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![handle is hein.slavery/ssactsengr0266 and id is 1 raw text is: CREMIDI V. PARKER-ACHILLES (THE) [1856-57]
[86] ON APPEAL FROM THE HIGH COURT OF ADMIRALTY OF ENGLAND.
CONSTANTINO PANAGIN CREMIDI,-AppeIant; WILLIAM PARKER, ESQ.,
and FRANCIS HART DYKE, Her Majesty's Procurator-General,-Responz-
* dents * [July 15 and 17, 1856, and March 4, 1857].
THE ACHILLES.
Appeal to the Judicial Committee, allowed from a sentence of the Admiralty
Court in England, in a prize case, although more than three months (the time
limited by the Statute, 17 and 18 Vict., c. 18, sec. 37) had elapsed since the
date of the sentence.
Further proof granted to Claimant by the appellate Court as to ownership.
This vessel, under Wallachian colours, laden with a cargo of wheat, the property
of Paolo Focco, of the Island of Cephalonia, a subject of the Ionian Islands, on a
voyage from Galatz to Leghorn, was captured on the 21st of June, 1854, by Her
Majesty's ship Firebragid, whereof the Respondent, Parker, was Commander, when
coming out of the Sulina mouth of the Danube, for breach of blockade, and sent to
Constantinople. The ship and cargo were liberated on bail, and proceeded against
fifteen months afterwards in the High Court of Admiralty of England. The owner
of the ship and cargo, having no notice of the [87] proceedings in the High Court
of Admiralty, did not appear, and no claim being made, the ship and cargo were
condemned by a sentence of that Court, dated the 6th of November, 1855, as prize.
Application was now made for leave to appeal from! that sentence of condemnation.
Their Lordships granted the application upon the same terms as in the case of The
Aspasia (ante [11 Moo. P.C.], p. 84), and admitted further proof by the Claimant
as to the ownership of the property seized.
The circumstances of the case were nearly identical with The Gerasinro, and the
principal facts and questions out of which the appeal arose, are contained in the
judgment of their Lordships in the case of The Gerasimo (post [11 Moo. P.C.], p. 88).
The appeal was argued by Dr. Addams, and Dr. Twiss, for the Appellant; and
by The Queen's Advocate (Sir John Harding), and the Admiralty Advocate (Dr.
Phillimore), for the Respondents.
[See note to last preceding case.]
[88] ON APPEAL FROM THE HIGH COURT OF ADMIRALTY OF ENGLAND.
CONSTANTINO PANAGIN CREMIDI,-Appellant; RICHARD ASHMORE
POWELL, and FRANCIS HART DYKE, Her Majesty's Procurator-
General,-Respondents t [March 2, 3, and 4, 1857].
THE GERASIMO.
The national character of a trader is to be decided, for the purposes of the
trade, by the national character of the place in which it is carried on. If
a war breaks out, a foreign merchant carrying on trade in a belligerent
country, has a reasonable time allowed him for transferring himself and his
property to another country. If he does not avail himself of the opportunity,
he is to be treated, for the purposes of trade, as a subject of the Power under
Present: The Right Hon. T. Pemberton Leigh, the Right Hon. Sir Edward
Ryan, the Right Hon. Sir John Dodson, and the Right Hon. Sir William H. Maule.
t Present: The Right Hon. T. Pemberton Leigh, the Right Hon. Sir Edward
Ryan, the Right Hon. Sir John Dodson, and the Right Hon. Sir John Patteson.
628
XI MOORE, 86](ViewImageLocal?handle=hein.slavery/ssactsengr0266&div=1&collection=&method=preview&ext=.png&size=3)