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‘File 28/2 War. Prize jurisdiction in the Persian Gulf states’ [10r] (19/292)
The record is made up of 1 file (144 folios). It was created in 25 Oct 1939-28 Feb 1943. It was written in English. The original is part of the British Library: India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. Records and Private Papers Documents collected in a private capacity. .
Transcription
This transcription is created automatically. It may contain errors.
9
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Forms of the heading and title of a cause will be found in Appendix A,
Nos. i (i. and ii.).
^ Every cause instituted for the condemnation of a ship or aircraft as
prize, including causes under Rule 6, shall, except as hereinafter P rov ^,
be instituted in the name of the Crown; but the P roce ^ dm g% t ^" ei ^ a r X’
with the consent of the Crown (through the proper officer of the Crown),
be conducted by the captors or any parties to whom the ship or aircraft
would on condemnation be condemned as prize.
All other causes may be instituted in the name of the parties claiming
or proceeding.
(b) Issue of Writs.
4. Writs shall be issued out of the Registry.
5. A writ for the condemnation of a ship or aircraft as prize shall be in
the forrn No. 2 of Appendix A.
The writ shall be issued on the application of the proper officer of the
Cr Unless the Tudge shall otherwise order, no writ for the condemnation
of a ship or aircraft as prize shall be issued until an affidavit has been
filed as to ship papers or aircraft papers.
6. Where the ship or aircraft has been destroyed or lost, or where goods
have been destroyed or lost or removed from the ship or aircraft, the wn
shall be in the form No. 3 of Appendix A.
7. In a cause instituted against a captor for restitution or damages, the
writ shall be in the form No. 4 of Appendix A.
8 A cause instituted for the recovery of prize salvage (except where the
ship or aircraft is brought in for adjudication) shall be commenced by writ
in the form No. 5 of Appendix A.
9. In a cause instituted to enforce a claim of joint capture, the writ shall
be in the form No. 6 of Appendix A.
(c) Service of Writs.
10. In a cause for the condemnation of a ship or aircraft as prize, the
writ shall be served by the marshal.
n. Service of the writ shall be effected in the manner following: —
(1) upon ship or aircraft, freight or goods on board, by affixing the
original writ for a short time on a conspicuous part of the ship
or aircraft, and by leaving a true copy fixed in its place when
the original is removed; , , ,
, 2 ) upon goods or freight where the goods have been landed or tran
shipped or are not on board a ship or aircraft, by attaching th
writ for a short time to such goods, and by leaving a copy oi
the writ attached thereto; or, if the person having the custody
of the goods refuses access thereto, by showing the writ to such
person and by leaving with him a copy thereof,
(3) upon freight or proceeds of prize in the hands of any person other
13) P than a person holding the same on behalf of the court, by
showing the writ to him, and by leaving with him a copy
* (4) upon^freight or proceeds in court, by showing the writ to the
Registrar and by leaving with him a copy thereof.
12. The writ shall be filed by the party after service as aforesaid, with
a certificate of service endorsed thereon. The certificate of se ™ ce shall
state the date and mode of service, and shall be signed by the person
serving the same, and shall be taken as evidence of such service and of
the date and mode thereof.
About this item
- Content
The file comprises copies of official notices and correspondence relating to prize jurisdiction in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. (the capture of enemy vessels and cargo) during the Second World War, based on the understanding, as described in a letter from the Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. to his Agents, dated 16 November 1939, that, ‘as Kuwait, Bahrain, Qatar, and the Trucial States A name used by Britain from the nineteenth century to 1971 to refer to the present-day United Arab Emirates. are on the side of Great Britain the Crown has the right to exercise prize jurisdiction in these States’ (ff 2-3).
The file includes:
- two printed copies of a booklet entitled Provisional Rules and Orders, 1939: Prize Courts: Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. dated September 2, 1939. Made under Section 3 of the Prize Courts Act, 1894 (57 & 58 Vict. C. 39) (ff 6-59, ff 61-114);
- a printed copy of an Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. entitled Reprisals for restricting German Commerce , dated 27 November 1939 (ff 117-118), and a press statement, issued by the Press Section of the Ministry of Economic Warfare, dated 28 November 1939, relating to the issue of the Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. (f 120);
- correspondence relating to a Danish tanker, the Eleonora Maersk (also spelt Elonora Maersk and Eleanora Mearsk ) which arrived in Bahrain from Iran, in April 1940. In a letter to the Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. (Lieutenant-Colonel Charles Geoffrey Prior) the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. at Bahrain (Hugh Weightman) stated that the Senior Naval Officer in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. has received instructions from the East Indies Commander-in-Chief that the vessel should be sent to Karachi, presumably as prize (ff 121-124);
- a Department of Commerce notification, dated 31 August 1940, stating that measures taken against German shipping can now be applied to Italian shipping (f 131);
- communications relating to prize procedure in respect of Finland, Hungary, Rumania [Romania] and Japan (ff 139-142).
- Extent and format
- 1 file (144 folios)
- Arrangement
The file’s contents are arranged in approximate chronological order, from the earliest item at the front to the latest at the end. The file notes at the end of the file (ff 144-145) mirror the chronological arrangement.
- Physical characteristics
Foliation: the main foliation sequence (used for referencing) commences at the front cover with 1 and terminates at the back cover with 146; these numbers are written in pencil, are circled, and are located in the top right corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. side of each folio. An additional foliation sequence is also present in parallel between ff 2-6, f 60, and ff 119-143, the intermediate folios being skipped; these numbers are also written in pencil, but are not circled, and are located in the top right corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. side of each folio.
Pagination: two printed booklets are present in the file (see ff 6-59 and ff 61-114); these booklets each have their own original printed pagination sequence. The file notes at the back of the file (144-145) have also been paginated using pencil.
- Written in
- English in Latin script View the complete information for this record
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‘File 28/2 War. Prize jurisdiction in the Persian Gulf states’ [10r] (19/292), British Library: India Office Records and Private Papers, IOR/R/15/2/675, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100025289612.0x000014> [accessed 5 June 2026]
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Copyright: How to use this content
- Reference
- IOR/R/15/2/675
- Title
- ‘File 28/2 War. Prize jurisdiction in the Persian Gulf states’
- Pages
- front, front-i, 2r:121v, 123r:145v, back-i, back
- Author
- East India Company, the Board of Control, the India Office, or other British Government Department
- Usage terms
- Open Government Licence