‘Consular jurisdiction in Persia.’ [‎13v] (26/36)

Colonel Prideaux's opinion, is because the Resident lias always acted in
the spirit of an arbitrator, rather than of a judge. " Execution seems
" never to have been levied either on person or property in satisfaction
" of a decree, whilst conciliation has been pushed to its utmost length
" under the impression which has prevailed for many years that the
" E-esident has no power to enforce his orders in these cases."
As regards criminal cases Colonel Prideaux writes as follows:—
I cannot find recorded any criminal proceedings of at all a serious nature against an
European British subject. The Government of India has no power to legislate for European
British subjects in Persia, and it would seem to follow that the Resident, who is appointed
by the Government oflndia, and holds no commission from the Queen, is equally devoid of
jurisdiction. At any rate, the Residency An office of the East India Company and, later, of the British Raj, established in the provinces and regions considered part of, or under the influence of, British India. can adduce no precedents on which to establish
usage. The status of European subjects constitutes a real difficulty, and unless there is
an English statute corresponding with the repealed Indian Act I. of 1849, there seems
no via media between allowing an Englishman accused of a serious offence to go scot-free,
or waiving our extra-territorial jurisdiction in his case and handing him over to the local
authorities for trial. If the Resident cannot deal with the case himself, he certainly has
not at present power to remit it to a British tribunal under section 4 of the Foreign
Jurisdiction Act.
This difficulty does not exist in the case of British Indian subjects. Under Act I. of
1849, all native subjects of the British Government committing criminal offences beyond the
limits of the British provinces were amenable to the law for all such offences as if they had
been committed within the British territories. * * * * Act I. of 1849
was repealed by Act XI. of 1872 (The Foreign Jurisdiction and Extradition Act, 1872),
and in exercise of the powers conferred by that Act, the Governor General in Council, by
a Notification No. 127.'5P., dated 18th June 1873, appointed the Resident in the Persian
Gulf to be a Justice of the Peace within the territories in whieh he was accredited as
representative of the British Government. The Resident enjoys, therefore, in respect to
the native Indian subjects of Her Majesty, all the powers conferred on Magistrates of the
first class who are Justices of the Peace and European British subjects, by any law for the
time being in force in British India relating to criminal procedure. The Governor General
in Council has also directed that committals in serious cases should be made to the High
Court of Bombay, and if this Residency An office of the East India Company and, later, of the British Raj, established in the provinces and regions considered part of, or under the influence of, British India. were only concerned with British Indian subjects,
nothing in regard to criminal procedure would be required beyond this Notification.
The preamble of the Indian Act XI. of 1872, quoted by Colonel
Prideaux, is based on the model of the English Foreign Jurisdiction Act.
The Act extends to the whole of British India, to all Native Indian subjects
of Her Majesty without and beyond the Indian territories under the
dominion of Her Majesty, and to all European British subjects within
the dominions of Princes and States in India in alliance with Her
Majesty. It does not, therefore, apply either to European British
subjects, or the subjects of Native States, resident outside India. The
clauses which relate to the powers of British Officers in places beyond
British India are the following :—
4. The Governor General in Council may exercise any power or jurisdiction which the
Governor General in Council now has, or may at
Exercise of powers of Governor General in au y t;i rae hereafter have, within any country or place
hereof* 6701 " 1 ^ delegatl0n beyond the limits of British India, and may dele
gate the same to any servant of the British Indian
Government, in such manner and to suclvextent as to the Governor General in Council from
time to time seems fit.
5. A notification in the " Gazette oflndia" of the exercise by the Governor General in
Council of any such power or jurisdiction, and of
Notification of^ensise or delegation of such the flelegat;on thereof by him to any person or
prnVLrs ' class of persons, and of the rules of procedure or
other conditions to which such persons are to conform, and of the local area within which
their powers are to be exercised, shall be conclusive proof in any Court of the truth of the
matters stated in the notification.
6. The Governor General in Council may appoint any European British subject, either
. . . . by name or by virtue of his office, in any such
Appointment, peers, and jnnsd.ction of „ )UIl| , , 0 ) x . J ust i ce 0 f the Pence ; and
C" of""- every such .Testiee of the Pence shall have all the
powers conferred on Magistrates of the first class who are Justices of the Peace and
European British subjects, by any law for the time being in force in British India relating
to Criminal Procedure. The Governor General in Council may direct to what Court having
jurisdiction over European British subjects any such Justice of the Peace is to commit for
trial.
4. All Political Agents and all Justices of the Peace heretofore appointed by the Governor
„ „ . „ . . General in Council, or the Governor in Council of
and jSef ° tiie Residency An office of the East India Company and, later, of the British Raj, established in the provinces and regions considered part of, or under the influence of, British India. of Fort St, George or Bombay, in
any such country or place as aforesaid, shall be