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‘File 28/2 War. Prize jurisdiction in the Persian Gulf states’ [70v] (140/292)
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.
20
12. I he evidence of every witness taken before the hearing shall be
1aken down in writing by the Judge, Registrar, or examiner, before
whom such witness is examined, or by a shorthand
writer
The lowest of the four classes into which East India Company civil servants were divided. A Writer’s duties originally consisted mostly of copying documents and book-keeping.
, appointed by
the Judge, Registrar, or examiner, or agreed upon by the parties, and On
such written evidence, or a transcript of the shorthand writer’s notes, shallot ir
be certified as correct by the Judge, Registrar, examiner, or shorthandin tr
writer
The lowest of the four classes into which East India Company civil servants were divided. A Writer’s duties originally consisted mostly of copying documents and book-keeping.
. 111 r
profe
13. The certified evidence taken before the hearing shall be lodged lnd S e
in the Registry by the party on whose behalf the witness has been Trini
examined, or, if taken out of the jurisdiction of the Court, shah forthwith Th
be transmitted by the examiner to the Registry, together with hisfirst
commission.
14. As soon as the evidence taken before the hearing has been filed
or received in the Registry, it may be used as evidence in the cause,
saving all just exceptions. |
1.
15. When evidence is given at the hearing by the oral examination of acc01
witnesses such evidence may be taken by a shorthand
writer
The lowest of the four classes into which East India Company civil servants were divided. A Writer’s duties originally consisted mostly of copying documents and book-keeping.
appointed
by the Judge and a transcript of the shorthand writer’s notes, certified 2.
by him to be correct, shall be admitted to prove the oral evidence of a is m'
witness. , . ‘
clam
16. Any examination of a witness may be adjourned, if necessary, from parti
time to time, and from place to place, as the Judge, Registrar, or examiner 3 -
before whom such examination is taken shall direct. a da
I 7 - Th e Judge may order any person within the jurisdiction of the pray
muit who has made an affidavit in a cause to attend for cross-examination stam
thereon before the Judge.
^ 18. Where witnesses are examined orally, w r hether before the Judge, the i
the Registrar, or an examiner, the parties, their counsel, solicitors, or refer
agents may attend the examination, and the witnesses shall be examined, <5
cross-examined, and re-examined in such order as the Judge, Registrar’ and
or examiner may direct; and questions may be put to any witness by the expe
Judge, Registrar, or examiner as the case may be. i s rn
19. The Judge may disallow any questions put in cross-examination of and
any party or witness which may appear to him to be vexatious or not
relevant to any matter proper to be inquired into in the cause. an 0
20. Any person wilfully disobeying any order or subpoena requiring his
attendance for the purpose of being examined, or cross-examined, or pro- 1.
ducing any document, or, on attending, refusing to answer any proper
question, shall be deemed guilty of contempt of Court and may be dealt
with accordingly. ann
21. Where any ship papers, aircraft papers or other documents have triform
be translated for use in a cause, such translation shall be made by ar*'
interpreter, appointed by the party who desires to use such translation, rennr
or, if necessary, by a person appointed for the purpose by the Judge. SU rh
i he parties to any proceeding may agree, or, if there is no party other nnon
than the Crown or the captor, the proper officer of the Crown may No
direct, which and what parts, if any, of the ship papers or aircraft
papers and documents shall be translated. 8 -
22. Notwithstanding anything contained in these Rules the proper Officer confi
of the Crown may apply to the Judge for leave to administer interro
gatories for the examination of any person whether a party to the cause f 9 \
or not. J rourt
(App
there
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’ [70v] (140/292), British Library: India Office Records and Private Papers, IOR/R/15/2/675, in Qatar Digital Library <https://www.qdl.qa/universal-viewer/81055/vdc_100025289612.0x00008d> [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