Vi INTRODUCTORY CHAPTER.
1914-18, shows that, except in the United States of
America, Prize Courts are, in the main, partly adminis-
trative and partly judicial bodies (and not, as here and
in the United States, strictly judicial), and that they
are, as regards the law they administer, under executive
control. The Report of the Commission on the Inter-
national Prize Court Convention at the Hague Conference
in 1907, while stating that eminent magistrates had made
declarations asserting the independence of Prize Courts
of arbitrary orders of the Executive, added: *‘ As a
matter of fact, the instructions and orders of a Govern-
ment are presumed by the Courts which it constitutes to
conform to the Law of Nations, and we find no case
where a Prize Court has refused to apply an order of its
Government on the ground that it was contrary to the
Law of Nations.”” * The Zamora, The Hakan,?> and The
Proton ® now provide the examples; and in the two latter
the Prize Court expressly declined to enforce provisions
of the Declaration of London, which they held were not
in conformity with International Law; these decisions
ultimately led the Government to withdraw the Orders
in Council bringing into operation the Declaration of
London. Incidentally they showed that in The Hakan
the rule of the Declaration of London was more severe
on neutrals than that of English Prize Law in the effect
of the carriage of contraband by a neutral ship; and in
The Proton that the rule for determining the enemy
character of a ship laid down by the Declaration of
London was contrary to the unbroken practice of the
British and American Prize Courts, and could not be
© See post, pp. 18 et seq.
L Actes et Documents, i., 180.
2 [1916] P. 266; [1918] A. C. 148.
89 B. &C. P.C. 107; [19181 A. C. 578.
“11