT (through O. Fr. acont, Late Lat. comptum, cornputare, to calculate)

account . If the national prize court pronounced the capture to be null, the court can only be asked to decide as to the damages . 9 . The contracting powers undertake to submit in good faith to the decisions of the international prize court, and to carry them out with the least possible delay . The See also:

• BRITISH

British delegates, in their See also:

• REPORT (O.Fr. report or raport, modern rapport, from O.Fr. reporter, mod. rap porter, Lat. reportare, to bring back, in poetical use only, of bringing back an account, news, &c.)

report on the See also:

• WORK

work of the Conference, wrote that it was to them a subject of See also:

• SATISFACTION (Lat. salisfacerc, to satisfy)

satisfaction that they had been able to accomplish the task thus laid upon them, " not, indeed, in the See also:

• FORM (Lat. forma)

form of an See also:

• ADAPTATION (from Lat. adaptare. to fit to)

adaptation of the machinery of the existing court, but in the form of a new institution" ; and that the convention See also:

• DRAWN

drawn appeared to them to be " a very noteworthy step in the See also:

• HISTORY

history of law as the first See also:

• ATTEMPT (Lat. adtemptare, attentare, to try)

attempt to constitute a really international court, and as the first See also:

• DEVICE

device to produce uniformity in any See also:

• BRANCH (from the Fr. branche, late Lat. branca, an animal's paw)

branch of international law." Here, however, the delegates overstated the See also:

• SCOPE (through Ital. scopo, aim, purpose, intent, from Gr. o'KOaos, mark to shoot at, aim, o ic07reiv, to see, whence the termination in telescope, microscope, &c.)

scope of the work done, and in order to obtain that uniformity a further conference was held in See also:

• LONDON

London (Dec . 1908-Feb . 1909) " to arrive at an agreement as to what are the generally recognized rules of international law within the meaning of art . 7 " of the Convention . The London Conference See also:

• DREW
• DREW, SAMUEL (1765-1833)

drew up a See also:

• SERIES (a Latin word from serere, to join)

series of rules which it declared " correspond in substance with the generally recognized principles of international law " on Blockade (q.v.), Contraband of War (q.v.), Unneutral service, Destruction of Neutral Prizes, See also:

• TRANSFER (from Lat. transferre, to bear across, carry over)

Transfer to a Neutral See also:

• FLAG (or " FLAGGE," a common Teutonic word in this sense, but apparently first recorded in English)

Flag, Enemy See also:

• CHARACTER (Gr. xapareri7p, from xap&crew, to scratch)

Character, See also:

• CONVOY

Convoy (q.v.), Resistance to See also:

• SEARCH, or VISIT AND SEARCH

Search and Compensation . These rules, if ratified, will bind the international court . The proposal to submit captures in war to a See also:

• SPECIAL

special inter-national jurisdiction has often been made, and in fact it suggests itself whenever there are two opinions concerning the justice of a prize court's decision . The See also:

• INSTITUTE (from Lat. instituere, to establish or set up)

Institute of International Law in 1887, after adopting a very full See also:

• CODE (Lat. codex)

code of prize law, consisting of no fewer than 122 articles and covering every branch of the subject, forwarded them to the different See also:

• EUROPEAN

European governments, with the expression of a wish that " in the future reform might take a still more See also:

• COMPLETE

complete shape by the institution of an international tribunal for trial of prize cases .

" The subject was brought up at the session in 1905 at See also:

• CHRISTIANIA (officially KRISTIANIA)

Christiania of the International Law Association . The discussion showed that there was much to be said on both sides . Mr Justice See also:

• PHILLIMORE, SIR ROBERT JOSEPH (1810-1885)

Phillimore inter alios seemed favourable to the institution of an See also:

• INDEPENDENT

independent court of appeal only . This was the position of the discussion at the opening of the second Hague Conference in See also:

• JUNE

June 1907, when the British and See also:

• GERMAN
• GERMAN, DUTCH AND SCANDINAVIAN

German delegates announced that they had been instructed to present schemes for the establishment of an international court of appeal in matters of naval prize . Two projects were simultaneously presented on behalf of Great Britain and Germany . - The See also:

• ORIGINAL

original English See also:

• IDEA (Gr. Ibia, connected with i&eiv, to see; cf. Lat. species from specere, to look at)

idea was to " secure the adaptation " of the machinery of the existing Hague Court to the purposes of an " International Tribunal of Appeal " from decisions of belligerent prize courts . The See also:

• OFFICIAL (Late Lat. QJicialis, for class. Lat. apparitor, from officium, office, duty)

official instructions, published in the See also:

• CORRESPONDENCE
• CORRESPONDENCE (from med. scholastic Lat. correspondentia, corrcspondere, compounded of Lat. cum, with, and respond ere, to answer; cf. Fr. correspondance)

correspondence respecting the Second Conference 1 observed, in reference to the proposal, that the " judgments of the tribunal in such cases would probably prove the most rapid and efficient means which can, under existing conditions, be devised for giving form and authority to the canons of inter-national law in matters of prize." The instructions continue that the advantages would far outweigh any difficulty which might arise from the fact that some alterations in the municipal laws of this See also:

• COUNTRY (from the Mid. Eng. contre or contrie, and O. Fr. cuntree; Late Lat. contrata, showing the derivation from contra, opposite, over against, thus the tract of land which fronts the sight, cf. Ger. Gegend, neighbourhood)

country, and probably also of other states, would be required, and that " H.M . See also:

• GOVERNMENT
• GOVERNMENT (0. Fr. governement, mod. gouvernement, O. Fr. governer, mod. gouverner, from Lat. gubernare, to steer a ship, guide, rule; cf. Gr. xv(3epvav)

Government considered that if the Hague Conference accomplished no other object than the constitution of such a tribunal, it would render an inestimable service to See also:

• CIVILIZATION

civilization and mankind." The objection to the existing See also:

• SYSTEM

system is that the See also:

• JUDGE (Lat. judex, Fr. juge)

judge is appointed by the belligerent See also:

• STATE
• STATE, GREAT OFFICERS OF

state whose interest it is to condemn the capture; that his See also:

• BIAS
• BIAS (from the Fr. biais, of unknown origin; the derivation from Lat. bifax, two-faced, is wrong)

bias, if any, is against the neutral interest . But will there be no See also:

• ROOM

room in an international prize court for bias against the belligerent ? " Representing as we do," said Mr See also:

• CHOATE, JOSEPH HODGES (1832- )
• CHOATE, RUFUS (1799-1859)

Choate at the sitting of the 11th of See also:

• JULY

July, " a widely extended maritime nation, and a nation which hopes and confidently expects always in the future to be a neutral nation, we deem the establishment of an international court of prize by this Conference to be a See also:

• MATTER

matter of supreme importance." The converse may obviously be as important for a nation which, with its vast dependencies, cannot with equal confidence expect to remain a See also:

• MERE
• MERE, ADALBERT (1838-1909)

mere spectator among the rivalries of expanding states in different quarters of the globe . The interests of the civilized See also:

• WORLD

world in See also:

• TIME (0. Eng. Lima, cf. Icel. timi, Swed. timme, hour, Dan. time; from the root also seen in " tide," properly the time of between the flow and ebb of the sea, cf. O. Eng. getidan, to happen, " even-tide," &c.; it is not directly related to Lat. tempus)
• TIME, MEASUREMENT OF
• TIME, STANDARD

time of war are divisible into three See also:

• GROUPS
• GROUPS, THEORY

groups, namely, the respective interests of the two belligerents, and the interest of the neutrals . In practice the interest of the neutrals is against the making of captures .

Under the system hitherto prevailing it is the judge appointed by the captor who decides whether the capture was a legitimate one or not . It may be contended, however, that he hears the cause and gives his judgment in the See also:

• FACE (from Lat. fades, derived either from facere, to make, or from a root fa-, meaning " appear "; cf. Gr. cbatvstv)

face of the whole neutral world, at all times the larger part of civilized mankind, and one which has now infinitely greater facilities for making its See also:

• VOICE (Fr. voix, from Lat. vox)

voice heard than it had a See also:

• CENTURY (from Lat. centuria, a division of a hundred men)

century earlier, when a powerful belligerent maritime state was, out of all proportion to any neutral See also:

• COMBINATION (Lat. combinare, to combine)

combination, able to enforce its views as regards neutral property . (T .