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'File A/9 I Bahrain Order in Council' [103v] (225/536)
The record is made up of 1 volume (258 folios). It was created in 2 Dec 1895-31 Oct 1918. It was written in English and Arabic. 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.
si
i I
rni-ip pnartmenis described in the first schedule to the Foreign Juvisdictioj
A f l SQO Shan apply to Bahrein, as if it were a British colony or possession,
Act, 1890, shall appiy i Order and to the exceptions, adaptations, and
suhiect to the provisions of tais Urcier, ana i N and # .V .
modifications following, that is to say .
/; ^ 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.
in the
Persian Gulf
The historical term used to describe the body of water between the Arabian Peninsula and Iran.
is hereby substituted for tl* J
(i.) ine xoiuca nossess ioii, and the Chief Court is hereby substtuted ■
Governor of a ™lony or BriUs^possess^on, ^ Court for a Ma2istra «
.v order ti
'to rec orC
(ionll0t ^
j^crent
for a Superior Court or Supreme Courl,"and the District Court for a Ma g i^
Justice ^^^^^p^ j^^p'^^elto'chant'shipping Acts, 1854 and 1867, re terKd
in the safd Schedule, shall be substituted Bart XIII of the Merchant SKippi,. ^j e ,
ACt, «H 9 fln Section 51 cf the Conveyancing (Scotland) Act, 1871, the Court of tyjjcif .
Political A"entsubstituted for a Court of Probate m a colony. ■
(iv.) With respect to the fugitive Offenders Act, 1881
(ol So much of the 4th and 5th sections of the said Act as relates to s ™lin? "'[jasfsit
a repor of the issue of a warrant, together with the information, or a copy thereof o, J ^ ,
to the Vendin" of a certificate of committal and report of a case or to the infomaU# ^ to
o be "iven bv a Magistrate to a fugitive, shall be excepted and in lien of such mW* 1
maHon the person acting as the Magistrate shall inform the fugi ive that in fc*
British possession or protectorate to which he may be conveyed he has the right to ^ ■
annlv for a writ of habeas corpus or other like process.
11 J ,. X ^ i ^1, ^ n-F flip smd A(
r tor a writ ui uuuza* tu,~ r . 4 . • ii • J-
(fc.) So much of the 6th section of the said Act as requires the expiration ot|*- m tDde
fifteen days before issue of warrant shall be excepted. _ _ : Bff '
lc)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.
shall not be bound to return a fugitive offender to a ^ f
British possession unless satisfied that the proceedings to obtain his return are taken » « L
with the consent of the Governor of that possession. wi d • "" L t
(rl) For the purposes of Part II of the said Act, Bahrein, Muscat, the Persian *
Coast and Islands, and all other places on the shores of the
Persian Gulf
The historical term used to describe the body of water between the Arabian Peninsula and Iran.
or the Galf IW
of Oman, Aden, and British India, shall be deemed to be one group ot
possessions.
13 Where bv virtue of anv Imperial Act, or of this Order, or otherwise, any . -r p
provisions of anv Imperial Acts/or of any Law in force in India or of any Orders in as are
Council other than this Order, are applicable within the limits of this Order, or any Aceonilie tr
forms Keo-ulations, or procedure prescribed or established by or under such Act, . ( -(l.Ulie
Law or Order, are made applicable for anv purpose of this Order, or any other Unier iUd the f
relating to Bahrein, such Acts, Laws, Orders, forms, Uegnlations, or procedure maj »tioimtkil
be construed or used with such alterations and adaptations not affecting the substance pe Cou
as may be necessarv having regard to local circumstances, and anything required to ttrconvicted
be done by, to, or before anv Court, Judg^, officer, or authority may be done by, to, aliprisonedin
or before a Court, Judge, officer, or authority having the like or analogous functions, kukmyw
or by, to, or before any officer designated by the Secretary of State or by the Court IS, Where ai
(as the case may require) for that purpose; and in case any difficulty occurs in ^iffipiisonaent,
application the Secretary of State, or with his previous or subsequent assent M ^
Governor-General of India in Council, may direct by, to, or before whom and m wliaj^^j^^
manner anything is to be done, and such Act, Law, Order, f orm, llegulatioo, orj ^ ^ ^
procedure shall be construed accordingly. .Pfrisonmentto
Where under any such Imperial Act, Law, or Order, any publication isj ^ j n ^-
required to be made, as respects any judicial proceeding in any ''^ aze ^ jljRtj'sdoininii
otherwise, such publication shall be made by such mode as the Court shall tumk
to direct.
Part III.— Criminal.
14.—(1.) Subject to the other provisions of this Order, the Code of Cnfflwj
Procedure and the other enactments relating to the administration of criminal jusi
in British India for the time being shall "be applicable to Bahrein. The roll i
Besident in the
Persian Gulf
The historical term used to describe the body of water between the Arabian Peninsula and Iran.
shall hold and form a Court, to be called the 0 i
Court, \\hich shall have all the powers of a High Court of Judicature; the roliti
Agent at Bahrein shall be deemed to be the District Magistrate and Sessions Ju g
the Judicial Assistant 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.
shall be deemed to be the ^ ddlt J° n
District Magistrate and Additional Sessions Judge ; and the powers of the (j0 [ e 1l j <
General in Council and of the Local Government under those enactments sia
lawful mea
Oi
^ifbotl
(ij lithe
jHiti
"mtbeij
About this item
- Content
The volume’s correspondence and other papers concern the implementation of an Order of Council in Bahrain. The principal correspondents in the file are 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. and 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. in Bahrain, each post being held by a number of different representatives throughout the period covered by the volume.
The first item in the volume is a letter sent from Major Ramsay, British Consul-General in Baghdad, to Major Percy Cox, 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. , dated 9 March 1907. The letter concerns the jurisdiction in Bahrain over American citizens based at the American Missionary, particularly in relation to births, deaths and the disposal of estates (folio 1g). This enquiry was symptomatic of raised concerns over where jurisdiction lay in relation to the increasing number of foreign nationals in Bahrain. In a letter dated 6 April 1907 the Bahrain 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. , Captain Francis Prideaux, wrote to Cox, outlining the judiciary requirement he believed that he, as 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. , should have. These included the authority of a district magistrate in criminal matters, consular authority in notarial and shipping duties, and the power of vice-admiralty (folios 3-8).
Application was consequently made for an Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. in Bahrain, via Cox, in his capacity as 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 the Government of India, the Secretary of State for India, and the Foreign Secretary. In May 1909, John Morley, the Secretary of State for India, wrote to the Governor General of India, stating that, in light of increasing German activity in the Gulf, 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. in Bahrain was authorised to approach the ruler of Bahrain, Shaikh ‘Īsá bin ‘Alī Āl Khalīfah, with a view to him ceding responsibility for foreign nationals in his dominions to the British Government (folios 50-52). This responsibility was duly granted to the British (folios 63-64), though not, according to Captain Charles Mackenzie, then 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. in Bahrain, without some reluctance on the part of Shaikh ‘Īsá (folios 65-66).
Subsequent correspondence deals with some of the finer points of the wording of the Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , with particular attention being paid by officials to the status of foreign nationals in Bahrain, including their registration with the Political Agency An office of the East India Company and, later, of the British Raj, headed by an agent. , and the legal ability to deport them if necessary. A draft copy of the Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , dated, 1912, is included in the volume (folios 100-112). The unrest and disruption caused by the First World War in the Gulf, repeatedly delayed the introduction of the Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. . On 7 May 1917 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. Captain Percy Loch wrote 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. , Major Arthur Trevor, suggesting that, in view of recent developments in the conflict in Europe, and the entry into the war of the United States of America, the present time might be a prudent one to implement the Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. . In his letter Loch described how Turkish withdrawal from the Gulf, the independence of Bin Saud [Ibn Sa‘ūd], and formal British relations with the Shaikh of Qatar, would impact upon the treatment of certain foreign nationals in Bahrain (folios 232-35). Trevor rejected Loch’s proposal, and in May 1918, the introduction of the Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. in Bahrain was postponed once more, until February 1919 (folio 248).
Amongst the discussions over Bahrain’s Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , the appointment of a judicial assistant for the Political Agency An office of the East India Company and, later, of the British Raj, headed by an agent. was discussed (folios 189-94, 243-44, 249-51), as was the existing khidmah system of revenue collection (a ten per cent judicial fee payable to the Sheikh of Bahrain's treasury). A Statement of khidmah for the years 1912 to 1916 is included on folio 227.
- Extent and format
- 1 volume (258 folios)
- Arrangement
The contents of the volume have been arranged in approximate chronological order, from the earliest items at the front of the volume, to the latest at the end.
- Physical characteristics
Foliation: The volume is foliated from the front cover to the inside back cover, using blue pencil numbers located in the top-right corner of each recto The front of a sheet of paper or leaf, often abbreviated to 'r'. . A few folio numbers, chiefly at the front and end of the volume, are in black pencil. The following foliation anomalies occur: 1a-1g.
The following folios are fold-outs: 60, 226, 227.
- Written in
- English and Arabic in Latin and Arabic script View the complete information for this record
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Copyright: How to use this content
- Reference
- IOR/R/15/2/6
- Title
- 'File A/9 I Bahrain Order in Council'
- Pages
- front, back, spine, edge, head, tail, front-i, 1ar:1gv, 2r:63r, 64r:125v, 126v:258v, back-i
- Author
- East India Company, the Board of Control, the India Office, or other British Government Department
- Usage terms
- Open Government Licence