Coll 30/36 'Bahrain: claim of Yusuf Lutfali Khunji a Persian subject against Shaikh Hamad in respect of an ice factory' [‎143r] (285/340)

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Part IV.— Civil.
35. — (1) Subject to the other provisions of this Order, the Code
of Civil Procedure and the other Indian enactments, relating to
the administration of Civil justice and to insolvency and bank
ruptcy, shall have effect as if Bahrein were a district in the
Presidency The name given to each of the three divisions of the territory of the East India Company, and later the British Raj, on the Indian subcontinent. of Bombay. 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. shall be deemed to
be the District Judge, and his Court shall be deemed to be the
^^istrict or Principal Civil Court of Original J urisdiction in the
District; 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 an Additional District Judge, and his Court shall
be an Additional District Court of Original Civil J urisdiction ;
the Court of 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
highest Civil Court of Appeal for the District, and the Court
authorized to hear appeals from the decisions ot the District
Court; and the powers, both of the Governor-General in Council
and the Local Government, under those enactments shall be
exercisable by the Secretary of State, or with his previous or
subsequent assent, by the Governor-General of India in Council.
(‘2) Any jurisdiction exercisable by the Chief Court under this
Order in civil matters may be exercised by the Judge of that
Court, either within the limits of this Order or elsewhere.
36. When a suit between persons to whom this Order applies
is filed in the Political Agency An office of the East India Company and, later, of the British Raj, headed by an agent. , 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. shall enquire
from the several parties whether they desire that proceedings
shall be instituted in accordance with the Code of Civil Procedure
and the Indian enactments made applicable to Bahrein, or in
accordance with local usage, and shall record their replies.
37. When any of the several parties desire that the suit shall
be determined in accordance with the (’ode of Civil Procedure
and other enactments made applicable to Bahrein, the District
Court shall forthwith proceed to decide the suit in accordance
with the provisions of such enactments, as far as local conditions
permit.
Nothing in this section shall prevent the District Court from
referring—
(a) A question of local custom to the Majlis-el-Urf for con
sideration and report;
(b) A dispute over accounts between pearling-masters and
divers to the Salifah Court for scrutiny and
adjustment;
nor shall prevent the District Court, the Majlis-el-Urf, or the
Salifah Court 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.
38. — (1) The Foreign Jurisdiction (Admiralty) Order in
Council, 1910, shall apply to Bahrein, and the Chief Court shall
have the jurisdiction conferred by Article 4 of that Order, and the
District Court shall be deemed to be a Provincial Court, and the
Registry thereof a District Registry within the meaning of the
said Order.
(2) Admiralty actions commenced in the said Registry shall be
tried in the District Court, unless the Chief Court is at the time