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‘File 28/2 War. Prize jurisdiction in the Persian Gulf states’ [64v] (128/292)
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.
8
the High Court, or such other officer as shall be appointed by the
Court to carry out the duties of the marshal under these Rules,
" Month ” shall mean calendar month;
“ Owner ” shall include any person to whom by operatioi
the property in a ship or aircraft seized or taken as prize shall,
whole or part, have passed, and shall also include any P e rs°n inter
vening in a cause on behalf of an owner, or intervening and claiming
or alleging an interest in such ship or aircraft;
“ Party ” shall (for the purposes of proceedings m ca ^ S ® °
matter) include the proper officer of the Crown and the party s
“'"Pmin " "hall include company and corporation and body p<*Uc;
" Petitioner ” shall (for the purposes of proceedings in any cause
or matter) include the petitioner’s solicitor (if a ^Y)’ pause or
" Plaintiff " shall (for the purposes of proceedings in any cause or
matter) include the plaintiff's solicitor (if any), nivnrre
" President ” shall mean the President of
and Admiralty Division of the High Court, or the principal Judge
of a Court other than the High Court as the case may ,
“ Proper officer of the Crown ” shall mean His Majesty s Procurator
General or other law officer or agent for the Crown authorised to
conduct prize proceedings on behalf of the Crown within the jurisdiction
° f ‘^Registrar ” shall mean the Admiralty Registrar of the Probate,
Divorce, and Admiralty Division of the High Court, or any assistan
or deputy Admiralty Registrar thereof, or the Admiralty I^trar
of any Court other than the High Court, or such oiffier officer as
shall be appointed by the Court to carry cut the duties of the
^Registry^shalTmean the Admiralty Registry of the Pr °bate,
Divorce and Admiralty Division of the High Court, or of any Court
other than the High Court; . r311( .p
" Respondent ” shall (for the purposes of proceedings in any cause
or matter) include the respondent's solicitor (if any),
" Ship of war " shall include armed shipl^
" Military aircraft ’ shall include armed aircraft;
" Solicitor ” shall mean any solicitor, attorney, or proctor entitl .
to practise in the Court, and the proper officer of the Crown.
2 Unless the contrary intention appears, the provisions of these Rules
relative to ships and aircraft shall extend and apply, miUatu mutandis, to
goods and to freight (if any) due or to grow due; and for such purpose
the terms “ ship ” or “ aircraft ” when used in these Rules shall include
" goods ” and " freight.”
Unless the contrary intention appears, words and expressions in these
Rules shall have the same meaning as in the Prize Acts, 1864 to 1939,
as amended by any subsequent enactment.
ORDER II.
Institution of Causes and Issue and Service of Writ.
(a) Institution of Causes.
1. Every cause in matters of prize shall be instituted by a writ.
2. Causes shall be numbered in the order in which they are instituted,
and the number given to any cause shall be the distinguishing number of
the cause and shall be written or printed on all instruments and other
documents in the cause as part of the title thereof, and the cause shall be
entered in the minute book under such number.
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’ [64v] (128/292), British Library: India Office Records and Private Papers, IOR/R/15/2/675, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100025289612.0x000081> [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