039-NLR-NLR-V-18-THE-SS.-”-STEINTURM”.pdf

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In the Colonial Court of Admiralty of the Island ofCeylon in Prize.
Present: The Hon. Mr. A. Wood Renton, President of Prize Court. .
THE SS. M STEINTURM. ”Cause No. 4.
In order similar to the one made ih the previous cause (No. f> .but subject to slight modifications, was made in this cause.
The Hon. the Attomey-Cfeneral, Akbar, and Obeysekeret C.C.ffor the Crown.
Allan Drieberg, for interested consenting parties.
November 19, 1914. Wood Renton C. J. and P—
The Crown moves in this case for g consent order similar to thatwhich I have just made as regards the ss. ” Molfckefels, ” except thatthe motion contains no proviso as regards goods in respect of whichfreight is due on delivery at the port of destination, and the captorshave the right to complete their title to the freight by conveyingthe goods to such port. The only difference between’ the two casesis that, whereas the ” Moltkefels ” was captured on the high seesthe “ Steinturm ” was seized by the Principal Collector of Customsin Colombo harbour, and there may therefore, at the close of thewar, be some question as to whether or not the enemy owners havean interest in the freight or some portion of it. This is not a matter,however, that need be dealt with at present.
The formal order was as follows: —
The Hon. Mr. Anton Bertram, K.C., Attorney-General, . andMr. S. Obeysekere, Crown Counsel, appearing for the Crown.
The President of the Prize Court made order in the followingterms:—
Whereas by on order dated the 2nd day of September, 1914, theCourt made order and decree that the Marshal be authorized, for thepurpose of the warehousing of the cargo, to put the cargo in the handsof the Crown, the Attorney-General undertaking on behalf of theCrown that in the event of the cargo, or any part- of it, being for thispurpose removed out of the jurisdiction of the Court, it shall bebrought back within the jurisdiction upon the order of the Court:
And whereas the said steamer, except so far as relates to cargoconsigned to Colombo, is still unloaded, and contains general cargoconsigned to Madras, Calcutta, and Chittagong:
And whereas it is for the interest of all persons concerned that thecargo, entitled to release which is consigned to Madras should be
1914.
Woop
Bbntox C.Jand P.
The ss.“Steinhtrm”
there delivered, and the cargo entitled to release which is consignedto Calcutta and Chittagong should be delivered at Calcutta:
It is hereby ordered that in the event of the Crown, in the exerciseof its power under the said order of the Court, conveying the .saidcargo to Madras and Calcutta respectively, the Crown be authorizedto recover against all cargo released and delivered at Madras andCalcutta the following expenses, that is to say: —
(а)In respect.of freight Bs. 15.50 per ton, weight or measure.
(б)In respect of agency charges, such reasonable expenses as
may be* incurred.
It is further ordered that the steamer shall .not depart fromColombo until the expiration of tv period of 21 days from the date ofthis order.
It is further ordered that the steamer shall not depart fromorder be prepared by the Registrar and supplied to the Attorney-General, who will undertake the responsibility of securing -itsadequate advertisement in India.
G. Hazlerigg,Registrar.