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‘File 28/2 War. Prize jurisdiction in the Persian Gulf states’ [42v] (84/292)
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.
74
(or if there is a separate claim for cargo, and of C.D., claimant of the cargo
of the said ship (aircraft) ), and the evidence thereon, and counsel for
(insert the names and descriptions of the parties heard), and having been
assisted by (here state names and descriptions of assessors, if any), rejected
the said claim (or claims), pronounced the said ship (aircraft) (and
the said cargo) (or the said cargo) to have belonged at the time of capture
and seizure thereof to enemies of the Crown, and, as such or otherwise,
subject and liable to confiscation, and condemned the same (if, on con
demnation of ship (aircraft) alone, freight is due, add as also the freight
due for the transportation of the cargo lately laden therein) as good and
lawful prize, and as taken by His Majesty’s ship (aircraft)
, commander, and ordered the said ship (aircraft) ,
to be appraised and sold by the marshal (or if both ship and cargo, or air
craft and cargo, or cargo alone, ordered the said cargo to be unladen and
appraised and sold by the marshal), (and if the Judge should give the
claimants their costs and expenses, add) but directed the costs and expenses
of the claimants to be paid out of the proceeds of such sale of ship
(aircraft) (or cargo), and referred such costs and expenses to the registrar
to ascertain the amount thereof.
O xxvm. (ii) for Detention.
(Commencement as in Form (i).)
The President (or Judge) having heard the claim of A.B., claimant of
the said ship (aircraft) (and of the cargo thereof) (or as the case may be),
and the evidence thereon, and counsel for the Crown and (insert the name
and description of the claimant heard), pronounced the said ship (aircraft)
(and the said cargo) (or as the case may be)
to have belonged at the time of seizure to enemies of the Crown and to
have been seized under such circumstances as to be entitled to detention
in lieu of confiscation, and ordered the said ship (aircraft) and cargo to
be detained by the Marshal until further order is issued by the Court.
O. xv. r 8. (hi) On Condemnation by Default.
(Commencement as in Form (i).)
The President (or Judge) having heard the evidence and counsel for
the (Crown or) captors, in default of appearance and claim of (insert
owners of ship, aircraft, or as the case may be), pronounced, &c. (adapt
Form (i)).
O. xxvm. (iv) For Detention on Condemnation by Default.
(Commencement as in Form (i).)
The President (or Judge) having heard the evidence and counsel for
the Crown, in default of appearance and claim of (insert owners of ship
(aircraft) or as the case may be) pronounced the said ship (aircraft) to have
belonged at the time of seizure &c. (as in Form (ii)).
tv) On Condemnation of a Ship of War or a Military Aircraft.
(Commencement as in Form (i).)
The President (or Judge) having heard the evidence and counsel for
the Crown (or captors), in default of appearance and claim pronounced the
said ship (aircraft) to have belonged at the time of capture
and seizure to enemies of the Crown, and, as such or otherwise, subject
and liable to confiscation, as having been a ship of war (or military air-
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’ [42v] (84/292), British Library: India Office Records and Private Papers, IOR/R/15/2/675, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100025289612.0x000055> [accessed 7 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