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‘File 28/2 War. Prize jurisdiction in the Persian Gulf states’ [115r] (229/292)
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.
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.
,
S
P.Y. 2355/39.
Sir*
WHITEHALL,
LONDON, S.W.l.
25th Octoher 1939.
I am di
the correspo
telegram No.
jurisdiction
consultation
Government,
any steps* a
High Courts
prize in res
rected by the Secretary of State to refer to
ndence resting mith the Governor-General's
1353 P. of 7th September regarding prize
in Indian States and to say that, after
with other Departments of His Majesty’s
the Secretary of State, has decided not to take
t any rate for the present, to confer upon ^
in British India jurisdiction in matters of
pect of the Indian States.
2. The Secretary of State would therefore be glad if,
in the case of any prize captured in an Indian State or
brought into a port in an Indian State, the 1 o 11 o., r ing
procedure could be adopted. (it will oe noted thau uims
that suggested in
Sir
procedure is substantially the same
paragraph 6 of Mr. Patrick's demi—olficia.1 lecier to
C. Latimer, No.P.Y. 1785/39 of 11th July, v/itn such
modifications as are now permissible under the amendment
of the Prize Rules, the coniemplation of which was
mentioned in that letter).
3 . Ns soon as a capture of a prize is made, the captor
will report by telegram direct'to the Admiralty Marshal
(telegraphic address - Admarsh London) the fact that the
price has been captured, particulars thereof, and that the
prize is being held subject to his instructions. *^t one
same time a telegram should be sent direct to the
Procurator-General (telegraph address - Proctorex London),
stating that the prize has been captured, giving
particulars thereof, and requesting that proceedings oe
immediately begun in London and remitted to the
Court in British India (stating the Court). Thereupon
the Procurator-General will apply for the necessary order
and notify the captor by telegram when this has oeen
obtained.
The affidavit as,to ship papers should be
Prize
sworn as provided in Order IV, Rule 1, of the new
Court Rules, but the filing of the affidavit should be
delayed until notification has been received from the
Procurator-General that the proceedings have been remhoted.
When making application>for the order for remission, the
Procurator-General will apply for an extension of time,
for ten days from the date of the order, for the filing^
of the affidavit as to ship papers, and will staiie in his
telegram whether, and for how long* the time has oeen^
extended. Upon the receipt of the Procurator-General s^
notification, the affidavit will be filed in the Registry
of the Court to which the proceedings have been remitted.
Thereafter the prize will be held to the order oi tne
Marshal of the Court to v/hich the proceedings have been
remitted, and the cax^tor will proceed in all respects
the proceedings had been commenced in that Court.
a
ix
4. As regards the appointment of Detaining Officers,
there is no objection to these being State officers
appointed by the States themselves, provided that the
officers thus appointed understand their duties ana are
prepared and are in a position to act on the instructiono
laid/
The ‘Secretary to His Excellency
the- Crown Representative, *
Poll tl cal Department.
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’ [115r] (229/292), British Library: India Office Records and Private Papers, IOR/R/15/2/675, in Qatar Digital Library <https://www.qdl.qa/mirador/81055/vdc_100025289613.0x00001e> [accessed 19 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