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‘File 28/2 War. Prize jurisdiction in the Persian Gulf states’ [68v] (136/292)
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.
l6
2. An application for release shall be made in chambers by summons
(Appendix A, Form No. 48). 2
/ apt
3. Ine amount of the bail or the amount to be paid into Court in lieu
of bail as the case may be shall be the full value of the property sought ~ J
to be released, and unless agreed such value shall be ascertained by appraise- 4
rnent or in such other manner as the Judge or Registrar shall direct. ^ eai
4. Bail shall be given by filing a bail bond, which shall be signed by two the
sureties, unless the Judge or Registrar shall order that one surety shall
suffice, and it shall be taken before a commissioner authorized to administer'
oaths in the Court in the exercise of its ordinary jurisdiction, or before the
\egistrar, or by his direction before a clerk in the Registry, and in every
case the sureties shall justify by affidavit.
Forms of bail bond and of affidavit of justification will be found in
Appendix A, Nos. 28 and 29.
5. A bail bond shall not, unless by consent, be filed until after the ex-,
piration of twenty-four hours from the time when a notice (Appendix A,
Form No. 30) containing the names and addresses of the sureties and of the
commissioner before whom the bail was taken shall have been served upon r
the adverse solicitor, and a copy of the notice verified by affidavit shall be can
filed with the bail bond.
6. No commissioner shall take bail on behalf of any person for whom 6
he or any person in partnership with him is acting as solicitor or agent. not
7. A commission or fee paid to a person becoming surety to a bail bond P™
or otherwise giving security may be recovered on taxation, provided that arr<
the amount of such commission or fee shall not in the aggregate exceed the
one pound per centum on the amount in which bail is given. 7
8. If the adverse party is not satisfied with the sufficiency of a surety, w ^ <
he may file a notice of objection to such surety (Appendix A, Form No. ^i)'
sare ^y shall thereupon be produced for cross-examination on his ^ ee
affidavit before the Registrar, who shall report on his sufficiency. If the inci
Registrar reports against the sufficiency of the surety, a new bail bond rele
shall be prepared. g
9 - Where bail is given in a cause for condemnation it shall be deemed ( A F
to be given and to be answerable not merely to the actual captors, but to whi
all parties having any rights in or against the property, including the or '
Crown, and in respect of the decree of the Court or of any court authorised 9
to hear appeals therefrom.
10. Every party filing a bail bond shall at the time of filing the same
deliver to the Registrar a copy thereof. The Registrar shall keep every
such copy in a register (to be called the Register of Bail Bonds) which may
be inspected by any person at any time when the Registry is open. 1
11. Whenever by an order of the Judge bail is ordered to be estreated the
the proper officer of the Crown shall, unless the order otherwise directs notl
take all necessary steps to effect such estreatment and for +w m *
ORDER XIII.
Releases.
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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’ [68v] (136/292), British Library: India Office Records and Private Papers, IOR/R/15/2/675, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100025289612.0x000089> [accessed 12 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