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II. On this stale of facts then we think Colonel Pelly may be advised, that the draft
Order to be framed by himself and by Sir P. Francis should be carefully expressed so as
no to assume more jurisdiction than is now permitted by the various Foreign Powers ;
that it should go to the full undoubted extent of that jurisdiction ; that the order in
Council for Muscat may be taken as a general guide for the new order ; that as regards
criminal cases it may be closely followed to the extent to which our position admits :
that as regards civil cases the jurisdiction assumed in that order is narrower than is the
jurisdiction in Persia and other places, and the new order must be modified accordingly
astothose places ; and that the new order should also expressly modify the Muscat
Order in the same way. On the local extent of the order we consider Colonel Pelly
right in trying to cmbaracc into one system the territory he mentions, with exception of
the Turkish territory, for the reason already given ; and it would, in our opinion, be advis­
able to include Muscat and to modify the Muscat Order accordingly. In fuct the better
plan would be to repeal the Muscat Order entirely.
la. With respect to the important question of the law to be administered, we arc of
opinion that the same reasons which led to the choice of the Bombay High Court as a
Court of Appeal, and now the additional fact that such a choice has been made, point to
the law of British India as that which should govern all civil cases. The ' uscat Order
is silent as to the civil law, so it must be taken that English Uw prevails there: and the
Order will have to be modified again in this respect if Muscat is brought into the
arrangement.
In speaking of civil' law we do not mean to include procedure which should be
regulated by the principal Judge.
13. It is, however, possible that the introduction of Indian Criminal Law would be
unsuitable to the circumstances of the community among whom the law is to work. The
Muscat Order gives to the Consul a general power of making regulations for the peace,
order, and good government of Her Majesty’s subjects ; of enforcing them by fine, imprison­
ment, and banishment: and as to other offences not covered by any regulations it gives
similar powers. He also has power to commit to Bombay for trial. But as to offences
not covered by regulations nothing is to be deemed an offence which would not be so
deemed by M a Court of Justice having criminal jurisdiction in Her Majesty’s dominions, ”
which we think must be taken to mean an English Court of Justice. We are, therefore,
of opinion, as at present advised, that the better plan would be to follow the Muscat
order in giving the principal Judge (who would probably be the Resident or Consul-
General of Bushire) power to make regulations and to provide that, except so far as it
may be displaced by Regulation, the Indian Penal Code shall prevail. But the subject
is one that must be carefully considered, and on which Colonel Pelly’s own opinion will
be most important.
14. The third point for consideration is with regard to the extent of personal juris­
diction to be exercised under the new arrangements, that is to say, whether the jurisdic­
tion of the Court to be established shall be confined to persons born of wholly British
parentage, or shall be extended to British subjects generally. If this question were
now under consideration for the fust time we should be disposed to confine the jurisdic­
tion to certain classes, such as all persons of European extraction, all domiciled in the
United Kingdom, and all who are entitled to British protection, such as persons in the
service of Government or serving on board British ships. But considering that the
jurisdiction has hitherto extended to all British subjects, and that the Muscat Order,
now five years old, so deals with it, and that no practical mischief has yet been found,
we think that there is hardly any case for restricting the personal jurisdiction, even though
it is likely henceforth to affect much larger numbers. But we think that the Judges
should have a discretion to remit cases to the Courts of the country, when they consider
the justice can so be better done.
15. Connected with this point is one which will require attention. Besides British
subjects, our jurisdiction has extended to a number of persons whom we have here called
British clients, persons recognized as entitled to our protection, and who appear, in
Bushire at least, to be known and registered as such. By the Treaty of Paris (Article
XII) we renounce the right of protecting hereafter any Persian subject, not actually in
the employment of certain specified officers, provided that no such right is accorded to or
exercised by any Foreign Powers: but we are to have as much privilege as the most
favoured nation. In defining the classes over which jurisdiction is to be exercised care
must be taken not to infringe upon this stipulation.
16. As regards the nature of the Courts to be constituted, we are of opinion that
much discretion must be left to Colonel Pelly to determine this in communication with
Sir P. Francis. But we would suggest that the arrangement regarding the Persian shores
be kept quite distinct from those for the interior of Persia. The latter must be under
the Minister at Tehran and the English Foreign Office. The former should be under
Colonel Pelly and the Government of India. It will, we think, be safer and less likely to
give rise to misunderstanding to give Colonel Pelly the designation of Consul-General
or Consul, and his subordinates the designation of Consuls or Vice-Consuls, in addition
to the titles of Resident, or Assistant Resident, or Political Agent, as the case may be