Coll 28/95 ‘Persia. Relations with H.M.G. Private claims against H.M.G.: case of the S.S. “Kara Deniz”.’ [‎223r] (445/691)

ia 59—3
In the High Court of Judicature at Bombay.
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ADMIRALTY AND VICE-ADMIRALTY JURISDICTION.
In Prize.
The S.S. “ KARADENIZ.”
Socrates Atychides
Coram —Mx^CLEOD, J.
.. Claimant.
11th March 1915.
On the 5th November 1914 war was declared between Great Britain and
Turkey. On the 13th November the “ Karadeniz,” then lying in Bombay Harbour,
was captured as an enemy vessel by Lieutenant Underhill of His Majesty’s
Royal Garrison Artillery, under Government orders. On the 19th November
the ship’s papers were lodged in Court with the usual affidavit. On the 21st
November the writ was issued against the ship and the goods laden therein
for the condemnation thereof as lawful prize. On 15th January 1915 one
Socrates Atychides, hereinafter called the claimant, filed his claim to the ship.
His petition in support of his claim alleged that he was a Persian subject and
had purchased the ship on the 15th August 1914 at Constantinople from a
Turkish Company called the Seir Sepani Co., that the sale had been completed
the same day and that at the time of capture, or at any other times material
to the matter in the cause, no subject of the Turkish Government 6 r enemy of
Great Britain had any share, right, title and interest m the said ship. He
prayed for the restitution of the ship and damages for her detention.
The Government Solicitor filed an answer on the 22nd January denying
that there was any valid transfer of the ship before the outbreak of hostilities.
This is the first cause to be tried by this Court sitting as a Court of
Admiralty in its Prize Jurisdiction in which the question at issne is whet er
the captured vessel bought is of an enemy or neutral character. The C
such a cause has to administer the course of the Admiralty and the law ot
nations but none-the-less it is true to say that in doing so it administers the
law of England as applied in English Prize Courts, which is m effect the
Common Law of nations as modified by International agreements.
The whole system of litigation and jurisprudence in the Prize Court is
neculiar to itself The procedure is regulated by the Prize Court ^ules of 1914
and the only precedents which can be considered authoritative are the English
Prize cases. , . . T i
The hearing commenced on 22nd February when issues were raised, it
-ii i 0 ■ irvD fLaf fVip issues relating to damages should stand o’\ei
-j ^FethM the captvnre’was lawful or not. The evidence
of n the sWs officers which had been taken before the Registrar was put in,
.laser. - w. x?“E» in f& srsrisst
1 °» 14 —“'S—i .tomhip ol 3,161 ton. «... rogl.Ml, ™
1914 the JAaraaeniz, § • Tf io res i a Turkish Company owning a large
H^rofeVtoTO^sselV The first director of the Company was Ismail Huchey
fleet of 00 to /U^ssc • , Military Transport Department. The
Pasha An Ottoman title used after the names of certain provincial governors, high-ranking officials and military commanders. , w 0 ^ vaS r ^ n S ° u b een in the service of the company for 24
Captain of ^ ilft it was infaot owned by the Turkish Government and
years, has stated that it was nt servant an d I accept this evidence.
that he considere im Turkish Government controlled the movement
In any event it is clear they were put. Towards the end
of the company s ships and _ .< Kara(ie ni z ” left Constantinople on a
of June or the beginning of ^ termediate ports . She arrived in
ZZy m balS on theZth August, flying the Turkish flag and with