"ملخص لشؤون الساحل الفارسي والجزر، ١٨٥٤-١٩٠٥، بقلم ج. أ. سالدانها، بكالوريوس القانون" [و‎‎٥‎٧] (٢١٢/١١٣)

IOI
The same notification mentioned the Bombay High Court as the Court
to which the Justice of the Peace could commit for trial.
(( 338- We may mention that under section 6 of the Extradition Act, i872>
every such Justice of the Peace shall have powers conferred on magistrates o^
the first class, who are justices of the peace and European British subjects, by
any law for the time being in force in British India relating to criminal
procedure.
339. By notification No. 452 -P., dated 1st March 1877, the Government
Political a., March 1877, Nos. 1 -12. of India appointed the officer for the time
D .. . . r being holding the office of Assistant
Political Resident in the Persian Gulf, being a European British subject, to be a
Justice of the Peace and to exercise also the powers of a magistrate of the 1st
class, within the whole coast and islands of the Persian Gulf and the Gulf of Oman,
with the exception of those portions which are under the jurisdiction of the
Political Agent at Maskat and the Assistant Political Agent at Gwadur.
340. We have seen that Foreign Department Notification No. 1275-?.,*
Political A., September 1877, Nos. 285-286. dated 13th June ' ^73> appointed the
♦Secret Proceedings. June 1873, No. 336 (Nos. Resident in the Persian Gulf, being an
31 ' 347) ' . _ European British subject, a Justice of
the Peace within the territories to which he was accredited as the representative
of the British Government. And the same notification named the Bombay High
Court as the Court to which he should commit for trial.
341. Subsequently the Resident was informed by Foreign Department No.
» Political A., October, 1873, N s. 389-392. 2508 -P.,* dated 20th October 1873, that
the notification above cited did not
authorize him to exercise jurisdiction over Ei^opcdn British subject) because
the Government of India had no power to legislate for such persons residing
in the territories included in the Persian Gulf Residency. The Resident's
jurisdiction could only rest upon usage or upon express authority given by an*
Order in Council under the English Foreign Jurisdiction Act.
342. Again, in March 1877, the Resident was told (Foreign Department
No. 673 -P., dated 26th March 1877) that the latter part of Section 6, Act XI
of 1872, did not authorize him to commit Native British subjects to the Bombay
High Court for trial.
343- Erom these two rulings Colonel Prideaux argues In his letter No.
166, dated 28th June 1877, ^at the notification of June 1873 has no bearing at
all upon the legal position of the Resident in the Persian Gulf, for it does not
empower him to deal with Europeans in any w r ay or to commit natives for trial.
344. To remove all doubts the following notification was published :—
No. 2161-P., dated Simla, 7tli September 1877.
NOTIFICATION —By Government of India, Foreign Department.
Whereas by Treaty, Capitulation, Agreement, Grant, Usage, Sufferance, and other
lawful means, the Governor-General of India in Council has, in the countries or places
hereinafter in that behalf mentioned, power and jurisdiction to administer justice among
and over Indian British subjects, and for that purpose to make the appointments herein
after appearing:—
In exercise of the powers conferred by sections 4 and 5 of the Foreign Jurisdiction
and Extradiction Act, 1872 (Act XI of 1872), the Governor-General of India in Council
hereby delegates to the officer holding, for the time being, the office of Political Resident
in the Persian Gulf the powers and jurisdiction of a Magistrate of the 1st class as des
cribed in the Code of Criminal Procedure (Acts X of 1872 and XI of 1874), to be exercised
over Native Indian subjects of Her Majesty according to the procedure prescribed by the
said Code, within the undermentioned territories beyond the limits of British India in which
the said officer is accredited as the representative of the British Government: that is to
say, the coast line from Gwadur westward to the Persian Gulf, all the shores of the
Persian Gulf and the Gulf of Oman, with the islands situated in these Gulfs, and the
territories of the Sultan of Muscat in Arabia.
In exercise of the aforesaid powers, the Governor-General in Council is further pleased
to delegate to the said Political Resident in the Persian Gulf the powers and jurisdiction of
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