"ملخص لشؤون الساحل الفارسي والجزر، ١٨٥٤-١٩٠٥، بقلم ج. أ. سالدانها، بكالوريوس القانون" [ظ‎‎٨‎٢] (٢١٢/١٦٤)

152
560. The Foreign Office in London also ordered that the restriction on the
Resident communicating with the local
Poimcai a., November 1 , 03.11511. Governors should be removed (Secretary
of State's despatch to the Government of India dated 23rd October 1868),
(Ixxxi) Right of British subjects to purchase and build houses in Persia.
(?) Discussion of the question in 1866-68,
561. This question should be discussed in the light of Article 5 of the sepa
rate compact (relative to commerce, etc.) referred to in Article X of the Treaty
of Turkomanchai under the most favoured nation clause of the treaty of 1857
between Great Britain and Persia—
A rticle 5.
Seeing that, according to the existing usages in Persia, it is difficult for foreign sub
jects to find houses, ware-rooms or proper places for the storage of their merchandize to
let, it is permitted to Russian subjects in Persia not only to rent, but also to acquire, by
every right of ownership, houses to dwell in, as well as ware-rooms and places in which to
deposit their merchandize. The servants of the Persian Government shall not be allowed
to enter by force the said houses, ware-rooms or places without having recourse, in
case of necessity, to the authority of the Minister, or of the Charge d'Affaires, or of the
Consul of Russia who shall depute an officer or dragoman to be present at the inspection
of the house or of the merchandize.
562. Writing to Sir Charles Alison, Colonel Pelly in his letter, dated 16th
_ . p, , 0 ,, ^ October 1866, stated that the Persian
Political A., December i860, Nos. 65-66. .i • • 111 1 • • * t-. • • ,
authorities had been objecting to British
merchants purchasing houses from the Persians, though he thought that the
right was clearly accorded by the article quoted above.
563. When Sir Charles Alison represented the matter to the Shah's Gov-
D , *• 1 A T m ne ™ ernment, the Persian Minister for Foreign
Political A., Januaay 1867, Nos. 75-77- \ a • o • j m \ , &
Affairs (Mirza Said Khan) replied on
nth November 1866:-—
4< I have communicated to His Majesty Your Excellency's letter of 1st instant, and
am instructed to reply as follows
With regard to a house for dwelling in and ambars for placing bond fide mer
cantile goods, which, in accordance with the treaty, was granted by this Government to
the subjects of friendly powers, that agreement remains in force.
But it is necessary that Your Excellency should inform the British Resident at
Bushire and all British subjects that, so long as it is in their power to obtain a house or
ambar in the way of hire, they are to hire them and in case difficulties occur, then they may
obtain them as property, but only to the extent which shall suffice for dwelling in and for
storing this mercantile goods, not beyond that amount.
564. The British Envoy forwarded this reply to the Resident observing that
the right to build houses is not specified in the treaty, but that there was no doubt
that Europeans had purchased grounds and built houses thereon. He thought
that it was desirable that British subjects should endeavour in the first place to
hire accommodation and if that be not possible to purchase a house (letter
dated 12th November 1866).
Politic! a., June .S67, No S . 1 25-.26. 5 6 5- The following opinion was expressed
by Lord Stanley to Sir C. Alison (des
patch No. 18, dated 4th April 1867) on the point :—
I have had under my consideration, and have consulted the Law Adviser of the
Crown upon the subject of the right of foreigners to purchase houses and stores in Persia,
as referred to in your despatch No. 14 of the 4th of February last; and I have to state
to you that, in the opinion of Her Majesty's Government, you will be clearly justified in
insisting on the absolute and unqualified right of Her Majesty's subjects to purchase
dwelling-houses, warehouses, and places of deposit for their merchandize in Persia.
The Persian meaning of the word emplacements in the French translation of the 5th
Article of the Commercial Treaty of Turkomanchai may probably extend to such premises
as are known in this country as wharfs and yards, which you can easily ascertain.