'Military report on Tehran and adjacent Provinces of North-West Persia (including the Caspian Littoral)' [‎135r] (274/610)

•e.g., cases involving public money, religious endowments, or
phans, bankruptcies, etc., and to assist unprotected persons
to obtain justice. If he disapproves of a verdict he can notify
the Minister of Justice who will order the case to be re tried.
In Tehran all cases, Civil and Criminal, go through the
’Courts, but in the provinces as a rule only the civil cases go
through them, i.e., mainly those which formerly were dealt
with by the Mujtahids as belonging to the “ Shar’.”
In Tehran also a department has been established for regis
tration and copying of documents (sabt-i-asnad) where title
deeds, etc., after being drawn up and countersigned by a Muj-
tahid are taken to be registered, stamped and copied, so that
■no disputes can arise about them in future. This registration
as not compulsory and the deeds are valid without it, but it is
usually carried out.
Like the post revolution financial administration, the newp rac t; ca i
administration of Justice modelled on up to date European working of
patterns has been found conspicuously wanting both in Tehran, Administration
with the single exception of the Registration Department,
and the provinces. It affords salaried employment plus faci
lities for Mudakhil to a number of clergy who form the majority
of the personnel, and the judicial procedure is considered as
1 corrupt and unjust as ever and, owing to the greater number
of persons to be propitiated under the new system, more ruin
ously Expensive.
The institution of courts has not removed jurisdiction from
the clutches of the Mujtahids as besides the clerical element
prevailing in the courts many civil cases within the scope of the
c ' Shar ” are still referred to them for arbitration.
Cases in which foreigners, subjects of a European power, Foreigners
are concerned do not enter the Persian Adliyeh. aucl the Law.
Cases between foreigners are settled in the Consular or Vice- Foreign
-Consular court of the defendant. representatives
The procedure in cases between foreigners and Persians is
based on a clause in the treaty of Turkomanchai, and such
cases in Tehran are referred to a special branch of the Persian
Foreign Office, where they are tried by a Persian official in the
presence of the foreign vice-consul, whose endorsement is re
quired for the verdict to be valid.
1 In 1920 a petition signed by the leading merchants of Tehran was presented
to the*Prime Minister condemning the corruption and injustice of the courts.