'File 18/52 I (C 99) The Foreign Jurisdiction (Admiralty) Order in Council, 1910; File18/53 I (C 99) Orders in Council for Bahrain, The Trucial Coast, and the Whole of the Gulf' [‎83v] (175/416)

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60. Subject to the other provisions of this Order, all expenses of removal of prisoners
and others, and the expenses of deportation and of the sending of any person to any part
of His Majesty's dominions or Protectorates, including expenses of maintenance shall be
defrayed in such manner as the Secretary of State directs.
61. (i) If an officer of the Court employed to execute an order, loses, by neglect or
omission, the opportunity of executing it, then, on complaint of the person agffrieved and
proof of the fact alleged, the Court may, if it thinks fit, order the officer to pay the dam
ages sustained by the person complaining, or part thereof.
(2) The order may be enforced as an order directing payment of money.
62. (i) If a clerk or officer of the Court, acting under pretence of the process of
authority of the Court, is charged with extortion, or with not paying over money duly
levied, or with other misconduct, the Court may, if it thinks fit, inquire into the charge in
a summary way, and may for that purpose summon and enforce the attendance ot all
necessary persons as in an action, and may make such order for the repayment of any
money extorted, or for the payment over of any money levied, and for the payment of
such damages and costs, as the Court thinks fit.
(2) The Court may also, if it thinks fit, on the same inquiry, impose on the clerk or
officer a fine not exceeding 50 rupees Indian silver coin also widely used in the Persian Gulf. for each offence.
(3) A clerk or officer punished under this Article, shall not, without the leave of the
Court, be liable to an action in respect of the same matter; and any such action, if already
or afterwards begun, may be stayed by the Court in such manner and on such terms as the
Court thinks fit.
(4) Nothing in this Article shall be deemed to prevent any person from being prose
cuted under any other law for any act or omission punishable under this Article, "or from
being liable under that other law to any higher punishment or penalty than that provided
by this Article. Provided that no person shall be punished twice for the same offence.
Part IX.—Repeal and Transitory Provisions.
63, On the commencement of this Order, the following Orders in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. shall be
repealed, that is to say :—■
" The Zanzibar Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , 1906."
" The Zanzibar Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , 1906, No. 2."
" The Zanzibar (Amendment) Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , 1908/'
" The Zanzibar Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , 1909."
Provided as follows :—
(1) \\ nere other provision is not made by Decree of the Sultan, countersigned by
the British Resident, any law practice or procedure established by o^ under
the said tepealed Orders and all the Indian Acts now in force in Zanzibar
(save and except the Bombay Civil Courts Act, 1869, which shall from and'
after the commencement of this Order cease to have any force in the Pro
tectorate,) shall remain in force as provided by Article 24 of this Order,
until such other provision is made.
(2) Every appointment of a Judge or other officer and every Court established and
existing < il the commencement of this Order, shall^ until other provision is
made, continue to be as if this Order had not been passed.
(3) All legal proceedings begun under the said repealed Orders and pending at the
commencement of this Order, shall be continued as if this Order had not
been passed.
(4) All regulations and rules made under the said repealed Orders, shall remain in
force until otherwise provided by Decree of the Sultan, countersigned by
the British Resident, a
. 6 4-—(0 Until other provision is made by Decree of the Sultan of Zanzibar, counter-
signed by the British Resident, and subject to the other provisions of this Order, the
Code of Criminal Procedure and the other enactments relating to the administration of
criminal justice in India applicable to Zanzibar, shall have effect as if Zanzibar were a
District and an Assistant Judge the Magistrate of the District, and the Judge the Sessions
Judge; the Court of Appeal shall be deemed to be the High Court; and the powers
both of the Governor-General in Council and of the Local Government under those enact
ments, shall be exercisable by the Secretary of State, or, with his previous or subsequent
assent, by the High Commissioner.
(2) Provided, however, that no sentence of death passed by the Court for Zanzibar
shall require confirmation by the Court of Appeal.