Full text: A treatise on the law of prize

JURISDICTION OF PRIZE COURTS. y 
legal acts. The decisions of the German Prize Courts 
depriving claimants of all legal remedies for the 
fringe en of their rights appear to be entirely 
justifiable in law. 
§ 40. In Russia, in accordance with the provisions of Russian 
of the naval code of March 27, 1895, as amended byjLiize Coutts, 
the Imperial ukase of July 14, 1914, captures may 
be effected on any waters other than the territorial 
Waters of a neutral State. The Sebastopol Prize Court 
“as thus able to declare valid the seizure of the 
Austrian vessel, The Fratelli 3. Mendl, although she 
had been captured on the inland waters of the river 
Dany} + 
The jurisdiction of the Russian Prize Courts is 
°xXcluded in all cases of seizures of enemy cargo on 
boar Russian vessels or vessels belonging to an Allied 
Powey 5 
Cargo includes moneys in gold and paper.® 
The fact that the property seized has been destroyed 
by the naval authorities and is no longer in existence 
does pot deprive the Court of its jurisdiction to pro- 
ounce oy the validity or otherwise of the capture.” 
S41. In view of the judgment of the Russian of Rumanian 
Prize Courts that captures in the Danube were valid, Frize Courts, 
it is interesting to note that Rumania advanced an 
1denticy] claim in respect of seizures carried out in 
the Same river. Article 25 of the Rumanian naval 
po ructions contains a similar provision as that in the 
he Lal code to the effect that captures may lawfully 
my made on any waters except neutral territorial waters. 
hat, pment of the Rumanian Prize Courts confis- 
Derr) a number of Austrian vessels seized on the 
ube by the Rumanian naval forces was disputed, 
: Segment of January 28, 1916, Rep. ry Libr. 
Novem, 9 jr  atsnuon oe Sgr i Convontion of 
© The So. Ni li, j dgment of the Sk 1 Bore Court 
of Avgurs RI cola, judg ent o I 
he To 5, Rep, Fry Libr, 
#1 Bari, judgment of the same of August 12, 1015, ibid. 
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