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File 951/1912 Pt 1 'Bahrein Order in Council' [‎10r] (28/424)

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The record is made up of 1 volume (205 folios). It was created in 8 Jun 1911-19 Jan 1915. It was written in English. The original is part of the British Library: India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. Records and Private Papers Documents collected in a private capacity. .

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7
Court, Judge, officer, or authority may be done by, to, or before a Court,
Judge, officer, or authority having the like or analogous functions, or by,
to, or before any officer designated by the Secretary of State or by the
Court (as the case may require) for that purpose ; and in case any difficulty
Occurs in the application the Secretary of State, or with his previous or
subsequent assent the Governor-General of India in Council, may direct by, to,
or before whom and in what manner anything is to be done, and such Act,
Law, Order, form, Regulation, or procedure shall be construed accordingly.
Where under any such Imperial Act, Law, or Order, any publication is
required to be made, as respects any judicial proceeding in any “ Gazette ” or
otherwise, such publication shall be made by such mode as the Court shall think
fit to direct.
Part III.— Criminal.
14. (1) Subject to the other provisions of this Order, the Code of Criminal.
Procedure and the other enactments relating to the administration of criminal
justice in British India for the time being shall be applicable to Bahrein. The
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. shall hold and form a Court, to be called
the Chief Court, which shall have all the powers of a High Court of Judicature;
the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. at Bahrein shall be deemed to be the District Magistrate
and Sessions Judge; the Judicial Assistant to the 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. shall be
deemed to be the Additional District Magistrate and Additional Sessions Judge;
and the powers of the Guvernor-General in Council and of the Local Government
under those enactments shall be exercisable by the Secretary of State, or,
with his previous or subsequent assent, by the Governor-General of India
in Council.
Notwithstanding, in any case triable by a Subordinate Magistrate under
Chapters XVI. to XXIII. inclusive of the Indian Penal Code, if both the
complainant and defendant are Mahommedans and are acquiescent in such
procedure, the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. may order the case to be tried by a Kazi, a
representative from the Agency An office of the East India Company and, later, of the British Raj, headed by an agent. attending to record briefly the proceedings.
In such suits the judgment passed by the Kazi cannot be carried into effect
until it is ratified by the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. , and the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. is empowered
to revise the finding and sentence as if the Kazi were a Subordinate Magistrate,
or to return the case for re-trial to the same or another Kazi. The sentence
of the Kazi, when ratified by the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. , shall for all purposes be
regarded as if it were the decision of the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. in the District
Court.
(2) Any jurisdiction exercisable by the Chief Court in criminal matters
under this Order may be exercised by the Judge of that Court either within
the limits of this Order or elsewhere.
15. In cases in which the Code of Criminal Procedure requires the
sentence of a Court of Session to be confirmed by the High Court, the
sentence shall be referred for confirmation to the Governor-General of India
in Council instead of to the Chief Court.
o 0. C. 1786*.
A 4i
//

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Content

The volume concerns proposals for, and the drafting and publication of the Bahrein [Bahrain] Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , 1913.

The correspondence is mainly between the 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. (Lieutenant-Colonel Percy Zachariah Cox), the Viceroy of India (Lord Hardinge of Penshurst), and senior officials of the Government of India, the Foreign Office and the India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. . The volume also contains draft and published copies of the Bahrain Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , and a copy of the (Indian) Pilgrim Ships Act, 1895.

Topics discussed in the correspondence include the judicial powers to be granted to the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. , Bahrain; the proposal that the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. , Bahrain be empowered to act as a British Slave-Court under the Slave Trade Acts of 1873 and 1879; the application to the Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. of the Pilgrim Ships Act, 1895 by King's Regulation rather than by inclusion in the schedule to the Order; publication of the Order in the Gazette of India ; and the need to bring the Order into operation without delay.

The date range gives the covering dates of all the documents and notes in the volume. The covering dates of the Political and Secret Department minute sheets are 1911-14.

Extent and format
1 volume (205 folios)
Arrangement

The papers are arranged in approximate chronological order from the rear to the front of the volume.

The subject 951 (Bahrain Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. ) consists of two volumes, IOR/L/PS/10/248-249. The volumes are divided into two parts, with each part comprising one volume.

Physical characteristics

Foliation: the main foliation sequence (used for referencing) commences at the front cover with 1 and terminates at the inside back cover with 207; these numbers are written in pencil, are circled, and are located at the top right corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. side of each folio. An additional foliation sequence is present in parallel between ff 111-206; these numbers are also written in pencil and circled, but are crossed through.

Written in
English in Latin script
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File 951/1912 Pt 1 'Bahrein Order in Council' [‎10r] (28/424), British Library: India Office Records and Private Papers, IOR/L/PS/10/248, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100032479433.0x00001d> [accessed 29 March 2024]

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