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'File A/9 I Bahrain Order in Council' [‎105v] (229/536)

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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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8
punishable with imprisonment for a term which may extend to two montlis, or witli
a fine which may extend to 1,000 rupees Indian silver coin also widely used in the Persian Gulf. , or with both.
29 _(l.) If any person to whom this Order applies—
(i.) Publicly derides, mocks, or insults any religion established or observed
within the limits of this Order; or
(ii.) Publicly offers insult to any religious sernce, feast, or ceremony established
or kept in any place within those limits, or to any place of worship, tomb, or
saTictuary belonging to any religion established or observed within those limits, or
belonging to the Ministers or professors thereof ; or
(iii.) Publicly and wilfully commits any act tending to biing any religion
established or observed within those limits, or its ceremonies, mode of worship, or
observances, into hatred, ridicule, or contempt, and thereby to provoke a breach of the
public peace ;
he shall be guilty of an offence, and on conviction thereof, liable to imprisonment
which may extend to two years, with or without a fine not exceeding 500 rupees Indian silver coin also widely used in the Persian Gulf. , or to
a fine alone not pxceeciing 500 rupees Indian silver coin also widely used in the Persian Gulf. .
(2.) 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. shall take such precautionary measures as seem to him
proper and expedient for the prevention of such offences.
30. Any person being within the limits of this Order may be proceeded against,
tried, and punished under this Order for piracy wherever committed.
31. If any person, subject to this Order, violates, or fails to observe within the
limits ot this Order, any stipulation of any Treaty between His Majesty, his prede
cessors, heirs, or successors, and the Sheikh of Bahrein for the time beinsj in force,
and applicable to such person, in respect of the violation whereof any penalty is
stipulated for in the Ireaty, he shall be deemed guilty of an offence, and on conviction
thereof under this Order shall be liable to a penalty in accordance with the stipulations
of the Treaty, or the provisions of this Order.
o2. 1 he Foreign Jurisdiction Neutrality Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , 1904, shall apply to
all persons and to all property subject to this' Order.
33. T\ here a person entitled to appeal to the Chief Court from any judgment or
oider passed in the exercise of criminal jurisdiction under this Order desires so to
appeal, lie shall present his petition of appeal to the Court which passed the judgment i. .
oi oider , and the petition shall with all practicable speed be transmitted to the Chief |. :
Lomt with certified copies of the charge (if any) and proceedings of all documentary
evidence admitted or tendered, of the depositions, of the notes of the oral testimony,
anc o the judgment or order, and any argument on the petition of appeal that the
appellant desires to submit to the Chief Court.
34. Tiie Court against whose judgment or order the appeal is preferred may
postpone the execution of the sentence pending the appeal, and shall, if necessary,
commit t e person convicted to prison for safe custodv, or detain him in prison for safe
cu^ o ^, oi s a admit him to bail, and may take security, bv recognisance, deposit
ot money, or otherwise, for his payment of any fine. ' 1
Part IV.— Civil.
anH flfo'T/Jo ? u , b J ect t0 tlle otber provisions of this Order, the Code of Civil Procedure
insolvpnov nnrl ^ ^ enactmei J- ts ' relating to the administration of Civil justice and to ^
Presidenov of Pn^ 1 ] s l m . .^ aye effect as if Bahrein were a district in the ^ %
and his Court slmll ^ i 1 10 0 ^ ltlca ^ -^gent shall be deemed to be the District Judge,
JurisclL^io^iri thp "H? District or Principal Civil Court of Original
deemed to bp an ArMV C 'i tv u . c ^ Assistant to the Political Kesident shall be
Set Court ofot Tn 1 Jud = e ' aild his Court shall be an Additional
be deemed to be thf h Junction; the Court of the Political Kesident shall
authorised to hear armpal" f! +1 9 01 ^ Appeal for the District, and the Court
both of thp Tnvp n S 10m . ^e decisions of the District Court; and the powers,
enactments s^Jl^ be'exwe^Sle' bv^?l UnC S ^ ^ Loeal ^rnment, ^ Ao *
subsequent assent, W the GovLoV-GeLraTSifin C^el ^ ^ ^
matters mav^i"" , ex ':'' cls ? bl 1 (i by the Chief Court under this Order in civil
Order or elsewhere " ^ e Judge of that Court, either within the limits of this
36. A\ hen a suit between persons to whom this Order applies is filed in the

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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' [‎105v] (229/536), British Library: India Office Records and Private Papers, IOR/R/15/2/6, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100023489038.0x00001e> [accessed 24 April 2024]

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