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‘File 28/2 War. Prize jurisdiction in the Persian Gulf states’ [66r] (131/292)
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.
II
or may by leave of the Court do so at any time before final adjudication.
He shall thereupon become a party to the cause.
2. A person, on entering an appearance, shall give notice thereof to the
party issuing the writ.
3. Where a person has no usual residence or place of business within the
jurisdictiop, appearance may be entered for him by the master of the ship
or aircraft or by an agent duly authorised.
4. A party who has entered an appearance may make a claim in one of
the forms marked No. 9 (i.) to (vii.) in Appendix A, with such variations
as the circumstances may require.
5. An alien enemy shall, before entering an appearance, file in the Regis
try an affidavit stating the grounds of his claim.
6. Where no appearance has been entered the party issuing the writ may
proceed in the cause subject to the filing of an affidavit of service of the
writ. See Appendix A, Form No. 10.
ORDER IV.
Affidavit as to Ship Papers and Aircraft Papers.
1. An affidavit as to ship papers or aircraft papers shall, unless previously
sworn, or otherwise ordered by the Judge, be sworn within ten days after
the ship Or aircraft is brought in for adjudication or is seized within the
jurisdiction.
2. The affidavit shall, with the ship papers or aircraft papers exhibited
thereto, be filed in the Registry within three days, or such longer period
as the Judge may order, after the same is sworn as aforesaid, or, if
sworn before the ship or aircraft is brought in for adjudication, within
the like period after the ship or aircraft is brought in for adjudication.
3. If a captured ship or aircraft is destroyed or lost, the affidavit as tc
ship papers or aircraft papers shall, with the ship papers or aircraft paper
exhibited thereto, be filed within three days of the institution of the cause.
4. Where ship papers or aircraft papers are in the custody or under the
control of any person within the jurisdiction of the Court, the Judge may,
on the application of the captor or of a claimant, order the person having
such custody or control to bring the papers into Court; and thereupon such
person shall bring in all ship papers or aircraft papers as exhibits to an
affidavit in the form marked No. 11 (iv.) in Appendix A.
5. The ship papers or aircraft papers shall be exhibited to the affidavit
and shall be numbered consecutively; and the person before whom the
affidavit is sworn shall initial each of the documents.
6. Every affidavit as to ship papers or aircraft papers shall be sworn
before a commissioner appointed to administer oaths, or before any other
person lawfully authorized to administer oaths in prize matters, or before
the Registrar. The person in charge Of the ship or aircraft, or a person
desiring to make an affidavit shall produce to the person before whom the
affidavit is sworn all the ship papers or aircraft papers (if any) delivered
up Or found on board the ship or aircraft.
7. Where ship papers or aircraft papers are delivered up or found in
ordinary course at the time of capture, the affidavit as to ship papers or
aircraft papers shall be in the form marked No. 11 (i.) in Appendix A.
Where any ship papers or aircraft papers have, after being delivered up
or found, been lost, mislaid, injured or altered, or where any ship papers
or aircraft papers are found hidden or concealed, the affidavit shall be in
the form marked No. n (ii.) in Appendix A, with such variations as the
facts may require.
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’ [66r] (131/292), British Library: India Office Records and Private Papers, IOR/R/15/2/675, in Qatar Digital Library <https://www.qdl.qa/mirador/81055/vdc_100025289612.0x000084> [accessed 20 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