‘File 28/2 War. Prize jurisdiction in the Persian Gulf states’ [23v] (46/292)
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.
thereof bv o^W P H ty 0, L seized as P riz e is restored to the owner
from the date nf deC *, ee of t J le Cour t. the owner may within one month
of the rrn 1 f th 7 ° rder , or decre e, and after notice to the proper officer
certfficaSoT rUS P ^ t0 th f J udge for an order directin g the iLe of a
the rnntr,r reS , tltu i lon ’ and th ^ J^dge shall, unless good cause is shown to
ZpeZT^Noreio ^:^ 6 to be issued in ° ne ° f the ^
ORDER XLIII.
forms, Fees and Costs.
the circumstances 1 ma^require^ ShaU b<! f0ll0 ' Ved with such rariations -
2.—(a) The fees to be taken in prize matters in a Court (other than a
Admiralty °Act ? G meanin g of ^ Colonial Courts of
Admiralty Act, 1890) duly authorised to exercise prize jurisdiction bv the
Urt ,f nd the 0 ®^ ers thereof shall be those set out in Appendix B or so
near thereto as the currency in use in the place in which such Court
IwffiVWh uk pern ? d - The s^cl fees, other than fees Nos. 46 and 49
( ■ shall be paid by transfer from the proceeds in Court to the account
of fees on proceedings) shall be taken by means of stamps. Stamps shall
tho Same natUre and deSlgn and shal1 be affixed and cancelled in
the same manner as stamps used for the taking of fees in respect of the
a rM S1 ? lllar ltems in the ordinary business of such Court. P
(o) I he fees to be taken in prize matters in a Court, being a Colonial
aT iSoo^Zv 7 f T lthm , th . e mean ing of the Colonial Courts of Admiralty
collected and nLf d ° riS 4. e K d exercise P rize jurisdiction shall be affixed,
Courts Act ?8of P lhaf m ^ P rovided b y sec tion 3 (4) of the Prize
Of rhl AU 9 1 ; ^ t0 say m hke manner as the fees arising in respect
° f C ° Urt Under the “' Court? of
3. No document shall be filed, no process issued, no decree or order
made nor act done by the Court or Registrar until the fees due and
shall hav? ST* °J ?“ Ch .S lin & isSUe ’ decree ’ order O' a<:t respectively
the Judge b Paid int ° thG Re Z lstr y unless 11 is otherwise ordered by
4. The costs charges and expenses to be allowed to the practitioners in
fW? matterS ShaU be th0se set out in Appendix C or so near
nor^f-f • curren ey in U u se m the place in which such Court is situate
tTm P K ™ lt ’ incr eased by the same percentage as that which is for the
time being provided by Order LXV, Rule 10 (2), of the Rules of the
^uoreme Court rS 83, or any Rule amending the same, as the percentage
shall be C increased 3 m 3117 blU ° f C ° 3tS ° f the ^ P rescribed b y that Order
ORDER XLIV.
Appeals.
i- In this Order, unless the context otherwise requires:
‘'Appeal ” means " Appeal to His Majesty in Council.”
,, Judgment includes decree, order or decision.
rl „, e 5 ° rd ’’ ™ ea ” s the aggregate of papers relating to an apnea'—v
(including the pleadings, proceedings, evidence, and judgment) proper
to be laid before His Majesty in Council on the hearing of the appeal
2. Applications to the Court for the admission of an appeal as of rWit
or for leave to appeal, shall, if not made at the time th? iuLmeni
appealed from is delivered by the Court, be made by motion within ^seven
nnnnJf 001 ^ da ? ° f / Uch j ud g ment . and the applicant shall give to the
opposite party notice of his intended application.
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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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
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