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'File A/9 I Bahrain Order in Council' [107r] (232/536)
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.
/o
11
tt* Agent acting in concert with the Sheikh of Bahrein, and in all Salifah cases their ioint
decision shall be final. J
(4.) The award of the Arbitrator under sub-Article 1 (e) shall he final, and shall
1 ] not he open to appeal unless the same shall within a reasonable time have been ordered
by 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.
to be set aside on the ground that it is not final or is defective,
or that the Arbitiatoi has exceeded his authority, or has been guilty of misconduct in
f f4 the matter.
(5.) Nothing herein mentioned shall prevent the District Court, the Joint Court,
the Majlis-el-Urf, the Salifah Court, or the Arbitrator from referring any matter in
^ the progress of a suit which involves a point of Mahommedan law to a Kazi for decision,
or from sending any party or witness, being a Mahommedan, to a Kazi for the
administration of an oath.
46.—(1.) Where a Bahrein subject obtains, in a Court established under this Order,
a decree or order against a defendant being a British subject, or foreigner, and in
another suit that defendant is plaintiff and the Bahrein subject is defendant, the Court
may, if it thinks fit, on the application of the British subject, or foreigner, stay the
enforcement of the decree or order pending that other suit, and may set off any amount
decreed or ordered to be paid by one party in one suit against any amount decreed or
lam ordered to be paid by the other party in the other suit.
I tin: J (2.) Where a plaintiff, being a Bahrein subject, obtains a decree or order, in a
Court established under this Order, against two or more defendants, being British
rtmr? subjects, or foreigners, jointly, and in another suit one of them is a plaintiff and the
ter Bahrein subject is defendant, the Court may. if it thinks fit, on the application of the
ijiid British subjects, or foreigners, stay the* enforcement of the decree or order pending
that other suit, and may set off any amount decreed or ordered to be paid by one
party in one suit against any amount decreed or ordered to be paid by the other party
in the other suit, without prejudice to the right of the British subject or foreigner to
obtain contribution from his co-defendants under the joint liability.
(3.) Where in a suit a Bahrein subject is co-plaintiff with a British subject or
fcreigner who is in Bahrein, it shall not be necessary for the Bahrein suoject
to ^ive security under this Article as regards fees and costs, unless the Comt
)hiir.5j so directs, but the co-plaintiff British subject, or foreigner, shall be responsible toi all
fees and costs.
ijailaiS 47.—(1.) Every agreement for reference to arbitration between a person to
whom this Order applies on the one hand, and a Bahrein subject on the ot ler
hand, may, on the application of any party, be filed for execution in the o ce o e
Court. ^ . j 4-i
(2.) The Court shall thereupon have authority to enforce the agreement, and the
award made thereunder, and to control and regulate the proceedings before and after
" ' the award, in such manner and on such terms as the Couit may unv , in concei
with the Sheikh or his representative.
isrfit'lif
me#'
lillH
(c.) General
48.—(1.) Where it is proved that the attendance of a
applies to give evidence or for an y ^ P^uLrrConrt "estahlished under this
of justice, is required before a Bahrein in Dun , i-i p Court would
Order may, if it'thinks fit, in a case -d - "rc^
require the attendance of that person before tl e ,
■K - . ,
required.
""ijUtl,. p™. ordered .0
place at which he is required to attend fai s ^ inde !, pendent iy 0 f any
excuse his failure to the satisfaction of the C , . t £ or a term which
other liability, be liable to be punished wi i P ^ t i yo o rt ,pees, or
may extend to two months, or with fine which may extend , i
, with both. 1 • irivnlcp^ or submits to th^
49. When a person to whom this Order JW .,. to ^ the decision of
jurisdiction of a Bahrein Tribunal, and engages hv^that Tribunal to be paid by
that Tribunal or to pay
any fees or ^P^ es ^^fitto r'oqL^enforcepaymont o"f
m > 1116 Court may, on such evidence as 1 ... . e f ees payable in a proceeding
such fees and expenses in the same manner as if they F to the r
in the Court, and shall pay over and account for the same, when
Bahrein authority, as the Court may direct.
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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'File A/9 I Bahrain Order in Council' [107r] (232/536), British Library: India Office Records and Private Papers, IOR/R/15/2/6, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100023489038.0x000021> [accessed 27 July 2026]
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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