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‘File 28/2 War. Prize jurisdiction in the Persian Gulf states’ [68r] (135/292)
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.
ORDER XI.
Sale, Appraisement, Safe Custody and Inspection of Prize.
1. The Judge may, at any time on the application of the marshal or
any party, make such order as to the removal, safe custody or preservation
of a ship or aircraft as he may think fit, and may at any time order the
ship or aircraft to be appraised, if not already appraised, and sold.
2. The appraisement and sale of a ship or aircraft, the removal and
survey thereof, and the unlading and warehousing of goods shall be effected
by the marshal under the authority of a commission.
Forms of commission and (for the case of a ship) bills of sale by the
marshal will be found in Appendix A, Nos. 23 and 25. In the case of an
aircraft the contract of sale shall be in such terms as the Judge shall direct.
3. Where a ship or aircraft is ordered to be sold, such sale shall be by
public auction unless the Judge shall for good cause otherwise order, and
the gross proceeds thereof shall be paid into Court by the marshal.
Form showing conditions of sale usual in the case of a ship will be found
in Appendix A, No. 26. In the case of an aircraft the conditions of sale
shall be in such terms as the Judge shall direct.
4. Where the Judge orders any act or acts in Rule 2 mentioned to be
done, the party who has obtained the order shall thereupon obtain out of
the Registry a commission and shall lodge the same with the marshal for
execution.
5 Every commission issued under Rule 2 shall, as soon as possible after
its 'execution, be filed in the Registry by the marshal with a return,
setting forth the manner in which it has been executed. Ihe marshal
shall, with the commission, file his accounts and the vouchers in support
thereof.
Forms of marshal’s certificate and accounts will be found in Appendix A,
Nos. 24 and 27.
6. The Registrar shall on the application of any party review the marshal s
accounts, and shall report the amount which he considers should be allowed;
and any party to the cause may be heard before the Registrar on the review.
7. The Judge on the application of any party by summons may review
the Registrar’s decision.
8. The amount found due to the marshal shall be paid out to him on an
order signed by the Judge.
9 All costs and expenses of and incidental to orders issued under Rule 2
shall in the first instance be borne and paid by the party on whose applica
tion the order is issued.
10. Where the judge directs that goods be unladen, inventoried, and ware
housed, they shall, unless the Judge otherwise orders, remain in the custody
of the marshal until sale or restitution thereof.
n. The Judge may, if he thinks fit, upon the application of any party
to a cause, order any property under the arrest of the Court or being the
subject-matter of a cause to be inspected by any party thereto or by any
person appointed by the Court.
ORDER XII.
Bail.
x. No property in the custody of the Court shall be released on bail 01
on payment into Court in lieu of bail except by order of the Judge or
Registrar.
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’ [68r] (135/292), British Library: India Office Records and Private Papers, IOR/R/15/2/675, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100025289612.0x000088> [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