Coll 28/95 ‘Persia. Relations with H.M.G. Private claims against H.M.G.: case of the S.S. “Kara Deniz”.’ [216r] (431/691)
The record is made up of 1 file (343 folios). It was created in 29 Oct 1927-10 Feb 1938. It was written in English and French. The original is part of the British Library: India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. Records and Private Papers Documents collected in a private capacity. .
Transcription
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IN THE HIGH CfOURT OF JUDICATURE AT BOMBAY.
Z
-,<T)
II
ADMIRALTY AND VICE-ADMIRALTY JURISDICTION.
Case No. 3 of 1914.
In the matter of the Secretary of State for India in Council
and
S.S. “ KARADENIZ.” 5
Coram —MACLEOD, J.
[COPY OF JUDGE'S NOTES OF THE PROCEEDINGS ]
Dated 22nd February 1915.
ADVOCATE GENERAL for Government.
MIRZA for Claimant; INVERARITY with him. 10
ADVOCATE GENERAL.
Refers to 0. XV*r 6 .
Ship arrived on 19th August under Turkish flag.
25th September notified to Port Officer she was flying Persian flag.
1st November notified in Gazette that war had been declared with Turkey. 15
7th November Persian Consul wrote to Secretary to Government.
13th November Ship seized.
19th November affidavit of ships Papers filed.
21st November Writ issued.
Officers examined. 20
13th January Claim filed.
22nd January Answer.
Is the claimant a Persian subject ? The onus of proving that rests on him.
Test of Nationality in Prize Cases is domicile.
XXIII, p. 278, Halsbury.
1 Was there a valid transfer ?
Were formalities of Turkish Law complied with?
Was the transfer bond fide ?
Was contemplated by Turkish Government-on 15th August.
Transfer must be completed by delivery. . 30
Transferor carrying on business in Constantinople.
Captain officer servant of Turkish Government and was to remain on it.
See ‘The Tommi,’ p. 4, citing The “ Jan Prederick ” 5th Rob. Report,
p. 158. 1st Volume, English Prize Cases, p. 435.
The question of damages can be gone into after condemnation question 35
decided.
A. G. issues at present:—
1. Whether the claimant was at the date of the alleged transfer and of
the capture a Persian subject for the purpose of Prize Law.
2. Whether there w r as a valid transfer to the claimant before her capture. 40
3. Whether the capture was not lawful.
за. Whether at the time of capture the “ Karadeniz ” was entitled to fly
the Persian flag.
зб. By Inverarity. Whether the sale to the claimant was not absolute
and bond fide.
ia 27—33
33
25
45
About this item
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Correspondence, reports and other papers relating to the case of the SS Kara Deniz , a Turkish-owned steamship that was claimed as prize by the British Government at the moment of the Ottoman Empire’s entry into the First World War, while the vessel was moored at Bombay [Mumbai]. The papers focus on a financial claim made against the British Government by the vessel’s Greek owners, Socrates Atychides and Theodore Vahratoglou, based on the argument that the vessel had been sold to Persian owners before it was claimed as prize.
The file includes: correspondence beginning in 1927 and exchanged between the Foreign Office, India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. and Government of India, responding to the Government of Persia’s desire to conclude the claim being pursued by Atychides against the British Government; discussion of whether the Kara Deniz was detained prior to or after the Ottoman Empire’s entry into the War; accounts detailing the seizure of the Kara Deniz , including a 1928 note entitled ‘A brief account of the circumstances attending the alleged detention at Bombay of the S. S. “Kara Deniz” prior to her capture as a prize vessel in 1914’ (ff 323-330), and another note entitled ‘Diary of certain events relating to the detention of the S. S. “Kara Deniz” at Bombay in 1914” (ff 151-152); copies of correspondence (some in French) from Atychides; a printed copy of the court proceedings at the High Court of Judicature at Bombay, Admiralty and Vice-Admiralty Jurisdiction, entitled ‘Case No. 3 of 1914. In Prize. Steamship “Kara Deniz.”’ (ff 189-246); discussion of the claim in relation to other outstanding claims and disputes to be settled between the British and Persian Governments; a report prepared by HM Envoy Extraordinary and Minister Plenipotentiary A diplomatic representative who ranks below an ambassador. The term can be shortened to 'envoy'. at Tehran, Reginald Hervey Hoare, dated 1935, entitled ‘British claims against Persia’ (ff 84-109).
- Extent and format
- 1 file (343 folios)
- Arrangement
The papers are arranged in approximate chronological order from the rear to the front of the file.
- Physical characteristics
Foliation: the foliation sequence (used for referencing) commences at the inside front cover with 1, and terminates at the last folio with 345; these numbers are written in pencil, are circled, and are located in the top right corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. side of each folio.
- Written in
- English and French in Latin script View the complete information for this record
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Coll 28/95 ‘Persia. Relations with H.M.G. Private claims against H.M.G.: case of the S.S. “Kara Deniz”.’ [216r] (431/691), British Library: India Office Records and Private Papers, IOR/L/PS/12/3501, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100066723405.0x000022> [accessed 7 April 2025]
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- Reference
- IOR/L/PS/12/3501
- Title
- Coll 28/95 ‘Persia. Relations with H.M.G. Private claims against H.M.G.: case of the S.S. “Kara Deniz”.’
- Pages
- 216r:222v, 234r:236v
- Author
- Strangman, Thomas Joseph
- Copyright
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