File 791/1904 Pt 1 'Orders-in-Council: Persian Coast and Islands' [‎203r] (138/357)

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any) of cross-appeal, and such arguments as he
desires to submit to the High Court of Bombay
against the appeal, or in support of the cross
appeal.
(3.) Ccpips thereof shall be furnished by the
Court in which they are filed to such persons as
the Court thinks fit.
37.—(1.) On the expiration of the time for the
respondent filing his argument, the Court shall,
without the application of any party, make up the
record of appeal, which shall consist of the
memorandum of appeal and the arguments (if
any), and certified copies of the following, namely,
the plaint, written statements (if any), all pro
ceedings, all written and documentary evidence
admitted or tendered, the notes of the oral evi
dence, the judgment, and the decree or order.
(2.) The several pieces shall be fastened to
gether consecutively numbered, and the whole
shall be secured by the Consular seal, and be
forthwith forwarded by him to the High Court of
Bombay.
(3.) The Court may, if for special reasons it
thinks fit, send any portion of the documentary
evidence, in original, to the High Court.
Part V.— Persian and Foreign Subjects
and Tribunals.
38.—(1.) Where a Persian subject or foreigner
desire to bring in a Court established under this
Order a suit against a British subject, or a
British subject desires to bring in such a Court
a suit against a Persian subject or foreigner the
Court shall entertain the same, and shall hear and
determine it.
(2.) Provided that the Persian subject or
foreigner, if required by the Court, first obtains
and files in the proper office of the Court the
consent, in writing, of the competent authority
(if any), on behalf of his own nation to his sub
mitting, and that he does submit by writing, to
the jurisdiction of the Court, and if required by
the Court, gives security to the satisfaction of
the Court, and to such reasonable amount as the
Court thinks fit, by deposit or otherwise, to pay
fees, costs, and damages, and abide by, and per
form, the decision to be given by the Court or on
appeal.
(3.) A cross-suit shall not be brought in the
Court against a plaintiff, being a foreigner.
(4.) Where a Persian subject or foreigner
obtains, in a Court established under this Order,
a decree or order against a defendant being a
British subject, and in another suit that defendant
is plaintiff and the Persian subject or foreigner
is defendant, the Court may, if it thinks fit,
on the application of the British subject, stay
the enforcement of the decree or order pending
that other suit, and may set off any amount
decreed or ordered to be paid by one party in one
suit against any amount decreed or ordered to be
paid by the other party in the other suit.
(5.) Where a plaintiff, being a Persian subject
or foreigner, obtains a decree or order, in a
Court established under this Order, against two
or more defendants, being British subjects,
iointly, and in another suit one of them is a
plaintiff and the foreigner is defendant, the Court
may, if it thinks fit, on the application of the
British subjects, stay the enforcement of the
decree or order pending that other suit, and may
set off any amount decreed or ordered to be paid
by one party in one suit against any amount
decreed or ordered to be paid by the other party
in the other suit, without prejudice to the right of
the British subject to obtain contribution from
his co-defendants under the joint liability.
(6.) Where in a suit a Persian subject or
foreigner is co-plaintiff with a British subject
who is within the Persian coast and islands, it
shall not be necessary for the Persian subject or
foreigner to give security under this Article as
regards fees and costs, unless the Court so directs,
but the co-plaintiff British subject shall be respon
sible for all fees and costs.
39. —(1.1 Where it is proved that the attend
ance of a British subject to give evidence, or for-
any other purpose connected with the administra
tion of Justice, is required before a Persian or
foreign Court, a Court established under this
Order may, if it thinks fit. in a case and in
circumstances in which the Court would require
the attendance of that person before the Court,
order that he do attend as required.
(2.) If the person ordered to attend, having
reasonable notice of the time and place at which
he is required to attend, fails to attend accordingly
and does not satisfactorily excuse his failure to
the satisfaction of the Court, he shall, independ
ently of any other liability, be liable to be
punished with imprisonment for a term which
may extend to two months, or with fine which may
extend to 1,000 rupees Indian silver coin also widely used in the Persian Gulf. (459-77 dollars), or with
both.
40. When a British subject invokes or submits
to the jurisdiction of a Persian or foreign Tribunal
and engages in writing to abide by the decision
of that Tribunal, or to pay any fees or expenses
ordered by that Tribunal to be paid by him, the
Court may, on such evidence as it thinks fit to
require, enforce payment of such fees and
expenses in the same manner as if they were fees
payable in a proceeding in the Court, and shall
pay over and account for the same when levied to
the proper Persian or foreign authority as the
Court may direct.
41. —(1.) If a British subject wilfully gives
false evidence in a proceeding before a Persian
or foreign Court, or in an arbitration between a
British subject on the one hand, and a Persian
subject or foreigner on the other hand, he shall,
on conviction before a competent Court of
Criminal Jurisdiction, be liable to be punished
with imprisonment for a term which may extend
to two months, or with fine which may extend to
1,000 rupees Indian silver coin also widely used in the Persian Gulf. (459-77 dollars), or with both.
(2.) Nothing in this Article shall exempt a
person from liability under any other British or
British Indian Law to any other or higher punish
ment or penalty :
Provided that no person shall be punished
twice for the same offence.
42. —-(1.) Every Agreement for reference to
arbitration between a British subject on the one
hand and a Persian subject or a foreigner on the
other hand, may, on the application of any party,
be filed for execution in the office of the Court.
(2.) The Court shall thereupon have authority
to enforce the Agreement, and the award made