Page 21 - Records of Bahrain (3) (ii)_Neat

The Bahrain Order in Council, 1907-1913 437

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Pirstly, it may bo claimed undor Articlo 4 of friendly Convention of 18G1
with Bahrein, and by right of woll-cstablished usage sinco, that disputes
between British subjects and dependants (now including foreigners sinco tho
Ultimatum of 1905), and Bahreinis on tho other hand, are subject to tho
decision of tho Political Resident should tho British Agent and Local Authori-
tics fail to settle thorn satisfactorily.
Secondly, tho goucral understanding prevailing among tho Maritimo Arabs
is that the Resident is tho Cliicf Authority empowered to scttlo all their disputes
in tho Gulf. Rcfcronco to the Bombay High Court with tho contingent
possibility of tho Resident’s decision boing upset will lend to lower tho prestige
of the powers of intervention which lie exercises by dispensation from Govern­
ment.’ Tho High Court is greatly disliked by Gulf Arabs on account of tho
long delays involved iu settlement of suits therein ; tho heavy cxponscs entailed
by tho employment of Pleaders, and tho practical impossibility for principals to
attend in porson. Tho distance separating Bahrein and Bombay and tho
slowness of communication would inevitably militate against tho ends of
prompt justice which is the only form of tho commodity which the community
appreciates. Great difficulty, expenso and loss of time would be incurred by
8onding witnesses and parties from Bahrein to Bombay. In fact it would very
often be practically impossiblo to obtain tho attendance of witnesses.
Appeal to (ho High Court might not bo so fraught with objection wero
British subjects tho only people involved, as tho Hindoo Pirms often have
representatives in Bombay, but it is undesirable to force such procedure on
Bahrein subjects and foreigners, and wero it done, tho native public would
undoubtedly prefor tho crude and uncertain jurisdiction of tho Shaikh to our
own.
7. In dealing with tho section of '* Bahrein subjects and Tribunals” it
has been no easy matter to deviso articles which will, while locally workable in
practice, bo compaliblo with tho exigencies of an Order in Council.
I need only say hero that the articles now suggested arc tho result of much
deliberation bctwcou tho Political Agents and myself aud will, wo bcliovo, meet
requirements.
Respectfully commending the draft now submitted to tho wise consideration
of Government.

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