PRIZE COURTS.
THE FATE OF THE ENEMY'S
SHIPS
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 reeult of the seizure of German ehips by the Federal authorities.
"There are, of course, courta of prizeß in actual operation ac present in Australia," he said. "By the Colonial Courtß of Admiralty Act of 1890, the Governors of the States are ex-officio made vice-admirals. The same Act veßts Admiralty jurisdiction in the Supreme Courts of the Slates. This jurisdiction does not include jurisdiction over prizes in war. In order that that jurisdiction should come into existence, the necessary steps are provided by the Imperial Prize Courts Act of 1894. Under that Act tne Supreme Courts of the various States have been already commissioned as prize court", but without the capacity to exercise prize jurisdiction till a proclamation in each State has been issued by the Vice-Admiral, namely, the Governor, that war has broken out in a particu lar country. When satisfied by information from the Secretary of State or othewise, a formal communication of that information would be immediately made to the Vice-Admir-als, and it ia anticipated that they will forthwith issue tha necessary proclamation, so that it may be taken that in a very s l ort time the Supreme Courts of the States will be in active operation aB prize courts. "I cannot, of course, anticipate a decision of any of the prize courts as regards matters which may come before them for decision, but it may be
useful to state for the information of the public, one or two general principles in relation to what is known 88 enemy property. Enemy property ia liable to condemnation in the prize courts, but the character of enemy property doeß not in all cases follow the rule of nationality. For this purpose the word enemy doee not necessarily mean the subject of a country at war with Great Britain. It might be better .defined as a person or corporation whoße commercial domicile makea hia 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 cbbo by the prize court. But it may be stated generally that property shipped by a merchant in one country to a merchant in another country under usual commercial Bhipping contracts bocomes 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 tj« Japanese prize courts, during and after the Russo-Japanese war, which is the latest important occasion upon which the jurisdiction was exercised. The Japanese prize court cases are entitled to respect, inasmuch aa the Japanese called to their aid international experts of high standing. Goods consigned by an alien enemy to his agent in Australia will remain enemy property. This principle with regard to property applies to cargo, whether brought to this country in British ships, in a neutral ur in an enemy's ships The application by the principle, however, must depend alwayß upon the particular facta of each case."
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King Country Chronicle, Volume VIII, Issue 699, 29 August 1914, Page 6
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546PRIZE COURTS. King Country Chronicle, Volume VIII, Issue 699, 29 August 1914, Page 6
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