File 791/1904 Pt 1 'Orders-in-Council: Persian Coast and Islands' [‎204r] (140/357)

Part VII. —Miscellaneous Provisions.
48. Subject to the control of the Secretary of
State, the Consul-General may, from time to time,
with the previous sanction of the Governor- I
General of India in Council, make Rules of
Procedure and other Rules, consistent with this
Order, for the better execution of the provisions
herein contained in respect of any matter arising
in the course of any civil or criminal case,
including insolvency and bankruptcy proceedings.
4^. —(1.) Subject to the control of the Secre
tary of State acting with the concurrence of the
Treasury, the Consul-General may, from time to
time, with the previous sanction of the Governor-
General of India in Council, make rules imposing
fees leviable in respect of any proceedings in, or
processes issued out of, any Court established
under this Order.
(2.) But a Court before which any matter is
pending may, in any case, if it thinks fit, on
account of the poverty of a party, or for any other
reason, dispense in whole or'in part with the pay
ment of any fees cuargeable in respect of such
matter.
(3.) Nothing in this Order shall affect any
Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. for the time being in force
prescribing a table of fees to be taken by Con
sular officers; and where a fee is taken under
that Order, no fee shall be taken in respect of the
same matter under this Order.
50. —(1.) All fees, charges, expenses, costs,
fines, damages, and other money payable under
this Order, or under any law made applicable by
this Order, may be enforced under order of the
Court by attachment and sale of the movable
property of the person by whom they are payable,
and in case of deficiency by imprisonment for a
term which may ex end to one month.
(2.) Any bill of sale or mortgage, or transfer of
propert}, made with the view of avoiding such
attachment or sale, shall not be effectual to defeat
the provisions of this Order.
(3.) All fees, penalties, fines, and forfeitures
levied under this Order shall be paid to the public
account, and shall be applied in such manner as
the Secretary of State with the consent of the
Treasury may direct.
51. Whenever an Acting Consul-General or
Acting Judicial Assistant has commenced the
hearing of any cause or matter, civil or criminal,
he may, unless the Consul-General otherwise
directs, continue and complete the hearing and
determination thereof, notwithstanding that his
authority to act as Consul-General or as Judicial
Assistant has otherwise ceased by reason of the
expiration of the time for which he was appointed
to act, or by reason of the happening of any event
by which his authority is determined.
52. —(1.) If an officer of the Court, employed
to execute a decree or order, loses, by neglect or
omission, the opportunity of executing it, then,
on complaint of the person aggrieved and proof
of the fact alleged, the Court may, if it thinks fit,
order the officer to pay the damages sustained by
the person complaining, or part thereof.
(2.) The order may be enforced as an order
directing payment of money.
53. — (1). If a clerk or officer of the Court,
acting under pretence of the process or authority
(284) C
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 purpcse summon and enforce the atten
dance of all necessary persons as in a suit, 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 such
fine, not exceeding 50 rupees Indian silver coin also widely used in the Persian Gulf. (22-99 dollars) for
each offence, as the Court thinks fit.
(3.) A clerk or officer punished under this
Article, shall not, without the leave of the Court,
be liable to a civil suit in respect of the same
matter; and any such suit, if already or after
wards begun, may be stayed by the Court in such
manner and on such terms as the Court thinks lit.
(4.) Nothing in this Article shall be deemed to
prevent any person from being prosecuted under
any other British or British Indian law for any
act or omission punishable under this Article, or
from being liable under that other law to any
other or higher punishment or penalty than that
provided by this Article :
Provided that no person shall be punished
twice for the same offence.
54. 'fhe Court shall have jurisdiction from time
to time to make an order requiring a person to
contribute, in such manner as the Court directs,
to the support of his wife, or to the support of his
or her child, whether legitimate or not, being,, in
tlie opinion of the Court, under the age of sixteen
years. Any such order mav be made in a sum
mary way, as if the neglect to provide tor the
support of such wife or child were an offence, and
any failure to comply with any such order shall ‘be
deemed to be an offence, and shall be punishable
with a fine not exceeding 10 rupees Indian silver coin also widely used in the Persian Gulf. (4-59 dollars)
for any one default, and the Court may direct any
penalty imposed for such offence to be applied for
the support of such wife or child in such manner
as the Court thinks fit.
55. The Consul-General under this Order
shall have power to make and alter Regulations
(to be called King’s Regulations) for the follow
ing purposes (that is to say) :—
(o.) For the peace, order, and good govern
ment of British subjects within any such place
in relation to matters not provided for by this
Order and to matters intended by this Order to
be prescribed by Regulation.
(Z>.) For securing the observance of any
Treaty or arrangement, for the lime being in
force, relating lo any place within the limits of
this Order, or or any native or local law or
custom, whether relating to trade, commerce,
revenue, or any other matter.
(c.) For amending, modifying, or repealing
with respect to places within the limits of this
Order any Acts or enactments which are made
applicable or have been brought into operation
in those places by or under any of the pro
visions of Article 7 of this Order.
(d.) For regulating or preventing the im
portation or exportation in British ships or by