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hearing and settlement of all civil questions, claims, or disputes in which they are the defendants, is expressly reserved to the British consular authorities and Courts, and removed from the jurisdiction of His Highness the Sultan.

Should disputes arise between a subject of His Highness the Sultan or other non-Christian Power not represented by Cousuls at Zanzibar, and a subject of Her Britannic Majesty, in which the British subject is the plaintiff or the complainant, the matter shall be brought before and decided by the highest authority of the Sultan, or some person specially delegated by him for this purpose. The proceedings and final decision in such a case shall not, however, be considered legal unless notice has been given, and an opportunity afforded for the British Consul or his substitute to attend at the hearing and final decision.

XVII. Subjects of His Highness the Sultan or any non-Christian nation not represented by Consuls at Zanzibar, who are in the regular service of British subjects, within the dominions of His Highness the Sultan of Zanzibar, shall enjoy the same protection as British subjects themselves. Should they be charged with having committed a crime or serious offence punishable by law, they shall, on sufficient evidence being shown to justify further proceedings, be handed over by their British employers or by order of the British Consul to the authorities of His Highness the Sultan for trial and punishment.

XVIII. Should a subject of Her Majesty, residing in the dominions of His Highness the Sultan of Zanzibar, be adjudicated bankrupt, the British Consul shall take possession of, recover, and realise all available property and assets of such bankrupt, to be dealt with and distributed according to the provisions of British bankruptcy law.

XIX. Should a subject of His Highness the Sultan of Zanzibar resist or evade payment of the just and rightful claims of a British subject, the authorities of His Highness the Sultan shall afford to the British creditor every aid and facility in recovering the amount due to him. In like manner the British Consul shall afford every aid and facility to subjects of His Highness the Sultan of Zanzibar in recovering debts justly due to them from a British subject.

XX. Should a British subject die within the dominions of His Highness the Sultan of Zanzibar, or dying elsewhere, leave property therein, movable or immovable, the British Consul shall be authorized to collect, realise, and take possession of the estate of the deceased to be disposed of according to the provisions of British law.

XXI. The houses, dwellings, warehouses, and other premises of British subjects or of persons actually in their regular service within. the dominions of His Highness the Sultan of Zanzibar shall not be

entered, or searched, under any pretext by the officials of His Highness, without the consent of the occupier, unless with the cognizance and assistance of the British Consul or his substitute.

XXII. It is hereby agreed between the two High Contracting Parties that, in the event of an agreement being hereafter arrived at between His Highness the Sultan of Zanzibar and the various Powers with which His Highness shall be in treaty relations, including Great Britain, which must be a consenting party, whereby the residents of a district or town shall, without distinction of nationality, be made subject to the payment of local taxes, for municipal and sanitary purposes, the same to be fixed and administered by or under the control of a special Board, nothing contained in this Treaty shall be understood so as to exempt British residents from the payment of such taxes.

MUSCAT (the capital of Oman in South East Arabia.)

Convention, 31 May, 1839.

IV. Subjects of the dominions of His Highness the Sultan of Muscat, actually in the service of British subjects in those dominions, shall enjoy the same protection which is granted to British subjects themselves; but if such subjects of the dominions of His Highness the Sultan of Muscat shall be convicted of any crime or infraction of the law requiring punishment, they shall be discharged by the British subject in whose service they may be, and shall be delivered over to the authorities of His Highness the Sultan of Muscat.

V. The authorities of His Highness the Sultan of Muscat shall not interfere in disputes between British subjects, or between British subjects and the subjects or citizens of other Christian nations. When differences arise between a subject of the dominions of His Highness the Sultan of Muscat and a British subject, if the former is the complainant, the cause shall be heard by the British Consul or Resident Agent, who shall administer justice thereupon. But if the British subject is the complainant against any of the subjects of His Highness the Sultan of Muscat, or the subjects of any other Mahomedan Power, then the cause shall be decided by the highest authority of His Highness the Sultan of Muscat, or by any person nominated by him; but in such case the cause shall not be proceeded in, except in the presence of the British Consul or Resident Agent, or of some person deputed by one or other of them, who shall attend at the Court House where such matter shall be tried. In causes between a British subject and a native of the dominions of His Highness the Sultan of Muscat, whether tried before the British Consul or Resident Agent, or before the above-mentioned authority of His

Highness the Sultan of Muscat, the evidence of a man proved to have given false testimony on a former occasion shall not be received.

VI. The property of a British subject who may die in the dominions of His Highness the Sultan of Muscat, or of a subject of His Highness the Sultan of Muscat who may die in the British dominions, shall be delivered over to the heirs or executors, or administrators of the deceased, or to the respective Consuls or Resident Agents of the contracting parties, in default of such heirs, or executors, or administrators.

VII. If a British subject shall become bankrupt in the dominions of His Highness the Sultan of Muscat, the British Consul or Resident Agent shall take possession of all the property of such bankrupt, and shall give it up to his creditors to be divided among them. This having been done, the bankrupt shall be entitled to a full discharge from his creditors, and he shall not at any time afterwards be required to make up his deficiency, nor shall any property he may afterwards acquire be considered liable for that purpose. But the British Consul or Resident Agent shall use his endeavours to obtain for the benefit of the creditors any property of the bankrupt in another country, and to ascertain that everything possessed by the bankrupt at the time when he became insolvent has been given up without reserve.

VIII. If a subject of His Highness the Sultan of Muscat should resist or evade payment of his just debts to a British subject, the authorities of His Highness shall afford to the British subject every aid and facility in recovering the amount due; and, in like manner, the British Consul or Resident Agent shall afford every aid and facility to subjects of His Highness the Sultan of Muscat in recovering debts justly due to them from a British subject.

SENNA (probably now included in Persia.)
Treaty, 15 January, 1821.

VI. All subjects of the British Government trading to Mocha, and particularly the merchants of Surat, shall do so under the protection of the British flag. If they are of the Islam faith, and they wish to settle their disputes according to the Mahomedan Sharah, they shall be at liberty so to do, a person on the part of the Resident attending; and all differences among themselves shall be decided by the Resident. In the event of any of the Imaum's subjects being concerned in the disputes, they shall be decided by an agent on the part of the Resident (or by himself, if he pleases) and the Governor conjointly. If the Imaum's subject is wrong, the Government shall punish him; if the British subject is wrong, the Resident shall punish him. And all dependents of the factory, of every denomination, from

[for art. xii, see p. 71.]

broker downwards, shall be wholly under the protection of the British flag, and the control of the Resident, who alone shall possess the power of punishing them, and redressing all complaints against them.

PERSIA.

Treaty, 4 March, 1857.

IX. The High Contracting Parties engage that, in the establishment and recognition of Consuls-General, Consuls, Vice-Consuls, and Consular Agents, each shall be placed in the dominions of the other on the footing of the most favoured nation. And that the treatment of their respective subjects, and their trade, shall also, in every respect, be placed on the footing of the treatment of the subjects and commerce of the most favoured nation.

Order in Council, 13 December, 1889.

"Whereas, by Treaty, grant, usage, sufferance, and other lawful means, Her Majesty the Queen has power and jurisdiction in Persia :"

For the purposes of this Order, Persia does not include places which are included in the two following Orders relating to the Persian coasts and islands.

Disputes as to whether a place is in Persia or within the limits of the Persian coasts, are to be determined by the Consul-General; his decision is to be conclusive unless the Secretary of State otherwise directs.

PERSIAN COASTS AND ISLANDS.

Order in Council, 13 December, 1889.

"Whereas, by Treaty, grant, usage, sufferance, and other lawful means, Her Majesty the Queen has power and jurisdiction, in relation to Her Majesty's subjects, and others, in that portion of the coast and islands of the Persian Gulf and Gulf of Oman which is within the dominions of His Majesty the Shah of Persia."

The term "Persian coast and islands" is used in distinction to "inland Persia," and includes the territorial waters of Persia adjacent to the coast and islands.

KASHGAR AND YARKUND.

Treaty between the Government of India and the Ameer, 2 February, 1874.

VIII. The following arrangements are agreed to for the decision of civil suits and criminal cases within the territories of His Highness the Ameer in which British subjects are concerned :

:

(a) Civil suits in which both plaintiff and defendant are British subjects, and criminal cases in which both prosecutor and accused are British subjects, or in which the accused is a European British subject mentioned in Article III. of this Treaty [persons in the territory for trade or other purposes furnished with passports certifying their nationality], shall be tried by the British representative or one of his agents, in the presence of an agent appointed by His Highness the Ameer.

(b) Civil suits in which one party is a subject of His Highness the Ameer, and the other party a British subject, shall be tried by the Courts of His Highness, in the presence of the British representative, or one of his agents, or of a person appointed in that behalf by such representative.

(c) Criminal cases in which neither prosecutor nor accused is a subject of His Highness the Ameer shall, except as above otherwise provided, be tried by the Courts of His Highness, in the presence of the British representative, or of one of his agents, or of a person deputed by the British representative, or by one of his agents.

(d) Except as above otherwise provided, civil and criminal cases in which one party is a British subject, and the other the subject of a foreign Power, shall, if either of the parties is a Mahomedan, be tried in the Courts of His Highness; if neither party is a Mahomedan, the case may, with consent of the parties, be tried by the British representative or one of his agents; in the absence of such consent, by the Courts of His Highness.

(e) In any case disposed of by the Courts of His Highness the Ameer to which a British subject is a party, it shall be competent to the British representative, if he considers that justice has not been done, to represent the matter to His Highness the Ameer, who may cause the case to be retried in some other Court, in the presence of the British representative, or of one of his agents, or of a person appointed in that behalf by such representative or agent.

IX. Extension of rights and privileges under the Treaty to the subjects of all Princes and States in India in alliance with His Majesty.

X. Every affidavit and other legal document filed or deposited in any Court established in the respective dominions of the high contracting parties, or in the Court of the Joint Commissioners in Ladakh, may be proved by an authenticated copy, purporting either to be sealed with the seal of the Court to which the original document belongs, or in the event of such Court having no seal, to be signed by the Judge, or by one of the Judges of the said Court.

XI. When a British subject dies in the territory of His Highness

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