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Coll 30/187 'Prize jurisdiction in the Persian Gulf States.' [‎31r] (61/217)

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The record is made up of 1 file (107 folios). It was created in 11 Jul 1939-21 Dec 1939. 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. .

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(c) the depositions of the witnesses, if any, examined before the
hearing, whether such witnesses belong to the captured ship
or aircraft or are tendered on behalf of the captors or of any
other party;
(d) the evidence given at the hearing of any witnesses, whether on
behalf of the captors or of any other party; and
(e) such further evidence, if any, as may be admitted by the Judge.
3 - fhe J u dge may in any cause where it shall appear necessary for the
purposes of justice make an order for the examination upon oath before
the Judge or any officer of the Court or any other person, and at any place,
of any witness or person, and may empower any party to any such cause
to give such deposition in evidence therein on such terms, if any, as the
Judge may direct.
4. The Judge may make such order as he shall think fit as to the
hearing of the cause, the bringing in of claims, pleadings, discovery by
interrogatories, discovery and inspection of documents, or as to any other
matter upon such terms as the nature of the case may require.
5. Where in any cause whether for condemnation or otherwise claims
have been made by two or more parties, the Judge may, on the applica
tion of any party, make an order for the hearing of one or some of such
claims in priority to the other or others. Upon such hearing the Judge
may make such decree or order as he might have made if no other claims
had been made, but he may if he thinks fit order the stay of any
proceedings consequent thereon until the hearing of the other claim or
claims is completed.
6. Where any two or more causes whether for condemnation or otherwise
are pending the Judge may on the application of any party to any of
such causes order that they or such of them as may be specified in the
order be consolidated.
7. After a day has been fixed for the hearing of a cause the Registrar
shall send notice to all parties that the cause will be heard on the
appointed day.
8. At the hearing of a cause the party by whom it has been instituted
shall begin, unless the Judge shall otherwise order. If there are several
claimants the Judge shall direct which of them shall begin. At the
hearing of claims on joint capture the persons claiming to be joint
captors shall begin.
9. No ship or aircraft shall be condemned at the hearing in the absence
of an appearance or claim until six months have elapsed from the service
of the writ, which shall be verified by an affidavit of service (Appendix A,
Form No. 10), unless there be on the ship papers or aircraft papers, and
on the evidence, if any, of the witnesses from the captured ship or aircraft,
sufficient proof that such ship or aircraft belongs to the enemy, or is
otherwise liable to condemnation.
10. Any party in any cause may by leave of the Judge at the hearing
invoke and give in evidence the ship papers or aircraft papers brought in
and filed in any other cause.
n. If a witness is out of the jurisdiction of the Court, the Judge
may order that he shall be examined before an examiner specially appointed
for the purpose, or may order, in lieu of a commission, the issue of a
request to examine such witness.
Forms of a commission to examine witnesses, and of a request, and of
a return to a commission to examine witnesses, will be found in
Appendix A Nos. 41, 42 and 43.

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Content

The file concerns the application to the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. of amended prize jurisdiction in the run-up to, and following the outbreak of, the Second World War. Prize law related to the capture of enemy ships and goods during wartime. The Prize Act, 1939 extended prize law to aircraft also.

The papers include: a letter from Lieutenant-Colonel Sir Trenchard Craven William Fowle, 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. in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. , concerning special measures in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. on the outbreak of war, April 1939, including comments on Saudi Arabia, Iraq, Iran, Muscat and Oman, and the states that would automatically be at war on the side of the United Kingdom (Kuwait, Bahrain, and the Trucial Coast A name used by Britain from the nineteenth century to 1971 to refer to the present-day United Arab Emirates. ); copies of the Prize Act, 1939, and the Prize Courts Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , 1939; 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. correspondence and minutes; correspondence from the Government of India; the special position of Muscat and Oman in terms of prize jurisdiction (e.g. folio 16); and a copy of the Reprisals Restricting German Commerce Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , 1939.

The file includes a divider, which gives a list of correspondence references contained in the file by year. This is placed at the back of the correspondence.

Extent and format
1 file (107 folios)
Arrangement

The papers are arranged in approximate chronological order from the rear to the front of the file.

Physical characteristics

Foliation: the foliation sequence (used for referencing) commences at the front cover with 1, and terminates at the inside back cover with 109; 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.

Written in
English in Latin script
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Coll 30/187 'Prize jurisdiction in the Persian Gulf States.' [‎31r] (61/217), British Library: India Office Records and Private Papers, IOR/L/PS/12/3925, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100055145069.0x000040> [accessed 7 June 2024]

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