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‘File 28/2 War. Prize jurisdiction in the Persian Gulf states’ [79v] (158/292)
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.
O. XLIII.
0. II. r. 2 .
38
12. Where at any time before the hearing of the appeal the record
becomes defective by reason of the death or change of status of a party
to the appeal, the Court shall, on an application made by any person
interested, grant a certificate showing who, in the opinion of the Court,
is the proper person to be substituted on the record in place of, or in
addition to, the party who has died or undergone a change of status. ^
13. Where His Majesty in Council directs a party to bear the costs of
an appeal incurred in the Court below, such costs shall be taxed by the
proper officer of the Court in accordance with Order XIX, Kule 2.
14. The Court shall enforce any order or judgment of His Majesty in j
Council in like manner as any judgment or order of the Court.
15. An appellant whose appeal has been admitted shall prosecute his
appeal in accordance with the rules for the time being regulating the general
practice and procedure in appeals to His Majesty in Council, so far as ^
such rules mav be applicable.
ORDER XLV.
Cases not provided for.
In all cases not provided for by these Rules, the practice of the late
High Court of Admiralty of England in prize proceedings shall be followed,
or such other practice as the President may direct.
ORDER XLVL
Short Title.
These Rules may be cited as " The Prize Court Rules
APPENDIX A.
FORMS.
[Note—Every document issued from the Court or Registry must bear the
Seal of the Court.]
No. 1.
Heading and Titles of Causes.
(i) In Rem.
19 . {Here put number.)
In the High Court of Justice. Probate, Divorce, and Admiralty Division
[or other Court having prize jurisdiction].
^Hi'the cause is instituted against a ship {or aircraft) only, or against
' a ship {or aircraft) and cargo, or against a ship {or aircraft), cargo,
and freight, the title should be the name of the ship, or, as the case
mav be the word “ Aircraft ” followed by the nationality and
registration marks of the aircraft, and the name of the master:)
The (Aircraft) . . .
(or, if the cause is instituted against cargo only:)
r ari y 0 *
{or/if the cause is instituted against goods other than cargo:)
^ th^TauTe is instituted against the proceeds realised by the sale of
ship {or aircraft) or cargo or goods:)
The proceeds of the ship (aircraft) >
{or)
The proceeds of the cargo ex
{or)
The proceeds of the goods taken at
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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’ [79v] (158/292), British Library: India Office Records and Private Papers, IOR/R/15/2/675, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100025289612.0x00009f> [accessed 14 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