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'File 8/65 COMMERCIAL TREATY 1891. MUSCAT ORDER-IN-Council. 1915' [95v] (195/210)
The record is made up of 1 volume (101 folios). It was created in 4 Sep 1890-16 Aug 1915. It was written in English and Arabic. 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. .
Transcription
This transcription is created automatically. It may contain errors.
eucescors, an 1 the Sultan, for the tiire being in force, and applicable to such person, in
respect of the violation whereof any penalty is stipulated for in the Treaty, he shall be
deemed guilty of an offence, and on conviction thereof under this Order shall be liable to a
penalty in accordance with the stipulations of the Treaty or the provisions of this Order.
32. The Foreign Jurisdiction Neutrality O.der in Council, 1904, shall apply to all
persons and to all property subject to this Order.
33. 'Where a person entitled to appeal to the Chief Court from any judgment or order
passed in the exercise 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 all practicable speed be transmitted to the Chief 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.
34 . The Court against whose judgment or order the appeal is preferred may postpone
the execution of the sentence pending the appeal, and shall, if necessary, commit the person
convicted to prison for safe custody, or detain him in prison for safe custody, or shall admit
him to bail, and may take security, by recognisance, deposit o money, or otherwise, for his
payment of any fine.
Part IV. —Civil Matters.
35 . —.( 1 ) 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, shall have effect as if Maskat were a district in the
Presidency
The name given to each of the three divisions of the territory of the East India Company, and later the British Raj, on the Indian subcontinent.
of
Bombay. 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 Judge, and his Court
shall be deemed to be the District or Principal Civil Court of Original Jurisdiction in the
district; 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 an additional
District Judge, and his Court shall be an additional District Court of Original Civil
Jurisdiction} the Court of 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 highest Civil
Court of Appeal for the district, and the Court authorized to hear appeals from the decisions
of the District Court; and the powers, both of the Governor-General in Council and 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.
(•2) Any jurisdiction exercisable by the Chief Court under this Order in civil matters may
be exercised by the Judge of that Court, either within the limits of this Order or elsewhere.
36. When a suit between persons to whom this Order applies is filed in the Political
Agency
An office of the East India Company and, later, of the British Raj, headed by an agent.
, 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 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 Alaskat, or in accordance with local usage, and shall
record their replies.
37. 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 Maskat, the District
Court shall forthwith proceed to decide the suit in accordance with the provisions of such
enactments, as far as local conditions permit
Nothing in this section shall prevent the District Court from referring any matter in the
progress of a°suib which involves a point of Mohammedan law to a Q,azi for decision, or from
sending any party or witness, being a Mohammedan, to a Qazi for the administration of an
oath ; or from referring any matter in the progress of a suit between parties belonging to the
same" community which, in the discretion of the Court, is a fit and proper subject for the
decision of the local leaders of that community, to a punch or jama’at of the leaders of such
community ; or, in commercial cases, from referring any matter in the progress of a suit which,
in the discretion of the Court, is a fit and proper subject for the decision of the principal local
merchants to a punch or jama'at of such merchants.
33 . (]) The Foreign Jurisdiction. (Admiralty)
Order in Council
A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council.
, 1910, shall apply to
Maskat, and the Chief Court shall have the jurisdiction conferred by Article 4 of that Order,,
and the District Court shall be deemed to be a Provincial Court, aud the Registry thereof a
District Registry within the meaning of the said Order.
(2) Admiralty actions commenced in the said Registry shall be tried in the District Court,
unless the Chief Court is at the time sitting within the limits of this Order, or unless all parties
agree that the action shall be tried in the Chief Court sitting elsewhere than within the limits
of this Older.
( 3 ) The duties of the Registrar and of the Marshal, either of the Chief Court or of the
District Court, under the said Order shall be performed by such Officers as the Political
Resident shall direct.
About this item
- Content
This volume concerns the Commercial Treaty of 1891 between Britain and Muscat (spellings vary throughout), which was signed on 19 March 1891 and ratified on 20 February 1892. The volume features the following principal correspondents: 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 Consul, Muscat; 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. ; the Secretary of State for India; the Permanent Under-Secretary for India; the Permanent Under-Secretary of State for Foreign Affairs; officials of the Foreign Office, 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. , and the Government of India.
Related matters of discussion include the following: proposed amendments to the initial treaty, which was executed by Colonel Edward Charles Ross, 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. , without the British Government's full authority, on 18 April 1890; proposals from the Secretary of State for India (Richard Assheton Cross, Viscount Cross) for the treaty, once amended, to be limited to a term of twelve years, after which it should be terminable at twelve months' notice; the conclusion of the amended treaty and the signing of a supplementary declaration, in which the Sultan of Muscat [Sayyid Fayṣal bin Turkī Āl Bū Sa‘īd] pledges not to sell any portion of his territory to any party except the British Government; revisions and amendments to the original 1891 treaty, proposed in 1903 and 1911.
In addition to correspondence, the volume includes the following treaty-related items: the Arabic text of the 1890 version of the treaty (ff 4-11); copies of the aforementioned declaration, written in English and Arabic, and dated 20 March 1891 (f 33); an English translation of a draft treaty, prepared by the Sultan in May 1911 (ff 60-88).
Also discussed towards the end of the volume is the Muscat Order-in-Council (1915), a copy of which is included (ff 92-100).
There is no material covering the periods 1892-1900, 1904-1910 and 1912-1914.
- Extent and format
- 1 volume (101 folios)
- Arrangement
The papers are arranged in approximate chronological order from the front to the rear of the volume.
- Physical characteristics
Foliation: the foliation sequence (used for referencing) commences at the front cover with 1, and terminates at the inside back cover with 103; these numbers are written in pencil, are circled, and are located in the top right corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. side of each folio. A previous foliation sequence, which is also circled, has been superseded and therefore crossed out.
- Written in
- English and Arabic in Latin and Arabic script View the complete information for this record
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Copyright: How to use this content
- Reference
- IOR/R/15/6/252
- Title
- 'File 8/65 COMMERCIAL TREATY 1891. MUSCAT ORDER-IN-Council. 1915'
- Pages
- front, back, spine, edge, head, tail, front-i, 2r:3v, 12r:32v, 34r:59v, 89r:102v, back-i
- Author
- East India Company, the Board of Control, the India Office, or other British Government Department
- Usage terms
- Open Government Licence