'File 18/55 I (C 101) Bahrain Order in Council' [‎10r] (28/477)

Politico! Agency An office of the East India Company and, later, of the British Raj, headed by an agent. , 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. sbalLenquire from the several parties whether
they desire that proceedings shall be instituted in accordance with the Code of Civil
Procedure and the Indian enactments made applicable to Jiahrein, or in accordance
with local usage, and shall record their replies.
37. When any of the several parties desire that the suit shall be determined in
accordance with the Code of Civil Procedure and other enactments made applicable
to Bahrein, th'e District Court shall forthwith proceed to decide the suit in accordance
with the provisions of such enactments, as far as local conditions permit.
Nothing in this section shall prevent the-District Court from-referring—
{ cl ) A question of local custom to the Majlis-el-Urf for consideration and
report;
(6.) A dispute over accounts between pearling-masters and divers to the Salifah
Court for scrutiny and adjustment;
nor_shall prevent the District Court, tkc-MajlirMcl Urf,-er the from
referring any matter in the progress of a suit which involves a point of Mahommedan
Law to a Kazi for decision, or from sending any party or witness, being a Mahom
medan, to a Kazi for the administration of an oath.
38.—(l^ t ^riitj .Foreign Jurisdiction (Admiralty) Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , 1910, shall
apply to Bttrhrcm, ^and the Chief Court shall have the jurisdiction conferred by
Article 4 of that Order, and the District Court shall be deemed to be a Provincial
Court, and the Registry thereof a District Registry within the meaning of the said
Order.
(2.) Admiralty actions commenced in the said Registry shall be tried in the
District Court, unless the Chief Court is at the time sitting within the limits of this
Order, or unless all parties agree that the action shall be j:ried in the Chief Court
sitting elsewhere than within the limits of this Order.
(3.) The duties of the Registrar and of the Marshal either of the Chief Court or of
the District Court under the said Order shall be performed by such ofTicers as 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. shall direct.
39.— (1.) The District Court shall endeavour to obtain, as early as may be, notice
of the deatlis of all British subjects or foreigners leaving property in any place
within the jurisdiction of the Court as prescribed by this Order, and all such informa
tion as may serve to guide the Court with respect to the securing and administration
of their property.
(2.) On receiving notice of the death of such a person, the Court shall put up a
notice thereof at the Court-house, and shall keep the same there until probate or
administration is granted, or, where it appears to the Court that probate or adminis
tration will not be applied for, or cannot be granted, for such time as it thinks lit.
(3.) The Court shall, where the circumstances of the case appear so to require,
as soon as may be, take possession of the property left by the deceased in any place
within the jurisdiction of the Court as prescribed by this Order, or put it under its
seal (in either case, if the nature of the property or other circumstances so require,
making an inventory), and so keep it until it can be dealt with according to law ;
perishable articles being disposed of as the Court may consider best in the interests
of the estate.
(4.) AW expenses incurred on behalf of the Court in so doing shall be the first
charge on the property of the deceased, and the Court shall, by sale ot part ot that
property, or otherwise, provide for the discharge of these expenses.
(5.) When a British subject or foreigner dies within the jurisdiction of the Court
as prescribed by this Order intestate, his property, or so much thereof as is within those
limits, shall, until administration is granted, vest in 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. .
40. If a person to whom this Order applies be named executor in a will, and to
the establishment of whose title as such it is necessary to obtain probate of that will,
take possession of and administers, or otherwise deals with, any part of the property
of the deceased, and does not obtain probate within one month after the death or after
the termination of any proceeding respecting probate or administration, he shall be
liable to pay double the amount of any fees chargeable on obtaining probate, and he
shall also be liable to a fine which may extend to J,0U0 rupees Indian silver coin also widely used in the Persian Gulf. .
41. If any person, to whom this Order applies, other than the person named
executor, or tlie administrator, or a person entitled to represent the deceased without
obtaining probate or letters of administration, or an officer of the Court, takes
possession of and administers, or otherwise deals with, any pait of the property of the
deceased, he shall, as soon as practicable, notify the fact and the circumstances to the
[168] D