‘File 28/2 War. Prize jurisdiction in the Persian Gulf states’ [79r] (157/292)
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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3- An appeal shall only be admitted, or leave to appeal granted bv the
Court— J
(а) upon the appellant, within a period to be fixed by the Court,
entering into sufficient security to the satisfaction of the Court!
if so required, for the due prosecution of the appeal and the
payment of all such costs as may become payable to the
respondent in the event of the appeal being dismissed for non
prosecution or. of His Majesty in Council ordering the appellant
to pay the respondent’s costs of the appeal; and
(б) upon such conditions, if any, as to the time or times within which
the appellant shall take the necessary steps for the purpose of
procuring the preparation of the record and the despatch thereof
to the Privy Council as the Court, having regard to all the
circumstances of the case, may think it reasonable to impose.
4. The Court shall have power, when admitting the appeal or granting
leave to appeal, either to direct that the said judgment shall be carried into
execution or that the execution thereof shall be suspended pending the
appeal, and, in case the Court shall direct the said judgment to be carried
into execution, the person in whose favour it was given shall, before the
execution thereof, enter into sufficient security, to the satisfaction of the
Court, for the due performance of such order as His Majesty in Council
shall think fit to make thereon.
5- As soon as an appeal has been admitted, whether by an order of
the Court or by an order of His Majesty in Council granting special leave
to appeal, the appellant shall without delay take all necessary steps to
have the record prepared forthwith.
6. The preparation of the record shall be subject to the supervision
of the Court, and the parties may submit any disputed question arising
in connection therewith to the Court.
7 - The Registrar as well as the parties shall endeavour to exclude from
the record all documents (more particularly such as are merely formal)
that are not relevant to the subject matter of the appeal, and' generally
to reduce the bulk of the record as far as practicable.
8. Records in appeals to His Majesty in Council shall be printed in the
form known as demy quarto and may be printed either in or out of
Rngland. The number of lines in each page shall be forty-seven or
an< 3 every tenth line shall be numbered in the margin
Where the record is printed out of England, the Registrar shall, at the
expense of the appellant, transmit to the Registrar of the Privy Council
orty printed copies of such record, one of which copies he shall certify
t0 b® correct by affixing thereto the seal of the Court.
- * Vhere the record relates to an appeal from a Court out of England and
E ^ la 1 nd ’ or vvh ere the record relates to an appeal from
r? 18 ! 1 ( I 0urt ia England, the Registrar shall, at the expense of the
appellant, transmit to the Registrar of the Privy Council one certified
copy of such record, together with an index of all the papers and exhibits
iri enc case.
theC^rrm^? 1^° ° T ^ aP t PealS arising ° Ut ° f the same matter
the Court may direct the appeals to be consolidated.
th^Privv^?"^ ma .C at an J time before the record transmitted to
the Pnv> Council, withdraw his appeal on such terms as to costs and
otherwise as the Court may direct.
V- W h ere an appellant fails to show due diligence in the prosecution
of his appeal before the transmission of the record to the Pri^ Coundl
apDealTr 2’ ° n h" a P plication made b y the respondent, dismiss the
think fit k SUCh ° rder aS t0 C ° StS ° r otherwise as the Court shall
3673
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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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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
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