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'File 18/55 I (C 101) Bahrain Order in Council' [‎8r] (24/477)

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The record is made up of 1 volume (237 folios). It was created in 22 Mar 1912-5 Oct 1916. 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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exercisable by the Secretary of State, or, with his previous or subsequent assent, by
the Governor-General of India in Council.
jSotwithstandinsr, in any case triable by a Subordinate Magistrate under
Chapters XVI to XXIII inclusive of the Indian Penal Code, if both the complainant
and defendant are Mahommedans and are acquiescent in such procedure, the Political
A^cnt may order the case to be tried by a Kazi, a representative from the Agency An office of the East India Company and, later, of the British Raj, headed by an agent.
attending to record briefly the proceedings. In such suits the judgment passed by
the Kazi cannot be carried'mto effect until it is ratified 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. , 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. is empowered to revise the finding and sentence as if the Kazi
were a Subordmate Magistrate, or to return the case for re-trial to the same or
another Kazi. The sentence of the Kazi, when ratified by the Politiral Agent, shall
for all purposes be regarded as if it were the decision 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. in the
District Court.
(2.) Any jurisdiction exercisable by the Chief Court in criminal matters under
this Order may be exercised by the Judge of that Court either within the limits of this
Order or elsewhere.
15. In casrs in which the Code of Criminal Procedure requires the sentence ot a
Court of Session to be confirmed by the High Court, the sentence shall be referred
for confirmation to the Governor-General of India in Council instead of to the Chief
Court. ^ , - , • • r
16. Where a person subject to this Order is accused of the commission ot an
offence the cognizance whereof appertains to the Court, and it is expedient that the
offence be inquired of, tried, determined, and punished in a British possession, the
accused may (under the Eorsign Jurisdiction Act, 1890, section 6) be sent for trial to
Bombay. i i i
The Chief Court may, where it appears so expedient, by warrant under the hand
and seal of 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. , cause the accused to be sent for trial to Bombay
accordingly.
The warrant shall be sufficient authority to any person to whom it is directed to
receive and detain the person therein named, and to carry him to and deliver him up
at Bombay according to the warrant. . . ^
Where any person is to be so sent to Bombay, the Court before which he is charged
shall take the preliminary examination, and shall bind over such ot the proper
witnesses as are British subjects in their own recognizances to appear and give
evidence on the trial.
17 _(!.) The Political Eesident may by General Order prescribe the manner m
which, and the places at which, sentences of imprisonment are to be carried into
execution within the limits of the Order.
(2.) The Court may, in any case by warrant sealed with its seal, cause an
offender convicted and sentenced to imprisonment before the Court to be removed to,
and imprisoned in, any place that shall be prescribed by 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. under
the authority provided for in subsection (1) of this Article.
18. Where an offender convicted before any Court under this Order is sentenced
to imprisonment, and 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. proceeding under section 7 of the
Foreign Jurisdiction Act, 1890, authority in that behalf ^ being hereby given to
him considers it expedient that the sentence should be carried into effect elsewhere
than within the limits of this Order, and the offender is accordingly sent for
imprisonment to a place outside the limits of this Order, the place shall be eithti
a place in the Presidency The name given to each of the three divisions of the territory of the East India Company, and later the British Raj, on the Indian subcontinent. of Bombay, or a place in some other part of His
Majesty's dominions, the Government whereof consents that offenders may be sent
thither under this Article, or a place in which by Treaty, grant, usage, sufferance or
other lawful means His Majesty has jurisdiction, provided that if a person is not a
British subject he shall only be sent under this Article to a place in His Majesty's
19 n ) In cases of murder or culpable homicide, if either the death or the
criminal act which wholly or partly caused the death happened in Bahrein, a
Court acting under this Order shall have the like jurisdiction over any person
to whom this Order applies who is charged either as a principal offender or as an
abettor as if both such criminal act and the death had happenel in Bahrein.
(2 ) In the case of any olfence committed on the high seas or within the
Admiralty jurisdiction by any person who at the time of committing such offence was
on board a British ship, or by any British subject on board a foreign ship to which
he did not belong, the Court shall, subject to the provisions of this Order, have
[168] c

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Content

Papers relating to the drafting, publication and implementation of The Bahrain Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. ( His Majesty's Stationery Office, 1913). Includes papers relating to slave trade jurisdiction in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. , February - August 1913; the design of a notarial seal for sealing documents to be used 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. , Bahrain, January - February 1914; a draft slave trade treaty (including documents in Arabic), March-February 1915; difficulties over the implementation of the Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , especially in view of the background of hostilities caused by the outbreak of World War One, 1914-1916; the legal powers of the Majlis in Bahrain under the terms of the Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , May 1915; and fees to be charged under the Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. and the issue of the levying of Khidmah [Arabic 'service' - used to mean a percentage fee on legal cases] by the Sheikh of Bahrain, May 1915 - October 1916.

Extent and format
1 volume (237 folios)
Arrangement

The papers are arranged in chronological order from the front to the rear of the volume.

Physical characteristics

Foliation: the system in use starts at the title page and continues to the third folio from the rear of the volume. The foliation sequence appears in pencil, circled, in the top right hand corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. side of each folio. Foliation anomalies: folio 86 is followed by folios 87A and 87B; folio 92 is followed by 93A, 93B and 93C. Folio 102 folds out slightly beyond the edge of the volume. A second sequence, written in pencil (uncircled) runs from folios 2-229, and appears only on those pages that contain text.

Written in
English and Arabic in Latin and Arabic script
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'File 18/55 I (C 101) Bahrain Order in Council' [‎8r] (24/477), British Library: India Office Records and Private Papers, IOR/R/15/1/299, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100023856278.0x000019> [accessed 28 March 2024]

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