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‘File 28/2 War. Prize jurisdiction in the Persian Gulf states’ [71v] (142/292)
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.
22
10. An objection to a report shall be brought before the Judge by
motion, or on pleadings consisting of a petition in objection to the report
and an answer thereto. A notice of motion in objection to a report shall
be filed within ten days from the filing of the notice of objection and a
copy shall be served on the adverse party, and a petition shall be filed
within the same period, and a copy served on the adverse party, and
the answer thereto shall be filed within ten days from the service of the
petition, and a copy served on the adverse party.
Forms of notice of motion and of pleadings respectively will be found
in Appendix A, Nos. 47 and 13 (iv).
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ORDER XVIII.
Costs and Security for Costs.
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1. The costs of and incident to all causes shall except when otherwise
provided by any agreement, or by statute, be in the discretion of the
Judge.
2. Any person instituting a cause, other than a cause for condemnation,
or making a claim, and being ordinarily resident out of the jurisdiction
of the Court, may be ordered to give security for costs, though he may
be temporarily resident within the jurisdiction of the Court, and the
proceedings may be stayed until such security is given
3. In any cause in which security for costs is required, the security
shall be of such amount, and be given at such times and in such manner
or form, as by bond, payment into Court or otherwise, as the Judge shall
direct.
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ORDER XIX.
Taxation of Costs.
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1. A party desiring to have a bill of costs taxed either between party
and party or between solicitor and client, shall file the bill in the Registry.
2. In all cases of taxation the Registrar shall be the taxing officer and the
taxation shall proceed, in the High Court in accordance with the law and
practice governing the taxation of costs in the High Court in the exercise
of its Admiralty jurisdiction, or, in a Court other than the High Court,
in accordance with the law and practice governing the taxation of Costs in
such Court in the exercise of its ordinary jurisdiction.
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ORDER XX.
Interlocutory Applications.
1. Any application to the Judge at any time other than at the hearing wor
of a cause shall, if made in Court, be made by motion, or, if made in with
chambers, by summons (Appendix A, Form No. 48).
2. Every application to the Judge other than applications which are by
these Rules directed to be made by motion, may be made in chambers by
summons, but a summons may be adjourned by the Judge into Court.
3. Every notice of motion (Appendix A, Form No. 47) or summons
shall be served upon the adverse party at least 24 hours before the date
of the return thereof, unless by consent of the adverse party, or by order
of the Judge, the time for such service is shortened.
4. Every notice of motion or summons shall state the nature of the
order desired, and the day on which the application is to be made.
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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’ [71v] (142/292), British Library: India Office Records and Private Papers, IOR/R/15/2/675, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100025289612.0x00008f> [accessed 11 July 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