'File A/9 II Bahrain Order in Council' [‎6v] (29/226)

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(5) The accounts shall be audited under the direction of the District Court.
((Vi All 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 provi
sions of this Order; and the Court shall, by the sale of that estate or otherwise, provide for
the discharge of those expenses.
43 Xn cases where parties are Mohammedans 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
Court.
Part V.— Bahrein subjects and Tribunals.
[a) Criminal.
44,— (}) 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 hear and determine it
in his District Court, or
[h] Send it to the Joint Court, or
(tf) If the defendant is a Mohammedan, 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 Kesident from exercising the
revisory powers possessed by him under Article 4 of the Convention with Bahrein dated
the 31st May lb61.
{b) Civil.
45.— (1) When 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
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 admit the complaint, and
(a) With the concurrence of the Sheikh of Bahrein, may hear and determine the
suit in his District Court, or
(3) May hear and determine it in a Joint Court, or
( r ) May refer it to the Majlis-el-Urf for decision, or
(d) In cases between pearling-masters and divers, may refer it to the Salifah
Court, or
(e) W ith 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 Majlis-el-Urf shall for all purposes be
considered the same as if it were that of the District Court.
(3) An appeal from the decision of the Salifah Court shall lie to 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 1 be ^inal 10 ^ W Sheikh of Bahrein, and in all Salifah cases their joint decision
1.. nS^ 7 he aW f d f th ^ Arbitrator under sub-Article 1 (e) shall be final, and shall not
Pnlifu-al a ^ U l n ^ ess ^ ^® i same shall within a reasonable time have been ordered by the
AvhuZnrh 1 set aside on the ground that it is not final or is defective, or that the
s excee e his authority, or has been guilty of misconduct in the matter.
Mail!s-pl - p' "i, I ," en ^ 0ne ^ prevent the District Court, the Joint Court, the
of a suit wliu-V, ^ ^ 1 a 0 . u ^ J Arbitrator from referring any matter in the progress
W anv nartvr 0 ^^^ 0f Mohammedan law to a Kazi for decision, or from send-
0^ y r wi nesSj being a Mohammedan, to a Kazi for the administration of an
a decree or^onler^ajy^ricjf "^ a ^ lre J n subject obtains,^ in a Court established under this Order,
suit that defpnflanf ' 1 • ^ , n §" a British subject, or foreigner, and in another
thinks^t o^the amliVflf" 1 ^ ^ ^s^hrein^ subject is defendant, the Court may, if it
the decree or order nenrli k WI? f sub 3 ec ^ or foreigner, stay the enforcement of
to brpl ^ that o her suit, and may set off Iny amount decreed or ordered
the other part^n the other 0 suit^ a ^ ains ^ any amount decreed^ or ordered to be paid by