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‘File 28/2 War. Prize jurisdiction in the Persian Gulf states’ [84v] (168/292)
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.
48
8. There were at the time of such capture no contraband goods on board
the said ship, and no subject of (insert the name of Government at war with
Great Britain) or enemy of Great Britain had at the time of such capture,
or at any other time material to the matters in this cause, any share, right,
title, or interest in the said ship or cargo, or any part thereof.
9. There was no just ground for the capture and bringing in of the said
ship.
The said J.K. prays that the Judge will decree restitution of the said
ship to the said C.D. and E.F., with damages and costs.
[Or, if bail has been given, that the Judge will pronounce that the bail
given on behalf of the said claimants to answer the value of the said ship
(and goods) may be released and discharged, and that the said (insert names
of captors) may be condemned in the damages and costs sustained by and
occasioned to the said claimants by reason of such capture, and bringing
in.]
(Signed) W.X.,
Counsel (or Party).
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prone
Delivered this day of
Answer.
(Heading and Title as in No. 1.)
Answer.
G.H., solicitor for the commander, officers, and crew of His Majesty’s
ship , the captors of the said ship , in answer to the
petition of the claimants, says as follows: —
1. The said ship and her cargo were taken as prize
and brought in for adjudication by the captors under the circumstances
herein-after described.
2. On the day of , His Majesty’s ship
was cruising off , when the said ship came into
sight and was signalled and duly boarded by a boat from the , and
the ship papers and documents and the cargo of the were duly
inspected and examined.
Wr
G.l
Majes
plainl
1.
ship
be) a;
told,
3. Upon one of the bulkheads, and on one of the boats of the said ship
■ , was found a name (the ), which was not the
present name of the ship, and the name of the port of , which
is in enemy territory, and upon inquiry of the master of the said ship, it
appeared that the said ship immediately prior to the purchase by her
present owners and to the existing war, had been owned by
a firm carrying on business at the said port of , in enemy terri
tory, and that the said master had been in command of the said ship whilst
she belonged to the said firm.
2. 1
said s
in pu
and t
time
the w
3- 1
a ste;
Signa'
althoi
in to\
of
4. On receiving such information, the captors brought in the said ship
for adjudication upon the suspicion that the sale and transfer of the said
ship to the present alleged owners was not bond fide, and that she still
belonged to her former enemy owners.
5. The transfer and assignment of the said shares in the said ship by
C.D. to the claimant E.F. in the petition alleged took place as therein
alleged, but at the time of such transfer the said C.D. was a member of the
said firm of , carrying on business as aforesaid, and the transfer
and assignment of the said shares was made and executed by the said C.D.
as agent of the said firm, and was a mere colourable and fraudulent transfer
to cover the enemy character of the said ship, and the said ship at the time
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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’ [84v] (168/292), British Library: India Office Records and Private Papers, IOR/R/15/2/675, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100025289612.0x0000a9> [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