PRINCIPLES AND PRACTICE OF PRIZE LAW BY VISCOUNT TIVERTON OF THE INNER TEMPLE, BARRISTER-AT-LAW. U. VA. JUL 2 0 1981 LAN LIBRARY LONDON: BUTTERWORTH & CO., BELL YARD, TEMPLE BAR. WELLINGTON (N.Z.): BUTTERWORTH & CO. (AUSTRALIA), ltd. 1914. PREFACE SINCE the Crimean War no Prize Court has been held in this country, and in the sixty years that have since then elapsed the general trend of thought has altered with regard to the manner of waging war between civilised nations. Developments in scientific invention, in commerce, and in the actual material of war have taken place, until conditions now obtain which were unknown and undreamed of in the days of Dr. Lushington, and still less during the Napoleonic wars, when the Prize Law was chiefly formulated by Lord Stowell. It will be a question, therefore, to be hereafter decided as to how far the principles of the last century will be followed at the present day in all their ancient rigour. It has been my endeavour in the following pages to deal very shortly with both general principles and practice obtaining in the Prize Court. With due regard to brevity I have attempted to extract the general principles upon which the sometimes conflicting judgments of Prize Courts appear to have been based, and have included as many references as possible to cases and well-known works of authority. With respect to matters of procedure, the practice has been so completely changed by the new Prize Court Rules that I have been able to do little more than give an analysis, which it is hoped will prove useful. The translations of the Hague Conventions in the appendices are taken from the official translations to be found in the Blue Book. I desire to express my great indebtedness to Mr. Butler Aspinall, K.C., for his kindness in suggesting the general |