Page 395 - Records of Bahrain (7) (ii)_Neat

Legal affairs and justice, 1952-1957 785

Courts ho maintains that the syatom of law adopted in that
court should ho the Indian one. I agree that the Joint
Courts should he encouraged to follow an orderly procedure
based on that in Her Majesty's Courts in Bahrain, particularly

ao the Ruler's courts do not appear to have any very satisfactory
procedural rules of thoir own. In respoct of substantive
law however, I fool that, as the Joint Courts ore established
both by the Ruler and by ourselves it is not strictly correct}
to hold that the law to bo applied in thooo Courts is that

made applicable by the Order in Council, In the absence of
a comprehensive common system of law applicable both to persons
under the Ruler*b jurisdiction and to those subjoct to the
Order in Council, the Joint Courts can only rely on such Haws
aG are common to both and on "justice, equity and good

conscience", though, whore appropriate, they should be encourged
to bo guided by the law applicable under the Order,

I am, with great truth and reopoct.
Sir,

Your Excellency's obedient Servant,
(For the Secretary of State)