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Malcolm & Co. before trial. The Sadr-i-Azam made no objection to this
proviso, and the Moin-ut-Tujjar withdrew from Ormuz on the arrival of the agents
of Messrs. Malcolm in the island.
542. The hearing of the case took place in Tehran, and the Amin-ed-Dowleh
gave his decision, on 22nd January 1898, in favour of the Moin-ut-Tujjar, and
ordered the withdrawal of Messrs. Malcolm from the island. He further gave
orders by which all the expenses incurred by Messrs. Malcolm in Ormuz should
be reimbursed, whilst all payments made to Persian officials and others in Tehran
should be made good to them.
543. Within twenty-four hours of the receipt of this decision Mr. Hardinge
ordered the mines to be handed over to the Moin-ul-Tujjar, and submitted a list
of payments made by Messrs. Malcolm to the officials in Tehran.
544. Messrs. Malcolm fortunately paid all monies by cheques, which bore the
seals of the payees, so that there could be no question raised in regard to the
actuality of the disbursements.
545. Three hundred tomans were paid to the Mouavin-ed-Dowleh, the Bank
Commissionaire, and nine thousand five hundred tomans to the lkba'1-ud-Mulk
for distribution to others, and it was this sum of 9,800 tomans which Mr.
Hardinge called upon the Persian Government to transfer to him in accordance
with the terms of the award. Constant references in regard to this refund
were made to the Government, but with no response.
546. Having therefore entirely failed to obtain the execution of the award,
Sir M. Durand asked Lord Salisbury to authorise him to inform the Persian
Government that if the sum of 9,800 tomans 1,960) was not paid within a
month, the mines must be restored to Messrs. Malcolm, and compensation paid
to them for losses incurred.
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