Walter G. F. Phillimore and John A. Barratt

“ Under other statutes it had power to try questions of booty of war when referred to it by the crown, in the same way as prize causes, and claims of king’s ships for salvage on recaptures from pirates, which could be condemned as droits of admiralty, subject to the owner’s right to receive them on paying one-eighth of the value, and also power to seize and restore prizes captured by belligerents in violation of British neutrality, or by a ship equipped in British ports contrary to British obligations of neutrality. ”

“ By an act of 1894 further provision is made for the constitution of prize courts in British possessions. A commission, warrant or instruction from the crown or the admiralty may be issued at any time, even in peace; and upon such issue, subject to instructions from the crown, the vice-admiral of the possessions on being satisfied by information from a secretary of state that war has broken out between Great Britain and a foreign state, may make proclamation to that effect, and the commission or warrant comes into effect. ”

“ From this conseil there was an appeal to the Conseil d’État. When the office of admiral was restored in 1695 he exercised his jurisdiction in prize matters with the assistance of the Conseil des Prises. The appeal was then given to the Conseil Royal des Finances. The Ordonnance sur la marine of August 1681 regulated the procedure. This system continued till the Revolution. The last Conseil des Prises was appointed in 1778. A law of the 14th of February 1793 abolished the Conseil des Prises and gave cognizance of prize matters “provisionally” to the tribunals of commerce. ”

“ In Sweden maritime cases are brought before local courts of first instance consisting of a judge and assessors. There is an intermediate appeal to courts of second instance, and then to the supreme court, which finally decides upon all causes civil and commercial. ”

“ Austria adopts the French law in commercial matters. Italy had tribunals of commerce, but has given them up. She has, however, by Art. 14 of her Merchant Shipping Code, given jurisdiction to captains of ports to decide collision cases when the sum in dispute does not exceed 200 lire.
In Germany there are no special tribunals for admiralty matters. ”

“ In Denmark, Sweden and Norway there is a maritime code which came into force in Sweden in 1891, in Denmark in 1892, and in Norway in 1893. This was intended to be one code for the three countries; but each country as it finally adopted the code made some modifications of its own. ”

“ On the occasion of the war with Austria such a special commission was established by royal decree of the 20th of June 1866. For the war with Abyssinia a fresh commission was established by royal decree of the 16th of August 1896. The composition of this commission, which was slightly different in character from that established in 1866, was as follows: (a) a first president of a court of appeal or a retired one, or a president of a section of the council of state or of cassation ”

“ As England first, and Great Britain afterwards, acquired colonies and possessions beyond seas, vice-admiralty courts were established. The earliest known was that in Jamaica, established in the year 1662. Some vice- admiralty courts which were created for prize purposes Vice-Admiralty Courts.in the last century were suffered to expire after 1815. ”

“ Beers, 20 Howards U.S. Rep. 393, and in a series of subsequent cases that a contract to build a vessel is not a maritime contract (the “Robert W. Parsons”) . Contracts to furnish cargo for ships and to furnish ships to carry the cargoes are maritime contracts (Graham v. Oregon R. & N. Co., [1905] 135 Fed. Rep. 608) .
Whenever there is a maritime lien, even though created by state statute as to a ship in her home port, it may be enforced by suit in rem in admiralty in the federal courts (the “General Smith”; the “Lottawanna,” 21 Wallace Rep. 558, Benedict’s Adm. § 270) . ”