Charles Tottie, - Appellant; Edmund Heathcote and Francis Hart Dyke, HM Procurator-General, - Respondents
| Jurisdiction | UK Non-devolved |
| Judgment Date | 01 August 1855 |
| Date | 01 August 1855 |
| Court | Privy Council |
English Reports Citation: 14 E.R. 415
ON APPEAL FROM THE HIGH COURT OF ADMIRALTY.
Mews' Dig. tit. War; 3. Prize of War; a. Rights as to. See note to Schacht v Otter; The Ostee, 1855, 9 Moo. P.C. 150.
[70] ON APPEAL FROM THE HIGH COURT OF ADMIRALTY. CHARLES TOTTIE,-Appellant; EDMUND HEATHCOTE and FRANCIS HART DYKE, Her Majesty's Procurator-General,-Respondents* [August 1, 1855]. the " johanna maria." Condemnation of a neutral ship for a breach of the blockade of Riga. The ship having come out of the blockaded port with a full knowledge of the blockade. Ship condemned, without costs of appeal, on account of the laxity of the blockade. * Present: The Lord President of the Council (the Earl Granville), the Right Hon. T. Pemberton Leigh, the Right Hon. Sir Edward Ryan, the Right Hon. Sir John Patteson, the Right Hon. Sir John Dodson, and the Right Hon. Sir William H. Maule. 415 X MOORE, 71 TOTTIE V. HEATHCOTE-JOHANNA MARIA (THE) [1855] The circumstances in this case which led to the capture of the ship, differed from those of The Franciska (ante [10 Moo. P.O.], p. 37), in this extent. The Johanna Maria, a neutral ship, belonging to a subject of Sweden, under Norwegian colours, took on board at Stavanger, a cargo of herrings, and sailed therewith on the 5th of May, 1854, bound for Riga, where she arrived on the 20th of that month, and discharged hsr cargo, and then took on board a return cargo of rye and hemp, and sailed from Riga on the 24th of May, bound for Elsinore for orders, destined for a Norwegian port, and in the prosecution of such voyage was captured on the following day, about eight miles off Lyserort, at the entrance of the Gulf of Riga, by Her Majesty's ship Archer, the Respondent, Edmund [71] Heathcote, Esq., Commander, and brought to England for adjudication. On the 19th of July, a claim was entered for the ship by the Appellant, the Swedish Consul-General, on the part of the owner, Christian Lindtner, of Stavanger, Norway. After the admission of further proof by the captors and claimant, the ship and cargo were condemned by sentence of the High Court of Admiralty, dated the 3rd of February, 1855, for a breach of the blockade of Riga with a full knowledge by the master of the blockade. From that sentence the present appeal was brought. Dr. Addams, and Dr. Twiss, for the Appellant; and The Queen's Advocate (Sir John Harding)...
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The Franciska
...proceeded to uphold the condemnation of the .Johanna Maria, which had entered Riga on May 20th, and came oat with cargo on May 27th (10 Moo. P.C. 70). ...
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Schacht v Otter and Another
... ... -Appellant ... Henry Charles Otter and Francis Hart -Respondents 1 ... See Phillimore, Inter. Law, vol. 3, 2nd ... ; HENRY CHARLES OTTER and FRANCIS HART DYKE,-Respondents * [Feb. 19 and 23, 1855]. the " ... ...
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Northcote v Captain George Henry Douglas and Another
...Hon. Sir John Dodson, and the Right Hon. Sir W'illiam H. Maule. (a-) This was one of a class of cases, consisting of The Johanna, Maria, [10 Moo. P.C. 70], Union [10 Moo. P.C. 73], Annechina Jantina, Steen Bitte, Vrouw ALida, Jeanne Maria, and Nornen, taken as prizes for a breach of the blo......