‘File 28/2 War. Prize jurisdiction in the Persian Gulf states’ [71r] (141/292)
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.
21
a11 he ORDER XVI.
before
ed by Assessors.
, and One or more Trinity Masters or other assessors may, on the application
shall 0 f an y party, or without such application if the Judge sees fit, be called
thandjn to advise the Court upon any matters requiring nautical or other
professional knowledge. Such application shall be made by letter or notice
odged^S 00 * * n Re g istr y s ^ x days at least before the attendance of the
beerfTmuty Masters or other assessors is required,
hwith The fees of the Trinity Masters or other assessors shall be paid in the
ti hisfirst instance by the party on whose demand they are summoned.
filed
ORDER XVII.
:.ause,
References.
x. The Judge may refer the assessment of damages, the taking of any
on of accounts, or any other matter which he may think fit, to the Registrar
anted cither alone or assisted by one or more merchants or other assessors.
"tified 2. Within twenty-one days from the day when the order for the reference
of a is made, or an agreement for a reference is filed, the claimant shall file the
claim and vouchers and affidavits, if any, and serve copies on the opposite
fromP 3 ^'
ninei 3- The claimant shall, after the filing of the claim and vouchers, obtain
a day for the reference either by summons or by agreement, and when
such day has been obtained he shall lodge in the Registry a notice
E the praying to have the reference placed in the list for hearing with the
ation stamps for the reference affixed thereto.
4. At the time appointed for the reference, if any party be present,
id"e, the reference may be proceeded with, but the Registrar may adjourn the
Si or reference from time to time, as he may deem proper.
ined, 5. Evidence may be given viva voce or by affidavit or by documents,
;trar, and the evidence shall, on the application of either party, but at the
/ the expense in the first instance of the party on whose behalf the application
is made, be taken down by a shorthand
writer
The lowest of the four classes into which East India Company civil servants were divided. A Writer’s duties originally consisted mostly of copying documents and book-keeping.
appointed by the Court,
)n 0 j and a transcript of the shorthand writer’s notes, certified by him to be
. no ^ correct, shall be admitted to prove the oral evidence of the witnesses on
an objection to the Registrar’s report.
6. When a reference has been heard, the Registrar shall draw up a
? his report in writing of the result of the reference, showing any further par-
P r ^' ticulars and reasons that may be necessary. The Registrar shall report
oper vvhether any and what part of the costs of the reference should be allowed
dealt anc £ w hom.
The report shall be in the Form No. 44 of Appendix A, or in such other
r e to^form as the circumstances of the case may require.
/ air claimant who has received notice from the Registry that the.
tion, report is ready shall, within six days from the time when he has received
:cl g e - such notice, file the report and serve a notice of such filing on the
ither opposite party, and shall forthwith apply for an order (Appendix A, Form
ma y No. 45) confirming the report,
t
8. If the claimant shall not take the steps prescribed in the last preceding
Rule, the adverse party may take up and file the report, and apply for its
ficer confirmation, or may apply to the Judge to have the claim dismissed.
" rr0 ' 9. A party intending to object to the Registrar’s report shall, within
ausc f our teen days from the filing of the report, file in the Registry a notice
(Appendix A, Form No. 46) that he objects to the report, and a copy
thereof shall be served on the adverse party.
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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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
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