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‘File 28/2 War. Prize jurisdiction in the Persian Gulf states’ [75r] (149/292)
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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2. — (a) Where a ship or aircraft, on recapture from the enemy by any of
His Majesty’s ships or military aircraft, or by any persons other than its
own crew, which, if brought within the jurisdiction by the recaptors, would
have been liable to restoration on payment of salvage, is with the consent
of the recaptors allowed to prosecute its voyage, or otherwise parts com
pany with or ceases to be in the possession of the recaptors: or
(6) Where a ship or aircraft captured by the enemy is recaptured by the
crew of such ship or aircraft:
In either case the recaptors may take proceedings to recover the salvage
due in respect of recapture (if any), either in rcm or in personam.
3. Within twelve days after a writ has been served, the owner shall file
an affidavit setting out the value of the property claimed or alleged to have
iting ^ een sa l v ed, or an agreement with the recaptors as to such value.
ouri^ Forms of affidavit and of agreement of value will be found in Appendix A,
>r of™Nos. 56 and 57.
part 4 ' ^k ere no c lai ni is made by an owner, or no appearance is entered, or
default is made in filing an affidavit or agreement of value, or where the
recaptors are dissatisfied with the value deposed to, the Judge may, on the
pear application of the recaptors, direct the property to be appraised by the
ition marshal or otherwise valued.
f 5 - If no appearance is entered the recaptors may, subject to the filing
: i ra 1 , °f an affidavit of service (Appendix A, Form 10), set the case down for
5 ia hearing by default; in all other cases the recaptors may at any time after
such a PP earance entered, apply for a day for the hearing.
If of 6. Where at the time of a decree or order awarding prize salvage the
eby, ship or aircraft is under arrest, the decree or order of the Court may be
:t so enforced by sale thereof and payment of the amount due out of the pro-
re. ceeds of sale.
ered y Where a ship or aircraft under arrest has been released on security
e > 1 being given, the decree or order awarding prize salvage may be enforced:
(1) if money has been paid into court, by order for payment out;
(2) if bail has been given, by order for payment against the bail,
this and execution against the bail in default of payment.
8. Where the proceedings for prize salvage have been taken in personam.
hich Jhe decree or order may be enforced against the owner, and execution
:raft issued against him. If the owner makes default in payment, the Judge
laim may direct a warrant to issue for the arrest of the ship or aircraft on its
ount coining within the jurisdiction of the Court, and may order a sale thereof
l the an d payment of the award to be made out of the proceeds of such sale.
"the 9 ‘ Wh ere . an Y salvage is awarded to any persons other than officers and
’ crews of His Majesty’s ships of war or military aircraft, either alone or
| on jointly with such officers and crews, the Judge may make an order
apportioning such salvage between such persons or between such persons
and such officers and crews, in such proportions as to the Judge shall
seem fit.
| Provided, that nothing herein contained shall be taken to authorise the
ition ( lstr . lbutlo . n of salvage among such officers and crews or to affect any
it 0 f P roclamatlon of His Majesty as to the distribution of prize money,
t b\- Forms of decree in prize salvage will be found in Appendix A
and^°- 53 (xiii) to (xvii).
10. No decree or order for the payment of salvage to salvors shall be
j j D inade unless and until the Judge is satisfied that no persons other than
the said salvors are entitled to share in such salvage.
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’ [75r] (149/292), British Library: India Office Records and Private Papers, IOR/R/15/2/675, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100025289612.0x000096> [accessed 13 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