The "Johann Christoph"

JurisdictionEngland & Wales
Judgment Date13 October 1854
Date13 October 1854
CourtHigh Court of Admiralty

English Reports Citation: 164 E.R. 274

ADMIRALTY PRIZE COURT

The "Johann Christoph"

S. C. Sp Pr. Cas 60, 2 Eng. Pr Cas. 302.

the "JoHANN christoph " (Bohss) Admiralty Prize Coutt, October 13, 1854. -A ship sailing under neutral colours and with neutral papers from a Russian to a British port with a cargo, within the time granted to Russian vessels by the Order in Council, was seized by the Custom House officers, and claimed by the master as the bona fide purchaser and a neutral. Held, on further proof, that 1st, the neutral character was not established ; 2nd, the transfer to the master was merely colourable, 3rd, the Court could not restore the ship as Russian, but protected by the Order in Council, when it was claimed as neutial. [S. C. Sp Pr. Cas 60, 2 Eng. Pr Gas. 302.] This vessel, sailing under Danish colours, was seized by the Custom House officers at Grimaby The circumstances of the case were these :- Mr. Christiansen, a native of Denmark, who for six years had [3] been carrying on business as a merchant at Leith, on the 4th of Apul wrote to Lord Clarendon, informing him of some purchases he had made at Libau, of Mr. H Sorensen, the Danish Consul at that place, and inquiring " whether, in the event of his goods being shipped on board neutral vessels, they would be subject to seizure and condemnation either by and at the instance of the commanders of Her Majesty's cruiseis, or by Her Majesty's officers of Customs on the arrival of the vessels in the ports of this country." On the 22nd of April, a letter was sent from the Foreign Office to Mr. Christiansen, "referring him, in reply to his inquiry, to Her Majesty's Order in Council of the 15th of April, which permits the importation of the goods in question in neutral vessels." Mr. Sorensen chartered the " Johann Christoph," and, about the 4th or 5th of May, put the cargo, consisting chiefly of railway sleepers, on board, consigned to Mr. Christiansen. The ship sailed from Libau on the 9th of May, arrived at Grimsby, and delivered her cargo. She was then seized by the Custom House officers on the 18th of June on suspicion of being a Russian vessel, and her papeis were taken away. On the 25th she was hberated, and her papers restored. She prepaied to take her departure in ballast, and on the 28th received from the Custom House authorities at Grimsby her clearance certificate,^) but upon the following day she was again seized by the officers of the Customs. A claim was given in by Mr. A. H. Lindgren, of Crown Court, Old Broad Street, on behalf of "Johann Gottlieb Bohss, of Altona, master manner, a subject of the King of Denmark, the true, lawful, and sole owner and proprietor of the said ship." The master, mate, and carpenter were examined on the standing interrogatories. The evidence of the master with respect to his own national character was to the (a) "This is to certify that the ship 'Johann Christoph' (Bohss, master), which has this day been cleared outwards at this Custom House for Copenhagen, is free to depart from this port, and to proceed on her voyage without any stop or impediment whatever." B SP.EGG. * AD. 4. THE " JOHANN CHRISTOPH " 275 effect " that he was born at sea in the Baltic, and christened at Libau; that during the seven years last past, up to February last, he has lived at Riga, that...

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