'Correspondence and Memoranda Respecting Consular Jurisdiction in Persia, 1873-74' [‎126r] (9/48)

Bombay. But that Her Majesty's Government should send hereafter general directions
on this head, and in respect of particular cases special orders as to the carrying out of
sentences of long imprisonment.
I should he glad to hear from you on the above points and any others connected
with the projected Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. .
Tnclosure 6 in No. 1.
Colonel Pelly to Sir P. Frances.
Camp, Mandanee, March 11, 1871.
I HAVE the honour to acknowledge your letter of the 27th of December last,
concerning the drafting of an Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. applicable to Persia, and inviting niy
comments and suggestions on certain points in regard thereto.
2. I beg to concur with you in regard to point No. 1.
3. As regards points 2 and 3, I think that the Assistants Resident in their proper
capacities should be invested with the powers of a Consul, and maritime cases should be
included.
4. As regards points 4 and .5 I concur with you in thinking that appeal in certain
cases should lie from the Assistants Resident to the Resident, and that the Court
of Final Appeal should lie to such authority or Court in India as the Governments of
Bombay and India may determine.
5. But if the Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. limit its provisions to Persian territory, it would, in
so far as the jurisdiction of this Residency An office of the East India Company and, later, of the British Raj, established in the provinces and regions considered part of, or under the influence of, British India. is concerned, provide for only one littoral oi
the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. , whereas a large number, and indeed the majority ot cases, arise along
the Arab littoral. If possible, it would I think be very desirable that the Order
in Council should include all such regions as may be included within the Residents
jurisdiction.
6. As regards points 7 and 8, as the regions therein referred to lie without my
jurisdiction, I fear I might incur the charge of presnmption were I to give an opinion
concerning their Courts and jurisdictions.
7. As regards point 9 I think that the power of appointing Assessors would prove
very useful, and that the Assessors in any and all cases might be drawn from foreigners
if found desirable.
8. As regards point 10 I think the place for prolonged imprisonment for prisoners
sent from the Gulf should be determined by higher authority in India, who might deem
it advisable to vary the point of imprisonment.
9- I beg to inclose copy of extract from a letter which 1 have had the honour ot
addressing to the Government of Bombay From c. 1668-1858, the East India Company’s administration in the city of Bombay [Mumbai] and western India. From 1858-1947, a subdivision of the British Raj. It was responsible for British relations with the Gulf and Red Sea regions. , under date -2nd October last, as T deem it
possible that these paragraphs may prove of use to you when preparing the Order in
Council.
10. I think it would be advisable to provide for the levy of fees in Civil suits. At
present no fee is levied. But as trade increases it is found that vexatious and unnecessary
plaints increase also. The levy of fees would probably tend to reduce the number ot
this class of claims.
11. !Since writing the above I have received from a firm in Bushire an application
for the appointment of Yice-Consul in Bushire. The appointment of a local Agent
under the Residency An office of the East India Company and, later, of the British Raj, established in the provinces and regions considered part of, or under the influence of, British India. might be advisable in this principal seaport of Persia !or mercantile
transactions.
12. From a previous similar application from the same firm I learn that they " are
desirous of obtaining the appointment not so much with a view to personal remuneration
for the discharge of its duties as for the indirect benefits it would confer on their firm as
merchants."
But of course the first object is to arrange the general question, w r hich might
include provision for the appointments of Agents, with A'ice-Consular powers, by the
Resident.
P.S.—Our interests in these regions being mainly British-Indian and the bulk of
Brisish subjects here trading or residing being British-Indian or connected with India, I
am of opinion that the otficials of this Residency An office of the East India Company and, later, of the British Raj, established in the provinces and regions considered part of, or under the influence of, British India. should remain wholly subordinate to the
Indian Governments.
Constituting this jurisdiction in part in subordination to the Foreign Office, and in