Coll 25/36 'Orders in Council: Revision of Persian Gulf Orders-in-Council' [‎19Br] (43/476)

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36. Any person being within the limits of this Order may be proceeded
against, tried, and punished under this Order for piracy wherever committLh
^-(l) The Foreign Jurisdiction Neutrality Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , 1904(k)
shall apply to all persons and to all property subject to this Order.
° rder shall affect the operation within the limits of the
1927(1) ° f ^ Foreign Junsdlctlon (Military Forces) Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. ,
38. Where a person entitled to appeal to the Chief Court or the Full Court
nnHpr ° r ° rder ^ ss&d , in the exer cise of criminal jurisdiction
under this Order desires so to appeal, he shall present his petition of appeal
to the Court which passed the judgment or order ; and the petition shall with
J > I a j tlCab e speed be tran smitted to the Chief Court or the Full Court with
certified copies of the charge (if any) and proceedings, of all documentary
evidence submitted or tendered, of the depositions, of the notes of the oral
testimony, and of the judgment or order, and any argument on the petition of
appeal that the appellant desires to submit to the Chief Court or the Full
Court.
39. The Court against whose judgment or order the appeal is preferred
may postpone the execution of the sentence pending the appeal, and shall
it necessary, commit the person convicted to prison for safe custody or detain
him m prison for safe custody, or shall admit him to bail, and’may take
security, by recognisance, deposit of money, or otherwise, for his oavment
of any fine. ^
Part V.—Civil Matters
40 -—(D Subject to the other provisions of this Order, the Code of Civil
Procedure and the other Indian enactments relating to the administration of
civil justice and to insolvency and bankruptcy made applicable to all persons
subject to this Order shall apply to, and have effect in, Bahrein as if it were
a district in the province of Bombay on 14th August, 1947. The powers
both of the Central Government and the Provincial Government under those
enactments shall be exercisable by the Secretary of State.
(2) Any jurisdiction exercisable by the Chief Court under this Order in
civil matters may be exercised by that Court either within the limits of this
Order or elsewhere within the limits of the Kuwait, Qatar, Muscat and
Trucial States A name used by Britain from the nineteenth century to 1971 to refer to the present-day United Arab Emirates. Orders.
41. When a suit between persons to whom this Order applies is filed in
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. , the Court shall enquire from the several
parties whether they desire that proceedings shall be instituted in accordance
with the Code of Civil Procedure and the Indian enactments made applicable
to Bahrein, or in accordance with local usage, and shall record their replies.
42. When any of the several parties desire that the suit shall be determined
in accordance with the Code of Civil Procedure and other enactments made
applicable to Bahrein, 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. shall forthwith proceed
to decide the suit in accordance with the provisions of such enactments, as
far as local conditions permit.
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. may however refer
(a) a question of local custom to the Najlis-el-Urf for consideration and
report;
(b) a dispute over accounts between pearling masters and divers to the
Salifah Court for scrutiny and adjustment ; and the Court of the Political
(k) S.R. & O. 1904 (No. 1654) p. 174. (!) S.R. & O. 1927 (No. 359) p. 478.