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‘File 28/2 War. Prize jurisdiction in the Persian Gulf states’ [69r] (137/292)
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.
17
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2. A release shall be issued at any time before adjudication upon the
application of the proper officer of the Crown.
3. A release may be issued at any time upon the order of the Judge.
4. A release may (unless there is a caveat outstanding against the re
lease of the property) be issued in the following cases upon the order of
the Registrar: —
(a) upon a consent (conditional or otherwise) being filed by the proper
officer of the Crown.
(b) where proceedings instituted by or on behalf of the Crown are
discontinued.
(c) where property has been ordered to be released on bail and bail has
been given in accordance with such order.
”1 (d) where in proceedings for the recovery of prize salvage the parties
claiming salvage discontinue their proceedings,
ex-i ( e ) where in proceedings for the recovery of prize salvage bail or
A, other satisfactory security has been given for the amount of
the salvage claimed and costs.
aon 5. No release shall affect the right (if any) of the owners of the property
be captured to costs and damages against the captor or the proper officer of
the Crown unless so ordered by the Judge.
om 6. Where property has been arrested for prize salvage the release shall
not be issued under the foregoing Rules, except on discontinuance of the
and proceedings or dismissal of the claim, until the value of the property
hat arrested has been agreed upon between the parties or ascertained as by
eed these Rules provided, unless the Judge shall otherwise order.
7. The release shall be lodged with the marshal by the party upon
:ty, whose application it has been made and thereupon, upon the marshal
(i). keing satisfied that the conditions (if any) imposed by the release have
hi s been fulfilled and upon payment to him of all fees due to and charges
the incurred by him or on his behalf in respect of the property, unless the
md release shall otherwise direct, the property shall be at once released.
8. Upon the property being released the marshal shall file a certificate
led (Appendix A, Form No. 33) recording such release and the date upon
to which it was effected indicating therein whether the release was absolute
the or onl y on bail and on bail the amount of such bail,
sed 9 - This Order shall not apply to releases on requisition.
me ORDER XIV.
ery
la y Caveats.
1. Any person having any interest in or claim against any property in
ted th * custody of the Court, and desiring to prevent its release, shall file a
;t s , notlce in the Registry, and thereupon the Registrar shall enter a caveat
ose m tile caveat release book. Forms of notice and of caveat release will be
tiiei found in Appendix A, Nos. 34 and 35.
red 2. Any person having any interest in or claim against any money in
Court, and desiring to prevent its payment out of Court shall file a notice
in the Registry, and thereupon the Registrar shall enter a caveat in the
caveat payment book. Forms of notice and of caveat payment will be
found in Appendix A, Nos. 36 and 37.
3. If the person entering a caveat is not a party to the cause, the notice
shall state his name and address, and an address within three miles of the
egistry at which it shall be sufficient to leave all documents required to
er- be served upon him, and such person shall within seven days of the entry
am of the caveat enter an appearance in the cause, otherwise the caveat will
cease to be effective.
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’ [69r] (137/292), British Library: India Office Records and Private Papers, IOR/R/15/2/675, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100025289612.0x00008a> [accessed 6 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