xv INTRODUCTORY CHAPTER,
certification by agents of the belligerent Powers in the
neutral ports appears to me to be a more hopeful
solution.”
One more matter dealt with in detail by Dr. Colombos
calls for notice, namely, the procedure in the British
Prize Courts during the late war.® The traditional
practice of the Prize Court for more than a century
precluded alien enemies from appearing in Court, and
the only change in this matter effected during the late
war was that, wherever an alien enemy conceived that
he was entitled to any protection, privilege, or relief
under any of the Hague Conventions, he could appear
and argue his case. This denial of audience to an alien
enemy by our Prize Courts is contrary to the practice
of all other European States, and Dr. Colombos puts
forward strong reasons for an alteration of our procedure
in this respect. But if the British Prize Courts held
firmly to the precedents of the past in this matter, a
change in the proceedings was effected by the new
Rules of Court issued at the beginning of the War
under the Naval Prize Act, 1894. Formerly the evidence
to condemn or acquit a ship or cargo had to come from
the ship’s papers, and proceedings began with a monition.
Under the new rules proceedings are commenced by the
issue of a writ, and the captors open the case and support
it by any evidence in their possession. The Prize Court
is not restricted by the rules of evidence which obtain
in other Courts, and the proceedings in the numerous
contraband cases showed the importance of extraneous
evidence, such as intercepted cables, letters, and wireless
7 See my Article on ‘‘ Visit, Search, and Detention ’’ in B. Y. I. L.
for 1926, p. 43.
8 Spee post, Chap. X.
a