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'File A/9 I Bahrain Order in Council' [‎102v] (223/536)

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The record is made up of 1 volume (258 folios). It was created in 2 Dec 1895-31 Oct 1918. It was written in English and Arabic. 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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JLi (irons:
"Mailis-el-TJrf" means a Civil Court composed of not less than four memta^-
selected by 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. in concert with the Sheikh of Ba rem B ^
" Salifah Court" means a Court consisting of one or more Judges who have
knowledge of the local diving and customary marine law, and are appointed by the ^ j t
Sheikh of Bahrein and 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. in concert.
" Kazi" means any official Kazi appointed by the Sheikh of Bahrein and accepted
by 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. . ^ , _ , . . 31
" Porein-ner " means any person not a British or Bahrein subject. , ■ hsjier
" Imprisonment" means imprisonment of either description as defined in the c jjr.oi
Indian Penal Code. ^ ^
" Month " means calendar month. . ■ W sllS
" Oath " or " Affidavit " includes affirmation or declaration. Miiects a:
" Olfence " means any act or omission made punishable by any law for the timel'ioftfc 1
being in force,
ie Person" includes corporation. _ >
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. " means His Majesty's Agent at Bahrein appointed by the propi
Governor-General of India in Council, including a person acting temporarily with the ■yts of
approval of the Governor -General of India in Council for such 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. . ^jer
{ 'Political Agency An office of the East India Company and, later, of the British Raj, headed by an agent. " means the office, residence, Court, or other appointed place .^ oa tt
of business of 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. .
" 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. " means His Majesty's 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. , m
including a person acting temporarily with the approval of the Governor-General of
India in Council for such Political llesident.
" Rules of Court" means rules of Court made under the provisions of this lt | ieexe
Order.
Secretary of State " means one of His Majesty's Principal Secretaries of State, pis ][
" Sheikh of Bahrein" means the ruling Sheikh of Bahrein, or his duly accreditedtaidde
representative for the time being. _ pfor till
"Ship" includes any vessel used in navigation, however propelled, with herkl^j
tackle, furniture, and apparel, and any boat or other craft. prexteo
"Treaty" includes any Capitulations, Convention, Agreement, or Arrangementj
made by or on behalf of His Majesty with any State or Government, King, Chief,jj a j
people, or tribe, or to the benefits of which His Majesty has succeeded, whether the
Sheikh of Bahrein is or is not a party thereto. ^^■J.trecour
" Will " means will, codicil, or other testamentary instrument. BWeijOr 1
■^Ordi
Expressions used in any enactments applied to Bahrein, or in any rules, regulations,
or orders made under this Order, shall, unless a contrary intention appears, have the
same respective meanings in this Order. .pill--,
5.—(1.) In this Order words importing the plural or the singular may he
construed as referring to one person or thing, or to more than one person or thing, ,4]^
and words importing the masculine as referring to the feminine, as the case may
require. • iisliall ) s{
(2.) Where this Order confers any power or imposes any duty, then, unless ^
contrary intention appears, the power may be exercised, and the duty shall be ^
performed from time to time as occasion requires. |
(3.) Where this Order confers a power, or imposes a duty on, or with respeet i^
to, a holder of an office, as such, then, unless a contrary intention appears,
power may be exercised and the duty shall be performed' by, or with respect tol^
the holder for the time being of the office or the person temporarily acting for the^,
holdei. ^ _ feaccowj
(4.) Where this Order confers a power to make any Rules^ Regulations,
Orders, the power shall, unless a contrary intention appears, be construed
including a power exercisable in the like manner and subject to the like consent . 1
and conditions, if any, to rescind, revoke, vary, or amend the Rules, Regulations, or ^
Orders. - i Jl , e
(5.) This Article shall apply to the construction of any Regulations, Rules, or
Orders made under this Order, unless a contrary intention appears. HVi^
6. Where this Order refers to any specified Act or Acts of Parliament, suc| J
reference shall, unless a contrary intention appears, be deemed to include any Act or
Acts amending or substituted for the same. f { t()
7. In the event of the death, incapacity, removal, or absence from Bahrein 0
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. for the time being, all and every the powers, authorities, 9^ .. on
immunities by this Order granted to him shall, until His Majesty's further pleasure ^

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Content

The volume’s correspondence and other papers concern the implementation of an Order of Council in Bahrain. The principal correspondents in the file are 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. and 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. in Bahrain, each post being held by a number of different representatives throughout the period covered by the volume.

The first item in the volume is a letter sent from Major Ramsay, British Consul-General in Baghdad, to Major Percy Cox, 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. , dated 9 March 1907. The letter concerns the jurisdiction in Bahrain over American citizens based at the American Missionary, particularly in relation to births, deaths and the disposal of estates (folio 1g). This enquiry was symptomatic of raised concerns over where jurisdiction lay in relation to the increasing number of foreign nationals in Bahrain. In a letter dated 6 April 1907 the Bahrain 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. , Captain Francis Prideaux, wrote to Cox, outlining the judiciary requirement he believed that he, as 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. , should have. These included the authority of a district magistrate in criminal matters, consular authority in notarial and shipping duties, and the power of vice-admiralty (folios 3-8).

Application was consequently made for an Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. in Bahrain, via Cox, in his capacity as 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. , to the Government of India, the Secretary of State for India, and the Foreign Secretary. In May 1909, John Morley, the Secretary of State for India, wrote to the Governor General of India, stating that, in light of increasing German activity in the Gulf, 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. in Bahrain was authorised to approach the ruler of Bahrain, Shaikh ‘Īsá bin ‘Alī Āl Khalīfah, with a view to him ceding responsibility for foreign nationals in his dominions to the British Government (folios 50-52). This responsibility was duly granted to the British (folios 63-64), though not, according to Captain Charles Mackenzie, then 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. in Bahrain, without some reluctance on the part of Shaikh ‘Īsá (folios 65-66).

Subsequent correspondence deals with some of the finer points of the wording of the Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , with particular attention being paid by officials to the status of foreign nationals in Bahrain, including their registration with the Political Agency An office of the East India Company and, later, of the British Raj, headed by an agent. , and the legal ability to deport them if necessary. A draft copy of the Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , dated, 1912, is included in the volume (folios 100-112). The unrest and disruption caused by the First World War in the Gulf, repeatedly delayed the introduction of the Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. . On 7 May 1917 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. Captain Percy Loch wrote to 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. , Major Arthur Trevor, suggesting that, in view of recent developments in the conflict in Europe, and the entry into the war of the United States of America, the present time might be a prudent one to implement the Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. . In his letter Loch described how Turkish withdrawal from the Gulf, the independence of Bin Saud [Ibn Sa‘ūd], and formal British relations with the Shaikh of Qatar, would impact upon the treatment of certain foreign nationals in Bahrain (folios 232-35). Trevor rejected Loch’s proposal, and in May 1918, the introduction of the Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. in Bahrain was postponed once more, until February 1919 (folio 248).

Amongst the discussions over Bahrain’s Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , the appointment of a judicial assistant for the Political Agency An office of the East India Company and, later, of the British Raj, headed by an agent. was discussed (folios 189-94, 243-44, 249-51), as was the existing khidmah system of revenue collection (a ten per cent judicial fee payable to the Sheikh of Bahrain's treasury). A Statement of khidmah for the years 1912 to 1916 is included on folio 227.

Extent and format
1 volume (258 folios)
Arrangement

The contents of the volume have been arranged in approximate chronological order, from the earliest items at the front of the volume, to the latest at the end.

Physical characteristics

Foliation: The volume is foliated from the front cover to the inside back cover, using blue pencil numbers located in the top-right corner of each recto The front of a sheet of paper or leaf, often abbreviated to 'r'. . A few folio numbers, chiefly at the front and end of the volume, are in black pencil. The following foliation anomalies occur: 1a-1g.

The following folios are fold-outs: 60, 226, 227.

Written in
English and Arabic in Latin and Arabic script
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'File A/9 I Bahrain Order in Council' [‎102v] (223/536), British Library: India Office Records and Private Papers, IOR/R/15/2/6, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100023489038.0x000018> [accessed 28 March 2024]

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