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'P. 3 733/1904. Muscat :- Commercial Treaties.' [‎242r] (69/286)

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The record is made up of 1 item (141 folios). It was created in 8 Feb 1903-23 Mar 1914. It was written in English and French. The original is part of the British Library: India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. Records and Private Papers Documents collected in a private capacity. .

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Note (1). No difficulty anticipated in inserting
the words “or his representative ”
(2) thoroughly objectionable, would ooly be
made applicable to genuine Maskat subjeets, who
declared themselves to be such at the time of their
engagement, and the enquiry in such a case would
he by His Hritannic Majesty's Consular Court, as
a British subject wonl be def endant.
(3) ambiguous and unnecessary.
(4) obiectionable, alludes to His Highness, vide
Note (l)to Article VIII.
(5) this is not understood and in any ease is
badly drafted as it does not state clearly, though
it may mean “ take refuge on board a British ship
or in British territory.’
Verbal discussion with His Highness might
make this clear, but, in any case, I doubt if a
British Court, could accept the startling attempt of
the last clause to do away with the effects of the
carelessness of the Maskat captain in not drawing
up a proper written engagement with his crew .
Article. XIII.
British subjects shall, as regards their person
and property enjoy, within the dominions of His
Highness the Sultan, the rights of exterritoriality.
And, as a result of that, the authorities of His
Highness the Sultan shall have no right to interfere
in disputes with British subjects amongst them
selves, or between them and members of other
Christian nations; such questions, whether of a
civil or criminal nature, shall be decided by the
authorities of the British (1) Consulate. Except
should there arise among them sedi tion from which
injur y may be feared for others and there shall not
be near at h and a British authority, then the
authorities of His Highness the Sultan shall
interfere i n the pacifying of that sedition for the
removal of that injury (2).
And (3) the punishment of all offences and
crimes of which British subjects may be accused
within the dominions of His Highness the Sultan,
and also the hearing and settlement of all civil
questions, claims or dispute s between British sub -
jects defandents, (4) is a right reserved to tue
Consular authorities and their Courts and remov
ed from the jurisdiction of His Highness.
The proceedings and final decision in such claims ,
should the plaintiff be one of the subjects of His
Majesty the Sultan shall not be considered legal,
esce pFthat they notify~~His M aje sty or his naib
that they may be informed as to the case and the
fixing 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),

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Content

The item discusses a proposal to revise the Treaty of Friendship, Commerce and Navigation signed between Great Britain and Muscat in 1892.

The correspondence includes the opinions of the India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. , the Government of India, the Foreign Office, the Colonial Office, the Board of Trade, the Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. , the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. and Consul at Muscat, and the Sultan of Muscat on the revisions required for the treaty.

The item concludes with the decision not to revise the 1891 Treaty, instead agreeing to an extension of the existing treaty for a further five years from February 1914.

Also discussed are questions arising from the proposed revision:

  • the protection of Goanese subjects of Portugal in Muscat;
  • the protection extended by the French Government to subjects of Christian powers residing at Muscat who did not have their own consul.

This is part 3 of 6. Each part includes a divider which gives the subject and part numbers, year the subject file was opened, subject heading, and list of correspondence references contained in that part by year. This is placed at the back of the correspondence.

Extent and format
1 item (141 folios)
Physical characteristics

Foliation: the foliation sequence for this description commences at f 208, and terminates at f 349, as part of a larger physical volume; these numbers are written in pencil, are circled, and are located in the top right corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. side of each folio.

Written in
English and French in Latin script
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'P. 3 733/1904. Muscat :- Commercial Treaties.' [‎242r] (69/286), British Library: India Office Records and Private Papers, IOR/L/PS/10/27/1, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100025795821.0x00005b> [accessed 2 May 2024]

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