Coll 25/27 'Orders-in-Council: Trucial Coast: Jurisdiction over foreigners in the Trucial Coast Sheikhdoms of the Persian Gulf; Revision of Persian Gulf Orders in Council' [‎114v] (242/694)

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forms, regulations, or procedure may be construed or used with
such alterations and adaptations not affecting the substance as
may be necessary having regard to local circumstances, and any
thing required to be done by, to, or before any 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, (■*■ with
his previous or subsequent assent the Governor-General of India
in Cotwfteil, may direct by, to, or before whom and in what manner
anything is to be done, and such Act, Law, Order, Form, Regula
tion, or procedure shall be construed accordingly.
)Uft«rf^Where, under any suchllnayiai*-c*, Law, or Order, any
publication is required to be made, as respects any judicial proceed
ing in any “ Gazette ” or otherwise, such publication shall be
made by such mode as the Court shall think fit to direct.
( 2 ) Any jurisdictio]
matters under this 0
Court either within t
16 . In cases in wh:
the sentence of a Coi
Court, the sentence
/ Governov-G enerai of I
Where £ person
mission of an offence
Court, and it is expe<
determined, and punis
(under the Foreign Ji
trial to Bombay.
The Chief Court ma
under the hand and sej
to be sent for trial to I
The warrant shall b
it is directed to receiv
to carry him to and d
warrant.
(1) Subject to the otner provisions of t.xis Order
the Code of Criminal Procedure and the other
Indian enactments relating to the
administration of criminal justice made
applicable to all persons subject to this Order
shall apply to, and have effect in K UWAlT
as i ? tPm were a district in the province
of Bombay* 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
rersian Gulf shall hold and form a Court to be
called the C lef 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. 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 Central Government and of the
Provincial Government under those enactments
shall be exercisable by tiie Secretary of State.
Notwithstanding anything in the previous
provisions of this sub-Article, or in the
enactments therein referred to, in any case
involving an offence punishable under Chapters
XVI to XXIII inclusive of the Indian Penal Code
which under the second schedule of the Indian
Code of Criminal Procedure is triable by a
magistrate of the second or third class,
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, if both the complainant
and the defendant are Mohammedans and are
acquiescent in such procedure, order the case to
be tried by a Qazi, a representative from the
Where any person ]
which he is charged s
shall bind over such of
in their own recognisar
18 . — (1) The Politic
to the directions of th(
general order under hi
which, and the places
are to be carried into <
building or place specifie
of this Order, and such ]
or officers of any such p
( 2 ) If at the place at
or building appointed as
sub-Article of this Artie:
or warrant under the set
poses of any particular <
mg specified in the ord
Order, and such person
such prison.
( 3 ) A warrant under t
rity to the person or pej
detain the person namei
prison appointed in accc
this Article.
19 * —( 1 ) Without prej
Order, the Political Resi
proceedings. In such cases tne judgement passed
by the Qazi shall not be carried into effect
until it is ratified by the PoliticalAgent,
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 have power to
revise the finding and sentence as if the
Qazi were a subordinate Magistrate, or to return
the case for retrial to the same or another
Qazi. Tlie sentence of tue Qazi, 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 .'gent in the district Court.
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forms, regulations, or procedure may be construed or used with
such alterations and adaptations not affecting the substance as
may be necessary having regard to local circumstances, and any
thing required to be done by, to, or before any 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, oe-with
his previo^ft- -subsequent assent the Grover nor-Gen era! of India
may direct by, to, or before whom and in what manner
anything is to be done, and such Act, Law, Order, Form, Regula
tion, or procedure shall be construed accordingly.
h<X Iv^w^Where, under any suchjM napiwiii^^et, Law, or Order, any
publication is required to beunade, as respects any judicial proceed
ing in any “ Gazette ” or otherwise, such publication shall be
made by such mode as the Court shall think fit to direct.
Part III.— Criminal Matters.
15 .—tD Subject to the other provisions of this Order, the Code
f Criminal Procedure and the other enactments relating tp the
dministration of criminal justice in British India for the time being
hall be applicable to Kuwait. 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
riilf shall hold and form a Court, to be called the,-Chief Court,
rhich shall have all the powers of a High Court of Judicature:
he 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 Kuwait shall be deemecj to be the District
lagistrate and Sessions Judge; the Judicial Assistant to the
'olitical Resident shall be deemed to be the additional District
lagistrate and additional Sessions Judge; and the powers of the
rovernor-General in Council and of the Local Government under
lose enactments shall be exercisable by the Secretary of State,
r, with his previous or subsequent assent, by the Governor-General
f India in Council.
Notwithstanding, in any case triable by a subordinate Magistrate
nder Chapters XVI to XXIII inclusive of the Indian Penal Code
: both the complainant and defendant are Muhammadans and
re 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
he case to be tried by a Qazi, a representative from the Agency An office of the East India Company and, later, of the British Raj, headed by an agent.
ttending to record briefly the proceedings. In such suits the judg
ment passed by the Qazi shall not be carried into effect until it is
atified 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. shall have
tower to revise the finding and sentence as if the Qazi were a sub-
irdinate Magistrate, or to return the case for retrial to the same or
.nother Qazi. The sentence of the Qazi when ratified by the
Polhi^al Agent, shall for all purposes be regarded as if it were the
Ipdision 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
matters under this Or
Court either within th
16 . In cases in whi<
the sentence of a Cou
Court, the sentence
/ Goverrurr-General of L
of
17 . W here a person
mission of an offence,
Court, and it is exped
determined, and punisl
(under the Foreign Ju
trial to Bombay.
The Chief Court maj
under the hand and sea
to be sent for trial to £
The warrant shall be
it is directed to receiv<
to carry him to and di
warrant.
Where any person i
which he is charged si
shall bind over such of
in their own recognisan
18 . —(1) The Politic
to the directions of the
general order under hi
which, and the places
are to be carried into €
building or place specifie
of this Order, and such ]
or officers of any such p
( 2 ) If at the place at
or building appointed as
sub-Article of this Art-id
or warrant under the sei
poses of any particular <
mg specified in the ord
Order, and such person
such prison.
( 3 ) A warrant under t
rity to the person or pe
detain the person name
prison appointed in acc<
this Article.
19 .— ( 1 ) Without prej
Order, the Political Resi