Full text: Prize law during the world war

INTRODUCTION 
During the World War special prize tribunals were organized, 
or existing courts designated and authorized to exercise juris- 
diction in matters of prize, in Austria-Hungary, Belgium, China, 
France, Germany, Great Britain, Italy, Japan, Roumania, Russia, 
Portugal, Siam and Turkey. From first to last these tribunals 
rendered not less than fifteen hundred reported decisions, besides 
a large number of other decisions which were never reported. 
No war of the past ever produced so extensive an output of 
prize jurisprudence. It deals with every question of international 
law that had been the subject of adjudication by the Prize Courts 
during former wars and in many cases old questions were pre- 
sented under new and sometimes novel forms. Likewise, the 
Prize Courts were called upon to decide many new questions 
that had never before been the subject of adjudication, and con- 
sequently concerning which there were no exact precedents for 
the guidance of the courts. 
The larger number of the more important reported decisions 
of the British prize courts may be found in two published col- 
lections, both unofficial and both incomplete. The first of these 
is a collection in three volumes entitled “British and Colonial 
Prize Cases,” edited in succession by E. C. M. Trehern and A. 
Wallace Grant, English barristers at law. It contains the texts 
of some 300 decisions which in the opinion of the editors are 
likely to be of “permanent interest in the law and practice of 
prize.” These include the decisions of various Colonial Courts 
sitting in prize “in which interesting points have arisen” and also 
the decisions of the Judicial Committee of the Privy Council in 
the cases appealed from the Prize Courts. It contains no deci- 
sions rendered, however, subsequent to July 1922. The other 
collection is a publication in ten volumes entitled “Llovd’s Re- 
'It has been stated that the greater number of cases tried by Sir Samuel 
Evans, having turned on questions of fact, remain unreported. See Lloyd’s 
Reports of Prize Cases, Vol. V, p. VII. While the reported decisions of 
the Prize Court for Egypt are less than 40 in number, Judge Grain stated 
in June 1918 that this Court had heard and “adjudicated upon” about 1200 
cases in the course of the nearly four years during which it had been sitting. 
See his statement in the case of Liitzow No. 6, III Brit. and Col. Prize 
Cases, at p. 338.
	        
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