Page 196 - Gulf Precis (III)_Neat

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" You will give the greatest publicity to the instructions contained in this despatch
a copy of which will be sent to the Viceroy of India. * 9
" I have, &c.,
______________ “ (Signed) GRANVILLE."
Odsrrvations.—The Governor-General in Council, in accordance with the above
instructions, has taken into consideration the present state of the law affecting persons
connected with the Slave Trade.
2. In Sections 367, 370, and 371 of the Indian Penal Code, it is provided as follows
" 3*7* Whoever kidnaps or abducts any person, in order that such person may be sub­
jected or may be so disposed of as to be put in danger of being subjected to grievous hurt,
or slavery, or to the unnatural lust of any person, or knowing it to be likely that such person
will be so subjected or dispos'd of, shall be punished with imprisonment of cither descrip­
tion for a term which may extend to ten years, and shall also be liable to fine.
“ 370. Whoever imports, exports, removes, buys, sells or disposes of any person as
a slave, or accepts, receives, or detains against his will any person as a slave, shall be
punished with imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine.”
"371. Whoever habitually imports, exports, removes, buys, sells, traffics, or deals in
slaves shall be punished with transportation tor life, or with imprisonment of either deferip-
tion for a term not exceeding ten years, and shall also be liable to fine."
3. In Sections 107 to 120 of the Indian Penal Code the abetment of offences is
defined, and penalties are prescribed for such abetment.
4. In the Foreign Jurisdiction and Extradition Act, 1872 (Act XI of 1872), it is,
among other things, provided as follows
“ 8. The law relating to offences and to criminal procedure for the time being
in force in British India shall, subject as to procedure to such modifications as the Governor-
General in Council from time to time directs, extend to all British subjects, European and
Native, in Native States.
" 9* All British subjects, European and Native, in British India may be dealt with, in
respect of offences committed by them in any Native State, as if such offences had been
committed in any place within British India in which any such subject may be, or may be
found.
5. In the aforesaid Act, the expression u Native State ” means—
<f in reference to Native Indian subjects of Her Majesty, all places without and
beyond the Indian territories under the dominion of Her Majesty ; and
w in reference to European British subjects, the dominions of Princes and
States in India in alliance with Her Majesty."
6. The aforesaid Act makes provision for the exercise of certain powers by the
Governor-General of India in Council in places beyond British India, for the delegation
of such powers and for the appointment of Justices of the Peace in such places ; and under
these provisions the Governor-General in Council has this day issued a Notification,
appointing the Commissioner in Sind, the Political Agent in Kelat, the Assistant Politi­
cal Agent at Gwadur, the Political Resident in the Persian Gulf, the Political Agent at
Muscat, the Resident at Aden, and the Political Agent at Zanzibar, holding these offices
for the time being, and .being European British subjects, to be Justices of the Peace
within the territories beyond the limits of British India in which they are respectively
accredited as the representatives of the British Government.
7. The English Statute Law relating to the Slave Trade is set forth in 5, George IV,
Cap. 113, and 6 and 7 Viet., Cap. g8, which Statutes apply to all British subjects.
8. In an Order of Her Majesty in Council, dated the 4th of November 1867, relating
to Consular Jurisdiction at Muscat, it is, among other things, provided as follows :—
a 16. And it is further ordered that in any case in which any British subject
shall be accused before Her Majesty's Consul of the crime of arson or house-breaking, or
cutting and maiming, or stabbing or wounding, or of any assault endangering u e, or o
wilfully causing any bodily injury dangerous to life, or of wilful or corrupt perjury, or ,.
engaging in, or being accessory to, the purchase or sale of slaves, or of having slaves 1 e^a y
in his possession, the proceedings before the Consul shall be carried on wito e
assessors convened in the manner aforesaid, and it shall be lawful for the Consul, 1
shall seem fit, to cause any person convicted before him of any of the crimes atoresai ,
and above any fine or imprisonment which may be awarded to such person, to be sen
the dominions of the Sultan of Muscat for such time as to him shall seem meet in