and the penalty for carrying such freight would attach to the neutral vessels carrying the same. This is a position which cannot be accepted for one moment by this country, and is absolutely inconsistent with interna tional law and practice. The point is well summed up by the Times in a leading article as follows : "To entitle a belligerent to treat goods as contraband there must be a fair presumption that they are intended for war like use, and such a presumption does not arise from the mere fact that they are con signed to a belligerent port. In other words, non-blockaded ports should be open to the legitimate trade of neutrals, and belligerents who . . . have not the power to estab lish an effective blockade cannot be suffered to attain the objects of such a blockade by an . . . extension of the definition of con traband." "JAPANESE Prize Courts" are thus de scribed in The Law Times (London) : The Act of 1894 set up a Court of First In stance and a Court of Appeal. The former consisted of a presiding judge drawn from the judges of the Court of Appeal and six assessors.—a naval officer, two judges, and officials of the Admiralty, the Bureau de Lég islation, and the Foreign Office. By the Act the Appellate Court was to be formed of nine members, including two Privy Councilors, of whom one was to be president. Two ad mirals, three judges of the Cour de Cassa tion, and two departmental officials complete the court. To both courts were attached two officers (Commissaires dit Gouvernement), with duties in some respects similar to the marshal of our prize courts. By the rules of procedure, the commander of a vessel who effects a capture is to pro ceed, or send a representative, with the prize to port. On arrival a report is drawn up, stating the circumstances and facts justifying the legality of the capture, and accompanied by all the documents received from the cap tain of the captured vessel. The court then appoints one of the assessors to make full inquiry from the commander, crew, and. if
need be, passengers of the captured vessel. After a complete examination, the assessor reports his decision on the case, with obser vations. Together with all the preceding1 papers, it is sent to the marshals, in order that they may write an opinion. If not com pletely satisfied upon any point, the marshals may ask the assessor to make further in quiry. When the marshals report that the capture should be released immediately, then the prize court, if satisfied also makes a re port to that effect and sends it to the mar shals. But when the marshals hold that there has been a valid capture, or the prize court decide against their opinion upon the necessity for immediate release of the vessel, then a different procedure is required by the rules. A notice inserted in the official Gazette allows thirty days' notice, in order that interested parties may petition to be heard before the court gives judgment. The marshals appear on one side, and the peti tioner may be heard by counsel on the other. The prize court possesses the same power as the marshals of ordering the assessor to ob tain further information or evidence. Either the marshals or the petitioners may appeal from the judgment of the prize court within twenty days. The Appellate Court may order the prize court to obtain further evidence through one of the assessors, but, before tak ing into consideration, the marshals and pe titioner are to have an opportunity to ex press any observations they may desire to make upon the fresh evidence. The Appellate Court pronounces judgment upon the docu ments alone without any verbal hearing. The marshals carry out the judgment. . . . It will have been remarked that the Japa nese courts contain a strong legal element. In a letter to the Times (the 20th July), Pro fessor Holland mentions incidentally that "under rule 54 of the Russian Naval Regu lations of 1895, a 'Port Prize Court' must, for a decree of confiscation, consist of six members, of whom three must be officials of the Ministries of Marine, Justice, and For eign Affairs respectively. An 'Admirals ' Prize Court,' for the same purpose, need
.
