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![handle is hein.slavery/ssactsengr0295 and id is 1 raw text is: II MOORE N.S., 161 PAPAYANNI V. RUSSIAN S.N. CO.-LACONIA (THE) [1863]
paid upon the mortgage, exceed the £4,000, made payable by the Bond, we think
that the motion for the injunction in this case was properly refused. We shall,
therefore, humbly recommend Her Majesty to dismiss this appeal; but having re-
gard to what was said upon the hearing of the former appeal, and to the difficulty
of the case, we shall recommend that the appeal be dismissed without costs.
[Mews' Dig. tit. DEED AND BOND, F. 3 OF INDEMINITY, H. 7 Staying Proceedings;
tit. PENALTY, A. 2 b. S.C. 12, W.R. 654.]
[161] ON AN APPEAL FROM HER MAJESTY'S SUPREME CONSULAR
COURT, CONSTANTINOPLE.
GEORGE MICHAEL PAPAYANNI and Others,-Appellants; THE RUSSIAN
STEAM NAVIGATION AND TRADING COMPANY,--Respondents * [July
10, 11, 18, and 25, 1863].
THE LACONIA.
Between Christian States a claim of jurisdiction, or exemption from jurisdic-
tion, must be founded on Treaty or engagement of similar validity. A wide
difference, however, exists in almost all transactions, whether political or
mercantile, between Oriental and Christian States, where a cession of juris-
diction may be expressed by usage and acquiescence [2 Moo. P.C. (N.S.) 181].
The Ottoman Governmient has long acquiesced in allowing the British Govern-
ment a jurisdiction between British subjects, and subjects of other Christian
States, which jurisdiction is exercised by means of Consular Courts [2 Moo.
P.C. (N.S.) 183].
There is no compulsory power in an English Court in Turkey over any but
English subjects; but a Russian,'or other Foreigner, may voluntarily submit
to the jurisdiction of such a Court, with the consent of his Sovereign [2 Moo.
P.C. (N.S.) 184].
No objection is tenable to the jurisdiction of the British Consular Court between
British and Russian subjects, authorized by a decree of the Russian Chan-
cellerie, to submit to such jurisdiction; and it is not competent to a British
suitor to raise such objection [2 Moo. P.C. (N.S.) 182].
The Consular Court at Constantinople possesses a jurisdiction inv rem, in cases
of collision between British and Foreign ships, but although that Court has
such jurisdiction, it does not involve the administration of the Common
law of England. Where, therefore, the Judicial Committee were of opinion
that it did not sufficiently appear that both parties, as held in the Court
below, were equally to blame, they refused to confirm. the decision of the
Consular Court decreeing a division of damages according to the maritime
rule, but dismissed the appeal in an action and cross-action, on the ground
that neither party had proved their case [2 Moo. P.C. (N.S.) 187-189].
This was an appeal from two judgments in an action and cross-action, being a
claim and counter-claim, respecting damage by collision off the Island of Marmora,
whereby the steamer Colchide was lost, pronounced by the Judge of the Supreme
Con-[162]-sular Court at Constantinople, who held both parties equally to blame, and
decreed both parties to bear a moiety of the damages occasioned by the loss.
The Appellants were British subjects domiciled in England, and owners of the.
Laconia. The Respondents were Russian subjects, The Russian Steam Naviga-
tion and Trading Company, a public Company, incorporated by an Imperial
ukase of His Majesty the Emperor of Russia, and were the owners of the steam
ship Colclide.
Present: Lord Kingsdown, Dr. Lushington, and Sir Edward Ryan.
862](ViewImageLocal?handle=hein.slavery/ssactsengr0295&div=1&collection=&method=preview&ext=.png&size=3)