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                              (2)  that no British subjects should collect or agroo to collcot oustoma in
                                    contravention of articles 6 and 7 of the Treaty of 1801, or
                              (3)  in contravention of nrticlo 10, bo as to obstruct or delay transit of
                                    goods;
                              (1) that tho British Consul shall bo solo judgo as to what constitutes
                                    dolny in furnishing copy of tho agreement, and what taxos  are
                                   illegal, etc;
                              (5) that infraction of the abovo rulos shall bo punishod with a maximum
                                   fino of 500 dollars or 3 months’ imprisonment.
                            8J7. Thoso Regulations were issued on tlio assumption that tho ** Customs
                         „ „ . „  .  4. „, i . farmer is in no sonso a sorvant of tho
                        Ho.*i63°E*a?datciiVwtJ»nu»ry 199a!   ’ Sultan 99 and that tho British Government
                         Hurd k, I'ebruarj i8U9, No*. 90189 (No. Could look to tho Bania farmer for the
                        187^‘                         reform of tho ousloms administration,
  I
                        instead of to tho Sultan. They constituted Major Fagan the solo arbiter of
                        what wero the propor taxes and empowered him to enforce them according to
                        his lights, while if ever they wore found to be improper or illegal, the
                        romedy properly lay in a representation to tho Sultan through tho usual
                        diplomatic channel. It would moreover he impossible to work them in practice,
                        as a JBenami arrangements wero possible and would be difficult to prove in a
                        Court of Justice. Further tho Regulations woro ill-considered and impolitio,
                        inasmuch their enforcement might drive tho customs farming into foreign
                        hands, such as a French Syndicate. Lord Curzon therefore thought that Major
                        Fagan’s proceedings was inexpedient.
                           318. The Secretary of State himself had doubts as to their expediency, and
                         Telepram from Viceroy to Secretary of State,   in this opinion Lord Curzon ooncurredand
                        dated 10th January 1899       thought that thoy should not have been
                         Secret K.. Marsh 1699, Noj 49-59.
                                                      issued without reference to the Home or
                        Indian Government. As, however, they had been promulgated for two months
                        and in operation for oue month, Colonel Meado was instructed, upon his
                        approaching visit to Maskat, to report on tho matter or withdraw the Regula­
                        tions, if he thought fit (See letter to Colonel Meade, No. 153-li A., dated 31st
                        January 1899.)
                                         (x) Grant of Eunder Jisseh to the French.
                           319. Meanwhile a report had appeared in the French papers that the Sultan
                                                      of Maskat had leased Bunder “ Gcssoh**
                         Secret E., February 1S99, Nos. 90-189 (No. 134).
                                                      to the French for a coaling station. The
                        Secretary of Slate enquired by telegram on 13th December 1893 whether the
                        Viceroy had confirmation of this report, and whether such a leaso would be
                        consistent with the declaration of 20th March 1891, if true.
                           320. Major Fagan had no confirmation of tho reported lease of Bunder
                                  Mi No. i4i          “ ®Gsseh>” hut thought it possible. He
                                    Id 0 ‘            understood that the port referred to was
                        Jisseh, an excellent harbour 5 miles south-east of Maskat. Colonel Meade
                        wished to inform the Sultan and enquire whether there were grounds for the
                       report. The Viceroy proposed to authorizo this and add warning that such
                       action would contravene declaration of 20th March 1891. Tho Secretary of
                       State’s instructions on these proposals were asked by telegram on 24th December
                       1898.
                           321. On 3rd January 1899 the Secretary of State replied with reference to
                                   ibid No. 14?       the Viceroy’s telegrams of 20tb and 24th
                                                      December—
                           41Declaration of IS 6 2 mutt be maintained and respected; subject to this, 1 am prepared to
                       approve any measure which docs not require French concurrence and which you think Likely to be
                       effective”
                           322. From further enquiries made by him, Major Fagan inferred that Jisseh
                       was the place, which had been probably leased or intended to bo leased to tbe
                       French, it being a small but good harbour o miles south-east of Maskat. It
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