"جزء ٣. رقم ٧٣٣ لسنة ١٩٠٤. مسقط:- المعاهدات التجارية." [و‎‎٢‎٥‎٥] (٢٨٦/٩٥)

12
The proceedings and final decision in such claims
should the plaintiff be one of the subjects of His
Maj esty the Sultan shall not be considered legal,
except ttiat they notify His Majesty or his naib
^at they may be informed as to the case and the
fixin g of the order therein (5).
Should disputes arise between subjects of His
Highness or of any non*Christian Power not re
presented by a Consul at Maskat, and a British
subject in which the British subject is the plaintiff
or complainant, the matter shall be brought before
and decided by the highest authority of the Sultan
or some person, specially delegated by him/(6).
The proceedings and final decision in such a case
shall not, however, be considered legal, unless
notice has been given and an opportunity afforded
for the British Consul or his substitute to attend
at the hearing and final decision.
Notes. (1) an o bviou s blunder , but only re
quires to be pointed out to be corrected.
(2) I am inclined to think that this should not
be entered in the treaty. Such a case mu st be
extremely rare and action by the local authorities
could only be called for in some grave emergency,
when i have no doubt the local officials could be
trusted to take immediate steps. If they really con
fined the action proposed to friendly intervention
in quarrels for the best interests of all, when no
British authority could intervene, they might be
confident tbat the British Government or officials
would not complain of their conduct, and it would
do no harm that they should know that their con
duct was likely to be subject to careful scrutiny.
(3) slip of the pen probably, but must be correc
ted.
(4) bad Arabic drafting but meaning clear and
in accordance with Treaty requirements. Easily
corrected.
(5) unnecessary ; such cases are never taken up
exce pt at the instance ot His Highness, who could
kee p himself well informed of all that goes on in
our Courts, where proceedings and final order ar e
public. Objectionable only in so far as it means
an increase in office work, which could hardly be
dealt with b y present vernacular staff, consisting
of one man whose time is fully occupied.
Interpolation must be due entirely to “ amour
propre ” and, if the concession were granted, it is
extremely doubtful, if advantage would be taken
o f it. In Bahrain, where a similar privile ge of
joint sess io n and attendance is permitted, my ex
perience led me to the conclusion tbat attendance
was regarded as a wearisome corvee. Such official s
as His Hig hness could produce would understand
l ittle of ou r procedure and know perfectly well that
justice is impartial and that, in ninety-nine cases
out of a hundred, there is nothing to complain of.
(6) The omission is important and must be
op posed. I understand that Consul seldom ob jects
but think he should have the power to do so in the
case of a notoriously corrupt or incompetent judge.
matter shall be brought before and decided by
the highest authority of the Sultan, or some
person specially delegated by him for this purpose.
The proceedings and final decision in such a case
shall not, however, be considered legel unless
notice has been given and an opportunity afforded
for the British Consul or his substitute to attend
at the hearing and final decision.
l.C.