Political No. 183 of 1874, Forwarding a Copy of Correspondence with the Acting Political Agent at Zanzibar on the Subject of Consular Jurisdiction at Zanzibar [‎411r] (5/20)

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Enclosure No. 1.
No. 80; dated Zanzibar, 8th July 1874.
From—Her Majesty’s Acting“ 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. and Consul-General, Zanzibar,
To—Secretary to the Government of India, Foreign Department.
With reference to your letter No. 2770P., dated 6th December 1873, I
have the honor to inform you that the repairs of the Agency An office of the East India Company and, later, of the British Raj, headed by an agent. and Consulate-
General have been so far completed as to admit of the transfer of the business
of the Consular Court to the new building. The Court-room, which consists of
a large chamber, admirably adapted for the purpose required, together with a
succursal for clerks, &c., and a detached record-room, has been fitted with a
proper bar, with boxes for plaintiff and defendant, and every means has been
taken to secure the orderly and expeditious administration of justice.
2. Under the provisions of Clause 27 of Her Majesty’s Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council.
* Tor the Eegulation of Consular jurisdiction in of the 9tll August 18GO, ■' I have drawn
the dominions of the Sultan of Zanzibar. up a few rules for the Conduct of business
in the Court, which I submit herewith for the approval of His Excellency
the Viceroy and Governor-General in Council.
These rules have to some extent been rendered
necessary by the appointment of an Assistant 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. and Vice-Consul
at Zanzibar; but as I believe the whole question of the reform of the Consular
Court at this place is now under the consideration of Her Majesty’s Govern
ment, they should merely be regarded as provisional until further orders are
received. On this account I have abstained from framing rules on other points,
such as the limitation of suits for instance, wherein I consider it most expe
dient that the provisions of the Indian Act should be followed, though I would
deprecate any hasty action which would tend to unsettle the minds of the
mercantile community, who have been principally governed hitherto by custom
and usage rather than by the strict principles of law. I have also ventured to
modify in some slight degree the Table of Pees drawn
Aralcxed ' up by Mr. Churchill in August 1870. The prin
cipal alteration is the substitution of dollars for rupees Indian silver coin also widely used in the Persian Gulf. . The American gold
dollar may be said to be at present the unit of currency at Zanzibar, and as
all suits are preferred in that coin, it seems advisable that the fees leviable on
them should also be paid in dollars or in the fractional part of a dollar. In
addition to the convenience which this will be to the parties concerned, there
will be a considerable saving of clerical labour, as the present system of turning
the amount of the claim into rupees Indian silver coin also widely used in the Persian Gulf. from dollars prior to calculating the fee
payable on issue of the summons, will be entirely obviated, and it will be only
necessary to turn the total sum received during the month into rupees Indian silver coin also widely used in the Persian Gulf. in the
schedule which accompanies the monthly cash account, instead of each item,
as at present. The change will be also slightly to the advantage of Govern
ment, whilst inappreciable to the suitors, the rupee having only a value of
forty-seven cents, whereas the lowest rate leviable under the modified table is
fifty cents.
3. I have further to represent that, in order to keep the Court-room, &c.,
in a proper state of cleanliness and order, the services of a hamal are urgently
required. This want was not so much felt whilst the judicial and other business
of the Agency An office of the East India Company and, later, of the British Raj, headed by an agent. was conducted in the drawing-room of the old Consulate, but
the removal to so large a building as the Central African Mission House neces
sarily entails some additional expense upon 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 the items
of servants, lighting, &c., and it is not, I conceive, intended by Government
that the maintenance of the public office should also devolve upon him. I
trust therefore that the Government of India may be pleased to sanction the
entertainment of a Court hamal at the monthly rate of pay oi $4^ or say
Hupees 10.
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