'File 18/55 I (C 101) Bahrain Order in Council' [‎33v] (75/477)

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12. The enactments described in the first schedule to the Foreign Jurisdiction
Act, 1890, shall apply to Bahrein, as if it were a British colony or possession, hut
subject to the provisions of this Order, and to the exceptions, adaptations, and
modifications following, that is to say ;—
(i.) 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. in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. is hereby substituted for the
Governor of a colony or British possession, and the Chiof Court is hereby substituted
for a Superior Court or Supreme Court, and the District Court for a Magistrate or
Justice of the Peace of a colony or British possession.
(ii.) For the portions of the Merchant Shipping Acts, 1854 and 1807, referred to
in the said Schedule, shall be substituted Part XIII of the Merchant Shipping
Act, 1891.
(iii.) In Section 51 f.f the Conveyancing ('Scotland) Act, 1874, the Court of the
Political Ai^ent is substituted for a Court of Probate in a colony.
(iv.) With respect to the Fugitive Offenders Act, 1881—
(o.) So much of the 4th and 5th sections of the said Act as relates to sending
a report of the issue of a warrant, together with the information, or a copy thereof, or
to the sending of a certificate of committal and report of a case, or to the information
to be given by a Magistrate to a fugitive, shall be excepted, and in lieu of such infor
mation the person acting as the Magistrate shall inform the fugitive that in the
British possession or protectorate to which he may be conveyed he has the right to
apply for a writ of habeas corpus or other like process.
(6.) So much of the 6th section of the said Act as requires the expiration of
fifteen days before issue of warrant shall be excepted.
(c.) 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 not be bound to return a fugitive offender to a
British possession unless satisfied that the proceedings to obtain his return are taken
with the consent of the Governor of that possession.
[d) For the purposes of Part II of the said Act, Bahrein, Muscat, the Persian
Coast and Islands, and all other places on the shores of the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. or the Gulf
of Oman, Aden, and British India, shall be deemed to be one group of British
possessions.
13. here, by virtue of any Imperial Act, or of this Order, or otherwise, any
provisions of any Imperial Acts, or of any Law in force in India, or of any Orders in
Council other than this Order, are applicable within the limits of this Order, or any
forms, Regulations, or procedure prescribed or established by or under such Act,
Law, or Order, are made applicable for any purpose of this Order, or any other Order
relating to Bahrein, such Acts, Laws, Orders, forms. Regulations, or procedure may
be construed or used with such alterations and adaptations not affecting the substance
as may be necessary having regard to local circumstances, and anything required to
be done by, to, or before any Court, Judg^, officer, or authority may be done by, to,
or before a Court, Judge, officer, or authority having the like or analogous functions,
or by, to, or before any officer designated by the Secretary of State or by the Court
(as the case may require) for that purpose; and in case any difficulty occurs in the
application the Secretary of State, or with his previous or subsequent assent the
Governor-General of India in Council, may direct by, to, or before whom and in what
manner anything is to be done, and such Act, Law, Ordei^, form. Regulation, or
procedure shall be construed accordingly.
here under any such Imperial Act, Law, or Order, any publication is
required to be made, as respects any judicial proceeding in any "Gazette" or
otherwise, such publication shall be made by such mode as the Court shall think fit
to direct.
Part III.— Criminal.
14.—(1.) Subject to the other provisions of tin's Order, the Code of Criminal
Procedure and the other enactments relating to the administration of criminal justice
in British India for the time being shall be applicable to Bahrein. The Political
Resident in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. shall hold and form a Court, to be called the Chief
Court, which shall have all the powers of a High Court of Judicature; the Political
Agent at Bahrein shall be deemed to he the District Magistrate and Sessions Judge;
the Judicial Assistant 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. shall be deemed to be the Additional
District Magistrate and Additional Sessions Judge; and the powers of the Governor-
General in Council and of the Local Government under those enactments shall be