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Coll 30/187 'Prize jurisdiction in the Persian Gulf States.' [‎33v] (66/217)

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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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3- When an affidavit is made by any person who is blind, or who, from
his signature or otherwise, appears to be illiterate, the person before whom
the affidavit is sworn shall certify that the affidavit was read over to the
deponent, and that the deponent appeared to understand the same, and
made his mark or wrote his signature thereto in the presence of the person
before whom the affidavit was sworn.
4- When an affidavit is made by a person who does not speak the English
language, the affidavit shall be taken down and read over to the deponent
by interpretation of a person previously sworn faithfully to interpret the
affidavit.
5. Affidavits sworn within the jurisdiction shall be sworn before the
Judge, Registrar, commissioner, or officer emoowered under these Rules
to administer oaths.
6. Affidavits sworn out of the jurisdiction may be sworn before the follow
ing persons: —
(1) If sworn in any place being a part of His Majesty's dominions
before any person authorised to administer oaths in such place.
(2) If sworn in any place not being a part of His Majesty’s dominions
before any person authorised to administer oaths under the Com
missioners for Oaths Act, 1889, sections 4 and 6, or under the
Commissioners for Oaths Act, 1891, section 2, or under the
Commissioners for Oaths (Prize Proceedings) Act, 1907, or before
a notary public, or before a Judge or magistrate, the signature
of such notary public. Judge, or magistrate being authenticated
+7 th 7 ?® cial seaI of th e Court to which he is attached, or bv
Sea ° f the Su P reme c °urt of the country where the
affidavit is sworn, or by the certificate of a consular officer.
7. The reception of any affidavit as evidence may be objected to if the
affidavit has been sworn before the solicitor for the party on whose behalf
it is offered, or before a partner or clerk of such solicitor.
8. Every affidavit shall, before being used as evidence, be filed in the
Registry together with all exhibits thereto, and a copy of such affidavit shall
be served on the other parties to the cause. amaavit shall
ORDER XXII.
Oaths.
Fxcise h an?h e S-S 3 r ’K an ^ C0 ^ miSSi0ner f ° r ° aths ’ an y officer of Customs and
Excise authorised by the Commissioners of Customs and Excise and anv
rl'ir perSOn direc . ted or empowered to administer oaths in prize pro
ceedings may administer oaths therein. ^ P
2. The Judge may appoint any person to administer oaths in causes
either generally or in any particular proceeding.
3 - Any person to whom an oath is administered shall swear in the
objected to as incompetent to take an oath, or is by reason of any defect
in mth th k " c ™ ltd8e or beIlef incapable of comprehending the nature of
satisfied'that {he^aWng^fTn“K.d^^MngXtThis
conscence, permit him. in lieu of an oath, to make a decStion
Ap 5 pend{x m A. 0 NXo a "nd d 5 e i Clarati0nS “ ° f ° athS W,ll be found in
ORDER XI
Consents and
Any consent or agreement in writing,
solicitors, may, if the Registrar think
thereupon become an order of the Cour
such order had been made by the Judge.
ORDER Xi
Subpcenc
1. Any party desiring to compel the
purpose either of giving evidence or c
serve him with a subpoena, which sha)
issued under the seal of the Court.
Forms of subpoena shall be such as
in the High Court, or in the case of a
such as are for the time being in force
its ordinary jurisdiction.
2. A subpoena may contain the name:
may be issued with the names of the
3. Service of the subpoena must be pe
party or his agent, and shall, if necesst
4. Refusal or neglect to attend on subp
evidence on attendance thereunder, sha:
Court and may be dealt with accordingly.
ORDER X:
Copies. Printing. (
1. Depositions, pleadings, affidavits, an
thereof may be either written, typed, c
venient, except transcripts of the evide:
hearing, which shall be printed, unless th
Any dispute between the parties as to
written, typed, or printed shall be de
application, without a summons, of any ]
2. Where a document is printed the 1
being in force in the High Court, or in
the High Court the rules as to printing f(
Court in the exercise of its ordinary ju
such rules were part of these rules.
3. Any person entitled to inspect any
payment of the proper charges for the se
thereof.
ORDER XX
Payments into and c
1. In causes instituted in the High Cc
paid into Court, and all securities to be
causes, shall be dealt with in the manne
paid or transferred into Court are usual!
the ordinary jurisdiction of the Court.

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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.' [‎33v] (66/217), British Library: India Office Records and Private Papers, IOR/L/PS/12/3925, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100055145069.0x000045> [accessed 23 May 2024]

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