Page 253 - Gulf Precis (VII)_Neat
P. 253

109

               376. The Political Resident in his letter No. 82, dated 9th July 1892,
                                          recommended :—
                External E., March 1894, Nos. 1*14.
                 (1)  that the officer in political charge of the Mekran coast might be
                       appointed a Magistrate of the first class, and Justice of the Peace
                       within the territory of the Sultan of Maskat on the Mekran coast
                       under sections 4 and 6, Act XXI of 1879 (Foreign Jurisdiction and
                       Extradition Act) ;
                 (2)  that the Director of the Persian Gulf Telegraphs be appointed a Sub­
                       ordinate Magistrate, first class, and Justice of the Peace at the
                       Telegraph Station of Jaskand Charbar, and along the alignment of
                       the telegraph line between the two places, under sections 12 and 22
                       of the Criminal Procedure Code and section 8 of the Persian Coast
                       and Islands Order in Council.”
               377.  As to the first proposal, the Government of India pointed out that the
           territory in question could not be held to be of Prince or State in India in alliance
           with Her Majesty within which only Justice of the Peace, whose jurisdiction is
           confined to European British subjects and their accomplices, could be appointed.
           At the same time there could be no objection to the officer, for the time being   !
           in political charge of the Mekran Coast, exercising jurisdiction over Native Indian
           subjects in the Sultan’s territory on that coast.
               378.  As regards the second proposal, the Secretary of State's sanction was
           asked, and as it was pointed out that there was a doubt whether even, under the
           operation of section 39 of the Criminal Procedure Code (which has been made
           applicable under “ The Persian Coast and Island’s Order in Council ”) the officer
           in question could be appointed a Magistrate ex-officio: the powers in question
           had to be conferred personally (Secretary of State’s Despatch No. 10 P0I.,
           dated 9th February 1893, and No. 76-Pol., dated 2nd November 1893).
               379.  The following notifications were published accordingly :—
                                       No. 2073-E.
                                 GOVERNMENT OF INDIA.
                                FOREIGN DEPARTMENT.


                                    Notification.

                                 Simla, the 10th November 189a.

               In virtue of the powers conferred by sections 4 and 5 of the Foreign Jurisdiction and
           Extradition Act (XXI of 1879), the Governor-General in Council is pleased to appoint the
           Officer for the time being in political charge of the Mekran Coast, to be a Magistrate of
           the first class in respect of offences committed by Native Indian subjects of Her Majesty
           within the local limits of the territories of His Highness the Sultan of Maskat situated on
           the said coast.
                                       No* 1691-E.

                                 GOVERNMENT OF INDIA.
                                FOREIGN DEPARTMENT.


                                   Notification.

                                   Simla, the 9th August 1893,

              In virtue of the powers conferred by section 8 of the " Persian Coast and Island’s Order
           in Council, 1889,” and section 12 of the Code of Criminal Procedure, 1882. as applied to
                  C640FD




 L
   248   249   250   251   252   253   254   255   256   257   258