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‘File 28/2 War. Prize jurisdiction in the Persian Gulf states’ [10v] (20/292)
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.
10
writ * n K a cau se instituted as in Rule 6 mentioned, shall
y Ut f be i ng filed in the Re ^Y b y the captor, and
Judge may h direS n ° f ^ CaUSe ^ be giVen in such manner as the
shalthi 1 "^ i "f tituted as in Rul e 7 and Rule 8 mentioned, the writ
snail be served on the captors.
prescribed* hv a , p P e: ? r ‘° the J ud 8 e tha t service in the manner
,, d , b y these Rules is impracticable or cannot for any reason
nr ^h tlV be . effected, the Judge may make such order for substituted
mentor oth^ ° r f ° r thC subs ti.tution for service of notice by advertise-
servL or for th^nh^? JUSt - , Every a PP li eation for substituted
tbe substitution of notice for service shall be supported bv an
affidavit setting forth the grounds upon which the application is made 7
(d) Service out of the Jurisdiction.
jurisdicdon CC ° f a ^ by leaVe ° f the Judge ’ be allowed out of the
I7 ‘ A PP llc ation for leave to serve a writ out of the jurisdiction shall be
upon affidavit, stating that in the belief of the deponent the applicant
has good cause for proceeding, and showing in what place or couiftry the
person ship or aircraft to be served is or probably may be found and the ^
grounds upon which the application is made. 7 '
18. An order giving leave to effect service out of the jurisdiction shall
t a time after each service within which an appearance shall be entered.
19. Wh ere the person to be served out of the jurisdiction is not a
British subject, or the ship or aircraft is not the property of a British
subject, notice of the writ and not the writ itself shall be served. Notice
111 lieu of service shall be served in the manner in which a notice of a
fOTcetnX'H’k.h r Ser r d ac f rdin 8 t0 the procedure for the time being in
in Ap^nto A, g No. “ n ° tiCe lieU ° f WU1 be f ° Und
2°. Where under the practice of the High Court notice of a writ is
^brough the diplomatic channel, the notice shall, if the writ is
issued by the High Court, be transmitted to the Secretary of sJte for
oreign Affairs m accordance with such practice, and, if the 7 writ is issued
C ° Urt 1-S the / than u the Hlgh Court > be transmitted to the chief
s^me throu^h ^h 7 ■% r T eSt f ° r the further tra nsmission of tlJ
gh - th a PP ro P nate channel to the Government of the countrv
in which service is to be effected. country
(e) General.
7? f 7 r < ^ ndemna tion and the fact of service thereof shall be
advertised by the Registrar forthwith in one or more of sucT newspapers
and on one or more occasions as he shall think proper. newspapers
*7 5 Writ is issUed 011 the application of an alien enemv an
Registry befo^the wrft ° f th<! C ‘ aim m “ St ^ fikd “
be^neuTr^not^of
p^/^belour 8 " ° f * he S ‘ ate *“ Whkh the Ship ^
ORDER III.
Appearance and Claim.
1. Subject to the provisions of Rule 18 of Order II any person desiring
t For e m t Nr an «f f)Pe ?i ran ^ e ^ * CaUSC Sha11 enter an a Ppearance P (Appendix A 8
Form No. 8) in the Registry within thirty days after service ofthe writ,’
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’ [10v] (20/292), British Library: India Office Records and Private Papers, IOR/R/15/2/675, in Qatar Digital Library <https://www.qdl.qa/mirador/81055/vdc_100025289612.0x000015> [accessed 12 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