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‘Consular jurisdiction in Persia.’ [‎6r] (11/36)

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The record is made up of 18 folios. It was created in 14 Feb 1877. 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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11
which British natives of India are alone concerned. Such cases might be better adjudicated
by the Resident at Bushire in accordance with British Indian law, with appeal to Bombay.
It would be necessary, therefore, to confer Consular and Vice-Consular Commissions on
Her Majesty's Resident and on the Assistant Residents in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. , and also to
attach to Her Majesty's Legation at Tehran a Legal Consul. A well-selected officer for this
appointment avou UI be indispensable to advise Her Majesty's Minister and Consul-General iu
deciding cases which could not be satisfactorily settled by the Consular Courts in the pro
vinces. He might also be very usefully employed iu occasionally visiting, when necessary,
the towns in which native mission Agents reside, such as Meshed, Astrabad, Kermanshah,
Hamadan, Ispahan, and Shiran.
I think that the Turkish Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. would form a suitable basis for the Order in
Council proposed for Persia, having in view, however, the limited number of British subjects
residing in Persia.
For this reason I would not contemplate, at present, the appointment of a Judge, which
would necessitate an expensive establishment. As I have above suggested, it would suffice
to attach to this Legation a Legal Consular Officer.
I beg to express my entire concurrence in the remarks contained in paragraphs 40 and 41
of the Report drawn up by Sir Philip Francis and Sir Arnold Kemball, as to the advantages
to be derived from the establishment of Mixed Tribunals for the adjudication of cases in
which British subjects are plaintiffs and Persian, or other foreigners, defendants.
I am of opinion that great inconvenience would arise if an Appellate Court were esta
blished at Bushire, as I feel assured that the Persian Government would not consent to cases
referred to the capital being decided on appeal in a provincial town.
Two points may be noted in regard to Mr. Thomson's despatch: (1)
he was entirely silent as to the existing usage in criminal cases; (2) he
proposed practically the establishment of different systems for the interior
of Persia, and for the littoral of the Gulf,—for the former, English law
with appeal to Teheran,—for the latter Indian law with appeal to
Eombay. The despatch was referred both to Sir A. Kemball and Sir P.
Prancis. Sir A. Kemball* observed that
i*^ etter to Foreign Office, 16th March ^| ie v j ews 0 f ]yj; r> Thomson, in regard to
the jurisdiction over British subjects
seemed to dispense with the necessity of any reference to the Persian
Government, and if approved by Her Majesty's Government would admit
of the preparation of the proposed Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. for Persia without
further delay. This Order, being based on the Turkish Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. ,
would contain nothing to debar us either from using existing privileges,
or from participating under the most favoured nation clause in any pri
vileges that might be conceded to other Foreign Powers in that country.
Its effect would be merely to validate the acts of Consular Officers in
the exercise of a jurisdiction already pertaining by Treaty to Her
Majesty. But with reference to cases between Foreign and Persian
subjects, in which a certain jurisdiction though barred by Treaty had
been acquired by usage, the difficulties were considerable. The jurisdic
tion of Mixed Tribunals could not be limited to cases in which British
subjects might be plaintiffs, and Persians, or other Foreigners, defen
dants ; " so one-sided a condition would hardly be acceptable to Persia
or to other Foreign States ; the Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , moreover, could not
influence the establishment of Mixed Tribunals. These Tribunals must
be initiated by the Persian Government, with due notice given to, if not
with the concert and consent of, the principal European Powers having
Treaty relations with Persia.
Sir P. Francis expressed his views on Mr. Thomson's suggestions
at considerable length.* Some of his
L \ ett ^ iH°4 I oieiSn 0niCC ' Jat( d rema rks are much to the point, and
P must be quoted. As regards " usage "
he thus wrote :—
Mr. Thomson, in explaining what is the course of litigious procedure according to the
present practice in Persia, where Eurepeans appear as parties, points out that the practice
is based upon " usage," and not on the stipulations of treaties. According to his statement,
the principles in force for the selection of tribunals for suits where foreigners and natives
of Persia are parties, present striking anomalies.
The application of the rule with which one is familiar in Turkey of actor scquitur forum
rei is an evil which is only tolerated in that country because, unfortunately, no better rule or
compromise has hitherto been found.
In Persia it seems that the same rule is sought to be followed, but upon it is fastened the
additional disadvantage of there being, in truth, no "forum."

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Content

Report written by Adolphus Warburton Moore, Assistant Secretary in the Political Secret Department 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. , and dated 14 February 1877. The report, which deals with the question of British consular jurisdiction in Persia and the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. , was written in order to close a matter that had been the subject of correspondence for over ten years. The report is a narrative of Government of India correspondence dating from 1866 to 1876 on the subject, and covers matters such as: questions over the extent of the territory over which jurisdiction may be exercised; the extent of jurisdictive powers held by 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. , his Assistant, and other officials; implementation of jurisdictive powers; tribunals; legal procedure; civil and criminal law; the slave trade. An appendix to the report (folios 17-18) contains extracts from treatises (most in French) held between Persia and Great Britain (dated 4 March 1857), Persia and Russia (22 February 1828), and Persia and Germany (21 June 1873).

Extent and format
18 folios
Arrangement

A single report, followed by a single appendix.

Physical characteristics

Foliation: The foliation sequence commences at the front cover, and terminates at the inside back cover, 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. Pagination: The volume also contains an original printed pagination sequence.

Written in
English and French in Latin script
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‘Consular jurisdiction in Persia.’ [‎6r] (11/36), British Library: India Office Records and Private Papers, IOR/L/PS/18/B15, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100023442625.0x00000c> [accessed 28 March 2024]

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