Page 250 - Gulf Precis (VII)_Neat

i o6
363. The chief feature of interest in the case is the acknowledgment by the
Persian Government of the Resident's jurisdiction in such cases, and the enforce-
ment of that jurisdiction by the trial, sentence, and puhisliment of the offender.
(xlvi). Tne Persian Coast and Islands Order in Council 1889. *
364. The Persian Coast and Islands Order in Council dated 13th December
Appendices Nos. 36 *nd 37 in (Persia) Aitchinson’s 1889 as well as a Persian Order in Council
Treaties, Volume X. of the same date were published in
External A., October 1890, Nos. the London Gazette of 34th December
1889.
365. The following points might be noted in the Persian Coast and Islands
order in Council—
(a) Basis of the jurisdiction.—“ Treaty, grant, usage, sufference, and
other lawful means (Premable)."
(£) Authorities for the order.—Power vested in the crown by Foreign
Jurisdiction Acts, 1843—1878, or otherwise (Preamble).
(r) Limits 0f the order.—The coast and islands of the Persian Gulf and
Gulf of Oman being within the dominions of His Majesty the Shah
of Persia, including the territories of Persia adjacent to the said
coast and islands (s, 3.)
(<^) Application of the order.—(1) It applies to (i) British subjects
within the Persian Coast and Islands, whether resident or not, (ii)
British ships being within the Persian coast and islands, and (iii)
Persian subjects and foreigners in the cases and according to
the conditions in this order specified, but not otherwise [s. 5 (1)].
(3) Such of the provisions of this order as refer to British subjects or to
British subjects only, extend to British protected persons, in so far
as by treaty, grant, usage, sufference, and by other lawful means
the Crown has jurisdiction within the Persian Coast and Islands in
relation to such persons [s. 5 (3).]
[N.B.—“ British protected person ” defined as a person enjoying British
protection within the Persian coast and Islands, including by virtue of Statute
Vic. 39 and 40, Cap. 46 (1876), a subject of a Prince or state in India in
alliance with His Majesty, residing as being within the Persian Coast and
Islands.]
(e) Criminal matters.—The Persian Coast and Islands to constitute a
ywasz-district of the Bombay Presidency, the Judicial Assistant
being District Magistrate, the Consul General being Sessions Judge,
the Bombay High Court being the High Court (s. 8).
(/) Civil matters.’--The Consul-General to be District Judge, and the
Bombay High Court the Highest Court of appeal.
(^) Vice •Admiralty.—For vessels and persons coining within the Persian
Coast and Islands and in regard to vessels captured on suspicion
of being engaged in slave trade, the Consul-General to exercise
jurisdiction of the Courts of Vice-Admiralty.
(A) Jurisdiction of the Courts over non-British subjects.
33*. (0 “ Every suit in which a British subject is a defendant and a Persian subject
is a plaintiff, shall within the Persian Coast and Islands be heard by a Court established
under this order ”
34 (0- “ 'Yherc a. l°rc'gntr (a subject or citizen of a state in amity with Her Majesty
other-than Persia) desire to bring in a Court established under this order a suit against
a British subject, or a British subject desires to bring in such Court a suit against a
foreinger not being a subject of a Muhamadan power the Court shall eutertain the same
and shall hear and determine it.”
This authority is subject however to certain provisoes.

• We left the previous correspondence on the subject ia parag>*pn 334.