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‘File 28/2 War. Prize jurisdiction in the Persian Gulf states’ [43r] (85/292)
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.
75
craft), and condemned the same* [together with her tackle, apparel,
furniture, stores, arms, and ammunition] as good and lawful prize,
[generally reserving the question by whom taken,] f [and also the considera
tion of prize bounty] [or as taken by His Majesty’s ship , commander,
and (if head money is given) pronounced and declared that the officers and
crew of His Majesty’s said ship (or such of them as are entitled)
are entitled to prize bounty as having been present at the taking of the
said ship of war (or military aircraft) and that
at the beginning of the engagement there were on board the said ship
Q f war persons, and that the amount of prize bounty
aforesaid is the sum of ] •
* Omit in the
case of captured
aircraft.
t Omit the rest
of this form in
the case of
captures by an
aircraft.
O. XXXIII.
Naval Prize
Act, 1864 ,
s. 42-
(vi) On Condemnation of a Neutral Ship or Aircraft.
(Commencement as in Form (i).)
The President (or Judge) &c. (follow Form (i) with the necessary
adaptations down to the word “ rejected,” and continue:) the said claim
(or claims), pronounced the said ship (aircraft) (and the said cargo) (or
the said cargo) to be liable to confiscation upon the ground that (here state
the grounds of confiscation), and condemned the same &c. (adapt
* Form (i)).
(vii) On Condemnation, where Ship (Aircraft) has been destroyed.
(Commencement as in Form (i).)
The President (or Judge) &c. (follow Form (i) with the necessary
adaptations down to the word “ commander,” and continue:) and declared
the destruction of the said ship (aircraft) (or cargo, &c.)
to have been necessary (here state the grounds on which the Court held
the destruction to be justified).
(viii) On Restoration.
(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 if there is a separate claim for cargo, and of C.D., claimant ot the
cargo of the said ship (aircraft)) and the evidence thereon and counsel
for (insert names and descriptions of the parties heard), and having been
assisted by (here state names and descriptions of assessors if any) admitted
the said claim (or claims), pronounced the said ship (aircraft)
(and cargo) (or the said cargo) to have belonged as claimed, and decreed
the said ship (aircraft) (if the freight is due, with freight and expenses
to be a charge on the cargo) (together with the said cargo) to be
restored to the claimants for the use of the owners thereof [on payment
of the captors’ expenses or and condemned the captors (insert name or
names) in the costs and damages sustained by the owners of the said
ship (aircraft) and of the said cargo (or of the said cargo) by reason o.
the capture and detention thereof by 4.
and referred the amount of such costs and damages to the Registrar tc
report thereon].
(ix) Condemning Ship (Aircraft) and Restoring Cargo.
* (Commencement as in Form (i).)
The President (or Judge) having heard, &c. (adapt Form M). pro
nounced the said ship (aircraft) to have belonged
time of capture and seizure thereof to enemies of the Crown of Gre-t
Britain and, as such or otherwise, subject and liable to confiscation, and
Condemned ihe same (as also the freight due for trans^rtert.on o,
the cargo lately taken therein) as good and lawful prize, and as taker.
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’ [43r] (85/292), British Library: India Office Records and Private Papers, IOR/R/15/2/675, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100025289612.0x000056> [accessed 8 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