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APPENDIX XII

THE PRIZE COURTS ACT, 1894

57 & 58 VICT., CHAPTER 39

An Act to make further provision for the establishment of Prize
Courts, and for other purposes connected therewith.

[17th August 1894.]

BE it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

Short

Title.

tion of Prize

Courts in

1. This Act may be cited as the Prize Courts Act, 1894. 2.-(1.) Any commission, warrant, or instructions from Her ConstituMajesty the Queen or the Admiralty for the purpose of commissioning or regulating the procedure of a prize court at any place in a British possession may, notwithstanding the existence British of peace, be issued at any time, with a direction that the court shall act only upon such proclamation as herein-after mentioned being made in the possession.

(2.) Where any such commission, warrant, or instructions have been issued, then, subject to instructions from Her Majesty, the Vice-Admiral of such possession may, when satisfied, by information from a Secretary of State or otherwise, that war has broken out between Her Majesty and any foreign State, proclaim that war has so broken out, and thereupon the said commission, warrant, and instructions shall take effect as if the same had been issued after the breaking out of such war and such foreign State were named therein.

(3.) The said commission and warrant may authorise either a Vice-Admiralty Court or a Colonial Court of Admiralty, within

Posses

sions.

the meaning of the Colonial Courts of Admiralty Act, 1890, to 53 & 54 act as a prize court, and may establish a Vice-Admiralty Court Vict. c. 27. for that purpose.

(4.) Any such commission, warrant, or instructions may be revoked or altered from time to time.

Rules of

and Fees

in Prize

Courts. 27 & 28

(5.) A court duly authorised to act as a prize court during any war shall after the conclusion of the war continue so to act in relation to, and finally dispose of, all matters and things which arose during the war, including all penalties and forfeitures incurred during the war.

3.—(1.) Her Majesty the Queen in Council may make rules Court for of court for regulating, subject to the provisions of the Naval Prize Act, 1864, and this Act, the procedure and practice of prize courts within the meaning of that Act, and the duties and conduct of the officers thereof, and of the practitioners therein, and for regulating the fees to be taken by the officers of the courts, and the costs, charges, and expenses to be allowed to the practitioners therein.

Vict. c. 25.

27 & 28

Vict. c. 25.

53 & 54 Vict. c. 27.

As to

Vice-Admiralty Courts.

Repeal of

39 & 40

Geo. 3,

c. 79, s. 25.

(2.) Every rule so made shall, whenever made, take effect at the time therein mentioned, and shall be laid before both Houses of Parliament, and shall be kept exhibited in a conspicuous place in each court to which it relates.

(3.) This section shall be substituted for section thirteen of the Naval Prize Act, 1864, which section is hereby repealed.

(4.) If any Colonial Court of Admiralty within the meaning of the Colonial Courts of Admiralty Act, 1890, is authorised under this Act or otherwise to act as a prize court, all fees arising in respect of prize business transacted in the court shall be fixed, collected, and applied in like manner as the fees arising in respect of the Admiralty business of the court under the said Act.

4. Her Majesty the Queen in Council may make rules of court for regulating the procedure and practice, including fees and costs, in a Vice-Admiralty Court, whether under this Act or otherwise.

5. Section twenty-five of the Government of India Act, 1800, is hereby repealed.

GENERAL INDEX

This Index does not refer to points of the texts of Treaties, &c.,
printed in the Appendices

ABANDONED river-beds, i. 286
Abdicated monarchs, i. 421, 422
Absorption of a State, i. 121
Abuse of neutral asylum, ii. 372-375;

flag of truce, ii. 233

Accession to treaties, i. 546

Accretion of territory: abandoned
river-beds, i. 286

alluvions, i. 284

artificial formations, i. 284

conception of, i. 283

deltas, i. 285

different kinds of, i. 284

new-born islands, i. 285

Acosta, i. 90

Acquisition of territory, i. 263–269

by individuals and corporations,
i. 264

"Actaeon," case of, ii. 470
Acts, i. 529

Acts of force initiative of war,

ii. 104-106

"Adonis," case of, ii. 416, 419

Adhesion to treaties, i. 546

Administration of territory by a

foreign Power, i. 221
Aegi, case of, i. 478

Africa, notification of future occu
pations in, i. 278

preservation of wild animals in,
i. 582

Agent, consular, i. 467, 470

Agents lacking diplomatic or con-
sular character, i. 489

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Alexander II. of Russia, and laws of
war, ii. 77

assassination of, i. 398

Alexander VI., Pope, i. 301
Alexander, Mrs., case of, i. 429
Alien, see Foreigner

Allegiance, oath of, on conclusion of
war, ii. 136

Alliance, Holy, see Holy Alliance
Alliances: casus fœderis, i. 572

conception of, i. 569
different kinds of, i. 571
parties to, i. 570

Alluvion, i. 284

Alternat, the, i. 165

Amakouron, river, i. 228

Ambassadors, i. 424; see also Diplo.
matic agents

Ambulances, ii. 126

emblem of, ii. 127

Amelia Island, case of the, i. 180
American Civil War: blockade,
ii. 398n, 400, 401, 408, 410,
414
contraband in, ii. 427-429, 433,
436

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André, Major, case of, ii. 161

Angary, right of: derivation, ii. 397

exercise of, ii. 472
modern right, ii. 395
obsolete right, ii. 394
pre-emption of neutral goods
under, ii. 397

Anglo-French Agreement, text of,
i. 585-594
Anglo-Japanese Alliance, text of,
i. 569

"Ann," case of, ii. 97

"Ann Catherina," case of, ii. 97
"Ann Green," case of, ii. 207
"Anna," case of, i. 286; ii. 392
Anti-Slavery Conference at Brussels,
i. 347, 567
Antoninus Pius, i. 300

Apocrisiarii, i. 416

"Apollo," case of, ii. 467
Aral, Sea of, i. 230, 307

Arbitration: appointment of arbi-

trator, ii. 16, 23

award, ii. 26

appeal against, ii. 27

binding force of, ii. 18, 26–

28

committee, ii. 17

competence of tribunal doubt-
ful, when, ii. 25, 26
conception of, ii. 15
costs of, ii. 28
early use of, ii. 20
efficacy of, ii. 21

justice of, in general, ii. 21
language to be used, ii. 23
minutes, ii. 24

permanent international court
of, i. 498-504; ii. 20
preliminary proceedings, ii. 23
procedure of tribunal, ii. 24

rule, legal, ii. 22

rules governing, ii. 24
scope of, ii. 18, 19

treaty of, ii. 15, 23

obligations under, ii. 15,

22

stipulations of, ii. 17

umpire, ii. 16, 23

value of, ii. 20

Arbitrators, ii. 16, 23

Argentina, blockade of, ii. 44
Armed forces on foreign territory,
i. 482; see also Jurisdiction
Armed neutrality, see under Neu-
trality.

Armistices: character, ii. 243

commencement, ii. 250

competence to conclude, ii. 246
contents of, ii. 247-250
end of, ii. 252
form of, ii. 247

general, ii. 244, 247

hostilities, cessation of, during,
ii. 247

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Bancroft treaties, i. 368

Barbarous forces, ii. 91

Barbeyrac, i. 83

Art, Union for the protection of Barima, river, i. 228

works of, i. 579

Artificial boundaries, i. 253

Artificial formation of territory,

i. 284

Asgill, Captain, case of, ii. 261

"Askold," case of, ii. 373

Assault, ii. 154, 156

Asylum, see Neutral Asylum

Asylum of criminals: in foreign
countries, i. 371

hotels of diplomatic envoys,

i. 442

men-of-war and other public
vessels abroad, i. 488

"Atalanta," case of, ii. 452
Athens, ancient law of, ii. 37
Atmosphere, territorial, i. 223
Attack on enemy vessels: how
effected, ii. 189
importance, ii. 187
legitimacy of, ii. 188

quarter, duty of giving, ii. 190
Attentat clause, the Belgian, i. 394
Aubaine, droit d', i. 377

Aube, Admiral, on naval warfare,

ii. 219
Aubespine, case of, i. 440

"Augusta Victoria," case of, ii.

344

Aurora," case of, ii. 374

Austin, i. 4

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