Coll 30/36 'Bahrain: claim of Yusuf Lutfali Khunji a Persian subject against Shaikh Hamad in respect of an ice factory' [‎168r] (335/340)

to have special arrangements providing for reciprocal acceptance ol each
other’s direct jurisdiction. I informed him that if he could produce Viceroy’s tel. to
agreements, and if the other parties, on being referred to, acknowledged ^^Juiy 0 !/^^-
their validity, T thought we should be prepared to recognise them . . peatingtei. from
In the light of the protest in question, the wording of the Draft Order in p 0l 2^2/i2
^Council was amended to its present form, under which (Article S of the
Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. of 1913) the power conferred by the Order extends
“to the persons and matters following in so far as by Treaty, grant,
usage, sufferance, or other lawful means, IIis Majesty has jurisdiction
in relation to such persons, matters, and things, that is to say :—
(1) 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) '1'he property and all personal or proprietary rights and liabilities
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.
(G) 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 inferred by the Court to the Political
Resident, and a certificate under his hand and seal shall be
conclusive on the question and judicial notice shall be taken
thereof.”
10. Part V of the Order, to which reference is made in Article 8 quoted
above, deals with the important class of case, whether civil or criminal, in
which the parties are respectively a Bahrein subject and a person to whom
the Order applies. The procedure laid down in it is as follows : —
“ (a) Criminal.
Article 41.—(1) When a Bahrein subject desires to institute a
complaint against a person to whom this Order applies, or a person
to whom this Order applies desires to institute a complaint against a
Bahrein subject, 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 entertain the same, and may—
(a) with the concurrence of the Sheikh of Bahrein, himself hear
and determine it in his District Court, or
(/>) send it to the Joint Court, or
(c) if the defendant is a Mahommedan, refer it to a Kazi for
decision, sending a representative of the Agency An office of the East India Company and, later, of the British Raj, headed by an agent. to record
briefly the proceedings. Such decision, when endorsed 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. , shall for all purposes be considered as if
it were that of the District Court.
(2) Kothing in this Article shall prevent 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. from
exercising the revisory powers possessed by him under Article 4 of
the Convention with Bahrein, dated the 31st May 186l. ,iC
* See para. 1 above.