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‘File 28/2 War. Prize jurisdiction in the Persian Gulf states’ [75v] (150/292)
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.
30
ORDER XXXI.
Land Expeditions and Conjunct Capture with Ally.
A ship taken by land expedition within the meaning of the Naval Prize
Act, 1864, section 34, or by a conjunct capture with an ally within the
meaning of section 35 of the said Act, shall be proceeded against and
dealt with, as far as possible, in the same manner as hereinbefore provided
in the case of any other ship captured as prize.
ORDER XXXII.
Joint Capture, Flag Officers’ Claims, and other Conflicting Claims
between Captors.
1. Any person claiming to share as joint captor (hereinafter called the
petitioner ”) may, at any time after the institution of a cause relating to
a ship or aircraft in respect of which he claims a share, proceed as herein-"
after provided:
(1) A writ (Appendix A, Form No. 6) shall be issued by the petitioner
in the Registry, instituting a cause of joint capture.
(2) If the cause is instituted before condemnation of the ship or air
craft in respect of which the petitioner claims to share, or in
prize salvage before adjudication, the petitioner shall, except
in the case of a flag officer claiming to share by virtue of his
flag, within six days after issuing his writ give security to the
satisfaction of the Court to contribute to the actual captors
a just proportion of any costs, charges, expenses or damages
that may be incurred by or awarded against the actual captors
on account of the capture and detention of the prize. Within
ten days after such security is given the petitioner shall file in
the Registry a petition setting out the material facts on which
he relies to establish his claim to share as aforesaid.
(3) If the cause is instituted after condemnation of the ship or air
craft in respect of which the petitioner claims to share, or in
prize salvage after adjudication, the Judge shall, upon sufficient
cause being shown by affidavit why the application was not
presented before condemnation or adjudication, and upon pay
ment being made and security being given (as hereinbefore pro
vided), allow the writ to be served upon the party to whom the
ship or aircraft has been condemned (hereinafter called the
respondent ''), or in prize salvage on the captors, who shall
show cause why the petitioner should not be pronounced to be
a joint captor of the said ship or aircraft.
(4) Where the cause is instituted after condemnation, the petitioner
shall, within ten days after such payment has been made and
such security has been given, file a petition setting out all the
material facts on which he relies to establish his claim to shareJ
as aforesaid, and serve the same as hereinbefore provided.
(5) The respondent shall appear to the writ by entering an appearance
(Appendix A, Form No. 8) in the Registry within the time
named in the writ.
2. The respondent, if he desires to contest the right of the petitioner to
share, shall file an answer.
If the respondent admits the right of the petitioner to share, he shall
file an admission in the Registry.
A copy of every pleading shall be served on the opposite party.
Forms of the above pleadings will be found in Appendix A, No. 13 (hi)
3. Upon the answer, and the reply thereto (if any), or admission being
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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’ [75v] (150/292), British Library: India Office Records and Private Papers, IOR/R/15/2/675, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100025289612.0x000097> [accessed 11 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