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‘File 28/2 War. Prize jurisdiction in the Persian Gulf states’ [67r] (133/292)
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.
4. A party may apply to the Judge to decide before the trial of the
cause any question of law raised by any pleading, and the Judge shall
thereupon make such order as he shall think fit.
5. Any person becoming a party after the filing of a petition, shall, after
making a claim, or by leave of the Judge, be entitled to a copy ofj the
petition, and shall within seven days of the receipt thereof plead thereto
as in Rules 1 and 2 stated.
Forms of pleadings will be found in Appendix A, Nos. 13 (i) to (iv).
ORDER VIII.
Particulars.
In any cause the Judge may, on the application of any party by
summons, order particulars in writing of any allegation contained in any
pleading or other document to be delivered by a party upon such terms
as he may think just.
Forms of order and of particulars will be found in Appendix A, Nos. 14
and 15.
ORDER IX.
Discovery, Inspection, and Admission of Documents and Facts.
1. Any party to a cause or matter may apply to the Judge for an order
directing any party other than the proper officer of the Crown to make
discovery on oath of the documents which are or have been in his possession
or power, relating to any matter in question therein, and the Judge shall
make such order, either generally or limited to certain classes of documents,
as he may think fit. Provided that discovery shall not be ordered unless
the Judge shall be of opinion that it is necessary either for disposing
fairly of the cause or for saving costs.
2. The affidavit, to be made by any person against whom an Order for
discovery of documents has been made under Rule 1, shall specify which,
if any, of any of the documents therein mentioned he objects to produce
and it shall be in the Form No. 16 of Appendix A with such variations
as circumstances may require.
3. On the hearing of any application for discovery of documents the
Judge in lieu of ordering an affidavit of documents to be filed may order
that the party from whom discovery is sought shall deliver to the other
parties a list of the documents which are or have been in his possession,
custody or power relating to the matters in question. Such list shall as
nearly as may be follow the form of the affidavit in the Form No. 16 of
Appendix A. Provided that the ordering of such list shall not preclude
the Judge from afterwards ordering the party to make and file an affidavit
of documents.
4. Any party to a cause may, for the purposes of the hearing of a cause,
serve a notice (Appendix A, Form No. 17) on any other party to produce,
for inspection or for the purpose of being copied, any document in his
possession or power relating to any matter in question in the cause.
5. If the party served with notice to produce omits or refuses to do so
within the time specified in the notice, the adverse party may apply to
the Judge for an order to produce, and the Judge may, if he thinks fit.
make such order.
6. Notice to produce documents at the hearing or at an examination of
witnesses shall be in the Form No. 18 of Appendix A, with such variations
ts the circumstances 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’ [67r] (133/292), British Library: India Office Records and Private Papers, IOR/R/15/2/675, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100025289612.0x000086> [accessed 9 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