It is further agreed, that in all prize-cases, the courts especially established for such causes in the country to which the prizes may be conducted shall alone take cognizance of them. And whenever such courts of either party shall pronounce judgment against any vessel, merchandise, or property claimed by the citizens of the other party, the sentence or decree shall set forth the reasons or motives on which the same shall have been founded ; and an authenticated copy of the sentence or decree, and of all the proceedings connected with the case, shall, if demanded, be delivered to the commander or agent of the said vessel, merchandise, or property, without any excuse or delay, upon payment of the established legal fees for the same. (25 U.S. Stat. 1444.) In 1900 the Supreme Court, speaking through Justice Gray in regard to exemption of coast fisheries in time of war, said: "This rule of international law is one which prize courts, adminis tering the law of nations, are bound to take judicial notice of, and to give effect to, in absence of any treaty or public act of their own government in relation to the matter." (The Paquete Habana, 175 U.S. 677.) In this same case it was said:— "International law is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction, as often as questions of right depending upon it are duly presented for their determination. For this purpose, where there is no treaty, and no controlling executive or legislative act or judicial decision, resort must be had to the customs and usages of civilized nations ; and, as evidence of these, to the works of jurists and commentators, who by years of labour, research and experience, have made themselves pecu liarly well acquainted with the subjects of which they treat. Such works are resorted to by judicial tribunals, not for the speculations of their authors concerning what the law ought to be, but for trust worthy evidence of what the law really is." (G. G. W.) Other Countries.—The French court is an administrative not a judicial tribunal, with a conseiller d'Etat as president and six members chosen from the maitres des requetes and officials of the Ministries of Marine and Foreign Affairs. An appeal lies to the conseil d'Etat. The law is contained in treaties, national laws and decrees, custom and practice and in decisions of the prize courts. The latter are not regarded as binding and are not followed if they would entail inconvenient or inequitable results. The law has been codified in the "Instructions to Naval Officers" of Dec. 9, 1912 and Jan. 1o, 1916 (see Revue generale de Droit Inter. Public, vol. 25, 1918; Fauchille, Jurisprudence Francaise en Matiere de Prises Maritimes, 1919). Prize courts were established in Belgium during the World War. The court of first instance consists of two judges of the court of appeal and four members representing the navy and commerce. In cases exceeding 20,000 francs an appeal lies to the court of appeal, Brussels. The law administered is similar to that in France. The Italian prize court is also only partly judicial. It is composed of members appointed on the recommendation of the Ministries of Justice, Marine and Foreign Affairs. Appeal lies to the Supreme Court of Cassazione. The law administered is that contained in the law merchant and the naval instructions, the latest of which were issued on March 25, 1917. The court is bound by decrees duly promulgated (see Fauchille and Basdevant, Jurisprudence Italienne en Matiere de Prises Maritimes, 1918). In Portugal the tribunal of commerce at Lisbon enjoys jurisdiction in prize automatically. Appeals lie to the Supreme Court of Justice.
During the World War prize courts were established for the German empire at Hamburg and Kiel composed of a judge as president and one legal member, a naval officer and two members representing shipping and commercial interests. Appeal lay to the superior court of prize sitting in Berlin, consisting of three judges, a naval officer and two lay members representing shipping and commercial interests. The law to be administered is con tained in the prize code (Prisenordnung) of Sept. 3o, 1909, and the
prize court ordinance (Prisengerichtsordnung) of April 15, 1911, both of which were promulgated on Aug. 3, 1914, the latter being amended by an ordinance of March 26, 1916. By article 44o of the Treaty of Versailles, 1919, the Allied and Associated Powers reserved the right to examine all decisions and orders of the German prize courts whether affecting their own subjects or those of a neutral Power (see Fanchille and De Visscher, Juris prudence Allemande en Matiere de Prises Maritimes, 1922).
During the World War, prize courts were established by the Russian Government at Sebastopol, Kronstadt and Viadivostock. Each court was composed of an official of the Maritime Judicial Administration, two naval officers, two officials nominated by the minister of justice and one by the Foreign Office. An appeal lay to the admiralty council. The law to be administered was that con tained in the prize code of 1895, amended in 1904 and revised in 1914. By an imperial ukase of Sept. 1, 1914, the Declaration of London, subject to some modifications, was declared obligatory and was, subject to some further modifications, applied by the courts. The Japanese prize court at Sasebo was composed of a judge as president and eight councillors selected from the navy and from the naval, legislative, foreign and diplomatic depart ments. Appeals lay to the higher prize court at Tokyo composed of a privy councillor and eight councillors. The law administered is contained in the Regulations issued in 1894, 1904 and 1914. The latter enacted that the principles of international law should be applied, subject to any national law, regulation or treaty, and in any event to reciprocal treatment (see Rules of Naval War of Japan; Bulletin de l'Institut Intermediaire International, vol. XI. p. 9, 1924; Hurst and Bray, Russian and Japanese Prize Cases, 1912) . By the Chinese Prize Courts Rules of Oct. 3o, 1917, district prize courts were established with a personnel similar to that of the Japanese courts. An appeal lay to the high prize court composed of the president of the Supreme Court and eight mem bers, representatives of the judicial, naval and administrative departments. The law to be administered is contained in the Chinese Prize Court Rules and Regulations, and when these are silent in the "law, treaties and international usage." The Hague Conventions II. and VI. were found by the courts to be binding (see Chinese White Book, 1918; F. T. Cheng, Judgments of the High Prize Court of China, 1919). Prize courts were established in Siam by the law of July 20, 1917. It was held by the Bangkok prize court that the law to be administered was the law of nations and not the municipal law (see Reports of Prize Decisions in the Fry library, London School of Economics).