File 791/1904 Pt 1 'Orders-in-Council: Persian Coast and Islands' [‎204v] (141/357)

10
British subjects of arms or munitions of war,
or any parts or ingredients thereof, and for
giving effect to any Treaty relating to the im
portation or exportation of the same.
(e.) For requiring Returns to be made of the
nature, quantity, and value of articles exported
from or imported into his district, or any part
thereof, by or on account of any British subject
who is subject to this Order, or in any British
ship, and for prescribing the times and manner
at or in which, and the persons by whom, such
Returns are to be made.
(/.) For the governance, visitation, care and
superintendence of prisons.
56. —(1.) Any Regulations made under the
preceding Article may provide for forfeiture of
any goods, receptacles, or things in relation to
which, or to the contents of which, any breach
is committed of such Regulations, or of any
Treaty or any native or local law or custom, the
observance of which is provided for by such
Regulations.
(2.) Any person committing a breach of any
such Regulations shall, in addition to any for
feiture prescribed thereby, be liable, on conviction,
to imprisonment, for a period not exceeding three
months, or to a fine, or to both.
(3.) Any fine imposed for a breach of Regula
tions shall not exceed 1,500 rupees Indian silver coin also widely used in the Persian Gulf. : provided that
in the case of any breach of any native or local
law relating to customs law, or under which the
importation or exportation of any goods is pro
hibited or restricted, the fine may extend to a sum
equivalent to treble the value of the goods in
relation to which the breach is committed.
(4.) King’s Regulations shall not take effect
until they are allowed by a Secretary of State :
provided that in case of urgency declared in any
such Regulations, the same shall take effect before
such allowance, and shall continue to have effect
unless and until they are disallowed by the Secre
tary of State, and until notification of such dis
allowance is received and published by the Consul-
General, and such disallowance shall be without
prejudice to anything done or suffered under such
Regulations in the meantime.
(5.) All King’s Regulations shall be published
by the Consul-General in such manner and at
such places as he may think proper.
(6.) In this Article “breach of the Regulations ”
includes the breach of any native or local law or
custom, the observance of which is required by
any King’s Regulations.
57. Judicial notice shall be taken of this Order
and of the commencement thereof, and of the
appointment of the Consul-General and Judicial
Assistant and of the constitution and limits of the
Courts and districts, and of Consular seals and
signatures, and of any Rules and Regulations
made or in force under this Order, and no proof
shall be required of any of such matters.
58. Nothing in this Order shall deprive the
Consul-General, or an officer subordinate to him,
either as such or as Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. in the
Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. , of the right to observe, and to
enforce the observance of, or shall deprive any
person of the benefit of any reasonable custom
existing within the Persian coast and islands,
unless this Order contains some express and
specific provision incompatible with the obser
vance thereof.
59. Nothing in this Order shall —
(i.) Affect any power or jurisdiction conferred
by, or referred to in, the Act of the Governor-
General of India in Council, entitled the Foreign
Jurisdiction and Extradition Act, 1879 (Act XXI
of 1879), or in the Indian f Foreign Jurisdiction)
Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , 1902 ; or
(ii.) Affect any jurisdiction for the time being
exercisable by the Consul-General under any
Imperial Act other than the Foreign Jurisdiction
Act, 1890 ; or
(iii.) Prevent any Consular officer of His
Alajesty within the Persian coast and islands
from doing anything whiclt His Majesty’s Consuls
in the dominions of any State in amity with His
Majesty are for the time being, by law, usage, or
sufferance, entitled or enabled to do.
60. Criminal or civil proceedings pending at
the commencement of this Order shall, from and
after that time, be regulated by the provisions of
this Order as far as the nature and circumstances
of each case admit.
61. The Consul-General may within the limits
of this Order exercise any power conferred on
any Justice of the Peace within His Majesty’s
dominions by any Act of Parliament for the time
being in force regulating merchant seamen or
the mercantile marine.
62. If a question arises whether any place is
or is not within the Persian coast and islands for
the purposes of this Order, it shall be referred to
the Consul-General, and a certificate under his
hand and seal shall be conclusive on the question,
and shall be taken judicial notice of by the High
Court of Bombay, and by any Court established
under this Order.
63. Not later than the thirty-first day of March
in each year, or such other day as the Secretary
of State directs from time to time, the Consul-
General shall send to the Governor-General of
India in Council, for transmission to the Secretary
of State, a Report on the operation of this Order
up to the thirty-first day of December in the pre
vious year, or such other date as the Secretary of
State directs from time to time, showing for the
last twelve months the number and nature of the
proceedings, criminal and civil, taken under this
Order, and the result thereof, and the number
and amount of fees received, and containing an
abstract of the list of registered British subjects
and such other information, and being in such
form as the Secretary of State from time to time
directs.
64. —(1.) A printed copy of this Order, and of
all Rules of Procedure and other Rules for the
time being in force under this Order, shall be
kept open to inspection free of charge in the
office of the Consul-General, and of each Court
established under this Order.
(2.) Printed copies thereof shall be sold within
the Persian coast and islands at such reasonable
price as the Consul-General from time to time
directs.