File 791/1904 Pt 1 'Orders-in-Council: Persian Coast and Islands' [‎267r] (266/357)

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(5) British ships with their boats, and the persons and property on board
thereof, or belonging thereto, being within the limits of this Order 7 b d
6 . All His Majesty’s jurisdiction exercisable within the Persian coast and
Exercise of jurisdiction. islands for the hearing and determination
. , c a i at cr i m ^ Iia l or civil matters, or for the
maintenance of order, or for the control or administration of persons nr
property, or in relation thereto, shall he exercised under and according to
the provisions of this Order, so far as this Order extends and applies 5
Part II. Application of I/aw of British India and of the United
Kingdom.
7. (1) Subject to the other provisions of this Order, and to any Treaties
Indian law to be applied. ^ me being in force relating to the
..... . . ^ ers l an coast and islands, His Maiestv’s
criminal and civil jurisdiction within the Persian coast and islands shall, 'so
far as circumstances admit, be exercised on the principles of, and in conformity
with, the enactments for the time being applicable as hereinafter mentioned of
the Governor-General of India in Council, and of the Governor of Bombay in
Council, and in accordance with the powers vested in, and the course of
procedure and practice observed by and before, the Courts in the Presidency The name given to each of the three divisions of the territory of the East India Company, and later the British Raj, on the Indian subcontinent.
of Bombay beyond the limits of the ordinary original jurisdiction of the High
Court of Judicature at Bombay according to their respective jurisdiction and
authority, and, so far as such enactments, powers, procedure and practice are
inapplicable, shall be exercised in accordance with justice, equity, and good
conscience.
(2) The enactments mentioned in the Uirst Schedule to this Order are
hereby made applicable to the Persian coast and islands as from the commence
ment of this Order.
(3) Any other existing or future enactments of the Governor-General of
India in Council, or of the Governor of Bombay in Council, shall also be
applicable to the Persian coast and islands, but shall not come into operation
until such times as may in the case of any of such enactments respectively be
fixed by the Secretary of State, or, with his previous or subsequent assent, by
the Governor-General of India in Council.
(4) The Court may construe any such enactment, with such alterations
not affecting the substance, as may be necessary or proper to adapt the same
to the matter before the Court.
8 . The enactments described in the Eirst Schedule to “The Foreign
Application of Imperial Acts. Jurisdiction Act, 1890,” shall apply to
the Persian coast and islands as if they
were a British Colony or possession, but subject to the provisions of this Order,
and to the exceptions, adaptations, and modifications following, that is to
say:—
(i) The Consul-General is hereby substituted for the Governor of a
Colony or British possession, and the Court of the Consul-
General is hereby substituted for a Superior Court or Supreme
Court, and for a Magistrate or Justice of the Peace of a Colony
or British possession.
(ii) For the portions of the Merchant Shipping Acts, 1854 and 1867,
referred to in the said Schedule shall be substituted Part XIII of
“The Merchant Shipping Act, 1894.”
(iii) In section 51 of “ The Conveyancing (Scotland) Act, 1874,” and
any enactment for the time being in force amending the same, the
Court of the Consul-General is substituted for Court of Probate
in a Colony.
(iv) With respect to “ The Fugitive Offenders Act, 1881,”—
(a) So much of the 4th and 5th sections of the said Act as relates to
sending a report of the issue of a warrant, together with the
information, or a copy thereof, or to the sending of a certificate