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‘File 28/2 War. Prize jurisdiction in the Persian Gulf states’ [66v] (132/292)
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.
Where no ship papers or aircraft papers are delivered up or found on
board the ship, the affidavit shall be in the form marked No. n (iii ) in
Appendix A.
Provided that no affidavit shall be invalidated by reason only of a defect
in form.
ORDER V.
Proceedings in case of failure to proceed by Captors.
x. Where a ship or aircraft has been and still remains detained, whether
captured as prize or not, and no cause is instituted against it within one
month from the time it is so taken or seized, a claimant may, after issuing
a writ as provided by Order II., apply for an order for the release of the
ship or aircraft and its restoration to him, and the Judge upon such appli
cation may make such order as to the restoration of the ship or aircraft
and as to damages or costs or as to proceeding to judgment as he may
think fit.
2. Where a ship or aircraft has been captured as prize, but has been sub
sequently released by the captors, or has, by loss, destruction, or otherwise,
ceased to be detained by them without proceedings for condemnation having
been taken, any person interested in the ship or aircraft wishing to make
a claim for costs and damages in respect thereof, shall issue a writ as pro
vided by Order II.
3. Where, after a cause has been instituted, the captors fail to take any
of the steps within the respective times provided by these Rules, or, in
the opinion of the Judge, fail to prosecute with effect the proceedings for
adjudication, the Judge may, upon the application of a claimant who has
entered an appearance as provided by Order III., order the ship or aircraft
to be released and to be restored to the claimant, and may make such order
as to damages or costs as he may think fit.
4. Any person interested in a ship or aircraft may, without issuing a
writ, under the circumstances stated in Rule 1, provided he does not intend
to make a claim for restitution or damages, apply by summons for an
order that the captors proceed to adjudication, and the Judge may, on the
hearing of such summons, order the captors to proceed to adjudication or
make such other order as he may think fit.
ORDER VI.
Discon tinuance.
Proceedings may be discontinued by leave of the Judge, and not other
wise; such discontinuance may be in respect of all or any part of the
subject matter of the cause. No order for discontinuance shall be made or
taken to prejudice the right (if any) of a claimant to costs and damages.
Notice of discontinuance (Appendix A, Form No. 12) shall be served on the
other parties.
ORDER VII.
Pleadings.
1. In any cause, the Judge may, on the application of any party by
summons, order such pleadings to be delivered as he may think fit.
2. A pleading shall be divided into short paragraphs numbered con
secutively which shall state concisely the facts, and the effect of the docu
ments, if any, on which the party relies, and shall be signed by the party
or his solicitor or counsel.
3. A pleading may at any time be amended by consent of the parties,
or by order of the Judge. If a party unreasonably refuses to give his
consent he shall be liable to be condemned in the costs occasioned by such
refusal.
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’ [66v] (132/292), British Library: India Office Records and Private Papers, IOR/R/15/2/675, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100025289612.0x000085> [accessed 11 July 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