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‘File 28/2 War. Prize jurisdiction in the Persian Gulf states’ [69v] (138/292)
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.
i8
3
4. The party at whose instance a caveat release or caveat payment is
entered shall be condemned in all costs and damages occasioned there y,
unless he shall show to the satisfaction of the Judge good and sufficient
reason for such entry.
c. Where a ship or aircraft is subject to a claim for prize salvage but
is not under arrest, any person desiring to prevent the arrest of such ship
or aircraft may file a notice in the Registry undertaking to enter an
appearance in any cause for the recovery of prize salvage that may have
been or may be instituted against such ship or aircraft, and to give bai
in such cause in a sum not exceeding an amount to be stated in the notice,
or to pay such sum into the Registry; and a caveat against the issue of a ^
warrant for the arrest of the ship or aircraft shall thereupon be entered in Qf a
the caveat warrant book. to f.
Forms of notice and of caveat warrant will be found marked Nos. 38 j ud
and 39 respectively, in Appendix A. . 4,
6 . A party taking proceedings for prize salvage against a ship or aircraft, hea]
in respect of which a caveat has been entered in the caveat warrant book, inte
shall forthwith serve a copy of the writ instituting the proceedings upon mat
the party on whose behalf the caveat has been entered, and within three
days of the service of the copy of the writ the party on whose behalf the 5.
caveat has been entered shall, if the sum claimed does not exceed the hav
amount for which he has undertaken, give bail in such sum or pay the non
same into the Registry.
7 If the party on whose behalf the caveat has been entered shall not^ a >
within the three days prescribed by Rule 6 have given bail in such sum or^
paid the same into the Registry, the caveat may be over-ruled.
proc
claii
8 The entry of a caveat warrant shall not prevent the issue of a warran
for'the arrest of any property, but a party at whose instance a warrant 6.
shall be issued for the arrest of any property m respect of which there is are
a caveat warrant outstanding shall be condemned in all costs and damages sucl
occasioned thereby, unless he shall show to the satisfaction of the Judgeordc
good and sufficient reason for such issue. 7
9. A caveat shall not remain in force for more than six months from the s h a ]
date of entering the same. a PP'
10. A caveat may at any time be withdrawn by the person at whose g
instance it has been entered, on his filing a notice withdrawing it. A fonn shal
of notice of withdrawal will be found in Appendix A, No. 40. c i a ij
11 The Judge may over-rule any caveat. heai
j° capl
ORDER XV.
Evidence and Hearing.
9 -
of a
of t
Fori
on t
i A cause for the condemnation of a ship of war or a military aircraft, suffi
sh ail be heard upon the affidavit as to ship papers or aircraft papers, an otffi
the ship papers or aircraft papers, if any, exhibited thereto, either alon f ^
or upon such other evidence as the Judge may direct. i nvc
? A cause for the condemnation of a ship or aircraft other than a shil and
of war or a mStary aircraft shall be heard upon the followmg ev.dence ^
namely:— , ma\
la) the affidavit as to ship papers or aircraft papers, and the slni for
V papers or aircraft papers, if any, exhibited thereto, reqi
(6) the affidavits of the officers of the ship or aircraft concerned 11 F<
the capture; a 1
Ap F
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’ [69v] (138/292), British Library: India Office Records and Private Papers, IOR/R/15/2/675, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100025289612.0x00008b> [accessed 8 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