Page 43 - Records of Bahrain (3) (ii)_Neat
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The Bahrain Order in Council, 1907-1913 459
14
*37. When any of the several parties desire that the suit shall bo
determined in accordance with the Codo of Civil Procedure and other enact
ments made applicable to Bahrein, tho District Court shall forthwith proceed
!o decide the suit in accordance with the provisions of such enactments, as
far as local conditions permit.
Nothing in this section shall provent tho District Court from referring—
(</) A question of local custom to tho Majlis-cl-Urf for consideration and
report;
(/») A disputo over accounts between pearling-mastcrs and divers to tho
Salifah Court for scrutiny and adjustment;
nor shall prevent tho District Court, tho Mnjlis-ol-Urf, or tho Salifah Court
from referring any matter in tho progress of a suit which involves a point
of Mahoinmedan Law to a Kazi for decision, or from soiuling any party or
witness, being a Mahoinmedan, to a Kazi for tho administration of an oath.
38.—(1) Tho Foreign Jurisdiction (Admiralty) Ordor in Council, 1910,
shall apply to Bahrein, and tho Chief Court shall havo tho jurisdiction
conferred by Articlo 4 of that Ordor, and tho District Court shall be doomod
to be a Provincial Court, and tho ltogistry thereof a District Rogistry within
the meaning of the said Ordor.
(2) Admiralty actions commenced in tho said ltogistrv shall be triod in
tho District Court, unless tho Chief Court is at tho time sitting within tlm
limits of this Order, or unless ail parties agree that tho action shall bo triod
in the Chief Court sitting clsewhcro than within tho limits of this Order.
(3) Tho duties of tho Registrar and of tho Marshal cithor of tho Chiof
Court or of tho District Court under tho said Order shall bo performed by
such officers ns the Political Residont shall direct.
39.—(1) Tho District Court shall endeavour to obtain, ns oarly as may
be, notico of tho deaths of all British subjects or foreigners leaving property
in any placo within tho jurisdiction of tho Court as prcscribod by this Order,
and all such information ns may sorvo to guido tho Court with respect to
tho securing and administration of thoir property.
(2) On receiving notico of tho death of such a person, tho Court shall
put up a notico thereof at tho Court-houso, and shall keep tho same thoro
until probate or administration is granted, or, wlioro it nppears to tho Court
that probato or administration will not bo applied for, or cannot bo granted,
for such time ns it thinks fit.
(3) The Court shall, whoro tho circumstances of tho caso appear so to
require, ns soon ns may bo, take possession of tho proporty left by tho
deceased in any placo within tho jurisdiction of tho Court as prescribed by
this Ordor, or put it under its soal (in cither case, if tho nature of Iho property
or olhor circumstances so require, making an inventory), and so keep it until
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