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‘File 28/2 War. Prize jurisdiction in the Persian Gulf states’ [72r] (143/292)
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.
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5. When the motion or summons comes on for hearing the Judge may,
after hearing the parties, or in the absence of any of them, on proof that
the notice of motion or summons has been duly served, make such order
as he shall deem right.
6. Save as hereinafter provided, no motion or summons shall be heard
without previous notice to or service on the parties affected thereby, but
the Judge, if satisfied that the delay caused by proceeding in the ordinary
way would, or might, entail irreparable or serious mischief, may make any
order ex parte upon such terms as to costs or otherwise, and subject to
such undertaking, if any, as the Judge may think just; and any party
affected by such order may move to set it aside.
7. Any application made in chambers ex parte shall, if the Judge think
fit so to require, be made by summons.
8. The Registrar may transact all such business and exercise all such
^huthority and jurisdiction in respect of the same as under these Rules
may be transacted or exercised by the Judge in chambers, except in respect
of the following proceedings and matters, that is to say—
(1) all matters relating to the liberty of the subject or attachments;
(2) awarding of costs other than the costs of or relating to any pro
ceeding before the Registrar and costs which, by these Rules
or by the order of the Judge, the Registrar is authorised to
award;
Provided that the Registrar shall only transact such business and
exercise such authority and jurisdiction where he has power to transact
the like business and exercise the like authority and jurisdiction in matters
arising out of the ordinary jurisdiction of the Court.
Provided, further, that any application in chambers may, if required
by any party thereto, be heard by the Judge.
9. Any party affected by any order or decision of the Registrar may
appeal to the Judge by summons, and such appeal shall be made within
three days after the order appealed from.
10. The Judge may on due cause shown vary or rescind any order or
decision previously made on motion or summons other than an order
made in Court on an appeal from chambers.
n. An appeal from the decision of the Registrar in chambers shall be no
stay of proceedings unless so ordered by the Judge or Registrar.
ORDER XXI.
Affidavits.
a 1. Every affidavit shall be intituled in the cause or matter in which it is
arin^.worn, or, if sworn before the commencement of a cause, it shall be headed
de in with the name of the captured ship or, in the case of an aircraft, with the
word “ Aircraft ” followed by the nationality and registration marks of the
captured aircraft, and shall be divided into short paragraphs numbered
consecutively, and shall be in the first person, and signed by the deponent.
2. The name, address, and description of every person making an affidavit
shall be inserted therein.
Where an affidavit is made by two or more persons, the names of all
such persons, and the dates when, and the places where, it is sworn, shall
be inserted in the jurat.
Form of heading and jurat to an affidavit will be found in Appendix A,
No. 49.
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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’ [72r] (143/292), British Library: India Office Records and Private Papers, IOR/R/15/2/675, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100025289612.0x000090> [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