Page 237 - Gulf Precis (VII)_Neat

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was to adhere strictly to the provisions of the Commercial Treaty with Persia.
Along the Arabian littoral he thought it might still be possible to dispose of
civil disputes amicably by personal influence, as provided for by the last instruc­
tions of the Government of India.
As to the Persian littoral, where the requirements of British merchants had
to be met, and where our official actions were liable to the supervision
of the Persian Central Government, Colonel Pelly thought that we could no
longer venture beyond the limits of treaty stipulation without incurring incon­
venient responsibility, and without perhaps in the long run impeding where it was
hoped to advance the interests of commerce.
Colonel Pelly remarked that British commercial interests in Persia were pro­
tected on the basis of the Commercial Treaty of Turkomanchai between Persia
and Russia, the 7th Article of which provided for the investigation and settle­
ment of claims and disputes between Russians and Persian subjects; and that as
all disputes between Russian and Persians were to be referred to the Courts
of Religious Law or Equity, the only intervention allowed on the part of
the Russian representative being that cases should be heard and decided in the
presence of the Russian representative’s interpreter, so all disputes between
British and Persian subjects should be referred to the same Courts.
To carry out the treaty stipulations and the wishes of the Government, and
to relieve the Residency of an anxious and irregular responsibility, Colonel Pelly
proposed for the future
“ to be guided by the stipulations of the Commercial Treaty, thus abandoning the old and
irregular practice of investigating at the Residency cases werein a British subject or
protege may be defendant, and of sending to the Courts Residency officials watch and
note the proceedings of cases wherein British subjects or proteges may be parties to a suit.
An interpreter would attend, but his functions would be simply those of an interpreter."
He hoped thereby to be able to avoid further complications and irregu­
larities which under the Foreign Jurisdiction Act would be introduced, and Gov­
ernment could succeed in effecting a change in the Commercial Treaty.
326. In a further letter No. 6161, dated 28th October 1871, the Bombay
Government submitted answers to the questions put by the Government of India
in their letter No. 1808, dated 25th August 1871, and also a correspondence bet­
ween Colonel Pelly and Sir P. Francis on the question of Consular jurisdiction
in Persia. The proposals of Sir P. Francis are contained in the following extract
from his letter of 27th December 1870 to Colonel Pelly :—
u That Consular officers in Persia shall be invested with the power of hearing certain
civil and criminal matters in which British and protected subjects are interested."
“ That the Resident (or by his appointment the Assistant Resident) at Bushire shall
likewise hold a Court for the administration of justice, including maritime cases.
“ That the other Assistant Residents (and consular officers if any) should possess like
authorities.
“ That there should be appeal in certain cases from the Assistant Resident (and con-
sular officers if any) in the district under your jurisdiction to the Resident.
“ That in those cases the Court of final appeal should be Bombay.
" That the Consuls, Vice-Consuls not included in the above paragraph, viz., Tabrez and
Reshd, should likewise have the same judicial powers and hold Courts of first instance.
“ That at Tehran a Court should be held either by the Minister (or by his deputation
the Secretary of Legation, or Vice-Consul).
'* That from the Courts of Tabrez, Reshd, and that held by the Minister's Deputy at
Tehran, the appeal should lie to the Minister at Tehran or to the Supreme Consular
Court at Constantinople, or to the Secretary of State (and I should be glad to have your
opinion as to which would be the best of these suggested Courts of appeal).
" That assessors may occassionally (especially in cases when protected subjects are
involved In the suit) be drawn from foreigners.
“ That the place for prolonged imprisonment should be either at Malta or Bombay.
But that Her Majesty's Government should send hereafter general directions on this head
and in respect of the particular cases, special orders as to the carrying out sentences of
long imprisonment.'"
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