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'File A/9 II Bahrain Order in Council' [3r] (22/226)
The record is made up of 1 volume (84 folios). It was created in 2 Sep 1915-16 Jul 1920. 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.
3
U
la l Assists,^
the Indian
san Wi
)f IniiaiB
or
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jtionS)
itra^ J
(2) Wkere this Order confers any power or imposes any duty, then, unless a contrary
intention appears, the power may be exercised, and the duty shall be performed from time to
time as occasion requires.
(3) Where this Order confers a power, or imposes a duty on, or with respect to, a holder
of an office, as such, then, unless a contrary intentkm appears, the power may be exercised and
the duty shall be performed by, or with respect to, the holder for the time being of the office or
the person temporarily acting for the holder.
(4^ Where this Order confers a power to mike any Rules, Regulations, or Orders, the
power shall, unless a contrary intention appears, be construed as including a power exercisable
in the like manner and subject to the like consent and conditions, if any, to rescind, revoke,
vary, or amend the Rule?, Regulations, or Orders.
(5) This Article shall apply to the construction of any Regulations, Rules or Orders made
under this Order, unless a contrary intention appears.
6. Where this Order refers to any specified Act or Acts of Parliament, such reference
shall, unless a contrary intention appears, be deemed to include any Act or Acts amending or
substituted for the same.
7. In the event of the death, ineapacity, removal, or absence from Bahrein of the Political
Agent for the time being, all and every the powers, authorities and immunities by this Order
granted to him shall, until His Majesty's further pleasure is signified through the Governor-
General of India in Council, be vested in 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.
.
8. The powers conferred by this Order shall extend to the persons and matters following,
in so far as by Treaty, grant, usage, sufferance, or other lawful means, His Majesty has
jurisdiction in relation to such persons, matters, and things, that is to say :—*
(1) British subjects, as herein defined, within the limits of this Order.
(2) Foreigners with respect to whom the Sheikh of Bahrein has agreed with His Majesty
for, or consented to, the exercise of jurisdiction by His Majesty.
(3) Bahrein subjects registered in the Political
Agency
An office of the East India Company and, later, of the British Raj, headed by an agent.
as being in the regular service
of British subjects or foreigners; with the proviso that all cases wherein such Bahrein
subjects are concerned shall be dealt with in accordance with the provisions of Part V of
this Order. '
(4) The expression " person to whom this Order applies " shall be construed in accordance
with the above three sub-Articles. "■
(5) The property and all personal or proprietary rights and liabi'ities within the said
limits of British subjects and of foreigners within sub-Article (2) and of Bahrein subjects
within sub-Article (3), whether such persons are themselves within or without the limits of
this Order.
(6) British ships and ships belonging to foreigners within sub-Article (2) with their
boats, and the persons and property on board thereof, or belonging thereto, being within
the limits of this Order ; provided that jurisdiction over foreign ships shall not be exercised
otherwise than according to the practice of the High Court in England in the exercise of
Jurisdiction over foreign ships,
(7) If any question arises whether the subjects or citizens of any country. State, or tribe
have or have not been placed under the jurisdiction of His Majesty by agreement with, or the
consent of, the Sheikh of Bahrein, it shall be referred by the Court 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.
,
and a certificate under his hand and seal shall be conclusive on the question, and judicial notice
shall be taken thereof.
9. All His Majesty's jurisdiction exercisable within the limits of this Order for the
hearing and determination of criminal and civil matters, or for the maintenance of order, or
for - the control or administration of persons or property, or in relation thereto, shall be
exercised, under and according to the provisions of this Order, so far as this Order extends and
applies.
10. Nothing in this Order shall be deemed to relieve any officer or person in the service of
His Majesty of the duty, as far as there is proper opportunity, of promoting reconciliation and
encouraging and facilitating the settlement in an amicable way, and without recourse to
litigation, of matters in difference between persons subject to this Order or between persons
subject to this Order and persons who are not subject to this Order, within the limits of this
Order.
P art II.— Application of Law of British India and of the United Kingdom.
11. (1) Subject to the other provisions of this Order, and to any Treaties for the time
being in force relating to Bahrein^His Maj esty's criminal and civil jurisdi ct ion in Bahrein
sha ll, so far as circumstances admit, be exercised on the principles of, and in conformity
with, the enactmen ts|for the time being applieab lejas here inafter mentioned of the Governor-
r
\
n
About this item
- Content
The volume contains correspondence relating to 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 on 3 February 1919. A printed copy of the Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. is included at the front of the volume (folios 2-9), and marked with red, blue and black pencil annotations, marking incorrect or important aspects of the text. The main correspondents in the volume are 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 Norman Bray, and the ruler of Bahrain, Shaikh ‘Īsá bin ‘Alī Āl Khalīfah. Numerous letters were exchanged between the two men directly before and after the introduction of the Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. . Bray’s correspondence prior to this introduction seeks to smooth the way and seek Shaikh ‘Īsá’s full acceptance of the Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. . Correspondence after the introduction of the Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. is largely comprised of negotiations over the Shaikh’s relinquishment of khidmah (a ten per cent judicial fee payable to the Sheikh of Bahrain's treasury), and expressions of thanks and mutual appreciation between the two men. Bray's letter to the Deputy 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. at Bushire and the Civil Commissioner in Baghdad, dated 14 February 1919, includes diaristic reports on the negotiations and meetings that took place between himself at Shaikh ‘Īsá during the introduction of the Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. (folios 28-47). A English text of the notification of the Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , issued by the Political Agency An office of the East India Company and, later, of the British Raj, headed by an agent. , is included on folio 18.
Folios 102 and 103 are loose pages containing office notes. The correspondence described in these two pages, which refer to the administration of the Majlis [al-Urfi], are annotated as dating from 17 March 1941 to 8 April 1942. It is likely, therefore, that these two pages were misplaced at a later date into the current volume.
- Extent and format
- 1 volume (84 folios)
- Arrangement
The volume's content have been divided into two parts. The first part of the volume (running up to folio 60) is comprised of copies of inward and outward correspondence, arranged in approximate chronological order, starting with the earliest items first. The second part of the volume (from folio 61) is comprised of the handwritten drafts, translations and original Arabic correspondence that inform the correspondence in the first part of the volume.
- Physical characteristics
Foliation: The foliation sequence runs from the front cover to the inside back cover, using pencil numbers positioned in the top-left corner of each recto The front of a sheet of paper or leaf, often abbreviated to 'r'. . Most of the foliation numbers are written in blue pencil. The following foliation anomalies occur: 1a-1f. Folio 100 has been omitted or is missing.
The following folios are fold-outs: 34, 61, 62, 69-82, 84, 87, 89, 95, 97, 102, 103.
- Written in
- English and Arabic in Latin and Arabic script View the complete information for this record
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'File A/9 II Bahrain Order in Council' [3r] (22/226), British Library: India Office Records and Private Papers, IOR/R/15/2/7, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100023902657.0x000017> [accessed 2 April 2025]
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Copyright: How to use this content
- Reference
- IOR/R/15/2/7
- Title
- 'File A/9 II Bahrain Order in Council'
- Pages
- front, back, spine, edge, head, tail, front-i, 1ar:1fv, 2r:86v, 88r:89r, 90r:100v, 102r:105v, back-i
- Author
- East India Company, the Board of Control, the India Office, or other British Government Department
- Usage terms
- Open Government Licence