Coll 25/30 'Orders in Council: Muscat 1939' [‎98v] (196/315)

Part V.— Mixed Cases.
(a) Criminal.
54. — (i) When any person not subject to this Order desires
to institute a complaint against a person to whom the said Order
applies, 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 entertain the same, and shall
(0) himself hear and determine it in his District Court, or (6)
it both parties are Moslems, refer it, with their consent, to a Qast
for decision, sending a representative of the Agency An office of the East India Company and, later, of the British Raj, headed by an agent. to record
briefly the proceedings. Such decision, when endorsed 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 considered as if it were
that of the District Court:
Provided that the person not subject to this Order shall, if so
required by the Court, give Security to the satisfaction of the
Court, and to such reasonable amount as the Court thinks fit,
by deposit or otherwise, to pay fees, costs and damages, and
abide by and perform the decision to be given by the Court or
on appeal.
(2) A counter complaint shall not be brought in the Court
against the complainant, being a person not subject to this Order.
(3) If a person to whom this Order applies has instituted a
complaint against a person not subject to this Order in a Muscat
tribunal and desires to appeal against the decision of the said
tribunal to the Sultan or, in the case of the Sultan’s absence, to
the Sultan’s representative, he shall give notice of his desire 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. within six weeks of the date of the decision and
furnish such information as 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 request
relating to the proceedings, 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. shall there
upon decide whether he will request the Sultan or his represen
tative to hear the appeal.
(b) Civil.
55 .— (1) When any person not subject to this Order desires to
bring a suit against a person to whom the said Order applies,
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 admit the suit, and may {a) hear and
determine the suit in his District Court, or (6) with the consent
of the several parties, may refer the case to one or more arbi
trators for decision:
Provided that the person not subject to this Order shall, if re
quired by the Court, give security to the satisfaction of the Court,
and to such reasonable amount as the Court thinks fit, by deposit
or otherwise, to pay fees, costs and damages, and abide by and
perform the decision to be given by the Court or on appeal.
(2) The award of the arbitrator or arbitrators under sub-
Article 1 (h) shall be final, and shall not be open to appeal
unless, on the application of a party made within a reasonable
time, the same shall have been ordered 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. to