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‘File 28/2 War. Prize jurisdiction in the Persian Gulf states’ [74v] (148/292)
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.
28
Service of this notice shall not be required before filing, but copies thereof 2
shall be served upon the parties by the proper officer of the Crown as soon Hig
thereafter as possible. own
3. Where in any case of requisition under this Order it is made to ^ ^
appear to the Judge on behalf of the Crown that the ship or aircraft is „ ani
required for the service of His Majesty forthwith, the Judge may order the
same to be forthwith released, and delivered to the Crown, without
appraisement. crew
4. In any case where a ship or aircraft has been requisitioned under the
provisions of this Order, and whether or not an appraisement has been
made, the Court may, on the application of any party, fix the amount to ^
be paid by the Crown in respect of the value of the ship or aircraft. an a
5. In every case of requisition under this Order an undertaking in writing
shall be filed by the proper officer of the Crown for payment into Courtj^ c
on behalf of the Crown of the appraised value of the ship or aircraft, or of. ^ os.
the amount fixed under Rule 4 of this Order, as the case may be, at such
time or times as the Court shall declare by order that the same or any part ( j e £ ai
thereof is required for the purpose of payment out of Court. reca]
6 . Where in any case of requisition under this Order it is made to appear a ppl
to the Judge on behalf of the Crown that the Crown desires to requisition mar£
the ship or aircraft temporarily, the Court may, in lieu of an order of ^
release, make an order for the temporary delivery of the ship or aircraft 0 f a]
to the Crown, and subject as aforesaid the provisions of this Order shall j iear j
apply to such a requisition; provided that, in the event of the return of a pp e
the ship or aircraft to the custody of the Court, the Court may make such
order as it thinks fit for the release of the undertaking given on behalf of •
the Crown or the reduction of the amount undertaken to be paid thereby, sal P
as the case may be; and provided also that, where the ship or aircraft so tn
requisitioned is subject to the provisions of Order XXVIII, Rule 1, re- t - ec £
lating to detention, the amount for which the Crown shall be considered ^
liable in respect of such requisition shall be the amount of the damage, it bemj;
any, which the ship or aircraft has suffered by reason of such temporary
delivery as aforesaid.
7. The proceedings in respect of a ship or aircraft requisitioned under this
Order shall continue notwithstanding the requisition.
8 . In any case of requisition of a ship or aircraft in respect of which the <
no cause has been instituted, any person interested in such ship or aircraft issue<
may, without issuing a writ, provided he does not intend to make a claim may
for restitution or damages, apply by summons for an order that the amount comii
to be paid in respect of such ship or aircraft be fixed by the Court, and the an< 3 f
Judge may, on the hearing of such summons, order the ship or aircraft g
to be appraised or to be valued or give such other directions for fixing the crews
amount as he may think fit. I :onjo
ORDER XXX.
appoi
and :
Prize Salvage. ; , ^ rc
1. A ship or aircraft brought within the jurisdiction for adjudication^
after recapture from the enemy, but liable to restoration on payment of p
salvage, shall (except as hereinafter provided) be proceeded against b*^
writ, and, if so ordered by the Judge, on pleadings, in the same form amT a
manner as all other ships or aircraft captured as prize. 10.
Forms of writ and of pleadings in prize salvage will be found in
Appendix A, Nos. 5 and 13 (ii). ie Sc
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’ [74v] (148/292), British Library: India Office Records and Private Papers, IOR/R/15/2/675, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100025289612.0x000095> [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