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‘File 28/2 War. Prize jurisdiction in the Persian Gulf states’ [76r] (151/292)
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.
filed, the petition shall be heard in Court, on an early day to be appointed
by the Registrar, upon the application of either party, upon such evidence
as the Judge shall think fit.
4. If in a cause instituted against a ship or aircraft for condemnation
as prize, or in a cause for prize salvage, a cause of joint capture is
instituted before condemnation or adjudication, the Judge may, at the
hearing of the principal cause, upon condemnation of the ship or aircraft
as lawful prize to the Crown, determine the title of the petitioner to share
as aforesaid.
Forms of decree in joint capture will be found in Appendix A,
No. 53 (xviii) to (xxi).
5. The costs of and occasioned by the petition shall, as the Judge shall
direct, be borne by the petitioner or respondent or be paid out of the
proceeds of the ship or aircraft if condemned.
6. Except by special leave of the Judge no party shall be admitted to
claim to share as a joint captor in a prize, or in prize salvage, unless he
shall institute his cause and file his petition within six months from the
date on which the Judge shall have pronounced any other party entitled to
such prize, or prize salvage.
7. A claim by a flag officer to share in prize, or prize salvage, by virtue
of his flag shall not be made until after condemnation, and shall then be
made in the same form and manner, and the same proceedings shall be had
thereon, as in cases of asserted joint capture:
Provided, that such flag officer shall not be required to pay costs or
give security for costs.
8. Where in any proceedings instituted for condemnation, or for prize
salvage, the title or interest of the party instituting such proceedings is
denied by any other party who asserts that he has as captor the sole title
or interest in the prize, or prize salvage, proceedings may be taken for the
purpose of determining such title or interest in the form and manner herein
provided for determining the title and interest in a claim of joint capture.
Provided, that the petitioner shall not be required to give any security or
pay any costs before so proceeding unless so ordered by the Judge, and
that the form of proceedings shall assert such sole title and interest instead
of a joint title and interest, and that the petition shall be filed within
ten days after the cause is instituted by the petitioner instead of after
security given.
9. All other applications to share in prize proceeds, or prize salvage,
shall, unless the Judge shall otherwise direct, be made by motion.
ORDER XXXIII.
Prize Bounty.
In claims for prize bounty the procedure shall be as follows: —
(1) where the ship is brought in for adjudication the application for
a decree under the Naval Prize Act, 1864, section 43, shall be
made in Court at the hearing of the principal cause, or as soon
thereafter as possible.
(2) where the ship has been destroyed, or, having been taken, has
not been brought in for adjudication, the application for a
decree as aforesaid shall be made by motion in Court.
(3) not less than four clear days before such application, notice thereof
shall be served upon the proper oificer of the Crown.
(4) the witnesses in support of the application shall be examined
before the Judge in Court, or their evidence may be given by
affidavit.
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’ [76r] (151/292), British Library: India Office Records and Private Papers, IOR/R/15/2/675, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100025289612.0x000098> [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