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 [‎415v] (18/20)

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2 It is observed that you have drawn up rules for the conduct of business
in the Consular Courts. These rules are said to be only provisional pending
orders of Her Majesty’s Government, who have the whole question of the
reform of the Consular Court at Zanzibar under consideration. 1 ou have also
revised the Table of Pees leviable in civil and criminal cases, the principal
alteration being the substitution of dollars for rupees Indian silver coin also widely used in the Persian Gulf. , which appears to be a
profitable as well as convenient change.
3 T i ie Government of India has no information of the appointment of
% f -i cpr*mid Assistants to be Consuls or Vice-Consuls, or of any
&Si^^^i n Co T a.of9thAi r |»r^^
tion of Consular jurisdiction m the dominions of the Sultan ot Zanzibar.
Unless these appointments have been made, and the Order m Council altered,
your Rules 5-10 appear to be ultra vires.
4. The Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. does not recognize any Consular Court but that
of the Consul, and it does not empower the Consul to make rules for defining
the civil and criminal jurisdiction of his Assistants m the manner proposed
by you. Captain Elton and Mr. Holmwood were appointed first and second
Assistants in this Office Notification No. IBHA P. of 13th June 1873, but no
Consular or judicial powers appear as yet _to have been conferred on the .
Under Eoreign Office Notification No. 1275 of 13th June 1873, the Political
Agent at Zanzibar has the jurisdiction of a Justice of the Peace and Magistrate
of B the first class, and under Notification No. 770, dated 1st -M IV|1 J. as( > the
jurisdiction in certain cases of a Deputy Commissioner under Section 36 of the
Civil Procedure Code. Under Act XL of 1872, the Government of India can
confer these or any lesser powers on your Assistants; but m that case tliey
would have to be guided by the Civil Procedure Code, and not by the Consular
Rules. Should you wish it, limited judicial powers will be conferred on your
fii-cf finrl sftp.ond Assistants.
5. In the meantime you are advised not to act on the rules. in your
Consular capacity so far as they relate to the distribution of judicial work
between yourself and your Assistants, until you receive instructions from Her
Majesty’s Government, to whom the correspondence will be referred.
6. Your proposal for the entertainment of a JELamal on Rupees Indian silver coin also widely used in the Persian Gulf. 10 per
mensem for your Court-house is sanctioned by His Excellency the Viceroy and
Governor-General in Council, on the usual understanding that half the cost
will be debited to Her Majesty’s Government.
No. 2187P.
Extract, paragraphs 1 and 6 of the above, forwarded to the Einancial
Department for information and further orders.
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Exh—J. 1). G.