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'File A/9 I Bahrain Order in Council' [103r] (224/536)
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. .
Transcription
This transcription is created automatically. It may contain errors.
(1.) British subjects, as lierein defined, within the limits of this Order
^ (2.) Foreigners, with respect to whom the Sheikh of Bahrein has a'oreed with
His Majesty for, or consented to, the exercise of jurisdiction hy His Majesty
(3) Bahrein subjects registered in the Political
Agency
An office of the East India Company and, later, of the British Raj, headed by an agent.
as being in the regular
service of British subjects or foreigners; with the proviso that all cases wherein "such
I,,!,;Bahrein subjects are concerned shall be dealt with in accordance with- the provisions
of Part V of this Order.
(4.) Ihe expression peison to whom this Order applies " shall be construed in
Y : accordance with the above three sub-Articles.
)a J ( 5 ;) The property and all personal or proprietary rights and liabilities within
j^jthe said limits of British subjects and of foreigners within sub-Article (2) and
„■ of Bahrein subjects within sub-Article (3), whether such persons are themselves
" within or without the limits of this Order.
i p (H.) British ships and ships belonging to foreigners within sub-Article (2) with
^ their boats, and the persons and property on board thereof, or belonging thereto,
being within the limits of this Order; provided that jurisdiction over foreign ships
: slmll not be exercised, otherwise than according to the practice of the High Court in
England in the exercise of jurisdiction over foreign ships.
9. All His Majesty's jurisdiction exercisable within the limits of this Order for
Wthe hearing and determination of criminal and civil matters, or for the maintenance
of order, or for the control or administration of persons or property, or in relation
id 1 thereto, shall be exercised, under and according to the provisions of this Order, so far
as this Order extends and applies.
:iij 10. Nothing in this Order shall be deemed to relieve/officer or person in the
^service of His Majesty of the duty, as far as there is proper opportunity, of promoting
i,™ reconciliation and encouraging and facilitating the settlement in an amicable way,
and without recourse to litigation, of matters in difference between persons subject
to this Order, or between persons subject to this Order and persons who are not
subject to this Order, within the limits of this Order.
P aut II.— Application of Law of British India and of the United Kingdom.
/ D 5
tiSStSS* " G ~- G ~» 1 * wh »o.—. „„ tl „
5" 8. The powers conferred by this Order shall extend to the rersons and mattpvo
following, in so far as by Treaty, grant, usage, sufferance, or other lawful means
His Majesty has jurisdiction m relation to such persons, matters, and thines that is
to say:— s '
11.—(1.) Subject to the other provisions of this Order, and to any Treaties for
the time being in force relating to Bahrein, His Majesty s criminal and civil jurisdiction
in Bahrem shall, so far as circumstances admit, be exercised on the piincip es o , anc
■ hi conformity with, the enactments for the time being applicable as herematter
, mentioned of the Governor-General of India in Council, and of the Governor o
' Bombay in Council, and in accordance with the powers vested m, anc ic course o
p ,:; procedure and practice observed by and before, the Courts in . 10 TT . r ® sl p enc ^
of Bombay beyond the limits of the ordinary original jurisdiction o ic *
of Judicature at Bombay according to their respective jurisdiction and . authori ^ ' 1) a ^
;; so far as such enactments, powers? procedure, and practice are inapplicable, shall be
1 exercised in accordance with justice, equity, and good conscience.
. (2.) The enactments mentioned in the Schedule to this Order shall as fiom the
t commencement of this Order apply to all persons subject to tins Uraer
„ (3.) Any other existing or future enactments of the "
; CounciJ, or of the Governor of Bombay in Council, may be applied to Ba
king's Regulations under Article 78 of this Order. _ r.v Hnvpr-nor of
(4.) Any Act of the Governor-General of India m ^ ouncl ' i. c Order.
Bombay in Council, whether passed before or after the comme which annlies or
lending or substituted for any Act of either of those egis a . , ^ apply
® a y be applied to Bahrein, shall, subject to the provisions of this Article, i p }
^OThe Court may construe any enactments in fo^ in ^mn. ^
Provisions of this Article, with such alterations not " lg fV " ie r ™ 'f '
accessary or proper to adapt the same to the matter be ore
About this item
- 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 View the complete information for this record
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'File A/9 I Bahrain Order in Council' [103r] (224/536), British Library: India Office Records and Private Papers, IOR/R/15/2/6, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100023489038.0x000019> [accessed 25 April 2024]
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Copyright: How to use this content
- Reference
- IOR/R/15/2/6
- Title
- 'File A/9 I Bahrain Order in Council'
- Pages
- front, back, spine, edge, head, tail, front-i, 1ar:1gv, 2r:63r, 64r:125v, 126v:258v, back-i
- Author
- East India Company, the Board of Control, the India Office, or other British Government Department
- Usage terms
- Open Government Licence