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‘File 28/2 War. Prize jurisdiction in the Persian Gulf states’ [86r] (171/292)
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.
5i
The said J.K. prays the Judge to pronounce that the recaptors are
, and entitled to one-eighth of the value of the said ship and her
l hei cargo, and no more, and to condemn the recaptors in the costs of and
about occasioned by their claim for a larger sum.
o thf
(Signed) Y.Z.,
iav ^ n l Counsel (or Party).
n tht Delivered this day of
e twc
(iii) Pleadings in Joint Capture or Recapture.
; clos!
^erou
:ks ii
aptor^
emeu*
ludin;
Writ issued
Petition.
{Heading and Title as in No. i.)
19
Petition.
J.K., solicitor for the plaintiffs {or as the case may be), says as follows: —
save' I - ^ h e plaintiffs {or as the case may be) are the commander, officers,
5 pecia an d crew of His Majesty's ship
2. On the day of , His Majesty’s said ship sailed in
rth c company with and under the order of His Majesty’s ship
as t an< ^ under such order and in such company was cruising off the coast
of {or describe position at the time).
3. About {state hour) on the said day, a steamship was sighted bearing
about , and signals were made by His Majesty’s ship
rty). to chase, and His Majesty’s said ships both steamed after the said
steamship.
{Set out in separate paragraphs the circumstances founding a right of
joint capture or joint recapture, commencing by adapting the above
paragraphs, to the facts of the case, and conclude:)
And the said /.AT, prays that the Judge will pronounce that His
Majesty’s said ship is a joint captor (or recaptor) of the
said ship (and her cargo), and as such entitled to share therein.
o. VII.
O. XXXII. r.
Naval Prize
Act, 1864 ,
sect. 36 .
p, ar. Delivered this
be), :
ip an
t der
speci
: vaii
day of
(Signed) W.X.,
Counsel {or Party).
Answer.
{Heading and Title as in No. 1.)
, r. Answer.
at It
ngag: G.H., solicitor for the defendants {or as the case may be), in answer to
ijestythe petition of the plaintiff {or as the case may be), says as follows: —
ing t I - The defendants {or as the case may be) are the commander, officers,
saptifpd crew of His Majesty’s {or the) ship
> se " 2. About 7 a.m. {set out in short paragraphs the facts upon which the
ou 'defendants (or as the case may be) rely to show that they were the sole
captors).
lid r 3 - The defendants {or as the case may be) deny that the plaintiffs {or
ut tc os the case ma y be ) w 01-6 in sight at the time of the said capture {or
Tictic r f Ctl P lUre ^ assisted in making the said capture \or recapture], or as
the case may be).
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’ [86r] (171/292), British Library: India Office Records and Private Papers, IOR/R/15/2/675, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100025289612.0x0000ac> [accessed 6 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