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‘File 28/2 War. Prize jurisdiction in the Persian Gulf states’ [67v] (134/292)
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.
7. Any party who has entered a claim, or, by leave of the Judge, any
other party may inspect in the Registry and take copies of the ship
papers or aircraft papers filed in the cause.
8. A party may, for the purposes of any hearing of a cause, serve a
notice (Appendix A, Form No. 19) on any other party to admit any
document or fact, saving all just exceptions, and a party not admitting
it after such notice shall be liable for the costs of proving the document
or fact; unless at the hearing the Judge shall certify that the refusal or
omission to admit was reasonable.
Form of admission of facts will be found in Appendix A, No. 20.
ORDER X.
Arrest of Prize.- — Warrant.
1. Where a ship or aircraft is taken as prize and brought within the
jurisdiction of the Court, or seized as prize within such jurisdiction, or
having been taken or seized as prize comes or is howsoever within the
jurisdiction of the Court, but is not delivered up to the marshal of the
Court, the Judge may, after claim made, and upon the application of the
claimant, order a warrant for the arrest of the ship or aircraft to be issued.
2. Where, in any proceeding, it shall be made to appear to the Judge
by the Crown or any party to a cause other than a claimant that property
taken or seized as prize is within the jurisdiction of the Court, and that it
is necessary or desirable that such property should be within the custody
of the Court, the Judge may, on the application of the Crown or such
party, order a warrant for the arrest of such property to be issued.
3. A warrant (Appendix A, Form No. 21) for the arrest of property
shall be issued only on the order of the Judge.
No warrants shall be issued for the arrest of property until an affidavit
has been filed by the party applying for the warrant as hereinafter
prescribed.
4. The affidavit shall state the grounds upon which the application is
made and that the aid of the Court is required. Form of affidavit to lead
warrant will be found in Appendix A, No. 22.
5. The warrant shall be issued out of the Registry, and lodged by the
party applying for the same with the marshal, and it shall be served by
the marshal in the like manner as writs are by Rule 11 of Order II directed
to be served and the provisions of Rule 15 of that Order shall apply to
warrants as they apply to writs.
A warrant served as provided in paragraph (3) of Rule 11 of Order II
shall be deemed to be an order for payment into Court forthwith of the
freight or proceeds in respect of which the warrant is issued: Provided
that, instead of such warrant, the Judge may, if he sees fit, order the
person holding or having received such freight or proceeds to pay the same
into Court.
6. In urgent cases, the marshal may, after a warrant is placed in his
hands for execution, authorise his substitute by telegram or telephone to
detain such property until the service of the warrant can be duly effected
as herein provided.
7. Warrants may be served on any day, including Sunday and any
public holiday.
8. Warrants shall be filed by the marshal within one week after service
thereof has been completed, with a certificate of service endorsed thereon.
9. This Order shall not apply to ships of war or military aircraft.
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’ [67v] (134/292), British Library: India Office Records and Private Papers, IOR/R/15/2/675, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100025289612.0x000087> [accessed 5 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