Coll 28/95 ‘Persia. Relations with H.M.G. Private claims against H.M.G.: case of the S.S. “Kara Deniz”.’ [‎216v] (432/691)

34
4 . Whether the ship was detained by Grovernment in Bombay prior to
her capture.
5. Whether, if so, such detention was not lawful.
6 . Whether the claimant in these proceedings is entitled to claim any
damages /or such detention, and if so what. 5
7. Whether the claimant is entitled to any and, if so, what damages for
the detention of the ship since her capture. . f
8 . Whether Government are not entitled to the expenses to w T hich they
have been put since her capture.
Issues 1, 2 & 3 can be tried first. ' io
Affidavit regarding ship’s Papers 19th November.
Depositions of ship officers, with exhibits as marked by the Registrar.
I submit that shows the ship was Turkish at any rate upto 15th August .
and the onus is on the claimant to show 7 there was a valid transfer.
Transfer must be valid according to Turkish and Persian Law. 15
INVERARITY—
I may have to apply for a commission to ascertain what is the Turkish
Law 7 .
Real issue is whether there was a bond fide transfer.
Took place on 15th August. 20
As to Commercial domicile.
Declaration of London 1909.
23rd September 1914, Government of India Notification, Chapter Y,
Art. 55, Art. 57.
On 15th August the vessel entitled to fly a neutral flag. 25
Claimant born in Constantinople but became a Persian subject and
obtained a firman A Persian word meaning a royal order or decree issued by a sovereign, used notably in the Ottoman Empire (sometimes written ‘phirmaund’). to that effect.
Documents shew he is recognized as a Persian subject by Persian Govern
ment.* ,
Carries on business in steamers wdiich are named after Persian town.
June or July thought of buying two or three steamers. Negotiations fell through.
Broker Often a local commercial agent in the Gulf who regularly performed duties of intelligence gathering and political representation. Willis. Then negotiated for purchase of “ Karadeniz ” and another
steamer.
Concluded on 15th August.
<£15,000 paid to sellers. £T10,000 set off money owed by sellers to the
Persian Co.
Certificate of Persian Consul at Constantinople 2/15 August 1914. Same
day telegram sent by Persian Consul Constantinople to Persian Consul at
Hodeidah, and by selling Company to their agent at Hodeidah.
1 24th August. Hodeidah agent wires to Captain Bombay. I sent the
telegram to # Hodeidah on the 19th.
Claimant speaks Greek. Greek Interpreter sworn.
SOCRATES ATYCHIDES examine /1 by Inverarity.
I claim the “ Karadeniz ” as my profferty. At the time of purchase I ws
canymg on business at Constantinople. I had some partners for financh
purposes. I owmed 7 other steamers in the name of Atychides and Bachrat<
They w 7 ere named after towns in Persia. lam an orthodox Greek born i
Constantinople. I have become a Persian subject since 3 | years by Imperk
Firman A Persian word meaning a royal order or decree issued by a sovereign, used notably in the Ottoman Empire (sometimes written ‘phirmaund’). . The document is at Teheran. I received a passport.
I produce it.
Th J^y steamers aU fly the Persian flag, since I became a Persian subjec
They used to ply between Batoum and Constantinople. They carry mails fc
the Russian Government. They also carry pilgrims to Jeddah. In 1914 I w 7 a
trunking of buying two more steamers to trade to the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. I tried t
30
35
40
45
50