263-276. 6. Trial on Indictment. 277. 7. Appeal on Law to Consul-General. 278-280. 8. Punishment. 281. 9. Deportation of Offenders. XII. 282-289.-Miscellaneous. ORDER IN COUNCIL relating to British Consular Jurisdiction in the Persian Gulf and Gulf of Oman (Persian Coasts and Islands).-13th December, 1889.* (Extract.) At the Court at Windsor, the 13th day of December, 1889.† PRESENT: THE QUEEN'S MOST EXCELLENT MAJESTY. Lord President, Earl of Coventry, Lord Morris, Sir William Hart Dyke, Bart., Mr. Ritchie. WHEREAS by Treaty, grant, usage, sufferance, and other lawful means, Her Majesty the Queen has power and jurisdiction, in relation to Her Majesty's subjects, and others, in that portion of the coasts and islands of the Persian Gulf and Gulf of Oman, which is within the dominious of His Majesty the Shah of Persia; Now, therefore, Her Majesty, by virtue and in exercise of the powers in this behalf by the Foreign Jurisdiction Acts, 1843 to 1878, or otherwise, in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it hereby ordered, as follows:- * See also Order, page 193. This Order in Council was published in the "London Gazette" of 24th December, 1889. PART I.-Preliminary. 1. This Order may be cited as "The Persian Coast and Islands Order in Council, 1889." 2. This Order is divided into Parts, as follows:- Part I.-Preliminary. Part II.-Application and Effect of Order. Part III.-Application of certain Portions of the Law of British India. Part IV.-Criminal Matters. Part V.—Civil Matters. Part VI.-Vice-Admiralty. Part VII.-Persian and Foreign Subjects and Tribunals. Part VIII.—Registration of British Subjects. Part IX. Procedure. Part X.-Supplemental Provisions. 3. In this Order (1.) "Persian coasts and islands," or the expression "the limits of this Order," means the coast and islands of the Persian Gulf and Gulf of Oman, being within the dominions of His Majesty the Shah of Persia, and includes the territorial waters of Persia adjacent to the said coast and islands: "Inland Persia" means the territories and dominions of the Shah of Persia, so far as not included within the limits of this Order: 66 (2.) Secretary of State" means one of Her Majesty's Principal Secretaries of State: (3.) "Consul-General" means the person for the time being holding the office of Her Majesty's Consul-General for Fars and the coasts and islands of the Persian Gulf, being within the dominions of Persia, and of Political Resident in the Persian Gulf, and includes a person acting temporarily with the approval of the Governor-General of India in Council as, or for, the Political Resident in the Persian Gulf: (4.) "Judicial Assistant" means an officer appointed by the Secretary of State, or, with his previous or subsequent assent, by the Governor-General of India in Council, to be a Judicial Assistant to the Consul-General, and includes an officer acting temporarily by order of the Consul-General as, or for, a Judicial Assistant: (5.) "British subject means a subject of Her Majesty, by birth or by naturalization: (6.) "British-protected person" means a person enjoying Her Majesty's protection within the Persian coast and islands, and includes by virtue of the Act of Parliament of the Sessior of the 39th and 40th years of Her Majesty's reign (1876), chapter 46, a subject of a Prince or State in India, in alliance with Her Majesty, residing or being within the Persian coast and islands: (7.) "Resident" means having a fixed place of abode within the Persian coast and islands: (8.) "Persian subject" means a subject of His Majesty the Shah of Persia: (9.) "Foreigner" means a subject or citizen of a State in amity with Her Majesty, other than Persia: (10.) "Persian or Foreign Court" means a Court of the Government of Persia, or of any foreign State in amity with Her Majesty, and exercising lawful jurisdiction within the Persian coast and islands, and includes every member or officer of such a Court: (11.) "Administration" means (unless a contrary intention appears from the context) letters of administration, including the same with will annexed, or granted for special or limited purposes, or limited in duration: 66 (12.) Ship" includes any vessel used in navigation, however propelled, with her tackle, furniture, and apparel, and any boat or other craft: (13.) "Offence means any act or omission punishable by a Criminal Court: (14.) "Imprisonment" means imprisonment of either description, as defined in the Indian Penal Code: (15.) "Month" means calendar month: (16.) "Will" means will, codicil, or other testamentary instrument: (17.) "Person" includes Corporation. (18.) Words importing the plural or the singular may be construed as referring to one person or thing, or to more than one person or thing, and words importing the masculine as referring to females (as the case may require). 4. (1.) This Order shall be published in the "Gazette of India," within such time after the passing thereof as the Secretary of State may prescribe, and shall come into force on such day (hereinafter called the commencement of this Order), within six months after that publication, as the Governor-General of India in Council may, by notification in the said Gazette, appoint in this behalf. (2.) But any appointment under this Order may be made at time after its passing, and no proof shall, in any proceedings, be required of any of the matters prescribed by this Article. any PART II.-Application and Effect of Order. 5. (1.) This Order applies to (i.) British subjects being within the Persian coast and islands, whether resident or not: and (ii.) British ships being within the Persian coast and islands; (iii.) Persian subjects and foreigners, in the cases and according to the conditions in this Order specified, but not otherwise. (2.) Such of the provisions of this Order as refer to British subjects, or to British subjects only, extend to British-protected persons in so far as by Treaty, grant, usage, sufferance, or other lawful means, Her Majesty has jurisdiction within the Persian coast and islands in relation to such persons. 6. All Her Majesty's jurisdiction, exercisable within the Persian coast and islands, under the Foreign Jurisdiction Acts, for the hearing and determination of criminal or civil matters, or for the maintenance of order, or for the control or administration of persons or property, or in relation thereto, shall be exercised under and according to the provisions of this Order, so far as this Order extends and applies. PART III.-Application of certain Portions of the Law of British India. PART VII.-Persian and Foreign Subjects and Tribunals. 33. (1.) Every suit in which a British subject is a defendant, and a Persian subject is a plaintiff, shall within the Persian coast and islands be heard by a Court established under this Order. (2.) The High Court of Bombay shall not exercise jurisdiction in any such suit, but where a decree or order in any such suit has been passed by any Court subordinate to the ConsulGeneral, the Consul-General may call for the proceedings, and pass thereon such order as he may think fit, and any order so passed by him shall be final. 34. (1.) Where a foreigner desires to bring in a Court established under this Order a suit against a British subject, or a British subject desires to bring in such a Court a suit against a fereigner not being a subject of a Mahommedan Power, the Court shall entertain the same, and shall hear and determine it. (2.) Provided that the foreigner, if required by the Court, first obtains and files in the proper office of the Court the consent, in writing, of the competent authority (if any), on behalf of his own nation to his submitting, and that he does submit by writing, to the jurisdiction of the Court, and, if required by the Court, gives security to the satisfaction of the Court, and to such reasonable amount as the Court thinks fit, by deposit or otherwise, to pay fees, costs, and damages, and abide by, and perform, the decision to be given by the Court or on appeal. (3.) A cross-suit shall not be brought in the Court against a plaintiff, being a foreigner, who has submitted to the jurisdiction, by a defendant, without leave of the Court first obtained. (4.) The Court, before giving leave, may require proof from the defendant that his claim arises out of the matter in dispute, and that there is reasonable ground for it, and that it is not made for vexation or delay. (5.) Nothing in this Article shall prevent the defendant from bringing in the Court against the foreigner, after the termination of the suit in which the foreigner is plaintiff, any suit which the defendant might have brought in the Court against the foreigner if no provision restraining cross-suits had been inserted in this Order. (6.) Where a foreigner obtains, in a Court established under this Order, a decree or order against a defendant, being a British subject, and in another suit that defendant is plaintiff and the foreigner is defendant, the Court may, if it thinks fit, on the application of the British subject, stay the enforcement of the decree or order pending that other suit, and may set off any amount decreed or ordered to be paid by one party in one suit against any amount decreed or ordered to be paid by the other party in the other suit. (7.) Where a plaintiff, being a foreigner, obtains a decree or order, in a Court established under this Order, against two or more defendants, being British subjects, jointly, and in another suit one of them is a plaintiff and the foreigner is defendant, the Court may, if it thinks fit, on the application of the British subjects, stay the enforcement of the decree or order pending that other suit, and may set off any amount decreed or ordered to be paid by one party in one suit against any amount decreed or ordered to be paid by the other party in the other suit, without prejudice to the right of the British subject to obtain contribution from his co-defendants under the joint liability. (8.) Where a foreigner is co-plaintiff in a suit with a British subject who is within the Persian coast and islands, it shall not be necessary for the foreigner to give security under this Article as regards fees and costs, unless the Court so directs; but the co-plaintiff British subject shall be responsible for all fees and costs. 35.-(1.) Where it is proved that the attendance of a British subject to give evidence, or for any other purpose connected with the administration of justice, is required before a Persian or foreign Court, the Consul-General may, if he thinks fit, in a case and in circumstances in which he would, if acting in his judicial capacity, require the attendance of that person before himself, order that he do attend as required. (2.) If the person ordered to attend, having reasonable notice of the time and place at which he is required to attend, fails to attend accordingly and does not satisfactorily excuse his failure, he shall, independently of any other liability, be liable to be punished with imprisonment for a term which may |