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‘File 28/2 War. Prize jurisdiction in the Persian Gulf states’ [40r] (79/292)
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.
40
6g
No. 42.
Request.
o. XV. r. xx.
To the President and Judges of
may be).
(or as the case
Whereas a cause is now pending in the (here fill in the name of the
Prize Court), in prize and the said cause is instituted on behalf of His
Britannic Majesty for the condemnation of the ship
and her cargo (or as the case may be) as prize, and the said ship and cargo
(or as the case may be) is claimed by C.D., a subject of
(or, and the said cause is instituted for the recovery of prize salvage or to
establish a claim of joint capture by E.F. against A.B.).
And whereas it has been represented to the said Court that it is necessary
for the purposes of justice, and for the due determination of the matters in
dispute in the said cause, that the following persons should be examined as
witnesses upon oath touching such matters, that is to say:
and Y.Z., of .
And it appearing that such witnesses are resident within the jurisdiction of
your honourable Court.
Now I, , President (or, one of the Judges, as the case may
be) of the said (here fill in the name of the Prize Court), have the honour
to request that for the reasons aforesaid and for the assistance of the
Court you as the President and Judges of the said (here fill in the name
of the Court to which the request is addressed), or some one or more of
you, will be pleased to summon the said witnesses [and such other witnesses
as the said C.D. or his agents may humbly request you in writing so to
summon] to attend at such time and place as you shall appoint before some
one or more of you, or such other person as according to the procedure of
your Court is competent to take the examination of witnesses, and that if
due notice has before such time appointed been given of such examination
to the agent acting on behalf of His said Majesty (or as the case may be) in
this matter, you will cause such witnesses to be examined upon the
interrogatories which accompany this letter of request (or viva voce)
touching the matters in question in this cause in the presence of the
agents of the parties, or such of them as shall, on due notice given, attend
such examination.
And I further have the honour to request that you will be pleased to
cause the answers of the said witnesses to be reduced into writing, and
all books, letters, papers, and documents produced upon such examination
to be duly marked for identification, and that you will be further pleased
to authenticate such examination by the seal of your tribunal, or in such
other way as is in accordance with your procedure, and to return the
same together with such request in writing, if any, for the examination
of other witnesses through His Majesty’s Secretary of State for Foreign
Affairs (or His Majesty’s Secretary of State for the Colonies, or the
governor of ) for transmission to the said (here fill in the name of
the Prize Court).
[Note. —If the request is directed to the High Court in India it should
be transmitted direct and the concluding sentence of the form altered
accordingly]
T.U., of
W.X., of
(Signed)
President (or Judge of the Probate, Divorce,
and Admiralty Division of the High
Court of Justice of England
or as the case may be).
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’ [40r] (79/292), British Library: India Office Records and Private Papers, IOR/R/15/2/675, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100025289612.0x000050> [accessed 6 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