ART. VIII. Every trader and merchant who shall appear insolvent shall make affidavit that he has not secreted any of his property, and shall establish (prove) his insolvency; so, also, his partners and agents shall take oath that they have not secreted any of his property. ART. IX. Such bankrupt shall not be at liberty until he shall have afforded bail for his appearance, and the magistrate shall distrain the effects of the bankrupt, and those of his children and women; but in the event of its being proved that he has become owner of such property subsequent to his insolvency, whatever belonging to his relatives, and in which the bankrupt has no concern whatever, which has reached them as inheritance, or as the product of a separate trade or profession, or which has passed away to the husband as the dowries of the daughters, shall be free from distraint. ART. X. If the bankruptcy has been caused by accidental fire or shipwreck, proven, or by robbery by enemies, then in that case bail shall not be required. ART. XI. The punishment of the fraudulent bankrupt shall be the same as that (laid down) for the thief and liar, and the authority to mitigate punishment in certain exceptions shall rest with the King only. The fraudulent bankrupt shall be imprisoned during the period of investigation, and shall not (be permitted) to hold communication with any one, even his own governors. All his property shall be distrained, and he may not a second time engage in trade, nor be (a Mabashir Kar) an agent in business. Similar punishment shall be inflicted upon his accomplices and those persons who may have secreted his property. ART. XII. Agreements entered into by an insolvent after his insolvency has appeared and been proven shall be null and void; and, in like manner, all deeds of gift drawn out after his insolvency shall be null and void. ART. XIII. The division of the property of a bankrupt among his creditors shall take place after the lapse of four months. If the effects of the bankrupt are of a kind (liable) to be speedily injured or destroyed, such as cattle, articles of food, &c., they shall, without delay, be turned into money. Merchandize which, after the publication of his insolvency, may be sent to the bankrupt, shall be distrained in the Custom House and sent to the Dewan Khaneh, and, in like manner, letters of whatever kind to the address of the bankrupt, indicative of absence of the truth of his insolvency, shall be taken to the Dewan Khaneh. ART. XIV. The bankrupt not having satisfied all claims against him shall still be considered a debtor. His creditors shall, of their own accord, allow him time on account of the remainder of their claims, and in the interim whatever he may obtain or become heir to shall be given up in payment of his debts. ART. XV. Should there be any discrepancy between the entry in the duftur and the bond itself, and the Dewan Khaneh have erroneously made the registry, it (the Dewan Khaneh) shall make good the debts of the insolvent. ART. XVI. Those reckoned fraudulent bankrupts are of the following description:-1st, those who cannot establish their insolvency nor give a public account of the money and effects they have received from others; 2nd, those who, whether secretly or openly, convey merchandize to their homes; 3rd, those who, aware of their insolvency, shall, after the same having become apparent, make gifts with a view to securing to themselves (lit., eating up) the property of their creditors; 4th, those who shall again sell or give in pledge immoveable property already sold to or in pledge with others; 5th, those مال وقف) who shall sell or give in pledge religious endowments ART. XVII. His Majesty the King has abolished all places of asylum in the homes of individuals, except in certain mosques and sanctified places, such as the houses of well known (Oolumas) priests and the King's palaces, which, from olden time, have been places of refuge; and has commanded that none of the subjects of this Government (the Persian) shall admit into their houses delinquents, such as thieves, bankrupts, and others. Whoever shall disobey these royal orders shall subject himself to punishment. ART. XVIII. Since, for the transaction of mercantile affairs, a (Mullick-oot-Tijjar), or Chief of merchants, is in every place necessary, accordingly the Ministers of the Persian Government will appoint a Mullick-oot-Tijjar in every place in Persia where extended commerce is carried on; and moreover, when the business of British merchants shall be transacted in the Dewan Khaneh, it (the Dewan Khaneh) shall arrange and settle the same in the presence of a delegate from the Mission or Consulate; and so, in like manner, the distraint of the property of a bankrupt or of the effects of a deceased debtor, in cases connected with foreign subjects, shall be made in the presence of a delegate from the British Authorities. The British Agents shall demand (the amount of) the claims of (due to the) bankrupts from his debtors, being natives of the country, in the same manner as if the debtors were themselves subjects of the British Government. Reverting to Article V, treating of immoveable property. In Persia there are three descriptions of persons holding villages: 1st, the King; 2nd, the landed proprietor (malik); 3rd, the inhabitants. Should the malik (desire to) place his village in pledge, he shall, in order to obviate discussion, first obtain the permission of the King's Government and of the inhabitants. It is necessary that the high in rank before-mentioned should make known and publish the above-written details in the Dewan Khanehs of the province of Yezd according to these instructions, and strictly warn the authorities and executives of the Dewan Khanehs of the province alluded to, to act up to the : commands conveyed in this august document, nor in any way swerve from or disobey them. Let them consider the same their bounden duty. Written in the month of Jemmadee-ool-Awul, in the year of the Hegira 1260. May (June), 1844. FIRMA UN issued by the Shah to Hajee Meerza Aghassee prohibiting the Importation of Negro Slaves into Persia by Sea.12th June, 1848.* (Translation.) YOUR EXCELLENCY THE HAJEE, 12th June, 1848 (10 Rejjeb, 1264). LET them not bring any negroes by sea; let them be brought by land. Purely for the sake of Farrant Sahib [LieutenantColonel Farrant], with whom I am much pleased, I have consented to this. On this subject write to the Governors of Fars and Arabia [Persian Arabia]. Solely on account of the goodness of Farrant I have consented, otherwise some trifling discussions still exist between us and the English Government. H.E. Hajee Meerza Aghassee. THE SHAH. FIRMAUN issued by the Shah to the Governor of Fars, prohibiting the Importation of Slaves into Persia by Sea.—12th June, 1848.† (Translation.) To the high in rank, the pillar of nobility, Hoossein Khan, the Comptroller of State Affairs and Governor of Fars, who has been exalted and supported by the distinguished favours of His Majesty the Shah, &c., be it known, that it is a long time since a request for the abolition of the importation of negroes by sea has been made on the part of the Ministers of the British Government to the Ministers and authorities of this kingdom. But their request during this long period has not met with an answer or our consent. But in consequence of the favour entertained by our august Sovereign towards the high in rank, the sincere well-wisher of the State, the chosen among Christian nobles, &c., Colonel Farrant, Chargé d'Affaires of the English Government, on account of the respectful conduct and manner of proceeding which he has made manifest, and purely for the regard we entertain *From "State Papers," Vol. 37, page 465. for him, we have accepted and complied with his request. We have ordained that hereafter that high in rank shall warn all merchants and persons passing to and fro, to discontinue to bring negroes by sea alone, and that they shall not export or import negroes except by land, which is by no means forbidden. That high in rank will be held responsible for the fulfilment of the orders contained in this communication. Written in the month of Rejjeb, 1264. 12th June, 1848. THE SHAH. FIRMA UN issued by the Shah to the Governor of Ispahan and Persian Arabia, prohibiting the Importation of Slaves into Persia by Sea.-June, 1848.* (Translation.) To the high in rank, the superior of Generals, the esteemed of the Sovereign, Meerza Nebbee Khan, chief of the Civil Law Court, and Governor of Ispahan, who has been honoured by the favour of the pure mind of the King of Kings. Be it known, that at this time the high in rank, the noble and exalted, possessed of dignity, the pillar of the Christian nobles, the cream of the great men of Christendom, the undoubted well-wisher of the State, Colonel Farrant, Chargé d'Affaires of the exalted Government of England, who enjoys the unbounded favour of His Majesty the Shah, whose resplendent mind is desirous to gratify him, having made a friendly request on the part of the Ministers of his exalted Government to the Ministers of His Majesty the Shah, that with a view to preserve the existing friendship between the two exalted States, a decree should be issued from the source of magnificence, the Shah, that hereafter the importation of the Negro tribes by sea should be forbidden, and this traffic be abolished. In consequence of this, it is ordered and ordained that, that high in rank, after perusing this Firman, which is equal to a decree of fate, will feel it incumbent on him to issue positive and strict injunctions to the whole of the dealers in slaves who trade by sea, that henceforth by sea alone the importation and exportation of negroes into the Persian dominions is entirely forbidden, but not by land. Not a single individual will be permitted to bring negroes by sea without being subjected to severe punishment. That high in rank must in this matter give peremptory orders. throughout his government, and not be remiss. Written in the month of Rejjeb, 1264. June, 1848. THE SHAH. From "State Papers," Vol. 37, page 467. ORDER prohibiting the trade in Black Slaves and Slave-Girls by Sea.-July, 1848.* The Governor of Fars, to the Governor of Bushire. (Translation.) THIS high order has been issued, that the high in rank, Sheik Nasir Khan, Governor of the port of Bushire, may know that since, in conformity with His Majesty's imperative Firman, it has been determined and commanded in this prosperous year, Buch Eel, and thereafter, the merchants, subjects of this high and everlasting State, shall relinquish the trade in the black slaves and slave-girls, by sea and by the ports of Fars. Any merchant desiring to prosecute the traffic in black slave-girls and slaves, is free and at liberty to do so by land, from whatever quarter it may be; it is not forbidden; but by way of the sea, to embark them in vessels, they must entirely relinquish it, and not engage in this traffic. If after perusing this order any one of the merchants or others bring slaves and slave-girls by sea, he will render himself liable to punishment. That high in rank must advise and warn all the merchants and tradespeople residing at that port, that, in consideration of the concord between the two exalted States, the vessels of the British have been permitted by the Ministers of this conquering State to prevent the propagation of this trade by sea. Assuredly that high in rank will not in any way deviate from the course now laid down. Sheik Nasir Khan. HOOSSEIN KHAN. PROCLAMATION of the Shah of Persia respecting the Protection of the Lives and Properties of Persian Subjects.—Tehran, 26th May, 1888.† (Translation.) Official Government Proclamation. THE Great and Most High God having made our holy person the source of justice and benevolence, and the executor of his command and power, and having especially entrusted the protection of the lives and property of the subjects of the united countries of Persia into our well-skilled hands, in thanksgiving for this great bounty, we consider it incumbent on us in the execution of this trust not to draw back from or evade the distribution of justice and the protection of the lives and property of the people of this country from the encroachment of oppressors, and (we consider it incumbent upon us) to so * From "State Papers," Vol. 37, page 469. + Laid before Parliament in "Persia, No. 2 (1888)." |