DESPOILING THE ENEMY

Dominion, Volume 7, Issue 2233, 20 August 1914, Page 6

DESPOILING THE ENEMY

PRIZE COURTS IN AUSTRALIA

_ : PROCEDURE EXPLAINED At Melbourne'last week the Federal Attorney-General (Sir William Irvine) explained the law /relating to prize ships and their cargoes, the question having arisen as a result of .'the seizure of ; German ships by the . Federal au- ; "■horities. ' ' He are, qjf .course, no. courts of prizes 'in actual operation 'it present in Australia, By the Colonial Courts of Admiralty Act of 1890,' the Governors of thp States are es officio' •: made, vice-admirals. The same' Act vests Admiralty jurisdiction in the Supreme Courts-of the States. : Thisjur-' isdiction does .'hot' include jurisdiction over prizes in war. In order that that jurisdiction should oome into existence, the'necessary, steps are provided by the Imperial Prize. Courts Act of 1894. Uijder that Act the Supreme Courts of ' the various States have been already t commissioned as prize courts, but. with-' out the capacity to exercise prize jifris- * diction till a proclamation in each Stato has been issued by the Vice-Admiral,' • namely, the Governor, that war has broken out, in a particular ' country, When satisfied by information from the Secretary of State or- otherwise, a formal communication of that informa- , tion would bo immediately made to the Vice-Admirals, and> it is . anticipated that they will forthwith issue the necessary proclamation, "so that it may be' taken that in a very short time the Supreme Courts of tlio States will be in'active operation as prize courts. \ "I cannot, of course, anticipate a' do-' cision of any of the prize courts as regards matters which may come before them for decision, but be useful, to state for the information of the pub-' • lic'.one or two general principles in re- - lation' to what is known as enemy property. Enemy property is- liable ..to 1 , condemnation in the prize courts, but the character of enemy ■ property does not in all cases follow the rule of na-. tionality. For this purpose the word enemy does not necessarily mean: the subject of a country at war 'with Great: , Britain. It might be better defined, as a person or corporation whose commercial domicile makes his "trade a part of the trade or commerce of the enemy , country. The further question,/whether any particular cargo is enemy property, will, of course, be a question of fact to be determined in every case by the prize oourt. But it may be stated) • generally that property shipped by a merchant in one country to a merchant in another country under usual commercial shipping contracts becomes the property of the consignee on shipment.,' This : at'-all events may be taken to. be the general presumption of fact. . This' presumption' was acted upon generally by the Japanese prize duringand after the Russo-Japanese war,. which is the latest important occasion upon which the jurisdiction was exercised. . Tho Japanese prize court, cases • are entitled to respect, inasmuch as tho Japanese called to their aid Interna-, tional experts of high standing. Goods consigned by' an alien enemy to hij agent in Australia will-remain enemy property. This principle with regard to property applies to cargo, whether brought to ■ this oountry in British ships, in a neutral or ir an 'enemy's ships. The application by the. principle, • however, must depend always upon the particular facts of each case.

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