A TREATISE ON THE LAW OF PRIZE.
States by the Consuls of France was not of right.*
The principle was also emphatically expressed by
Lord Stowell in The Christopher that all similar
proceedings were illegal, and that it was not to
be assumed that a neutral Government would so
far depart from the duties of neutrality as to permit
the exercise of that ‘last and crowning act of
hostility, the condemnation of the property of one
belligerent to the other, thereby confirming and
securing him in the acquisition of his enemy’s
property by hostile means.””® The same doctrine
1s maintained in Article 4 of the Thirteenth
Hague Convention, 1907, which strictly forbids
the institution by a belligerent of a Prize Tribunal
on neutral territory or on a vessel in neutral
waters.
Practice and § 283. Fach Power regulates the practice
De taeot® and procedure to be followed in its Prize Courts.
eguiated by Tt is a matter governed by the municipal legis-
municipal ; 3 ! oO
law lation of the State from which the Prize Court
derives its jurisdiction, and it cannot be influenced
or modified by the laws or decrees of any other
nation.”
It is noteworthy that the English Prize Court
4 (1794), 3 Dall. 6, 19.
5 (1799), 2 C. Rob. 207.
6 Italian Decree of May 380, 1915, Article 6, G. U., June 11,
1915, No. 147; French Prize Court in The Barmbek, [1916] J. O.,
July 24, 1916, 6611; and German Supreme Prize Court in The
Davanger, [1917] J. A. P., 177. .
7 The Consul Corfitzon, [1917] A. C. 550. Cf. The Marie
Glaeser, [1914] P. 218; The Roland, [1915] 1 B. & C. P. C. 188. A
natural corollary to this principle is that none of the statutes and
rules of law and practice which relate to execution against property
within the jurisdiction under normal conditions have any application
to goods brought in as prize. The goods are subject to no execution
at the suit of a creditor under municipal law : The Oranie Nassatt
[19211 8 B. & C. P. C. 915.
204