Page 252 - Gulf Precis (VII)_Neat

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369. In his letter No. 101, dated 5th June 1903, Colonel Kemball suggested
that article 32 of the Coast order might
External A., September 190 3i No*. 39’4°*
be amended so as to give power to his First
Assistant to try Vice-Admiralty cases during the absence of the Consul-General
from Bushire, which might extend to several months : there is doubt whether
article 3 of the order gives the First Assistant the necessary powers. The
Government of India.in submitting this suggestion to the Secretary of State for
the necessary action in their Despatch No. 118, dated 6th August 1903, expressed
their concurrence with Colonel Kemball as to the necessity of the proposed
amendment.
370. In March 1904 the Secretary of State telegraphed to say that it had
been proposed to consolidate the Persian
Exlernal A., May 1904, No*. 91-100.
Coast Order, and enquired what amend­
ments we had to suggest. It was only suggested to amend articles 11 (2), 12 and
aa (3), so as to enable the Judicial Assistant to perform during the absence of the
Consul-General ministerial acts of signing and scaling warrants directed or
contemplated by these articles (telegram to the Secretary of State, dated 34th
April 1904).
(xlviii). Court Fees leviable under the order in Council.

371. Article 43 of the order provides for the Consul-General making rules im-
Eitemai a., October 1890. No*. 55-1*3 (No*. 68- posing fees leviable in respect of proceed-
*9)- mgs in or processes issued out of any court
established under the order. A table of fees was sent with the instructions of the
Secretary of State, dated 22nd February 1890, as Appendix C, which were to be
adopted under the order.
37a. In 1897, the Consul-General issued with the necessary sanction a
External A.,Decembr 1897, No*. 90-95. revised table of fees in substitution of the
Exlernal A-, February 1900, No*. 4-5. table of fees referred to above. An amended
scale of the fees was published again in 1899 (vide the Consul-General’s note
dated a8th December 1891).

(xlix). Extension of the Limitation Act under the order, 1903.

373. In exercise of the power conferred by section 7 (3) of the Persian Coast
and Island Order in Council, and with the
External March 1904, No*. 27-30.
previous consent of the Secretary of State,
the Government of India directed by Notification No. 2810-G. A., dated 4th
December 1903, that the Indian Limitation Act should be made’ applicable
to the said coast and island with effect from 1st January 1904.

(1). Judicial powers conferred on Political Officer* under the Order in Council.
374. By Government of India Notification No. 1554-E., dated 26th July
1890, the officer for the time being holding
External A., October 1890, No*. 55-115.
the appointment of First Assistant to the
Political Resident in the Persian Gulf, was appointed under section 3 (4) of the
Persian Coast and Islands Order in Council, 1889, to be Judicial Assistant to the
British Consul-General for Fars and the Coast and Islands of the Persian Gulf.
375. Under section 23 of the Persian Coast and Islands Order in Council and
External A-, Joly 1891, No*. 329.33a. section 2a of the Bombay Civil Courts.Act,
Exlernal A., October 1891, Nos 1-2. 1869, the Government of India appointed
in 1891 the Judicial Assistant to be Subordinate Judge within the local limits
of the Persian Coast and Islands and under sections 24 and 28 of the said Act
invested him with the powers of a first class Sub-Judge and Small Cause Court
Judge with powers up to Rs. 500 (Notification No. H85.E., dated 23rd June
1891).