"الملف 35/86 I A 32 معاهدة مسقط التجارية، ١٨٩١: مراجعة سنة ١٩٠٥" [و‎‎١‎٣‎٠] (٤٨٠/٢٦٣)

11
Note (1). No difficulty anticipated in inserting
the words ' f or his rep^esentative.' ,
(2) thorou ghly objectionable, would oply be
made applicable to genuine Maskat subjects, who
declare d themselves to be such at the time of their
engagement, and the enquiry in such a case would
be by His Britannic Majesty's Consular Court, as
a British subject woul be defendant.
(3) arabigjuous and unnecessary.
(4) objectionable, alludes to His Highness, vide
Note ( 1) to Article VIII .
(5) t his is not understood and in any case is
badl y drafted as it does not state clearly, though
it may mean ^ take refuge op board a British ship
or in British territory.
Verbal discussion with His Highness might
ma ke this clear, but, in any case, I doubt it a
British Courti could accept the startling attempt of
th e 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 ciitninal nature, shall be decided by the
authorities of the British (1) Consulate. EKcept
should there arise among them sedition from which
injury may be feared for others and thpre shall not
be near at hand a British authority, then the
authorities of His Highness the Sultan shall
i nterfere in the pacifying ot that sedition tor 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 disputes between British sub ,
jects defandents, (4) is a right reserved to tae
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 co nside red legal,
except that they notify His Majesty or his naib
that they may be informed as to the case and the
fixing ot the orde r 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),