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File 951/1912 Pt 1 'Bahrein Order in Council' [‎135v] (281/424)

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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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12. The enactments described in the first schedule to the Foreign Jurisdiction
Act, 1890, shall apply to Bahrein, as if it 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 Political Besident in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. is hereby substituted for the
Governor of a colony or British possession, and the Chief Court is hereby substituted
for a Superior Court or Supreme Court, and the District Court 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 1891.
(iii.) In Section 51 of the Conveyancing (Scotland) Act, 1874, the Court 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. is substituted for a Court of Probate in a colony.
(iv.) With respect to the Fugitive Offenders Act, 1881—
(o.) 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 of committal and report of a case, or to the information
to be given by a Magistrate to a fugitive, shall be excepted, and in lieu of such infor
mation the person acting as the Magistrate shall inform the fugitive that in the
British possession or protectorate to which he may be conveyed he has the right to
apply for a writ of habeas corpus or other like process.
( 6 .) So much of the 6 th section of the said Act as requires the expiration of
fifteen days before issue of warrant shall be excepted.
(c.) The Political Besident shall not be bound to return a fugitive offender to a
British possession unless satisfied that the proceedings to obtain his return are taken
with the consent of the Governor of that possession.
(d) For the purposes of Part II of the said Act, Bahrein, Muscat, the Persian
Coast and Islands, and all other places on the shores of the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. or the Gulf
of Oman, Aden, and British India, shall be deemed to be one group of British
possessions.
13. Where, by virtue of any Imperial Act, or of this Order, or otherwise, any
provisions of any Imperial Acts, or of any Law in force in India, or of any Orders in
Council other than this Order, are applicable within the limits of this Order, or any
forms, Begulations, or procedure prescribed or established by or under such Act,
Law, or Order, are made applicable for any purpose of this Order, or any other Order
relating to Bahrein, such Acts, Laws, Orders, forms, Begulations, or procedure may
l)e construed or used with such alterations and adaptations not affecting the substance
as may be necessary having regard to local circumstances, and anything required to
be done by, to, or before any Court, Judg«, 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, Begulation, or
jwoccdure 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.
Paiit 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 slrBl be applicable to Bahrein. The Political
Besident 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, uhich shall have all the powers of a High Court of Judicature; the Political
Agent at Bahrein shall be deemed to be the District Magistrate and Sessions Judge;
the Judicial Assistant to the Political Besident shall be deemed to be the Additional
District Magistrate and Additional Sessions Judge ; and the powers of the Governor-
General in Council and of the Local Government under those enactments shall be

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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' [‎135v] (281/424), British Library: India Office Records and Private Papers, IOR/L/PS/10/248, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100032479434.0x000052> [accessed 28 March 2024]

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