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§ 57.

general acceptance of such by civilised nations. Precedents handed down from earlier days should be treated as guides to lead, and not as shackles to bind. But the guides must not be lightly deserted or cast aside. Already in the course of the present war, I have had to deal with questions not remote from those raised in these proceedings and in dealing with them I have striven after careful consideration to decide them in this spirit, with the guidance of the past, and in the light of later experience."

Lützow, n°. 4 (289): „I have been at some pains to ülustrate from -decided cases what I conceive to be the principles upon which the Prize Court acted more than a century ago, but it is no less important to •consider whether those principles still maintain their old force. For I have to ask myself whether time has brought about any changes in methods of trade or in the world's attitude towards warfare of which the court ought to take account. It must not be forgotten that the old "prize rules came to maturity during the Napoleonic wars, and that when they were framed the steamer and the electric telegraph were alike unknown, though it needs an effort of the imagination to picture to ourselves a society in which business was transacted by the sailing ship and the stage coach. Happily for the nation our Prize Courts are only called into being after long intervals of time. In those intervals prize law sleeps, and, as the Legislature has never though t fit to f etter or control the Judges by specific directions as to the law which they -are to administer, but gives them a generous and ample j urisdiction to observe the law of nations, it becomes the privilege and duty of the Court to see that its rules and practice keep in harmony with the general sentiment of civilised humanity: else it may subj eet itself to the reproach that it administers but a dry husk in lieu of a living law."

Svithiod (1325a): „Their Lordships are very fully impressed with the great importance of the whole topic of unneutral service, particul•arly in view of the fact that the change in the circumstances under which maritime warfare is now carried on, is-so great since most of the cases relied upon were decided On some proper occasion it might be necessary to define with very great accuracy the way in which wellknown principles should be apphed under modern conditions "

Achilles and other vessels (1192): „Circumstances change, and the principles upon which the Court acts have to be adopted to changed -circumstances." [comp. § 187.]

Voir aussi Hakan (391) :

„From its nature (the law of nations) is subject to modifications as time rolls on and the world's international conditions change."

Leonora (937): „In the application of the principle, the boundary of the law of nations has been extended from time to time to adapt itself to new and everchanging conditions. This law must from its nature have room for expansion. It cannot, and never could be squeezed into •a mould of a particular size or shape. It never had, or could have the

Verzyl. Droit des prises. 7

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