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‘File 28/2 War. Prize jurisdiction in the Persian Gulf states’ [72v] (144/292)
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.
24
3. When an affidavit is made by any person who is blind, or who, from
his signature or otherwise, appears to be illiterate, the person before whom
the affidavit is sworn shall certify that the affidavit was read over to the
deponent, and that the deponent appeared to understand the same, and
made his mark or wrote his signature thereto in the presence of the person
before whom the affidavit was sworn. then
4. When an affidavit is made by a person who does not speak the English such
language, the affidavit shall be taken down and read over to the deponent
by interpretation of a person previously sworn faithfully to interpret the
affidavit.
5. Affidavits sworn within the jurisdiction shall be sworn before the
Judge, Registrar, commissioner, or officer empowered under these Rules
to administer oaths.
purr
6. Affidavits sworn out of the jurisdiction may be sworn before the follow serV(
ing persons : — «;sue
(1) If sworn in any place being a part of His Majesty’s dominion; j (f
before any person authorised to administer oaths in such place •
(2) If sworn in any place not being a part of His Majesty’s dominions, such
before any person authorised to administer oaths under the Com its o
missioners for Oaths Act, 1889, sections 4 and 6, or under the
Commissioners for Oaths Act, 1891, section 2, or under the
Commissioners for Oaths (Prize Proceedings) Act, 1907, or before ma '
a notary public, or before a Judge or magistrate, the signature 3 -
of such notary public. Judge, or magistrate being authenticated P art ;
by the official seal of the Court to which he is attached, or b) 4.
the official seal of the Supreme Court of the country where the evide
affidavit is sworn, or by the certificate of a consular officer. Cour
7. The reception of any affidavit as evidence may be objected to, if the
affidavit has been sworn before the solicitor for the party on whose behal:
it is offered, or before a partner or clerk of such solicitor.
8. Every affidavit shall, before being used as evidence, be filed in the
Registry together with all exhibits thereto, and a copy of such affidavit shal
be served on the other parties to the cause. I -
there
venie
ORDER XXII. heari
_ , Any
Oaths. writ!
1. The Registrar, any commissioner for oaths, any officer of Customs andappli
Excise authorised by the Commissioners of Customs and Excise and any
other person directed or empowered to administer oaths in prize pro b e j~ n£
ceedings may administer oaths therein. I
2. The Judge may appoint any person to administer oaths in causes Cour
either generally or in any particular proceeding. such
3. Any person to whom an oath is administered shall swear in th* 3.
manner provided by the Oaths Act, 1909, or in such manner as is provided payn
by the law regulating the manner of taking oaths in the Court. there
4. If any person tendered for the purpose of giving evidence, whether
orally or by affidavit, objects to take an oath or is not a Christian, or is
objected to as incompetent to take an oath, or is by reason of any defect
of religious knowledge or belief incapable of comprehending the nature of
an oath, the Judge or person authorised to administer the oath shall, if ,
satisfied that the taking of an oath would have no binding effect on his paid
conscience, permit him. in lieu of an oath, to make a declaration. cause
5. Forms of oaths and declarations in lieu of oaths will be found inpaid
Appendix A, Nos. 50 and 51. the c
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’ [72v] (144/292), British Library: India Office Records and Private Papers, IOR/R/15/2/675, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100025289612.0x000091> [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