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'File A/9 I Bahrain Order in Council' [‎106v] (231/536)

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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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10
District Court, and shall furnish to the Court all such information as the Court
requires, and shall conform to any direction of the Couit in relation to the custody,
disposal or transmission of the property or the proceeds thereof, and, in case of any
contravention of this Article, he shall be punished with fine, which may extend to
1 000 rupees Indian silver coin also widely used in the Persian Gulf. .
40 n\ When the peculiar circumstances of the case appear to the District
Court so to require, for reasons recorded in its proceedings, the Court may, if it
thinks fit, of its own motion or otherwise, grant letters of administration to an officer
of the Court. . . c i.1 ^ ,
(2.) The officer so appointed shall act under the direction ot the Court, and shall
be indemnified thereby. . _ i
(3.) He shall publish such notices, if any, as the Court thinks fit, m Bahrein, the
Persian Coast and Islands, Bombay, the United Kingdom, and elsewhere.
(4.) The Court shall require and compel him to file, in the proper office of the
Court, his accounts of his administration at intervals not exceeding three months, and
shall forthwith examine them and report thereon to the Chief Court.
(5.) The accounts shall be audited under the direction of the District Court.
(6.) A]l expenses incurred on behalf of the Court in execution of this Article
shall be the first charge on the estate of the deceased as dealt with in accordance with
the provisions of this 'Order; and the Court shall, by the sale of that estate or
otherwise, provide for the discharge of those expenses.
43. In cases where parties are Mahommedans the District Court may refer any
question, concerning probate of wills or administration of property of deceased persons
to whom this Order applied, to a Kazi for settlement under the general supervision of
the Coutt.
P art V.— Bahrein Subjects and Tribunals.
(a.) Criminal.
44.—(I.) When a Bahrein subject desires to institute a complaint against a
person to whom this Order applies, or a person to whom this Order applies desires to
institute a complaint against a Bahrein subject, 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 entertain the
same, and may—
[a.) With the concurrence of the Sheikh of Bahrein, himself bear and determine
it in his District Court, or
{h.) Send it to the Joint Court, or
(c.) If the defendant is a Mahommedan, refer it to a Kazi for decision, sending a
representative of the Agency An office of the East India Company and, later, of the British Raj, headed by an agent. to record briefly the proceedings. Such decision, when
endorsed 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. , shall for all purposes be considered as if it were that
of the District Court.
(2.) Nothing in this Article shall prevent 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. from exercising the
revisory powers possessed by him under Article 4 of the Convention with Bahrein, dated
the 31st May, 1861.
(b.) Civil.
45. (1.) "\A hen a Bahrein subject desires to bring a suit against a person to whom
this Order applies, or a person to whom this Order applies desires to bring a suit against
a, Bain ein subject, 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 admit the complaint, and
(a.) TV ith the concurrence of the Sheikh of Bahrein, may hear and determine the
suit in his District Court, or
(&.) May hear and determine it in a Joint Court, or
(c.) May refer it to the Majlis-el-Urf for decision, or
(rf.) In cases between pearling-masters and divers, may refer it to the Salifah
Court, or J
( <? -) With the consent of the several parties, may refer the case to one or more
Arbitrators for settlement.
(2.) The judgment of the Joint Court or of the Mailis-el-Urf shall for all purposes
be considered the same as if it were that of the DistrictCourt.
(d.) An appeal from the decision of the Salifah Court shall lie to the Political

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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' [‎106v] (231/536), British Library: India Office Records and Private Papers, IOR/R/15/2/6, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100023489038.0x000020> [accessed 20 April 2024]

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