'File A/9 I Bahrain Order in Council' [139r] (296/536)
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.
Wf^i
'Si
Your other difficulty seems to me to deoend on the
ludiolal Interpretation of "Subject to the provisions
of this order" Part III section 14(1).
Does that mean "If the Order lays dovm one course of '
action, I am bound to adhere to it"?, or "provided thsre
is nothing in the provisions of this Order absolutely
inconsistent with the provisions of the Criminal Procedure
Code as regards *» taking of security, I am at libertv to
either
apply procedure as seemn good to me".
I find it difficult to explain my point but I can imagine
a process of reasoning somewhat as follows
The
Order in Council
A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council.
lays down a course of action for me
in Section 20, where a person is convioted of an offence.
It is silent on what I an to do when confronted with cir- l
I
cumstanoes contemplated by sections 107 and 125 G.C.P, —
But it has applied the O.C.P# in toto and expects me to
i
make use of it, unless there is something repugnant to
such of its provisions as I - propose to apply in the provi
sions of the Order. I find nothing,therefore I apply C.C.P.
sections 107 or 123 as the case may be. [ : i
The difference between my view and your? is this "I
regard G.G.P. and
Order in Council
A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council.
as concurrent, until
they can be shown to conflict, when
Order in Council
A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council.
car
ries the day". Where order is silent, as for instance of ^ :
section 21 (1 f where it is shown by evidence on oath, to
H the smtisfaction of the District Court that any person stCf
the
Order in Council
A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council.
gives me no guidance: I therefore titrn |
to the C.C.P. section 107 (l) and find that it does guide
me and therefore apply it. This is all special pleading but i
you are not likely to be worried by pleaders and, if it in
convenient, I should adopt this procedure, until some one
stops you.
You on the other hand, contend that for the provisions of
the O.C.F. for taking security paras 20-25 o Order in
Council j. i t |
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