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‘File 28/2 War. Prize jurisdiction in the Persian Gulf states’ [44r] (87/292)
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.
77
£
enemy nation), and retaken by His Majesty’s ship (aircraft)
commander, and decreed the same to be restored
to the claimants for the use of the former owners thereof (or of his
said Majesty, name of allied state, and his subjects, the former owners
thereof) on payment of one-eighth part (or such other part as the Judge
may determine) of the value of the said ship (aircraft) (or the cargo of
the said ship (aircraft)), to the recaptors. The President (or Judge) further
decreed that the costs of the recaptors of and incidental to this cause
should be paid by the claimants (or insert such other order as to costs as the
fudge may make). The President (or Judge) further ordered and directed
that the said value should be ascertained by appraisement of the said ship
(aircraft) (or the cargo of the said ship (aircraft)) by the marshal, and
decreed that in default of payment by the claimant of the said
part of the said value so ascertained as aforesaid, and the said costs)
within days after the return of the said appaisement
by the marshal, the said ship (aircraft) (or the cargo of the said ship
(aircraft)) should be sold by the marshal, and the proceeds of such sale paid
into Court, and that the said
part (and the said costs) be paid to the recaptors out of the said proceeds.
(xiv) In Prize Salvage.
Where Value Sworn or Agreed.
(Commencement as in Form (i).)
The President (or Judge), having heard, &c. (follow last preceding decree
down to “ on payment of ’’and proceed) the sum of , being one-eighth
part (or such other part as the Judge may determine) of the value of the
said ship (aircraft), as proved by the owner and accepted by the recaptors,
and approved by the Court (or as agreed between the owner and the re
captors and approved by the Court).
The President (or Judge) further decreed that the costs of the recaptors
of and incidental to this cause should be paid by the claimant. He further
decreed that in default of payment by the claimant of the said sum of
, and the said costs within six days, the said ship (aircraft) should be
appraised and sold by the marshal, and the proceeds of such sale paid into
Court, and that the said sum of , and the said costs, be paid to the
recaptors out of the said proceeds.
(xv) In Prize Salvage.
Where Ship (Aircraft) restored but Cargo condemned.
(Commencement as in Form (i).)
The President (or Judge), having heard the claim, and evidence thereon,
and counsel (&c. as in Form (i)), rejected the claim of A.B., the claimant
of the cargo of the said ship (aircraft) and pronounced the same to
have belonged (&c. as in Form (i)), and condemned the same as taken by
His Majesty’s ship (aircraft) , . commander, and further
pronounced that freight and expenses are due to the said ship (aircraft) in
respect of the said cargo, and ordered that such freight and expenses should
be a charge on the said cargo; admitted the claim of C.D., claimant of the
H ship (aircraft); pronounced the said ship (aircraft) to have belonged,
&c. (as in Form (xiii) down to “ on payment of, and proceed) of one-eighth
part (or as the case may be) of the value of the said ship (aircraft) and of
the said freight (if the value has to be ascertained, continue as in Form
(xiii), and proceed) and referred the question of freight to the registrar to
ascertain the amount thereof.
[Note.—In cases where a sale of ship (aircraft) or cargo takes place, and
3^73 D
0 . XXX. r
O. XXX.
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’ [44r] (87/292), British Library: India Office Records and Private Papers, IOR/R/15/2/675, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100025289612.0x000058> [accessed 10 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