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A COLLECTION OF 

TREATIES, ENGAGEMENTS 

AND SAN ADS- ,.. , 

RELATING TO INDIA AND 
NEIGHBOURING COlJffTi<?liS ; :: , 

COMPILED BY 

C. U. AITCHISON, B.C.S. 

1 TJNDER-SBCRKTARY TO THK OOVUtNMlIM OI' 1N11IA 
IN THi; VOREION 



VOL. XIII 

CONTAINING 

THE TREATIES, &c., RELATHflTTO 

TURKISH ARABIA, ADEN AND SOUTH COAST 

F ARABIA, SOMAHLAND, R. SHOA, AND ZANZIBAR 



Revised and continued up to the tst June 
By the authority of the Foreign Department 

- -TamLiiiurriid ri-if..iiii-|ijiiinnini.jTiLinil. 



CAJrtJTTA 

SUPERINTENDENT GOVKRNMKNT PRIN1 IN(i, INDIA 

1909, 



Prtc* town RupMs and Eight Annas *>r JKlwt* SMttittgt, 



CONTENTS. 



PART I. 

TREATIES AND KXGAGKMENTS RSLATISG TO TUKKISH AKA2UA. 



NARRATIVE ......... * * * 

TREATIES, ETC*, tto, 

J. Farman granted by Sulalman Pasha for privilw* erf 

trade to the English, 1750 . . , * 7 
II. Imperial Karman, coiivUlutiiitf Robert <ianlt*n. i*Xij. f 

Consul in Basra h, \?**\ . . * ? 

III. Jiripon<il Otfouuui J)iplin,i f<.i fhr ,f,ib!, hn.rnt >i 
a Hntish Con,suUt<> ,i1 IUj;hi,ui, tUu*1 * 4 ntl N^v^ni- 
bori8oj ...... .in 

IV. Turkisli noio on the n*s1or.ition of frictuUv ifUUcti*. 

with tlieKttHidmtat Kijifhii.Kt, iKitx * * .11 
V* Decnw of tho.Pasha of lU&hflul ior pn xmliu-; tho 

dewHrtirm of Bailor* at iiisnth, iHia , * ut 
VL Decree ol the Pasha of H-ifthtUri fur hr n'stor.&tiMfi of 

natiOw >f India brou^Ut io JUsruh ,issUvfr. iHi j . i j 
VJU, Loiter from 1 ho. Pasha of iiiijL:hd.u! *n MM.' t<* rri1orr 

the privdrtfrs >! tjjo ]{f 4 Hi(U'itt .L I 1 . .M.th. . 13 
VHI. Order of UK* P.ish.Loi Jla^hdad ^oiiiiniun^ the* pnvt!r"v"-j 
njoycd by British mibjectji at Risr.Ut* fl.^iMi .*f,'i 
October 1831 ....... t' 

IX. Ini{)criil Karnmn for the pn>U*ciwm of KtiKhnh *trn 
vessels naxir'iiin^ th l ; phr.if<"-, *Iiitt*i rf^th 
Doccmbor 18,34 - . * , . . 16 

X* Na^t verbal* ior rrpUt in^ tho Gnwct by anothrr vt*Hj*t;l 

on tho ICuphratcH. dated i^th July iHrw# , 17 

Farman ftir tho conftKCtitum oi 1'urklnh vt'fw*el?i 
engaged in tho aUive tracks daU-il ^jiti January 
21847 4 ..... i; 

Waairial icuHractions Ior tto& supproHRiou of tho Aln- 

can filavo trade . , , , * * . iH 
JuHtructions iwued by tho Swblima Porte to the P,sh.i 
of Baghdad* regarding th nupprowion oi tlm 
African Jaw trade, dated 6th April 1847 19 
Treaty ticrtween Great Britain and TtirJwy, <U1i'i| .'Mh 

August i^8i ...... * ,10 

XIII. 2*!n^*i^rifu(*a1 for llu* exirnsion of a tH^nq'h hm Irniu 
Daghclad to ftasnth ;tui 1* Kiun,tLiu lUtisi *uth 
October tKo^ . . . , . aK 

XIV. &mvntbn Ix^twwn <Sn*.fct Hriuin .tud Turkey !tr 

tho CHtablHlHlHait ul N U '{.iphii t oiHtUU!lkt4.ti(in 

between IntUii and tlm OUnm&u donumas t 
SrdS^ptfnibe 

~vi. xni 



CONTENTS, 



PART II 

TREATIES ASD ENGAGEMENTS RELATING TO ADEN AND SOUTH 
COAST OF ARABIA. 



i. ADEN. 

PAGE. 
NARRATIVE 43 

(i) THE ABDALI. 
NARRATIVE 43 

TREATIES, ETC., No. ,' TR3 

XV. Treaty of commerce concluded with the Sultan of 

Aden, dated 6th September 1802 . ... 75 

XVI. Treaty of friendship concluded with the Sultan of j 

Abdah, dated 2nd February 1839 . . 78 

Treaty entered into ty Sultan Mobsm Fadtbl, engaging 

net to permit insult or molestation on the rbads to i 

Aden, dated 4th February 1839 .... 79 

XVII. Bond entered into by Sultan Mohsin Fadtbl, renewing 
his professions of peace and goodwill, dated i8th 
June 1839 ....... 80 

XVIII. Treaty of peace entered into by Sultan Mohsin Fadthl, > 

dated ii th February 1843 81 

XIX. Bond entered into by the Sultan of Lahej on the res-* 
toration of his stipend, dated 2oth February 

1844 83 

XX. Treaty of commerce concluded with the Sultan of NAJ 

La hej, dated /th March 1849 .... 84 , 
XXI. Convention concluded with the Sultan of Lahej for an < TR 1 

aqueduct between Shaikh Othman and Aden, 

dated ;tb March 1867 88 

XXII. Agreement concluded between the Abdah and the 
Haushabi regarding the Zaida lands, dated 5th 

Mayi88i 89 

XXIII. Agreement entered into by the Abdah taking the $ 

Subaihi under their control, dated 5th May 1881 . 91 
XXIV. Agreement with the Abdah Sultan for the purchase of 

Shaikh Othman, etc., dated 6tb February 1882 . 93 
XXV. Agreement of friendship and peace executed with the 

Etf-Haushabi Sultan, dated 6th August 1895 . 96 

(2) THE SUBAIHI. 
NARRATIVE < 47 j 

i TsTA 

TREATIES, ETC., No. 

> TR 

XXVI. Engagement of amity entered into by the Subaihi { 

Chiefs in 1839 ..... 97 f 
XXVII, Agreement entered into by certain sections of the 
Subaihi tribe for the protection of the roads at 
Aden, dated 1 3th May 1871, . . * ,101, 



CONTENTS. Ill 

I. ADEN continued. PAGE. 

(2) THE SUBAIHI -conceded. 

XXVIII. Bond of the Mansuri Chiefs for the good behaviour of 

the Kuraisi, dated 1 3th May 1871 . . . 103 

XXIX. Engagement entered into by the Atifi Chiefs for the 
protection of the shipwrecked British subjects, 

dated 1 3th May 1871 104 

XXX. Protectorate treaty with the Atifi, dated i/th Septem- 
ber 1889 106 

XXXI, Protectorate tieaty with the Barhemi, dated 2ist Sep- 
tember 1889 1 08 

(3) THE FADTHLL 
NARRATIVE 49 

TREATIES, ETC., No. 

XXXII. Bond by the Chief of the Fadthli for the good behaviour 

of his tribe, dated 8th July 1839 . . . .no 

XXXIII. Bond by the Fadthli Sultan for the security of the roads 

to Aden . . . . . . 1 1 1 

XXXIV. Agieement of the Fadthli Chief consenting to the resi- 
dence of a sen at Aden, dated 27th May 1867 I 12 
XXXV. Agreement of the Fadthli Chief for the abolition of 

transit dues in his territory, dated 6th May 1872 112 

XXXVI. Agreement defining the boundaries of the Fadthli and 

Abdali lands, dated 3rd May 1 88 1 . . . 114 

XXXVII. Protectorate treaty with the Fadthli, dated 4th August 

1888 115 

(4) THE AKRABI. 
NARRATIVE 52 

TREATIES, ETC., No. 

XXXVIII. Engagement of peace and friendship with the Akrabi 

Chief, dated 4th February 1839 . . . .116 
XXXIX. Agreement of friendship entered into by the Akrabi 

tribe, dated 12th April 1857 . . . ,117 
XL. Agreement of the Akrabi Chief regarding the sale of 

Jebel Ihsan, dated 23rd January 1863 . . . 118 
XLI. Engagement of the Akrabi Chief for the sale of Little 

Aden, dated 2nd April 1869 . . . .119 
XLI I. Agreement for the purchase of land from the Akrabi 

Chief, dated 1 5th July 1888 . . . .121 

XLIIL Protectorate treaty with the Akrabi, dated I5th July 

1888 122 

(5) THE UPPER AULAKI. 
NARRATIVE S3 



TREATIES, BTC., No. 

XLIV. Treaty of peace and friendship with the upper Aulaki 

Shaikh, dated 8th December 1903 

XLV. Treaty of peace and friendship with the upper Aulaki 
Chief, dated 1 8th March i OOA .... 



123 
125 



Vi CONTENTS. 

I , ADEN continued. 

(14) THE WAHIDI. PAGE 

NARRATIVE , 62 

TREATIES, ETC., No. 

LXIX. Protectorate treaty with the Wahidi Sultan of Bir AH, 

dated soth April 1888 164 

LXX. Protectorate treaty with the Wahidi Sultan of Balahaf , 

dated soth April 1888 166 

LXXL Fresh Protectorate treaty with the Wahidi Sultan of 

Balahaf, dated i $th March 1895 .... 167 
LXXII. Fresh Protectorate treaty with the Wahidi Sultan of 

Bir All, dated ist June 1896 .... 170 

(1 5) THE KATHIRI. 

NARRATIVE 65 

(16) SHEHR AND MOKALLA. 
NARRATIVE 66 

TREATIES, ETC., No. 

LXXIII. Engagement by the Nakib of Mokalla for the abolition 

of the slave trade, dated I4th May 1863 . . I7 2 

LXXIV. Engagement by the Nakib of Mokalla for the abolition 
of the slave trade m his territory, dated 7th April 

1873 *73 

LXXV.Engagement of the Jamadar of Shehr for the abolition 

of the slave trade, dated i7th November 1873 . 173 
LXXVI. Agreement granting a stipend to the Nakib of Mokalla, 

dated 29th May 1882 174 

LXX VII. Protectorate treaty with the Mokalla Chief, dated ist 

May 1888 176 

(17) SANAA. 
NARRATIVE 69 

TREATIES, ETC., No. 

LXX VIII. Treaty concluded with the Imam of Sa,naa on the isth 

January 1821 78 

LXXIX. Commercial treaty with the Governor of Mokha, 

dated ist September 1840 182 

(18) SOKOTRA AND KISHN. 
NARRATIVE 72 

TREATIES, ETC., No. 

LXXX. Agreement with the Sultan of Sokotra for the storage 

of coal, 1834 183 



CONTENTS. Vli 

I .ADEN concluded. 
(18) SOKOTRA AND KISHN concluded. PAGE. 

LXXXL Agreement granting a stipend to the Sultan of 
Sokotra for the protection of shipwrecked sailors, 

dated 23rd January 1876 184 

LXXXII. Protectorate treaty with the Sultan of Sokotra and Kishn, 

dated 23rd April 1886 185 

LXXXIIL Protectorate treaty with the Mahri tribe, dated 2nd 

May 1888 187 



CONTENTS. 



PART III. 

TREATIES AND ENGAGEMENTS RELATING TO SOMALILAND AND SHOA. 

PAGE. 
x SOMALILAND. 

NARRATIVE ........... 189 

TREATIES, ETC,, No. 

LXXXIV. Treaty of friendship and commerce with the Shaikhs 

of the Habr Awal tribe, dated 6th February 1 827 . 195 
LXXXV. Commercial treaty with the Chief of Tajoura, dated I9th 

August 1840 ....... 196 

LXXXVL Commercial treaty with the Governor of Zaila, 

dated 3rd September 1840 . . . . jpg 

LXXXVIL Treaty of peace and friendship with the Habr Awal tribe 

of Somalia, dated 7th November 1856 . . . 200 
LXXXVUL Engagement with the Habr Gerhajis and Habr Toljaala, 

for the abolition of the traffic bi slaves, dated 1855 202 
LXXXIX. Treaty with the Habr Awal, dated uth July 1884 4 204 
XC Supplementary treaty granting protection to the Habr 

Awal, dated 1 5th March 1886 . 2 o6 

XCI. Treaty with the Gadabursi, dated i rth December 1884 . 208 
XCIL Treaty with the Habr Toljaala, dated 26th December 

1884 ......... 210 

XCIIL Supplementary treaty granting protection to the Habr 

Toljaala, dated ist February 1886 . . 212 
XCIV. Treaty with the Esa tribe, dated 3ist December 1884 214 
XCV. Treaty with the Habr Gerhajis, dated I3th -January 

1885 ........ ,216 

XCVL Supplementary treaty granting protection to the 

Gerhajis, dated ist February 1886 . . . , 217 
XCVIL Treaty with the Warsingli, dated 2/th January 1886 . 219 
XCVIIL Engagement by the Mijjertain tribe of Somalis for the 
discontinuance of the export of slaves, dated 20th 
February 1866 ...... m 22 2 

XCIX. Engagement for the protection of shipwrecked cre'ws by 

the Mijjertain Somahs, dated ist May 1884 , , 223 



NABRATIVE 

TREATIES, ETC., No. 

C. Commercial treaty with the King of Shoa, dated i6th 
November 1841 ..... , 



PART I. 

TREATIES, ENGAGEMENTS, AND SANADS 

relating to 
TURKISH ARABIA. 

THE relations of the British Resident in Turkish Arabia with the local 
Turkish authorities are regulated more by the requirements of 
European than of Indian diplomacy, and by the obligations recorded in the 
treaties between Great Britain and Turkey, of which those most commonly 
referred to are included among the appendices to this volume. * But in 
connection with the early trade in the Persian Gulf, direct intercourse was 
for many years maintained with the governors of Turkish Arabia without 
much consideration of their relation to Constantinople. In the year 1639 
there seems to have been an English factory at Basrah (Bussorah) subordinate 
to the factory at Gamrun, and protected by farmans. In 1728 Mr. French, 
the Agent at Basrah, obtained a farman conferring on the Agent power to try 
the servants of the factory who were guilty of crime, and providing for the 
adjustment of claims on the people of the country; and in 1731 he obtained 
another farman, fixing 3 per cent, as the duty to be taken on English goods 
at the port of Basrah. But the first farman on record is one granted in 
J 7S9 (No. I) by the Pasha. The factory at Basrah was never recognised 
by the Sublime Porte till 1764, in which year the Ambassador at Constan- 
tinople, with much difficulty, obtained a consulary Barat (No. T I) as the 
only efficacious means of protecting English commerce and the property of 
English subjects at Basrah. 

In 1765 it was proposed to appoint an Agent permanently at Baghdad, 
but the proposal was disapproved by the Court of Directors. In 1783, how- 
ever, a Native Agent was appointed, and in 1798 a Resfdentj whose chief duty 
was to transmit intelligence overland between India and England, and to 
watch and report on the proceedings of the French emissaries in connection 
with Napoleon's projected invasions of India by way of Egypt and the Red 
Sea. In 1802, on the death ol Sulaiman Pasha, who had governed Baghdad 
for twenty years, and the appointment of his son-in-law AH Pasha to succeed 

* See Appendices Nos. I & II. 
VOL, XIII. B 



Turkish Arabia, Part I 



him, Lord Elgin, His Majesty's Ambassador at Constantinople, took the 
opportunity to procure a consulary Barat (No. Ill) for the Resident at 
Baghdad, whose appointment had till then never been sanctioned by the 
Sultan. 

On the rupture between England and Turkey in 1807, Sulaiman Pasha, 
who had succeeded to the government of Baghdad on the murder of his 
uncle, All Pasha, took the Residents at Basrah and Baghdad under his 
protection and persuaded them not to withdraw from the country. But after 
the conclusion of the Peace of the Dardanelles in 1809 he, for unexplained 
reasons, committed himself to a series of indignities and insults towards the 
Resident at Baghdad, which compelled the latter to withdraw. Friendly 
intercourse was not renewed till, on the remonstrance of the Bombay Govern- 
ment, the Pasha, on the 25th January 1810, subscribed to certain conditions 
(No. IV) binding himself never to interfere in the affairs of the Residency and 
to restore the former privileges of the Resident. 

The Baghdad and Basrah Residencies were amalgamated in 1810 ; and 
in 1812 the designation of Resident was changed to that of Political Agent 
in Turkish Arabia, Two decrees were obtained from the Pasha in 1812, one 
(No. V) for preventing the desertion of sailors and workmen from British 
ships at Basrah, and the other (No. VI) for the restoration of natives of 
India carried off to Basrah as slaves. 

Sulaiman Pasha was deposed from office by order from Constantinople. 

Refusing to obey, he was defeated in battle and killed on the 5th October 

1 8 10. His successor, Abdulla Pasha, was put to death by the Muntafik 

Arabs in 1813, and Said Beg was proclaimed Pasha. On receiving an order 

from Constantinople deposing him from office, he rebelled, but was defeated 

and put to death, and was succeeded in the government by Daud Effendi. 

The conduct of this Pasha towards the Political Agent was so insulting and 

overbearing that it became impossible to land goods at Basrah, or to recover 

debts from native dealers, without an unseemly quarrel In 1821 he besieged 

the Residency. He afterwards removed the restrictions on the movements of 

the Political Agent and permitted him to withdraw from the country. The 

establishments at Basrah were also withdrawn. Friendly relations with the 

Pasha were broken off, and were not renewed till he agreed (No. VII) to 

restore the former tariff, to repay all that he had levied in excess of it, as well 

as the value of all goods injured or destroyed, and to treat future Agents of 

the British Government and all travellers with respect. 

On the 12th June 1831 Daud Pasha was removed from office and Haji 
Raza (Radha) Pasha was appointed in his stead. On his accession he 
issued a Buyurldior Order (No. VJJI), confirming the privileges enjoyed by 



Part I Turkish Arabia. 



British subjects. In 1834 a scheme was formed for overland communication 
between India and England by the Persian Gulf and Turkish Arabia. Two 
steamers were sent out from England to open up the route and navigate the 
Euphrates. A Farman (No. IX) was granted by the Sultan of Turkey in 
1834 for the protection of the steamers. In addition to these two vessels, an 
armed despatch boat, the Comet \ was for many years attached to the Resi- 
dency for service in the waters of Turkish Arabia. In 1864 the Porte sanc- 
tioned provisionally the retention of the Comet : , and in 1869 consented 
(No. X) to a new vessel of war being sent to replace her. 

In 1835 the Political Agent in Turkish Arabia, who had till then been 
under the Bombay Government, was put directly under the control of the 
Supreme Government. In 1841 the powers of a Consul General were conferred 
on the Agent by Her Majesty's Government, In 1879 the Consular status 
of the Assistant Political Agent was raised from Vice-ConsuI to Consul, with 
a view to increasing the weight of his official communications with the 
Turkish authorities. The exercise of the Consular powers of the Agent and 
his Assistant is regulated by the Ottoman Order in Council of 1899. * 

The measures which the British Government adopted for the suppression 
of the slave trade in the Persian Gulf could not be made effectual so long as 
the Turkish ports remained open to vessels engaged in the traffic. In 1847, 
therefore, Her Majesty's Minister at Constantinople obtained from the Sultan 
a Farman (No. XI) which was supplemented by instructions to Najib Pasha, 
the Governor of Baghdad. These documents authorised the confiscation of 
Turkish vessels engaged in slave traffic; the exclusion of Arab and Persian 
slavers from Turkish ports in the Persian Gulf ; and the delivery of liberated 
slaves to British vessels to be carried back to their native country. IP 1881 
a Convention (No. XII) was arranged between Great Britain and Turkey 
Among its provisions is one authorising British cruisers to visit, search and 
if necessary, detain any Ottoman vessel engaged in the traffic in African 
slaves in the Persian Gulf, with a corresponding reciprocal clause in favour 
of Turkish cruisers. 

In October 1863 an Engagement (No. XIII) was made with the Sublime 
Porte for the continuation of lines of telegraph from Baghdad to Basrah and 
from Baghdad to Khanakin, in order to meet the Indian telegraph by way 
of the Persianpulf and the line through Persia to the Turkish frontier ; and in 
1864 a Treaty (No. XIV) was concluded between Great Britain and Turkey 
for establishing telegraphic communication between India and the Ottoman 
territory. _ 

Sec Appendix No. IK 
VOL, XIII, 2 - 



Turkish Arabia. Part I 



Up to the year 1871 Turkish territory on the east coast of the Arabian 
Peninsula had extended as iar south as Fao, at the mouth of the river Shatt- 
til-Arab. In that year Abdulla bin Fazi, Amir of Nejd, invited the Wali of 
Baghdad to assist him against his brother, Saud The Turks with Abdulla's 
aiil and ostensibly on his behalf, occupied Katif and the oasis of Hasa ; 
and then declined to make them over to Abdulla. 

At that time the Pashahk of Basrah was incorporated with that of 
Baghdad. Four years later it was separated^ to be re-incorporated in 1880. 
In 1884 ft * vas again separated and the districts of Amara, Muntafik, and Hasa, 
each ot uhich is governed by a Mutasarrif under the Wali of Basrah, were 
included in it. Various branches of the administration, however, were left 
under the control ot departments in Baghdad, e g. } customs, posts, tele- 
graphs, and tribunals This arrangement continues at the present time 
(iyo6;. The Pashalik of Basrah extends from Ali Gharbi on the Tigris and 
Ka!at-ul~Daraj on the Euphrates to Bidaa in the Persian Gulf, a distance 
of about 600 miles It is bounded on the east by Persia and the Persian 
Cult, and on the west by the Nefud and Syrian deserts. 

In 1880 a Russian Consul was appointed at Baghdad. From 1886, 
however, he was withdrawn, and from that time till 1889 Russian interests 
in the Wilayat were guarded by the French Consul In May of that year 
the Russian Consulate was re-established, and on the i6th January 1901 it 
was raised to a Consulate General with a European Chancellier as an 
Assistant. On the 2Oth May 1904 a European Vice-Consul was added to 
the staff. Neither Vice-Consul nor Chancellier remained long at Baghdad 
An Austro-Hungarian Consulate was established on the i6th May 1900 
Tne British Consul-General was in charge of Austrian interests from 
September 1903 till November 1904, when an officer of the Austrian 
Consular service arrived. Since December 1904 the French Consul has been 
in charge of Austrian interests. The French Consulate was reduced 

Con, ,T C T ate n ^ 25th June l897 ' but was *& ** to a 
Consulate in February 1906, A Consulate of the United .States of America 

^e Si r *? r n ? Iay I889 > but was red - d * * ^^1 

the iSth July 1896. A Belgian Consul was appointed on the J 
gust:^ A Consul for Norway and Sweden /as appointed on he 



Part I Turkish Arabia, 



In 1880 it was ruled that Nejd or Central Arabia and its affairs should 
come within the cognizance of the Political Agent in Turkish Arabia instead 
of the Resident in the Persian Gulf at Bushire, In 1882 the designation of 
the British officer posted at Baghdad was changed by the Government of 
India from "Political Agent" to "Political Resident" in Turkish Arabia. 

In 1880 the Turkish Government, in an official letter to the Wali of 
Baghdad, recognised the British Consul at Basrah as charged with the 
protection of Greek interests in that town. In 1897 he was charged with 
the protection of Italian subjects, and in 1901 with that of Austro-Hungarian 
subjects. The Assistant Political Agency and Consulate at Basrah was 
transferred to the London Foreign Office in 1898, and the first Consul was 
appointed by the Secretary of State on the 22nd September 1898. In 1899 
a Consular Agent of the United States of America was appointed at Basrah. 

In 1886 the British Consular " desert post " which had been maintained 
since 1844 more particularly for the transmission of weekly despatches across 
the desert of Shamiya to Damascus, and thence by mail cart to the Medi- 
terranean, was relinquished. It was formerly maintained by the Government 
of India for political reasons. Under the international postal system, the 
Ottoman Government started a dromedary post of their own over the same 
route 

In 1887 the British Government withdrew the British Vice-Consulate at 
Mosal, and that province is now included in the sphere of action of the 
Resident in Turkish Arabia. 

The post of British Consular Agent for Karbala and Nejf, with head- 
quarters at Karbala, was created on the 23rd October 1893. On the 3ist 
August 1903 the post was raised to that of a Vice-Consulate, A British 
Consular Agent at Mosal was appointed on the 26th February 1894. He 
works under the orders of the Resident in Baghdad, In 1895 the premises, 
hitherto rented by the Government of India for the Assistant Political 
Agent at Basrah, were purchased by the Government of India in the name 
of the British Embassy at Constantinople, In 1900 a site for a new 
Residency at Baghdad was similarly purchased. 

From the ist June 1903 the rates of postage for non-official letters, post- 
cards, news-papers, books and pattern and sample packets between Baghdad 
and India were changed, and for this purpose Baghdad was no longer 
treated as a town in British India but as a foreign town and placed under 
the union rates of postage for these articles : but for official communications, 
soldiers' and seamen's letters, parcels, value-payable articles, and money 
orders the rules of the Indian inland post still hold good. 



Turkish Arabia Fao. Part I 



On the ist April 1904 the Residency Treasury at Baghdad adopted 
the Turkish instead of the Indian currency, and all payments and receipts 
are now made, and the accounts kept, in the local currency, 

FAO. 

Through the mediation of Great Britain and Russia the Turkish and 
Persian Governments mutually agreed in 1848 to abstain from placing 
fortified posts on either side of the Shatt-ul~Arab. Since 1886, however, the 
Turks, despite remonstrance, have been engaged in erecting fortifications at 
Fao on the right bank of the river. A small square fort is now in 
existence at Fao, but it has no guns. 

In March 1890 Commander Boldero of Her Majesty's Ship Sphinx^ 
under instructions from the Commander-in-Chu'f on the East India Station, 
arrived off Fao with the object of visiting and reporting on the fort. lie 
was accompanied by Her Majesty's S S. Griffin and Redpole. On attempt- 
ing, however, to land, Commander Boldero and his party were fired upon 
by the garrison and withdrew. For this outrage the* commandant of the 
fort was condemned to six months* imprisonment and dismissal from his 
post, and Commander Boldero was eventually allowed by the Sultan's orders 
to carry out his visit to the fort. In connection with this incident the Porte 
was informed that the British Government attached important e to the dis- 
continuance of the fortifications at Fao. 

In 1891 the International Board of Health at Constantinople decided 
to transfer the quarantine station on the Shatt-bl-Arab from Basrah to Fao, 
on the ground that shipping entering the river could be more easily con-* 
trolled from Fao than from Basrah. At the same time the local Turkish 
authorities commenced levying quarantine dues at Fao and Dowasir, both 
on vessels entering and on vessels leaving the river, and in 1893 the Turks 
went so far as to claim that Mohamerah was Ottoman territory, and that 
all goods imported to, or exported from, that port should pay duty either at 
Fao or Dowasir. 

!n order to protect Indian craft coming up the Shatt-ul-Arab against 
these absurd claims a Consular Agency was established at Fao on the *3th 
January 1896. About the same time His Majesty's ship Lapwing was 
ordered to Fao to assist in protecting British shipping* In consequence of 
these measures the Porte decided to permit British ships to go to Basrah 
or Mohamerah without touching at Fao, and directed that they should be 
medically examined &t Basrah only* The Consular Agency at Fao was 
therefore not so necessary as before and -was placed in abeyance in Septem- 
ber 1897. 



Part I Turkish Arabia Nos, I and II. 7 

NO, I. 

TRANSLATION of SOLEIMAN PASHA'S GENERAL FIRMAN,- 

*759< 

To the Chief of the Siads, Zous, and Freeholders, our A<*a, the 
Motusullim of Bussora, for the time being (whose state God increase), be it 
known unto you that niy commands are as follows: In the city of our 
great Sultan called Bussora, there is an English Balios, or chief of the 
merchants, etc., his nation being in peace with our high Porte whose 
grandeur God continue everlastingly; theiefore, there are in his hands the 
high and respectable capitulations of our lofty Porte, to which all submis- 
sion must be paid, and it behoves all men to obey the orders therein con- 
tained. Therefore, in the manner that it is commanded and ordered in 
said high capitulations, article by article, whether regarding the customs 
and all things relative thereto, or whether regarding other raatti-rs, or 
whether the respecting, favouring, assisting, and profc'rting^ the said 
English Balios and his effects agreeable to the Raid high capitulations, you 
must, as ordered by our great bultan, In all things conform and pay obedi- 
ence thereto, and you must not in any the least respoct depart from, or act 
contrary to, said respected capitulations ; and this our Booyooroldi or order 
I send you for this purpose. When it arrives yoti be it known unto you 
that it is by us directed that, conformable to the said high capitulations, 
which are the commands of our great Sultan, th<* English Bulios you are to 
aid, assist, and protect, and in all other respects you are tu pay obedience 
thereto, and from the letter of the said high capitulations you must not in 
any respect depart, and agreeable to this our order or Booyooroldi you are 
commanded to act 



L.Signamli 

Mohuruui 

1173. 



No. IL 

LITERAL TRANSLATION of the IMPERIAL FIRMAN constituting 
ROBERT GARDKN, ESQ., CONSUL IN BUSSORA, issued 
on the 27th day of the month SUM<KR in the year of the 
HEGIRA 1178 A.D. 1764, 

(Sd.) SAMUEL MANESTY, 

Resifont. 

In these times the English Ambassador residing at our Court, Henry 
Nevile, Esq., has presented to us a formal memorial to the following effect 



io Turkish ArabiaNo. III. Part I 



their affairs in the city of Bussora, or other places the reto belonging, or 
dependent thereon, granting, however, to the said Mr. Robert Garden, or 
even to any who shall be Agent in future, full and ample power in all things 
belonging to his charge, and in this respect we order all His Britannic 
Majesty's subjects to acknowledge him in other quality of British Consul, 
praying their Excellencies the Hon'ble Pasha and other Officers, Ministers, 
and Magistrates of the Ottoman Empire, to whom these presents shall be 
shown to suffer them freely to enjoy and amply and peaceably to enjoy their 
Consulship, and to aid them with their assistance, protection and favour, 
whenever their occasions lead them to have recourse to them, conformable 
to the good and ancient friendship subsisting between the Crown of Great 
Britain and the Sublime Porte and conformable to the sacred capitulations. 

In faith of which we have signed these presents with our own hands 
and have caused it to be countersigned by our chief Secretary, applying 
thereto the royal Seal of our embassy. 

Done in our palace of Per a at Constantinople this 2*)th August 



No. III. 

TRANSLATION of an IMPERIAL OTTOMAN DIPLOMA granted to 
HARFORD JONES, ESQ., BRITISH CONSUL of BAGDAD and 

the ENVIRONS. 1802. 

At the request of Lord Elgin, English Ambassador to the Sublime Porte, 
in a memorandum given to us by him, to wit, that in consequence of the 
capitulations, the English Minister having named Consuls at the ports of 
Aleppo, Alexandria, Tripoli of Syria, Algiers, Tripoli of Barbary, Tunis, 
Scio, Smyrna, Egypt, and other ports requiring custom houses, and wishing 
shortly to change or replace them by others, and having for the present 
assigned and established as Consul in the city of Bagdad and its environs, 
Harford Jones, Esq., a British subject, and residing in the said uty of 
Bagdad, in order to protect the affairs of British merchants established 
there, or of travellers, we have given him our Imperial Birat in conformity 
with the requisitions of the saicl capitulations, confirming and ordaining the 
said Harford Jones, Esq., as Consul in the said city of Bagdad, that in 
conformity with the said capitulations the affairs of merchants and travellers 
under the protection of the British flag in this country, in cases of difficulty 
arising, should be referred to him, and that the departure of all vessels 
should take place only under his cognizance, and that no public servants 
under his orders should be molested under the pretext of tribute, or certain 
regulations entitled Kharatst, neither of others named Avari%> nor of such 
as is levied by ships called Cassab Akeessi, or other arbitrary impositions 
called Tekialifi Or/ye j that no one shall exact the Khar&ts nor other dues 
for male and female slaves in his service, and that no person shall interfere 



p ar t i Turkish Arabia No. IV. ' ix 



nor obstruct the domestic affairs of the said Consul, but on the contrary, 
they shall be free from all impositions according to the prevailing customs 
neither shall they be subject to the customs or excise duties ; that the 
Consul being established by the British Ministers is not subject to 
imprisonment ; that his house cannot be closed or searched, or ^ have any 
body of troops lodged therein ; that assistants and slaves belonging to him 
shall be free and exempt from Kharatz and Avaris, Cassah Akeessi) 
Tektalifi Orfye ; that any complaint made by any person against him 
shall be referred to us and cannot be disposed of by any other means ; that 
should the said Consul find it necessary to travel into any part of the 
country, either by land or by sea, at any stations or ports he may arrive at, 
no one shall molest him or his servants, or cuttle or baggage, guides, or any 
thing connected with him ; that any captain of country vessels on being 
paid shall be compelled to carry his pnni.siohs according to the prevailing 
regulations, and that no one shall seek pretext for disputes against him ; 
and that in dangerous parts of the country he be allowed to wear a white 
turban, sabre, bow, or other warlike instruments. 

That all judges and commandants or others shall not molest him, but 
shall assist and protect him, and shall prevent any one from throwing 
obstacles in his way, and always behave towards him in conformity with the 
capitulations, and that no one shall presume to oppose, but on the contrary, 
shall give every credence to this decree, given under our most respectable 
and noble Seal 

Given tinder our hand this Jth day of the moon of Re jib /stif, that 
is to $ay % 2nd November 1802, at our city of Constantinople. 



NO. IV. 

LITERAL TRANSLATION of the TURKISH NOTE delivered in by 
the RESIDENT to the PASHA as the TKKMS on which the 

RECONCILIATION WRS to be KFFKC'TEI), to the CONTENTS of 

which the PASHA signified his unqualified ASSENT. 1810. 

ARTICLE i. 

The Pasha must renounce all species of authority or command in any 
shape over the Resident, as such is neither warranted either by usage: or 
the treaties. 

ARTICLE 2, 

The Pasha shall never, on any pretext whatever, interfere in any 
manner with the ^affairs and arrangement of the Resident respecting his 
establishment, his customs and rights, his beating drums, eta, etc*, and 



12 Turkish Arabia No. V. Part I 



there shall be, on no account, objections made to any of the Resident's 
orders, as such matters in no way concern the Pasha, nor come under his 
cognizance; particularly there shall be no objection made to the celebration 
of His Biitannic Majesty's birth-day in the most public manner, with all the 
necessary ceremonies In a word, there shall be no species of objection or 
interference in any of the Resident's states and ceremonies. 

ARTICLE 3. 

The Pasha shall never prohibit the customary interchange of visits 
between the great officers of the Turkish Government and the Resident. 

ARTICLE 4. 

The Resident has never, nor will ever, show the least disposition to 
any undue interference in the Pasha's affairs or Government, and will show 
ever}' readiness to comply with the Pasha's wishes, provided they do not 
interfere or are not contrary to any of the Articles of this Treaty, or the 
interests of the British Government ; and so it is agreed for the benefit of 
both parties. 

ARTICLE 5. 

Whenever the Pasha shall have any business with the Resident he 
shall make it known to him by one of his own confidential men of rank ; 
also should the Resident ever have any important business, and demand 
confidential persons on the part of the Pasha to converse with, there shall 
be no objections made to it, and the person required shall be immediately 
sent ; the benefits arising from this Article are clearly reciprocal. 

ARTICLE 6. 

There shall be no equivocation in any of these Articles. Should anv 
doubts hereafter arise relative to any particulars contained in the Articles 
2) ' ^ e *P lanati n of * sha11 be fe favour of the 



No. V. 



DECREE of the PASHA of BAGDAD for PREVENTING the DESER- 
TION of SAILORS at BUSSORA. 1812. 

t It is declared that the sailors and those who work on board the 



order to escape suc h chasfe,,,,, trf, tage 



Part I Turkish Arabia Nos. VI and VII. 13 

from, either yourself or the head captain of Shutel Arab (vulgarly called the 
captain Pasha) you shall by no means atford them protection/but deliver 
them up to the Agent at Bussora of the esteemed Resident of the British 
Government at Bagdad, in which intention this order has been \vritten, 
decreed, and transmitted. When this shall reach you by the power of 
the Most High, you will immediately regulate your conduct and act by the 
decree contained in it. 

No. VI. 

DECREE of the PASHA of BAGDAD for the restoration of NAIIVES 
of INDIA brought to BUSSORA as SLAVES, 1812. 

It is declared that, in consideration of the amicable relations subsisting 
between the sublime government of perpetual strength and internal stability 
(i.e., the Porte) and the British Government, whose friendship it behoves us 
to cultivate, should the captain or crew of ships trading on the seas, whether 
belonging to Bussora or Muscat, steal and bring subjects of the aforesaid 
government in India, either males or females, natives of India, for sale at 
Bussora in the manner of negro male and female slaves, and the Agent of the 
esteemed Resident at Bagdad for the British Government established at 
Bussora prove that the aforesaid male and female slaves are not negroes, 
but natives of India, who have been kidnapped, they shall be taken from the 
hands of the thieves and despoilers and delivered up into his hands, and for 
carefully establishing this clear law in the government this order is written, 
decreed, and transmitted with the power of the Most High. When this 
shall reach you, you will immediately regulate your actions and conduct by 
the Articles contained in it. 



No. VII. 

TRANSLATION of a LETTER from His HIGHNESS the PASHA OF 
BAGDAD to the POLITICAL AGENT at BUSSORA* 

After Compliments, The Dragoman of the English nation has arrved 
here, bearing a sealed despatch from the government and a letter from your- 
self containing the following demands : 

ARTICLE i. 

A compliance with all stipulations contained in the Imperial Treaties 
and regal firmans, ancient or recent. 

ARTICLE 2. 

The restitution of whatever was taken from Mr. Sturmey above the 
proper rate ot customs, and of such property of Mr, Scoododa as was 
damaged or lost. 



14 Turkish Arabia-No. VII. Part I 



ARTICLE 3. 

Whatever may be deemed to constitute the complete safety in every 
respect of the life property, and honour of all agents or vakeels of the govern- 
ment, of their protected dependants and subjects, together with an attentive 
regard for their views, wishes, a due estimation and honouring of them, and 
an admission of their rights to grant asylum and all other claims according 
to their ancient rights and customs ; and that they may entertain as many 
servants as they see necessity for. 

ARTICLE 4. 

Should hereafter an agent, not an Englishman, be established at 
Bagdad, he shall unquestionably meet with every proper honour and consi- 
deration as it is due to his station. 

ARTICLE 5. 

Bills of exchange shall not be taken from their shroffs by force, nor 
money from their dependants or proteges by compulsion, nor shall temporary 
or arbitrary taxes of any kind ever be levied on their landed or other 
property contrary to their due right and custom. 

ARTICLE 6, 

No tax, except one previously well-defined and arranged, shall be levied 
on boats the property of British subjects and proteges ; such, for instance, 
as pass between Bussora and Bagdad ; nor shall their boats be seized for the 
public service^; nor shall the property of merchants being British subjects or 
proteges arriving at Bagdad, otherwise than as is usual on the arrival of the 
same at Bussora, enter the custom house contrary to stipulation and covenant, 

ARTICLE 7* 

Should British subjects and proteges lose any property in the,iown or 
on public roads, and by theft or plunder, every exertion shall promptly be 

* 



made to recover the same. 



ARTICLE 8. 



^ ^ Should any dependant of the Government suffer from any of our sub- 
ject a offence or injury, the injured individual shall receive immediate satis- 
faction and reparation. 

ARTICLE 9. 

In commercial dealings goods having been bought shall not be returned, 
except on legal and just plea ; and commercial disputes shall be adjusted by 
an assembly of merchants according to mercantile usage. 



Part I Turkish Arabia No. VII. 



ARTICLE 10. 

Should British or Indian seaman desert, they shall not be forced to 
become converts to Islam, and in case of their willing conversion, they shall 
be subsequently delivered up to their duty in order to prevent any detriment 
to the interests of the ship. 

ARTICLE n. 

A spot shall be assigned on lease to the Resident for a house and garden 
wherever he may point out. 

ARTICLE 12. 

The proven claims of British proteges to be enforced on whomsover of 
our subjects it may be, without the smallest loss or injury to the claimants. 

We have considered and fully comprehend these demands, in like 
manner also as we are convinced of the very great and faithful regard of 
His Imperial Highness for the English nation ; with regard, therefore, to 
such part of them as are contained in those Imperial Treaties and royal 
decrees which are in their hands, it has even been fulfilled to them hitherto, 
and we shall continue likewise to observe it in time to come, and this, too, in 
due consideration of the fulness of that valued friendship and the abundance 
of ancient and lasting unanimity which has existed between the two States 
in ages past. 

With respect, however, to the overplus of customs taken from Mr. 
Sturmey and the goods lost to Mr. Scoododa, we have made investigation and 
discovered that the circumstances occurred by chance and not from premedita- 
tion ; we have consequently returned them to the Dragoman above mentioned, 
as we cannot consent to any conduct towards the British Government con- 
trary to Treaty and covenant our friendship for them being of ancient date 
and also in compliance with the engagements of our predecessors up to the 
present date. 

In conformity, therefore, with the firm and lasting alliance formed 
between the Imperial and British Governments with a view to confirm and 
.secure the foundation of that faithful alliance and to strengthen the bonds of 
the immutable and important union set forth in the Imperial Treaties and 
royal edicts which arc in their possession, and in conformity with ancient rule 
and former precedent, we have agreed to the observance of all the stipulations 
above mentioned; and have sealed this instrument as a proof of our consent, 
and delivered the same into the hands oi the Dragoman aforesaid. 

Be you therefore informed of this and consider it as fully efficient 

Seal 
of Daood 



Turkish Arabia Nos. VIII and IX. p ai t 



No. VIII. 

TRANSLATION of a BOYOOROOLDI from His HIGHNESS HAJEE 
ALI REZA, PASHA of BAGDAD, ALEPPO, DIARBEKIR, and 
MOUSUL, to the POLITICAL AGENT at BUSSORA, dated the 
syth Rubeeoos-sanee A.H. 1247, or 2n( * October A.D. 1831. 



Official 
Sign, 



To the spiritual leader of Islam, the Lieutenant (of the Qadhee of Con- 
stantinople) at Bussora, to His Excellency the Muftee Effendi of Bubsora, 
whose piety and excellence be increased) to the Chief of the exalted Ministry 
and Government the Motusullim Aga, be his rank and station increased, and 
to the elders and men of -weight of the Council and country, whose dignity 
be magnified. In reference to all affairs supervening at Bussora, and relating 
to the excellent Resident of England, the high and exalted Mr. Taylor, Balios 
Beg residing with our eternal government, and in observance of his tights 
and those of his agents, interpreters, and all his proteges and dependants, and 
of all the subjects of his government, and the merchants and ships arriving 
from Hindoostan, according to the stipulations and Treaties which have been 
arranged and ratified with our exalted State ; as they have been held in times 
preceding, to which we adhere, and for which we even exceed the former 
regard out of a wish to protect their rights ; so you also the Nayee Effendi, 
and Muftee Effendi, and Motusullim Aga, and Ayan (inferior ministers) will 
in likewise deport yourselves towards, and protect the rights and regard the 
just claims of the dignified Mr. Taylor, Beg, his agents, interpreters, proteges, 
and dependants, and the subjects of the government arriving from Hindoostan 
and their ships and merchants, and all others soever, conformably to what we 
have promulgated in this our Boyoorooldi, which you will on no account in- 
fringe : and thus be it known unto you. 



No. IX. 

TRANSLATION of an IMPERIAL FIRMAN of PROTECTION for the 
ENGLISH STEAM VESSELS destined to NAVIGATE the RIVER 
EUPHRATES, dated apth December 1834. 

a ^To their Excellencies the Viziers, Pashas of three tails, to the illustrious 
Miri Mirans, Pashas of two tails, to the learned Judges, to the Wainadas, 
Captains of Ports, and other Magistrates of places situated on both banks of 
the Euphrates, health, 



Part I Turkish Arabia Nos. X and XI. 17 



On receiving the imperial command, you will know as follows: The 
Ambassador Extraordinary and Plenipotentiary of Great Britain at Constan- 
tinople, Lord Ponsonby, one of the most illustrious personages among the 
Christian nations, has presented at our Sublime Porte an official note, by 
which'he intimates that the British Government requires permission to cause 
to navigate by turns two steam boats on the river Euphrates which flows at 
a small distance from the city of Bagdad, for the purpose of facilitating 
commerce. 

We in consequence issued to our very illustrious governor of Bagdad 
and Bussora, AH Reza Pasha, an order to furnish our Sublime Poite with 
information of the proposed navigation. 

Although the answer of the Pasha had not arrived, the Ambassador 
made representations on this point, informing our Sublime Porte the British 
Government awaited our reply. 

For this reason we have and do permit two steam boats to navigate the 
Euphrates by turns, and this navigation is to continue as long as, conforma- 
bly to what has been represented to us, it may prove useful to the two 
powers, and no inconvenience result therefrom, and it is to this purpose that 
an official rule has been transmitted to the British Ambassador, 

A firman couched in the same terms has been addressed to the Pasha 
of Bagdad and Bussora. 

"" Le 13 Jutilet* 
Sublime Porte. 

No. X. 

NOTE VERBALE. 1869. 

Le isJmllet. 

En r^ponse a la note verbale de PAmbassade de S. M. Britannique en 
date du 23 Juin, le Mmistre des Affaires Etrang&resa Thonneur de Pinformer 
que la S. Porte consent au replacement par un autre navire du batiment de 
la Marine Royal la Comete, se trouvant sur les rivieres de Mesopotamie, et 
qu* elle a transmis des ordres en consequence au Governeur-General du 
Vilayet de Bagdad. 

A I 1 Ambassade de S. M. Britannique, &c., &a, &c. 



No. XL 

TRANSLATION of an IMPERIAL FIRMAN addressed to the VALEE 
of BAGDAD, dated in the beginning of Suffer 1263, or end of 
January 1847, communicated the 23rd January 1847. 

To the Valee of Bagdad, -Ordained (that) whereas, although special con* 
vetitions have been entered into between the British Government and certain 

VOL. XIII. C 



i8 Turkish Arabia No. XI. Part I 



rulers in Africa for the purpose of preventing the exportation of black slaves 
from that country to (the ports of) America and to other places, certain mer- 
chant ships contrive to kidnap slaves from the African coasts, and continue 
to transport them to other places, owing to which the provisions of the afore- 
said convention cannot be carried into execution ; a request has been 
therefore lately made on the part of the British Government that the neces- 
sary measures should be adopted In this matter by my Sublime Porte with 
reference to those places ; and whereas the inhuman and barbarous treatment 
adopted with regard to kidnapped slaves in the places to which they arc 
transported is not like unto (that adopted towards) slaves coming to these 
places, and that the prevention thereof would be both just and commisseratc ; 
It is therefore my supreme and imperial will that the slave trade carried on 
on the aforesaid coast by the merchant vessels under my imperial flag be 
henceforward entirely prohibited, that any (vessels) acting in contravention to 
this prohibition and captured by the ships of my imperial fleet which by the 
grace of God are to! be sent into those waters, or taken by the British ship 
of war crui2ing in those parts and delivered up by them to the Authorities of 
my royal ports in the Gulf of Bussora, be taken possession of by my Sublime 
Porte, and that the captains thereof be punished ; that those whom it may 
concern be peremptorily warned thereof, and that the utmost care and atten- 
tion be paid to the full and perpetual observance of the present prohibition, 
and to the punishment of those acting in contravention thereto as aioi<'s,u<I. 

You, therefore, who are the Valee of aforenamed, will act conformably 
(hereto), and beware of transgressing (these orders). 



TRANSLATION of a COMMUNICATION made by the PORTE to 

HER MAJESTY'S EMBASSY, 

A vizierial letter, dated the i oth September (2yth January 1847), has 
been addressed to the Valee of Bagdad as follows : 

An Imperial Firman just issued concerning the prohibition to the export- 
ation of black slaves from Africa to America and other places is herewith 
transmitted to your Excellency, and it is the supreme command of His 
Majesty that you should be careful to enforce the orders contained in it. 

Without entering into unnecessary details (on the subject) with your 
Excellency it is necessary to observe that, as the publication oi this Imperial 
Airman will not be without its objections, you should keep it by you, and 
without any reference whetever thereto, duly issue the orders contained in it 
to the Authorities of such places as may be requisite. 

His Majesty has moreover ordered that towards next spring some vessels 
of the imperial fleet should be sent (God willing) to superintend the full 
execution of this interdiction, as well as to promote the welfare of those 
coasts as heretofore ; and whereas it would be productive of loss to some of Em 
Majesty's subjects ignorant in the beginning of the prohibition of the execu- 
tion thereof were to be enforced contemporaneously with its promulgation : 



Part I Turkish Arabia No, XI. 



the publication of these orders are to be made by you on the receipt 
of this despatch. You will also make known that they are to be in full vigor 
four months after the date hereof, that is, after the 10 of Suffer (2jih 
January 1847), anc * ^at ^e slaves which may be on board any merchant 
vessels under the Ottoman Flag, which shall have dared to act in contra- 
vention thereof, after the expiration ot the aforesaid period, and which 
having escaped the vigilance of the Authorities on their passage may enter 
any of the Turkish Ports, shall be taken possession of and detained. 

You will also adopt suitable measures for sending back to the place from 
which they may have been kidnapped, the slaves arriving in any of His 
Majesty's ports. 

COPIE OFFICIELLE <Tune LETTRE addressee par 16 GRAND 
VIZIER au PASHA de BAGDAD en date 6th AVRIL 1847. 

TRADUCTION. 

J'ai inform^ V. Excellence par une depeche que je vous ai ecrite 
derniebrement relativement & la defence auxMtimens sons pavilion Ottoman 
de faire le commerce des esclaves avec les cotes d'Afrique, qu'en consequence 
des ordres prohibitifs qu ont ete donnes & cet effet, les bSiimens Ottomans 
qui apr&s I'expiration du terrne qui a te fixe auront Faudace de contrevenir & 
ces ordres, et qui auront ete arrStes pour cela, seront confisques avec les 
esclaves qu^il y aura & bord, mais pour pr^venir les mal-entendues et la confu- 
sion S, cet 6gard, je veux donner sur cette question les 6claircissemens 
suivans. 

Votre Execellence sait qu'il y a dans ces environs & des Gouvernements 
et des Imams independants, et cela 6tant, les chitimens dont il s'agit ne 
peuvent pas 6tre appliques a leurs bcltimans. If faudra done se borner, & 
Regard de ces bitimens, leur d6fendre de transporter et d'introduire des 
esclaves dans les ports de la S. P. qui sont dans le Golfe Persique et s'ils en 
viennent Votre Excellence aura seulement k les renvoyer et 1 les eloigner. 
Ainsi V. E. voudra bien donner aux autorites comp6tents les ordres neces- 
saires dans le sens au-dessus expliqu6. 

20 Rebi-al~Akhir 1263. 



TRANSLATION. INSTRUCTIONS to NEJIB PASHA of BAGDAD, 
about the AFRICAN SLAVES. 

As your Excellency well knows, I have stated in the despatch I wrote to 
you, in consequence of the finnan issued for the purpose of prohibiting the 
transport of black slaves from Africa to America and other places that it 
will be necessary to take measures for sen ding back conveniently to the places 
whence they had been kidnapped, those slaves who shall come to any port of 
the Ottoman Erapiie in vessels under the flag of the Sublime Porte, 

VOL, XIIL " C a 



20 Turkish Arabia No. XII. Part I 



But on thinking again on this matter, we found that this plan is not 
quite exempt from inconvenience, for it is not improbable that the slaves 
should fall, while on their way home, into the hands of people dealing in 
slaves, ard experience again all sorts of misery. 

Now the slaves who shall have been liberated from the hands of the 
merchants are naturally become thus free, and they may, of course, act as 
they like. Such of them, then, as will not return, but choose to remain, 
cannot be forced to go, and they must be allowed to stay where they please. 

But humanity requires that measures should be taken to send safely to 
the place of their destination those who wish to return, and therefore, it has 
been thought expedient, and the Sultan has given orders to that effect, that 
those among them who wish to return should be consigned to the British 
Authorities in those environs, put on board the British men of war, or on 
board other vessels which shall be assigned by the English, and sent away. 

This matter has been talked of with the British embassy, and your* 
Excellency will therefore talk about it with the British Consul at Bagdad, and 
send the analogous instructions to the competent Authorities ; and as to those 
among the slaves that have been captured, who'may wish to remain in this 
country, your Excellency will take care to furnish them with a Tezkere', that 
they may not be molested by any body whatever after that. 



No. XII. 

TREATY between GREAT BRITAIN and TURKEY* 
At the COURT at HOLYROOD PALACE, the 26th day of August, 

1881. 

Present : 
THE QUEEN'S MOST EXCELLENT MAJESTY, 



His Royal Highness the 
DUKE OP CONNAUGHAT 
and STRATHEARNE, Lord 
President, 



Earl of Roseberry, 



Mr. Secretary Childers, 



Whereas, by an Act passed in the 3 7 th year of Her Majesty's reign, Chap- 
ter88,mtituled;The Slave Trade Act/ 1873," it was, Longst other 
things, provided that, where any Treaty in relation to the Slave Trade is 
made after the passing of that Act by or on behalf of Her Majesty with any 
foreign btate, Her Majesty may, by Order in Council, direct that as from 
such date, not being earlier than the date of the Treaty, as may be specified in 
the Order, such Treaty shall be deemed to be an existing Slave Trade Treaty 
\vitmn the meaning of the Act ; and it was fnrtlier provided that thereupon 
(asirom the said date, or, if no date should be specified, as from the date of 



art I 



Turkish Arabia No. XII. 



21 



such order) all the provisions of the Act should apply and be construed 
accordingly. 

And whereas on the 25th day of January, 1880, a Treaty or Convention 
for the suppression of the African Slave Trade was concluded between Her 
Majesty and His Majesty the Emperor of the Ottomans in the following 
terms that is to say : 



" Her Majesty the Queen of the 
United Kidgdom of Great Britian 
and Ireland, and His Majesty the 
Emperor of the Ottomans, being 
mutually animated by a sincere 
desire to cfo-operate for the extinc- 
tion of the traffic in African Slaves, 
have resolved to conclude a conven- 
tion for the propose of attaining 
this object, and with this view have 
named as their Plenipotentiaries, 
that is to say 

" Her Majesty the Queen of the 
United Kingdon of Great Britain 
and Ireland, the Right Honourable 
Sir Austen r Henry Layard, Her 
Majesty's Ambassador Extraordi- 
nary and Plenipotentiary at the 
Sublime Porte ; 

" And His Majesty the Emperor 
of the Ottomans, Sawas Pasha, His 
Majesty's Minister for Foreign 
Affairs ; 

ft Who, having communicated to 
each other their respective full 
powers, found in good and due 
form, have agreed upon and 
concluded the following articles : 

ARTICLE i. 

"His Imperial Majesty the 
Emperor of the Ottomans, whilst 
renewing absolutely the prohibition 
of the Slave Trade, engages to 
forbid, from henceforward, the 
importation of African slaves into 
any part of the Ottoman dominions 
or its dependencies, or their transit 
through Ottoman territories by 



" Sa Majest la Reine du Royaume 
Uni de la Grande Bretagne et 
d'Irlande, et Sa Majest6 TEmpereur 
des Ottomans, tant amm<Ss mutuelle- 
ment du dfeir sincere de co-ope"rer 
la cessation du trafic des esclaves 
d'Afrique, ont resolu de conclure une 
Convention avec ^intention d'atteindre 
cet objet Dans ce but ils ont nomme' 
comrne leurs Plenipotentiaires 



" Sa Majeste la reine du Royaume 
Uni de la Grande Bretagne et d'Ir- 
lande, le Tres-Honorable Sir Austen 
Henry Layard, Ambassadeur Extra- 
ordinaire et Pl&iipotentiaire de Sa 
Majest^ pres la Sublime Porte ; 

"Et Sa Majeste* 1'Empereur des 
Ottomans, Sawas Pacha, son Ministre 
des Affaires Etangeres ; 

"Lesquels se sont communiques 
mutuellement leurs pleins pouvoirs 
respectifs, trouves en bornne et due 
forme, et ont convenue et arrt les 
Articles suivant :* 

ARTICLE i. 

Sa Majeste* TEmpereur des Otto- 
mans, renouvelant d'une maniere 
absolue la defense du trafic des negres, 
s'engage k prohiber 1'importation des 
esclaves d'Afrique dans toutes les 
parties de TEmpire Ottoman ou ses 
dependances, leur passage & travers 
le territoire Ottoman par mer, et 
punir, suivant les dispositions preveus 



Turkish Arabia No. XII, 



Parti 



ea : cud to punish, in the manner 
prrvMed by Ottoman law, and in 
c >nloTnity "with the provisions of 
t'\ Firman of the year A. H. 1273 
,A.D 1857} any person, or 
persons, amenable to Ottoman 
jur>ciotion who may be found 
ensued, directly or indirectly, in 
the traffic in African slaves. His 
Maiest} further engages to prohi- 
bit ita exportation of black slaves 
f:c:n the Ottoman Empire to 
fi.rticn parts, except when accom- 
par.\ ing tieir masters, or mistresses, 
SLS domestic sen ants, in which case 
each sla\ e, man or woman, shall 
be fmmshed with a certificate 
stating (his age) and otherwise 
describing them, and stating the 
parlic uter capacity in which they 
accompany their master* or 
mistress ; and in the event of their 
not being furnished vith such certi- 
K'atcb they shall be set free, and 
the parties attempting to export 
them shall be liable to pir.ish-:cnt , 
aid all free blacks ' *v -^ r-e 
Ottoman territories shall, on the 
application to the Ottoman author- 
ities, be furnished with passports 
certify hg that they are free and 
at hot-rtv to dispose of themselves 
without restriction, or reserve. 

ARTICLE 2. 

"Any person, or persons, not 
being Ottoman ^nVcct', who may 
be found engage ; "! i ;he African 
Slave Traffic, either directly, or 
indirectly within the Ottoman 
dominions, or on board Ottoman 
vessels, shall, ^ together with their 

r - T' T '^ ? - if any, be han< 

:';}. according to the Is 



par la loi Ottomane et conformment 
aux dispositions du Firman de FAnn6e 
1273 (A. D. 1857), toute personne, 
ou tontes personne, justiciables de$ 
Tribunaux Ottomans qui se trouve- 
raient mles, soit directement, soit 
indirectement, au trafic des noirs. Sa 
Majeste s 'en gage aussi interdire 
1'exportation des esclaves noirs du 
territoire Ottoman a 1'ftranger, sauf 
le cas ou ils auraient & accompagner 
leurs metres ou maitresses, dons la 
quailite de domestiques attaches & 
leurs personnes. Dans ce cas, chaque 
esclave, homme ou femme, sera muni 
d'un certifioat constatant son age, 
ainsi que tout autre signe distinctif, et 
mentionnant tout particulierement en 
quelle qualit6 il accompagne son 
mattre, ou sa maihresse. Dans le cas 
ou il ne sera pas muni de pareil certi- 
ficat, il sera affranchi, et ceux qui 
tenteraient de Fex porter seront passi- 
ble de punitiori. Tous les noirs 
affranchis qui quitteront ^Empire Otto- 
man recevront des autorit^s Otto- 
manes des passeports constatants 
qu'ils disposent de leurs personnes 
sans restrictions, ou reserve. 



ARTICLE 2. 

" Toute personne, ou toutes person- 
nes non-sujets Ottomanes qui 
peuvent Stre mSles du trafic des noirs, 
soit directement soit indirectement, 
dans les limites de 1'Empire Ottoman, 
ou ^ bord d'un navire Ottoman, seront 
saisies ansi que leurs complices^ si elles 
en ont, pour subir leur jugement 
conformement aux lois du pays, Elles 
seront accompagnies des 



ot the country, ^ith the dispositions 

^.^" Zfr ^ <x ) drw ? U P b ?. the battx dresses par rautorite^up^rieure 
-.--n supenor authority ot the Ottomane, de Fendroit oule trafic aura 



Part I 



Turkish Arabia No. XII. 



23 



place where the traffic has been 
proved ; and all other documents. 
or evidence (fglemevts de convic- 
tion'} handed over by the said 
authority, and destined to serve as 
proofs at the trial of the offenders 
so far as those laws may admit of 
such proof. 

" All African slaves found in the 
possession of a dealer in slaves 
shall be liberated and dealt within 
conformity with the provisions of 
Article 3 of the present Conven- 
tion. 



iii constate, et de tous les autres 61- 
ments de conviction fournis par la 
susdite autorit, destines servir de 
preuves, lores du proces des inculp^s, 
du tant que ces lois admettent de 
pareilles preuves. 



" Tous les noirs trouves en la pos- 
session de marchands des esclaves 
seront affranchis, et en ?gira a leur 
gard conformement aux dispositions 
de 1' Article 3 de la presente Con- 
vention. 



ARTICLE 3. 

" Taking into consideration the 
impossibility of sending back to 
their homes African slaves who may 
be captured from slave-dealers and 
liberated, without exposing them 
to the risk of perishing from 
fatigue, or want or from falling 
again into slavery, the Ottoman 
Government engages to adopt 
adequate measures to insure the 
freedom of such captured Africans, 
and to see that they are properly 
cared for. 



ARTICLE 3, 

" Prenant en consideration Vimpos- 
sibilite de renvoyer dans leur foyers 
les esclaves d'Afrique qui seraient 
captures des marchands d' esclaves, et 
affranchis, sans les exposer au risque 
de p6rir de fatigue et de faim. ou 
de tomber, ne nouveau, sous le joug de 
1'esclavage, le Gouvernement Ottoman 
s'engage a prendre les mesures conven- 
ables pour assurer la Iibert6 des noirs 
qui viendraient & &tre captures, et 
veiller ce quails soient convenable- 
ment soignes. 



ARTICLE 4. 

" His Imperial Majesty engages 
to pursue as criminals all persons 
who may be found engaged in the 
mutilation of, or traffic in, children. 
If such persons are amenable to 
Ottoman jurisdiction they shall be 
handed over to the Ottoman 
Tribunals, and punished according 
to Ottoman law ; if they are not 
amenable to Ottoman jurisdiction, 
that is to say if the criminals 
are not Ottaman subjects, and 
the crime has aot been 



ARTICLE 4. 

cc Sa Majest^ Imperiale s'engage a 
poursuivre comme criminels toutes les 
personnes qui se trouveraient compro- 
mises dans des actes de mutilation, ou 
de trafic d'enfants Si ces personnes 
sont justiciable des Tribunaux Otto- 
mans elles seront Iivr6es aux Tri- 
bunaux Ottomans, et punies suivant la 
loi Ottomane. Dans le cas contraire, 
c'est-k-dire, dans le cas ou le criminel 
n'est pas sujets Ottoman, et le crime 
n'a pas te perpetre sur le territoire 
Ottoman, elles seront consignees entre 



Turkish Arabia No. XII. 



Fart I 



committed on Ottoman territory, 
then they shall be handed over to 
the competent Tribunals, to be 
dealt with according as the law of 
their country directs, together with 
the depositions (proces-veroaux) 
and other documents, or evidence 
(' elements de conviction ') as laid 
down in Article 2. 

ARTICLE 5. 

" With the view to the more effec- 
tual suppression of the traffic in 
African slaves in the Red Sea, His 
Majesty the Emperor of the Otto- 
mans agrees that British cruizers 
may visit, search, and, if necessary, 
detain, in order to hand over to the 
nearest, or most convenient Ottoman 
authority, or to the competent au- 
thorities according to Article 4, for 
trial, any Ottoman vessel which 
may be found engaged in the traffic 
in African slaves, as well as any 
Ottoman vessel which may fairly be 
suspected of being intended for that 
traffic, or which may have been en- 
gaged in it on the voyage during 
which she has been met with. 

" This right of visit and detention 
may be exercised in the Red Sea ; 
in the Gulf of Aden , on the Coast 
of Arabia ; in the Persian Gulf ; and 
on the East Coast of Africa, and in 
Ottoman maritime waters where no 
constituted authorities exist; and 
any vessel which may be detained 
by a British cruiser under the pro- 
visions of this Convention shall, 
together with her cargo and crew, 
be handed over for trial to the 
nearest or most convenient Otto- 
man authority, or to the compe- 
tent authorities according to 
Article 4. 



les mains du Tribunal competent, qui 
agira a leur egard suviant les lois du 
pays dont elles relevent. Elles seront 
accompagnees de procfcs-verbaux et 
d'autre elements de conviction, comme 
il est dit dans I 1 Article 2. 



ARTICLE 5. 

"Dans le but d'operer d'une 
mantere reelle la suppression du 
trafic des ngres dans la Mer Rouge, 
Sa Majest6 TEmpereur des Ottomans 
consent a ce que les croiseurs Anglais 
soumettent a la visite et aux recher- 
ches et s'il est necessaire & la dten* 
tion, pour en faire la remise a Fauto- 
rite Ottomane la plus proche, ou la 
plus comptente, ou bien a qui de 
droit comformdment a ^Article 4, et 
lui faire subir son jugement, tout 
navire Ottoman qui se trouverait 
implique dans le trafic des noirs 
comme aussi tout navire Ottoman qui, 

Sourrait etre a juste titre suspect 
'etre destine a operei ce trafic, ou qui 
Faurait exerc6 dans le cours du voyage 
ou il a iii rencontre. 

" Ce droit de visite et de detention 
pourra tre exerc6 dans la Mer 
Rouge, dans le Golfe d'Aden, sur la 
c6te Arabique, dans le Golfe Persicjue, 
sur la c6te Orientale d'Afrique, ainsi 
que dans toutes les eaux Maritimes 
Ottomanes, mfeme dans 1'absence 
d ; autorit6 constitute. Tout navire 
qui serait d6tenu par un croiseur 
Anglais & teneur des dispositions de 
cette Convention, sera consigne, 
ainsi que son chargement et son 
equipage, a Pautorite Ottomane la plus 
proche, ou la plus compete nte, ou 
bien a qui de droit conformement a 
^Article 4, pour quil soit proc6de a 
son jugement. 



Part I 



Turkish Arabia No. XII. 



" Should there be good reason for 
believing that vessels sailing under 
the Ottoman flag which may be 
found in Ottoman harbours, or 
waters, have African slaves on board 
for purposes of traffic, or have been 
employed in the African Slave 
Traffic during the voyage on which 
they have been last engaged, such 
vessels, on being denounced by the 
Commander, or other commissioned 
officer of a British cruiser, or by a 
British Consular Officer, shall be 
immediately searched by the Otto- 
man authorities, and any slaves who 
may be found on board shall be re- 
leased and manumitted, and the 
vessel, her master, officers, and all 
persons who shall be proved to 
have acted in connivance with 
them, handed over to the compe- 
tent Ottoman authorities, to be 
dealt with in accordance with 
Ottoman laws for the supression 
of Slave Traffic. 

11 All African slaves captured by 
a British cruiser on board on Otto- 
man vessel shall be at the disposal 
of the Ottoman authorities, or of 
the nearest authorities in the event 
of there being no Ottoman author- 
ities in the vicinity, with a view 
of securing to such slaves their 
freedom ; and the vessel and her 
cargo shall be handed over for 
trial to the nearest or most conve- 
nient Ottoman authority, or to the 
competent authorities according to 
Article 4. 

"Her Majesty the Queen of 
Great Britain and Ireland agrees, 
on Her part, that all vessels navi- 
gating under the British flag in the 
Red Sea, in the Gulf of Aden, in 
the Persian Gulf, and on the east 
coast of Africa, or in the inland 
waters of the Ottoman Empire and 



" Dans le cas oft 1'on aurait lieu de 
croire que des navires sous pavilion 
Ottoman, rencontres dans les ports ou 
eaux Ottomans, ont des noirs & bord 
dans le but d'en faire le commerce, 
ou bien des navires dont on se serait 
servi pour le trafic des noirs durant le 
dernier voyage quails auraient accom- 
pli, la denonciation faite par le com- 
mandant, ou tout autre officier 
commissionn d'un croiseur Anglais, 
ou par un fonctionnaire Con- 
sulaire Britannique, les autorites 
Ottomanes op^ront immdiatement 
des recherches. Tous les esclaves 
trouv6s a bord de ces navires seront 
mis en liberte affranchis ; le navire, le 
capitaine, les officiers, et tous eux qui 
seront convaincu d'avoir 6t6 de conni- 
vance avec eux, seront consignes aux 
autorites competentes Ottomanes, qui 
agiront & leur egard teneur des dis- 
positions de la loi Ottomane concer- 
nant la suppression du traffic des 
negres. 

t( Tous les esclaves d'Afrique cap- 
tures par un croiseur Anglais a bord 
d'un navire Ottoman seront places S. 
la disposition des autorites Ottomane*,, 
et dans le cas oti il n'y aurait pas 
d'autorit Ottomane & proximity aux; 
autorites les plus rapprochees, Feffet 
de les proclamer libre. Le navire et 
son chargement seront consign^s pour 
Stre judges & I'autorite Ottomane la 
plus proche ou la plus competente, 
ou & qui de droit conforinement aux 
prescriptions de 1'Article 4. 

" Sa Majeste la Reine la Grande 
Bretagne consent de sa cot6 & ce que 
tous les navires navigant sous Pavilion 
Anglais dans la Mer Rouge, le Golfe 
d'Aden, sur la cote Arabique, dans le 
Golfe Persique, et sur la c&te Qrien- 
tale d'Afrique, ou dans les eaux 
'int6rieures de PEmpire Ottoman et de 



Turkish Arabia-No. XII. 



Part I 



its dependencies, which may be 
found engaged in the traffic in 
African slaves, or which may fairly 
be suspected of being intended for 
that traffic, or which may have 
been engaged in it on the voyage 
during which she may have been 
met with, may be visited, seized, 
and detained by the Ottoman 
Authorities, or cruisers ; but it is 
agreed that the vessel and its 
cargo shall, together with its crew, 
be handed over to the nearest 
British Authority for trial. 

"The captured slaves shall be 
released by the Ottoman authori- 
ties, and shall remain at their 
disposal. 

"If the competent Tribunal 
should^ decide that the seizure, 
detention, or prosecution was 
unjustifiable, the Government of 
the cruiser making the capture will 
be liable to pay to the Government 
oHhe prize a compensation appro- 
priate to the circumstances of the 
case. 

"It is expressly and formally 
understood that none of the fore- 
going provisions apply to the ships 
of war of either country, which 
cannot in any case, nor under any 
pretext, be searched. 



ARTICLE 6. 

"With the view to avoid any 

undue interference on the part of 

British cruisers engaged in the 

suppression of the Slave Trade 

with Ottoman vessels whose crews 

may be composed, In whole or in 

part, of African slaves, it is hereby 

agreed that every Ottoman vessel 

manned wholly or partly by African 

slaves shall be furnished with 



ses dependances, qui se trouveraient 
meles dans le trafic de ngres, comme 
aussi tout navire qui pourrait juste 
titre eltre suspecte d'etre destine a 
operer ce traffic, ou qui 1'aurait exerce 
dans le cours du voyage ou il a ete 
rencontre*, soient visites, saisis, et 
detenus par les autorite*s, ou les 
croiseurs Ottomans, Mais il est en- 
tendu que ces navires et leur charge- 
ments ainsique leur equipage seront 
consigned a ,1'autorite Britannique la 
plus proche pour subir leur jugement. 

<e Les esclaves capture's seront mis 
en liberte par les autorites Ottomanes, 
et resteront &, leur disposition. 

"Si le Tribunal comp6tent decidera 
que la saisie, detention, et la pour- 
suite n'etaient pas fondees et justifies, 
le Gouvernement dont depend le 
croiseur qui a ope>e la capture payera 
au Gouvernement auquel appartient la 
prise une indemnite adaptee la 
circonstance. 

"II est expressement et formelle- 
ment entendu que les stipulations pre*- 
cedentes ne s'appliquent pas aux briti- 
ments de guerre des deux Etats, qui 
ne peuvent en aucun cas et sous aucun 
pretexte tre visites, 

ARTICLE 6. 

''Dans le but d'eviter que les 
croiseurs Anglais charge's de la sup- 
pression du commerce des esclaves ne 
s'ingerent indfiment dans les navires 
Ottomans dont les equipages seraient 
formes en totalite, ou en partie, 
d'esclaves d'Afrique, il est convenu 
par le present Acte que tout navire 
Ottoman ^quippg en totalite, ou en 
partie, par d'esclaves d'Afrique devra 



Part I 



Turkish Arabia No. XII. 



papers stating the voyage or 
employment, on which she is 
engaged, and the number and 
description of the slaves on board, 
and any larger number of African 
slaves found on board than is 
authorized by the ship's papers 
shall render the vessel liable to 
detention and to be sent for adju- 
dication before a competent 
Tribunal. 



6tre munis de papiers constatant le 
voyage ou service auquelil est affecte", 
ainsi que le nombre et la description 
des esclaves qui se trouvent bord. 
Si le nombre d' esclaves d'Afrique qui 
se trouveraient & bord 6tait plus con- 
siderable que celui autorise par les 
papiers de bord, le navire sera sus- 
ceptible d'Stre detenu et renvoy par 
devant un Tribunal competent pour 
y fitre jug*. 



ARTICLE 7. ARTICLE 7. 

"His Majesty the Emperor of "Sa Majeste 1'Empereur des 

the Ottomans engage to take the Ottomans s ; engage a prendre les 

necessary measures and to issue the mesures et de donner les ordres ne'ces- 

necessary orders for giving effect to saires arm que la prsente Convention 



the present Convention. 

ARTICLE 8. 

" The present Convention shall 
be ratified, and the ratifications shall 
be exchanged at Constantinople as 
soon as possible. 

"The present Convention shall 
come into operation six months 
after the date of its signature. 

" In witness whereof the respec- 
tive Plenipotentiaries have signed 
the same, and have affixed thereto 
the seals of their arms. 

"Done at Constantinople this 
twenty-fifth day of January, one 
thousand eight hundred and 
eighty/' 



soit rigoureusement executee. 

ARTICLE 8. 

" La presente Convention et les rati- 
fications seront echangees Constanti- 
nople le plut6t que faire se pourra. 

" La presente Convention entrera en 
vigueur six mois apres le jour de la 
signature. 

" En foi de quoi les P16nipoten- 
tiaires repectifs ont signe le me*me, et 
y ont oppos< les sceaux de leurs 
armes. 

" Fait Constantinople ce jour- 
dhui 25 Janvier, mille huit cent quatre 
vingt." 



And whereas it is expedient that the said Treaty, or Convention, 
should be brought within the operation of " The Slave Trade Act, 1873" : 

Now, therefore, Her Majesty, by virtue and in exercise of the powers 
in this behalf as aforesaid, is pleased, by and \vith the advice of Her Privy 
Council, to order, and it is hereby ordered, as follows : 

The said Treaty, or Convention hereinbefore recited shall, from the said 
25th day of January, 1880, being the day of the date thereof, be deemed to 



Turkish Arabia No. XIII, 



Part I 



have been and to be an existing Slave Trade Treaty, within the meaning of 
the The Slave Trade Act, 1873," 

And the Lords Commissioners of Her Majesty's Treasury, the Right 
Honourable the Earl Granville, one of Her Majesty's Principal Secretaries of 
State, and the Lords Commissioners of the Admiralty, are to give the 
necessary directions herein as to them may respectively appertain. 

C. L. PEEL. 



No. XIII. 

ENGAGEMENT for the EXTENSION of a TELEGRAPH LINE from 
BAGDAD to BUSSORA and to KHANAKEEN 1863. 



TRANSLATION, 

Consequent upon the exchange 
of notes which has taken place 
between the Embassy of Her 
Britannic Majesty and the ministry 
of Foreign Affairs of His Majesty 
the Sultan on the subject of the 
extension of the line above ground 
from Bagdad to Bussora and to 
Khanakeen, with the object of 
connecting by two different lines 
the Indian telegraphs with the 
telegraphic net-work of Europe, 
the Ambassador of Her Britannic 
Majesty at the Sublime Porte and 
the Minister of Foreign Affairs of 
Sultan, with a view to this, have 
derided on the following arrange- 
ment ; 

ARTICLE i. 

The Ottoman Government will 
extend at its own expense 

1. The line above ground from 
Bagdad to Bussora. 

2. It 'will construct a line above 
ground from Bagdad to Khanakeen 
on the Persian frontier. These two 
lines shall consist of two wires, of 
which the one shall be kept exclu- 
sively for direct messages. 



PROTOCOL. 

A la suite d'un echange de notes 
qui a eu lieu entre PAmbassade de 
Sa Majeste Britannique et le Minis- 
tre des Affaires Etrangeres de Sa 
Majeste le Sultan, au sujet de la pro- 
longation de la ligne arienne de 
Bagdad jusqu'k Bussora et Khana- 
kain, dans le but de rclier par deux 
lignes differentes les telcgraphes 
Indiens au r^sean telegraphique clc 
V Europe, 1'Ambassadeur dc la Reine 
de la Grande Bretagne pres la Sub- 
lime Porte et le Ministre des Affaires 
Etrangeres du Sultan, en vue d'assurer 
la realisation de ces entroprises, ont 
arrete ^arrangement suivant : 



ARTICLE i. 

Le Gouvernement Ottoman fcra 
prolonger k ses frais : 

1. Le ligne de Bagdad & Bussora. 

2. II construira une ligne aerienne 
de Bagdad jusque'St Khanakain, sur la 
frontiere Persane, Ces deux lignes 
seront SL deux fils, dont Pun sera 
destin6 au service exclusif des 
messages directs. 



Part I 



Turkish Arabia No, XIII. 



ARTICLE 2. 

The Indian Government, on its 
side, at its own cost, shall carry the 
Indian sub-marine cable, which joins 
at Bushire, either to Bussora or to 
some other point at the mouth of 
the Shat-el-Arab, which shall be 
designated later, and which shall 
be connected with the line above 
ground. 



ARTICLE 2. 

Le Gouvernement Indien portera de 
son cote ses frais le cSble sousmarin 
Indien, aboutissant k Bushire, soit a 
Bussora soit k un autre point 
quelconque de Pembouchure du Shat- 
el-Arab, qui sera designe plus tard, et 
qui sera relie & la ligne aerienne. 



ARTICLE 3, 

The Indian Government besides 
shall furnish to the Ottoman Gov- 
ernment all the necessary materials, 
including the poles of iron, for the 
construction of the two lines above 
ground before mentioned. 

The two telegraphic Engineers 
who are already at Bagdad, as also 
the Inspector and the four sub-offi- 
cers of the British Engineers who 
are soon expected to arrive in that 
city, shall be placed at the disposal 
of the Ottoman Authorities to co- 
operate in the construction of these 
lines. 



ARTICLE 3. 

Le Gouvernement Indien fournira 
en outre au Gouvernement Ottoman 
tous les materiaux necessaires, y com- 
pris les poleaux en fer, pour la con- 
struction des deux lignes aeriennes ci- 
dessus indiquees. 

Les deux Ingenieurs tlegraphiques 
qui se trouvent dejk a Bagdad, ainsi- 
que Flnspecteur et les quatre sous-offi- 
ciers de genie Britannique qui sont at- 
tendus prochainement dans cette ville, 
seront mis la disposition des Autorit6s 
Ottoman pour cooperer la construc- 
tion de ces lignes. 



ARTICLE 4, 

The Ottoman Government shall 
pay for the materials thus furnished 
by the Indian Government with the 
money received for telegraphic 
messages from India, which shall 
traverse the line of the extreme 
European frontier of the Ottoman 
Empire, be it to Bussora or as far as 
Khanakeen according to a special 
arrangement which the two govern- 
ments reserve to themselves to 
establish, to determine the mode 
and the period of the payment of 
the price of these materials* 



ARTICLE. 4. 

Le Gouvernement Ottoman payera 
les materiaux ainsi fournis par le Gou* 
vernement Indien, sur la recette des 
messages tlgraphiques Indiens, qui- 
traverseront la ligne de l*extrme fron- 
tire Europ^enne de PEmpire Ottoman 
soit jusqu'Si Bussora, soit jusq'k Kha- 
nakain, d'apr&s un arrangement special 
que les deux Gouvernements se reser- 
vent d^tablir pour determiner la mode 
et F6poque des vcrsements (iu prix de 
ces materiaux. 



Turkish Arabia- No. XIII. 



Part I 



The salaries of the Engineers to 
be paid by the Indian Government. 

The materials which shall be fur- 
nished by the Indian Government 
shall be consigned on their arrival 
to the hands of the Ottoman Author- 

Sj and a receipt given for them. 



La retribution des Ingenieurs reste a 
la charge du Gouvernement Indien. 

Les materiaux qui sont fournis par le 
Gouvernement Indien seront consign6s 
& leur arriv^e, entre les mains des auto- 
nties Ottomanes centre leur recu. 



ARTICLE 5. 



ARTICLE 5. 



The Imperial Authorities shall Les autorit^s Imp6riales recevront 

immediately receive orders to begin Pordre de faire commencer immediate- 

the works upon the line from Bag- ment les travaux de la ligne de Bagdad 

dad to Bussora. & Bussora. 



ARTICLE 6. 

The sub-marine cable which is to 
meet the line above ground from 
Bagdad to Bussora shall be laid as 



ARTICLE 6. 

Le cable sousmarin qui doi se teller 
la ligne arienne de Bagdad & Bus- 
sora devra fetre pose le plus t6t possible, 



soon as possible, in order to secure afin d'en assurer le fonctionnement si- 
simultaijeous operations, multane. 



ARTICLE 7. 

As soon as this line" 1 shall have 
been completed, the Ottoman Gov- 
ernment shall commence the line 
from Bagdad to Khanakeen, for 
which the Indian Government 
equally engages to furnish 
materials and Engineers on the 
same conditions as those which 
have been stipulated for the line 
from Bussora. 



ARTICLE 7. 

Aussitot que cette ligne aura tc 
achevee le Gouvernement Ottoman 
mettra la main celle de Bagdad & 
Khanakain, pour laquellele Gouverne- 
ment Indien s'engage founrir 
6galement ies materiaux et les 
Ingenieurs aux mSmes conditions qui 
ont ete stipulees pour la linge de 
Bussora* 



ARTICLE 8, 

The Sublime Porte shall take 
care, if need be to employ, for the 
working of these lines, persons 
acquainted with the English 
language. 



ARTICLE 8. 

La Sublime Porte aura soin ; selon 
la ncessite, d' employer pour le 
service de ces linges des personnes 
poss6dants la langue Anglaise. 



Part I 



Turkish Arabia-No. XIII. 



ARTICLE 9.* 

All the despatches addressed to 
or coming from India shall be 
equally divided between the line 
from Baghdad to Bussora on the 
one hand, and that of Khanakeen 
on the other. 

To avoid all difficulty of execu- 
tion, the application of this system 
of division shall be as follows -.-7 

All despatches coming from 
India shall pass by the line from 
Khanakeen. On the other hand 
all those for India shall be sent by 
the line from Bagdad to Bussora. 



ARTICLE 9. 

Toutes les dpches & destination 
ou provenant des Indes seront 
partagees k portion 6gale entre la 
ligne projetee de Bagdad b Bussora 
d'une part, et celle de Khanakain 
d'autre part 

Pour 6viter toute difficulte d'execu- 
tion, 1'application du partage aura 
lieu de la mani&re suivante : 

Toutes les dpches provenant des 
Indes devront passer par la linge de 
Khanakain. Par centre toutes celles 
, destination des Indes traverseront 
la linge de Bagdad Bussora. 



ARTICLE 10. 

The stipulation of Article 9 shall 
remain in force for ten years, at the 
end of which it can be revised by 
means of a new understanding be- 
tween the two governments. 



ARTICLE 10. 

La stipulation de 1' Article 9 sera 
en vigueur pendant dix ans, & 
Pexpiration desquels il pourra tre 
revise moyennant une nouvelle entente 
entre les deux Gouvernements. 



ARTICLE ix. 

The two governments reserve to 
themselves the right to determine 
on and conclude a Telegraphic 
Convention on the basis of the Act 
of Brussels, which constitutes the 
International Law of Lines of 
Electric Telegraphs. 

In faith of which the Ambassador 
of Her Britannic Majesty and the 
Minister for Foreign Affairs of His 
Imperial Majesty the Sultan have 



ARTICLE n. 

Les deux Gouvernements se rser- 
vent le droit d'arrter et de conclure 
une Convention T6iegraphique [sur 
les bases de 1'Acte de Bruxelles, qui 
continue la Loi Internationale des 
Linges Electriques. 

En foi de quoi, 1'Ambassadeur de 
Sa Majest6 Britannique et le Ministre 
des Affaires Etrang&res de Sa Majeste 
Imp6riale le Sultan ont sign6s le 



* On 9th December 1863 an additional Article was added to the Protocol, stipulating 
that instead of dividing the traffic equally between the Basrah and Khanakeen lines, messages 
should be forwarded indifferently by either hne, and that payment should be calculated on the,,, 
mean* between 375 and 89 miles, the distances between Baghdad and Basah and Bagdad and 
Khanakeen respectively! so long a both lines are kept in efficient working order. 



Turkish Arabia -No. XIV. 



Pait I 



signed the present Protocol in 
duplicate and have annexed their 
Seals. 

Dons at the Sublime Porte the 
2ofh day of October 1863, 



FOR SIR HENRY BULWKR. 

L.S. E. M.ERSKINE. 



L.S. 



All, 



present Protocole, en double expedi- 
tion, et y appose le sceau de leurs 
armes. 

Fait a la Sublime Porte 9 le mngt 
mots (fOctobre^ de Pan mil huit cent 
soixante trois. 

POUR SIR HENRY BULWER. 



L.S, 



L.S. 



. M. ERSKINE. 



ALL 




ALL 



No. XIV, 

TREATY between GREAT BRITAIN and TURKEY, -1864. 
CONVENTION between GREAT PROJET de la CONVENTION 
BRITAIN and TURKEY for TLGRAPHIQUB INDO- 
the establishment of TELE- OTTOMANS. 
GRAPHIC COMMUNICATION 
between INDIA and the 
OTTOMAN TERRITORY. 
Signed in the ENGLISH and 
FRENCH languages at CON- 
STANTINOPLE, September 
3, 1864.* 

Her Majesty the Queen of the S. M. le Sultan et a M. la Reme 
-United Kingdom of Great Britai: du Royatme Uni dela Grande 

'Ratifications exchanged tit Constantinople, October 31, 1864. 



Part I 



Turkish Arabia No. XIV. 



33 



and Ireland, and His Majesty the 
Emperor of the Ottomans, being 
desirous to establish between their 
respective States telegraphic com- 
munications, by means of which 
India, connected by a sub-marine 
cable with the Ottoman territory at 
the mouth of the S hat-el-Arab, will 
be in telegraphic communication 
with Turkey, and consequently with 
all the other States of Europe, have 
agreed to conclude a Telegraphic 
Convention, and with that object 
have named as their Plenipotentia- 
ries, that is to say. 

Her Majesty the Queen of the 
United Kingdom of Great Britain 
and Ireland, the Right Honourable 
Sir Henry Lytton Bulwer, a mem- 
ber of Her Majesty's Most Honour- 
able Privy Council, Knight Grand 
Cross of the Most Honourable 
Order of the Bath and Her 
Majesty's Ambassador Extraordi- 
nary and Plenipotentiary to the 
Sublime Porte. 

And His Majesty the Emperor of 
the Ottomans, His Highness Me- 
hemed Emin Ali Pasha, Minister 
for Foreign Affairs, decorated with 
the Imperial Orders of the Osmanie 
of the Medjidie, and of Merit of 
the first class in brilliants, Grand 
Cross of several Foreign Orders ; 

Who, after having communicated 
to each other their full powers, 
found in good and due form, have 
agreed upon the following Articles ; 

ARTICLE t. 

The Ottoman Government will 
continue, at its own cost, to the 
mouth of the Shat-el-Arab, the main 
telegraphic line of Asia now exist- 
ing between Scutari of Constan- 
tinople and Baghdad, and will 
VOL. Kill 



Bretagne de Plrlande d^sirant voir 
etablir entre leurs Etats respectifs, 
des communications tel^graphiques & 
la suite desquelles les Jndes, reliees 
par un Cable sous-inarm avec le 
territoire Ottoman k Pembouchure 
du Shat-el-Arab, se trouveront en 
communication 61ectrique avec la 
Turquie et par consequent avec tous 
les autres Etats de 1'Europe, sont con- 
venus de conclure une Convention 
T616graphique et ont & cet effet 
nomin pour leurs Plenipotentiaires. 



S. M. le Sultan S. M. la Reine 

du Royaume Uni de la Grande 

Bretagne et d'Irlande lesquels 

apr&s s*tre communique leurs pleins 
pouvoirs trouves en bonne et due 
forme sont convenu de ce qui suit* 



ARTICLE i. 

Le Gouvernement Ottoman prolon 
gera Jt ses frais jusqu'S, 1'embouchure 
du Shat-el-Arab, la grande ligne tle- 
graphique d'Asie existant actuelle- 
ment depuis Scutari de Constanti- 
nople jusqu'a Bagdad, et reliera cette 

D 



34 



Turkish Arabia No. XIV. 



Part I 



connect the said main line, in the 
direction of Khanakeen, with the 
Persian land lines which communi- 
cate with the sub-marine cable at 
Bus hire. 

The maintenance and repairs of 
the said Ottoman lines will be at 
the charge of the Ottoman Adminis- 
tration, 

ARTICLE* 2. 

On the other hand, the Govern- 
ment of India will lay down, at its 
own expense, a sub-marine tele- 
graphic cable, which, starting from 
some point of the British Indian 
Empire and touching at Bushire, 
will terminate at the mouth of the 
Shat-el-Arab, where it will join the 
Ottoman land line. 

The maintenance and repairs of 
this cable shall be at the expense of 
the Indian Administration. 

ARTICLE 3. 

His Majesty the Sultan authorises 
the establishment on Ottoman terri- 
tory, at the mouth of the Shat-el- 
Arab, of a British telegraph office 
with a staff, which shall not exceed 
m number 50 persons placed under 
the ^exclusive orders of a British 
station-master, and which, as well 
as the apparatus and all the instru- 
ments requisite for working the sub- 

m ^ ne j?^, shallbe atthe expense 
of the British Government. 

ARTICLE 4. 

The afqresaid British office shall 
be located m the sam* building 
occupied by the Ottoman station at 
the mouth of the Shat-el-Arab with 
* view to facilitate the combSd 
operations of the common service. 



grande Hgne dans la direction de 
Khannikeen aux fils aliens persans 
quiseront en communication avec le 
Cable sous-marin Bushire. L'entre- 
tien et les reparations de cette Hgne 
seront & la charge de 1' Administration 
Ottoman. 



ARTICLE 2. 

Le Governement des Indes posera 
de son cdte a ses frais tin c&ble tele*- 
graphique sous-marin partant d'tm 
point quelconque de 1'Empire Britan- 
mque des Indes ettouchant Bushire 
qui aboutira k 1'embouchure du Shat- 
el-Arab ou il sera relie* i I a ligne 
aerienne Ottomane. L'entretien %t 
les reparations de ce cable seront a la 
charge de FAdministration Indienne. 



ARTICLE 3. 

S. M. le Sultan autorise l^stablisse- 
ment sur le territoire Ottoman a Pem- 
bouchure duSh a t-el-Arab<fun Bureau 
tfl^grapique Britannique, dont Je per- 
sonnel sera place* exclusivement sous 
les ordres d'un chef de Station 
tfntannique et sera k la charge du 
Jjouvernement Britannique, ainsi que 
ksappareils et tousles instruments 
reqms pour le fonctionnement de la 
ligne sous-marine, 



Le susdit Bureau ritftnnique sera 
plac< dans Je mgine local occupe* oar 
la Station Otfomane AMieS Kn- 
bouchure du Shat^el-Arab, de facon a 
tacihter les op^ratios combines du 
service wiixte, 



Part I 



Turkish Arabia No. XIV, 



35 



The apparatus of the Ottoman 
service and that of the British 
service at that joint station shall be 
placed in separate compartments, 
but in close proximity to each other, 
and shall not be connected. 

The exchange of messages shall 
take place immediately on their 
receipt, the officers handing them 
to each other through a window, and 
the service of the British and Otto^ 
man offices shall be permanent. 
The rent and cost of maintenace of 
th$ mixed telegraphic station shall 
be shared in equal proportions by 
the British and Ottoman Admi- 
nistrations. 



ARTICLE 5, 

It is well understood that the 
active service of the British office 
on Ottoman territory shall be limited 
to the receipt and delivery by hand 
to the Ottoman office of the mes- 
sages arriving from India by the sub- 
marine cable ; to the transmission 
of those which are delivered to it 
by the Ottoman office ; and, lastly, 
to the superintendence and main- 
tenance of a safe and regular sub- 
marine communication between the 
mouth of the Shat-el-Arab and 
India. l ' 

The direction-in-chief of the 
mixed station shall devolve on the 
Ottoman Administration, but with- 
out the right of interfering in the 
internal administration of the 
British office. 

ARTICLE 6. 

In order to ensure promptitude 
in the Indo-European correspon- 
dence and its regular transmission 
and receipt, the Ottoman Govern- 
VOL. xin 



Les appareils du service Ottoman 
et ceiix, du service Britannique <le 
cette Station mixte, seront places 
dansdes compartiments separes, mais 
& proximite Pun de Pautre, et ne 
seront pas relies entr'eux. L'echange 
des depSches, se fera imn?6diatement 
apr&s receptions entre les employes 
par un guichet de la main k la main, 
et le service de ces deux Bureaux 
Ottoman et Britannique sera perma- 
nent 

Le loyer et les frais d'entretien de 
la Station tIegraphique roixte seront 
supportes par les Administrations 
Ottomane et Britannique en parties 
6gales. 

ARTICLE 5. 

II demeure bien entendu que ie 
service actif de ce Bureau Britannique 
sur le territoire Ottoman, est restreint 
JL la reception et . la remise de main 
en main au Bureau Ottoman des 
depSches arrivant des Indes par Ie 
CS.bIe sous-man n, la transmission 
de colles qui lui seront remises par Ie 
Bureau Ottoman, et en dernier lieu & 
la surveillance et Pentretien d'une 
communication sous-marine sure et 
regultere entre Pembouchu re du Shat- 
el-Arab et les Indes. La haute direc- 
tion de la Station mixte, est ' acquise 
& PAdministration Ottomane. 



ARTICLE 6. 

Dans le but d'assurer la prompti- 
tude des correspondances Indo-Euro- 
p6ennes et ieur transmission et recep- 
tion rfcguli&resj le Gouvernement 



D 2 



Turkish Arabia No. XIV. 



Part I 



ment nill not fail to establish a 
permanent service at Baghdad and 
Fao, as well as at the majority of 
stations on the main line of Asia 
between Constantinople and Fao 
and to appoint thereto a staff 
possessing a knowledge of the 
English language sufficient for the 
perfect performance of that import- 
ant service. 

Moreover, the Ottoman Govern- 
ment being desirous that the ex- 
peditious transit of the Indo-Eun> 
pean messages over its territory 
should be rendered still more satis- 
factory* en gages to establish at Con- 
stantinople an office of tranmissioa 
devoted exclusively to the service 
of messages to and from India. Its 
officers, and especially the station 
master, shall be selected from those 
of the Ottoman telegraph officials 
who are thoroughly conversant with 
the English language. 

ARTICLE 7. 

4 

The Ottoman Government will 
talce the necessary measures to 
secure that one wire of the main line 
from Constantinople to Fao shall be 
always exclusively devoted to Indo- 
European messages. In case this 
wire should get out of order, or in 
case of a press of traffic, the official 
Indo-European messages maybe for- 
warded by one of the wires intended 
for local traffic, but after the official 
despatches of the Ottoman Govern- 
ment. In that case private Indo- 
European despatches shall be for- 
warded together with private mes- 
sages already deposited at the 
office and in alternative order with 
those messages, whatever may have 
been the hour at which the latter 
may have been deposited. 



Ottoman aura soin d*e*tablir un service 
permanent a Baghdad, Khannikeen, 
et Bussorah, et dans la plupart des 
stations raises sur la grande ^ligne 
d'Asie depuis Constantinople jusq'& 
Bussorah, et d'y instiuter autant que 
possible, un personnel possedant la 
connaissance de la langue Anglaise. 



En outre, le Gouvernement Ottoman, 
desirant que Peoulement rapide des 
missives Indo-Europenes ait lieu sur 
son territoire a un degr encore plus 
satisfaisant, etablira a Constantinople 
un bureau de translation affecte ex- 
clusivement au service des depSches 
de la provenance ou destination 
Indienne, Les employe's de ce bureau 
et particulierement le chef de Station 
seront choisis parmi les fonctionnaires 
du Tele*graphe Ottoman, connaissant 
parfaiternent la langue Anglaise. 



ARTICLE 7. 

Le Gouvernement Ottoman prendra 
les dispositions necessaires pour qu'un 
fil de la grande linge de Constanti- 
nople a Bussorah reste toujoursexclu- 
sivement au service des de'pe'ches 
Indo-Europ6ennes. En cas de de*- 
rangement ou d'un encotnbrement de 
d6pches de ce fi), les de'pe'ches 
Indo-Europeennes pourront encore 
s'ecouler, mais apres les d6pe"ches 
officielles du Gouvernement Otto- 
man par un des fils affecte au service 
de la correspondance de 1'InteVieur. 



Part I 



Turkish Arabia-No. XIV. 



37 



ARTICLE 8. 

The Convention of Brussels, of 
June 30, 1858,* in all that relates 
to the details of the telegraphic 
service,shall be mutually observed by 
the two Contracting Governments 
in so far as it is not opposed to the 
terms of the present Convention. 



ARTICLE 9. 

It is agreed between the High 
Contracting Parties that the rates 
for Indo-European messages sent 
by the Ottoman lines in Asia 
throughout their whole extent from 
Constantinople to Fao, or to the 
Persian frontier in the direction of 
Khanakeen, and vice versa, shall 
not exceed the limit of 27 \ francs 
for a single message sent from 
Constantinople to Fao, or vice 
yersd, and of 22 \ francs for a 
single message sent from Constanti- 
nople to Khanakeen, or vice versa, 
as also that the rates for messages 
traversing the whole sub-marine 
line from India to Fao, or to 
Bushire, and vice versa, shall not 
exceed the limit, for the former of 
62^ francs, for each single despatch, 
and for the latter, of 50 francs. 

ARTICLE 10. 

The administrations of the two 
Contracting Governments will com- 



ARTICLE 8. 

Les deux Gouvernements contractans 
s'obligent & appliquer dans leurs rap- 
ports telegraphiques reciproques rela- 
tivement la manipulation des de- 
pches, a leur taxation et aux details du 
service telegraphique en gnral, lea 
regies prescrites par la Convention de 
Bruxelles du 30 Juin 1858, et de 
I 1 Instruction qui en fait partie, ainsi 
que des modifications qui pourraienty 
tre apportees a 1'avenir avce 1'assentf- 
ment du Gouvernement Britannique par 
les signataires de cette Convention 
dont la copie est annexee ci-jointe, 
pour faire partie integrante de la 
presente convention. 

ARTICLE 9, 

II est convenu entre ] es hautes 
parties contractantes que la taxe des 
depeches Indo-Europeennes transitant 
par les lignes Ottomanes d'Asie sur 
tout leur parcours de Constantinople 
a Bussorah ou & la frontifcre persane 
dans la direction de Khannikeen^et 
vice versd ne depassera pas la limite 
de vingt-cinq francs pour une depche 
simple, et mfeme que les taxes des 
depeches traversant toute la ligne 
sous-marine depuis les Indes jusqu'a 
1'embouchure du Shat-el-Arab ou 
jusqu'a Bushire ne depasseront pas 
les premieres la somme fr. 62-50 
pour depeche simple^-^et les secondes 
celle de fr. 50. 



ARTICLE 10. 

Les administrations des deux Gou- 
vernements contractants se communi- 



* For Convention between Belgium, France, and Prussia, 
page 1905- 



see State, Papers, Vol. 57, 



Turkish Arabia-No. XIV. 



Part I 



cate to each other, with the 
least possible delay, the tariff .of 
their stations and frontiers, in so far 
as they may have reference to the 
Indo-Ottoman frontier of Fao. 
According to that tariff the rates 
shall be mutually accounted for in 
the monthly accounts of messages 
exchanged between the two 
administrations at the aforesaid 
frontier of Fao. 

ARTICLE n. 

The mutual account for telegra- 
phic rates, expenses of postage, 
and of expresses, etc., shall be 
checked at the expiration of every 
month and settled quarterly. The 
liquidation and payment of the 
surplus which may be due to either 
administration shall take place at 
the close of each quarter. The 
accounts of each administration 
shall enumerate only the rates in 
debit : they shall be drawn up by 
the Ottoman Administration in 
francs and centimes, the total being 
reduced to shillings and pence ; and 
by the British administration in 
shillings and pence, the total being 
reduced to francs and centimes. 
The reduction of these sums shall 
be calculated at the rate of 



i pound sterling* 25 

I shilling i franc, 25 centimes. 

I penny I0 centimes- 

ARTICLE 12. 

The balance which may accrue 
from the quarterly liquidation, in 
favour of ^6ne or other of the 
administrations, may be paid either 
in Turkish pounds, in pounds 
sterling, or in 20 franc pieces. 
Shoald the balance be in favour of 
the Indian Administration, payment 



queront reciproquement dans le plus 
bref delai possible le tarif de leurs 
stations et froflti&res par rapport & la 
frontifere Indo-Ottomane de Bussorah. 
C'est d'apres ce tarif que les taxes 
devroat Stre bonifie*es reciproquement 
dans les comptes mensuels , des 
dpches echangees entrs les deux 
administrations par la susdite frontiere 
de Bussorah. 



ARTICLE n. 

Le compte reciproque des taxes 

telegraphiques, des frais de poste 

4 d'expres, etc., sera clotur a 1'expira- 

,tion de chaque mois et regie tous les 

trois mois. 

La liquidation et le paiement du 
montant resultant en faveur de Tune 
ou de, Ta^itre administration, se fera & 
" la fin de chaque trimestre. 

Les comptes de chaque administra- 
tion ne comprendrbnt que les taxes en 
debit ; ils seront dresses par 1'adminis- 
tration Ottomane en francs et 
centimes avec reduction des sommes 
totales en shillings et pence, et par 
radmims'tration Britannique en 
shillings et pence avee reduction des 
sommes totales en francs et centimes. 

La reduction de ces sommes se fera 
a raison de 



i 

l 

i Penny 



~^5 francs. 
i It. 25 
xo 



ARtlCLE 12. 

Le solde resultant de la liquidation 
trimestrielle en faveur de Puoe on de 
1'autre administration pourra &tre 
jpaye, soit en livres Turques soit en 
livres sterling, soit en pieces de 20 
francs. Si le solde resulte en faveur de 
1'administration Indienno, le paiemen 
se fera/de la part de la Turquie, entre 



Part X 



Turkish Arabia No. XIV. 



39 



shall be made by Turkey into the 
hands of the delegate of that 
Administration at Constantinople; 
and should it be in favour of the 
Ottoman Administration, payment 
shall be made by the aforesaid 
delegate to the Director-General of 
the Ottoman Telegraphs. 

ARTICLE 13. 

In order to facilitate and acceler- 
ate the operations relating to the 
reciprocal settlement of the quarterly 
accounts with the Central Adminis- 
tration of Ottoman telegraphs, the 
Indian Government shall be entitled 
to appoint a delegate to reside at 
Constantinople, the seat of that 
administration. The Ottoman Gov- 
ernment shall likewise be entitled 
to name a delegate for the same 
purpose, to reside at the seat of the 
Central Telegraphic Administration 
of the Indian Government. The 
respective delegates shall be entitled 
to receive from the respective 
Central Administrations all the 
information and explanations which 
they may require. 

ARTICLE 14. 

All messages tp or from India 
may be forwarded indifferently, as 
may be most convenient for the 
service, either by the line of 
Bussorah or by that of Khanakeen. 



ARTICLE 15. 

It is well understood that the 
Ottoman Government shall be in 
account current and shall have 
direct administrative relations with 
the Government of India in respect 
to all messages, whether sent by 



les mains du delegue de cette adminis- 
tration a Constantinople, et s'il requite 
en faveur de ^Administration Otto- 
mane, le paiement se fera par le 
delegue susmentionne, la Direction 
Generate des Telegraphes Ottomans; 



ARTICLE 13. 

Dans le but de faciliter et d'acce- 
lerer les operations concernant le 
rdglement reciproque des Comptes 
Trimestriels avec I'Administratioa 
Centrale des Telegraphes Ottomans, 
le Gouvernement Indien pourra 
entretenir un delegue & Constantinople 
ou se trouve le si6ge de la dite 
administration. De meme le Gou- 
vernement Ottoman pourra nommer 
pour le mme objet un delegu auprfcs 
de P Administration Telegraphique 
Centrale du Gouvernement de Hnde. 

Les delgu6s respectifs pourront 
obtenir auprs des administrations 
centrales respectives, tous les ren- 
seignements et les eclaircissements 
dont ils peuvent avoir besoin. 



ARTICLE 14* 

Toutes les depSches en destination 
ou provenant des Indes pourront etre 
expedites indifferement selon la con- 
venance du service, soit par ligne de 
Bussorah, soit par celle de Khanni- 
keen. 

ARTICLE 15. 

II demeure bien entendu que le 
Gouvernement Ottoman ne sera en 
compte courant et en rapports 
administratifs directs avee le Gou- 
vernement des Indes qtze pour les 
depfichea s^coulant par la fronttere 



Turkish Arabia-No. XIV. 



Part I 



the frontier of Fao or by the Persian 
route of Khanakeen. Thus the 
two Contracting Governments shall 
not be in account current, and shall 
not have direct administrative rela- 
tions ^ith Persia,* except in 
respect to payment for those 
messages only which shall have 
traversed the Persian lines ; so that, 
as regards Indo-European messages, 
the two High Contracting Parties 
shall only account to the Persian 
Go\ernment for the amount due to 
it for their transit along the Persian 
lines between Khanakeen and 
Bushire. 



de Bussorah ; pour celles transitant 
le territoire Persan, chacun des deux 
Gouvernements contractants ne sera 
en compte courant et n'aura des 
rapports ad ministratifs directs qu'avec 
le Gouvernement Persan. 



ARTICLE 16. 

The present Convention shall 
come into operation as soon as the 
submarine cable shall be in com- 
munication with the land lines of 
Turkey and of India, and shall 
remain in force for three years from 
the day on which the ratifications 
are exchanged. Nevertheless, the 
High Contracting Parties may 
introduce into it, according as 
necessity may require, such modi- 
fications as may be considered by 
common agreement to be useful 
and indispensable* 

At the end of three years the 
present Convention shall be deemed 
to be in force for an indefinite term, 
and until the expiration of six 
mentis reckoning from the date on 
\\hich either of the Parties shall 
have made known to the other its 
intention to put an end to the 
same* 



ARTICLE 16. 

La pr&sente Convention sera mise 
en execution auss56t que le Cable sous- 
marin sera en communication avec les 
lignes de terre et de la Turquie et des 
Indes, et demeurera en vigueur 
pendant trois ans partir du jour de 
l'6change des ratifications. Toutefois 
les hautes parties contractantes 
pourronty apporter au fur et mesure 
que le besoiu se fera sentir les modi- 
fications qui seraient d'un commun 
accord jug6es utiles et indispensables. 
Le terme de trois ans expir6, la 
pr&ente conventidn sera considere 
comme tant en vigueur pour un temps 
indetermin6 et jusqu'a Pexpiration de 
six mois a compter du jour ou la 
denonciation en sera faite d'une part 
ou d'une autre. 



and Per3ia> ! 28th Novenaber 



Vol. 57, 



Part I 



Turkish Arabia No. XIV. 



ARTICLE 17. 

The present Convention shall be 
ratified, and the ratifications shall 
be exchanged at Constantinople as 
soon as possible. 

Done at Constantinople, on the 
3rd day of September 1864. 

(L.S.) HENRY LYTTON 

BULWER. 



ARTICLE 17. 

La presenfce Convention seraratifie 
et les ratifications seront ecbanges & 
Constantinople dans le plus bref delai 
possible. 

Fait Constantinople. 

S. PORTE, 
le /7 Fevrier 1864. 



(L.S.) A. ALL 



BABT II. 

TREATIES, ENGAGEMENTS, AND SANADS 

'relating to 
ADEN 'AND SOUTH COAST dF ARABIA. 



i. ADEN. 

ON the expulsion of the Turks in 1630, the greater part of southern 
Arabia fell 'into the hahds of the Imams of Sanaa. Aboilt 1730- the latter 
were, in turn, eipelled from Aden and other districts *by the 'native Arab 
tribes, who assumed independence, 

The 'tribes in this region cttoing wittiiiithe'sphiire of British influence 
aire the Abdali, the Subaibi, the 'Akdibi, *the ''FaMli, the Haushabi, >the 
Ati&ki <(t$>er aAd lowar), the %M '(uppfer and k fotfei#)> 'the 'Aniir *-bf 
Dth'ali,' tfte' Ahwi/ the Wafeidi; the Kithiri, 5 tAe ^K^, the- Mahri, and <the 
tribes of tfce # district 6f B^han al Ka^ab. 



The district inhabited by this tribe is known as Lahej, ahid their'Chief 
as Sultan of Lahej ; the boundary on" the west is undefined, the north-east 
boundary runs from Al Anad to near Bir UwaidAin, and thence towards 
Imad, leaving a strip of land on the sea-coast belonging to the Fadthli, and 
meeting the eastern British limit. JSee the Shaikh Othman Agreement of 
1882 (No, XXIV),] t *" 

The Abdali are the most civilised, but least warlike, of all the tribes in 



The first political intercourse ^Ith 1 the Chiefs of Aden took place in 
1799, when a naval force was sent from Great Britain, with a detachm6iit 6f 
tro'ops from India, to 'occupy the islaftd of Penm and prevent all communi- 
cation of the French in Egypt with* the Indian Ocean, by way of the Red 



44 Aden 7A* Abdali. Part II 

Sea, The island of Perfm was found unsuitable for troops, and the Sultan 
of Lahej, Ahmad bin Abdul Kanm, received the detachment for some time 
at Aden. He proposed to enter into an alliance, and to grant Aden as a 
permanent station, but the offer was declined. A Treaty (No. XV), 
however, was concluded with the Sultan in 1802 by Admiral Sir Home 
Popham, who was instructed to enter into political and commercial alliances 
\vith the Chiefs on the Arabian coast of the Red Sea. 

From that time there was little or no intercourse with Aden till 1837, 
when attention was drawn to the plunder and maltreatment of the crews of 
British vessels wrecked on the Aden coast. The most notable case was the 
plunder of the Deria Dowlut, the crew of which were stripped and most 
barbarously treated. Captain Haines, who was then employed in the survey 
oi the Arabian coast, was instructed to demand satisfaction, He was at the 
same time to endeavour to purchase Aden as a coaling dep&t for the steamers 
plying between India and the Red Sea. Sultan Mohsin, who had succeeded 
his uncle, Sultan Ahmad, in 1827, at first denied all participation in the 
plunder, but finding the British Commissioner firm in his demands, he even- 
tually consented to give up part of the property, and pay compensation 
for the rest. A draft treaty for the cession of Aden was laid before the 
Sultan, to which he verbally gave his consent and promised formally to agree 
after consulting his Chiefs, In this draft the amount of compensation to be 
paid for Aden was left undetermined, but it was afterwards arranged that 
an annual payment of 8,700 crowns should be made. On the 22nd January 
1838 Sultan Mohsin sent a letter under his seal,* engaging, after two months 
to make over Aden, but stipulating that the Sultan's authority over his people 
in Aden should be maintained after the cession. To the continuance of the 
Sultan's jurisdiction the British Agent objected. The Sultan replied that 
he was willing to abide by the terms first offered, but if these were not 
accepted, his letter of the 22nd January should be returned to him. Negotia- 
tions were at this stage when a plot was laid by Ahmad, the Sultan's 
son, to seize the Agent and rob him of his papers. Delivery of the property 
stolen from the wreck of the Deria Dowlut was also refused j preparations 

* At pages 282 and 283 of a Collection of Treaties, published by Mr. Hughes Thomas in 
1SS1 under the authority of the Government of Bombay, an extract from a letter of the Sultan 
of Lahe], dated 2 3 rd January 1838, is given, which purports to complete and conclude the trans- 
action for flu, > transfer of Aden to the British Government The facts, however, are, as stated 
in the text, that m the sequel o the letter the Sultan desired that the negotiations should be 
broken off if hts junction in Aden were not admitted , and the bargain, owmg to the subse- 
quent course of events, was never concluded. The title of the Bntish Government to Aden 
rests exclusively on conquest, and not on purchase. 



Part II Aden The Abdah. 45 

were therefore made to coerce the Sultan. On the ipth January 1839 Aden 
was bombarded and taken, and the Sultan and his family fled to Lahej. On 
the 2nd February peace \\ as made (No. XVI) in the Sultan's name by his 
son-in-law, and on the i8th June the Sultan himself signed a Bond 
(No. XVII), engaging to maintain peace and friendship with the British 
Government, who agreed to pay him and his heirs 6,500 dollars a year, and 
likewise to pay the stipends which the Sultan was bound to give to the 
Fadthli, Yafai, Haushabi and Amir tribes Peace, however, was soon after 
broken by an unsuccessful attempt which Sultan Mohsin made in November 
1839 to retake Aden, and the payments were therefore stopped. A second 
attack made in May 1840 was also unsuccessful, and the repulse of a third 
attack in July of the same year completely disheartened the Arabs for a time. 
In 1843 Sultan Mohsin came to Aden and sued for peace. An Engagement 
(No. XVIII) was made on the nth February 1843, which the British 
Government considered in the light of an agreement to be observed between 
the Political Agent and the Sultan, but not of a treaty to be formally ratified. 
In February 1844, a monthly stipend of 541 dollars was restored to the 
Sultan with a year's arrears, and, before paying it, another Agreement 
(No. XIX) was taken from him, binding him faithfully to observe his 
engagements. 

Sultan Mohsin died on the soth November 1847, leaving nine sons. He 
was succeeded by his eldest son, Ahmad, who died on the i8th January 1849, 
when his next brother, Alibin Mohsin, succeeded. Shortly after his accession 
to power, a Treaty (No XX) of peace, friendship and commerce, which 
was under negotiation with his predecessor, was concluded with him. 
Among its other provisions, this treaty stipulated for the restoration of the 
monthly stipend which had been stopped in consequence of the share taken 
by the late Chief, Sultan Mohsin, in an attack on Aden in August 1846, 

Relations with the new Chief remained on a fairly satisfactory footing 
till 1857, when, taking umbrage at some fancied wrongs, he entered upon a 
course of open hostility to the British Government. He was completely 
defeated by an expedition which marched against him in 1858, and the 
peace which followed remained unbroken till his death in 1863. 

His son, Fadthl (Fazl) bin Ali, was elected by the tribes and elders to 
succeed him in the government, but no sooner had he assumed the management 
of affairs than intrigues were set on foot by other members of the family with 
a view to his displacement. Ultimately an arrangement was effected through 
the mediation of the Resident at Aden and with the consent of the young 
Chief, by which he was succeeded in the government of the country by his 



~n* Abdali. Part II 



uncle, Fadthl bin Mohsin, fourth son of Sultan Mohsin. For the assistance 
rendered by Sultan Fadthl bin Mohsin in supplying forage and means of 
transport for the troops employed against the Fadthli tribe ia 1865, he was 
presented with 5,000 dollars. 

In 1867 the Qief consented (No. XXI) to the construction of an 
aqueduct for the supply of water from the Shaikh Othman wells to Aden, a 
dibtance of six miles, 

In 1873, in consequence of repeated applications by the Sultan of Lahej 
for the protection of the British Government against the Turks, who had 
demanded his submission, had occupied a part of Zaida and Shakaa, and had 
sent troops to support his rebellious brother Abdulla, a force of British and 
Native infantry vtith three guns marched to Al Hauta, the capital of Lahej, 
to protect the Sultan. After some negotiations the Turkish troops evacuated 
Lahej and Shakaa, and the Sultan's two brothers and nephew surrendered 
u-c^Vciic^y, and were conveyed as State prisoners to Aden, while their 
forts were dismantled. They were subsequently released and retired to Mokha. 
Sultan Fadthl bin Mohsin died in July 1874, and was succeeded by his nephew, 
Fadthl bin Ali, \\ho had resigned the Chiefship in his favour in 1863. The 
payment of the usual annual stipend of 6,492 dollars was continued to the 
latter, the amount being increased in 1882 to 19,692 dollars (See No. XXIV). 

In July 1 88 1 an Agreement (No. XXII) was concluded between the 
Abdali and the Haushabi, by which a portion of the Zaida lands taken from 
the latter tribe in 1873 was restored to them, and a cause of constant mutual 
irritation was thus effectually removed. In 1881 the Abdali entered into an 
Agreement (No. XXIII) by which the Subaihi were placed under their con- 
trol, the stipends previously received by the latter being made payable to 
the Abdali, 

On the 7th of February 1882, by a Treaty (No. XXIV) with the Abdalj 
Sultan, arrangements were made for the purchase, by the British Government, 
of some 35 square miles of territory attached to Shaikh Othman, between 
the Hiswa and Imad ; the salt-pits at Shaikh Othman and the aqueduct between 
that place and Aden at the same time became British property. Between 
May and July 1886 the Abdali Chief made repeated complaints of the hard- 
ships eatailed by the Subaihi agreement, from which he wished to withdraw 
entirely. In August he reported that one of his garrisons had been massacred, 
and that all the others were surrounded by the Subaihi, and craved assistance 
jn rescuing them. The Resident despatched 50 sabres of the Aden troop 
(\\hich had been rased in 1865 for police purposes) to support him, and also 
lent him rifles and ammunition. These proceedings resulted in the safe 



Pkrt II Aden The Abdali and the Subaihi. 47 

withdrawal of the garrisons ; but from this date the Subaihi agreement 
became practically inoperative, and the various Sub aihi tribes resumed their 
old position of independent relations with the Aden Residency. 

At the close of 1886 the Abdali bought back from the Haushabi the 
lands referred to in the Zaida Agreement (See No. XXII), and the Resident 
thereupon intimated to both Chiefs that articles i and 2 of that agreement 
were held to be cancelled, with the exception of the words permitting the 
Haushabi to erect a house at Al Anad. 

In 1894 owing to the heavy taxes levied on Kafilahs by the Haushabi 
Sultan, the Abdali entered the former's territory and Sultan Mohsin bin Ali 
fled. He was repudiated by his Chiefs and at their request Sultan Fadthl bin 
Ali made suitable arrangements for administering their country and protecting 
the trade routes The ex -Haushabi Sultan eventually gave himself up at 
Lahej and on the 6th August 1895 signed an Agreement (No. XXV) by which 
his territory was restored to him under certain guarantees. 

On 1 9th December 1895 the Sultan's salute was increased from 9 to 
1 1 guns as a personal distinction. 

On ayth April 1898 Sultan Fadthl bin Ali died. He was succeeded by 
his cousin, Ahmad Fadthl, to whom the payment of the usual annual stipend 
was continued. 

In April 1899, owing to continual robberies by the Subaihis, the 
Abdali were given permission to occupy Ras al Arah, Tur$n, ,and Am Rija 
in the Subaihi country. In November the Abdali raised a. force against the 
Atifi in consequence of an attack made by the latter on Dar al Koderni. 
The Atifi then submitted. In 1902 the Sultan again raised a force to suppress 
the Subaihi. After a few skirmishes he returned to Lahej. 

On the ist November 1901 he was appointed a Knight Commander 
of the Star of India. 

The Sultan attended the Darbar which was held at Pelhi on jst 
January 1903. 

The gross revenue of the tribe is estimated at Rs. 1,00,000 a year, and 
the population amounts to about 18,000, 

The Sultan of Lahej is entitled to a salute of 9 guns, which was 
formally gazetted on the ist January 1877. 

(2) The Subaihi. 

The large tribe of the Subaihi occupy the country bordering on the 
sea from Ras Imran to B*ib al Maudeb. They owe allegiance to no 



48 Aden The Subaihi. Part II 

paramount Chief, but are divided into a number of petty dans, They have a 
high reputation for courage, but it is dimmed by their character for irearhery 
and love of plunder. After the capture of Aden several Kni'ni'<-M, r j,f t 
(No. XXVI) were arranged in 1839 with the Chiefs of this tribe. Tntil 1^7 / 
the only Chiefs enjoying stipends from the British Government \\<'i<* (h*> 
heads of the Dubaini and Rajai clans. In that year the Mansuri elan at UK krd 
and plundered a caravan coming into Aden. A detachment of the Aden Ironp, 
which had been raised in 1865 for police purposes, was despatch*-*! against 
them, and an action ensued in which one of the Chiefs and most of his j>;ufy 
were killed. Eventually, in 1871, the Subaihi Chiefs came into Aden and h-n- 
dered their submission ; they also entered into Engagements (No, XXVI I; !<> 
preserve the peace of the roads ; to restore plundered property; and to abolish 
transit duties and taxes on the roads passing through their I en if nnVs, in 
return for monthly stipends.* An additional Kngu# mrnt (No. XXVIII) was 
also signed in 1871 by the Mansuri Chief, by which he admitted his respon- 
sibility for the good behaviour of the Kuraisi, 

A separate Engagement (No, XXIX) was made in 1871 with (lie Afih 
subdivision of the tribe, by which they agreed to afford protection to ship. 
wrecked seamen of any nation, and to protect and send to Aden deserters 
from the garrison and shipping. 

An expedition despatched in 1878 by sea am! land was stirtvssful In 
putting a stop, for the time, to the depredations committed by the Barhnni, 
a sub-tribe of the Subaihi, but on the recrudescence of disorder tbcttbolp 
tribe was put under the control of the Abdali (see The Abdali, A^onnmt 
No. XXIII). In 1886, however, as detailed above in the atvount of tb<* - 
Abdali, the Subaihi agreement became inoperative, the various Subaibi tribes 
resumed their old position of independent relations with the Aden Residenrv 
and their stipends were restored to them. * ' 

In 1889 Protectorate Treaties (Nos. XXX ami XXXI) were made 
with the Atifi and Barhemi. These were ratified on the afith February i %> 
In April 1899, owing to continual robberies by the Subailtis, the Abdalis 
were given permission to occupy R as al Arah, Twin, and Am Kija, In 
November the Atifi attacked an Abdali post, but when the Abdali 
a large force the Atifi submitted. 

In 1900 Muhammad Saleh Jaffer, the late Native Assistant esen, 
took refuge among the Mansuris and Makhdumis and incited them to plunder. 

a Iare force 



i c. ""sH's im 

place m Subaihi country. The Subaihi continued to plunder <hiring ,904, 

* The Mansuri $25, Makhdurai $30, and Rajai $40, * 



Part II Aden The Subaiki and the Fadthli. 49 

In March 1904 Captain Warneford was murdered at Am Rija on his way 
to join the commission as political officer. By May the boundary was 
demarcated. No opposition was experienced from any tribe, except the 
Khalifi, Atawi, and Jazeri. 

A postal sowar carrying Government mails was shot by a raiding party 
of Atifis near Shaikh Othman in January 1906. The greater part of the 
mails were recovered, but the tribe, failing to surrender the offenders as they 
were called upon to do, were prohibited from entering Aden and payment of 
their stipend was suspended. 

Saleh Ba Haidara the Rijai, murderer of Captain Warneford, was shot 
by a dependant of the Mansuri Shaikh in March 1906. 

The gross revenue of the tribe is estimated at Rs. 5,000 a year, and 
the population at 19,500. 

(j) The Fadthli. 

The Fadthli, with whom an Engagement (No. XXXII) was concluded 
by the British Government in July 1839, after the capture of Aden, are one 
of the most powerful and warlike tribes near Aden. Their possessions lie to 
the north-east of that settlement, and extend for a hundred miles along the 
coast from the eastern limits of the Abdali near Imad to the western boundary 
of the Aulaki at Makatin. The Sultan of Lahej for many years paid annual 
subsidies to the neighbouring tribes, including the Fadthli, through whose 
territory the trade of the country passed, and these payments were at first 
continued by the British Government on condition of the Chiefs remaining in 
friendly alliance. Owing to the weakness, however, of the character of 
Sultan Ali bin Mohsin of Lahej, through whom it was the early policy of the 
British Agent to transact all business with the Arabs of the country round 
Aden, the neighbouring tribes ventured for some years to perpetrate a series 
of atrocities upon individual British officers and others, which the Sultan was 
quite unable to prevent or punish. His efforts, indeed, to procure compliance 
with the demands of the British Government for satisfaction for these 
outrages, brought on him the hostility of his rivals, the Fadthli tribe, who had 
sheltered some of the murderers, and who endeavoured to stir up the 
neighbouring tribes to hostility with the British. The stipend of the Fadthli 
Chief, which had been assigned to him by the engagement of 1839, was 
stopped till he should expel the criminals who had taken refuge with him, 
This he did, and on the restoration of his stipend, he voluntarily signed an 
Agreement (No, XXXIII) to protect the roads from Aden through his territory. 

vou xm, E 



to Aden Tw Fadttth. Part II 

Pi;*" th* SraV'tv of the Sultan of Lahcj to prevent or punish crimes com- 
rritl'": ^y trc r.djaceri tribes necessitated a change in the policy of dealing 
w!rh tlierr and tie commencement of intercourse with their Chiefs direct, 
ir.-^ad o: rtrcigh the Sultan as medium. 

For seme yea-s after the introduction of this system the conduct of the 
Fadth'i Chiei, Ahmad bin Abduila, was satisfactory. By his behaviour at 
tre wreck of the S fare tic in January 1854 he earned the approbation of the 
British Govtrnmer.t, but soon aiterwards, either trorn dissatisfaction at the 
amount oi she reward granted to him ior his services on this occasion, or out 
ot Wrius* r.t tLc Irtlnuxv of British relations with the Sultan of Lahej, he 
r^-HAC IA *ML ^ o" pe-vsient hostility Within gunshot of the fortifica- 
r A !e~: 1 e / '.:, J a caravan, and assembled a large force with the 
^ ces::o/I.:g the crops of the Abdali, and defying the authority of 
the British G 



A STa-l bod) of troops was accordingly despatched against him in 
December :SG5; he \\ as defeated and compelled to seek safety in flight, 
v/:;e the troops entered the Fadihh courtn and destroyed several villages. 
The ^ea^ort 01 Shjkra was at first spa:ed, in hopes that the punishment 
already aclnismstc-eti v.ouM pro\e sufiicient, but some further outrages 
hu\!^ t c; been ptrpt-t-ated b> the FadiLIi, another expedition left Aden, 
tat'StHA e*i tne torts inland, and returned within three days, thus showing the 
Fs-ukh i chat they a, Jd be approached by land or by sea \\ith equal facility. 
It svas decided tl:r.: either tl*>e Ch5et or his son should enter Aden and tender 
i-ncunJsti3rr suOT:s3 : on bc f cre friendly relations could be resumed. All 
ot>er o^ertjres were defined, and in March 1867 a letter was received from 
the Cniet staring Hs> wish to send his elder son to tender the submission of 
the tribe, A safe conduct was granted, and finally a Treaty (No. XXXIV) 
emlxajiKg the prescribed terms, was signed by the Chief in 1867, the 
RehiJe^t agreeing en the part ol the British Government that the past 
should Iv .0:^" ^\-n 

This treaty has been authoritatively declared to be the only one now in 
force, h accordance with article 4, a relation of the Chief was deputed to 
reside in Aden as a permanent hostage; but on his death in 1870, this 
ankle was allowed to remain in abeyance. Shortly after the ratification of 
the treaty of iS6; the stipend of the Fadthli Chiei was raised from 30 dollars 
to loo dollars a month. Sultan Ahmad bin Abduila died in February 
^1870, and *as succeeded by his eldest son, Haidara, who was assassinated 
in August i? 77. The latter was expelled by the tribe, who elected his son, 
Ahmad, to be their Chief. The succession was recognised by the British 



Part II Aden The Fadthti. 



Government, In July 1879 Sultan Husain, being found to be implicated in 
certain intrigues, which had for their object a rebellion in the Fadthlt country, 
was arrested and deported to Bombay. He was liberated in December 
1886, and his conduct since his release has given no cause for uneasiness. 

In 1872 the tribe agreed (No. XXXV) to abolish transit duties on goods 
conveyed to and from Aden through their territories, in consideration of 
which measure the Chiefs stipend was further increased to 180 dollars a 
month. 

In 1881 a boundary dispute, which had long caused ill-feeling between 
the Fadthli and Abdali, was terminated by the conclusion of a Treaty 
(No. XXXVI) defining their respective limits. 

In 1883 it was reported that the lower Aulaki had invaded the Fadthli 
territory, and a force \\asdespatchedfrom Aden by sea and land to" the 
assistance of the latter. No invasion having actually taken place the iorce 
was withdrawn. Shortly afterwards the lower Aulaki invaded Fadthi 
territory, but the attack resulted in their complete discomfiture. 

In 1888 territorial disputes arose between the lower Yafai and the 
Fadthli and the former cut off the supply of the Nazia ; a desultory strife 
continued for some time between the tribes with occasional short truces. 

In August 1888 a Protectorate Treaty (No XXXVII) was concluded 
with the Fadthli, which was ratified on the 26th February 1890. 

In October 1891, in consequence of the misconduct of the Fadthli, it 
became necessary to impose a fine of Rs. 1,000 upon the Chief, and to 
suspend the payment of his stipend. The advisability of reviving the fourth 
article of the agreement of 1867, requiring the residence of a Fadthli 
representative at Aden, was also taken into consideration. In December 
1891, however, on his making full submission, the punishment was in part 
remitted by the Government of India. 

In 1892 and the following year a desultory strife, interrupted by short 
truces, continued with the lower Yafai over the \*ater-supply of the Nazia. 
In 1893 a, truce was made for one year and was continued in 1894. and the 
following years. 

The Markashis also gave considerable trouble plundering in British 
territory. The Sultan finally declared himself responsible for them. 

In 1899 a ^ the Sultan's request his two brothers, Saleh and Abdulla, 
were deported to India for conspiring against him. In 1900 Saleh died at 
Karachi, and Abdulla was released. 

VOL. xiil. E 2 



jja Aden Tne Fadthli and th* Akrabi. Part II 

The Sultan established a new customs post at Zanzibar for the purpose 
of levying dues on Kafilahs. In consequence hostilities with the Yafai 
recommenced. AH efforts to effect a reconciliation failed, till in 1904 
the Sultan visited the Resident at Aden, and promised to stop levying due 
and to abandon his post at Zanzibar. 

In 1906 the Sultan \\as reported to have commenced levying transit 
dues on Kaftlahs at Zanzibar. In reply to representations on the subject he 
urged that these \s ere only fees willingly paid for escorts furnished to cara- 
\aiis beyond Ins ov\n limits, and the matter uas not pursued, 

Hostilities with the lower Yafai continued intermittently. 

The population of this tribe is estimated at 24,000, and the gross 
revenue at Rs 20,000 a year. 

The Fadthli Sultan is entitled to a salute of 9 guns, which was formally 
gazetted on the ist January 1877. 

(4) The Akrabi. 

The Akrabi tribe are a subdivision of the Abdali, who, under Shaikh 
Mahdi, threw off allegiance to Abdul Karim of Lahej and became independent 
about the jear 1770. The only town, or rather village, is that of Bir Ahmad. 
An Engagement v Xo. XXXVIII) was concluded in 1839 with their Chief, 
Shaikh Haidara Mahdi, atter the capture of Aden, and it was adhered to 
until the date of the third attack upon the fortress in July 1840. Thence- 
forward for many years their attitude was one of hostility. In 1850 they 
murdered a seaman of the Auckland. This necessitated the blockade of the 
port of Bir Ahmad, which continued for several years, and friendly relations 
with the tribe were not resumed till 1857, when the Chief of the Akrabi tribe 
renewed (No. XXXIX) his professions of peace and good will. In 1863 an 
Agreement (No. XL) was made with him, by which he engaged not to 
sell, mortgage, or give for occupation, save to the British Government, any 
portion of the peninsula of little Aden. In return he was to receive an 
immediate payment of 3,000 dollars, and a monthly stipend of 30 dollars. 

These terms were not considered entirely satisfactory by Her Majesty's 
Government, and the Resident was instructed to treat for the complete and 
unreserved acquisition of the peninsula. After tedious negotiations, which 
were further protracted by the necessity of investigating the claims of other 
tribes to this territory, the purchase was concluded (No. XLI) on the 2nd 
April 1869 for a sum of 30,000 collars, the stipend of the Chief being at the 

time raised to 40 dollars a month. 



II Aden The Akrabi and. the Upper Aulaki. 



53 



The animosity, always latent, between the Abdalz and Akrabi, took overt 
from in 1887, and in August of that year the Abdali besieged Bir Ahmad 
in a desultory fashion. Eventually, as the British limits at 'Hiswa were 
disturbed, the Resident intervened ; the Abdali evacuated Akrabi territory, and 
peace was restored on the 6th September. 

Negotiations were commenced in 1887 for the acquisition of a strip of 
foreshore to connect the British limits at Al Hiswa and Bandar Fukum. 
They were brought to a satisfactory conclusion by an Agreement (No. XLII) 
dated the 15th July 1888, the Akrabi Shaikh disposing of his title for an 
immediate payment of Rs. 2,000. 

In 1888 a Protectorate Treaty was concluded (No. XLIII) with the 
Akrabi, similar to that arranged with several other tribes, and was ratified 
on the 26th February 1890. 

The Akrabi inhabit the coast-line from Bir Ahmad to Ras Imran ; 
inland their territory extends to an undefined point between Bir Ahmad and 
Wahat. They can muster about 250 fighting men. Shaikh Abdulla bin 
Haidara Mahdi, succeeded to the Chiefship in 1858 on his father's 
resignation. Shaikh Abdulla died in March 1905, and was succeeded by 
Shaikh Fadthl bin Abdulla bin Haidara. 

His gross annual revenue amounts to about Rs. 2,000. His tribesmen 
number about 700 souls. 

(5) The Upper Aulaki. 

The Aulaki tribe is divided into two sections, the upper and the lower 
Aulaki, each under an independent Chief. The upper Aulaki are again 
subdivided, part being under the rule of a Sultan who resides at Nisab, 
and part governed by Shaikh Mohsin bin Farid, who is nearly as powerful as 
the Sultan and lives at Yeshbum. 

The Aulaki inhabit the tract of country stretching from the Fadthli 
boundaries on the west to those of the Dhuyaibi on the east ; but the ports 
of Irka and lower Haura on this coast are held by independent Shaikhs. 

In 1889 the upper Aulaki Shaikh voluntarily signed a written agree- 
ment abandoning all customary rights over Fadthli and Abdali. 

On 8th December 1903 a treaty (No. XLIV) was concluded at Aden 
with the upper Aulaki Shaikh and was ratified on 5th February 1904. 

A treaty (No. XLV) was also concluded with the upper Aulaki Chief 
on 1 8th March 1904 and ratified on. 23rd April 1904. 



54 Aden-n* lover AulaU and Behcm at Kasab. Part ll 

(6) The Lower Aulaki. 

In October 1855 the Resident at Aden entered into an Engagement 
(No, XLV!) with Sultan Munassar bin Bubakr, Mahdi of the lower Aulaki 
tribe, by which the latter bound himself to prohibit the importation of slaves 
into the country from Africa. He was murdered together with his son, 
Abdulla, in July 1863, and was speeded by his cousin, JBubakr bin Abdulla, 
who Jn 1892 resigned the Chieftainship in favour of Saleh bin Ali bin Nasir, 
a distant relative. The Government sanctioned this arrangement and 
continued the stipend enjoyed by Bubakr bin Abdulla to his successor. The 
authority of the lower Aulaki Chief over his tribe is somewhat limited. 
Sultan Bubakr bin Abdulla was not always able to prevent the r plunder of 
vessels wrecked on his coast, "in 1871, however, he bound himself by an 
engagement to use his best endeavours to prevent such outrages in future, and 
to protect and, if possible, convey to Aden any shipwrecked seamen who 
might stand in need of his assistance. 

In 1 883 dissensions broke out between the Fadthli and lower Aulaki, 
leading to a raid on tfre Fadthli territory. The lower Aulaki were defeated, 
with considerable loss, as detailed in the account of the Fadthli (mde 
supra). 

A Protectorate Treaty (No, XLVII) was concluded with the Sultan m 
1888, and was ratified on the 26th day of February 1890. 

Sultan Saleh bin Ali bin Nasir resigned the Chiefship in 1900, and 
Sultan Ali bin Munassar succeeded him, The latter died in 1902 and was? 
succeeded by Sultan Nasir bin Bubakr. 

In 1904 some Fadthli tribesmen fired on a lower Aulaki dhow, and in 
consequence the old feud between the two tribes broke out agairi. There 
was little actual fighting, and at the end of the ye^r a truce was pro- 
claimed. 

The population of the lower Aulaki tribe is estimated at 15,009) and 
the gross revenue at Rs. 10,000 a year, 

(7) Behan al Kasab. 

This country lies to the north-east of the upper Yafai country, and to 
the north of Beda. 

It was not till the question of demarcating the north-eastern frontier 
arose' 4hat -any intercourse v\#s held with ibis tribe. 

In December 1903 a Treaty (No. XLVIH) was concluded with Sharif ' 
foijsiiu lie, d,raws 3 monthly stipend of 30 dojlars. 

The population of this 'district' is estimated at 1 2,000* ' 



II Aden The Irka t Lower Hawa, and Yafai. 55 



(<?) fria. 

Since 1888 the Shaikh of Irka has received a stipend. A Protectorate 
Treaty (No. XLIX) was concluded with him in that year, and was ratified on 
the 26th February 1890. 

Shaikh Awadth bin Muhammad ba Das died in January 1901. 
He was succeeded by Shaikh Ahmad bin Awadh bm Muhammad ba Das. A 
new Protectorate Treaty (No. L) was concluded with the latter in January 
1902, when his stipend was increased from 80 to 180 dollars, 

(g) Lower Haura. 

The Shaikhs reside at lower Haura, a seaport abou 12 miles from Irka. 
Since 1888 an annual stipend has been paid to them, and a Protectorate 
Treaty (No. LI) was concluded with them in that year, and was ratified 
on the 26th February 1890. 

In May 1895 Shaikh Abdulla bin Muhammad ba Shahid, the represent- 
ative Shaikh, died. He was succeeded by Shaikh Said bin Abdulla ba Shahid 
who abdicated in February 1896, being succeeded by his brother, Shaikh 
Ahmad bin Abdulla. The latter died in March 1900, and was succeeded by 
Shaikh Saleh bin Awadth. 

A revised Protectorate Treaty (No. LII) was concluded with the latter 
in April 1902, when his stipend was increased from 50 to 180 dollars. 

(10) The Yafai. 

This tribe is divided into two sections, the lower 1 and upper Yafai. 
Their territory inland is very extensive, but the' maritime districts east 
of Aden, which formerly belonged to the tribe and extended to the frontiers 
of Hadthramaut, were wrested from th$m- by the Fadthli shortly before the 
capture of Aden-. 

(a) Lower Yafai. 

Soon after the capture of Aden an Engagement (No: LIH) was enteted 
into, in 1839; with Sultan Ali bin Ghalib, Chief of the lower Yafai, similar 
to that concluded with the Abdali and Fadthli Chiefs^ and 1 has been loyaalr 
adhered to. 

Sultan All bin Ghalib died in 1841 at a great age, and was succeeded by 
his son, Ahmad bin Ali, He died in September 1873, and was succeeded oy 
his son, Ali bin Ahmad, who was succeeded by his brother, Mohsin bin Ahmad, 
in May 1885. He died on the I9tli July 1891, and his nephew, Sultan 



56 Aden r/w? Yafai. Part II 

Ahmad bin AH, was elected as his successor to the Chiefship. The Gov- 
ernment of India sanctioned the continuance to him, with effect from the 
20th July 1891, of the annual stipend of 250 dollars enjoyed by the late 
Sultan. 

Hostilities broke out between the Yafai and the Fadthli in the year 
1873, in consequence of the Yafai Chief having repudiated an engagement 
concluded on his behalf by his son and in the presence of the Resident at 
Aden, whereby he had consented to accept a royalty of 25 dollars a year 
from the Fadthli Sultan for the use of water for irrigation. For this breach 
of faith the stipend of the Yafai Chiefs was temporarily withheld. 

From 1888 to 1893 a desultory strife, interrupted by short truces, was 
carried on ^ith the Fadthli over the water-supply from the Nazia channel. 
In 1893 a truce was made and was kept for several years. 

In 1893 Sultan Ahmad bin Ali visited Aden on his way to Mecca, where 
he died on the 27th June. He was succeeded by Sultan Bubakr bin Saif. 

On the ist August 1895 a Protectorate Treaty (No, LIV) was concluded 
with the lower Yafai. 

In 1899 Sultan Bubakr bin Saif died. He was succeeded by Sultan 
Abdulla bin Mohsin. 

In 1902 the Fadthli Sultan established a new customs post at Zanzibar 
and levied dues on Yafai Kafilahs. The Yafai retaliated by cutting off the 
^ater-supply from the Nazia channel. The Fadthlis then attacked Al Husn 
and Al Rawa. In 1903 the Resident endeavoured to effect a settlement, but 
the Yafai Sultan refused to attend the conference, In 1904 the Fadthlis 
attacked Raha and Khanfur, and up to the present time (1906) no settlement 
has been reached. 

Relations with the lower Yafai Sultan continue to be strained since 
1904, owing partly to his dissatisfaction with the position accorded to 
certain sections of the upper Yafai over whom he is inclined to assert a claim 
to general suzerainty, and partly to his dissatisfaction with the rank and pre- 
cedence assigned to himself. 

The population of lower Yafai is estimated at 28,000, and the gross 
revenue at Rs. 16,000 a year. 

(6) Upper Yafai. 

The present Chief is Sultan Kahtan, who succeeded Sultan Muhammad 
bin Ali in 1895. Very few dealings were held with the upper Yafai till 1903, 
when in that year it was proposed to demarcate the north-eastern frontier 
Treaties (Nos. LV to LX) were concluded with the Dthubi, Mausatta, Muflahai 



Part II Adea The Yafai und the Haushabi. 57 

sections, with Sultan Kahtan bin Omar, as titular chief of the whole tribe, and 
with the Hadthrami and Shaibi sections. In August the Shaibi frontier was 
demarcated, but on the survey party entering the Rubiaten district, a post 
which had been established at A\\abil was attacked by Sultan Salehbin Omar, 
Sultan Kahtan's brother, and his followers. The attack was repelled, but as 
the Turks declared that any advance into the Rada district would imperil 
the negotiations then proceeding between the two countries, ail attempts to 
demarcate the north-eastern frontier were abandoned. 

In October 1903 an Agreement (No. LXI) was made by Shaikh Mutahir 
Ali of the Shaibi tribe, by which he undertook to look after the boundary 
pillars for a monthly stipend of 7 dollars. 

In 1904 Sultan Kahtan bin Omar was deposed by tribesmen headed by 
his brother, Saleh, because of the agreement he had entered into with the 
British Government: Saleh bin Omar having the stronger personality of the 
two. In 1905 Government sanctioned the gift to Sultan Kahtan of 3,000 
as an assistance towards effecting his rehabilitation. 

The Shaibi tribesmen have their headman of clans, who own a sort of 
allegiance to a stipendiary by name Shaikh Ali Mani, the Sakladi. The 
Nukaba of Mausatta where the British have two " Askars" as stipendiaries, 
assert that they have considerable influence in Shaibi ; and Shaikh Ali 
Mohsin Askar, the son of Mohsin Askar (one Mausatta stipendiary^ 
frequently visits the country as mediator. Ali Mohsin Askar has an 
allowance from Government of 20 a month in recognition of his import- 
ance as so long as he is faithful to Government. 

In 1906 Ali Mohsin Askar, owing to a fancied slight received as he 
asserted in Aden, returned to the Shaibi country and knocked down a 
boundary pillar. His allowance was stopped till he came into Dthala before 
the Resident and asked for pardon. 

The Yafais are among the most civilized of the hinterland tribes, and 
have commerce with India, Java and Borneo, where they trade and also 
serve as mercenaries. They boast that no European has ever crossed their 
frontier. 

The numbers of the upper Yafai tribesmen are estimated on necessarily 
imperfect data at 80,000. 

(//) The Haushabi. 

On the I4th June 1839 an Engagement (No LXII) was entered into 
with Sultan Mani bin Salam of this tribe, of the same tenor as those with the 



58 Aden The Haushabi. Part II 

Abdali, the Fadthli, and the Yafai. In the previous January a Treaty 
(No, LXIII) of friendship and peace had been signed by two other Chiefs 
of the Haushabi tribe with the British representative. Sultan Mani bin 
Salam, though more than once invited by the Abdali and Fadthli Chiefs to 
join them in their attacks upon Aden, steadily declined their overtures. He 
died in June 1858, and was succeeded by his nephew, Obaid bin Yahya, 
during whose rule friendly relations were uninterruptedly maintained with the 
Haushabi. Obaid bin Yahya died in 1863, and was succeeded by his cousin, 
AH bin Mani. The relations of Sultan A15 bin Mani with the neighbouring 
Chiefs and the British Government were for a long time the reverse of cordial 
In 1868 he cut off the supply of water from a rivulet which irrigates the 
Lahej territory, and destroyed the crops on lands belonging to the Sultan 
of Lahej, who accordingly marched against him. An action ensued in which 
the Haushabi Chief was defeated. In payment of the loss suffered by the 
Sultan of Lahej, Sultan Ali bin Mani ceded to him the town of Zaida and its 
lands which had formerly belonged to Lahej, and the dispute was temporari- 
ly settled by the friendly intervention of the Resident. In October 1869 the 
Haushabi Chiefs stipend was stopped in consequence of the outrages com- 
mitted by him on the Aden road ; the proximate cause of this misconduct 
was the tenure of Zaida by the Sultan of Lahej, who was therefore induced 
to make over to his rival a small portion of that district. The Haushabi' 
Chief was not satisfied, and in 1873 commenced intriguing with the Turkish 
authorities at Taizz in the hope of thereby regaining: possession of Zaida. 
Supported by Turkish troops he held for some little time a part of Zaida, but 
on their withdrawal from the neighbourhood of Lahej he was compelled to 
retire. 

The Sultan of Lahej was induced by the Resident to renew his offers 
of a portion of Zaida to the Haushabi Chief, but as the latter insisted on 
receiving the fort of Shakaa, which commands the rivulet and consequently 
the supply of water to Lahej, the negotiations failed for the time. They were, 
however, renewed with success in iSSi, when, as recorded above in the 
account of the Abdali, an Agreement (See No. XXII) was signed by both 
Chiefs. In 1886 this agreement was modified by the action of the Haushabi 
Chief in selling his lands at Zaida to the Abdali. 

Sultan Ali bin Mani died in May 1886, and was succeeded by his son, 
Mohsin bin Ali. 

On the iSth November 1888 the Sultan signed an Agreement 
(Appendix No, HI) in conjunction with the Alawi and Kotaibi Shaikhs and 
the Amir of Dthali fixing the rates to be levied on merchandise. 



Part II Aden The Haushabi. 59 

In 1894, owing to the heavy taxes laid on Kafilahs by Sultan Mohsin 
bin Ali, the Abdalis entered his country and he was obliged to flee. He was 
repudiated by his Chiefs and at their request the Abdali Sultan was 
elected in his place. Mohsin bin Ali, having failed in his intrigues with the 
Turks, submitted to the Abdali Sultan and accepted an asylum at Ar Raha 
with a stipend On 6th August 1895 he signed an Agreement (No. LXIV) by 
which his territory was restored to him under certain guarantees. On the 
same date a Protectorate Treaty (No. LXV) was concluded with him and 
was ratified in October 1895. 

In 1900 Muhammad bin Nasir Mukbil, a Shaikh of the Homar tribe, 
and a Turkish Mudir, built a fort in Haushabi limits which the Turks garri- 
soned. The Turkish authorities were requested to evacuate it. This they 
failed to do, and the Haushabi Sultan was given permission to drive them 
out This attempt failed, and in July 1901 a force of 500 men was despatched 
from Aden. The Turks and Muhammad bin Nasir Mukbil's adherents were 
driven from their position at Ad Dareja on the 26th July and the expedition 
returned to Aden. 

In 1902 several fights took place with the Abdali and the trade routes 
were stopped for a time. 

In 1903 the boundary commission demarcated the Haushabi frontier. 
On the 28th September 1904 Sultan Mohsin bin Ali died. He was 
succeeded by Sultan Ali Mana. 

Subsequent to the election of Sultan Ali bin Mana, the question of his 
relations with the Abdali Sultan had been under the consideration of Govern- 
ment. The present decision is that with the consent of both the Sultans, 
the relations agreed upon by their predecessors i 1895 shall continue. 

From 1905 the Abdali-Haushabi relations were revived in accordance 
with the arrangements made between their predecessors in 1895. These 
relations are now satisfactory. 

Throughout 1906 the Haushabi Sultan was harassed by his Subaihi 
neighbours who committed depredations in his territory. An Abdali- 
Haushabi combination against these marauders resulted ia the Haushabi 
imprisoning the kaders of the Jabbera section at Musemir. The Abdali 
assistance was, however, purely nominal. 

Certain Abdalis working ia the vicinity of the British post at Nabat 
Dakaim were attacked by Subaihis of the Jabbera section. The motive 
was to retaliate on the Abdali Sultan who ha4 refused them presents at Lajiej. 
The Subaihis retired after exchanging a few shots. 



rfo? Hauskabi and the Aluttsi. Part II 



The Haushabi number about 8,200 souls. The Sultan's gross annual 
revenue Is estimated at Rs. 11,000, 

(12} The Alawi. 

The district occupied by the Alawi tribe is situated to the north-west 
of the Haushabi country. No separate engagement was entered into with 
this tribe after the capture of Aden, but the Chiefs stipend was secured 
through the Intervention of Sultan ilani bin Salam of the Haushabi tribe. 

In 1873 a body of Turkish troops marched through the Alawi country 
and compelled the Chief, Shaikh Saif bin Saif, who had refused to tender 
allegiance to the Turkish authorities at Taizz, to submit; and to surrender 
his son as a hostage. The latter was eventually released in consequence of 
the remonstrances of Her Majesty's Ambassador at Constantinople 

Shaikh Saif bin Saif died in March 1875, and was succeeded by his 
nephew, Said bin Saleh. The latter died on the ist April 1892 and his 
eldest son, Shaikh Saif bin Said, was elected to the Chiefship and was 
recognised by Government. The annual stipend of 60 dollars paid to the late 
Chief was continued to his successor. 

In 1888 Shaikh Said bin Saleh signed an Agreement (see Appendix 
No. Ill) in conjunction with the Haushabi, Kotaibi * and the Amiri * fixing 
the rates to be levied on merchandise. 

On the i6th July 1895 a Protectorate Treaty (No, LXVI) was 
concluded with the Alawi Shaikh and was ratified. 

In April 1898 Shaikh Saif bin Said was deposed by his tribe. His . 
cousin, Husain bin Saleh, was elected Shaikh, but died the same year and 
was succeeded by Shaikh Ali Nasir Saif, to whom the usual stipend was 
continued. 

1904-1906. The Alawi Shaikh has ever remained loyal to the British 
Government. He was given assistance to build a fort at Hamra, where the 
Kotaibis, prior to British advent, had held sway. 

The Alawi-Kotaibi relations have never been good. The chief bone 
of contention is the existence of co-rights in the village of Thumair close to 
Suleik. The Alawi has a custom house and he is thus able to forego 
the levy of transit dues on the people of Thumair in consideration of which 

*JThe Kotaibi and Amiri are separate small tribes owing allegiance to the Amir of 
Dthali. 



Part II Aden TV;* Alam and the Dthali. 61 

they pay him revenue, whereas the power of the Kotaibi suffers from their 
having no right to levy dues. 

The Alawi number 1,500 souls. Their gross annual revenue is estimated 
at Rs, 6,000. 

(73) Dthali. 

The collection of tribes ruled over by the Amir of Dthali occupy the 
district north-west of the Alawi country on the high road to Sanaa. The 
ancestors of the present Chief are said to have been Muwallads, or half caste 
slaves of the Imams of Sanaa, and to have established themselves as indepen- 
dent at Dthali about the beginning of the last century. 

On the death of the late Chief, Shafal bin Abdul Hadi, in 1872, his 
nephew, Ali bin Mokbil, was recognised by the British Government as his 
successor. In the following year he was required by the Turkish authorities 
to make his submission to the Porte, a Turkish Superintendent was appointed 
to Dthali, a detachment of Turkish troops was quartered there, and the 
Chief was required to give a hostage for his good behaviour who was to 
reside at Taizz. He was afterwards summoned by the Turks to Kataba, 
and imprisoned there, but effected his escape. Muhammad bin Masaid, 
who had been appointed Chief by the Turks in the place of his nephew, Ali 
bin Mokbil, was killed, and his son, Abdulla bin Muhammad, was recognised 
by them as his successor. He continued to resist Ali bin Mokbil till 1878, 
when Turkish support having been withdrawn from his rival, Ali bin Mokbil 
resumed his position as Chief of the tribe, with the loss, however, of several 
of his villages which had, some voluntarily and some under pressure, yielded 
allegiance to the Porte. 

In 1880 the Chief signed an Agreement (No. LXVII) by which he 
became a British stipendiary, receiving 50 dollars a year. This allowance 
was afterwards increased to double that sum. 

In September 1886 Ali bin Mokbil died, and was succeeded by his 
cousin, Saif bin Saif, to whom the stipend is continued. 

In 1 88 1 the Kotaibi tribe became restless, and began to exact dues on 
the Hardaba route. In 1884 it was found necessary to support the Amir 
with a few sabres of the Aden troop and some sappers. They destroyed' 
some of the Ahl-ath-Thomari forts, and the Kotaibi then tendered their 
submission But they soon resumed their independent position, and it was 
not until 1888, when the Resident met the Haushabi, the Dthali Amir and 
others to settle a schedule of rates (see Appendix No. Ill) to be levied on 
kafilahs, that the Kotaibi and Ahl-ath-Thomari formally recognised the Amir 
as their superior. 



6 Adea The Dthali and ike Wahidi. Part II 

The years 1889 to 1900 were marked by the continued restlessness of 
the Kotaibi, who failed to keep the settlements made in 1888, arid by the 
encroachments of the Turks. 

In 1901, and the beginning of 1902, the Turks occupied Jalela, Mafar, 
and Jebel Jehaf. 

The joint delimitation commission met in February 1902. The Turks 
claimed the whole of the Shairi, Jebel Jehaf, and Mafari districts. A year 
was then spent in correspondence between the British Government and the 
Porte, and it was not till the British forces had been reinforced to a 
strength of 2,500 men that the Turkish garrisons were withdrawn. In March 
1903, an Irade was issued at Constantinople decreeing the commencement 
oi the delimitation. By October the frontier had been demarcated, includ- 
ing on the British side the Shaibi tribes, the Amiri villages in the Wadi As 
Safiya and the Humedi and Ahmadi tribes. 

The Amir attended the Coronation Darbar at Delhi in January 1903, 

In 1906 there were differences with the Shairi tribesmen. Matters cul- 
minated in a fight and the ill-feeling continued throughout the year. The 
tribesmen of Jebel Jehaf joined the Shairis and refused to pay the Amir any 
taxes on the hill. 

The Ahmadi tribe on the river Tiban also became disaffected and refused 
to own Amiri suzerainty. 

In November 1903 it became necessary to march troops against the 
Kotaibis who had attacked the post at Suleik. The operations were 
successful, 

In November 1 904 a further Treaty (No. LX VII I) was concluded with 
the Amir. It was ratified in February 1905. 

The tribesmen of the Amir number about 50,000, and the gross 
revenue is estimated at Rs, 35,000 a year. 



The WahidL 

The Wahidi are a Hadthramaut tribe. The territory occupied by them 
is bounded on the north and north-east by the lands of the Naman and 
Burayshi tribes, on the north-west and west by the upper Aulaki, on the 
south-west by the Dhuyaibi, and on the south by the Arabian Sea. It has 
a sea-coast estimated at 50 miles in length, and includes the ports of 
Ras al Kalb, Bir AH, Balahaf, and Ras al Majdaha. 

The country may be divided into the three districts of Habban, Izzan, 
and Bir Ali. In 1885, Hadi bin Saleh being made the principal Sultan, the 
Wahidi were practically united under one ruler; but the title of Sultan is 
borne by several subordinate Chiefs belonging to the ruling family. 



Aden The Waki**. Part II 



that executed by the Chief of Sokotra, were concluded in 1888 with the 
Sultans of Bir AH and Balahaf. Annual stipends of 120 dollars each were 
at the same time granted to Sultan Mohsin bin Saleh of Bir AH and Sultan 
Had! bin Saleh of Balahaf. 

Sultan Had! bin Saleh of Balahaf in 1892 resigned the Chiefship 
in favour of his younger brother, Mohsin bin Saleh. The Government 
sanctioned this arrangement, and continued the stipend to Mohsin bin 
Saleh. 

In 1893 Sultan Mohsin bin Saleh of Bir AH died, and was succeeded by 
Sultan Saleh bin Ahmad, the usual annual stipend being continued to him. 
During this year Sultan Mohsin bin Saleh of Balahaf displayed a refractory 
spirit and intrigued \\ith foreign powers. He was driven from Habban 
by his tribesmen, but he still continued his intrigues and contrived to 
bring some rifles into the country, for which Ahmad bin Saleh, his brother, 
was imprisoned at Aden. In the meantime Saleh bin Abdulla was elected 
Wahidi Sultan, but he was overawed by the ^-Sultan's threats, and was 
afraid to hoist the British flag, when the Native Assistant Resident was 
sent to Balahaf in the R. I. ML S. Dalhousie to make enquiries as to the 
state of affairs, on the ground that the ^-Sultan's brother, Husain bin 
Saleh, had threatened to fire on him if he did so. A small force was 
therefore sent to Balahaf in November 1894 * n H. M. S. Bramble and the 
R, I. M. S. Dalhousie, which brought back Sultan Saleh bin Abdulla on a 
visit to the Resident and Husain bin Saleh as a prisoner. 

In March 1895 a Protectorate Treaty (No. LXXI) was concluded with 
Sultan Saleh bin Abdulla, by which his stipend was increased to 360 dollars. 
Husain bin Saleh and Ahmad bin Saleh were released. 

On ist June 1896 an amended Protectorate Treaty (No. LXXII) was 
concluded with the Wahidi of Bir AH and his stipend increased to 360 
dollars. 

During 1901 the Wahidi complained of Kayti intrigues and asked 
for British protection ; and the Wahidi Chiefs requested that Mohsin bin 
Saleh, the ^-Sultan, might be recognised as titular chief, but their request 
was refused. 

b 1902 Mohsin bin Saleh plundered a Kayti Sambuk containing 
specie. The Resident proceeded to Balahaf with a small force. As 
Mohsin bin Saleh failed to give up the plunder, the fort at Balahaf was 
demolished, and the Resident returned to Aden, bringing with him Sultan 
Ahmad bin Saleh, Mohsin's brother, as a political prisoner. The port 
was closed against all shipping. In October the specie was restored 



Part II Aden-TA* Wakidi and Katkiri. 65 

but it was not until December 1904 that Sultan Mohsin bin Saleh came 
into Aden and tendered his submission. He was forgiven his past 
misdeeds. His brother was released, and he himself has received 
recognition as Sultan of the Wahidi of Balahaf, in the place of Sultan Saleh 
bin Abdulla, who proved himself a weak and inefficient ruler and gained 
the disapprobation of his tribe and the censure of Government by an attempt 
to part with his share of the port of Balahaf to the Sultan of Shehr and 
Mokalla. On the occasion of Sultan Mohsin's recognition the opportunity 
was taken to reaffirm with him the Protectorate Treaty of 1895 (see 
No. LXXI). 

The *#-Sultan Saleh bin Abdulla quarrelled with Sultan Mohsin bin 
Saleh over his share in the port dues of Balahaf, and in 1906 asked the 
Resident to interfere on his behalf which the latter declined to do. 

Sultan Nasir bin Saleh of Habban in the same year made overtures for 
a separate treaty, but these were not accepted. 

(75) The KathirL 

The country inhabited by this tribe was formerly extensive, reaching 
from the Aulaki districts on the west to the Mahri tribe on the east, and 
including the seaports of Mokalla and Shehr. Civil wars led to the 
interference of the Yafai, and much of the Kathiri territory came under the 
sway of the Kasadi and Kayti, the Kathiri now possessing no seaport 
at all. 

Some account of the tribe will be found under " Shehr and Mokalla " 
(infra). There is no treaty with them. 

At the end of 1883 Sultan Abdulla bin Saleh, one of the Kathiri Chiefs 
visited the Resident at Aden. His principal object was to ascertain what 
attitude the British Government would maintain in the event of the Kathiri 
attacking the Kayti with a view to repossessing themselves of the ports of 
Shehr and Mokalla. Abdulla bin Saleh also visited Zanzibar with intent to 
intrigue with the **-Nakib of Mokalla, from whom, however, he failed to 
obtain any material assistance, 

The Government of India in March 1884 directed that the Kathiri be 
warned that an attack upon Shehr and Mokalla would be viewed witn grave 
displeasure, and that, if necessary, a gun-boat would be sent to support the 
Kayti ruler. The Jaraadar of Shehr and Mokaila was subsequently assured 
in the most public manner that Government would support him in the 
event of any attack on his ports. 

VOL. XIII F 



66 Aden K&ikifi, and Skehr and Mokalla. Part II 



In 1895 the Kathiri captured the fort at Dhufar driving out 
the Governor, who retired to Marbat. In 1897 the port uas recaptured. 

(16} Skehr and Mokalla. 

Shehr and Mokalla are the two principal ports in the province called 
Hadthramaut on the southern coast of Arabia Mokalla is 250 miles 
north-east of Aden and Shehr is 20 miles distant from Mokalla. The whole 
province was, till some 400 years ago, in the possession of the "Kathiri, but 
alsputes having arisen among the members of the ruling family towards the 
rlose of the fifteenth century, one of the claimants, Amr bin Badr, called in 
the Yafai, who, in return for their assistance in putting him in power, retained 
for themseh es the ports of Shehr and Mokalla. Mokalla was till lately 
retained by one of their sub-tribes, the Kasadi ; both places sire now, however, 
in the possession of the head of another sub-tribe, the Kayti. 

Shehr and Mokalla were at one time centres bf -an active traffic hi slaves 
from Zanzibar and the Dankali coast. On the i4th May 1863, Brigadier 
Coghlan, the Political Resident at Aden, concluded an Engagement 
(Xo, LXXIII) with Saleh bin Muhammad of the Kasadi sub-division of the 
Yafai tribe, Xakib of Mokalla, in which he agreed f o'abolish anel "prohibit the 
export and import of slaves. A precisely similar engagement "was concluiied 
on the same date with Ali bin Naji, of the Kayti "sub-division "of the same 
tribe, Xakib of Shehr, 

In 1866 Sultan Ghalib bin Mohsin, Chief of the "Kathiris, expelled Ali 
bin Xaji from Shehr and took possession of the fort. At this time the inland 
town ot Shibam was held by the Kaiti tribe, and their Chief, Tflidulla, being 
apprehensive that the capture of Mokalla would follow that of Shelnyand 
that his communication with the seaboard would be cut oft, applied to his 
brothers, who were in the service of the Hyderabad State, for assistance 
against Sultan Ghalib bin Mohsin. A request Vas thereupon preferred 'by 
the Minister of the Nizam' for fte armed interference of the 'British' Govern- 
ment on behalf of the -rightful' Chief of Shehr. Government/ however, 
'declined to interfere or "to allow an armed expedition to be' fitted out' by 
Arabs from the Indian coast. 

? In April 1*867, Awadth (Awaz) 'bin Omar, better 'fend^n by his 
Hyderabad' title of'SuMan Nawaz Jatfg,V Mother" of tSe'Kaytr'Chief &fed&la, 
after establishing a Blocade"6n the sea-coast, tended 'near Shefer, attacked 
Sultan' Ghaltfr bin 'Mohsin, and on 'Ms flight obtained possession 6f the town. 
An attempt was made by the Kathiri' Chief in December of the same'year to 
retake the place, but he was repulsed by the Kayti, who have since" remained 



Part H Aden Shehr and M&katia. 67 

in unmolested possession of the port and district. Application was made by 
the Kathiri Chief to the British Government for permission to recover Shehr 
by force, but it was considered undesirable to interfere. At the same time 
the Nizam's Minister declared his readiness to prohibit any interference on 
the part of Hyderabad subjects Jn the affairs of Hadthramaut 

Saleh bin Muhammad died in 1873 shortly after the conclusion of a 
Treaty (No. LXXIV) with him, by which he engaged for himself, his heirs 
and successors, to prohibit the import or export of slaves to or from Mokalla 
and its dependencies. He was succeeded by his son, Omar bin Saleh, who 
accepted an offer by the Kayti Chief of Shehr to aid him in reducing the 
refractory Shaikh of Dawan, Taking advantage of his admission with 600 
followers into the fort of Mokalla, the Kayti Chief demanded payment of a 
debt alleged to have been due to him by the late Nakib. 

It was finally arranged in 1873 by treaty * that the Nakib should cede 
one-half of Mokalla, of Bandar Burum, and of the district of Al-Harshiyyat 
in return for a payment of 2\ lakhs of dollars, from which, however, the 
debt due to the Kayti Chief was to be deducted In prosecution of this feud> 
the Kayti, with the aid of their relatives at Hyderabad, purchased a vessel 
and despatched her to Aden ; s'he was detained there under the provisions of 
the 'Foreign 'Enlistment Act of 1870, and not released until the Kayti 
Chief had bound himself under a heavy penalty to send her at once to 
Bombay without touching at, or undertaking any qperations against, any of 
the ,f>orts of "Hadthramaut. This Chief further attempted to establish a 
^blockade of Mokalla and 'boarded native craft suspected of being Abound for 
that fpoft For the .plunder of three such vessels he -was compelled to pay 
an indemnity trf sRs, <fi,*42, and warned of ^the consequences of such 
interference with commerce in the future. 

On the occasion of the Delhi Dari>ar Jield -on >tfae ist January 1877, 
personal salutes -of <i 2 guns were -granted -to Omar bin Saleh -bin Muham- 
mad, Nakib of Mokalla, and Awadth'bin Omar Alkayati, Jamadar of Shehr. 
The British Government steadily avoided interference or arbitration in 
the disputes between these two Chiefs, and took no -action regarding them 
beyond asking "for assurances from the ministers of the Hyderabad State 
that persons in the service of the^Nizam, who might~be convicted of taking 
part in the quarrel by supplying money and munitions of war to their re- 
latives on either side, and so prolonging the strife, would be dismissed. 
But -at^ength in 1876, there^being no prospect of 'the cessation of hostilities 

SeeAppendixHo.lV. 
VOL, XIH F % 



Aden Shehr and Mokalla* Part 



without some authoritative interference, the Political Resident at Aden, 
acting under the authority of Government, visited the two Chiefs,^ and 
through his mediation a truce for two years was concluded, on the expiry of 
which period a further extension of one year was arranged. No permanent 
settlement was however effected, and eventually hostilities were resumed in 
1880 and resulted in the capture of Durum by the Chief of Shehr. Being 
driven to extremities the Nakib of Mokalla signed the agreements drawn up 
by the Political Resident, and Burum was in consequence evacuated by the 
Jamadar ot Shehr. 

No sooner was the Nakib thus relieved from immediate pressure than 
he repudiated the terms of the settlement. The Government of India 
thereupon directed that the Jamadar should be replaced in possession of 
Burum, which was surrendered by the Nakib without further bloodshed. 
Finally, in November 1881, the latter gave himself up to the Commander of 
H. M. S. Dragon and was conveyed with his dependants to Aden, while the 
Jamadar of Shehr was put in possession of Mokalla and its dependencies. 
From Aden the *#-Nakib went to Zanzibar with' a number of Shaikhs and 
followers, and in 1888 he accepted the maintenance provided for him. 

In 1873 an Engagement (No. LXXV) was concluded with the Chief of 
Shehr, by which he bound himself, his heirs and successors, to prohibit the 
import or export of slaves to or from Shehr and its dependencies. 

In 1882 an Engagement (No. LXXVI) was concluded with the 
Jam&dar of Shehr and Mokalla by which he became a British stipendiary, an 
allowance of 360 dollars a year being assigned to him, his heir* and 
successors. At the same time the Jamadar paid over (article 2) a sum of 
100,000 dollars to the Resident at Aden for the maintenance of the <?#-Nakib 
of Mokalla. 

On the ist May 1888 a Protectorate Treaty (No. LXXVII) was 
concluded with the Jamadar Abdulla bin Omar, and his brother Awadth 
bin Om^r, and was ratified on the 26th February 1890. 

Jamadar Abdulla bin Omar died on the 25th November 1888, and 
Government sanctioned the continuance of the salute and stipend to his 
brpther Awadth bin Omar (Sultan Nawaz Jang). The Chief receives a 
personal salute of 12 guns, and a permanent salute of 9 guns, which was 
sanctioned in 1902. 

In 1896 a quarrel took place between Jamadar Awadth bin Omar and 
his nephews, Husain and Munassar, over their right of succession and the 
division of their property. In September 1901. the Resident tried to bring 
about a settlement, but failed. A further conference at Aden in February 



Part II Aden-Skehr and Mokalla t and Sanaa. 69 

1902 was no more successful. Jamadar Awadth bin Omar went to India to 
lay his petition before the Viceroy, while his nephews returned to Shehr after 
signing a pledge not to interfere with the administration of their country. 
The agreement was broken, and in June the Resident, accompanied by 
Jamadar Awadth bin Omar, went to Shehr with an armed force. Husain sub- 
mitted and was brought to Aden, Munassar following him shortly afterwards. 

The settlement of the dispute between the Sultan and his nephews was 
then submitted to the arbitration of the Mansab. The latter in his decision 
awarded a large sum of money to Husain and Munassar and their families. 
They, however, refused to accept the award and in July 1904 left for India* 

In 1902 the Government of India ordered the discontinuance of the title 
of Jamadar as the distinguishing appellation of the Chiefship, the use of 
which had already been discarded by the Aden Residency in view of the 
Chief's dislike to it, and directed the adoption of the term " Sultan." 

Sultan Awadth bin Omar attended the Darbar held at Delhi on the 
1st January 1903. 

At the end of 1904 the Sultan purchased a share in the port of Balahaf 
from the Wahidi Sultan Saleh bin Abdulla, but Government refused to 
sanction the agreement. 

In 1906 the Sultan's nephew Munassar writing to report the death of 
his brother Husain, endeavoured, but without success, to re-open the question 
of his differences with the Sultan. 

The Sultan's tribesmen, including Bedouins, number about 60,000, and 
his gross annual revenue is estimated at Rs. 2,23,000. 



Sanaa. 

About the beginning of the seventeenth century, the English obtained 
a firman from the Governor of Mokha for the establishment of a factory and 
permission to trade on payment of a duty on goods, not exceeding 3 per 
cent. This deed was confirmed by the Turkish Pasha of Yemen. About 
the same time the Dutch established a factory at Mokha, which was then the 
great dep&t for the trade of southern Arabia, and a century later a factory 
was also opened by the French. After the expulsion of the Turks in 1630 
the whole of Yemen came under the government of the Imams of Sanaa ; 
but at the time of Carsten Niebuhr's visit to Sanaa in 1763, the native Arab 
tribes of the provinces of Aden, Abu Arish, Taizz and others, had thrown 



Aden- $/*. Part II 



off allegiance to the Imams. In 1799, when the British Government took 
measures to oppose the expected invasion of India by the French, and to 
revise the lost trade of the Red Sea, Dr. Pringle was deputed to Sanaa with 
presents from the Governor-General, and obtained from the Imam, Ali 
Mansur. orders to the Governors of Mokha, Hodaida, and Lohaiyya to give 
every facility to trade. Two years afterwards an effort was made by Sir 
Home Popham, who had been constituted Ambassador to the States of 
Arabia, to negotiate a commercial treaty with Sanaa ; but he was treated 
with indignity by the Governor of Mokha, and the terms of tt*e proposed 
treaty were rejected by the Imam, 

At the beginning of the nineteenth century, Imam Ali Mansur suffered 
severely at the hands of the Wahabis, who overran and wrested from him 
some of the best districts of his dominions. In 1816, however, Muhammad 
Ali Pasha, having destroyed the Wahabi power, restored these districts to 
Ahmad, the son and successor of Ittiam Ali Mansur, in consideration of an 
annual tribute of 100,000 dollars. Ahmed was succeeded in 1817 by his 
son, Abdulla, who was unable to retain the provinces which had been 
restored to his father. 

In i8r 7) in consequence of 3 dispute in which an Arab had been 
temporarily detained at the factory at Mokha, the British Residency was 
attacked and plundered, and a British officer w$s dragged before the 
Governor, by whom he was subjected to every insult. After some delay a 
British squadron was sent to demand satisfaction for this outrage. On the 
26th December 1820 the fort of Mokha was taken, and shortly afterwards a 
public apology was made for the indignity offered to the British Government 
and a Treaty (No. LXXV1II) was signed by the Imam of Sanaa and his 
Council, in 1821, defining the rights to be enjoyed by British subjects, and 
reducing the export duty on trade to 2\ per cent. This treaty was framed 
in a slovenly and discreditable way, and it was afterwards discovered that 
serious discrepancies existed between the English version and the Arabic 
counterpart. The Imam refused to accept any modification. To preserve 
friendly relations, the British Government yielded every point, except one 
in the tfth article. The clause in the English version of that article, which 
stipulated "that the servants of the factory should be amenable only to the 
jurisdiction of the Resident, was altogether omitted in the Arabic. The 
Imam was informed that all other points were conceded, but that, if he 
attempted to seize or punish any person, of whatever nation, in the exclusive 
employment of the Resident, the Resident would withdraw, and such 
further measures would be adopted as might seem to the British Govern- 
ment to be expedient. 



Part H Aden-5-awaa, 



In 1840 a Commercial Treaty (No. LXXIX) was concluded with 
Sharif Hgsai> bin All of Mokha by Captain Moresby, similar to that 
concluded in, the same year with the Chief of Zaila (See Somatiland and 
Sho iqfrtl. Shorty afterwards the British flag was cut down, and the 
duties levied from, British subjects were raised to 9 per cent. As Mokha 
had, by this time fallen under the government of the Sublime Porte, it was 
doubtful whether Sharif Husain had any right to conclude a treaty as a 
principal The British Government also objected to certain exclusive 
clauses in tbp treaty which were directed against the trade of other 
European nations. The dispute was amicably adjusted through Her 
Majesty's Ambassador at Constantinople, but the treaty was never ratified. 

For many years the country of Sanaa was in a state of absolute anarchy. 
In 1832 Mokha and all the sea r coast fell under the suzerainty of the Turks. 
It was afterwards recovered for a time, but again finally lost in 1848. Ali 
Man,sur, who succeeded his father as Imam of Sanaa in 1834, was deposed 
three years after. He again succeeded to power in 1844, on the death 
of his uncle, only to be once more deposed in 1845 by Muhammad Yahya, a 
distant relative of the family. Muhammad Yahya, in 1849, swore allegiance 
to the Porte, and agreed to hold Sanaa as a vassal of the Sultan, paying to 
him kalf the revenues and receiving a Turkish garrison in his capital. This 
SO incensed the inhabitants that they rose against the Turks, massacred 
them, and reinstated Ali Mansur, who ordered Muhammad Yahya to be 
put to death. Within a few months Imam Ali Mansur fell into the hands 
of Ghalib, the son of Muhammad Yahya, who contented himself with 
confiscating hjs property. The people of Sanaa, however, refused to 
Acknowledge the authority of Ghalib, and elected a governor, Shaikh Ahmad 
Ali Khemiah, from among their own body. Ghalib led a profligate life in 
an obscure village a few miles from Sanaa till 1858, when he was recalled 
and reinstated in the government with the title of Al Hadi, but with merely 
nominal power. During the internal revolutions in Sanaa and the desultory 
warfare with the Turks, the Imams repeatedly endeavoured to enlist the aid 
and advice of the British Government in their cause, A rigid abstinence 
however, was maintained from all interference in their affairs. 

In 1856, nevertheless, when the $eni Asir tribe marched against 
Hodaid^ with a strong force, $ey weye Deterred from, attacking it by the 
presence of two British ships whicfe ha4 i>ee$ sent there for the purpose of 
protecting British subjects, and their property. Moreover, cholera broke out 
in the camp of the besiegers and they retired in haste. 

In 1867 the Bern Asir tribe again rebelled against the Turks and re- 
occupied the provinces from which they had been expelled. Tfre 



ya Aden Sanaa, and Sokotra and Kishn. Part II 

bances were temporarily put down by Egyptian troops, but were renewed 
in November 1870. The Porte then preferred to deal with the revolt 
without the aid of the Khedive, and a force of 15,000 troops was despatched 
to Yemen by the Sultan. Before the arrival of this force in February 18721 
the Al Asir had attacked Hodaida, but were repulsed by the Turkish 
garrison. The Turkish expeditionary force proceeded on arrival against 
Sanaa, which was captured in April 1872, since when Yemen has been ad- 
ministered by a Turkish Governor-General, whose head-quarters are at Sanaa. 
Hasan Edib Pasha was appointed to be Governor-General in June 1891- 
A rebellion which took place in the course of the year was put down by the 
Ottoman troops, 

18 .Sokotra and Kishn. 

The island of Sokotra lies about 150 miles off Cape Guardafui on the 
African coast and 500 miles from Aden. The sovereignty of the island in- 
vested in the Ahl Afrir family of the Mahri tribe of Arabs, who inhabit 
Kishn on the mainland. 

The connection of the British Government with Sokotra commenced in 
1834, when Captain Ross, of the Indian Navy, was sent on a mission to 
Sokotra, and concluded an Agreement (No. LXXX) with Sultan Ahmad bin 
Sultan of Fartash and his cousin. Sultan bin Amr of Kishn, by which they 
consented to the landing and storage of coal on the island by the British 
Government. 

In 1833 negotiations were undertaken through Commander Haines 
with the Chief, Amr bin Saad Tawari, for the purchase of the island, and 
in anticipation of their success a detachment of European and Native troops 
was sent to take possession. The Chief, however, displayed an invincible 
reluctance to sell the island, or even to cede a portion of it as a coaling 
depflt, and the troops were withdrawn. 

In 1838 the Chief proposed to farm the island to the British Govern- 
ment, but the capture of Aden, while the proposal was under discussion, 
rendered it unnecessary to secure Sokotra as a coaling station. 

Sultan Amr bin Saad Tawari died about 1845, and was succeeded in 
the Sultanate of Sokotra and Kishn fay his nephew, Tawari bin A15, who in 
turn was succeeded by his grandson, Ahmad bin Saad. The latter was 
succeeded by his nephew, Abdulla bin Saad, who was followed by his cousin, 
Abdulla bin Salim. On the death of the latter he was succeeded by his son, 
Ali, the present Chief, who is childless, having had three sons who have 
predeceased him. 



Part II Aden Sokotra and Kishn. 73 

In January 1876, an Agreement (No. LXXXI) was concluded with the 
Sultan of Sokotra and Kishn, by which, in consideration of a payment of 
3,000 dollars and an annual subsidy of 360 dollars, he bound himself, his 
heirs and successors, never to cede, sell or mortgage, or otherwise give for 
occupation, save to the British Government, the island of Sokotra or any of 
its dependencies, the neighbouring islands. 

On the occasion of the Delhi Darbar of the ist January 1877 a 
personal salute of 9 guns was granted to Sultan Ali bin Abdulla. 

In 1886 he accepted (No. LXXXI I) a British Protectorate, and bound 
himself to abstain from all dealings with foreign powers without the previous 
sanction of the British Government. At the same time he undertook to 
give immediate notice to the Resident at Aden or other British officer of any 
attempt by any other power to interfere with Sokotra and its dependencies. 

In 1888 a similar Protectorate Treaty (No. LXXXIII) was concluded 
with Sultan Ali bin Abdulla, as head of the Mahri tribe, and an annual 
stipend of 120 dollars was granted to him. 

In 1898 some of the cargo of the P. and O. S.S. Aden wrecked off 
Sokotra was plundered, and the Sultan had to be reminded of his obligations 
under the agreement of 1876. 

The area of the island of Sokotra is about 1,000 square miles; its 
population, mostly Bedouin, about 5,000 souls. The gross annual revenue is 
estimated at Rs.i,ooo. 

The Sultan of Sokotra and Kishn receives a salute of 9 guns, which 
was made permanent in 1902. 



Part II Aden Tkt Abdali~Wo. XV. 75 

No. XV. 

His EXCELLENCY the MOST NOBLE the MARQUIS 
WELLESLEY, KNIGHT of the MOST ILLUSTRIOUS ORDER 
of ST. PATRICK, one of His MAJESTY'S MOST HONOUR- 
ABLE PRIVY COUNCILLORS over all the BRITISH POS- 
SESSIONS in the EAST INDIES, being desirous of entering 
into a TREATY of AMITY and COMMERCE with SULTAN 
AHMED BIN ABDOOL KUREEM, SULTAN of ADEN and its 
DEPENDENCIES, has named, oa his part, SIR HOME 
POPHAM, KNIGHT of the MOST SOVEREIGN ORDER of 
ST. JOHN of JERUSALEM, and AMBASSADOR to the 
STATES of ARABIA; and the said SULTAN has named 
AHMED BASAIB, PRINCE of ADEN, who having both met, 
and being satisfied with each other*s powers, have agreed 
to the following Articles for the mutual benefit of their respec- 
tive nations, but subject to the final ratification of His 
EXCELLENCY the MOST NOBLE the GOVERNOR GENERAL 

of INDIA, 1802. 

ARTICLE i. 

That there shall be a commercial union between the Honourable the 
East India Company, or such British subjects as may he authorized by the 
Governor General of India, and the subjects of Sultan Abtned Abdool 

Kureem. 

ARTICLE 2. 

The Sultan agrees to consider the ports of Aden as open for the 
reception of all goods brought on British ships, which goods or merchandize 
are to pay a duty of two per cent, and no more, for the space of ten years 
on the invoice or manifest of the goods, and no other charges whatever are 
to be exacted for anchorage, weighing or custom-house fees, fay the Sultan 
or any of his Officers. 

ARTICLE 3. 

After the aforesaid term of ten years is expired, then the duties are to 
be raised to three per cent, and never to be made higher by the Sultan, 
his heirs and successors, on pain of forfeting the friendship and commercial 
intercourse of the British nation. The Sultan also binds himself not to 
make any other charges whatever on anchorage, weighing, or custom-house 
fees trader tfee penalty before mentioned. 



76 Aden-rA* AUali No. XV, Part II 



ARTICLE 4. 

The same duties of two per cent, for the first ten years and three per 
cent, for ever after, are also to be paid on all goods exported from Aden, 
which are the produce of the Sultan's territories, or the country surround- 
ing them ; and no other charges or demands whatever are to be made on 
those goods by the Sultan or any of his Officers. 

ARTICLE 5. 

If, however, any goods are purchased by the Honourable the Company, 
or any British subjects in the town or the port of Aden, the produce of 
Africa, Abyssinia or any other country, not in the possession of the Sultan, 
then no duty is to be paid, as it is to be considered that such goods have 
paid a duty on their first being landed, and consequently the Sultan agrees 
that they shall not pay duty a second time, 

ARTICLE 6. 

The British subjects who use the ports of Aden shall have the privilege 
of transacting their own business, and not be obliged to commit it to the 
arrangement of any other person, nor forced to use any broker or interpreter 
whatever, unless they shall please to do so ; and then such broker or inter- 
preter to be a person of their own choice, and not subject to any control on 
the part of the Sultan. 

ARTICLE 7. 

It shall be lawful and free for the subjects of the British nation to make 
over their property to whomsoever they please, without any control, either 
in health or in sickness ; and if any person, being a British subject, should 
die suddenly and without a will, then the whole of his property, after 
paying his just debts to the subjects of the Sultan, is to be vested in trust 
in the hands of the British Resident to be transmitted by him to the 
Supreme Government, or any other Presidency, for the benefit of his family 
and his lawful heirs. 

ARTICLE 8. 

That no dispute may hereafter arise about the person claiming the 
protection of the British flag, whether European or Native, a register shall 
be kept of all the British subjects residing at Aden, where evey person 
having a certificate from either of the Presidencies in India shall, by that 
certificate, be registered in the office of the Cadi and the British Resident 
and if he fails to register himself, he shall not be entitled to the benefits 
contained in the seventh Article. 

ARTICLE 9. 

The benefit resulting from the seventh Article is to be considered as 
extending to any travelling merchants, or supercargoes, being subjects of 



Part II Aden The AbdalittQ. XV, 77 



the British Government, and the crews of all the ships navigating under the 
British flag, upon a certificate being produced from the Commander of such 
ships to which they belonged at the time of making a will, or dying without 
one* 

ARTICLE 10, 

The Sultan binds himself, his heirs and successors, to give every 
assistance in his power to recover the debts due from any of his subjects 
to the British subjects ; and that after three months from the time that 
any British subject shall send his demand to the Cadi for his assistance 
and prove a just debt, that then, if it is not paid, the Cadi shall have the 
power to order the property of the debtor to be seized and sold for the benefit 
of the creditor, but if the person owing the debt to the British subject has 
no property, then the Cadi shall confine him in gaol till some arrangement 
is made which is satisfactory to the British Government. 

ARTICLE n. 

If any disputes arise between registered British subjects, they are to be 
referred to the British Resident, who is to give his award according to the 
best of his judgment, founded on the laws of his own country. This award 
to be final in any case not exceeding two thousand dollars ; but above that 
sum it is to be subject to an appeal in the different Presidencies of India. 
If, however, either party refuses to comply with this award, then the Sultan 
is to give power to the Cadi to imprison the party, according to the request 
of the Resident. This Article is introduced for the purpose of establishing 
the most perfect regularity and harmony between the registered subjects of 
the British nation and those of the Sultan. 

ARTICLE 12. 

All disputes between the subjects of the Sultan and those of the British 
nation are to be settled by the established laws of the country. 

ARTICLE 13. 

The Sultan agrees, for the consideration of dollars, to give over a 

piece of ground on the west side of the town of yards by yards, 

for the use and purpose of the British nation, on which the Company may 
erect any house or building, and completely wall it in if it shall be judged 
necessary to do so ; and the Sultan agrees to prevent any building whatever 
from being made within twenty yards in front of the said Company's wall or 
fifteen yards on either side. 

ARTICLE 14. 

The British nation not to be subject to any indignities, and to have 
free permission to enter the town by any gate or direction, and ride or use, 
without the least molestation whatever, either horse, mule, ass or any other 
beast which they may think proper. 



ARTICLE 



.. * 

from "his own country. 

ARTICLE *6, 

The Sultan to give over a piece of ground as a public burying-place 
for all tie British Subjects who may die in the territories of the Sultan, and 
no charge to be made for the interment of any person except such as shall 
be agreed on for those who assist in the funeral. 

ARTICLE 17. 

Any otter Articles wHch may be proposed by either of the parties ajnd 
mutually agreed on may be hereafter Entered in this Treaty, and the 
Ambassador on the part of the British Government is ready to convey any 
further proposition from the Sultan to the Governor General, or enter into 
a contract for the purchase of any quantity of coffee, or the delivery of any 
British goods, on the prices wliicfa may be mutually agreed on. 

The above-written seventeen Articles of Treaty having been read and 
mutually considered by the Plenipotentiaries OB both sides and the Sultan, 
the Sultan has put his hand and seal to a true copy in Arabic, and tJhe 
British Ambassador has set his hand and seal to this English copy, on board 
of His Majesty's Ship the Ranney ia Aden Roads, this 6th day of 
September 1802. 

(Sd.) H0M&P0PHAM. 



'No. XVI. 

TREAT v of FRIENDSHIP between the ABDALEES and ENGLISH 
signed % SkJ'LTAN MUHSM'S accredited AGEOTandSON- 
IN-L AW 1*839. 

Bismillah Ir-Rehman Ir-Rehim Be Minnet Allah ! 

From this ^day and the future, Syud Matomed Houssam bin Wais bin 
Hamed Sufferain gives this promise to Commander Haines, gentleman, on 
his own head in the presence of God, that there shall be friendship and 
peace, and everything good between the English and Abdalees. I promise 



Part (I Aden Tfa AUdli NaXVt 79 



no wrong or insult shall be done, but it shall be peace and the British 
Government agree to the same. Sultan Muhsin and all interior Sultans 
agree t6 'this, aftd I am responsible ; all those even on the roads lo the 
interior shall be kept from molesting any one by me, as they were when 
Sultan Muhsin possessed Aden. This is agreed upon between me and 
Confmander Haines oti the .part of Government, and I promise to So even 
more than I have hitherto done, please God. I require respect from 
Commander Haines in return, and more flian before if possible. 

-(Sd.) SYUD MAHOMED HQUSSAIN &IN WAIS. 



} ft <HASSAN XHATEEB. 
1839. J S. >B. 'H&INBS. 



The %nd febrwtry 1839, 

TREATY between -SULTAN MUHSIN and his CittLimEN and the 
ENGLISH "through his accredited AGENT 1839. 

This Treaty is formed between Syud Mahomed Houssain and 'Hassan 
Khateeb on account of the Sultan of Lahej^nd Commander ^Haines, r the 
Agent to the Government. 

O n { t he 'Word and ipr^mise* of > Sultan Muhsin, 'I iprotttige ^fbat no mstflt 
or molestation shall 'take .place on ihe road, J br <befcween 'the 32ngiyh -and my 
people, and that all shall be peace 'and quietness , and I agrete*that between 
my people and your people there shall be no difference or oppression, and 
that 'the "English "agrtee- that "all -shall be peace, and hat all merchants shall 
be free totra'de" without oppression. 

The witnesses to this are 

RASHED ABDOOLLAH. 



MAHOMED HOUSSAIN. 
SHAH^MINNATBB. 

HADJEE7AFFE1R. 

(Sd.) SVDb ^MAH'OMfiD HOUSSAIN BIN WAIS. 
HASSAN BIN ABDOOLLAH KHATEEB. 

S. B. HAINES. 
4th February 183$. 

"Approved by the Bombay Government on 2$rd February 1839. 



80 Aden The AbdaliNo. XVII. Part II 

No. XVII. 

TRANSLATION of a BOND entered into by SULTAN MUHSIN 
FADHL and his sons SULTAN AHMED BIN MUHSIN FADHL, 
ALI, ABDOOLLAH, and FADHL, with COMMANDER HAINES, 
the POLITICAL AGENT at ADEN 1839. 

Sultan Muhsin Fadhl and his sons named above agree, with a view 
to the tranquillity of their territory, the protection of the poor and weak, 
the security of their tribe and the safety of the roads, that the Sultan shall 
be answerable for any outrages committed by his people on the roads, and 
that they shall not offer any opposition to the British Government ; that 
the interests of both shall be indentical, The claim for the stipends due 
to Fadhlee, Yaffaee, Howshabee, and Ameer tribes shall be upon the 
British Government; Sultan Muhsin and his children, in perpetuity, and 
from generation to generation, shall receive from the British Government 
a stipend of 6,500 dollars annually, to begin from the month of Zilkaud 
Hegira 1254 (Jaauary-February 1839). The land from Khor Maksarto 
Lahej, as far as it is known to belong to the Abdalee tribe, is under the 
authority of the Sultan. In case of any attacks upon Lahej or the Abdalee 
tribe, or upon Aden or the British troops, we (the Sultan) and the British 
shall make a common cause. Any of our subjects entering Aden must be 
obedient to the British laws, and any of the British subjects, when in Lahej, 
must submit to our authority. If I (the Sultan) or my children proceed 
to and from Aden, we shall not be liable to any customs. 

Dated Tuesday^ 6th Rubeeoosanee Hegira iz$$*i$th June 183,9. 




Witnesses : 

(Sd.) JAFFER, Vakeel of Commander Haines. 

HASSAN ABDOOLLAH ALI KHATEEB. 

ABDOOL SUTTA BIN ABDOQLLAH RUBEE. 

ALI BA ABDULLAH. 

ALI AHMED. 

Ratified by the Right Honourable the Governor General of 
the 24th of October 1839. 

(Sd.) T. H. MADDOCK, 
Ofg. Secy, to the Govt. of India, 

with the Governor General. 



Part II Adenr/w 4fcfetf-No. XVIII. 81 



No. XVIIL 

This TREATY is made by SULTAN MUHSIN FADHL, his heirs and 
successors, the tribes of the AZEIBEE and SELLAMEE, on 
their visit to ADEN on Saturday, the 27th day of Share! 
Hadjel Haram 1258 1843. 

Being anxious to make peace with the British Government, Captain 
Stafford Bettesworth Haines, in the name of the British Government, has 
given his consent and has made peace with Sultan Muhsin FadhI and his 
adherents, and on this Treaty has Sultan Muhsin FadhI placed his seal, and 
Captain Stafford Bettesworth Haines, on the part of the British Govern- 
ment, has set his seal Inasmuch as peace is good and desirable for both 
parties, the Sultan Mushin FadhI, of Lahej in the name of himself, heirs, 
successors, and the tribes of Sallamee and Azeibee, and captain Stafford 
Bettesworth Haines, on the part of Her Most Gracious Majesty Queen 
Victoria ist, of Great Britain and Ireland, have made this holy agreement 
that between the two governments shall exist a firm and lasting friendship 
that shall never be broken from the beginning unto the end of all things, and 
to this agreement God is witness. 

ARTICLE i. 

In consideration of the respect due to the British Government, 
Sultan Muhsin FadhI agrees to restore the lands and property of all kinds 
belonging to the late Hassan Abdoolah Khateeb, Agent to the British at 
Lahej, after such property shall be proven. But the Sultan Mohsin expects 
in return that certain revenue and territorial books styled Deiras, said to be 
in the possession of the Khateeb family, should be restored to the govern- 
ment of Lahej, and then their persons shall be safe should they wish to go 
inland. 

ARTICLE 2. 

The Sultan will, on the same consideration, and has, in the presence of 
witnesses, settled all claims made by Shumaiel, the Jew, and he will also 
attend to all claims that may be brought against him during his fifteen days' 
residence in Aden. 

ARTICLE 3. 

Such transit duties as shall be hereafter specified shall be exacted by 
the Sultan, who binds himself not to exceed them. The Sultan will also, by 
every means in his power, facilitate the intercourse of merchants, and he 
shall in return be empowered to levy a moderate export duty. 

VOL, XHI G 



82 Aden~r* 4fc*o# No. XVIII. Part II 



ARTICLE 4. 

The Sultan engages to permit British subjects to visit Lahej for com* 
mercial purposes and to protect them, allowing toleration of religion with 
the exception of burning the dead. 

ARTICLE 5. 

Should any British subject become amenable to the law, he is to be 
made over to the authorities at Aden ; and in like manner are the subject of 
the Sultan to be made over to his jurisdiction. 

ARTICLE 6. 

The bridge at Khor Maksar is English property , and as such shall be 
kept in order by them ; but should it be proved that it is destroyed by the 
followers of the Sultan, he shall repair it. 

ARTICLE 7. 

The Sultan binds himself, as far as he can, to keep the roads clear of 
plundering parties and to protect all merchandize passing through his terri- 
tories. 

ARTICLE 8. 

British subject may, with the permission of the Sultan, hold in tenure 
land at Lahej, subject to the laws of the country ; and in like manner may 
the ryots of the Sultan hold property in Aden subject to the British laws. 

ARTICLE 9. 

Such articles as the Sultan may require for his own family shall pass 
Aden free of duty ; and in like manner all presents and all government 
property shall pass the territories of the Sultan free from transit duty. 

ARTICLE 10. 

With regard to the stipend of the Sultan, it entirely rests with Captain 
Haines and the British Government. The Sultan considers the British his 
true friends; and likewise the British look upon the Sultan of Lahej as 
their friend. 

This Treaty is concluded on the nth day of Shahr M&hurrum Al Ear am 
Ashoor in the year of the Hejira 1258 nth February 1843* 



(Sd.) S, B. HAINES, Gaftain, l.tf. t etc,, 

Political Agent, Aden, 




Part I i Aden T/te Ab&aliJSo. XIX, 83 



No. XIX. 

The following further BOND was entered into by the SuLTAN of 
LAHEJ on the 2oth February 1844, previous to the renewal 
by Government of payment of his monthly STIPEND of five 
hundred and forty.one GERMAN CROWNS, which had been 
stopped in consequence of his having BROKEN his former 
ENGAGEMENTS- 

ARTICLE i. 

The Right Honourable the Governor General of India having been 
graciously pleased to grant to me a mothly salary of 541 German crowns, 
so long as I continue to act honestly and amicably towards the British, in 
every respect adhering to the terms of my late Bond, dated i ith February 
1843, especially sworn and delivered to Stafford Bettesworth Haines, Esq", 
Captain in the Indian Navy, and Political Agent at Aden. 

ARTICLE 2. 

I hereby solemnly attest the religious sincerity thereof, and moreover 
declare that in all things relating to the peace, progress, and prosperity of 
Aden, I will use every effort to avert calamity, and lend my utmost aid to 
support the interests of the Birtish flag ; and I will conform iti all intention 
and purpose to the articles specified in my late Bond, dated i ith February 
1843. 

ARTICLE 3. 

I further bind myself, by oath, that should any breach of faith or 
trespass on the aforesaid Bond, either as concerning myself, children, 
Chiefs, or any other person or persons of my tribe, or those in my pay pr 
any individual whomsover in any way or by any means connected with my 
government or under my jurisdiction, or should one or any of the aforesaid 
persons be in any manner convicted of having been privy to or accessory to 
such breach of faith, or trespass on the Treaty, or of committing any act of 
plunder whatever on the roads leading into Aden from the interior, to take 
the whole responsibility on myself and to be answerable to the British; and 
i I or other above mentioned, either openly or by secret machination, 

Srotect any offender, and do not render entire satisfaction to the British, I 
reely and solemnly swear to relinquish all claim to the Salary granted by 
the Right Honourable the Governor-General of India aad declare myself 
perjured before all men. 

ARTICLE 4. 

I further swear that, if I do not strictly abide henceforth by the Bond 
dated nth February 1843 and the above-mentioned conditions, all claim I 

VOL. xni * 



84 Aden-n* AMah No. XX. Part 1 1 



may have on the kindness, friendship and generosity of the British Govern- 
ment is rendered null ; and consequently, for any breach of truth or aggres- 
sion on my part for the future, I render myself open to the severest 
retribution. 

Dated the soth February 1844. 



Seal of the 
Sultan. 



(Sd.) SULTAN MUHSIN FADHL. 

S. B. HAINES, Captain^ I.N., 

and Political Agent at Aden, 



No. XX. 

To secure COMMERCIAL ADVANTAGES with FRIENDLY INTER- 
COURSE, GOOD WILL, and LASTING PEACE to both powers, 
this, TREATY is made, agreed to, sealed and signed by those 
possessing full power and authority, #2>., SULTAN ALI IBN 
MUHSIN FADHL, for himself, his heirs and successors, also 
for the AZEIBEE and SELLAMEE TRIBES, and all other tribes 
and divisions of tribes under his government, authority, or con- 
trol, and STAFFORD BETTESWORTH HAINES, ESQ., CAPTAIN 
in the INDIAN NAVY, and POLITICAL AGENT, ADEN, being 
invested with full power so to do from the RIGHT HONOUR- 
ABLE the GOVERNOR-GENERAL of INDIA, but it must be 
subject to the final ratification of the GOVERNMENT of 
INDIA 1849. 

Inasmuch as peace and commercial intercourse and prosperity Is good 
and desirable among all nations, and particularly advantageous to the powers 
above named, the Sultan Ali Muhsin Fadhl of Lahej, in the name of himself, 
heirs, successors, and all tribes under his government, control, and authority, 
and Captain Stafford Bettesworth Hames, on tne part of the Right Honour- 
able the Governor-General of India, make this agreement, that between fhe 
two governments shall exist a firm and lasting friendship which shall never 



Part II Aden The AbdaltVto. XX. 85 



be broken, and both parties agree to and ratify, under seal and signature, 
the following Articles : 

ARTICLE i. 

In consideration of the respect due to the British Government, Sultan 
Ali Muhsin Fadhl binds himself to secure to the rightful owners all ground, 
household or other property, that may be within the limits of his territory 
belonging to the British subjects of Aden, and that their persons or agents 
shall be safe and respected should they proceed inland to look after and 
collect the rents of such property, or for any other correct purpose. 

ARTICLE 2, 

Sultan Ali Muhsin Fadhl engages to permit British subjects and all 
inhabitants of Aden to visit Lahej, or any part of his territory, for either 
commercial purposes or pleasure excursions ; he will ensure them protection 
and full toleration of religion, with the exception of burning the dead. 

ARTICLE 3. 

Should any British subject become amenable to the law, he is to be 
made over for trial and punishment to the authorities at Aden, 

ARTICLE 4, 

British subjects may, with the permission of the Sultan of Lahej, hold 
in tenure land at Lahej , or other towns or villages in his territory, subjec t 
to his law ; and in like manner may the ryots of the Sultan of Lahej hold 
property in Aden, subject to British law and jurisdiction. 

ARTICLE 5. 

The bridge of Khor Maksar, and the plain between it and the moun- 
tains of Aden forming the isthmus, is British property, and no further north. 

ARTICLE 6. 

Sultan Ali Muhsin Fadhl binds himself to keep the roads leading to 
Aden clear of plundering parties, and to protect all merchandize passing 
through his territory, punishing, if in his power, all who plunder, molest or 
injure others. 

ARTICLE 7. 

Such articles as the Sultan of Lahej may personally require for his own 
household shall pass Aden free of all custom duty; and in like manner all 
government property shall pass the territories of the Sultan free from 
transit duty. 



g<$ Adea-JVi* Attain No. XX. Part II 

The Sultan of Lahej binds himself to levy only the following transit 
duties within his territory upon all goods passing into Aden from the hills, 
<>., belonging to British subjects : c 

Wheat 2 per cent, upon inland value. 

Jowan . 2 jj >j 9) 

Flour ... 2 3, 5 , 

Ghee <* 2 , } ? 

Grass and fruits of kinds . 2 M 

Honey ....... 2 a , 

Fooah 2 

Dholl 2 

Senna 2 

Gums, frankincense, etc. . . 2 

Worruss ..... 2 

Coffee 2 

Khaut 2 

Vegetables , ,^ 

Wood . . > Free of duty> being the growth of the Abdalee territory. 

Grass and kirby . J 
and 2 per cent* upon all articles not enumerated. 

Articles passing out from Aden into his territory 

Outub cotton ,.....,. 2 percent* 

Snuff ......... 2 

Pepper 2 

White and cotton cloths 3 w 

Iron lead *..... 2 

Hookahs ,..,. 2 

Dates . . . . . . . , 2 

and 2 per cent, on all articles not enumerated above. 

ARTICLE 8. 

Sultan Ali Muhsin Fadhl binds himself to encourage the growth of all 
kinds of European and Native vegitables for the Aden market. 

ARTICLE 9. 

Sultan Ali Muhsin Padhl most solemnly attests the religious sincerity of 
this agreement, and moreover declares that in all things relating to the 
peace, progress, and prosperity of Aden, he will lend his utmost aid to 
support the interest of the British, and will listen to and, if possible, attend 
to the advice of, the British Government representati\e in Aden in all 
matters. 



Part II Aden The AbdahW*. XX. 87 



ARTICLE 10. 

Sultan Ali Muhsin Fadhl further binds himself, by oath, that should 
any breach of faith or trespass on the aforesaid Bond, either as concerning 
'himself, children, relatives, Chiefs or any other person or persons of his 
tribe, or those in authority under him or in his pay, or by any means 
connected with this Government or under his jurisdiction, or should one or 
any one of the aforesaid persons be in any manner convicted of having 
been privy to, or accessory to, such breach -of faith, or trespass on the 
treaty, or of committing any act of plunder on the roads leading to Aden 
through his territory, to take the whole responsibility on himself and to 
be answerable to the British Government. Further, if he, or any other 
above mentioned, either openly or by secret machination, protect any 
offender, and do not render entire satisfaction to the British, and for any 
breach of the above articles, he freely and solemnly swears to relinquish all 
claims to the salary (hereafter mentioned) granted by the Right Honourable 
the Governor-General of India and declares himself a perjured man. 

ARTICLE n. 

Stafford Bettesworth Haines, Captain in the Indian Navy, and Political 
Agent at Aden, being duly authorised, does hereby solemnly promise, in 
the name of the Right Honourable the Governor-General of India, to pay 
to Sultan Ali Muhsin Fadhl, hrs heirs and successors, the sum of five 
hundred and forty-one German crowns per month, so long as he or they 
continue to act with sincerity, truth and friendship towards the British, and 
in every respect strictly adhering to the terms of this treaty. 

This treaty i$ concluded and agreed to this seventh day of March> 
in the year of Our Lord one thousand eight hundred and jortyntne. 

In witness whereof we have set our seal ana signature, 



Seal. 



(Sd.) S. B. HAINES, Captain, L 

Political Agent. 



Ratified by the most Noble the Goveftor General of India on the 
October 1849. 

(Sd.) H. M. ELLIOT, 

Secretary to the Gout, of India 9 
with the Govr*~(xenl. 



Adeo-2Vie dMstf-No. XXX. Part 1 1 



No. XXL 

TERMS of CONVENTION entered into between SULTAN FADHL 
BIN MUHSIN ABDOOLLAH, on the one hand, and LIEUTE- 
NANT COLONEL W. L. MEREWETHER, on the part of HER 
MAJESTY'S INDIAN GOVERNMENT, on the other, this yth 
day of March 1867, in regard to an AQUEDUCT to be made 
between SHEIKH OTHMAN and ADEN, and, if necessary, 
from a more distant point, for the purpose of supplying the 
GARRISON and TOWN of ADEN with a sufficiency of FRESH 

VVATEK 1867. 

ARTICLE i. 

The work of the aqueduct to be entirely carried out by the British 
Government; and in the first instance everything to make the scheme 
complete, including camels for the Persian wheels, to be given by the 
British Government. 

ARTICLE 2. 

When the aqueduct has been finished and it has been put into com- 
plete viorking order, its future maintenance to rest with the Sultan of 
Lahej, cost of repairs and renewal of stock being paid for by him out of 
his share of the profits realised by sale of the water. 

ARTICLE 3, 

The works at Sheikh Othman or at Dhurub, if the aqueduct is extend- 
ed to the latter place, as well as the \i hole line of aqueduct from those 
places to Aden, to be watched and protected by the Sultan of Lahej. 

ARTICLE 4. 

The remains of the old aqueduct to be given free for use in the 
construction of the new work. In return for 

Kallons C6 ' X fUPCe ^ I0 the use of the water and what he . b inds him " 
* ' self to perform, the Sultan of Lahej to receive 

half of the amount * realised by the sale of the water in Aden ; account to 
be rendered and amount to be paid over monthly. 

ARTICLE 5, 

^ Repairs, when necessary, to be executed through the Resident, who 
will then, before payment of monthly profits to the Sultan of Lahej, deduct 
the whole or a portion of the cost thereof, as he deems right. 

ARTICLE 6, 

A good road, 45 feet broad, clear and level, to be made by the'Sultan 
of Lahej out of the profits from the Khor Maksar to Sheikh Othman and 



Part II Aden r&? AbdahNo. XXII. 89 



on to Dhurub if the aqueduct be extended there. The road may be made 
under the direction of the Resident, who will recover the cost in the same 
manner as for repairs. 

ARTICLE 7. 

The British Government to make a similar road from the Khor Maksar 
into Aden. 

ARTICLE 8. 

The above to be binding on Sultan Fadhl bin Muhsin bin Abdoollah, 
Sultan of Lahej, and his successors. 

(Sd.) FADHL BIN MUHSIN, 

Sultan of Lakej. 

W. L. MERBWETHER, Lieut. -Col, 

Resident^ Aden. 



NO. XXII. 

AGREEMENT concluded between the ABDALI and the HAUSH- 
ABI regarding the ZAIDA lands 1 88 1. 

In the name of the Most Merciful God ! 

Considering it necessary to put a stop to the long existing disagree- 
ment between the Abdali and the Haushabi since the former took Zaida 
from the latter, which has been the frequent cause of correspondence, 
bloodshed, and disputes between the above two tribes and Sultans : and 
whereas these two tribes and their Sultans are the frierids of the British 
Government, which does not desire any quarrel or disagreement between 
its friends : and whereas a settlement of this long-standing dispute will lead 
to permanent peace, and remove for ever the cause of the misunderstand- 
ing and create good-feeling between both tribes, therefore Brigadier- 
General Francis Loch, C.B., Political Resident at Aden, being duly 
authorised on behalf ot the British Government, doth hereby covenant with 
the aforesaid Fadthl bin Ali Mohsin Fad thl-al- Abdali, Salman of Lahej, 
and Ali bin Mani, Sultan of the Haushabi, that these two Sultans on behalf 
of themselves, their heirs and successors, shall agree to the terms and 
conditions herein set forth. 

ARTICLE i. 

Sultan Fadthl bin Ali Mohsin Fadthl will give Sultan Ali bin Mani, the 
Haushabi, his heirs and successors, 300 'dimds 3 (acres) of land at Zaida in 
the river Khilaf for cultivation, and will allow the said Sultan Ali bin Mani 
to build a house at Al-Anad, and will give him 500 for the expenditure of 
the said building, 



$0 AdenThe AbdaltNo. XXII. Part II 

ARTICLE 2. 

Sultan Ali bin Mani, the Haushabi, his heirs and successors, will not 
be permitted to place under cultivation more than 300 acres of land in the 
vicinity of Zaida. 

ARTICLE 3. 

If the Resident sees that the fields of the Lahej district have suffered on 
account of waste of water caused by Sultan Ali bin Mani, the Haushabi, 
he will adopt proper measures towards it, 

This agreement is concluded and agreed to on Thursday this 5th day 
of May in the year of our Lord 1881, corresponding with the yth day of 
Jomad-al-Akhir, 1298 al-Hijra. 

In witness whereof we have settled our hand and seal. 

(Sd.) MOHAMMED MOHSIN BIN FADTHL, 

for himself and 
SULTAN FADTHL BIN ALI MOHSIN, 

Sultan of Lahej. 
f(Sd.) AHMED ALI MOHSIN. 
Witnesses \ AHMED FADTHL MOHSIN. 

1 SAYYID UMAR HUSAIN AL-WAHSH 

Kadihi oj Lahej. 
(Sd.) FRANCIS LOCH, Brigadier-General, 

Political Resident^ Aden. 
r (Sd.) LANGTON PRBNDERGAST WALSH, 

Acting Second Assistant Political Resident. 
SALEH JAFFER, 

Residency Interpreter, 



Witnesses 



ALI MANI, 



ABDALLA BA ALI SALAM* 
MANI SALAM MANI. 

Signed and sealed on the I4th July 1881 in the presence of 

(Sd.) FRANCIS LOCH, Brigadier-General^ 

Political Resident^ Aden. 

FRED. HUNTER, Major % 

Assistant Resident. 
tl SALEH JAFFER, 

Residency Interpreter. 



Fart II Aten-Tte Abdalt No.XXIIL $t 

No. XXIII. 

THE SOBAIHI AGREEMENT. 

AGREEMENT entered into by the ABDALI, placing the SUBAIHI 
under their control 1 88 i. 

In the name of the Most Merciful God ! 

As a further proof of the friendship existing between the British Gov- 
ernment and the Sultan of Lahej , at present Fadthl bin Ali Mohsin Fadthl 
AKAbdali, assisted by his uncle Mohammed Mohsin and the other descend- 
ants of the late Mohsin Fadthl, and in order that the power, authority, and 
greatness of the Abdali may be increased, therefore Brigadier-General 
Francis Loch, C.B., Political Resident at Aden, being duly authorised on 
behalf of the British Government, doth hereby covenant with the aforesaid 
Fadthl bin Ali Mohsin Fadthl AI- Abdali, Sultan of Lahej, on behalf of 
himself, that the Abdali Sultans and their heirs and successors shall here- 
after be acknowledged as exercising sovereign authority over the territory 
occupied by all the tribes of the Subaihi, and including the Mansuri, 
Makhdumi, Rujai and Dubaini, which three former are at present stipendia- 
ries of the British Government, but excluding such as at present acknow- 
ledge Turkish supremacy. 

As another proof in furtherance of the foregoing object, Sultan Fadthl 
bin Ali Mohsin Fadthl Al- Abdali hereby binds himself, his heirs and succes- 
sors to observe the following conditions : 

ARTICLE i, 

As soon as the said Sultan Fadthl bin Ali Mohsin Fadthl-al- Abdali 
shall sign this agreement, he engages to be responsible for all acts of plunder 
or outrages of any kind whenever committed by the Subaihi, and binds 
himself to make immediate and complete restoration or compensation in 
such cases for all wounds or Joss of lives or property. 



No treaty or agreement of any kind is to be entered into with any other 
State for the sale, mortgage, lease, or hire or gift of any portion of the 
territory now or hereafter subject to the authority of the Sultans of the 
Abdali without the consent of the British Government. 

ARTICLE 3. 

No forts or buildings are to be erected on the sea-coast without the 
permission of the Resident at Aden. Nor are arms, ammunition, slaves, 
merchandise, spirituous liquors or intoxicating drugs to be landed or em- 
barked at any part of the coast without the sanction of the Resident being 
previously obtained* 



92 Aden Th AbdaltHo. JOCll!. Part 



ARTICLE 4. 

No new taxes to be levied by the Abdali on goods passing through the 
Sabafhi territory to Aden, nor are the Subaihi to be allowed to levy any 
ta*es on their own account. 

ARTICLE 5. 

If one or more Subaihis commit outrages on the road, and the Sultan of 
the Abdali fail to exact the booty from them on account of their having taken 
refuge in Turkish territory, the Abdali Sultan will not be responsible for 
such people after doing his utmost in recovering the booty and in arresting 
the plunderers 

So long as the foregoing stipulations are complied with by the Sultans 
of the Abdali, the British Government will make guarantee the following 
arrangements and concessions : 

ARTICLE i. 

The stipend at present paid to the Makhdumi, Mansuri, Rujai and 
Dubaini will be handed over to the Abdali Sultan. 

ARTICLE 2, 

No Subaihi will be received or entertained at Aden as guests of the 
British Government, unless a letter of recommendation be procured from 
the Sultan of Lahej. 

ARTICLE 3. 

The Resident binds himself not to allow Sultan Ali bin Mani, the 
Haushabi, to divert kafillas from their customary road, which leads through 
AI-Hauta or the Abdali territory. 

This agreement is concluded and agreed to on Thursday, the 5th day 
of May, in the year of Our Lord 1881, corresponding with the ?th day of 
Jomad-al-Akhir, 1298 Al-Hijri. 

In witness whereof we have settled our hand and seal, 

Signed by MOHAMMED MOHSIN FADTHL for himself 
and SULTAN FADTHL BIN ALI MOHSIN, 

Sultan of Lahei. 
( (Sd.) AHMED ALI MOHSIN. 
Witnesses. < AHMED FADTHL MOHSIN. 

OMAR HUSAIN AL-WAHSH, 

Kadthi of Lahej. 

(Sd.) FRANCIS LOCH, Brigadier-General, 
Political Resident^ Aden. 







Witnesses. J" (S d O L- P. WALSH, Assistant Resident. 

\ SALEH JAFFER, Residency Interpreter. 

(Sd.) RIPON, 
Viceroy and (jrovernor-General of India. 



Part II Aden- -The Abdah No. XXIV. 



93 



This agreement was ratified by His Excellency the Viceroy and Gov- 
ernor General of India at Calcutta on the twenty-first day of January A,D. 
one thousand eight hundred and eighty-two. 

CHARLES GRANT, 
Secretary to the Government Of India, 
Foreign Department. 

No. XXIV. 

AGREEMENT with the ABDALI SULTAN for the purchase of 
SHAIKH 'OTHMAN, etc. 1882. 

Articles of a treaty existing between Sultan Fadthl bin 'AH Mohsin 
Fadthl-al-'Abdali, Sultan of Lahej and its dependencies, on behalf of 
himself, his uncles and his and their heirs and successors, on the one part 
and Major-General Francis Loch, Commander of the Most Honourable 
Order of the Bath and Political Resident at Aden, on behalf of the 
Government of India, on the other part. 

Whereas by Article V of a treaty concluded on the 7th March 1849 
between Stafford Bettesworth Haines, Captain in the Indian Navy and 
Political Agent at Aden, on behalf of the Government of India, and Sultan 
'Ali Mohsin Fadthl, on behalf of himself, his heirs and successors, it was 
agreed that the bridge of Khor Maksar and the plain between it and the 
mountains of Aden, forming the Isthmus, are British property and no 
further north ; and whereas a sum of dollars (541) five hundred and forty- 
one is uttder the before-mentioned treaty payable monthly to the said 
Sultan 'Ali Mohsin Fadthl, his heirs and successors, so long as he or they 
continue to act with sincerity, truth and friendship, towards the British, 
and adhere strictly to the terms of the aforesaid treaty ; and whereas 
Sultan Fadthl bin 'Ali Mohsin Fadthl for himself, his uncles and his and 
their heirs and successors, has agreed to sell to the British Government 
for a sum of dollars (25,000) twenty-five thousand only and an increase, 
to the present subsidy of dollars (541) five hundred and forty-one, of 
dollars (1,100) one thousand and one hundred per mensem, of which 
(600) six hundred are for the profit of water and (500) five hundred for 
that of salt, making in all dollars (1,641) one thousand six hundred and 
forty-one per mensem, all that (tract of) land lying to the north of the 
peninsula of Aden, and bounded by a line commencing from a point on 
the sea-shore one and five-sixteenths of a mile due east of the north end of 
the Khor Maksar causeway and running north-east by north seven and a 
quarter miles to a point on the coast line. From hence the boundary 
passes from the sea westward three and a quarter miles to a point near 
Inad. From this point the boundary line, after passing through an 
imaginary point one mile north of the Wall of Shaikh 'Othman, extends to a 
mark on the bank of the Wadi Toban situated one mile iialand. From 
this point the boundary runs south-south-west to the 



94 Aden The AbdaliNo. XXIV. Part II 



ARTICLE i. 

This therefore witnesseth that the said Sultan Fadthl bin 'Ali Mohsin 
Fadthl, in pursuance of the conditions of this treaty and in consideration 
of the sum of dollars (25,000) twenty-five thousand already received and 
the monthly increase of the subsidy of dollars (1,100) one thousand one 
hundred agreed to be paid to him by the British Government, doth here- 
by for himself, his uncles and his and their heirs and successors, cede and 
confirm unto the (hands of the) said British Government all that portion 
of territory as herein above described, to be retained by the said British 
Government for ever as a part of its territories; and the said Sultan 
Fadthl bin 'Ali Mohsin Fadthl does further bind himself, his uncles and his 
and their heirs and successors, to make no claim hereafter on the said tracts 
of land or any revenue derived from them. 

ARTICLE 2. 

And the said Major-Genral Francis Loch, C.B., Political Resident of 
Aden, being duly authorized does hereby solemnly promise in the name of 
His Excellency the Governor General in Council to pay to the said Sultan 
Fadthl bin J Ali Mohsin Fadthl, his heirs and successors, the sum of dollars 
(1,641) one thousand six hundred and forty-one made up as aforesaid per 
mensem, 

ARTICLE 3, 

And the said Sultan Fadthl bin *AH Mohsin Fadthl oft the one part and 
the said Major-General Francis Loch, C.B., Political Resident at Aden, 
being duly authorized on the other part, do declare that the convention 
made and signed on the yth day of March 1867 in regard to the aqueduct 
between Shaikh 'Othman and Aden by Sultan Fadthl Mohsin Fadthl on 
the one part and Lieutenant-Colonel W. L. Merewether, Political Resi- 
dent at Aden, on the other part, is* hereby cancelled. 

ARTICLE 4. 

So Jong as the Sultan of Lahej possesses the right to levy the taxes 
on goods entering Aden by land as heretofore, he will ^be permitted to 
collect his dues as at present (he is doing) in British territory at the rates 
mentioned in the treaty of 1849. 

ARTICLE 5. 

If any soldier of the Sultan of Lahej escape to British territory, and 
he is required by the Sultan, the Resident will send him ; and in the same 
manner if any of the Sultan's subjects, after committing an heinous offence 
of the kind for which the British Government is accustomed tinder similar 
circumstances to grant extradition, takes refuge in Shaikh 'Othman, Imad 
or Aden, ^and is required by the Stiltatt, and if there is reasonable ground 
for believing that he has committed the offence, the Resident will also 
send him back j and tbe Sultan agrees on his part to send back British 
soldiers or subjects who escape to Lahej or its territory from Aden or its 
dependencies if their extradition be demanded. 



II Adea~7A(? Abdal* No. XXIV. 95 



ARTICLE 6. 

If the Resident require the services of any 'Abdaii, he will employ 
him through the Sultan, and in case the 'Abdali or 'Ahdalis resign, or are 
dismissed, and if they are replaced by other 'Abdalis, the Resident will 
ask for them through the Sultah. 

ARTICLE 7. 

And the territories of the said Sultan Fadthl bin AH Mohsin Fadthl, his 
heirs and successors, shall remain under British protection as heretofore. 

Done at Shaikh 'Othnian on Monday, the sixth day of February, in 
the year of Our Lord one thousand eight hundred and eighty-two, corres- 
ponding with the i jth day of Rabi-al-Awwal of the year 1299 ^ tnt! 
Hizra. 

s -x (SIGNED IN VERNACULAR.) 

Seal, i Sultan of Lahej and its Dependencies. 



In the presence of 

(Sd.) F. M. HUNTER, Major, 

Assistant Resident^ Aden* 
OMAR HOOSAIN MAHMU&-AL-WAHSB. 

Done at Aden on Tuesday, the seventh day of February, in the year 
of Our Lord one thousand eight hundred and eighty-two, corresponding 
with the eighteenth day of Rabi-al- Awwal of the year 1299 of the Hizra. 

(Sd.) FRANCIS LOCH, Major-General) 
Political Resident^ Aden. 

In the presence of 

(Signed in vernacular.) 




(Sd.) F. M. HUNTER, 

Assistant Resident^ Aden. 

(Sd.) RIPON, 
Viceroy and Governor-General of India. 

This treaty was ratified by His Excellency the Viceroy and Governor 
General of India, at Calcutta, on the jth day of March 1882. 

(Sd.) C. GRANT, 
Secretary to the Government of India t Foreign Department 




9$ Aden The AMahfto. XXV. Part II 

No. XXV. 

PROTECTORATE TREATY HAUSHABL 

The British Government and Mohsin bin 'Ali 'Mani, the Haushabi 
Sultan of Musaimir-bm-'Ubaid, Ar-Raha and the Haushabi country with their 
dependencies, being desirous of maintaining and strengthening the relations 
of peace and friendship existing between them. 

The British Government have named and appointed Brigadier- General 
Charles Alexander Cuningham, Political Resident at Aden, to conclude a 
treaty for this purpose. 

The said Brigadier-General Charles Alexander Cuningham and Sultan 
Mohsin bin 'Ah 'Hani, the Haushabi aforesaid, have agreed upon and 
concluded the following articles : 

ARTICLE I. 

The British Government in compliance with the wish of the under- 
signed Sultan Mohsin bin *Ali 'Mam* the Haushabi, hereby undertakes to 
extend to Musaimir-bin- ; Ubaid, Ar-Raha and the Haushabi country with 
their dependencies, which are under his authority and jurisdiction the 
gracious favour and protection of Her Majesty the Queen-Empress. 

ARTICLE II. 

The said Sultan Mohsin bin *Ali 'Mani, the Haushabi, agrees and 
promises on behalf of himself, his relations, heirs, successors and the whole 
tribe to refrain from entering into any correspondence, agreement, or treaty 
with any foreign nation or power, except with the knowledge and sanc- 
tion of the British Government, and further promises to give immediate 
notice to the Resident at Aden or other British officer of the attempt by 
any other power to interfere with Musaimir-bin-'Ubaid, Ar-Raha and the 
Haushabi country and their dependencies. 



ARTICLE III. 

The said Sultan Mohsin bin 'Ali 'Mani, the Haushabi, hereby binds 
himself, his relations, heirs, successors and the whole tribe for ever, that 
he or they will not cede, sell, mortgage, lease, hire, or give, or otherwise dis- 
pose of the Haushabi territory and its dependencies, or any part of the 
same at any time to any power or person other than the British Govern- 
ment 



Part II Adett-rA* Subaihi No. XXVI. 



97 



ARTICLE IV. 

The above treaty shall have effect from this date. In witness whereof 
the undersigned have affixed their signatures or seals at Aden this sixth 
day of August, one thousand eight hundred and ninety-five, A.D. 

(Sd.) C, A. CUNINGHAM, Brigadier-General 

Political Resident^ Aden, 
Witness 

(Sd,) W. B. FERRIS, Major, 

First Assistant^ Political Resident. 

I, Fadthl bit! 'AH Mohsin FadthI al 'Abdali, Sultan of Lah^j, certify 
that Mohsin bin 'Ali 'Mani, the Haushabi Sultan, enters into this treaty 
under my auspices and signs it with my full knowledge and consent. 

(Sd.) FADTHL BIN ; ALI MOHSIN 

Suit an of Lahef. 

(Sd,) FLGIN, 
Viceroy and Governor-General of India. 

This treaty was ratified by the Viceroy and Governor-General of India 
in Council at Simla on the 20th day of October, A.D., one thousand eight 
hundred and ninety-five. 

(Sd.) W. J. CUNINGHAM, 

Secretary to the Government of India, 

Foreign Department 

No. XXVI. 

ENGAGEMENT entered into on the igth February 1839 by SHEIKH 
MAHOMED SVUD, the MUSAIDEE, and SHEIKH JWAS 
ABDOOLLAH, SHAIKH MAHOMED BIN AHMED, SHEIKH 
KOIEL, of the MUSAIDEE TERRITORY of the SUBAIHEES, 
and CoMMAiNDER HAINES, of the INDIAN NAVY, on behalf 
of the HONOURABLE: EAST INDIA COMPANY. 

Between us there shall be friendship and lasting peace ; our \v ishes 
shall be one of kindness. Aden shall be at peace with us, and the subjects 

VOL, xni * H 



98 Aden The Subaihi-No. XXVI. Part II 

of both countries shall be at peace. No molestation or insult shall be 
offered in their intercourse with each other. 

(Signed by the Chieftains.) 
Dated igtk February 183$. 

Witnesses : 

(Sd.) ABDOOL RA7ZAK 3 Casee of Aden. 
JAFFER BIN MOOLLA ABDOOLLAH. 



ENGAGEMENT of PEACE and FRIENDSHIP entered into on the 
soth February 1839 by SHAIKH MAHOMMED BIN ALI 
BUSALEE, of the SOUTHERN SUB-DIVISION of the 
SUBATHEE, with COMMANDER HAINES, of the INDIAN 
NAVY, on behaU of the HONOURABLE EAST INDIA 
COMPANY. 

Between us there shall be lasting friendship and peace, and we agree 
to it in the presence of God. Our friendship shall be as one. 

There shall be peace with Aden, and the subjects of my tribe and the 
subjects of the British shall have free intercourse, and not be molested or 
insulted in cither's territory. 

Any breach of this treaty or of the roads to the Red Sea being infested 
with robbers, shall be on the head of Shaikh Mahomed bin All, aud he will 
be answerable that no kafilas shall be molested. This Shaikh Mahomed 
bin Ali not , only promises in his own district, but in that of the tribe of 
Artefee, whom he also controls. 

If property, either from Aden or from the Subee territory, wishes to 
pass through the other territory, it shall be respected and protected ; and 
for any infringement Shaikh Mahomed Busalee shall be answerable. 

(Sd ) SHAIKH MAHOMED BIN ALI AL-BUSALEE. 
Dated zoth February 1839* 

Witnesses : 
(SI) SvuoALOwl. 

ALI BIN ABDOOLLAH. 

SHEIKH ARSEL EL-MUSAIDEE. 

(Sd.) S. B. HAINES, 



Part II Aden The SubaikiNo. XXVI. 



99 



TREATY between SYUD MAHOMED JAFFER BIN SYUD AIDROOS, 
CHIEF of WAHAT and all under him, and COMMANDER 
RAINES, AGENT of GOVERNMENT 1839. 

We agree to lasting peace and friendship. 

Aden is open for our free intercourse and friendship, and so is our 
country to each other, and both parties agree there shall be no oppression 
or insult. 

(Sd,} SYUD MAHOMED JAFFER BIN SYUD AIDROOS. 

Dated 2nd February 1839. 



ENGAGEMENT entered into on the i8th February 1839 between 
SHEIKH JWAS BIN SALLAAM AL-ABBADEEand his tribe 
with COMMANDER HAINES, of the INDIAN NAVY, on 
behalf of the HONOURABLE EAST INDIA COMPANY. 

Between our respective territory there shall be peace and friendship, 
and Aden shall be at peace with the Abbadees. 

A free intercourse for barter shall be permitted without insult or oppres- 
sion ; and in proof of the faith of this, Sheikh Jwas bin Sallaam agrees" that 
this people shall not molest or plunder on the roads leading to Aden, and if 
any such misdemeanour occurs, he will be answerabie. ^ 

(Sd,) JWAS BIN SALLAAM AL-ABBADEE. 
Dated 1 3th February 76*39. 



Witness : 
(Sd.) SYUD ALOWI. 



(Sd ) S. B. HAINES. 



ENGAGEMENT of PEACE and FRIENDSHIP entered into on the i8th 
February 1839 by SHAIKH MEHDI BIN ALI ZABAREE 
with COMMANDER HAINES, of the INDIAN NAVY, on 
behalf of the HONOURABLE EAST INDIA COMPANY. 

Between us and our countries there shall be peace and friendship ; it 
shall be lasting; our interest shall be one. 
VOL. XIII H 3 



100 



Aden-r/ir Subaihi No. XXVI. Part II 



We agree that Aden and the English shall be at peace with my tribe, 
and tbat the subjects of either may enter the other's territory, and^shall 
neither be oppressed nor insulted but treated with friendship. This we 
promise on both sides. 

Whoever may enter Aden of Shaikh Mehdi's tribe shall be respected 
and allowed free intercourse, attending of course to the laws. 

If robbery on the roads takes place, either by Shaikh Mehdi's tribe or 
any other within his district, he will be responsible. 

(Sd.) SHAIKH MEHDI BIN ALL 
Dated the iSth February 



Witnesses : 

(Sd.) MAHOMED HQUSSAIN. 
SYUD ALQWI, 



(Sd.) S. B. HAINES. 



ENGAGEMENT entered into on the i8th February 1839 by the 
SHAIKH of ZAIDEE, SHAIKH SALLAH AL-MIODEE, with 
COMMANDER HAINES, of the INDIAN NAVY, on behalf 
of the HONOURABLE EAST INDIA COMPANY. 

Between our respective countries there shall be peace and friendship, 
and Aden be at peace with us. The subjects of either may enter the 
other's territory without being subject to insult or oppression, merely 
attending to the laws. 

(Sd.) SHAIKH SALLAH AL-MIODEE. 

Dated the i8th February 1839. 

Witness : 

(9d.) ABDOOL RAZZAK, Casee. 

, (Sd.) S. B. HAINES. 



ENGAGEMENT of FRIENDSHIP and PEACE entered into, on the 
loth March 1839, by AOUN BIN YOOSOOF AL-SHERZEBEE 
with CAPTAIN HAINES, of the INDIAN NAVY, on behalf of 
the HONOURABLE EAST INDIA COMPANY, 

This paper is my witness, and is written by Shaikh Kasim bin Syud 
Sherzebee, and the interpretation is good. I am a friend and a great 



Part II Aden The SubMkt-TXo. XXVII. 



xox 



friend with the English ; it is true and permanent friendship. I trust in 
God that it will never be otherwise, and that nothing wrong shall ever take 
place, not even the slightest insult. My people shall enter your territory, 
and yours mine, as friends. Whatever the English please shall be done, 
and there shall never be two words. I will always act upon your seal, 
whatever it may be. Our friendship is known to God, and He is witness to 
it. 

(Sd ) AOUN BIN AL-YOOSOOF SHERZBBJEB, 
Dated the loth March 1839. 

Witnesses : 
(Sd.) SYUD ALOWI BIN ZAIN BIN SYUD AIDROOS. 

HADJEE JAFFER. 

SHEIKH OTHMAN. (Sd.) S. B. HAINES, 

Political Agent, 

No. XXVII. 

TRANSLATION of an AGREEMENT entered into by cetrain 
SECTIONS of the SUBAIHEE TRIBE for the PROTECTION 
of the ROADS at ADEN 1871. 
The reason of writing this is as follows : 

Whereas there has been much delay and inconvenience caused to 
travellers in their journevs to and from Aden, this agreement has been 
made with the Political Resident at Aden in order that henceforwai d 
iacilities may be placed in the way of those who travel Upon the roads 

Therefore we, whose names are hereunto subscribed, namely Abd*oollah 
bin Khadhar, the Mansooree, Naseer bin Khadhar, the Mansooree, Ahmed 
Tukkee, the Mansooree, Ibraheem Sayf, the Khaleefee, Ali bin Ahmed, the 
Khaleefee, Abd Ahmed bin Maharned Saeed, the Atawee, Hasan Noomao, 
the Khaleefee, do hereby agree with Major-General Charles William 
Tremenheere, C.B., Political Resident at Aden, on the part of the British 
Government, as tollows . 

ARTICLE i. 

That we hereby forego and relinquish all dues or taxes upon goods 
within our territory, or our roads, or in our markets, which have hitherto 
been levied upon travellers passing to or from Aden. 



102 Aden -The SubaikiJ&o. XXVII, Part II 



ARTICLE 3, 

That it is incumbent upon us to keep the roads secure and peaceful, and 
if any one belonging to our tribe plunders or otherwise injures travellers, we 
bind ourselves both to cause the restoration of the plundered property and 
in addition to punish the offender. 



ARTICLE 3. 

That if it can be shown that we have been lax or negligent in causing 
the restoration of the plundered property as above written, we bind our- 
selves to make good the same, and it shall be within the power of the 
Political Resident at Aden to satisfy the claim from any stipend which may 
be payable to us in commutation of the dues. 



ARTICLE 4, 

That it shall be within the power of the Political Resident at Aden, 
and at Iris discretion, to put an end to the payment of any stipend which 
we may receive in commutation of the dues, and in that case it shall be 
lawful for us to revert to the scale of dues fomerly levied by us upon 
merchandise. 

ARTICLE 5. 

^That should any plundering take place, or any outrages be committed 
within our territory by members of another tribe, we will endeavour to the 
utmost of our power to cause the restoration of the plundered property. 



ARTICLE 6. 

That there should be perpetual peace and friendship between us and 
the Bfitish Government and the friends and allies of the British Govern- 
ment. 

ARTICLE 7. 

That we are content to receive, in consideration of this agreement, the 
sum of twenty-five dollars (25) monthly from the Political Resident at 
Aden. 

ARTICLE 8. 
This Agree ment is binding upon us and our successors and upon the 



Part II Aden-Tfc- Sidaitt No. XXVIII. 



103 



British Government for ever, and shall be held to be in force from the 
day of May A.D. 1871, answering to the 25th day of Zafar A.H. 1388. 

Written on the itfh day of May A.D. 1871. 
Marks of 
(Sd.) HASSAN NOOMAN, the Khaleefee. 

ABD AHMED, the Atawee. 

An BIN AHMED, the Khaleefee. 

IBRAHEEM SAYF, the 

AHMED TUKKEE, the Mansooree. 

ABDOOLLAH BIN KHADHAR, the Mansooree. 

NASIR BIN KHADAR, the Mansooree. 

C. W. TREMENHEERE, 

Resident. 
Witnessed by 

SULTAN FADHL BIN MUHSIN, of Lahej. 

MOHAMMED BIN MUHSIN BIN FADHL. 
SHEIKH SALEH BIN An, the Doobeynee. 

ABDOOL KUREEM, the Mansooree. 

SALIM BIN ABDOOLLAH, the Rajai. 



Similar engagements entered into by the Makhdumi and Rajai 
sections of the Subaihees, the stipend granted to the former being $30 and 
that to the latter $40 a month. 



No. XXVIII. 

TRANSLATION of a BOND executed by ABDULLAH BIN KHA 
DHAR, of the MANSOOREE 1871. 

I, Abdoollah bin Khadhar, Mansooree, do hereby agree and do bind 
myself with Major-General Charles William Tremenheere, C.B., Political 
Resident at Aden, that if any plundering or any outrage be committed by the 
family of the Kuraysee in my territories, or beyond my territories, I will be 



10| Aden The Subailu'No. XXIX. Part II 

- ! 

security and answerable that satisfaction shall be made. I have executed 
tb ; s bond of my own free will, and my signature is hereunto subscribed. 

Dated at Sheikh Othman } the i^th day of May A.D. /<?/*/, answering to 

the 2yd day of 2 afar A.H. 1288. 
Witnesses : Mark of 

SULTAN FADHL BIN MUHSIN BIN FADHL. (Sd.) ABDOOLLAH BIN KHA- 

DHAR. 
MOHAMMED BIN MUSHIN BIN 

FADHL. 
SHEIKH HUSSAN NOOMAN, the Khaleefee. 

ABD AHMED BIN MOHAMMED (Sd.) C. W. TRBMENHBERE, 
SAEED, the Atawee. Resident. 



No, XXIX. 

TRANSLATION of an ENGAGEMENT entered into by the 

ATAFEE CHIEFS for the PROTECTION of SHIPWRECKED 

BRITISH SUBJECTS 1871. 

The reason of writing this is as follows : 

That we whose names are hereunto subscribed, namely, Saleh bin 
Kajih, the Atafee, AH bin Yehya, the Atafee, Khadhar bin Salim, the 
Atafee, Saeed bin AH bin Ali, the Atafee, Ahmed Sa'ad Sherweet, the 
\tafee, Sa'ad bin Sherweet, the Atafee, Nasir bin Saleh, the Beleshee, 
\h bin Abdoollahj the Yusufee, do hereby agree with Major-General Charles 
tViUiam Tremenheere, C.B., Political Resident at Aden, as follows: 

ARTICLE i. 

^ That it is incumbent onus to preserve peace and foster security in our 
erritory and upon our shores. 

ARTICLE 2. 

That in the event of any steamer, ship, or other vessel belonging to 
he British Government, or to a British subject, or to any other power, or 
o the^subjects of any other power, being wrecked upon our shores, 
protection shall be accorded to her and her crew, and the latter shall receive 
rood treatment. 

ARTICLE 3. 

That should the crew, as aforesaid, wish to proceed to Aden, we will 
>rotect them and conduct them in safety to that place. 



V 



Part II Aden The Subaihi No. XXIX. v' 105 



ARTICLE 4. 

That if any sailor belonging to any vessel which may be at anchor in 
Aden or the neighbouring harbours, or if any soldier belonging to the garri- 
son of Aden, shall desert to our country, we will protect him and conduct 
him in safety to Aden to be dealt with there. 

ARTICLE 5. 

That there shall be perpetual friendship between us and the British 
Government and the friends and allies thereof. 

Dated at Sheik Othman } the igth day of May A.D. I?T } answering to 
the 2^rd day of Zafar A.H. 1288. 

Marks of 

(Sd.) SHEIKH SALEH BIN KAJIH, Atafee. 

ALI BIN YEHYA, Atafee, 

KHADHAR BIN SALIM, Atafee. 

SALIH BIN SALIM, Atafee. 

SALIH BIN SAEED, Atafee. 

KAJIH BIN MUHSIN, Atafee. 

, KASSIM BIN HASSAN, Atafee. 

SAEED BIN ALI, Atafee. , 

AWAH BIN RAJIH, Atafee. 

NASIR BIN SALEH, Beleshee, 

ALI BIN ABDOOLLAH, Yusufee. 

SA'AD BIN SHERWEET, Atafee, 
Witnessed by - 

" SULTAN FADHL BIN MUHSIN BIN 
FADHL the Abdallee. 

SULTAN MAHOMMED BIN MUHSIN (Sd ) C. W. TREMENHEERE, 

BIN FADHL, Resident. 

SHEIKH SALIM BIN GHANIM, the 
Somali^ 

ABDOOL KUREEM, the Mansooree. 
SHEIKH NASIR BIN SAEED, the 
Makhdumi. 



10 6 Aden The Subathi-No. XXX. Part II 



No XXX. 

PROTECTORATE TREATY with the ATARI 1889. 

The British Government and Sa'idba Ah, 'Abdalla-ba-Ali, Ahmed bin 
Saleh-ba-Rajeh, Ah Mohammed, Saleh-ba-Sa'id Abdalla Mohammed, Fara 
Hasan, Ali-ba-Yahya, Rajeh-ba-Hasan, Rajeh-ba-AU, Abdalla-bin-Awadth, 
and Ahmed- al-Ajam, Sheikhs of the Atifi territory, being deisrous of main- 
taining and strengthening the relations of peace and friendship existing 
between them. 

The Biitish Government have named and appointed Brigadier-General 
Adam George Forbes Hogg, C.B., Political Resident at Aden, to conclude 
a Treaty for this puxpose. 

The said Brigadier-General Adam George Forbes Hogg and Said-ba- 
Ali, 'Abdalla-ba-Ah, Ahmed-bin-Saieh-ba-Rajeh, Ali Mohammed, S'aleh-ba- 
Sa'id, Abdalla Mohammed, Fara Hasan, Ali-ba-Yahya, Rajeh-ba-Hasan, 
Rajeh-ba-Ali, 'Abdalla-bin-Awadth, and Ahmed-al-Ajam, Shaikhs of the 
Atifi tribe aforesaid, have agreed upon and concluded the following 
articles: 

ARTICLE I. 

The British Government, in compliance with the wish of the under- 
signed Shaikhs of the Atifi tribe, hereby undertakes to extend to the Atifi 
territory on the south, coast of Aiabia and situated between the territory 
of the Birhimi tribe and that under the authority of the Turkish Govern- 
ment at Shaikh Sa'id, and which territory is under their authority and 
jurisdiction, the gracious favour and protection of Her Majesty the Queen- 
Empress. 

ARTICLE II. 

The aforesaid Shaikhs of the Atifi tribe agree and promise, on behalf 
of themselves, their relations, heirs and successors, and the whole ot the 
tribe, to refrain from entering into any correspondence, agreement or 
treaty, with any foreign nation or power, except with the knowledge and 
sanction of the British Government ; and further promise to give immediate 
notice to the Resident at Aden, or other British officer, of the attempt by 
any other power to interfere with the Atifi territory. 

ARTICLE III, 

The aforesaid Shaikhs of the Atifi tribe bind themselves, their 
relations, heirs and successors, and the whole tribe for ever, that they will 
not cede, sell, mortgage, lease, hire or give, or otherwise dispose of the 
Atifi territory, or any part of the same, at any time, to any power, other 
than the British Government. 



Part H Aden The SubaihiNo. XXX. 



107 



ARTICLE IV. 

The above Treaty shall have effect from th ; s date. In witness 
whereof the undersigned have affixed their signatures and seals at Aden 
this seventeenth day of September one thousand eight hundred and 
eighty-nine. 

(Sd.) A. G. F. HOGG, Brigadier-General, 

Political Resident. 

Aden } the IJth September 1889. 
Witness : 

(Sd.) E. V. STACK, Lieutenant-Colonel, 

Fir si Assistant Political Resident. 

(Sd.) AHMED BA SALEH BA RAJEH. 

ABDALLA BA J Au. 

ALI MAHOMMED. 

,, SALEH BA SA'ID. 

ABDALLA MAHOMMED. 

FARA HASAN. 

ALI YAHYA. 

RAJEH BA HASAN. 

RAJEH BA 'Ati. 

ABDALLA BIN AWADTH. 

AHMED AL-'AJAM. 
Witness : 

(Sd.) A. K. S. JAFFER, 

Acting Native Assistant Resident, Aden. 

(Sd.) LANSDOWNE, 
Viceroy and Governor General of India. 

^ This Treaty was ratified by the Viceroy and Governor General of 
India in Council at Fort William on the 26th day of February A.D, one 
thousand eight hundred and ninety. 

(Sd.) W. J, CUNINGHAM, 

Officiating Secretary to the Government 
of India } Foreign Department, 



Aden rAp SMS , 'No XXXI. Part II 



No, XXXI. 

PROTECTORATE TREATY with the BARHIMI 1889. 

The British Government and A li bin Ahmed Am-Tommi, Khalaf bin 
Tarak, Awadth bin Mohammed, Ahn ed Dakam, Awadth bin Hasan, Hadi 
bin Haidara, Ali bin Mashkul, Awadth bin Salim, Yahya bin Khadar, Salim 
b.n Jabir, Hasan bin Ghalib, Aivadth bin Uwaid, and Abdalla Ma'azabi, 
Shaikhs of the Barhimi territory, being desirous of maintaining and 
strengthening the relations of peace and fiiendship existing between them. 

1 he British Go\ernment have named and appointed Brigadier- 
General Adam George Forbes Hogg, C B., Political Resident at Aden, to 
conclude a treaty for this purpose. 

The said Brigadier-General Adam George Forbes Hogg and All bin 
Ahmed Am-Tommi, Khalaf bin Tarak, Awadth bin Mohammed, Ahmed 
Dokam, Awadth bm Hasan, Hadi bin Haidara, Ali bin Mashkul, Awadih 
bin Salim, Yahya bin Khadar, Salim bin Jabir, Hasan bin Ghalib, Awadth 
bin Uwaid, and Abdalla Ma'azabi, Snail- hs of the Barhimi tribe aforesaid, 
ha\e agreed upon and concluded the follow ing articles 

ARTICLE i. 

The British Government, in compliance with the wish of the under- 
signed Shaikhs of the Barhimi tribe, hereby undertakes to extend to the 
Barhimi territory on the south coast of Arabia, and situated between the 
territories of the Akrabi and Atifi tribes, which territory is under their 
authority and jurisdiction, the gracious favour and protection of Her 
Majesty" the Queen-Empress. 

ARTICLE 2. 

The aforesaid Shaikhs of the Barhimi tribe agree and promise on 
behalf of themselves, their relations, heirs and successors and the whole 
tribe, to refrain from entering into any correspondence, agreement, or 
treaty with any foreign nation or power, except with the knowledge and 
sanction of the British Government; and further promise to give 
immediate notice to the Resident at Aden, or other British Officer, of the; 
attempt by any other power to interfere with the Barhimi territory. 

ARTICLE 3. 

The afpre>aid Shaikhs of the Barhimi tribe hereby bind themselves, 
their relations, heirs and successors, and the whole tribe for ever, that 
they will not cede, sell, mortgage, lease, hire or give, or otherwise dispose 
of, the Barhimi territory^ or any part of the same, at any time, to any 
power, other than the British Government. 



Part II Aden The Subwh* No. XXXI. 109 

ARTICLE 4. 

The above Treaty shall have effect from this date. In witness 
whereof the undersigned have affixed their signatures and seals at Aden 
this twenty-first day of September one thousand eight hundred and eighty- 
nine. 

(Sd ) A. G. F. HOGG, Brigadier-General^ 

Political Resident^ Aden. 
ADEN : "* 

The 2ist September 1889. J 

Witness : 
(Sd.) E. V. STAGE, Lieutenant-Colonel, 

First Assistant Political Resident. 

(Sd.) ALI BIN AHMED AM-TOMMI. 

KHALAF BIN TARAK. 

AWADTH BIN MOHAMMED. 

AHMED DAKAM. 

AWADTH BIN HASAN. 

HADI BIN HAIDARA. 

ALI BIN MASHKUL. 

AWADTH BIN SALIM. 

YAHYA BIN KHADAR. 

SALIM BIN JABIR. 

HASAN BIN GHALIB. 

ABADTH BIN UWAID. 

ABDALLA MA'AZABI. 
Witness : 

(Sd.) A. K. S. JAFFER, 

Acting Native Assistant Resident. 

(Sd*) LANSDOWNE, 
Viceroy and Governor General o* India. 

This Treaty was ratified by the Viceroy and Governor General of India 
in Council at Fort William on the 26th day of February A*D. one thousand 
eight hundred and ninety. 
6 (Sd.) W. J. CUNINGHAM, 

Offg. Secy, to the Govf. of Jndia> Foreign Department. 



HO Adenn<? Fadthli No. XXXII. Part II 



No- XXXII. 

TRANSLATION of a BOND given by SULTAN AHMED BIN 
ABDOOLLAH, FADHLEE. 1839. 

Sultan Ahmed bin Abdoollah Fadhlee, his brothers Saleh,Nasir and 
Fadhl, and his cousins, do hereby agree that they enter into an agreement 
with their tribe, and those dependent upon them and those upon the latter, 
as before arranged with Commander Haines, who agrees to pay to these 
people the stipend which they used to receive from Sultan Muhsin Fadhl 
Abdalee. The agreement which has passed between them (the Sultan and 
Commander Haines) is, that whatever belongs to the Sultans of Abdalee, 
former and succeeding, and to those of Fadhlee, former and succeeding, 
shall be theirs ; that the Abdalee shall be responsible, as stipulated, for all 
injuries or outrages perpetrated in Lahej, its vicinity, or within its limits, or 
in Aden, its roads, or its limits ; and the above Sultan Ahmed for all acts 
of excess on the part of any of the Fadhlee, their clans, or those dependent 
upon them. In case Sultan Ahmed afford any assistance to any other 
Sultan ^ or tribe, this agreement shall be null and void. Our (Sultan 
Ahmed's)^ hand and Sultan MuhsuVs hand is one and the same. Our friends 
and his friends are identical If any of the above tribe commit any plunder 
or depredation on the roads or in Lahej, the Bond that we possess shall be 
null, until we shall recover and restore the plundered property. Should 
any assault or murder be committed in Lahej or Aden, or on their roads 
and should the act be brought home to any of the Fadhlee, or their tribe' 
he shall^be seized and is to be considered an offender. This Bond is 
always binding, and shall never become a dead letter. We shall draw the 
settled stipend every six months, and whenever there shall be any pressure 
of necessity, Government shall pay us a part (intermediately). The pay- 
ment is to commence from the month of Zilkad Hegira 1254 (January- 
February 1839) Whatever is affixed for the above people shall be received 
by^them through us or Sultan Muhsin or his children. These are the stipu- 
lations agreed to by Sultan Ahmed Fadhlee, and which are mediated by 
Sahm bin Sheikh and Syud bin Sulah, who are the Vakeels of Sultan Ahmad 
This agreement is consented to on Monday, the 26th day of Rubbee-ooi- 
Akhir Hegira 1255 (8th July 1839)- The half-yearly allowance which we 
shaU^ receive from Government is i8a cooroosh, half of which is 91 J. The 
provisions which the above people are accustomed to receive must be eiven 
to them at Lahej through the Sultan or his children. 

(Sd.) SULTAN AHMED BIN ABDOOLLAH BIN AHMED, E ADHLBE. 
Witnesses: 

MOOLLA JAFFER, Vakeel of Commander Haines. 
ALI BIN ABDOOLLAH BIN AHMED. 
SALIM BIN NASIR, Arab. 
KAZEE ABDOOL RAZZAK BIN ALL 



Part II Aden n* Farf/f^- No, XXXIII. * 

No. XXXIII. 

TRANSLATON of a BOND entered into by the FADTHLI SULTAN 
for the SECURITY of the ROADS leading to ADEN. 



Seal of 

Ahmed bin 

Abdoollah, the 

Fadhlee. 



An honourable Bond and a great writing ! 

I, whose name and seal are set herein, have covenanted to the beloved 
Alowi bin Zain Al Aidroos upon peace and friendship between us and the 
Governor, Vv illiam Coghlan Sahib, the Ruler of Aden ; and also upon the 
safety of the road and security of the poor from Lahej to Aden. I am 
responsible for every sedition that may take place on the road on the part 
of all the Fadhlee tribes, either inhabitants of the hills or coast, i am 
answerable for it for all what goes to them on the roads of Ibian and Aden. 
Whatever plunder may take place upon our subjects on the coast, I will call 
upon Syud Alowi, and the Governor of Aden has the interposition. 

If God should decree a quarrel, between the Fadhlee and the Abdalees, 
each would know his own friend, and the English should not interfere 
amongst Arabs. Each would go on according to his rule and covenant, 
and if anyone should try to make mischiet betwixt us (Fadhlee and English), 
the saying of such enemies must not be listened to. 

The Governor of Aden should abolish the invention which they have 
established at the gate of Aden upon the poor of our subjects and others ; 
for the sake of the good condition of the needy, we and the English are 
friends upon sincerity and good-will between them and us and protection for 
our said friends (subjects). 

I have covenanted to the beloved Alowi, and he will covenant on my 
behalf to the Governor, William Coghlan. 



In the presence of 

SALEH BIN ABDOOLLAH. 
NASIR BIN ABDOOLLAH. 
FADHL BIN ABDOOLLAH. 
ALI BIN AHMED AZZABBEE. 



H2 Aden-r&? FadtklilXon. XXXIV and XXXV. Pait II 

No. XXXIV. 

TRANSLATION of ARTICLES of AGREEMENT entered into by 

SULTAN AHMED BIN ABDOOLLAH 1867. 

ARTICLE i. 

That Sultan Ahmed bin Abdoollah, on behalf of himself, his successors, 
and his tribe, solemnly binds himself to abstain in future from all acts of 
plunder and disorderly violence. 

ARTICLE 2. 

To maintain peace with the neighbouring tribes, friends of the British 
Government. 

ARTICLE 3. 

To protect all merchants and travellers passing through his country. 
Any member of the tribe acting contrary to this rule to be immediately 

punished. 

ARTICLE 4. 

That one of the sons, or a near trusted relation, of the reigning Sultan 
of the Fadhlee tribe shall reside in Aden, to be near the Resident and 
to transact business relating to the tribe. 

ARTICLE 5, 
On these terms being solemnly agreed to the past will be forgotten. 

(Sd.) AHMED BIN ABDOOLLAH. 



sfth May 1867. 



No. XXXV. 



For the furtherance of PEACE and AMITY between the HIGH 
BRITISH GOVERNMENT and the tribe of the FADHLEES, the 
undersigned, MAJOR-GENERAL CHARLES WILLIAM 
TREMENHEERE, C.B., POLITICAL RESIDENT at ADEN, on 

behalf of the BRITISH GOVERNMENT, andSULTAN HAIDARA 

BIN AHMED BIN ABDOOLLAH, the FADHLEE, for himself 
and his successors, have agreed to the following conditions 

1872. 

ARTICLE i. 

Sultan Haidara bin Ahmed bin Abdoollah, the Fadhlee, agrees to waive 
his claim to transit dues and to all rights of revenue accruing from the kafilas 



Part II Aden The Fadthh No. XXXV. 113 



which enter and which leave Aden, and that the road through bis territory 
shall be entirely free, and that there shall be no obstacles in the way of 
travellers upon it. 

ARTICLE 2. 

Major-General Charles William Tremenheere, C.B., Political Resident 
at Aden, on behalf of the high British Government, agrees to pay to Sthetu 
Haidara bin Ahmed bin Abdoollah, the Fadhlee, and to his successor the 
monthly sum of eighty (80) dollars, in consideration of the abolition of land 
transit dues as aforesaid. 

ARTICLE 3. 

This agreement is distinct from, and in addition to, the engagement 
which was concluded with the Sultan of the Fadhlee tribe on the 27 th day 
of May 1867, and the stipend as aforesaid, that is to say f the sum of eighty 
dollars to be paid monthly, is over and above the stipend o one hundred 
dollars which is at this present time paid monthly by the high British 
Government to the Sultan of the Fadhlee tribe, and this engagement is to 
come into torce, and to have effect from this date of writing, that is to say 
the 6th day of May 1872, answering to the 28th day of Safar in the year 
of the Hijra 1 289. 

(Sd.) M. SCHNEIDER, Brigadier-General, 

Political Resident^ Aden. 

on behalf of MAJOR-GENERAL C. W. TREMENHEERE, C.B. 

(Sd.) HAIDARA BIN AHMED BIN ABDOOLLAH* 

Seal. 



Seal - (Sd.) NORTHBROOK, 

Viceroy and Governor-General. 

Ratified by His Excellency the Viceroy and Governor-General of India 
at Calcutta on the eighteenth day of December 1872. 

(Sd.) C. U. AlTCHlSON, 
Secretary to the Government of India. 

VOL, XIII 



U4 Aden The Fadthli No. XXXVI. Part II 

No. XXXVI. 

AGREEMENT REGARDING BOUNDARIES BETWEEN THE 'ABDALI 
AND THE FADTHLI 1881. 

In the name of the Most Merciful God ! 

Whereas there is a long-extisting friendship between the British 
Government and the 'Abdali and Fadthli ; and whereas the boundaries 
between these two tribes are not satisfactorily defined ; and whereas thi*? 
last-mentioned state of affairs has been the frequent cause of correspondence 
and disputes ; and whereas Sultan Fadthl bin ' Ali, on the part of the \ 

'Abdali, and Sultan Ahmed bin Husain, on behalf of the Fadthli, have \ 

agreed and consented to the settlement hereinafter set forth in the presence 
of Brigadier General F. Loch, C.B., Political Resident at Aden. Now be 
it known to all whom it may concern, that the Fadthli limit meets the 
British limit at Imad, and stretches from the sea 1^ mile westward to the 
north-east shore of the Wadi-as-Sagir, and from thence it runs gradually 
upward till it reaches Hiswatal Musaiferah. The 'Abdali limit to the west 
is as far as Bir 'Ali and Bir Dervish. 

If there are any fields at Wadi-as-Saghir belonging to the Fadthli 
v/ithin the limits of the 'Abdali, and if the owners of the said fields are 
able to prove their claim to them by certain and indisputable evidence \ 

whether documentary or by length of possession, according to the Shariah 
(Mahomedan Law), such lands Jare to remain with the said owners, who 
have the right to cultivate their lands and to enjoy the same rights and 
privileges as are enjoyed by other subjects of the Abdali. 

This agreement is concluded and agreed to on Tuesday, the 3rd day 
of May, in the year of Our Lord 1881, corresponding with the 5th day of 
Jumad-al-Akhir, 1298 Al-Hijn. 

In witness whereof we have settled our hand and seal. 

Signed by MOHAMMED MOHSIN FADTHL, 

for himself and 

Sultan FADTHL BIN 'ALI MOHSIN, 
Sultan of Lake}. 
Witnesses: 

(Sd.) AHMED 'ALI MOHSIN. 

SAYYID 'UMAR HUSAIN-AL-WAHSH. 

(Sd,) FRANCIS LOCH, Brigadier-General, 
Political Resident^ Aden. 
\ViTNESSES 

(Sd.) CHAS. W: H, SEALY, Captain, 

Assistant Resident. 
SALEH JAFFER, 

Native Assistant and Interpreter. 



Part II A6.eo.-T/ie FadtMtNo. XXXVII. "5 



No. XXXVU. 
PROTECTORATE TREATY WITH THE FADTHLI 1888. 

The British Government and Ahmed bin Husain, the Fadthli Sultan of 
Shakra, and the Fadthli country with their dependencies, being desirous 
of maintaining and strengthening the relations of peace and friendship 
existing between them ; 

The British Government have named and appointed Brigadier-General 
Adam George Forbes Hogg, C. B., Political Resident at Aden, to conclude 
a treaty for this purpose. 

The said Brigadier-General Adam George Forbes Hogg, C. B., and 
Sultan Ahmed bin Husain, the Fadthli, aforesaid^ have agreed upon and 
concluded the following articles : 



ARTICLE i. 

The British Government, in compliance with the wish of the undei- 
signed, Sultan Ahmed bin Husain, the Fadthli, hereby undertakes to^extend 
to Shukra and the Fadthli country with their dependencies, which are 
under his authority and jurisdiction, the gracious favour and protection 
of Her Majesty the Queen-Empress. 



ARTICLE 2. 

The said Sultan Ahmed bin Husain, the Fadthli, agrees and promises 
on behalf of himself, his heirs, and successors to refrain from entering into 
any correspondence, agreement, or treaty with any foreign nation or power 
except with the knowledge and sanction of the British Government ; ana 
further promises to give "immediate ^notice to the Resident at Aden, or 
other British officer of the attempt by any other power to interfere with 
Shukra and the Fadthli country and their dependencies. 

ARTICLE 3. 

The said Sultan Ah,med bin Husain, the Fadthli, hereby binds himself 
and his heirs and successors for ever, that he or they will not cede, sell, 
mortgage, lease, hire or give, or otherwise dispose of, the Fadthli territory, 
or any part of the same* at any time, to any power other than the British 
Government. 

VOL. XIII l9 



n6 Aden The Akratt No. XXXVIII. Part II 



ARTICLE 4. 

The above treaty shall have effect from this date> In witness whereof 
the undersigned have affixed their signature or seals at Aden this fourth 
day of August one thousand eight hundred and eighty-eight A. D. 

(Sd.) A. G. F. HOGG, Brigadier-General, 

Political Resident. 
Witness : 

(3d.) E. V. STAGE, Lieutenant-Colonel, 

Acting First Assistant Political Resident. 

(Sd.) AHMED BIN HUSAIN, 
Witnesses : 

(Sd) ABDALLA BIN NASIR. 
HUSAIN BIN AHMED. 
M, S, JAFFER. 

Native Assistant Resident, Aden. 

(Sd.) LANSDOWNE, 
Viceroy and Governor General of India. 

Thib treaty was ratified by the Viceroy and Governor General of India 
in Council at Fort "William on the 26th day of February A. D. one thousand 
eight hundred and ninety. 

(Sd.) W. J. CUNINGHAM, 
Qffg. Secy, to the Govt. of India, Foreign Department. 



No* XXXVIII. 

ENGAGEMENT of PLACE and FRIENDSHIP entered into, on the 

4th February 1839, by SULTAN HAIDARA BIN MEHDI, of 

the AKRABEES, and SHEIKH ARDOOL KUREEM BIN 
SALLAH MEHDI, SHEIKH FADHL BIN HAIDARA BIN 
AHMED, of SELA, AKRABEE CHIEFS, with COMMANDER 
HAINES, of the INDIAN NAVY, on behalf of the HONOUR- 
ABLE EAST INDIA COMPANY. 

Between the British and Akrabees there shall be peace and lasting friend- 
ship. Aden, belonging to the English and the Akrabi tribe, shall be at peace 



Part II Adea The Abubi No. XXXIX. 117 



and firm friends. If the subjects of either uish to have free intercourse in 
each other's territory, they shall be welcome, and receive neither molestation 
nor insult. 

If the English wish to enter the Akrabi territory, they shall be respected 
and received with kindness, for they are friends. If any disturbance should 
take place between the subjects of either country, the culprit, it" English, 
is to be given over to the laws of Aden, if Akrabi, to the laws of the Sultan 
for punishment. 

In witness of the agreement, in the presence of God. 



Dated Aden> the 4th February 

(Sd.) SULTAN HAIDARA BIN MEHDI. 
Witnesses : 

(Sd) SYUD ALOWI. 
RASHED ABDOOLLAH. 
JAFFER BIN MOOLLA ABDOOLAH. 
S. B. HAINES. 



NO. XXXIX. 

TRANSLATION of an AGREEMENT by the SHEIKH and ELDERS 
of the AKRABI TRIBE 1857. 

PRAISE be to GOD, who is worthy of PRAISE! 

Attestation and agreement from the Sheikh Abdoollah Ba Haidara 
Mehdi and all the elders of the Akrabees whose names are set below. We 
have covenanted with His Excellency the Governor, William Coghlan Sahib, 
Ruler of Aden, upon everlasting sincerity and the repelling of sedition in 
their (o\\n) limits, and upon purity of friendship. We will do all m our 
power (agreeably to friendship) to protect (the interest) the English Govern- 
ment and its subjects, and if any of the English wish to come out to Bir 
Ahmed for recreation, they mu&t inform us, and upon us rests the (their), 
perfect reverence and protection ; any want the Governor may require, we 
are (Ins) soldiers day or night. Our country and our property are in the 
service of the British Government, and may our Lord continue the friendship 



izS 



Aden The Akrabi~J$Q. XL. Part 



Ultimatelv ne have covenanted according to what we have explained above, 
and we beg God to confirm us in the fulfilment of the faithful covenants. 

Tfns is done on the i8th of Shdban 1273, iath April /*57- 

(Sd.) ABDOOLLA BA HAIDARA MEHDI. 
SALEH BA HAIDARA MEHDI. 
ABDOOL KUREBM SILAM MEDHI. 
HADJ OBAID ALLAH YEHIA. 

ALI BIN AHMED ALL 
Witnessed by 

SYUD MAHOMED BIN ZAIN AL-AIDROOS. 

SYUD AIDROOS BIN ZAIN AL-AIDROOS. 

SHEIKH ALI BIN AHMED BA ABDOOLLAH AZAB. 
In presence of 

(Sd.) ALOWI BIN ZAIN AL-AIDROOS. 



No. XL. 

TRANSLATION of an AGREEMENT entered into by the CHIEF of 
the AKRABI TRIBE regarding the sale of JEBEL IHSAN 1863, 

PRAISE be to God alone! 

The object of writing this lawful Bond is, that it is hereby covenanted 
and agreed betuixt Sheikh Abdoolla ba Haidara Mehdi, Chief of the Akrabi 
tribe, on the one part, and Brigadier William Marcus Coghlan, Governor of 
Aden, on behalf of Her Majesty the Queen of England, on the other part, 
that the said Sheikh Abdoollah ba Haidara Mehdi doth pledge himself, his 
heirs and successors, by this agreement never to sell, mortgage, or give for 
occupation, save to the British Government, any portion of the Peninsula 
called Jebel Ihsan, including the Khor of Bir Ahmed, Al-Ghadeer, Bundar, 
Fogurn, and all tie intermediate coast and inlets. 

In consideration of which act of friendship, the said Sheikh Abdoollah 
ba Haidara Mehdi has received from Brigadier William Marcus Coghlan, 
Governor of Aden, an immediate payment of three thousand (3,000) dollars, 
and shall also receive from the said Brigadier Coghlan or his successors a 
future monthly subsidy of thirty (30] dollars, it being understood that this 
stipend imposes an obligation on the part of Sheikh Abdooiah ba Haidara 
Mehdi, his heirs and successors, to protect all traders and British subjects who 
pass though or reside iu the Akrabi territory, and also for preserving terms 



Part II Aden The Akrabi > No. XLL 119 

of peace and friendship betwixt the Akrabi tribe and the Governor of Aden, 
representing the Government of Her Majesty the Queen of England. 

In token of this honourable engagement, the Brigadier William Marcus 
Coghlan and Sheikh Abdoollah Ba Haidara Mehdi do severally affix their 
hand and seal at Aden on Friday, the twenty-third day of January, in the 
year of Christ one thousand eight hundred and sixty-three, corresponding 
with the third day of Shaban in the year of the Hegira one thousand two 
hundred and seventy-nine. 

(Sd.) ABDOOLLAH BA HAIDARA MEHDI. 
W. M. COGHLAN, Brigadier, 

Political Resident, A den. 
In presence of 

(Scl.) MAHOMED BA HAIDARA. 
ALOWI BIN ZAIN AL AIDROOS. 
AIDROOS BIN ZAIN. 
H. RASSAM, 

Assistant Political Resident, Aden. 



No. XLL 

TRANSLATION of an ENGAGEMENT entered into by the SHEIKH 

of the AKRABI TRIBE for the sale of LITTLE 

ADEN 1869, 

The cause of writing this lawful deed is as follows: 
That a Treaty and engagement is made between Sheikh Abdoollah Ba 
Haidara Mehdi, Sheikh of the Akrabi tribe, on the one part, and General sir 
Edward Russell, Resident of Aden, on behalf of the Honourable British 
Government, on the other, 

To wit, the abovementioned Sheikh Abdoollah Ba Haidara Mehdi on 
his part binds himself by these presents to have sold and delivered over in 
perpteuity to the British Government the Peninsula called Jebel Ihsan alias 
Jebel Hussan and the Khor of Bir Ahmed and Al-Ghader and Bunder 
Fokum, and all and whatsoever is comprised on the seashore in the matter 
of harbours or ports between the said Khor (of Bir Ahmed) and Bundar 
Fogum; and moreover the said Abdoollah Ba Haidara Mehdi binds himself, 
his heirs and successors, by these presents, never to sell or pledge or give 
up any one for residence, excepting to the British Government, any portion 
whatsoever of Jebel Ras Imran, or the land on the border of the bay between 
Ras Imran and Jebel Ihsan or Hussan ; and in consideration of what is 
aforementioned, the said Sheik Abdoollah Ba Haidara Mehdi has received 



120 



Aden The AM z No. XLI. Part II 



from General Sir Edward Russell, Resident at Aden, the sum of thirty 
thousand German crowns, being the amount of purchase-money agreed upon 
by the said Abdoollah Ba Haidara Mehdi, and this sum of thirty thousand 
German crowns is over and above the sum of three thousand German crowns 
which Brigadier William Marcus Coghlan stipulated for and paid to the 
said Sheikh Abdoollah Ba Haidara Mehdi on the 23rd day of January 1863, 
in accordance with the Treaty that was made on that date, and payment of 
these said three thousand Uerman crowns then well and truly made to the 
said Abdoollah Ba Haidara Mehdi. 

In \\itness that the terms of this Treaty are truly and justly binding on 
Sheikh Abdoollah Ba Haidara Mehdi of himself, his heirs and successors, as 
to the sale, and on General Sir Edward Russell, Resident at Aden, on behalf 
of the Honourable British Government, as to the purchase, both have 
hereunto set their signatures and seals, at Aden, this 2nd day of April A.D. 
1869, equivalent to 2ist day of the month Zhil Hujj A. H 1285. 

(3d.) ABDOOLLAH BA HAIDARA MAHDI. 

* E. L. RUSSELL, Major-General, 

Resident at Aden. 
In presence of 
;Sd.) ALOWI BIN ZAIN AL AIDROOS. 

G. R. GOODFELLOW, Captain, 

Assistant Resident ', Aden. 

Articles of Treaty and engagement between Sheikh Abdoolah Ba Hal* 
dara Mehdi and Sir Edward Russell, Resident at Aden, that the honour and 
respect which is due to Abdoollah Ba Haidara Mehdi from the British Gov- 
ernment continue, and that from the present date an increase of dollars 10 
to the present subsidy of 30 dollars be paid (making) a total of dollars 40 
(per mensem), and that Abdoollah Ba Haidara (be permitted to) levy 
transport dues on whatever may be landed from the bunders which he has 
sold this day according to a Treaty drawn up with Sir Edward Russell on 
bchali of the British Government should the goods so landed thence pass 
through his territory, viz., Bir Ahmed, and all claims of Sultan Fadhlee, or 
of Sultan Ahmed, tne Fadthli, upon Bir Ahmed, the Resident is to take 
upon himself, and this is what is agreed upon. 

This second day of April i86g> equivalent to &ist day of Zhil Hujj 1823. 

(Sd.) E. L. RUSSELL, Major-General, 

Resident at Aden. 

ABDOOLLAH BA HAIDARA MAHDI, 
Witnesses: 

(Sd,) ALOWI BIN ZAIN AL AIDROOS, 
AIDROOS BIN ZAIN AL AIDROOS. 
G. R. GOODFELLOW, Captain, 

Assistant Resident, Aden. 



Part 1 1 Aden The AkrabiNo. XL II. 121 



No. XLIII. 

AGREEMENT for the PURCHASE of LAND from the AKRABI 

SHEIKH 1888. 

This agreement made this i5th day of July one thousand eight 
hundred and eighty-eight A. D., corresponding to 5th al-Ka'ada one 
thousand three hundred and five, between Sheikh Abdalla ba Haidara 
Mahdi, Sheikh of the Akrabi tribe, on the one part, and Brigadier-General 
A. G. F. Hogg, C.B., Political Resident, Aden, on behalf of the Govern- 
ment of India, on the other part. 

Whereas a tract of land belonging to the said Sheikh 'Abdalla ba 
Haidara Mahdi, lying between the village of Hiswa and Little Aden and 
Bandar Fogum, is required by the Government of India to secure British 
jurisdiction over the entire shores of the harbour of Aden and for other 
reasons; and whereas the said Sheikh 'Abdalla ba Haidara Mahdi has 
agreed to sell to the Government of India the said tract of land for a sum 
of rupees two thousand ; this therefore \vitnesseth that in pursuance of 
this agreement, and in consideration of the sum of rupees two thousand 
paid by the said Government of India to Sheikh 'Abdalla ba Haidara Mahdi, 
the receipt whereof the said Sheikh 'Abdalla ba Haidara Mahdi doth 
hereby acknowledge, and for the same doth hereby release the Government 
of India, the said Shaikh ' Abdalla b a Haidara Mahdi doth hereby grant 
and confirm unto the Government of India all that tract of land described 
as under, that is to say, a strip land of the breadth of half a mile extend- 
ing along the shore from the Tuban river westward past Little Aden to 
Bandar Fogum, and to be defined thus by a line commencing from the 
second pillar from the shore on the boundary line now dividing British 
from Akrabi territory, and which pillar is situated at a distance of about 
half a mile from the shore, thence running parallel to the sea-shore 
in a westerly direction, passing the British boundary of Little Aden at 
a distance of half a mile, and meeting the shore of Bundar Fogum at a 
distance of half a mile from the British boundary of Little Aden. 

The tract of land thus ceded to the Government of India is bounded 
thus : 

North Akrabi territory. 

South The sea and the British territory of Little Aden. 

East British territory. 

West 1 he sea of Bunder Fogum. 

The said strip of half a mile in breadth to be measured from high 
water mark and to include all shores, bays, and bunders on the seaside 
of the said tract, to have and to hold the said tract of land as the property 
of the Govenment of India in perpetuity without any let or hindrance 
or any claim or demand by the said Sheikh 'Abdalla ba Haidara Mahdi 



122 



Aden The Akrab No.XLIil. , Part II 



or his heirs and successors, or by any of his tribesmen or any other person 
or persons whomsoever. 

In witness whereof the said parties to these presents ^ have hereunto 
set their hands and seals the day, month and year above written. 

(Sd ) A. G. F. HOGG, * (Sd,) ABDALLA BA HAIDARA 

Brigadier* General, MAHDI. 

Political Resident, Aden. Witnesses 

(Sd.) x Mark of SHAIKH ' An BA 
HAIDARA. 

Witnesses ( Sd -) FADTHL BA HAIDARA 

(Sd,) E. V. STAGE, MAHDI. 

Acting First Assistant (Sd.) M. S. JAFFER, 

Political Resident. Native Assistant Resident* 

A 7 . B. In the original the agreement is in parallel columns of English and Arabic* 



No. XLIII. 
PROTECTORATE TREATY WITH THE AKRABI 1888, 

The British Government and *Abdalla ba Haidara Mahdi, the Akrabi 
Sheikh of Bir Ahmed with its dependencies, being desirous of maintaining 
and strengthening the relations of peace and friendship existing between 
them. 

The British Government have named and appointed Brigadier- 
General Adam George Forbes Hogg, C. B,, Political Resident at Aden, to 
conclude a Treaty for this purpose. 

The said Brigadier-General Adam George Forbes Hogg, C.B., and 
Sheikh 'Abdalla ba Haidara Mahdi, the 'Akrabi aforesaid, have agreed 
upon and concluded the following articles : 

ARTICLE i. 

The British Government, in compliance with the wish of the under- 
signed, Sheikh 'Abdalla ba Haidara Mahdi, the 'Akrabi, hereby und er- 
takes to extend to Bir Ahmed with its dependencies, which are under his 
authority and jurisdiction, the gracious favour and protection of Her 
Majesty the Queen-Empress. 

ARTICLE 2. 

The said Sheikh 'Abdalla ba Haidara Mahdi 3 the 'Akrabi, agrees and 
promises on behalf oi himself, his heirs and successors, to refrain from 



Part II Aden The !*i'j*i~N0, XLIV, 133 



entering into any correp,on'l**n*r, at^ivement or trrafj, wsth any 
or native power, except with the knowledge ami sanction of the British 
Government; and further prnmws to gi\o immediate notice to the Resi- 
dent at Aden, or other British officer! of th** attempt by any other power 
to interfere with Dir Ahmed a>id its dependencies, 

ARTICLE 3. 

The above Treaty shall ha\e effect from t!rs date In \vi:ne5s there- 
of the undersigned have affixed their s'mgatures or seavS at Dir Ahmed tins 
1 5th day of July 1888. 

(SdJ A. G. F. HCGG, Brigadier-G+9hrat, 

Political Resident i Aden, 
Witnesses : 

(Sd.) E. V. STAGE, Lieut. -Col., 
Acting First Assistant P#!itica! Resident. 

;Sd v ADDILLA BA HAIDARA MAH F JI. 
Witnesses : 

Mark x o( SHEIKH 'Ati BA HAID\RA. 
(Sd.) FADTHL BA HMDARV MAHDI. 

M. S. J \FFER. 

Native Assistant Resident. 

(Sd*) LANSDOWNE, 
Viceroy and Governor-General of India, 

This Treaty was ratified by the Viceroy and Governor General of India 
in Council at Fort William on' the 26th of February A.D. one thousand 
eight hundred and ninety. 
** (Sd.) W. J. Cl'NINGHW, 

Officiating Secretary to the Government of India, 
Foreign Department. 

XLIV. 

TREATY WITH SHEIKH MOHSIN-BIN-FARID-BIN-NASAR-AL- 
YESLAMI-AL-AULAKI. 

The British Government and Sheikh Mohsin-bin-Farid-bin-Nasar-al- 
Yeslami, of the Upper Aulakis, being desirous of entering into relations of 
peace and friendship; 

The British Government have named and appointed Major-Genera! 
Pelharn James Maitland, CJB., Political Resident at Aden, to conclude a 
treaty for this purpose. 



124 Aden The Aulaki No. XLIV. Part II 



The said Major-General Pelham James Maitland, C.B., and Sheikh 
Mohsin-bin-Farid-bm-Nasar-al-Yeslami aforesaid have agreed upon and 
concluded the following Articles : 

I 

There shall be peace and friendship between the British and Upper 
Aulakis. The subjects of the British and the tribesmen of the Upper 
Aulakis under the jurisdiction of the said Sheikh shall each be free to enter 
the territories of the other , they shall not be molested, but shall be treated 
with respect at all times and in all places. The said Sheikh and other 
notable persons shall visit Aden \vhen they please. They shall be treated 
with respect and be given passes to carry arms. 

II 

In compliance with the wish of the aforesaid Sheikh Mohsin-bm-Farid- 
bin-Nasar-al-YesIami of the Upper Aulakis, the British Go\ eminent hereby 
undertakes to extend to the territory of the Upper Aulakis and its depen- 
dencies, being under the authority and jurisdiction of the said Sheikh, the 
gracijus fa\our and protection of His Majesty the King-Emperor, 

III 

The said Sheikh Mohsin-binParid-bin-Nasar-al-Yeslami of the Upper 
Aulaki hereby agrees and promises, on behalf of himself, his heirs and 
successors, and the whole of the Upper Aulaki tribe under his jurisdiction to 
refrain from entering into any correspondence, agreement, or treaty with 
any foreign nation or Power; and further promises to give immediate 
notice to the Resident at Aden, or other British officer, of the attempt by 
any other Power to interfere with the territory of the Upper Aulaki and 
its dependencies. 

IV 

The said Sheikh Mohsin-bin-Farid-bin-Nasar-al-Yeslami of the Upper 
Aulaki hereby binds himself and his heirs and successors for ever that they 
will not cede, sell, mortgage, lease, hire, or give, or otherwise dispose of 
the territory of the Upper Aulaki under his jurisdiction, or any part of the 
same, at any time, to any Power other than the British Government. 

V 

^ The said Sheikh Mohsin-bln-Farid-bin-Nasar-al-Yeslami further pro- 
mises, on behalf of himself, his heirs and successors, and his tribesmen, that 
they will keep open the roads in the country of the Upper Aulaki under his 
authority and jurisdiction, and that they will protect all persons who may 
be going in the direction of Aden for the purposes of trade, or returning 
therefrom. In consideration thereof the British Government agrees to pay 
to the said Sheikh and to his successor or successors a monthly sum of 
sixty (60) dollars, the half of which is thirty dollars 



Part II Aden T-tA 'a ,-No.XLV. 125 



VI 

The above treaty shall ha\e effect from this date. In \\5tncss thereof 
the undersigned ha\e affixed their sigrature* or sea!** at Aden, this eighth 
day of December, one thousand nine hundred and three. 

P. J. MMTLANP, Major-Genera!^ [Mark cr : ] 

Political Residcn: at Aden. MOHSIN-BIN-FARID-BN-N V5.R. 

II tintsscs 

H. M. ABID, Lt.-Col t SHEIKH BUBAKR-BIN-F^D-BIN* 

Polfl. Agent and First Assf. Resident. Xvs.R. 

G. YV, BURY, SAYAD ABDULLA ARDAROOS- 

Extra Asst. Resident. * BLN-ZAiv 

ALI JAFFER, 

Head Clerk end I Ate* prefer. 

(Sd,) CURZQN, 
Viceroy and Governor-General of India, 

This treaty was ratified by the Viceroy and Governor-Geneial of Indfc 
in Council at bort William on the 5th day of February, A, D, 3 one thou 
sand nine hundred and four, 

(Sd.) LOUIS \Y. DANE, 

Secretary to the Government of 
Foreign 

No. XLV. 

TREATY WITH THE UPPER AULAKI SULTAX. 

The British Government and Sultan Saleh-bin-Abdulla-bin-Awadth-bin 
Abdulla, the Sultan of the Upper Aulakis, being desirous of entering int 
relations ot peace and friendship : 

The British Government have named and appointed Major-Genen 
Pelham James Maitland, C.B., Political Resident at Aden, to conclude 
treaty for this purpose. 

The said Major-General Pelham James Maitland, GB , and Sulta 
Saleh-bin-Abdulla-bin-Awadth-bin-AbduIla aforesaid have agreed upo 
and concluded the following Articles : 

I 

There shall be peace and friendship between the British and Uppi 
Aulakis. The subjects of the British and the tribesman of the Upp< 



126 Aden The Au!afoNo. XLV. Part II 



Aulakis under the jurisdiction of the said Sultan shall each be free to enter 
the territories of the other, they shall not be molested, but shall be treated 
with respect at all times and in all places. The said Sultan and other 
notable persons shall visit Aden when they please, They shall be treated 
with respect and be given passes to carry arms. 

II 

In compliance with the wish of the aforesaid Saleh-bin-Abdulla-bin- 
Awadth-bin-Abdulla, Sultan of the Upper Aulakis, the British Government 
hereby undertakes to extend to the territory of the Upper Aulakis and its 
dependencies being under the authority and jurisdiction of the said Sultan 
the gracious favour and protection of His Majesty the King-Emperor. 

Ill 

The said Sultan Saleh-bin-Abdulla-bin-Awadth-bin-AbdulIa, the 
Upper Aulaki, hereby agrees and promises, on behalf of himself, his heirs 
and successors, and the whole of the Upper Aulaki tribe under his jurisdic- 
tion, to refrain from entering into any correspondence, agreement, or treaty 
with any foreign nation or power ; and further promises to give immediate 
notice to the Resident at Aden or other British officer of the attempt by 
any other Power to interfere with the territory of the Upper Aulaki and its 
dependencies. 

IV 

The said Sultan Saleh-bin-Abdulla-bin-Awadth-bin Abdulla, the Upper 
Aulaki, hereby binds himself and his heirs and successors for ever that 
they will not cede, sell, mortgage, lease, hire, or give, or otherwise dispose 
of, the territory of the Upper Aulaki under his jurisdiction, or any part of 
the same, at any time to any Power other than the British Government. 

V 

The said Sultan Saleh-bin-Abdulla-bin-Awadth-bin- Abdulla further pro- 
mises, on behalf, of himself, his heirs and successors, and his tribesmen, that 
they will keep open the roads in the country of the Upper Aulaki under his 
jurisdiction, and that they will protect all persons who may be going in 
the direction of Aden for the purposes of trade, or returning therefrom, 
la consideration thereof the British Government agrees to pay to the said 
Sultan and to his successor or successors a monthly sum of one hundred 
(100) dollars, the half of which is fifty dollars. 

VI 

The above treaty shall have effect from this date. In witness thereo 



Part II Aden T* c At&b No. XLVL 

the undersigned have affixed their signatures or seals at Aden, t 
eighteenth day of March one thousand nine hundred and four. 

P. J, MAHLXND, Major-Genera:, [ ] 

Resident at Aden. 

The seal of Sl'LT\N S\LEH-B 
ABDULLA, 

signed on behalf of Sui/i 
S VLEH-BIN-ADDL LLA. 

Witnesses [His mark] "} 

XASAR BIN-ABDULLA Brothers c 

F DEB. HANCOCK, Captain* [His mark] ( SULTAN SAL 

Assistant Resident^ Aden. AHMAD-B1N-ABDULLA, J 

G.W.BURY, 

Extra Assistant Resident* 

W messes 
ALI J\FFER, [His mark] 

Head Interpreter. ALI-BIN-NASAR. 

[His mark] 

AHMAD-BIN-NASAR, AM^SHEBA, 
SAY AD MUHAMMAD-BIN-ALI, 

Mansab of Walit. 

CURZON, 
Viceroy and Governor General of hit 

This treaty was ratified by the Viceroy and Governor-General of Ii 
in Council at Simla on the 23rd day of April A.D. one thousand i 
hundred and four. 

Louis W. DANE, 

Secretary to the Government of Indit 
Foreign Defartn 

No. XLVL 

TRANSLATION of an AGREEMENT entered into by the OWI.A 
CHIEFS for the SUPPRESSION of the SLAVE TRADE 185= 

In the name of the Most Merciful God and Him we implore f 
The reason of writing this Bond is, that influenced by motive 
humanity and by a desire to conform to the principles on which the 



128 



Aden The Aulaki - No. XLVI. 



Part II 



English Government is conducted, we lend a willing ear to the proposals 
of our sincere friend Brigadier W. M.Coghlan, Governor of Aden, that 
we shall covenant with him and with each other to abolish and prohibit 
the exportation of slaves from any part of Africa to any other place in 
Africa or Asia or elsewhere under our authority. 

We, whose names and seals are set to this Bond, do therefore in the 
sight of God and of men solemnly proclaim our intention to prohibit the 
exportation of slaves from Africa by every means in our power ; we will 
export none ourselves, nor will be permit our subjects to do so, and any 
vessel found carrying slaves shall be seized and confiscated and the slaves 
shall be released. 



Peace. 



Signatures. 



Witnessed by Syud /"SULTAN MUNASSAR BIN Boo BEKR BIN MAHDI, 
Mahomed bin Abd- j the Owlakee, done at Hour, dated I4th October 
-oor-Rahman Al- 1 1855. 

Zufferi. (^SULTAN ABU BEKR BIN ABDOOLLAH BIN MAHDI, 

the Owlakee ; same date and place. 



Similar engagements were entered into by 

' ALI MAHOMED ZAID, elder of the Habr Gerhagis, 
tribe of Somalis, at Mait ; done the 5th 
Zuffer 1272, corresponding with the ijth 
October 1855, 

HiRSEE An MAHOMED, elder of the Habr 
Gerhagis, tribe of Somalis, at Mait ; done the 
5th Zuffer j 2?2 ; corresponding with the I7th 
October 1855. 

And by 

MAHMOOD MAHOMED, elder of the Habr 
Taljala tribe, at Hais; 5th Zuffer 1272, corre- 
Witnessed by Omar spending with 1 7th October 1855. 
bin Ahmed bin Syud<{ ABOO BEKR BIN MAHOMED, elder of the Habr 
Bashtiabeeoh. Taljala tribe, at Racoda ; done the 5th Zuffer 

1272, corresponding with t the I7th October 

1855- 

ABD OMAR, elder of the Habr Taljala tribe, at 
Unkor; done the 6th day of Zuffer 1272, 
corresponding with the i8th October 1855. 

ALI AHMED, elaer of the Habr Taljala tribe, at 
Unkor ; done the 6th Zuffer 1272, correspond- 
ing with the i8th October 1855. 

HASSUNYOUSEF, elder of the Habr Taljala tribe, 
at Kurrum ; done the 6th day of Zuffer 1272, 

. corresponding with the i8th October 1855. 



Part II Aden The AvlatiNo. KLVIU 



f MAHOMED LEBAN, Chief of the Habr Ta 
j tnbe ? at Kurrum ; done the 6th Zuffer I 
j corn-sp-^.***; THth the iSth October 1855. 
} YOUSEF CTH.MA:;, elder of the Habr Taljala tr 

Witnessed by Omar* at Ain Tarad ; done the ;th Zuft'er 1272, co 
bin Ahmed bin SyucP spending with the igth Oclober 1855. 



Bashtiabeeoh, 



AHMED ABOO BBKR MAHOMED LEBAN, elder 
the Habr Taljala tribe, at Ain Tarad , done 
7th Zuffer 1272, corresponding with the i 
October 1855. 



No. XLVII. 

PROTECTORATE TREATY with the LOWER AULAKI 1888. 

The British Government and Bubakrbin 'Abdalla'bin Malidi, reign' 
Sultan of the Lower 'Aulaki tribe, on behalf of himself and his heirs s 
successors, and on behalf of his cousin Nasir bin 'Ahmed and his heirs a 
successors : 

And 'Abdalla bin Bubakr bin 'Abdalla, on behalf of himself and 
relations, 'Ahmed bin Bubakr, and Mahdi bin Bubakr and 'Ahmed 1 
Nasir and Nasir bin Ahmed and his and their heirs and successors : 

And Bubakr bin Nasir bin 'Ali bin Mahdi, on behalf on himself and 
relations, 'Awadth bin Nasir bin All, and Madhi bin 'AH bin Nasir, a 
'Abdalla bin 'Ali bin Nasir, and Saleh bin 'AH bin Nasir and 'Alawi t 
1 Ali bin Nasir, and Ghalib bin 'Ali bin Nasir, and 'Ahmed bin Abdalla I 
Nasir, and Nasir bin 'Abdalla bin Nasir, and his and their heirs a 
successors : 

And Nasir bin Bubakrbin Nasir bin Bubakr bin Madhi, on behalf 
himself and his relations, 'Ali bin Mohammed bin Bubakr, and Nasir b 
Mohammed bin Bubakr, and 'Awadth bin Mohammed bin Bubakr, ai 
Bubakr bin Mohammed bin Bubakr, and Abdulla bin Manassar bin Nas 
and 'All bin Manassar bin Nasir, and Nasir bin Saleh bin Husain, ai 
'Awadth bin 'Abdulla bin Farid, and Manassar bin Ali bin Farid, ar 
his and their heirs and successors': 

And Mahdi bin ,Ali bin Nasir bin Mahdi, on behalf of himself and 1 
relations, Bubakr bin 'Abdulla bin Nasir, and Hassan bin 'Abdalla b 
Nasir, and Bubakr bin Nasir bin * Ali and Mahdi bin Nasir bin Mahdi, ai 
Bubakr bin Nasir bin Mahdi, and Saleh bin Nasir bin Mahdi, and his ai 
their heirs and successors : 

All being Sultans of the Lower Aulaki tribe, and all being desiroi 
of maintaining and strengthening the relations of place and friendsh 
existing between them. 

VCl.. XSIi K 



I3 o Aden The Aulaki No. XLVII. Part U 

The BriUsh Government have named and appointed Brigadier- 
General Adam George Forbes Hogg, C.B., Political Resident at Aden, 
to conclude a treaty for this purpose. 

The said Bigadier-General Adam George Forbes Hogg, C,B., and 
Bubakr bin. Abdulla bin Mahdi, on behalf of himself and his heirs 
nd successors and on behalf of hi@ cousin Nasir bin 'Ahmed, his heirs arid 
successors : 

And 'Abdalla bin Bubakr bin Abdalla, on behalf of himself and his 
relations 'Ahmed bin Bubakr, and Mahdi bin Bubakr, and 'Ahmed, bin 
Nabir, and Nasir bin 'Ahmed, their heirs and successors : 

And Bubakr bin Nasir bin 'Ali bin Mahdi, on behalf of himself a,nd his 
relations, 'Awadth bin Nasir bin 'AH and Mahdi bin 'Ali bin Nasir and 
'Abdalla bin 'Ali bin Nasir, and Saleh bin AH bin Nasir and 'Alawi bin, 
Ali bfn Nasir, and Ghahb bin 'Ali bin Nasir, and Ahmed bin Abdalla bin 
Nasir, and Nasir bin 'Abdalla bin Nasir, their heirs and successors : 

And Nasir bin Bubakr bin Nasir bin Bubajkr bin Madhi, on behalf o 
himself and his relations, J Ali bin Moham,med bin Bu-bakr, and Nasir bin 
Mohammed bin Bubakr, anc( Awadth bin Mohammed bin Bubakr, and 
Bubakr bin Mohamed bin Bubakr and Abdaila bin Manassar bin Nasir, and 
Ali bin Manassar bin Nasir, and Nasir bin Sa,leh bin Husain, and Awadth 
bin Abdalla bin Fand, and Manassar bin Ali bin Farid, their heirs nd 
successors : 

And Madhi bin Ali bin Nasir bin Madhi, on behalf of himself and hi& 
relation Bubakr bin Abdalla bin Nasir, and Hassan bin Abdalla bin Nasir 
and Bubakr bin Nasir bin Ali, and Mahdi bin Nasir bin Madhi, and Bubakr 
bin Nasir bin Madhi, and Saleh bin Nasir bin Madhi, their heirs and suc- 
cessors, have agreed upon and concluded the following articles : - 

ARTICLE i. 

The British Government, in compliance with the wishes of the afore- 
said Sultans of the Lower Aulaki tribe, hereby undertakes to extend to 
Ah war and its dependencies, which are under the authority and jurisdiction 
q{ the Lower Aulaki tribe, the gracious favour: and protection of Her 
Majesty the Queen-Empress. 

ARTICLE 2. 

The aforesaid Sultans of the Lower ; Aulaki tribe agree and promise, 
on behalf of themselves and their heirs and successors, to refrain fron^' 
entering into any correspondence, agreement, or treaty with any foreign 
nation or power, except with the knowledge and sanction of the British 
Government; and further promise to give immediate notice to the Resident 
at Aden, or other British officer, of the attempt by any other power to 
interfere with Ahwar and its dependencies. 



Part II Aden ft<c sl;< ;<{'; No. XL VII. 131 

ARTICLE 3, 

The above treaty shall have effect trom this date. In witness whereof 
the undersigned have afnxed their ?: *r-^:rr'? or seals, at Aden, this second 
day of June one thousand eight hundred and eighty-eight. 

ADEN, (Sd.) A. G. F. HOGG, Brigadier-Gere:, 

The 2nd Jutie iSSS. Political Resident* Aden. 

Witness: 

(Sd.) E. V. STAGE, LieuL-Col. 

Acting First Astt. Pol. Resident. 
The 2nd June 1888. * 

(Sd.) SULTAN BUBAKR BIN ABDALLA BIN MAHDI. 
,, ABDALLA BIN BUBAKR BIN ABDVLLA. 
BUBAKR BIN NASIR BIN' ALi. 
NASIR BIN BUBAKR. 

Mark OF + MAHDI BIN ALI BIN NASIR. 

Witnesses : 
(Sd.) AHMED BIN BUBAKR. 

Mark of 4- MAHDI BIN ALI. 

Mark of 4- O'ALAWl BIN ALi. 
(Sd.) ABDAL MAJID BIN BUBAKR. 

M. S. JAFFER, 

Native Assistant Resident^ Aden. 

(Sd.) LANSDOWNB, 
Viceroy and Governor-General of India. 

This Treaty was ratified by the Viceroy and Governor-General of India 
in Council at Fort William on the 26th day of February A.D. one thousand 
eight hundred and ninety, 

(Sd.) W. J. Cl'NINGHAM, 

Q/g* Secy, to the Goit of India, 

Foreign Deff. 

VOL. XIII K 2 



Adea-5rtaff-a^offaft--No. XLVIII. Part 1 1 



No. XLVIII. 

TREATY WITH SHARIF AHMAD-AM-MOSHIN OF BEHAN-AL- 
KASAB. 

The British Government and Sharif Ahmad-am-Mohsin of Behan-al- 
Kasab being desirous of maintaining and strengthening the relations of 
peace and friendship existing between them ; 

The British Government have named and appointed Major-General 
Pelham James Maitland, C.B,, Political Resident at Aden, to conclude a 
treaty for this purpose. 

The said Major-General Pelham James Maitland, C.B., and Sharif 
Ahmad-am-Mohsii^ aforesaid have agreed upon and concluded the follow- 
ing Articles : 

I 

In compliance with the wish of the aforesaid Sharif Ahmad-am-Mohsin 
the British Government hereby undertakes to extend to the territory of 
Behan-al-Kasab and its dependencies, being under the authority and juris- 
diction of the said Sharif, the gracious favour and protection of His Majesty 
the King-Emperor, 

II 

The said Sharif Ahmad-am-Mohsin hereby agrees, on behalf of him- 
self ^his heirs and successors, and of the people of Bekan-al-Kasab under 
his jurisdiction, to refrain from entering into any correspondence, agree- 
ment or treaty, with any foreign nation or power; an further promises to 
give immediate notice to the Resident at Aden or other British officer, of 
the attempt by any Pov\er to interfere with the territory of Befcan-al-Kasab 
or its dependencies. 

in 

The said Sharif Ahmad-am-Mohsin of Behan-al-Kasab hereby binds 
himself, his heirs and successors, forever, that they will not cede,sell, mort- 
gage, lease, hire, or give, or otherwise dispose of, the territory of Behan-al- 
Kasab, or its dependencies under his jurisdiction, or any part of the same, 
at any time, to any Power other than the British Government 



IV 
The above treaty shall have effect from this date, in witness thereof 



Part II 



Aden Behan-al-Kasab No* XL VIII. 



the undersigned have affixed their signatures or seals at Aden this twent) 
ninth day of December one thousand nine hundred and three. 



P. J. MAITLAND, Major-General, 
Political Resident at Aden. 



Witnesses 



H. M. ABUD, Lt. Col, 

First Asst. Resident. 



G W. BURY, 

Extra Asst. Resident. 



[ Mark of ] 
SHARIF AHMAD-AM-MOHSIN. 

Witnesses 
[ Mark of ] 
SHEIKH SALIM-BW-AU-BIN- 

NlMRAN-AL-MURAD 

[ Mark of ] 
ALI-BIN-HUJSEN. 



[ Mark of ] 
MOHAMMED-BW-SHAMAKH-BIN-GHANAM 

Witnesses*-- 

ALI JAFFER, 
Head Clerk and Interpreter. 



ALI EBRAHIM, 
Arabic Clerk. 



CURZON, 
Viceroy and Governor-General of India. 



This treaty was ratified by the Viceroy and Governor-General of India 
in Council at Backergunge on 24th February 1904. 

LOUIS W. DANE, 
Secretary tg the Government of Jndia^ 

Foreign Department. 



Adea-A**-No. XLIX. Part II 



NO. XLIX. 

PROTECTORATE TREATY with the IRKA 1888. 

The British Government and 'Awadth bin Mohammed ba Das, Sheikh 
of Irka and its dependencies, being desirous of maintaining and strengthen- 
ing the relations of peace and friendship existing between them. 

The British Government have named and appointed Brigadier-General 
Adam George Forbes Hogg, C.B., Political Resident at Aden, to conclude a 
treaty for this purpose, 

The said Brigadier-General Adam George Forbes Hogg, C.B., and 
'Awadth bin Mohammed ba-Das, Sheikh of 'Irka and its dependencies, afore- 
said, have agreed upon and concluded the following articles : 

ARTICLE i. 

The British Government, in compliance with the wish of the undersigned 
Sheikh 'Awadth bin Mohammed ba-Das, hereby undertakes to extend to 
'Irka and its dependencies, which are under his authority and jurisdiction, 
the gracious favour and protection of Her Majesty the Queen-Empress. 

ARTICLE 2. 

The said Sheikh 'Awadth bin Mohammed ba-Das agrees and promises, 
on behalf of himself, his heirs and successors, to refrain from entering into 
any correspondence, agreement, or treaty with any foreign nation or power, 
except with the knowledge and sanction of the British Government ; and 
further promises to give immediate notice to the Resident at Aden, or other 
British officer, of the attempt by any other power to interfere with 'Irka and 
its dependencies. 

ARTICLE 3. 

The above Treaty shall have effect from this date. In witness whereof 
the undersigned have affixed their signatures or seals at 'Irka this twenty- 
seventh day of April one thousand eight hundred and eighty-eight. 

(Sd.) A. G. HOGG, Brigadier-General, 
Witness : Political Resident, Aden. 

(Sd.) C. E, GissiNG, 

Commander^ Royal Navy } 

Her Majesty's " Osprey" 

(Sd.) SHEIKH 'AWADTH MOHAMMED BA-DAs, 

Witness: Shaikh of Irka. 

(Sd.) M. S. JAFFER, 

Native Assistant Resident, Aden. 

(Sd.) LANSDOWNE, 



Part 



L. 



This Treaty was ratified by the Viceroy and Governor-General of India 
in Council at Fort William on the 26th day of February A. D. one thousand 
eight hundred and ninety. 

(Sd.) W. J. CUNINGHAM, 

Officiating Secretary to the Govern ment of India > 

Foreign Department. 

No. L. 

PROTECTORATE TREATY IRKA. 

The British Government and Sheikh Ahmed-bin-Awadth-bin-Muham- 
hiad-ba-DaSj Sheikh of Irka and its dependencies, being desirous of main- 
taining and strengthening the relations of peace and friendship existing 
bet \\een them: 

The British Government have hamed and appointed Brigadier-General 
Pelham James Maitland, C B , Political Resident at Aden, to conclude a 
Treaty for this purpose 

The said Brigadier-General Pelham James Maitland, C B., and Sheikh , 
Ahmed-bin-Awadth-ba-Da*, Sheikh of Irka and its dependencies, aforesaidjj 
have agreed upoil and concluded the following Articles .- \ 

ARTICLE I. j 

The British Government, in compliance with the wish of the undersigned^ 
Sheikh Ahmed-bin-Awadth-bin-Muhanimadrba-Das, hereby undertakes to 
(extend to Irka and its dependencies, which are under his authority and 
jurisdiction, the gracious favour and protection of His Majesty the King- 
Emperor. 

ARTICLE II. 

The said Sheikh Ahmedrbin-Awadth-bin-Muhamtaad-ba-Das agrees and 
promises, on behalf of himself, his heirs and successors, to refrain from 
entering into any correspondence, Agreement or Treaty, with any foreign 
nation or Pow r er except with the knowledge and sanction of the British 
Government, and further promises to give immediate notice to the Resident 
at Aden, or other British officer, of the attempt by any other Power to 
interfere with Irka and its dependencies. 

ARTICLE III. 

The aforesaid Sheikh Ahmed-bin-Awadth-bin-Muhammad-ba-Das 
hereby binds himself, his relations, heirs and successors and the whole tribe 
for ever that he or they * ill not cede, sell, mortgage, lease, hire or give, 
or otherwise dispose of the Irka territory, or any part of the same, at any 
time, to any Power other than the British Government, 



Aden Low Hauta No. LI. Part II 



ARTICLE IV. 

The above Treaty shall have effect from this date, in witness whereof 
the undersigned have affixed their signatures and seals at Aden this 
seventh of January one thousand nine hundred and two. 

P. J MAITLAND, Brigadier-General^ His 

Political Resident. SHEIKH AHMED-BIN x AWADTH-BIN- 

mark. 

MUHAMMAD-BA-DAS. 
Witness 

R. S. POTTINGER, Captain, 

Acting First Assistant Political Resident. 

M. RUSTOMJEE, 

Acting Fourth Assistant Political Resident. 

CuRZON, 
Viceroy and Governor-General of India. 

This Treaty was ratified oy the Viceroy and Governor-General of India 
in Council at Calcutta, on the 2yth day of March, A.D one thousand nine 
hundred and two. 

H. S. BARNES, 
Secretary to the Government of India, 

Foreign Department* 



No. LI. 

PROTECTORATE TREATY with the LOWER HAURA 1888. 

The British Government and Abdalla bin Mohammed ba Shahed and 
his brothers Ahmed bin Mohammed, Said bin Mohammed, and 'Ali bin 
Mohammed, Sheikhs of Lower Haura and its dependencies, being desirous 
of ^ maintaining and strengthening the relations of peace and friendship 
existing between them. 

The British Government have named and appointed Brigadier-General 
Adam George Forbes Hogg,.CB., Political Resident at Aden, to conclude 
a treaty for this purpose, 



B said Brigadier-General Adam George Forbes Hogg, C.B., and 
Sheikh 'Abdalla bin Mohammed ba Shahid and his brothers 'Ahmed bin 



Part II Aden Lower HawaNo. LI. 13 

Mohammed, Said bin Mohammed and ? Ali bin Mohammed, aforesaid, hav< 
agreed upon and concluded the following articles: 

ARTICLE i. 

The British Government in compliance \\ith the wish of the under 
signed, 'Abdalla bin Mohammed ba Shahid, and his brothers 'Ahmed bii 
Mohammed, Said bin Mohammed and 'Ali bin Mohammed, Sheikhs of Lowe 
Haura and its dependencies, hereby undertake to extend to Lower Haun 
and its dependencies, which are under their authority and jurisdiction, th< 
gracious favour and protection of Her Majesty the Queen-Empress. 

ARTICLE 2. 

The said Abdalla bm Mohammed ba Shahid and his brothers Ahme( 
bin Mohammad Said bin Mohammed and Ah bin Muhammed > agree anc 
promise, on behalf of themselves and their heirs and successors, to refrair 
from entering into any correspondence, agreement or treaty, with an) 
foreign nation or power, except with the kno\\ ledge and sanction of the 
British Government ; and further promise to give immediate notice to the 
Resident at Aden, or othei British officer, of the attempt by any othe 
po\\er to interfere with Lower Haura and its dependencies, 

ARTICLE 3. 

The above Treaty shall have effect from this date. In witness whereo 
the undersigned have affixed their signatures or seals at Lower Haura thi 
tuenty-eighth day of April one thousand eight hundred and eighty-eight 

(Sd ) A. G. F. HOGG, Brigadier -General, 

Political Resident^ Aden. 
Witness : 

(Sd.) C. E. GissiNG, Commander, Royal Navy, 

Her Majesty's " Osprey." 

(Sd.) SHEIKH ABDALLA BIN MOHAMMED BA SHAHID, 

Owner of Haura> Lower. 

Mark of AHMED BIN MOHAMMED. 

SAID BIN MOHAMMED. 

ALI BIN MOHAMMED. 
Witness : 

(Sd.) M, S. JAFFER, 

Native Assistant Resident, Aden. 

(Sd,) ALI BIN SAHIB BIN ABD-AS-SAMAD, 

(Sd.) LANSDOWNE, 
Viceroy and Hover nor-General of Indu 



Aden Lower /jfottfo No, LII. Part II 



This Treaty was ratified by the Viceroy and Governor-General of India 
in Council at Fort William on the 26th day of February A.D. one thousand 
eight hundred and ninety. 

(Sd.) W, J. CUNINGHAM, 

Officiating Secretary to the Government of Indza, 

Foreign Department. 



No. LII. - 

PROTECTORATE TREATY HAURA. 

The British Government and Sheikh Saleh*bin-Awadth, Sheikh of 
Haura and its dependencies, being desirous of maintaining and strengthen- 
ing the relations of peace and friendship existing between them : 

The British Government have named and appointed Brigadier-General 
Pelham James Maitland, C.B , Political Resident at Aden> to conclude a 
treaty for this purpose. 

The said Brigadier-General Pelham James Maitland, C.B., and Sheikh 
Saleh~bin-Awadth, Sheikh of Haura and its dependencies, aforesaid, have 
agreed upon and concluded the following articles : 

ARTICLE I. 

The British Government, in compliance with the wish of the under- 
signed Sheikh-Saleh-bin-Awadth, hereby Undertakes to extend to Haura 
and its dependencies, which are under his authority and jurisdiction, the 
gracious favour and protection of His Majesty the King-Emperor. 

ARTICLE II. 

The said Sheikh-Saleh-bin-Awadth agrees and promises, on behalf of 
himself, his heirs and successors, to refrain from entering into any corre- 
spondence, agreement or treaty, with any foreign nation or Power, except 
with the knowledge and sanction of the British Government, and further 
promises to give immediate notice to the Resident at Aden, or other British 
officer, of the attempt by any other Power to interfere with Haura and its 
dependencies. 

ARTICLE III. 

The aforesaid Sheikh Saleh-bin-Awadth hereby binds himself, his 
relations, heirs and successors and the whole tribe for ever, that he or they 
will not cede, sell, mortgage, lease, hire or give, or otherwise dispose of the 
Haura territory, of any part of the same, at a*ny time, to any Power other 
than the British Government. 



Part II Aden The ra/iu No. LIII. 159 



ARTICLE IV. 

The above treaty shall have effect from this date, in witness whereof 
the undersigned have affixed their signatures and seals at Aden this seventh 
of April one thousand nine hundred and t\\o 

P. J. MAITLAND, Brigadier-General^ His 

Political Resident at Aden. SHEIKH SALEH x-BlN-AWADTH, 

mark. 
Witness 

R. S. POTTINGER, Captain, 

Acting First Assistant to the Political Resident. 

M. RUSTOMJEE, 

Acting Fourth Assistant to the Political Resident. 

CURZQN, 
Viceroy and Governor-General of India* 

This treaty was ratified by the Viceroy and Governor-General of India 
in Council at Simla on the I3th day of June A.D, one thousand nine hundred 
and two. 

H. S. BARNES, 

Secretary to the Government of Jndia^ 

Foreign Department* 

NO. LIII. 

ENGAGEMENT of FRIENDSHIP and PEACE entered into, on the 
1 2th February 1839, by SHEIKH ARSEL BIN HVDEE BIN 
AHMED, MUSAIDEE of a district of the YAFFAEES, and the 
accredited Agent from the ancient Chieftain SULTAN ALI 
GHALIB, of the YAFFAEES, with COMMANDER HAINES, of 
the INDIAN NAVY, on behalf of the HONOURABLE EAST 
INDIA COMPANY, 

We agree that there shall be peace and friendship between us, and 
that the English at Aden shall be at peace with us Should the subjects 
of either country enter the other's territory, they shall not be molested o* 
insulted but be considered as friends. 

If kafilas from the Yaffaee district wish to enter Aden by the Gai 
Wallah territory for trade, they shall not be molested, but the property 



140 Aden The rfoi No, LIII. Part II 

respected by both parties, and the owners allowed free intercourse and 
barter. They may export from Aden, and they shall be respected. 

Dated Aden } the sist February 1839. 

(Sd.) SHEIKH HASIL BIN HADEE BIN AHMED. 

Witness : 

(Sd.) Au ABDULLAH SYUD ALOWL 



LITERAL TRANSLATION of a TREATY concluded by SULTAN 
ALI GHALIB and his son AHMED BIN ALI GHALIB, of the 
tribe of YAFFAEE AL EFEFEE 1839. 

In the name of God, the Merciful, the Clement! 

We faithfully agree, on the part of ourselves and those who are subor- 
dinate to them, those of the tribe of Yaffaee and those who are dependent 
on them, and of the tribe of Mureedea and Sayeedeh and those dependent 
on them, and for Commander Haines, Governor of Aden, for all and every 
belonging to them, on Sultan Muhsin Fuzil Obaid Ali, Commander Haines, 
Governor of Aden, and representative of the Company, and in the manner 
that went, the Sultan Obaid Ali, past and future, and those of the tribe who 
are gone and are coming, that they shall possess their own property, and 
that whatever they have shall be theirs, and whatever loss is occasioned to 
them in Lahej or round about it, or in its environs, or in Aden, or on the 
road of Aden, are included in the same Treaty concluded by Obaid Ah, 
and if any injury is occasioned by the tribe of Yaffaee or by its dependants 
AH Gbalib shall be responsible, and if at any time Ali Ghalib will render 
assistance to any one of the Sultans, or any one of the other tribes, the 
Treaty confirmed by God will be violated between us and him, and our hand 
and the hand of Sultan Muhsin shall be as one, and our friends and the friends 
of the Sultan shall be the same. If any of the above shall be plundered on 
the road of Lahej the Treaty will be infringed ; and if anything which we 
have is broken ^or taken away, and if any one makes war in Lahej, or kills 
anyone in Lahej, or in Aden, or on the road of Aden, and it shall be known 
that that man is of the tribe of Yaffaee or one of its dependants, he (Sultan 
AU Ghalib) v^ill be responsible. This Treaty of God which we have will 
never become old, but be always held to be new. We shall take what is 
agreed upon every six months, commencing the istZilkad 1254 Hegira (iSth 
January 1839), and what is agreed upon will be taken by us, or by the 
Sultan, or by his son. This is whit has been agreed upon and settled by 
Sultan Ali Ghalib and his son Ahmed bin Ali Ghalib, and has been agreed 
to by their representatives Hasil bin Ahmed bin Hadee and Hyder bin 
Ahmed, who have been sent by them, and they are the representatives of 



Part n Aden The Yafai No. LIV. 



141 



AH Ghalib, and this is concluded this 25th day of Rubbee-ooI-Awul 1255 
Hegira(8th June 1839). 

Witnesses : 

(Sd.) SYED MAHOMED BIN ZAIN BIN Boo BEKR, 
KAZEE ABDOOL RUZA BIN ALI SAAD BIN MUSUOOD, 

HASIL BIN AHMED BIN WADEE, of the tribe of Mooredee, 

Vakeels of Alt Ghalib. 
MAHOMED ALI YEHIA. 

JAFFER MOONSHEE, of the Company's Government. 

HYDER BIN AHMED YAFFAEE, Vakeel of AH Ghahb* 



No. LIV. 

PROTECTORATE TREATY. LOWER YAFII. 

The British Government and Bubakar hin Saif, the Yafii Sultan of 
Khanfar, Al Husn Masana Ar-Rawwa Al-Kara and the Lower Yafii country 
with their dependencies, being desirous of maintaining and strengthening 
the relations of peace and friendship existing between them. 

The British Government have named and appointed Brigadier-General 
Carles Alexander Cuningham, Political Resident at Aden, to conclude a 
treaty for this purpose. 

The said Brigadier-General Charles Alexander Cuningham and Sultan 
Bubakar bin Saif, the Yafii aforesaid, have agreed upon and concluded the 
following articles : 

ARTICLE L 

The British Government, in compliance with the wish of the under- 
signed, Sultan Bubakar bin Saif, the Yafii hereby undertakes to extend to 
Khanfar, Al Husn, Masana Ar-Rawwa Al-Kara and the Lower ^Yafii 
country with their dependencies, which are under his authority and juris- 
diction, the gracious favour and protection of Her Majesty the Queen- 
Empress. 

ARTICLE II. 

The said Sultan Bubakar bin Saif the Yafii agrees and promises on 
behalf of himself, his relations, heirs, successors and the whole tribe to 
refrain from entering into any correspondence, agreement or treaty* with 
any Foreign Nation or Power, except with the knowledge and sanction of 
the British Government, and further promises to give immedate notice to 
the Resident at Aden or other British officer, of the attempt by any other 



142 Aden-TVi* Yafcn - No. LV. Part II 

Power to interfere with Khanfar, Al-Husn, Masana, Ar-Rawwa Al-Kara 
and the Lower Yafii country and their dependencies. 

ARTICLE III. 

The said Sultan Bubakar bin Saif, the Yafii, hereby binds himself, his 
relations, heirs, successors and the whole tribe for ever that he or they will 
not cede, sell, mortgage, lease, hire or give or otherwise dispose of the 
Lower Yafii territory and its dependencies or any part of the same, at any 
time, to any Power, or person other than the British Government. 

ARTICLE IV. 

The above treaty shall have effect from this date. In witness whereof 
the undersigned have affixed their signatures ot seals at Aden, this first day 
of August one thousand eight hundred and mnety-five, A. D.^ 

(Sd.) C. A. CUNINGHAM, Brigadier-General, 

Political Resident, Aden. 
Witness. 

(Sd.) W. B. FERRIS, Major, 
First Assistant Resident, Aden. 

* 

(Sd.) ELGIN, 
Viceroy and Governor-General of India. 

This treaty was ratified by the Viceroy and Governor General of India 
in Council at Simla, on the a8th day of October A. D,, one thousand eijfht 
hundred and ninety-five. 

(Sd.) W. J. CUNINGHAM, 
Secretary to the Government of India, Foreign Department, 



No. LV. 

TREATY WITH THE DTHUBI SECTION OF THE YAFFAI-AS-SAFFAL. 

The British Government and Muhammad Muthanna-bin-Atif Jabar and 
his brother, Amr Muthanna-bin-Atif Jabar, the Sheikhs of the Dthubi 
Section of the tribe Yaffai-as-Saffal, being desirous of entering into relations 
of peace and friendship ; 

The British Government have named and appointed Brigadier-General 
Pelham James Maitland, C.B., Political Resident at Aden,, to conclude a 
treaty for this purpose. 



Part II Aden The Ya/ai No. J-V, 143 



The said Brigadier-General Pelham James Maitland, C.B and the 
Sheikhs Muhammad Muthanna-bin-Atif Jabar and Amr Muthanna-bin-Atif 
Jabar aforesaid have agreed upon and concluded the following Articles : 

I 

There shall be peace and friendship between the British and the Dthubi. 
The subjects of the British and the tribesmen of the Dthubi shall each be 
free to enter the territories of the other ; they shall not be molested, but 
shall be treated with respect at all times and in all places. The Sheikhs 
of the Dthubi shall visit Aden when they please. They shall be treated 
with respect and be given passes to carry arms. 

II 

In compliance with the wish of the aforesaid Muhammad Muthanna- 
bin-Atif Jabar and Amr Muthanna-bin-Atif Jabar, Sheikhs of the Dthubi, 
the British Government hereby undertakes to extend to the territory of the 
Dthubi and its dependencies, being under the authority and jurisdiction of 
the said Sheikhs, the gracious favour and protection of His Majesty the 
King*Emperor. 

HI 

The said Sheikhs Muhammad Muthanna-bin-Atif Jabar and Amr 
Muthanna-bin-Atif Jabar hereby agree and promise, on behalf of them- 
selves, their heirs and successors, and the whole of the Dthubi clan, to 
frain from entering into any correspondence, agreement, or treaty with 
any foreign Nation or Power ; and further promise to give immediate 
notice to the Resident at Aden, or other British officer, of the attempt by 
any other Power to interfere with the territory of the Dthubi and its 
dependencies. 

IV 

The said Sheikhs Muhammad Muthanna-bin-Atif Jabar and Amr 
Muthanna-bin-Atif Jabar hereby bind themselves and their heirs and suc- 
cessors for ever that they will not cede, sell, mortgage, lease, hire, or give, 
or otherwise dispose of, the territory of the Dthubi or any part of the same,, 
at any time, to any Power other than the British Government. 

V 

The said Sheikhs Mahammad Muthanna-bin-Atif Jabar and Amr 
Muthanna-bin-Atif Jabar further promise, on behalf of themselves, their 
heirs and successors, and their tribesmen, that they will keep open the 
roads in the country of the Dthubi, and that they will protect ail persons 
who may be going in the direction of Aden for the purposes of trade, or 
returning therefrom. In consideration thereof the British, Goveirnmeat 



144 Aden The Ytfai -No. LVI. Part II 

agrees to pay to the snid Sheikhs and to their successor or successors a 
monthly sum of 40 (forty) dollars, the half of winch is 20 dollars. 

VI 

The above treaty shall have effect from this date. In witness thereof 
the undersigned have affixed their signatures or seals at Aden this eleventh 
day of May one thousand nine hundred and three. 

P. J MAJTLAND, Brigadier-General^ 

Political Resident. 
Witnesses 

H. M. ABUD, Lieut.-Col., 

Political Agent and First Assistant Resident. 

G. W. BURY. 

[Seal of] SHEIKH MUHAMMAD MUTHNANA-BIN-ATIF JABAR* 
[Signature of] SHEIKH AMR-BIN-SHEIKH-MUTHANNA-BIN-ATIF JABAR* 

Witnesses 

ABDALLA-BIN-AIDAROS, 

Mansab of Aden. 

ALI JAFFER. 

CURZON, 

Viceroy and Governor- General of India. 

This treaty was ratified by the Viceroy and Governor-General of India 
in Council at Simla on the 26th day of October, A.D., one thousand nine 
hundred and three. 

LOUIS W. DANE, 

Secretary to the Government of India , 
Foreign Department. 



No. LVI. 

TREATY WITH THE MAUSATTA SECTION OF THE YAFFAI-AS-SAFFAL. 

The British Government and Sheikh Ali-bin-Aslcar-bin-AK Kasim and 
his brother, Sheikh Mohsin-bin-A&kar-bin-Ali Kasim, the Nakibs of the 



Part H Adea~n<? YafaiNo. LVI. 145 

Mausatta ^section of the tribe Yaffai-as-Saffal, being desirous of entering 
into relations of peace and friendship ; 

The British Government have named and appointed Brigadier-General 
Pelham James Maitland, C,B., Political Resident at Aden, to conclude a 
treaty for this purpose. 

The said Brigadier-General Pelham James Maitland, C.B., ana the 
ibs^ Ali-bin-Askar-bin-Ali Kasim and Mohsin-bin-Askar-bin-Ali Kasitn 
aforesaid have agreed upon and concluded the following Articles : 

I 

There shall be peace and friendship between the British and the 
Mausatta. The subjects of the British and the tribesmen of the Mausatta 
shall each be free to enter the territories of the other ; they shall not be 
molested, but shall be treated with respect at all times and in all places. 
The Nakibs of the Mausatta shall visit Aden when they please. They shall 
be treated with respect and be given passes to carry arms. y 

II 

The said Nakibs Ali-bin-Askar-bin-Ali Kasim and Mohsin-bin-Askar- 
bin-Ali Kasim hereby agree and promise on behalf of themselves^ their heirs 
and successors, and the whole of the Mausatta clan, to refrain from entering 
into any correspondence, agreement, or treaty with any foreign nation or 
Power ; and further promise to give immediate notice to the Resident at 
Aden, or other British officer, of the attempt by any other Power to 
interfere with the territory of the Mausatta and its dependencies. 

Ill 

The said Nakibs Ali-bin-Askar-bin-Ali Kasim and Mohsin-bin-Askar- 
bin-Ali Kasim hereby bind themselves and their heirs and successors for 
ever that they will not cede, sell, mortgage, lease, hire, or give, or otherwise 
dispose of, the territory of the Mausatta or any part of the same at any 
time, to any Power other than the British Government. 

IV 

The said Nakibs Ali-bin-Askar-bin-Ali Kasim and Mohsin-bin Askar- 
bin-Ali Kasim further promise on behalf of themselves, their heirs and 
successors and their tribesmen, that they will keep open the roads inThe 
country of the Mausatta, and that they will protect all persons who may be 
going in the direction of Aden for the purposes of trade, or returning there- 
from. In consideration thereof the British Government agrees to pay to 
the said Nakibs and to their successor or successors a monthly sum of 50 
(fifty) dollars, the half of which is twenty-five dollars. 

VOU XIH L 



Aden Tfa KtffelNa. LVIL Part II 



The above treaty shall have effect from this date. In witness thereof 
the undersigned have affixed their signatures or seals at Aden, this Third 
day of July One thousand nine hundred and three. 

P. J. MAitLAND, Brigadter-Generaly 

Political Resident. 
Witnesses*** 

H. ML ABUD, Lieut^Col, 

Political Agent and First Assistant Resident* 

G. W. BURY, 

Extra Assistant Resident. 

[Seals of] Au-BiN-AsKAR-BlN-ALi KASIM and 

MOHSIN-BINASKAR-BIN-AU KASIM. 

Witnesses 
ALI JAFFER. 

ABDUL RUB SALIM, A.G, 

CURZON, 

Viceroy and Governor-General of India* 

This trealy was ratified bv the Viceroy and Governor-General of India 
in Council at Simla, on the s6th day of October, A.D., One thousand nine 
hundred and three. 

Louis W. DANE, 

Secretary to the Government of India* 
Foreign Department. 



No. LVII. 

f REATY WITH THE MUFLAHAI SECTION OF IMfi YAFFA1-AS-SAFFAL. 

The British Government and Afadpl Rahman-bin-Kass5n>as-Sakkaf, 
Sheikh of the Muflahai section of the tribe Yaffai-as-Saffal ; being desirous 
of entering into relations of peace and friendship ; 

The British Government have named and appointed Major-General 
Pelham James Maitlaud, C.B., Political Resdient at Aden, to conclude a 
treaty for this purpose. 



Part II Aden -TV Yafai No. LVII. 147 



The said Major-General Peiham James Maitland, C.B., and the Sheikh 
Abdul Rahman-bm-Kassitn-as-Sakkaf aforesaid have agreed upon and 
concluded the following articles : 

I 

There shall be peace and friendship between the British and the 
Muflahai. The subjects of the British and the tribesmen of the Muflahai 
shall each be free to enter the territories of the other; they shall not be 
molested, but shall be treated with respect at all times and in all places. 
The Sheikhs of the Muflahai shall visit Aden when f$iey please. They 
shall be treated with respect and be given passes to carry arms. 

II 

In compliance with the wish of the aforesaid Abdul Rahman-bin- 
Kassim-as-Sakkaf, Sheikh of the Muflahai, the British Government hereby 
undertakes to extend to the territory of the Muflahai and its dependencies 
being under the authority and jurisdiction of the said Sheikh, the gracious 
favour and protection of His Majesty the King-Emperor. 

Ill 

The said Sheikh Abdul Rahmati-bin-Kassim-as-Sakkaf hereby agrees 
and promises, On behalf of himself, his heirs and successors, and the whole 
of the Muflahai clan, to refrain from entering into any correspondence, 
agreement, or treaty with any foreign nation or power; and further 
promises to give immediate notice to the Resident at Ader or other British 
officer, of the attempt by any other power to interfere with the territory of 
the Muflahai and its dependencies. 

IV 

The said Sheikh Abdul Rahman-bin-Kassim-as-Sakkaf hereby binds 
himself and his heirs and successors for ever that they will not cede, sell, 
mortgage, lease, hire, or give, or otherwise dispose of the territory of the 
Muflahai, or any part of the same, at any time, to ariy power other than the 
British Government, 

V 

The said Sheikh Abdul Rahman-bin-Kassim-as-Sakkaf further promises 
on behalf of himself, his heirs and successors, and his tribesmen that they 
will keep open the reads in the country of the Muflahai, and that they will 
protect all persons who may be going in the direction of Aden for the 
purpose of trade or returning therefrom, In consideration thereof the 
British Government agrees to pay to the said Sheikh and to his successors 
a monthly sum of forty (40) dollars, the half of which is twenty dollars, 

VOL. XHI * L 2 



Adear-Tkt Wai No. LVIII. Part II 



VI 

The above treaty shall have effect from this date. In witness thereof the 
undersigned have affixed their signatures or seals at Dthala, this Twenty- 
seventh day of August One thousand nine hundred and three. 

P. J. MAITLAND, Major-General, 
Resident at Aden. 
Witnesses 

G. WARNEFORD, Captain^ 

Assistant Political Resident at Aden. 

SYED HAMOOD-BIN-HASON, 

Clerk. 
Witnesses ABDUL RAHMAN-BIN-KASSIM, al Muflahai. 

SALEH-BIN-KASSIM-AS-SAKKAF, al Muflahai. 

NASHIR HUSEN, al Muflahai* 

CURZON, 

Viceroy and Governor-General of India. 

This treaty was ratified by the Viceroy and Governor-General of India 
in Council at Simla, on the 26th day of October, A.D., one thousand nine 
hundred and three. 

Louis W. DANE, 

Secretary to the Government of India> 
Foreign Department,, 

No. LVIII. 

TREATY WITH SULTAN KAHTAN-BIN-OMER HAR-HARA OF YAFFAI-AS- 
SUFAL. 

The British Government and Sultan Kahtan-bin-Omer Har-Hara 
Sultan of Yaffai-as-Sufal, being desirous of entering into relations of peace 
and friendship ; 

The British Government have named and appointed Major-General 
Pelham James Maitland, C.B.. Political Resident at Aden, to conclude a 
treaty for this purpose. 

The said Major-General Pjlaam James Maitland. C.B., and the Sultan 
Kahtan-bin-Omer Har-Harz of the Yaffai-as-Sufal aforesaid have agreed 
upon and concluded the following Articles: 

There shall be peace and friendship between the British and the 
tribesmen of Yaffai-as-Sufal. The subjects of the British and the tribesmen 
of the Yaffai-as-Sufal under the authority of the said Sultan shall each be 
free to enter the territories of the other , they shall not be molested, but 
shall be treated with respect at all times and in all places. The Sultan of 
the Yaffai-as-Sufal and his successors shall visit Aden when they please. 
They shall be treated with respect and be given passes to carry arms. 



Part II Aden-7%* r/w-Na LVIIL 149 



II 

In compliance with the wish of the aforesaid Sultan Kahtan-bin-Omer 
Har-Hara, Sultan of the Yaffai-as-Sufal, the British Government hereby 
undertakes to extend to the territory of the Sultan of Yaffai-as-Sufal and its 
dependencies, being under the authority and jurisdiction of the said Sultan, 
the gracious favour and protection of His Majesty the King-Emperor, 

III 

The said Sultan Kahtan-bin-Omer Har-Hara hereby agrees and 
promises, on behalf of himself, his heirs and successors, and the tribesmen of 
the Yaffai-as-Sufal under his authority to refrain from entering into any 
correspondence, agreement, or treaty with any foreign nation or power ; and, 
further, promises to give immediate notice to the Resident at Aden or other 
British officer of the attempt by; any other Power to interfere with the 
territory of the Yaffai-as-Sufal and its dependencies. 

IV 

The said Sultan Kahtan-bin-Omer Har-Hara hereby binds himself, 
and his heirs and successors for ever that they will not cede, sell, mortgage, 
lease, hire or give, or otherwise dispose of the territory of the Yaffai-as- 
Sufal, being under his authority and jurisdiction or any part of the same 
at any time, to any Power other than the British Government. 

V 

The said Sultan Kahtan-bin-Omer Har-Hara further promises, on 
behalf of himself, his heirs and successors, and his tribesmen and dependents, 
that they will keep open the roads in the country of the Yaffai-as-Sufal, and 
that they will protect all persons who may be going in the direction ^ cf 
Aden for the purpose of trade, or returning therefrom. In consideration 
thereof the British Government agrees to pay to the said Sultan and to his 
successor, or successors, a monthly sum of fifty (50) dollars, the half of 
which is twenty-five dollars. 

J VI 

The above treaty shall have effect from this date. In witness 
thereof the undersigned have affixed their signatures or seals at Dthala, 
this twenty-first day of October, one thousand nine hundred and three. 

P. J. MAITLAND, Miior-General, 

Witnesses Political Resident at Aden. 

G. WARNEFORD, Captain^ 

Assistant Political Resident. 
SAIYID HAMOOD-BIN-HASON, Clerk. 

[Seal] 
Witnesses SULTAN KAHTAN-BIN-OMER HAR-HARA 

(Signatures in vernacular.} 
SULTAN MUHAMMAD-BIN-MANASSAR HAR-HARA, 
SHEIKH ABDUL RAHMAN AL MUFLAHAL 

CURZON, 
Viceroy and Governor-General of India* 



150 Aden The Yafai-No. LIX. Part II 

This treaty was ratified by the Viceroy and Governor-General of India 
in Council at Fort William on the 3ist day of December, A.D,, one thousand 
nine hundred and three. 

LOUIS W. DANE, 

Secretary to the Government of 'India, 
Foreign Department. 



No. UK. 
TREATY WITH THE HADTHRAMI SECTION OF THE YAFFAI-AS-SAFFAL. 

The British Government and Mohsen-bin-Mohsen-bin Ghalib, Sheikh of 
the Hadthrami section of the tribe Yaffai-as-Saffal, being desirous of entering 
into relations of peace and friendship ; 

The British Government have named and appointed Major-General 
Pelham James Ivlaitland, C.B., Political Resident at Aden, to conclude a 
treaty for this purpose. 

The said Major-General Pelham James Maitland, C.B., and the Sheikh 
Mohsen^bin-Mohsen-oin-Ghalibj the Hadthrami aforesaid, have agreed upon 
and concluded the following Articles: 



There shall be peace and friendship between the British and the 
Hadthrami, The subjects of the British and the tribesmen of the Hadthrami 
shall each be free to enter the territories of the other ; they shall not be 
molested, but shall be treated with respect at all times and in all places. 
The Sheikhs of the Hadthrami shall visit Aden when they please. They 
shall be treated with respect and be given passes to carry arms. 

II 

In compliance with the wish of the aforesaid Mohsen-bin-Mohsen-bin- 
Ghalib, Sheikh of the Hadthrami, the British Government hereby under- 
takes to extend to the territory of the Hadthrami and its dependencies, 
being tinder the authority and jurisdiction of the said Sheikh, the gracious 
favour and protection of His Majesty the King-Emperor. 

Ill 

The said Sheikh Mohsen-bin-Mphsen-bin-Ghalib hereby agrees and 
promises on behalf of himselt, his heirs and successors, and the whole of 
the Hadthrami clan to refrain from entering into any correspondence, agree* 
ixient, or treaty with any foreign nation of Power ; and further promises to 
give immediate notice to the Resident at Aden, or other British officer, of 



Part II Aden The YafaiJ&o. LIX. 151 

the attempt by any other Power to interfere with the territory of the 
Hadthrami and its dependencies. 

IV 

The said Sheikh Mohsen-bin-Mohsen-bin-Ghalib hereby binds himself 
and his heirs and successors for ever that they will not cede, sell, mortgage, 
lease, hire, or give or otherwise dispose of, the territory of the Hadthrami, 
or any part of the same, at any time, to any Power other than the British 
Government. 

V 

The said Sheikh Mohsen-bin-Mohsen-bin-Ghalib further promises on 
behalf of himself, his heirs and successors, and his tribesmen, that they will 
keep open the roads in the country of the Hadthrami, and that they will 
protect all persons who may be going in the direction of Aden for the 
purpose of trade, or returning therefrom. In consideration thereof the 
British Government agrees to pay to the saicj Sheikh and to his successor, 
or successors, a yearly sum of one hundred and twenty (120) dollars, the 
half of which is sixty dollars. 

VI 

The above treaty shall have effect from this date. In witness thereof 
the undersigned have affixed their signatures or seals at Dthala this 
twenty-sixth day of September, one thousand nine hundred and three. 

P. J. MAITLAND,, Major-General^ [Signature in vernacular.] 

Resident at Aden. MQHSEN-BIN-MOHSEN-GHALIB- 

AL-HADTfJRAMI. 
Witnesses 

G. WARNEFORD, Captain, SALEH [his mark] AHMED. 

Assistant Resident. 

HAMOQD*BW-SYED HASON, 
Clerk* 

CURZON, 
Vi&roy und Governor-General of India. 

This treaty was ratified by the Viceroy and Governor-General of Indij 
in Council at Fort William, on the sist day of December, A.D., one thousanc 
nine hundred and three. 

LOUIS W. DANE, 

Secreiary to t&e Government of Indi& 9 
Foreign Department* 



Aden The Hafai No. LX. Part II 



No. LX. 

TREATY WITH THE SHAIBI TRIBE OF YAFFAI-AS-SUFAL. 

The British Government and Ali-bin-Mane the Sakladi Sheikh of the 
Shaibi tribe, being desirous of entering into relations of peace and friend- 
ship ; 

The British Government have named and appointed Major-General 
Pelham James Maitland, C.B., Political Resident at Aden, to conclude a 
treaty for this purpose. 

The said Major General Pelham James Maitland, C.B., and the Sheikh 
Ali-bin-Mane the Sakladi aforesaid, have agreed upon and concluded the 
following Articles : 

I 

There shall be peace and friendship between the British and the Shaibi. 
The subjects of the British and the tribesmen of the Shaibi shall each be 
free to enter the territories of the other ; the^ shall not be molested, but 
shall be treated with respect at all times and in all places. The Sheikhs of 
the Shaibi shall visit Aden when they please. They shall be treated with 
respect and be given passes to carry arms. 

II 

In compliance with the wish of the aforesaid Ali-bin-Mane the Sakladi 
Sheikh of the Shaibi, the British Government hereby undertakes to extend 
to the territory of the Shaibi and its dependencies, being under the authority 
and jurisdiction of the said Sheikh, the gracious favour and protection 
of His Majesty the King-Emperor. 

Ill 

The said Sheikh Ali-bin-Mane the Sakladi hereby agrees and promises 
on behalf of himself, his heirs and successors, and the whole of the Shaibi 
tribe to refrain from entering into any correspondence, agreement, or treaty 
with any foreign nation or Power; and further promises to give immediate 
notice to the Resident at Aden, or other British officer, of the attempt by 
any othejr Power to interfere with the territory of the Shaibi and its 
dependencies. 

IV 

The said Sheikh Ali-bin-Mane the Sakladi hereby Dmds himself and 
his heirs and successors for ever that they will not cede, sell, mortgage, 
lease, hire, or give, or otherwise dispose of, the territory of the Shaibi, or 
any part of the same, at any time, to any Power other than the British 
Government. 



part H Aden-7%* Yafai~TXo. LX. 



153 



^ said Sheikh Ali-bin-Mane the Sakladi further promises on behalf 
of himself, his heirs and successors, and his tribesmen, that they will keep 
open the roads in the country of the Shaibi, and that they will protect all 
persons who may be going in the direction of Aden for the purpose of 
trade, or returning therefrom. In consideration thereof the British Govern- 
ment agrees to pay to the said Sheikh and to his successor, or successors, 
a monthly sum of ten (10) dollars, the half of which is five dollars* 



VI 

The above treaty shall have effect from this date. In witness thereof, 
the undersigned have affixed their signatures or seals at Suleik, this fifth 
day of December, one thousand nine hundred and three. 

Signed by me at Aden, this fourteenth 
day of December, one thousand nine 
hundred and three. [Signature in vernacular.] 

P. J. MAITLAND, Major-Genera^ SHEIKH ALI MANE THE SAKLADI. 
Political Resident at Aden. 

Witnesses 

< " H. M. ABUD, Lieut.-Col., SHEIKH MOHSW MANE THE SAKLADI. 
Political Agent and First Assistant Resident. 

E. O'BRIEN, Captain^ A. SABIB, 

Assistant Resident. Clerk to Political Officer. 

(Sd.) CURZON, 
Viceroy and Governor-General of India. 

This treaty was ratified by the Viceroy and Governor-General of India 
in Council at Fort William on the 5th day of February, A. D., one thousand 
nine hundred and four. 

(Sd.) LOUIS W. DANE, 

Secretary to the Government of India, 

Foreign Department. 



154 Aden-TV** Yafai and the ffavskatf Nos. LXI and LXII. Part II 

No. LXI. 

AGREEMENT BETWEEN THE RESIDENT AT ADEN AND THE 

SHEJfCH MUTAHIR ALI OF ARDAF IN SAHIB, REGARDING 
THE CARE OF THE BOUNDARY PILLARS. 
The Resident will pay always to the Sheikh Mutahir Ali from the 
kindness of Government the sum of dollars seven per mensem in token^of 
the friendship and assistance rendered by the said Sheikh to the British 
Government, and particularly to the Aden Boundary Commission. The 
said Sheikh agrees to always remain in friendship and obedience to the 
British Government and in assistance to its officers and also that he will 
preserve and guard the boundary pillars that have been put up on the 
frontier of the said Sheikh's country and when they are damaged or broken 
that he will repair them. 

Signed at Dthala the twenty-fourth day of October 1903, corres- 
ponding to 3rd day of Shaban 1321 H. 

G. WARNEFORD; Captain, 
Political Officer, on behalf of the Political 

Resident, Aden. 
Witness 
SAIYD HAMUD-BIN-HASAU. 

MUSAID BIN MUTAHIR, 
on behalf of Sheikh Mutahir Ali. 

NO. LXII. 

TRANSLATION of a BOND entered into by SULTAN MANA BIN 
SALAM, of the HOWSHABEE, and his son SALAM BIN 
MANA, of the HOWSHABEE 1839. 

Sultan Mana bin Salam, of the Howshabee, and his son Salam bin 
Mana, of the Howshabee, declare of their own accord that they enter into 
an agreement with all those under them, belonging to Howshabee, their 
clans, and all those dependent upon them, the Chief of Haroor-ool-Awajeer, 
and the whole Howshabee, as before arranged with Commander Haines, 
Governor of Aden, who sincerely agrees to pay the allowances received by 
them from Sultan Muhsin Fadhl Abdalee. What has been arranged between 
them (Commander Haines and the Sultan) is that whatever belongs to the 
Sultans of Abdalee, former and succeeding, and to those of the Howshabee, 
former and succeeding, shall be theirs respectively. 

The Abdalee shall be responsible, as is agreed upon, for all outrages 
committed in Lahej, its neighbourhood, or within its limits, or in Aden, its 
roads, or within its boundaries, and Mana bin Salam for those perpetrated 
bytbe Howshabee, their clans, or those subject to them. Incase Mana 
render any assistance to any other Sultan or tribe, this Bond is to be 
considered null and void. Our (Sultan Mana' s) hand is the same as that 
of Sultan Muhsin Fadhl, and our friend is identical with Sultan Muhsin. In 
the event of any ^plunder by any of the above tribes on the roads or in 
Lahej, the Bond which we have shall be considered null until we make 



Part 1 1 Aden - ffausto * No. LXI II. 155 

restitution of whatever may be carried away. Should any one commit an 
assault or murder in Lahej or Aden, or on the roads, and should such 
person be proved to be one of the Howshabee or of their clans, he shall 
be seized and considered an offender. This Bond is binding and lasting. 
We shall receive our allowance from Government every six months or 
a part, if necessary, after two months. This is to commence from the 
month of Zilkad, Hegira 1254 (January-February 1839). The above people 
shall receive the allowance fixed for them through us or the Sultan (Muhsin) 
or his children. These are the stipulations agreed upon by Sultan Mana 
bin Salam and Salam bin Mana, and which are mediated by Abee Muhsin 
bin Wugees bin Kassim Suflfeean, who is Vakeel of the Howshabee. 
These points are agreed to on Friday, the 2nd Rubee-oos-Sanee, Hegira 
1255 (i4th June 1839). The allowance fixed for the Howshabee is 628 
Cooroosh Fransa per annum, half of which is 314 Cooroosh. 

"Witnesses ; 
MAHOMED HOUSSAIN BIN WAIS BIN KASSIM SUFFEEAN JAFFER, 

Translator, 

KAZEE-ABDQOL RAZZAK BIN ALL 
Au BIN ABDOOLLAH An. 

No. LXJII. 

TREATY of FRIENDSHIP and PEACE between the ENGLISH and 
HAZZABEE TRIBE 1839. 

Bismillah Ir-Rehman Ir-Rehim Be Minnet Allah ! 

This agreement is between the Hazzabees for peace. On the part of 
Sheikh Abdoollah Hazzaab, Sheikh Hamed bin Abdoollah Hazzeeb Mukee 
Hazzabee, and Commander Haines, the English Agent, on the part of 
Government. We are now friends, and promise peace and friendship, 
great and lasting friendship, and that our hearts and wishes are one. 

Further, that there shall be peace and friendship with Aden, and that 
if any of our subjects or the subjects of Britain pass into each other's 
territory, neither party shall be insulted or injured ; we are one. If the 
subjects of either do wrong, they are to be given over for punishment by 
their own laws 

In the presence of 

(Sd.) SYUD ALOWI BIN AIDROOS ALT BIN 

Boo BEKR RASHEO ABDOOLLAH 
SHEIKH MAHOMED BIN ABDOOLLAH 

HUZZEEB MUKEE HAZZABEE. 

3 , S. B. HAINES. 
i$tk Zilkadeh, 
'$ist January 1839. 



15(5 Aden Haitskabi No. LXIV. Part II 

No. LXIV. 

ARTICLES of AGREEMENT entered into by SULTAN MOHSIN BIN 
i, THE HAUSHABI, with the SULTAN of the 'ABDALI. 



ARTICLE I. 

Mohsin bin 7 Ali, the Haushabi, al Abd Farid, and Saud ba Salim Ahl 
Yehia bind themselves that they agree and will sign conditions which the 
Resident of Aden shall require for the protection of the Haushabi country, 
and that they shall have no connection with any Foreign Power, Turkish 
or others. 

ARTICLE II. 

That Ahl Fajjar and the Haushabis shall not appoint a Sultan except 
by the advice and consent of Sultan Fadthl bin *Ali, the 'Abdali. 

* 
ARTICLE III. 

That the Haushabi taxes shall be under the supervision of Sultan 
Fadthl bin 'Ali, the 'Abdali (Sultan of Lahej), and the collection of the 
same in his country wherever he wishes in his limits. That Mohsin bin 
'Ali, the Haushabi, his relatives and those who have shares in the taxes 
keep a person they elect and trust to receive the taxes. The rates to be 
levied according to the paper (scale) given by him (Sultan Fadthl bin 
'All). 

ARTICLE IV. 

That the Haushabi Sultan shall not seize any merchant, muccadum, 
or any traveller, and he has no authority over them, nor power to inflict 
imprisonment on them, nor shall he demand advances from owners of 
loads or muccadums. 

ARTICLE V. 

The aforesaid Mohsin bin 'AH binds himself that he shall not molest 
or oppress his relatives or Ahl Yehia, but shall give them their rights. He 
shall pay every one who has claims in the taxes according to their custom 
and give maintenance to those who are entitled to it. 

ARTICLE VI. 

Sultan Fadthl bin 'AH the 'Abdali has appointed Mohsin bin 'AH 
'Manithe Haushabi Sultan over the Haushabi country, and the said Mohisn 
bin 'Ali undertakes to protect and make restitution of any property looted 
on the road leading to Lahej and -vice versa. 

ARTICLE VII, 

That Dar-al-Avad, the fields of Shaamia and Al Hur-Rakat and its 
lands and those who occupy them and their inhabitants and the country 
of Ali Amir and its population are to become the property of Sultan 
Fadthl bin 'Ali, Sultan of Lahej, together with all their boundaries as 



Part II Aden ffau$hab~- No. LXIV. 157 

compensated for his expenses, and Mohsin bin 'Ali, the Haushabi, binds 
himself not to accept any of them or to assist any of the aforesaid people 
who may rebel, and he also undertakes to Sultan Fadthl bin 'Ali to obey 
him whenever he is called to assist in punishing; any of the above- 
mentioned rebels, and he (Mohsin bin 'AH) may levy taxes on kafilas 
passing through the country of 'Ahl Ameri at the fixed custom-house of 
the Haushabi in the limits of Sultan Fadthl bin 'Ali the 'Abdali. 

ARTICLE VIII. 

That Mohsin bin 'Ali 'Mani, the Haushabi, and all his relatives, Ahl 
Fajjar and their tribes of the Haushabis, etc., are under obedience to 
Sultan Fadthl bin 'Ali Mohsin, the Abdali, and they offer to conform to 
him and to answer his summons to fight with him against any of his 
enemies. In the same way Sultan Fadthl bin J Ali undertakes to Mohsin 
bin 'Ali to aid and assist him against any enemies who wish to molest the 
Haushabi country. 

ARTICLE IX 

Whenever any murder or loot takes place between the 'Abdali and 
the Haushabi, the settlement of such is vested in Sultan Fad thl-bin 'AH 
Mohsin bin 'AH, and the elders of Ahl Fajjar. 

ARTICLE X. 

That Mohsin bin 'Ali, the Haushabi, has agreed that Sultan Fadthl 
bin 'Ali the 'Abdali receive the stipend which he gets from the British 
Government, and that he (the 'Abdali) pay it to Mohsin bin 'Ali, the 
Haushabi. Mohsin bin 'Ali undertakes for the continuation of these 
terms with good behaviour, and these conditions are concluded on the 
22nd (twenty-second) day of Al-Hijja, one thousand three hundred and 
twelve. 

i.e., MOHSIN BIN 'An 'MANI (the Haushabi Sultan). 

i.e n FADTHL BIN 'ALi (Sultan of Lahej). 

Witnesses 

*>., SHAIF BIN SAIF (Amir of ad Dhali). 

Mark x of SYED ALI HAMADI. 

(Sd). M. S. JAFFER, 

Native Assistant Resident. 

At the request of the chiefsignatories to this ---this agreement was 
read over in my presence and agreed to by both and signed. 

(Sd.) C. A. CUNINGHAM, Brigadier-General, 
The 6th August 1*95. Political Residen t. 



LXV. Part II 



No. LXV. 
PROTECTORATE TREATY HAUS HAS i. 

The Britisli Government and Mohsin bin 'AH 'Mad, the Haushabi 
Sultan of Musaimir-bm-'Ubaid, Ar-Raha and the Haushabi country with 
their dependencies, being desirous of maintaining atid strengthening the 
relations of peace and friendship existing between them. 

The British Government have named and appointed Brigadier-General 
Charles Alexander Cuningham, Political Resident at Aden, to conclude 
a treaty for this purpose. 

The said Brigadier-General Charles Alexander Cuningham and Sultan 
Mohsin bin 'AH 'Mani, the Haushabi aforesaid, have agreed upon and 
concluded the following articles r 

ARTICLE I. 

The British Government iti compliance with the wish of the under- 
signed Sultan Mohsin bitk 'Ali 'Mani, the Haushabi, hereby undertakes to 
extend to Musaimir-bin-'Ubaidj Ar*Raha and the Haushabi country with 
their dependencies, which are under his authority and jurisdiction the 
gracious favour and protection of Het Majesty the Queen-Empress. 

ARTICLE II. 

The said Sultan Mohsin bin 'AH 'Mani, the Hausliabi, agrees and 
promises on behalf of himself, his relations, heirs, successors and the 
whole tribe to refrain from entering into any correspondence, agreement, 
or treaty with any foreign nation or power, except with the knowledge 
and sanction of the British Government, and further promises to give 
immediate notice to the Resident at Aden or other British officer of the 
attempt by any other power to interfere with Musaimir-bin-'Ubazd, Ar- 
Raha and the Haushabi country and their dependencies. 

AfcTICLB. III. 

The said Sultan Mohsin bin 'Ali 'Mani, the Haushabi, hereby binds 
himself, his relations, heirs, successors and the whole tribe for ever, that 
he or they will not cede, sell, mortgage, lease, hire, or give, or otherwise 
dispose of the Haushabi territory and its dependencies, or any part of 
the same at any time to any power or persoa other than the British 
Government. 

ARTICLE IV, 
The above treaty shall have effect from this date. In witness whereof 



Part II Adea--d/0w-- No. LXVL 15$ 



the undersigned have affixed their signatures or seals at Aden this sixth 
day of August, one thousand eight hundred and ninety-five, A.D. 

(Sd.) C. A. CUNINGHAM, Brigadier General, 

Political Resident^ Aden. 
Witness 

(Sd.) W. B. FERRIS, Major, 

First Assistant^ Political Resident* 

I, FadthI bin 'AH Mohsin Fadthl al 'Abdali, Sultan of Lahej, certify 
that Mohsin bin 'Ali 'Mani, the Haushabi Sultan, enters into this treaty 
under my auspices and signs it with my full knowledge and consent. 

(Sd.) FADTHL BIN 'An MOHSIN, 

Suit an vf Lahej. 

(Sd.) ELGIN, 
Viceroy and Governor-General of India. 

This treaty was ratified by the Viceroy and Governor-General of India 
in Council at Simla on the 20th day of October, A.D., one thousand eight 
hundred and ninety-five. 

(Sd.) W.J. CUNINGHAM, 

S&ret&ry to the Government of India, 

Foreign Department. 



No. LXVL 

PROTECTORATE TREATY ALAWL 

The British Government and Shaif bin Said, the Alawi Shaikh of Al 
Kasha and the Alawi country with their dependencies, being desirous of 
maintaining and strengthening the relations of peace and friendship 
existing between them. 

The British Government have named and appointed Brigadier 
General Charles Alexander Cuningham, Political Resident at Aden, to 
conclude a treaty tor this purpose. 

The said Brigadier-General Charles Alexander Cuningham and Shaikh 
Shaif bin Said, the Alawi aforesaid, have agreed upon and concluded the 
following articles:- 



The British Government in compliance with the wish of the under- 
signed Shaikh Shaif bm Said, the Alawi, hereby undertakes to extend to 



Aden Xtew* No* LXVI. Part II 



Al Kasha and the Alawi country with their dependencies, which are under 
his authority and jurisdiction, the gracious favour and protection of Her 
Majesty the Queen-Empress. 

ARTICLE II. 

The said Shaikh Shaif bin Said, the Alawi, agrees and promises on 
behalf of himself, his relations, heirs, successors, and the whole tribe to 
refrain from entering into any correspondence, agreement or treaty, with any 
foreign nation or power, except with the knowledge and sanction of the 
British Governwent, and further promises to give immediate notice to 
the Resident at Aden or other British officer of the attempt by any other 
Power to interfere with Al Kasha and the Alawi country and their 
dependencies, 

ARTICLE III. 

The said Shaikh Shaif bin Said, the Alawi, hereby binds himself, his 
relations, heirs, successors, and the whole tribe for ever, that he or they 
will not cede, sell, mortgage, lease, hire or give or otherwise dispose of the 
Alawi territory and its dependencies or any part of the same at any 
time, to any Power, or persons other than the British Government. 

ARTICLE IV. 

The above treaty shall have effect from this date. In witness whereof 
the undersigned have affixed their signatures or seals at Aden this 
sixteenth day of July one thousand eight hundred and ninety-five, A.D. 

(Sd). C. A. CUNINGHAM, 

Brigadier-General^ 
Political Resident^ Aden* 

Witness. (Sd;) W, B. FERRIS, Major, 

First Assistant Resident. 

'(Sd.) ELGIN, 
Viceroy and Governor-General of India. 

This treaty was ratified by the Viceroy and Governor General of India 
in Council at Simla, on the 20th day of October A. D., one thousand eight 
hundred and ninety-five. 

(Sd,) W. J. CUNINGHAM, 

Secretary to the Government of India^ 

foreign Department' 



Part II Aden~2M0/z-~Nos. UCVII and LXVIII. 161 



No. LXVII. 

TRANSLATION of an AGREEMENT signed by AMIR ALI MOKBIL, 
of DTHALI (ZHALi), on the and October 1880 and ratified 
by His EXCELLENCY the VICEROY and GOVERNOR- 
GENERAL OF INDIA on the ist May 1881. 

I, Amir Ali Mokbil of Zhali, of my own free will and accord, agree and 
bind myself, my heirs and successors, to keep peace and friendship in 
perpetuity with the Great British Government, to keep all the roads leading 
through my territory to Aden safe and undisturbed, to protect the poor and 
the weak on the same, and to be answerable for an^ outrage or wrong- 
doings committed by the tribes Rudfan and Halimein and all the tribes 
subject to me. I will do all in my power to preserve safety on the road to 
iny utmost ability. In consideration of the above, a sum of $50 (fifty) to 
be paid to me by the great English Government annually, half of which, 
mz.> | 25 (twenty-five) to be paid every six months, and this payment 
to be continued from generation to generation. If I, my children, relations, 
Sheikh or elders, proceed to and from Aden, they should be respected and 
treated according to their position and dignity God is the best witness. 
Dated Aden, 2nd October 1880, corresponding to zjth Shawal 1297. 



(Sd,) ALI Seal. MOKBIL, 




(Sd.) G. L. GOODFELLOW, 

Acting Political Resident. 



No. LXVIII. 

TREATY WITH THE AMIR OF DTK ALA. 
The British Government and the Amir Shaif bin Sef bin Abdul Hadi 
bin Hasan, the ruler of D'thala, and all its dependencies, having determined 
to firmly establish the relations of peace and friendship so long existing 
between them. 

The British Government have named and appointed Major-General 
Henry Macan Mason, Political Resident at Aden, to conclude a Treaty 
for this purpose. 

VOL, XIII M 



162 



-Utfafc-Na. LXVIIL Part II 



The said Major-General Henry Macan Mason, and the Amir Shaif 
bin Sef bin Abdul Hadi bin Hasan aforesaid, have agreed upon and 
concluded the following Articles : 

I. 

There shall be peace and friendship between the British Government 
and all the tribesmen, subjects and dependents of the Amir of D'thala. 
The subjects of the British, and the people of D'thala and its dependencies, 
shall be free to eoter the territories of the other ; they shall not be molest- 
ed, but shall be treated with respect at all times and at all places. The 
said Amir of D'thala and other notable persons shall visit Aden when 
they please. They shall be treated with respect and be given passes to 
carry arms, 

ii. 

In compliance with the wish of the aforesaid Amir Shaif bin Sef bin 
Abdul Hadi bin Hasan, the British Government hereby undertake to 
extend to the territory of D'thala a,nd all its dependencies the gracious 
favour and protection of His Majesty the King-Emperor, 

HI. 

The said Amir Shif bin Sef bin Abdul Hadi bin Hasan hereby agrees, 
and promises on behalf of himself, his heirs and successors, and the whole 
of the tribesmen, subjects and dependents, under his jurisdiction, to refrain 
from entering into any correspondence, agreement or treaty with any 
foreign nation or Power ; and further promises to give immediate notice 
to the Resident at Aden, or other British officer, of any attempt, by any 
other power, to interfere with the territory of D'thala or any of* its depen- 
dencies. 

IV. 

The said Amir Shaif bin Sef bin Abdul Hadi bin Hasan hereby binds; 
himself, and his heirs and successors, for ever, that they will not cede, sell, 
mortgage, lease, hire, or give, or otherwise dispose of, the territory of 
D'thala, and its dependencies, or any other part of the same, at any time 
to any power other than the British Government 

V. 

The said Amir Shaif bin Se{ bin, Abdul Hadi bin Hasan further 
promises on behalf of himself, his heirs and successors, and all his tribes- 
men, subjects and dependents, that he will keep open the roads in the 
territory of D'thala, and its dependencies, and that they will protect all 
persons who may be going in the direction pf Aden for the purppses p,f 
trade, or returning therefrom, 



Part II AdenJWAflfc No. LXVIII. 163 



VI. 

The said Amir Shaif bin Sef bin Abdul Hadi bin Hasan also engages 
on behalf of himself, his heirs and successors, and all his tribesmen, 
subjects and dependents to maintain the boundary which has been demar- 
cated by the joint British and Turkish Commission, and to protect the 
boundary pillars. 

VII. 

Further the said Amir Shaif bin Sef bin Abdul Hadi bin Hasan under- 
takes, on behalf of himself, his heirs and successors, to maintain order 
within the boundary of the territories of D'thala amd its dependencies,^ and 
to restrain his tribesmen, subjects and dependents from creating distur- 
bances either in his own territory, or in the country beyond the boundary 
line, and from interfering with the tribes who are subjects of the Turkish 
Government. 

VIII. 

In consideration of these undertakings and engagements the British 
Government agree to pay to the said Amir Shaif bin Sef bin Abdul Hadi 
bin Hasan, and to his successor, or successors, a monthly sum of one 
hundred (100) dollars, the half of which is fifty (50) dollars. 

IX. 

To assist him in carrying out the obligations imposed by this Treaty 
the said Amir, on behalf of himself and his successors, engages to maintain 
a force of 50 men, or such less number as the Resident may agree^to. So 
long as this force is maintained in a state of efficiency to the satisfaction 
of the Resident, the British Government agree to pay to the said Amir 
Shaif bin Sef bin Abdul Hadi bin Hasan, and to his successor or successors, 
a monthly sum of one hundred (100) dollars, the half of which is fifty (50) 
dollars, this subsidy to be IF addition to that mentioned in Article VIII. 

X. 

The above Treaty shall have effect from this date. In witness thereof 
the undersigned have affixed their signatures or seals at Aden this twenty- 
eighth day of November one thousand nine hundred and four. 

H. M. MASON, Major-General, 

Resident in Aden. 
Witnesses : 
J. DAVIS, Litut.-Colontl, 

First Assistant Resident in Aden. 

ALI JAFFAR, 
' Head Interpreter. 



Viceroy and Governor-General of India. 



VOL. Xin M 2 



Mtn-The Wahidi No. LXIX. Part II 



This Treaty was ratified by the Viceroy and Governor- General of India 
Jn Council at Fort William on the 8th day of February A.D., one thousand 

nine hundred and five. 

S. M. FRASER, 

Officiating Secretary to the Government 

of India in the Foreign Department. 



No. LXIX. 

PROTECTOEATE TREATY with the WAHIDI SULTAN of BIR 

ALi~i888. 

The British Government and Mohsin bin Saleh bin Mohsin, Saleh 
bin Ahmed bin Saleh, Abdalla bin Ahmed bin Saleh, Nasir bin Husain bin 
Mohsin, Bubakr bin Husain bia Mohsin, Saleh bin Abdalla bin Saleh bin 
Mohsin, AH bin Abdalla bin Saleh bin Mohsin, and Nasir bin Talib bin 
Hadi, Sultans of the Wahidi tribe, being desirous of maintaining and 
strengthening the relations of peace and friendship existing between 
them: 

The British Government have named and appointed Brigadier- 
General Adam George Forbes Hogg, C,B., Political Resident at Aden, to 
conclude a treaty for this purpose. 

The said Brigadier-General Adam George Forbes Hogg, C.B., and 
Molisin bin Saleh bin Mohsin, Saleh bin Ahmed bin Saleh, Abdalla bin 
Ahmed bin Saleh, Nasir bin Husain bin Mohsin, Bubakr bin Husain bin 
Mohsin, Saleh bin Abdalla bin Saleh bin Mohsin, Ali bin Abdalla bin Saleh 
bin Moshin, and Nasir bm Talib bin Hadi, aforesaid, have agreed upon 
and concluded the following articles : 

* 
ARTICLE i. 

The British Government, in compliance with the wish of the under- 
signed, Mohsin bin Saleh bin Mohsin, Saleh bin Ahmed bin Saleh, Abdalla 
bin Amed bin Saleh, Nasir bin Husain bin Mohsin, Bubakr bin Hosain bin 
'Mohsin, Saleh bin Abdalla bin Saleh bin Mohsin, Ali bin Abdalla bin Saleh 
bin Mohsin, and Nasir bin Talib bin Hadi, Sultans of the Wahidi tribe, here- 
by undertakes to extend to Bir Ali and its dependencies, which are under 
their authority and jurisdiction, the gracious favour and protection of Her 
Majebty the Queen-Empress. 

ARTICLE 2. 

The said Mohsin bin Saleh bin Mohsin, Saleh bin Ahmed bin Saleh, 
Abdalla bin Ahmed bin Saleh, Nasir bin Husain bin Mobsin Bobakr bin 



Part II Aden The Wa&idiVlQ. LXIX. 165 

Husain bin Mohsin, Saleh bin Abdalla bin Saleh bin Mohsin, AH bin Abdalla 
bin Saleh bin Mohsin, and Nasir bin Talif bin Hadi, agree'and promise on 
behalf of themselves and their heirs and successors to refrain from entering 
into any correspondence, agreement, or treaty with any foreign nation or 
power, except with the knowledge and sanction of the British Government ; 
and further promise to give immediate notice to the Resident at Aden, or 
other British officer, of the attempt by any other power to interfere with 
Bir AH and its dependencies. 

ARTICLE 3. 

The above Treaty shall have effect from this date. In witness 
whereof the undersigned have affixed their signatures or seals at Bir Ali 
this thirtieth day of April one thousand eight hundred and eighty-eight. 

(Sd) A. G. F. HQGG,BrigadterGenerat, 

Political Resident^ Aden. 
Witness : 

C. E. GiSSlNG, Commander, R.N., 

Her Majesty's IC Osprey. ' 

(Sd.) MOHSIN BIN SALBH. 

SALBH BIN AHMED. 

ABDALLA BIN AHMED. 

NASIR BIN HUSAIN. 

MARK OP BUBAKR HUSAIN. 

(3d.) SALBH BIN ABDALLA. 
ALI BIN ABDALLA. 
NASIR BIN TALIB. 

Witness : 

M. S. JAFFER, 

Native Assistant Resident ,Aden. 

(3d.) LANSDOWNE, 
Viceroy and Governor ^General of India* 

This Treaty was ratifed by the Viceroy and Governor-General of India 
in Council at Fort William on the 26th day of February A.D. one thousand 
eight hundred and ninety. 

(Sd.) W. J. CUWNGHAM, 

Offg. Secy, to the Govt. of India, 



166 Aden The Wahtdttto. LXX. Part II 



No. LXX. 

PROTECTORATE TREATY with the WAHIDI SULTAN of BALA- 

HAF 1888, 

The British Government and Hadi bin Saleh bin Nasir bin Abdalla bin 
A'hmed bin Hadi, on behalf of himself and his brothers Nasir bin Saleh 
Ahmed bin Saleh Mohsin bin Saleh, Husain bin Saleh, and Hason bin 
Saleh , and Saleh bin Abdalla bin Ahmed bin Nasir bin Abdalla bin Ahmed 
bin Had on behalf of himsslf and his brothers Ahmed bin Ali and Bubakr 
bin Nasir, Chiefs of the Wahidi tribe, being desirous of maintaining and 
strengthening the relations of peace and friendship existing between them: 

The British Government have named and appointed Brigadier- 
General Adam George Forbes Hogg, C.B., Political Resident at Aden, to 
conclude a treaty for this purpose. 

The said Brigadier-General Adam George Forbes Hogg, C B , and 
Hadi bin Saleh bin "Nasir bin Abdalla bin Ahmed bin Hadi, on behalf of 
himself and his brothers Nasir bin Saleh, Ahmed bin Saleh, Mohsin bin 
Saleh, Husain bin Saleh and Hason bin Saleh ; and Saleh bin Abdalla bin 
Ahmed bin Nasir bin Abdalla bin Ahmed bin Nasir bin Abdalla bin Ahmed 
bin Hadi on behalf of himself and his brothers Ahmed bin Ali and Bubakr 
bin Nasir, aforesaid, have agreed upon and concluded the following 
Articles : 

ARTICLE i. 

The British Government, in compliance with the wish of the under- 
signed, Hadi bin Saleh bin Nasir bin Abdalla bin Ahmed bin Hadi, on 
behalf of himself and his brothers Nasir Bin Saleh, Ahmed bin Saleh, 
Mohsin bin Saleh, Husain bin Saleh, and Hason bin Saleh, and Saleh bin 
Abdalla bin Ahmed bin Nasir bin Abdalla bin Ahmed bin Hadi on behalf 
of himself and his brothers Ahmed bin Ali and Bubakr bin Nasir, Chiefs of 
the Wahidi, hereby undertakes to extend to Balahaf and its dependencies, 
which are under their authority and jurisdiction; the gracious favour and 
protection of Her Majesty the Queen-Empress. 

ARTICLE 2. 

The said Hadi bin Saleh bin Nasir bin Abdalla bin Ahmed bin Hadi on 
behalf of himself and his brothers Nasir bin Saleh, Ahmed bin Saleh, 
Mohsin bin Saleh, Husain bin Saleh, and Hason bin Saleh, and Saleh bin 
Abdalla bin Ahmed bin Nasir bin Abdalla. bin Ahmed bin Hadi on behalf of 
himself and his brothers Ahmed bin Ali and Bubakr bin Nasir, agree and 
promise, on behalf of themselves, their heirs and successors, to refrain from 
entering into any correspondence, agreement, or treaty with any foreign 
nation or power except with the knowledge an,d sanction of the British 
Government ; and further promise to give immediate notice to the Resident 



II 



Part II 



Aden Th* Wahidi No. LXXL 



n; 






at Aden, or other British officer, of the attempt by any other 

interfere with Balahaf and its dependencies. 

f 

ARTICLE 3. 

The above Treaty shall have effect from this date. In witness wl 
the undersigned have affixed their signatures or seals at Bunder Bs 
this thirtieth day of April one thousand eight hundred and eighty-eigh 

(Sd) A. G. F, HOGG, Brigadier-General 
Political Resident^ * 
WITNESS : 

C. E. GiSSWG, Commander, R.N., 

Her Majesty's " Ospreyl' 

(Sd.) HADI BIN SALEH 

, 5 SALEH BIN ABDI 
WITNESS : 

(Sd.) M. S. JAFFER, 
Native Assistant Resident, * 

(Sd.) LANSDOWNE, 
Viceroy and Governor-General of India. 

This Treaty was ratified by the Viceroy and Governor-Gene 
India in Council at Fort William on the 26th day of February A.D, 
thousand eight hundred and ninety. 

(Sd,) W. J. CUNINGHAM, 


Officiating Secretary to the Government of India 

Fioreigh Depart 



No. LXXL 
PROTECTORATE TREATY WAHIDI (BALAHAF). 

The British Government and 

(1) Sileh bin 'Abdalla bin Ahmed bin Nsir bin 'Abdalla bin / 

bin HMdl, 

(2) His cousin Ahmed bin 'AH, 

(3) His nephew Bubakr bin Ndsir, 



i6S 



Aden- \Valndi-~ No. LXXI. Part II 



(4) Ahmed bin S^Ieh bin Ndsir bin 'Abdalla bin Ahmed bin Hddf, 

on behalf of himself and his brother Ndsir bin Sleh, and 

(5) Husain bin Sleh bin Ndsir bin 'Abdalla bin Ahmed bin Hdf, 

chiefs of the Wahidi tribe, being desirous of maintaining and 
strengthening the relations of peace and friendship existing 
between them, 

The British Government have named and appointed Brigadier-General 
John Jopp, C.B., A.D.C., Political Resident at Aden, to conclude a treaty 
for this purpose. 

The said Brigadier-General John Jopp, C.B., A.D.C., and Sdleh bin 
'Abdalla bin Ahmed bin N2sir bin 'Abdalla bin Ahmed bin H2di, his cousin 
Ahmed bin 'Ali, his nephew Bubakr bin Ndsir, Ahmed bin S3Ieh bin Ndsir 
bin s Abdalla bin Ahmed bin Hdi, on behalf of himself and his brother 
Nasir bin Saleh, and Husain bin Sdleh bin Nsir bin 'Abdalla bin Ahmed 
bin Hddi aforesaid, have agreed upon and concluded the following 
articles : 

ARTICLE I. 

The British Government in compliance with the wish of the under- 
signed SAIeh bin 'Abdalla bin Ahmed bin Nasir bin 'Abdalla bin Ahmed 
bin Hddi, his cousin Ahmed Jim 'Ali, his nephew Bubakr bin Nasir, Ahmed 
bin Saleh bin Nisir bin 'Abdalla bin Ahmed bin Hddi, on behalf of himself 
and his brother Ndsir bin Sdleh, and Husain bin Saleh bin Nsir bin 
'Abdalla bin Ahmed bin Hdi, chiefs of the Wahidi, hereby undertakes to 
extend to Bdlahlf and its dependencies which are under their authority and 
jurisdiction the gracious favour and protection of Her Majesty the Queen- 
Empress. 

ARTICLE II. 

The said Sdleh bin 'Abdalla bin Ahmed bin Nsir bin 'Abdalla bin 
Ahmed bin Hddi, his cousin, Ahmed bin 'Ali, his nephew Bubakr bin Netsir, 
Ahmed bin Sdleh bin Nsir bin 'Abdalla bin Ahmed bin Hddi, on behalf of 
himself and his brother NeLsir bin Sileh, and Husain bin Sleh bin Ncisir 
bin 'Abdalla bin Ahmed bin Hadi, agree and promise on behalf of them- 
selves, their relations, heirs, successors and the whole tribe to refrain from 
entering into any correspondence, agreement or treaty with any foreign 
nation, power or person except with the knowledge and sanction of the 
British Government, and further promise to give immediate notice to the 
Resident at Aden or other British officer of the attempt by any other powtr 
to interfere with Blahaf and its dependencies. 

ARTICLE III. 

The aforesaid chiefa of the Wahidi bind themselves, their relations, 
heirs, successors and the whole tribe for ever that they will not cede, sell, 
mortgage, lease, hire r or give or otherwise dispose of the territory of 
Balahf and its dependencies or any part of the same at any time to any 
foreign power or person other than the British Government. 



Part II AdenH^z^'-No. LXXI. 169 

ARTICLE IV. 

The above treaty shall have effect from this date. In witness whereof 
the undersigned have affixed their signatures or seals at Aden, this 
fifteenth day of March one thousand eight hundred and ninety-five. 

JOHN JOPP, Brigadier-Genera^ 

Political Resident, Aden. 

WITNESS : 

C. W. H. SEALY, Lieutenant-Colonel, 

First Assistant Political Resident, Aden. 
z. *., SULTAN SALEH BIN 'ABDALLA. 
*. e. t AHMED BIN SALEH. 
2. *., AHMED BIN 'ALL 
z. c., BUBAKR BIN NASIR 
*. <?., HUSAIN BIN SALEH. 

WITNESSES : 

2. e., SYED 'UMAR BIN MOHAMMED MOHDTHAR 

(Mansab of Habbdri). 

i, e. y SHAIKH MOHAMMED BIN ABD-UR-RAHMAN BA KADR, 

(Mansab of as-Sdid.) 

L e., SHAIKH MAHDI BIN 'ABDALLA BA BORAISH. 
/. e., SHAIKH 'ABDALLA BIN AHMED BA FAKIR. 

M. S. JAFFER, 
Native Assistant Resident^ Aden. 

(Sd.) ELGIN, 
* Viceroy and Governor-General of India* 

This treaty was ratified by the Viceroy and Governor-General of India 
in Council at Simla, on the loth day of June, A- D. one thousand eight 
hundred and ninety-five. 

(Sd.) W. J. CUNINGHAM, 

Secretary to the Government of Indfa t 

foreign Department* 



Ad*n Wakidi-tio. LXXIL Part It 



No. LXXII. 

PROTECTORATE TREATY WAHID! (BiR ALI). 

The British Government and Salih bin Ahmed bin Salih bin Munef ; 
his brother Abdulla bin Ahmed bin Salih bin Munef; his cousin Salih bin 
Abdulla bin Sahh bin Mohsin ; his cousin Ali bin Abdulla bin Salih bin 
Mohsin ; his cousin Bubakr bin Hussain bin Mohsin on behalf of himself 
and his two cousins, namely, Munef bin Nasir bin Husain and Nasir bin 
Nasir bin Husain; his cousin Nasir bin Mohsin bin Salih bin Mohsin on 
behalf of himself and his brothers Salih bin Mohsin and Husain bin Mohsin 
and his cousin Nasir bin Talib bin Hadi, Chiefs of the Wahidi Tribe, being 
desirous of maintaining and strengthening the relations of peace and friend- 
ship existing between them : 

The British Government have named and appointed Lieutenant- 
Colonel William Butler Ferris, Acting Political Resident at Aden, to 
conclude a treaty for this purpose 

The said Lieutenant-Colonel William Butler Ferris and Salih bin 
Ahmed bin Salim bin Munef; his brother Abdulla bin Ahmed bin Salih 
bin Munef ; his cousin Salih bin Abdulla bin Salih bin Mohsin ; his cousin 
Ali bin Abdulla bin Salih bin Mohsin ; his cousin Bubakar bin Husain bin 
Mohsin on behalf of himself and his two cousins, namely, Munef bin Nasir 
bin Husain and Nasir bin Nasir bin Husain ; his cousin Nasir bin Mohsin 
bin Salih bin Mohsin on bfhalf of himself and his brothers Salih bin Mohsin 
and Hasain bin Mohsin ; and his cousin Nasir bin Talib bin Hadi aforesaid, 
have agreed upon and concluded the following articles I- 
ARTICLE I. 

The British Government, in compliance with the wish of the under- 
signed Salih bin Ahmed bin Salih bin Munef ; his brother Abdulla bin 
Ahmed bin Salih bin Munef; his cousin Salih bin Abdulla bin Salih bin 
Mohsin; -his cousin AH bin Abdulla bin Salih bin Mohsin; his cousin 
Bubakar bin Husain bin Mohsin on behalf of himself and his two cousins, 
namely, Munef bin Nasir bin Husain and Nasir bin Nasir bin Husain ; his 
cousin Nasir bin Mohsin bin Salih bin Mohsin on behalf of himself and his 
brothers Salih bin Mohsin and Husain bin Mohsin ; and* his cousin Nasir 
bin Talib bin Hadi, Chiefs of the Wahidi Tribe, hereby undertakes to 
extend tc Bir Ali and its dependencies which are under their authority and 
v jurisdiction the gracious favour and protection of Her Majesty the Queen- 
' Empress. 

ARTICLE II. 

The said Salih bin Ahmed bin Salih bin Munef 5 his brother Abdulla 
bin Ahmed bin Salih bin Munef; his cousm Salih bin Abdulla bin Salih bin 
Mohsin; his cousin Ali bin Abdulla bin Salih bin Mohsm ; his cousin 
Bubakar bin Husain bin Mohsin on behalf of himself and his two cousins, 



Part II Aden Wakidt- No. LXXII. 



namely, Munef bin Nasir bin Husain and Nasir bin Nasir bin Husain ; his 
cousin Nasir bin Mohsin bin Salih bin Husain on behalf of himself and his 
brothers Salih bin Mohsin and Husain bin Mohsin; and his cousin Nasir 
bin Talib bin Hadi agree and promise on behalf of themselves, their 
relations, heirs, successors and the whole tribe ta refrain from entering 
into any correspondence, agreement or treaty with any foreign nation, 
power/or person, except with the knowledge and sanction of the British 
Government, and further promise to give immediate notice to the Resident 
at Aden or other British officer ot the attempt by any other JPower to 
interfere with Bir Ali and its dependencies. 



ARTICLE HI. 

The aforesaid Chiefs of the Wahidi bind themselves, their relations, 
heirs, successors, and the whole tribe for ever, that they will not cede, sell, 
mortgage, lease, hire, or give, or otherwise dispose, of the territory c: Bir 
Ali and its dependencies or any part of the same at any time to any Foreign 
Power or person other than the British Government. 



ARTICLE IV. 

The above Treaty shall have effect from this date. 

In witness whereof the undersigned have affixed their signatures or 
seals at Aden this first day of June one thousand eight hundred and 
ninety-six. 

(Sd.) W. B. FERRIS, Lieutenant-Colonel, 

Acting Political Resident^ 

Aden. 
WITNESS. 

(Sd.) J. A. RUSTOMJEE, 

Acting 6th Assistant Resident, 

Aden. 

(Sd.) ELGIN, 
Vicetoy and Governor-General of India. 

This treaty was ratified by the Viceroy and Governor-General of India 
in Council at Simla, on the 2gth day of July, A. D. one thousand eight 
hundred and ninety*six. 

(Sd) H. S. BARNES, 

Officiating Secretary to the Government of India > 

Foreign Department, 



Aden Shikr and MohaHaWo. LXXIII. Part II 



LXXIIL 

ENGAGEMENT entered into by the NUKEEB of MACULLA for the 
ABOLITION of the SLAVE TRADE 1863. 

In the NAME of the MOST MERCIFUL GOD, and HIM we implore ! 

The reason of writing this Bond is that, influenced by motives of 
humanity and by a desire to conform to the principles on which the great 
English Government is conducted, we lend a willing ear to the proposals 
of our sincere friend, Brigadier William Marcus Coghlan, Governor of 
Aden ; that we shall covenant with him to abolish and prohibit the export 
or import of slaves from or to any part of our territory to any other place 
in Africa or in Asia, or elsewhere. 

Therefore I, whose name and seal are set to this Bond, do in the 
sight of God and of men solemnly proclaim my determination to prohibit 
the export or import of slaves by every means in my power. I will neither 
export nor import any myself, nor will I permit any subjects to do ^so ; and 
any vessel belonging to my subjects found carrying slaves shall be seized and 
confiscated by me or by any ship belonging to Her Majesty the Queen of 
England, and the slaves shall be released. Peace ! 

This covenant is to have effect at the expiration of one year from this 
date. Peace ! 

(Sd.) SILAH MAHOMED. 
W, M. COGHLAN, 

Political Resident^ Aden. 
At Maculla, itfh May 1863. 

Witnesses : 

(Sd.) OMAR BA SAUM KAISAN. 

t 

H. RASSAM, 

Assistant Political Resident. 

Dated 2$th Zhee Alkada 7275. 

A precisely similar engagement was concluded on the same date with 
AH bin Nujee, the Nukeeb of Shehr. 

Approved and ratified by the Viceroy and Governor-General on 
June $863. 



Part II Aden Skehr and Mokatla-Nos. LXXIV and LXXV. 



NO. LXXIV. 

ENGAGEMENT entered into by the NuKEEB of MACULLA for the 
ABOLITION of the SLAVE TRADE in his DOMINIONS, signed 
at. Maculla 7th April 1873. 

Whereas under date I4th May 1863 A.D. (25th Dhil-kaada 1279 A.H.) 
a solemn Agreement was entered into by me, Silah bin Mahomed, Nukeeb 
of Maculla, with Brigadier William Marcus Coghlan, covenanting to abolish 
and prohibit the export or import of slaves from or to any part of my terri- 
tory, from or to any other place whether in Africa or in Asia or elsewhere ; 
And whereas His Excellency Sir Henry Bartle Edward Frere, G.C.SJ., 
K.C.B., Her Britannic Majesty's Special Envoy, has now impressed on me 
the advantages of adhering in perpetuity to the terms of the said Agree- 
ment: Therefore and accordingly, I, Silah bin Mahomed, Nukeeb of 
Maculla aforesaid, on behalf of myself, my heirs and successors, do hereby 
solemnly confirm, and engage to be bound by the terms of the aforesaid 
Agreement of i4th May 1863. 

Done at Maculla this seventh day of the month of April in the year of 
our Lord one thousand eight hundred and seventy-three. 

(Sd.) H. B. E. FRERE, Special Enwy 
SILAH MAHOMED. 
Witnesses : 

(Sd.) LEWIS PELLY, Colonel, 

Poltl. Resdt* in the Persian Gulf. 

(Sd,) C B. EUAN SMITH, Major, 

Private Secy, to Sir B. Frere. 



LXXV. 

ENGAGEMENT executed by the JEMADAR OF SHEHR for the 
ABOLITION of the IMPORT or EXPORT of SLAVES to and 
from the port of SHEHR and its DEPENDENCIES 1873. 

This seventeenth day of November A.D. 1873, answering to the 
twenty*sixth day of Ramadhan AH. 1290, I, Abdullah bin Omar AI 
Kayatee, Ruler of Shehr, engage with the great English Government to- 



Aden Shehr and Mokalla-No. LXXVI. Part II 



abolish and prohibit the import and export of slaves to or from the port of 
Shehr and all the dependencies thereof from or to any other place in Africa 
or Asia or elsewhere; and whereas His Excellency Sir Henry Bartle 
Edward Frere, G.C.5.I., K.C.B., Her Britannic Majesty's Special Envoy, 
has impressed upon me the advantage of adhering in perpetuity to the 
terms of the agreement entered into by Ali bin Najee, Nukeeb of Shehr, 
with Brigadier William Marcus Coghlan, on the i4th day of May A D. 
1863, answering to the twenty-fifth day of Dhil Kaada A H. 1279 thereof, 
I and my brothers, Awadh and Saleh, on behalf of ourselves, our heirs and 
successors, do hereby solemnly confirm and engage to be bound by the 
terms of that Agreement. 

(Sd.) ABDOOLA BIN OMAR AL KAYATEE.") 

Awuz BIN OMAR AL KAYATEE. > (in Arabic). 
SULTAN No OR AHMED BAHADUR. J 

(Sd.) W. F. PRIDEAUX, (Sd.) J. W. SCHNEIDER, Brigr.-GenL, 
AsstL Resident, Aden. PoltL Resident at Aden. 



(Sd.) NORTHBROOK. 



Ratified by His Excellency the Viceroy and Governor General of 
India, at Calcutta, on the eleventh day of February 1874. 

(Sd.) C. U. AiTCHiSON, 
Secy, to the Govt. of 'India, Foreign Deft* 




LXXVI. 

AGREEMENT entered into between the BRITISH GOVERNMENT, 
represented by BRIGADIER-GENERAL JAMES BLAIR, V.C., 
POLITICAL RESIDENT at ADEN, on the one part, and 
ABDALLA BIN UMAR BIN AWADTH AL-KAYTI, on behalf of 
himself and his brother Aw ADTH BIN UMAR, on the other 
part 1882. 

Whereas by means of assistance afforded to him by the British 
Government, Abdalla bin Umar bin Awadth al-Kayti and Awadth bin Umar, 



Aden S^Ar 



his brother, were enabled in the month of October one thousand eigt 
hundred and eighty-one to take possession of the ports of Burum an< 
Mokalla and of the territory occupied by the Nakib Umar bin Salah al 
Kasadi ; and whereas other favours have from time to time been showi 
them by the British Government; and whereas the British Government ha 
agreed to pay the said Abdalla bin Umar and his brother Awadth bii 
Umar, their heirs and successors, the annual sum of $360 (three hundre< 
and sixty dollars). 

ARTICLE i. 

Now these presents witness that the parties hereto mutually undertake 
and agree with each other in manner following (that is to say) :- 

The said Abdalla bin Umar bin Awadth al-Kayti binds himself and his 
brother, and his and their Keirs and successors not to sell or mortgage 01 
otherwise dispose pf his possessions of Shihr* Mokalla, Burum and the 
territories thereto appertaining on the Hadthramut Coast of Arabia, or an) 
part of such possessions and territories to any person or power other than 
the British Government, nor to pay allegiance to, or own the superiority of 
any such power without the express consent of the British Government 

ARTICLE 2. 

As the territories formerly possessed by the Nakib Omar bin Salah al 
Kasadi at Mokalla have passed into the hands of the said Abdall* bin Umai 
bin Awadth al-Kayti, and as the said Abdalla bin Umar bin Awadth al-Kayt 
has paid over $100,000 (one hundred thousand dollars) to the Britisl 
Political Resident at Aden for the maintenance of the said Nakib Umar bii 
Salah al-Kasadi, the said sum shall be expended at the discretion of the 
Resident at Aden in behalf of the said Nakib Umar bin Salah al-Kabadi. 

ARTICLE 3. 

Abdalla bin Umar bin Awadth al-Kayti, on behalf of himself and hii 
brother Awadth bin Umar and his and their heirs and successors, agrees t( 
abide by the advice, and to conform to the wishes, of the British Govern 
ment in all matters relating to his dealings with the neighbouring Chief 
and with foreign powers. 

ARTICLE 4. 

So longj as Abdalla bin Umar bin Awadth al-Kayti and his sai< 
brother, their heirs and successors, continue to fulfil the stipulations herein 
before contained, the British Government shall pay to the said Abdalla bii 
Umar and his said brother, their heirs and successors, the annual sum o 
three hundred and sixty dollars, the first of such payments to be made G] 
the first day of April next, 



i7fi 



Aden-5Mr and <J/^a// No. LXXVIJ. Part II 



Done at Mokalla this twenty-ninth day of May one thousand eight 
hundred and eighty-two, corresponding to the twelfth day of Rajab one 
thousand two hundred and ninety-nine of the Hijra. 

(Signed in Arabic.} 

ABDALLA BIN UMAR BIN AWADTH BIN ABDALLA AL-KAYTI, 

Jamadar of Mokalla and Shihr. 

(Sd.) JAMES BLAIR, 

Political Resident : , Aden. 
Witness : 

(Sd.) C. W. H. SEALY. 
Witness : 
(Sd.) SALEH MAHOMED. 




(Sd.) RIPON, 
Viceroy and Governor*General of India, 

This Agreement was ratified by His Excellency the Viceroy and 
Governor-General of India at Simla on the twenty-sixth day of July A. D. 
one thousand eight hundred and eighty-two. 

(Sd,} C. GRANT, 

Secretary to the Government of India, 

Foreign Department. 

No, LXXVII. 

PROTECTORATE TREATY with JAMADAR ABDULLA BIN UMAR 
and AWADTH BIN UMAR 1888. 

The British Government and 'Abdalla bin 'Umar bin 'Awadth al- 
Ka'yti, on behalf of himself and his brother 'Awadth bin 'Umar al-Ka'yti, 
being desirous of maintaining and strengthening the relations of peace and 
friendship existing between them 

The British Government have named and appointed Brigadier- 
General Adam George Forbes Hogg, C.B,, Political Resident at Aden 
to conclude a treaty for this purpose. 



Part II Aden Site AT and Mokalla - No. LXXVII . 1 77 

The said Brigadier-General Adam George Forbes Hogg, C.B., and 
'Abdalla bin 'Umar bin 'Awadth al-Ka'yti, on behalf of himself and hi 
brother 'Awadth bin 'Umar al-Ka'yti, aforesaid, have agreed upon and 
concluded the following Articles : 

ARTICLE i. 

The British Government, in compliance with the wish of the under- 
signed, 'Abdalla bin 'Umar bin 'Awadth al-Ka'yti on behalf of himself and 
his brother 'Awadth bin 'Umar al-Ka'yti, hereby undertakes to extend to 
Mokalla and Shihrand their dependencies, which are under their authonty 
and jurisdiction, the gracious favour and protection of Her Majesty the 
Queen-Empress. 

ARTICLE 2. 

The said 'Abdalla bin Umar bin 'Awadth al-Ka'yti agrees and promises, 
on behalf of himself and his brother 'Awadth bin 'Umar al-Ka'yti, and 
their heirs and successors, to refrain from entering into any corre- 
spondence, agreement, or treaty with any foreign nation or power, except 
with the knowledge and sanction of the British Government ; and further 
promises to give immediate notice to the Resident at Aden, or other British 
officer, of the attempt by any other power to interfere with Mokalla and 
Shihr and their dependencies. 

ARTICLE 3. 

The above Treaty shall have effect from this date. In witness whereof 
the undersigned have affixed their signatures or seals at Shihr this first day 
of May one thousand eight hundred and eighty*eight. 

(Sd.) 'ABDULLA BIN 'UMAR BIN 'AWADTH BIN 
(in Arabic.) 'ABDULLA AL-KAVn. 

(Sd.) A. G. J. HOGG, Brigadier-General^ 

Political Resident. 

Witness : 

M. S. JAFFER, 
Native Assistant Resident. 
Witness. 

C. E. GissiNG,Commandar, R. N , 

Her Majesty's " Qsfrey" 

(Sd.) LANSDOWNE, 

Viceroy and Governor-General of India. 

This Treaty was ratified by the Viceroy and Governor-Geiiefal of India 
in Council at Fort William on the 26th day of February A.D. one thousand 
eight hundred and ninety. 

(Sd.) W. J. CUNINGHAM, 

Officiating Secretary to the Go-vernment of India, 

Foreign Department. 

VOL. XIII N 



LXXVIII. 



Part II 



No. LXXVIII. 

TREATY concluded with the IMAM of SENAA on I5th January 

1821. 

In explanation of the Articles which were settled between the Umeer 
Futtuh-oola, the Agent for the Imam Mehdi, the Chief of Senaa, the City 
of Sam, and between the Agent of the English Government, Agha 
Mr. Bruce Khan, in the year 1236, and from the birth of Jesus 1821 : 



English Version. 



ARTICLE i. 

That the Resident shall have a 
guard of the same strength as is 
allowed at Bagdad, Bussorah, and 
Bustnre, of thirty men, to support 
his respectability. 

(Sd ) WM. BRUCE, 

Gout. Agent. 



ARTICLE. 2. 

That the Resident shall be 
exempt from all compliances de- 
grading to the character of the re- 
presentative of the British Govern- 
ment ; that he shall have full 
liberty to ride on horseback when 
and where he pleases ; have free 
ingress and egress to all the gates 
of Mokha, amongst others of 
Sheikh Shadelley, from which 
Europeans have hitherto been 
excluded for some years past ; and 
shall havsPall the same liberty and 
freedom they have at Bushire, 
Bussorah, Bagdai, and Muscat. 

(Sd.) WM. BRUCE, 

Agent. 



Translation of the Arabic 
Counterpart. 

ARTICLE i. 

That the Resident (Vakeel) who 
may be stationed on the part of the 
English Government at the port -of 
Mokha shall have with him (hi. there 
shall be with him) thirty military from 
out of their army, like the Residents 
(Vakeels) at Busrah, Bagdad, and 
Ubooshuhur (Busheer). 

It is finished besides this, 
Signed by six witnesses* 
ARTICLE 2. 

That the Resident (Vakeel) who 
n?ay be stationed in the factory on 
the part of* the British Government 
shall have (lit. there shall be to him) 
respect, attention, dignity and 
character near the Governor ; and 
those who are dependants of the 
BritishGovernment may ride on horse, 
etc., and they may ride in any other 
mode, as they may feel inclined. He 
may go out of the cities and into the 
cities for pleasure, refreshing his 
spirits ; and he may go out through 
the whole of the gates, especially 
out of the Shadullee. He iray go 
out mounted on horses, etc., and he 
may enter mounted, being indepen- 
dent in his own mind (meaning a"s he 
pleases.) It is necessary that there 



Part II 



Aden Sanaa No. LXXVIII. 



179 



ARTICLE 3. 

A piece of ground to be allotted 
for a cemetery ; and none of those 
under the British Government and 
flag to be spoken to or insulted on 
account of their religion. 

(Sd.) WM. BRUCE, 

Govt. Agent ; 



ARTICLE 4, 

The Resident to have free per- 
mission to proceed to Senaa and 
communicate with His Highness 
the Imam whenever he may deem 
it necessary to do so, the Dola on 
these occasions furnishing a guard 
or escort if it should be deemed 
requisite. 

(Sd.) WM. BRUCE, 

Govt. Agent. 



ARTICLE 5, 

That the anchorage duty of (400 
G,C) four hundred German crowns 
shall henceforth cease on British 
ships, which has hitherto been 
levied 00 all merchant ships when 

VOL. XIII 



shall not be any to hinder him, nor 
any person shall say a word to him ; 
and to him (there shall be) respecl as 
at the other ports, Bagdad, Busrah, 
Ubooshuhur, and the port of Muscat. 

It is finished besides this. 

Signed by the six Members of the 
Mokha Council* 

ARTICLE 3. 

The dead of the English, that the 
Almighty and Supreme God oiders 
their souls to be snatched away, there 
shall be a place appointed and set 
apart from them that they may bury 
their dead in it ; no one shall say to 
them, " the practice of your ' sect is 
such or such / it is not good/' 

It is finished besides this, 
Signed by the six Members. 

ARTICLE 4. 

The Agent (Vakeel) of the English 
Government who is stationed at the 
port of Mokha, if it should please his 
mind to go out, he may go out to 
Senaa to His Highness the Imam 
Mehdi for recreation of the mind. No 
one shall hinder him, and the Hakim 
of Mokha shall grant of his own army 
an escort for a safeguard on the 
road, and there is nothing contrary 
to hjrn. 

Itjs finished besides this. 
Signed by the six Members* 

ARTICLE 5. 

The merchant ships which are de- 
pendent on the English Government, 
there was a custom that they should 
pay 400 rials as anchorage duty ; but 
trom this day it ceases ; there is 

N 2 



iSo 



-No. LXXVIH. 



Part II 



they landed cargoes. Hereafter no 
duty on this accoui.t shall be paid 
whether cargo is larded or not, the 
same as His Majesty's ships and 
the Honourable Company's vessels 
of war, 

(Sd.) WM BRUCE, 

GovL Agent. 



ARTICLE 6. 

All subjects of the British Gov- 
ernment trading to Mokha, and 
particularly the m^rcl ants of 
Surat, shall do so under the pro- 
tection of the British flag (if of the 
Warn faith, and wish to settle their 
disputes according to the Maho- 
rnedan Sharah, they shall be at 
liberty to do so, a person on the 
part of the Resident attending), 
and all differences among them- 
selves bhall be decided by the 
Resident , in the event of any of the 
Imam's subjects being concerned in 
the dispute, by an Agent on the 
part of the Resinent (or himself if 
he pleases) and the Governor con- 
jointly; if the Imam's subject is 
wrong, the Governor shall punish 
him : if, on the contrary, the Resi- 
dent. Also that all the dependants 
of the factory of every denomina- 
tion, from broker downwards, shall 
be wholly under the protection of 
the British flag and control of the 
Resident, who shall alone possess 
the power of punishing them and 
redressing all complaints against 
them. 

This sixth Article has been ex- 
pressly admitted by separate grant 



nothing (leviable) on them; their 
situation is that of the Government 
vessels and the King's ships. If its 
cargo should be brought on shore, 
there is nothing (leviable) on them of 
the 400 rials. This affair was discus- 
sed and fixed without being referred 
to Senaa, on the condition of the 
cessation of hostilities and the remov- 
al of the blockade of the port. 

It is finished besides this. 

Signed ly the six Members. 
ARTICLE 6. 

That all merchants who are the 
dependants of the English Govern- 
ment, under their protection and 
under their flag, may transact their 
affairs (trade) at the Bunder of Mokha, 
especially the natives of Surat. If 
there be Mussulmen among them, and 
disputes should happen between them, 
and any of them may desire (to have) 
the law (Mussulman), no opposition is 
to be made to them (meaning to their 
wishes) , 

Whenever there may be (any dis- 
pute) between the people (" Jumaut ") 
of resident and the subjects of Mokha, 
a person may come (be present) on the 
part of the Resident before the Hakim 
of Mokha, who will observe in what 
manner the wrong has been commit- 
ted, and by whom. If the native of 
the country be in the wrong, the 
Hakim of Mokha is to punish him; 
but if the crime or wrong should have 
been committed by the English mili- 
tary (" Uskur"), then the Resident 
is to punish them. 

This Article, the sixth, is one of 
the two which were referred to the 
Imam Mehdi for his consideration, 
and the Shureef's answer having 
arrived, was (given into) the hands of 



Part II 



Aden-&z<w-No. LXXVIII. 



to Captain Bruce by His Highness 
the Jmam. 

(Sd,) WM. BRUCE, 

Govt. Agent. 

ARTICLE 7. 

That the export duty on the 
British trade shall be hereafter 2^ 
per cent., the same as the French 
and not 3^ as hitherto, and that 
the import duty shall be the same 
to the English and all their sub- 
jects, and no more shall be levied 
than 2 J per cent, upon imports and 
exports. 

This Article is expressly granted 
by separate Firman from His High- 
ness as a particular mark cf his 
friendship to the British nation. 
(Sd.) WM. BRUCE, 

Govt* Agent. 

MOKHA, 



January 1821. 
(True copy.) 
(Sd.) WM. BUUCE, 

Govt. Agent. 



Signed and sealed by Umeer 
Futteh-oolla and all the Members 
of the Mokha Council to each sepa- 
rate Article, as also by Captain 
Bruce. 

Approved. 

(Sd.) JOHN KlSH LUMLEY, 

Capt. of H. M!s Ship, 
" Topaze >; and Senior 
Officer. 



Mr, Bruce, a copy being retained by 
the Umeer Futteh-oolla; and on 
receipt of the answer, there was an 
argument between Mr. Bruce and the 
Umeer Futteh-oolla, the (substance 
of) which is written above. 

ARTICLE 7. 

In regard to duties on what is ex- 
ported from the port of Mokha, tv\ o 
dollars and a quarter shall be paid on 
one hundred, as the French, who pay 
two dollars and a quarter on the 
hundred; and the imports into the 
port of Mokha shall be like that for 
the English Government and for the 
English merchants. 

The seventh Article is (one) of the 
two Articles which were referred for 
the consideration and decision of His 
Highness the Shureef Mehdi, and to 
which the answer returned by the 
Shureef was as follows : 

" We have reduced the duties 

three-quarters of a dollar per cent. 

out of three dollars, and this is upon 

all goods imported into the port in 

the name of the English Cirkar and 

their merchants ; there is not (to 

be) more (required) from them than 

two and a quarter dollars per cent. 

alone, both upon goods imported 

and on goods exported, and this is as 

a mark of our regard and respect for 

the said two (the English Government 

and their merchants) and for the 

preservation of the intercourse and 

friendship between us both, as was 

(the case) with those who existed 

before us (in former times)* 

" Dated Rubbee-w-Sanee 1236 



of the Hijra, A. D. 
Signed by the six Members? 



182 AdentouM No. LKXIX. Part II 



No. LXXIX. 

COMMERCIAL TREATY entered into between SHARIF HUSSAIN 
BIN ALI BIN HAIDAR UL HUSAINI, GOVERNOR of MOKHA, 
for himself and posterity, andlCAPTAlN ROBERT MORESBY, 
of the INDIAN NAVY, on the part of the HON'BLE the EAST 
INDIA COMPANY. 

It being advantageous to both parties to enter into a treaty of peace 
and commerce, and that a mutual good understanding should exist between 
each other, Sharif Husain bin All bin Haidar ul Husaini and Captain 
Robert Moresby, of the Indian Navy, being fully authorized to do so, agree 
to the following Capitulations and Articles: 

//. That friendship and peace shall be lasting between the States 
of Mokha and its dependencies and the British Government. 

2nd That the English nation, and all vessels lawfully sailing under 
the British flag having merchandize of any description shall be respected 
and permitted without the slightest prejudice or molestation of their 
persons or eftects to enter and trade in the port or ports of Mokha and its 
dependencies, English born subjects paying a duty of 2| per cent, upon all 
produce, other British subjects paying duty according to the records of 
former treaties and custom, and the subjects of the Sharif of Mokha shall 
pay the usual duty as heretofore paid in British ports. 

?</, The port of Mokha and the adjacent ports under the Govern- 
ment of Mokha are to be open to the introduction and reception of^all goods, 
merchandize, etc., brought in ships or vessels lawfully trading under the 
British Sag. Further, Sarif Husain bin Ali bin Haidar ul Husaini will 
endeavour all in his power to introduce British produce into the interior 
States of Mokha and its dependencies, 

4th. Sharif Husain bin Ali bin Haidar of Husaini, Governor of Mokha, 
engages at all times to respect and regard the friendly advice of any 
authorized person belonging to the English Government, and agrees not to 
enter into any treaty or bond with any other European nation or person, 
without, in the first instance, bringing the subject to the notice of the 
British Government or authorities at Aden, so that the same may in no 
manner prove detrimental to his friends, the English, and their commerce. 
In return for these conditions the English Government will observe the 
interests of the States of Mokha and its dependencies, and do all in their 
power to assist in improving its commercial resources connected with these 
Articles. The Sharif of Mokha and its dependencies is allowed to trade 
with any European nation, and Sharif Husain bin Ali bin Haidar ul Husaini 
engages never to enter into any agreements or bond with any other 
European power, and should he find any European or Native power at 
enmity or war with the English, he will cease communicating with such 
powers* 



Part II Aden Sekofra and Kiskn No. LXXX. 183 



5^. Any subjects of either power having committed crime or offence 
is to be^ brought before the Judge or Kazi through the Government Agent ; 
should it not be settled at this tribunal, the British Agent and the Governor 
of the place will- decide upon the case. 

6th. Sarif Husain bin AH bin Haidar ul Husaini engages to respect 
and protect any merchants or other British subjects residing in his terri- 
tories, provided the sanction of this Government be previously obtained, 
the British Government guaranteeing the same privilege to their people of 
Mokha and its dependencies. 

jth. In entering into any bond or treaty, or trading with either 
European or other power, Sharif Husain bin Ah bin Haidar ul Husaini 
engages that no bond or treaty shall be acceded to or acquiesced in by 
him, which will either at the present or any future period prove detri- 
mental to the interest of the English, either in a political or commercial 
point of view, and in return for such agreement the British promise 
they will act in no manner which may bear an evil tendency towards the 
States of Mokha. 

8th. We, Sharif Husain bin Ali bin Haidar, ratified the above Articles 
for the benefit of both powers. 

In witness whereof we, this ist day of September 1840, corresponding 
with the 3rd of Rajab 1256 of the Hijra, have attached our seals. 

Translation of a treaty by J. Kalehatoon. 

N. 5. At the conclusion of the 

7th Article it is inserted by Sharif 

(Sd.) ROBERT MORESBY, Husain that he does not wish any in- 

Captain, Indian Navy J uries f th t British Go , vern " lent 
MOKHA, rst Sept. 1840. cither from French or other Euro- 

pean powers or Muhammad Al 
Pasha, and he will consider the 
enemies of the English are his and 
his heirs. 



No. LXXX. 

TRANSLATION of AGREEMENT with the SULTAN o! 

SOCOTRA 1834. 

First the said Sultans do promise and agree to the British Government 
fending and storing on any part of the sea-coast of the Island of Socotra 
any quantity of coals or otfier articles which may be sent now or hereafter 
from the British Government of India to-be deposited on the Island. 

Secondly, Captain Daniel Ross on the part of His Excellency the Right 
Honourable the Governor- General do promise that there shall be no interfer- 
ence with the laws and customs of the Island of Socotra or with the interior, 



184 Aden 5 Ut* ami A'.swj-No. 1.XXXL Part il 



of the IsianJ, cr shall the inhabitants of such parts where the coals are 
deposited be ill-treated by the English vessels visiting the Island with the 

CCab, 

(Sd) DANIEL Ross. 



(True copies.) 

(Sd.) W. H. MACNAGHTEN, 

Officiating Secretary. 



1 No. LXXXI, 

TR \NSLATION of AGREEMENT entered into by the SULTAN of 

SOCOTRA 1876. 

Praise be to God alone ! 

1 be object ol \\riting this lawful and honourable bond is that it is 
hereby co\erunted and agreed between Ah bin Abdulla bin Salem bin Saad 
bin^Airecr, S jltan o* Socotra, on the one part, and Brigadier-General John 
\V illiam Schre'djr, the Governor of Aden, on behalf of the British Govern- 
ment, on the other part, that the said Ali bin Abdulla bin Salem bin Saad 
biii Aireer, Su'tan of Socotra, does pledge and bind himself, his heirs and 
successors, ne\er to cede, to sell, to mortgage, or otherwise give for 
occupation, save to the British Go> eminent, the Island of Socotra or any 
ol its dependencies the neighbouring islands. 

In consideration of the above covenant, the said Ali bin Abdulla bin 
Salem bin Saad bin Afreer, Sultan of Socotra, has received from Brigadier- 
General John William Schneider, the Governor of Aden, on behalf of him- 
self, his heirs and successors, an immediate payment of 3,000 (three 
thousand), and he, his heirs and successors, shall further receive from the 
British Go\ernment a yearly subsidy of 360 (three hundred and sixty), it 
being understood that this stipend imposes on the aforesaid Ali bin 
Abduila bin Salem bin Saad bin Afreer, Sultan of Socotra, his heirs and 
successors, the obligation of rendering assistance to any vessel, whether 
belon^ng to the British or any other nation, that may be wrecked on the 
Island of Socotra or on its dependencies the neighbouring islands, and of 
protecting the crew, the passengers, and the cargo thereof, for which act 
of friendship and good -will towards the British Government a suitable 
reward ^\ill also ^ be given to Ali bin Abdulla bin Salem bin Saad bin 
Afreer. Saitan of Socotra, and to his heirs and successors after him. 



Part II Aden Sokotra and #is& No. LXXXII. 185 

In token of the conclusion of this lawful and honourable bond, Ali bin 
Abdulla bin Salem bin Saad bin Afreer, Sultan of Socotra, and Brigadier- 
General John William Schneider, the Governor of Aden, the former for 
himself, his heirs and successors, and the latter on behalf of the British 
Government, do each, in the presence of witnesses, affix their signatures 
on this twenty- sixth day of Zilhujjeh (A.H.) 1292, corresponding with the 
23rd day of January (A.D.) 1876. 

(Signature in Vernacular.) 

(Sd.) J. W. SCHNEIDER, Brigr.-GenL, 

Political Resident^ Governor of Aden. 
Witnessed by : 

(Signature in Vernacular.) 
In the presence of 

(Sd.) LINDSAY BRINE, 
Captain of H. Majesty's Ship " Briton." 

(Sd.) SALEH JAFFER, 

Interpreter to the Resident, 

On board H. M.'s Skip "Briton" 

off Kisheen. 
23rd January 1876. 

(Sd.) NORTHBROOK, 

Viceroy and Governor- General of India. 

Ratified by His Excellency the Viceroy and Governor-General of India 
at Calcutta on the first daj of March 1786. 

(Sd.) T. H. THORNTON, 
O/g. Secy, to the Govt. of India. 



No. LXXXII. 

PROTECTORATE TREATY with the SULTAN of SOCOTRA and 

KISHN 1886. 

The British Government and Ali bin Abdulla bin Salem bin Saad bin 
Afreer, Sultan of Socotra and its dependencies, being desirous of main- 
taining and strengthening the relations of peace and friendship existing 
between them : 



Aden-" < *, i 1 A" < ! No, LXXXI1. Part II 



ju 

E 



The 1 frili!)'i Go\rrnn>ent ha\e r.awcti ami appointed Brigadier- 
A, G F, Ho^j PolhuMl Re&iiiH'nt at Aden, to conclude a Treaty 
IT this piirpj se, 

The slid Bri^adicr-G^Bera! A. G. F. 'Hogg and Sultan AH bin Abdulla 
ifor^aid have agrc*l upon and concluded the following Articles : 

ARTICLE i. 

The British G '\ern:nent, in compliance \\ith the wish of the 
jnde r MtKMi ^n.tan AH lin Abdulla, hereby undertakes to extend to* the 
inland *t So*'>tra an^I IN \ -v " "^ r \ \ , \\hich are under his authority and 
jurisdu tion, thi* ^ra, ioi:s ia^ our and protection of Her Majesty the Queen- 

mprr-s 

ArvTiCLK 2. 

The i-a'u S ;!ta - : Ali bin AVluIla agrees and promises on behalf of 
himsrl% !:. I:i / ir& an 1 succt j <so:>, to retrain fr.ni entering IP ID any corre- 
siond*'nc^\ a^n'^mtnt, or tivaty \\ith any tcreign ration or power, except 
v'lth the knovikNlg** and sanction of the British Government. And further 
promWs to gi^e immediate notice to the Resident at Aden or other 
British officer ot the attempt b\ any other power to interfere with the 
IsUtnd of Socotra and its dependencies. 

ARTICLE 3* 

The above Treaty shall ha\e effect from this date. 

in \\itness \vhorJo: the underigi ed have affixed their signatures or 
*eAte at Kishn thistw r.ty-th:r<! day of ApnI. oae thousand eight hundred 
and e'ghty-six. 

(Sd,; CH^\RLFS W. H. SFALY, ' Translation of the Arabic signatures 
Second Assistant Resident^ is as follov\s: 
on behalf of Brigadier- x Mark of SULTAN ALI BIN 
General A, G. F. Trlooc, Ano\LLA BIN SALIM BIN SAAD 
Political Resident of Aden. BIN TA WAR! BIN AFRAR, Sultaa 

ot Socotra and its dependencies. 
Witness : ! 

Witnesses : 
(Sd.) M S. JAFFFR, Signature of Sultan SALIM BIN 

# ^ w/ / AHMED BIN SAU BIN AFRAR. 

sist**! XestJcxt. ^ of SUD BIN MUBARAK| 

*4rf<?. Kadthi of Kishn. 

of MAHOMED BIX SAAD, 
Kadthi of Kollonsia and 
i Socotra. 

(Sd,) DCFFERIN, 
Viceroy and GovcrnQr*Gencra: of India. 



Part II Aden Stkotta and Ktskn No. LXXXIIL 187 



This Treaty was ratified by the ^icerov and Governor-General of 
India in Council at Simla on the twenty-third day of June, A.D, one 
thousand eight hundred and eighty-six. 

(Sd.) H. M. DURAND, 
Secretary to the Government of India, 

Foreign Department. 



No. LXXXIIL 
PROTECTORATE TREATY with the MAHRI TRIBE 1888. 

The British Government and Ali bin Abdalla bin Salim bin Saad bin 
Afrir al Mahri, Sultan of Kishn and its Dependencies, being desirous 
of maintaining and strengthening the relations of peace and friendbhip 
existing between them : 

The British Government have named and appointed Brigadier- 
General Adam George Forbes Hogg, C B., Political Resident at Aden, to 
conclude a treaty for this purpose. 

The said Brigadier-General Adam George Forbes Hogg, C.B., and 
Sultan Ali bin Abdalla bin baiim Saad bin Afrir al Mahri, aforesaid, 
have agreed upon and concluded the following articles: 



ARTICLE r. 

The British Government, in compliance with the wish of the under- 
signed, Sultan Ali bin Abdalla bin Sahm bin Saad bin Afrir al Mahri, 
hereby undertakes to extend to Kishn and its dependencies, which are 
under* his authority and jurisdiction, the gracious favour and protection 
of Her Majesty the Queen-Empress. 

ARTICLE 2. 

The said Sultan Ali bin Abdalla bin Salim bin Saad bin Afrir al Mahri 
agrees and promises on behalf of himself, his heirs and successors, ^to 
refrain from entering into any correspondence, agreement, or treaty with 
any foreign nation or power, except with the knowledge and sanction of 
the British Government ; and further promises to give immediate notice to 
the Resident at Aden, or other British officer, of the attempt by any other 
power to interfere with Kishn and its dependencies. 



x83 AtenSokotra and Kishn No. LXXXIII. Part II 

ARTICLE 3. 

The above Treaty shall have effect from this date. In witness whereof 
the undersigned have affixed their signatures or seals at Kishn this second 
day of May, one thousand eight hundred and eighty-eight. 

{Sd.} A. G. F. HOGG, Brigadier-General, 

Political Resident. 

WITNESS : 

(Sd.) FREDERICK ROOPE, Lieutenant, 

Royal Na-vy^ Her Majesty's " Osprey." 

Signed : 
(Mark-f ) SULTAN An BIN ABDALLA BIN 

SALIM BIN SAAD BIN TAWARI 
BIN AFRIR, 
Sultan of Kishn and its Dependencies, 

His + mark. 

TAWARI BIN AMR BIN TAWARI BIN AFRIR. 
His f mark. 

(*>., SAAD BIN SALIM BIN AMR BIN 
TAWARI BIN AFRIR,) 

Sigfced in Arabic. 

(SAAID BIN MUBAREK BIN SADIN), 
Kadthi of Kishn. 

(Sd.) M, S. JAFFER, 
Native Assistant Resident^ Aden. 

(Sd.) LANSDOWNE, 
Viceroy and Governor-General of India. 

This Treaty was ratified by the Viceroy and Governor-General of India 
in Council at Fort William on the 26th day of February, A.D. one thousand 
eight hundred and ninety. 

(Sd.) W. J. CUNINGHAM, 

Offg* Secretary to the Government of India, 

Foreign Department. 



PART III. 



TREATIES, AND ENGAGEMENTS 

relating to 
SOMALILAND AND SHOA. 

i. SOMALILAND. 

'THHE British protectorate on the Somali coast extends from Lahadu 
-L (situated half-way between Ras Jibuti and Zaila on the south side of the 
Gulf of Tajoura) as far as the forty-ninth decree of east longitude close to 
Bandar Ziadeh. 

The principal tribes along this coast are the Esa, whose limit extends 
from Ghubbet Kharab to the neighbourhood of Donguerita ; the Habr Awai 
from the last-named place to about thirty-five miles from Berbers ; and the 
Habr Toljaala, thence to about the forty-seventh degree of east longitude. 
Thence a section of the Habr Gerhajis extends to the west of Wakhderia, 
and the Warsingli from that point to the forty-ninth degree of east longi- 
tude. 

The chief ports on this coast are Zaila, Bulhar and Berbera, from the 
revenues of which a subsidy of Rs. 1,950 per mensem is paid by the British 
Government to the headmen of the various tribes with which the Agency 
is brought into contact. These three ports, as well as Karam in the Habr 
Toljaala country, are customs ports. To the east of Berbera are the flag 
ports, named Anterad, Karam, Ankor, Raguda, Shellac, Hais, Mait and 
Mashow. 

Treaty relations with the Habr Awal originated so long ago as 1827. 
A man-of-war having been sent to the coast to exact reprisals for the 
plundering of a British ship trading at Berbera, the elders of the tribe 
entered into a Treaty (No. LXXXIV) of peace and commerce in February 
of that year, securing reciprocal rights to trade and protection to trading 
vessels. The Habr Awal agreed to compensate the captain for his losses 
and to provide for the families of the men who had been killed. 



rgo Somalilaad and Shoa Somaliland* Part HE 

In 1840, shortly after the capture of Aden, it was deemed advisable to 
secure a commanding position in the harbours of Tajoura and Zaila on the 
opposite coast During the revolutions which convulsed Yemen after its 
evacuation by the Egyptians, the Chiefs of these two places, which had 
originally been dependent upon the Imam of Sanaa and more recently upon 
the government of Egypt, had succeeded in making themselves indepen- 
dent, and negotiations were accordingly opened with them direct, 

By a Treaty (No. LXXXV) executed on the igth August 1840, Muhammad 
bin Muhammad, Chief of Tajoura, bound himself not to enter into any en- 
gagement with any other European person or nation without first bringing 
the subject to the notice of the British Agent at Aden. At the same time 
the Sultan sold the island of Musa to the British Government. 

By a Treaty (No. LXXXVI) concluded in September 1840, Saiyid 
Muhammad al Bar of Zaila entered into a similar undertaking, and ceded the 
island of Bab. 

An expedition was sent in 1854 to explore the country between Berbera 
and Zanzibar. On the i8th of April 1855 the party were suddenly attacked 
by Somalis of the Esa Musa tribe ; two British officers were wounded, one 
was killed, and the entire property of the expedition was carried off. A 
demand xvas at once made on the Habr Awal tribe for the surrender and 
punishment of the chief offenders, and the demand was enforced by the 
blockade of Berbera. The elders of the tribe endeavoured to comply with 
the demand, but were unable to apprehend the actual murderers, who took 
refuge in the interior. The British Government at last consented to with- 
draw the blockade on the Somali binding themselves in 1856 by a Treaty 
(No. LXXXVII) to use their utmost efforts to deliver up the murderers ; to 
allow free trade with their territories ; to abolish traffic in slaves; and to 
treat with respect any British agent who might be deputed to see that the 
conditions of the treaty were observed. 

In 1855 the elders of the Habr Gerhajis and the Habr Toljaala tribes 
of Somali entered into an Engagement (No. LXXXVII!) with the Political 
Resident at Aden to prohibit the slave trade. 

In 1848 Zaila and Tajoura came under the Government of the Turks, 
who^had intervened in the disputes between the Imam of Sanaa and the 
Sharif of Mokha, and had taken possession of parts of the low country on 
the opposite coast of Arabia. They continued to hold both places till 1875, 
when the Porte, on certain conditions, made over its possessions on the 



Part II I Somalilaad and Shoa Somali land. 191 

Somali coast to the Khedive, Ismail Pasha, who had in the previous year 
established himself at Harrar in the interior. 

In 1884, owing to internal difficulties, the Egyptian Government found 
it necessary to withdraw their garrisons from this region, and the Porte not 
being at the time prepared to make any effective assertion of its authority, 
Zaila came into British occupation, while the French shortly afterwards 
obtained possession of Tajoura. 

At the same time the British Agent was authorised to enter into nego- 
tiations with the tribes, with the result that treaties were concluded on the 
following terms with the Chiefs mentioned below : 

(i) Habr Aval, 14th July 1884 (No. LXXXIX). Prohibition to cede, 
or part with, territory save to the British Government ; free 
permission to British vessels to trade with all Habr Aual ports ; 
protection of British subjects in Habr Awal territory; abolition 
of slave trade ; appointment of British agents at Berbera or 
elsewhere in Habr Awal territories. 

Habr Awal, 15th March 1886 (No. XC). Protection by the 
British of Habr Awal tribe and territories ; prohibition of corre- 
spondence or treaty with foreign powers. 

(2) Gadabursi, nth December 1884 (No. XCI). Prohibition to cede, 

or part with, territory ; free permission to British vessels to 
trade ; protection of British subjects ; abolition of slave trade ; 
appointment of British agents. 

(3) Habr Toljaala, 26th December 1884 (No. XCII), Prohibition 

to cede, or part with, territory ; free permission to British vessels 
to trade and protection of wrecks and crews of the same , pro- 
tection of British subjects ; abolition of slave trade j appointment 
of British agents. 
Habr Toljaala, ist February 1886 (No XCIII). Protection by the 

British; prohibition of correspondence or treaty with foreign 

powers. 

(4) Esa> 3ist December 1884 (No. XCIV). Prohibition to cede, or part 

with, territory; free permission to British vessels to trade ; protec- 
tion of British subjects ; abolition of slave trade ; appointment of 
British agents. 

(5) Habr Gerhajis, 1 3th January 1885 1 N XCV), Prohibition to cede, 

or part with, territory ; free permission to British vessels to trade ; 



Somahlaad and bhoaSb maUland. Part III 



protection of British subjects ; abolition of slave trade ; appoint- . 

ment of British agents. 
Habr Gerhajis, ist February 1886 (No. XCVI). Protection by the 

British ; prohibition of correspondence or treaty with foreign 

powers. 
(6) W&rsingli,2iti\ January 1886 (No. XCVII). Protection by the 

British ; prohibition of correspondence or treaty with foreign 

powers ; assistance to wrecks and protection of crews of wrecked 

vessels ; abolition of slave trade ; appointment of British agents ; 

assistance to British officers and acceptance of their advice. 
In February 1887, after protracted negotiations, the English and French 
Governments finally came to an understanding in the matter of their respec- 
tive claims upon the Somali coast The English protectorate is admitted to 
extend from the forty-ninth degree of east longitude to a point at the 
Lahadu wells situated about half-way between Zaila and Ras Jibuti, whence 
the line dividing the English and French protectorates runs to Abbaswain. 
Biyo Kabobo, Gildessa and Harrar ; the islands of Musa and Bab are 
Included in the French protectorate by a convention settled in 1888. 
Neither government is to attempt any interference across the line of division 
thus defined between them. The caravan route from Zaila to Harrar vid 
Giidessa is to remain open to all commerce. Both governments undertake 
to adopt all necessary measures for the suppression of the slave trade, and to 
prohibit the importation of powder and arms into the territories subject to 
their respective influence. 

The British Government have no treaty relations with any tribes beyond 
the eastern boundary of their protectorate, except the Mijjertain Somalis, 
from whom engagements were taken in 1866 and 1884, the former 
(No. XCVI II) providing for the abolition of the slave trade, the latter 
(No. XCIX) for the protection of vessels, British or foreign, wrecked upon 
their coasts, in return for an annual subsidy of 360 dollars. 

In 1889 an Order in Council was prepared for regulating the exercise of 
jurisdiction and kindred matter upon the Somali coast. But in May 1891 
it was desired to defer for the time being any further steps for bringing it 
into effect. 

In 1897, after consideration of the reports of the special mission to 
Abyssinia, the Imperial Government, in view of the importance which 
attached to British relations with the Abyssinian Sovereign, at whose court 



Part IH Somaliland and ShozShoa. 193 

it would probably be necessary to establish a permanent legation, and the 
bearing which these relations had on the political situation in the valley of 
the Nile, considered that it might be desirable to transfer the administration 
of the British protectorate on the Somali coast to the Imperial Govern- 
ment. The Government of India agreed to this, and the transfer accord- 
ingly took place in October 1898. 



2. SHOA. 

In 1840 Sahela Selassi, King of Shoa in southern Abyssinia, expressed 
a desire to cultivate the friendship of the British Government, and wrote to 
the Government of Bombay asking to be furnished with guns and warlike 
stores. Shoa was then one of the most powerful and important provinces 
in Abyssinia. It is inhabited by the Galla tribe. At the time when Sahela 
Selassi made these advances, the steam navigation of the Red Sea had 
given an exaggerated importance to the trade of Abyssinia. It was there- 
fore determined to send a mission to the court of Shoa, with which country 
the French also appeared anxious to establish friendly connections. A 
commercial Treaty (No. C)was concluded with the King on the i6th Novem- 
ber 1:841. 

The intercourse of the British Government with the King, is limited to 
the exchange of friendly letters and presents. 



VOL. XIII, 



Fait III Somahland and Shoa.Somattland--(ffat>r Xwrt/) No, LXXXIV. 



No. LXXXIV. 

ARTICLES OF FRIENDSHIP and COMMERCE made between. 
J. J. GORDON BREMER, ESQ., C.B , CAPTAIN of His BRI- 
TANNIC MAJESTY'S SHIP Tamar, representing the ENGLISH 
NATION in NORTHERN AFRICA, and the SHEIKHS of the 
TRIBE of HABR OWUL, 1827. 

ARTICLE i. 

It is agreed that from henceforth there shall be peace and friendship 
between the subjects of His Majesty the King of England and the Sheikhs 
of the Habr Owul tribe and their men and all other inhabitants of the coast 
of Africa over which they have authority and influence. 

ARTICLE 2. 

It is agreed that any vessels bearing the English flag which may come 
to the port of Berbera (or any other port under the authority of the Sheikhs 
of the Habr Owul tribe) for the purpose of trade shall not be molested or 
injured, but shall receive every protection and support from the said Sheikhs , 
that they shall be at liberty to enter into any trade they may think fit to 
choose , and that they shall be at liberty to depart from the said port at their 
pleasure without impediment, injury, or molestation. 

ARTICLE 3. 

It is agreed that in like manner any vessels or persons belonging to the 
said Sheikhs of Habr Owul tribe which shall come into any port belonging 
to His Majesty the King of England shall receive protection and suppr rt, 
and be treated in all respects the same as other vessels or persons trading to 
those ports. 

ARTICLE 4. 

It is agreed that as an equivalent for the value of the British Brig 
Marianne and her cargo, which was plundered in the port of Berbera, there 
shall be paid by the said Sheikhs of the Habr 'Owul tribe to the said Captain 
J, J. Gordon Bremer, C.B., or to some person duly authorized by him to 
receive it, the sum of fifteen thousand Spanish Dollars, or produce to the 
same amount, in three equal payments, that is to say, five thousand Dollars 
or produce to that amount, this year 1827 and of the Hijra 1242, and the 
same sum in each of the two following years, that is to say, on or before the 
conclusion of the trading season in the month of April, or two hundreth 
day of the Nowroz. 

VOL XIII '02 * 




196 Somaliland and Shoo. Somali land (Taj our a) No. LXXXV. Part III 



ARTICLE 5. 

Two lascars belonging to the British Brig Marianne having been killed 
when the said vessel was plundered and destroyed, the Sheikhs of the Habr 
Owul tribe do hereby agree to pay the sum of 

Dollars for the support of the families of the murdered men, according to 
the Mahomedan law in such cases. 

Confirmed and sealed at Berbera, in Africa, on the 6th day of 
February in the year of our Lord^ Jesus Christ l82^ and of the Hijra 
1242, the igtk day of the moon Rujub. 

(Sd.) J. J. GORDON BREMER. 
M. E. BAGNOLD. 

Poltl. Agent, Witness. 
Witness : 

SHURMARKAY ALJ SAULEH, 

(Signed) by Ismail Gella for himself and Omar Kadim Hussin Ban and 
Ismail Goled, Sheikhs of Habr Owul tribe. 

Approved by the Bombay Government on icth May 1827. 

No. LXXXV. 

COMMERCIAL TREATY entered into between SULTAN MOHAM- 
MED BIN MOOHOOMUD of TAJOURA and CAPTAIN 

ROBERT MORESBY, of the INDIAN NAVY, on the part of the 
HON'BLE EAST INDIA COMPANY,- 1840. 

It being advantageous to both parties to enter into a Treaty of Peace and 
Commerce, and that a mutual good understanding should exist between 
each other, more especially so since Aden has become a British port ; We 
Sultan Mohammed bin Moohoomud and Captain Robert Moresby, of the 
Indian Navy (being fully authorised so to do), agree to the following Capi- 
tulations and Articles : 5 r 

ARTICLE i. 

That friendship and peace shall be lasting between the State of Taioura 
and its dependencies and the British Government. 

ARTICLE 2. 

.T^ at * h \ E ?g lis h nation and all, vessels lawfully sailing under the 
British flag having merchandise of any description on board shall be res- 
pected and permitted, without the slighest prejudice or molestation to 



Bart HI SomaliJaad and Shoz-Somaltland (Tajoura) No. LXXXV. 197 

their persons or effects, to enter and trade in the port and all ports under 
the Government of Tajoura, paying a duty of 5 per cent, upon all produce. 
The subject of the Sultan of Tajoura shall also be permitted the same 
privileges at all British ports. 

ARTICLE 3. 

The port of Tajoura and the adjacent 'ports under the Government of 
Sultan Mohammed bin Moohoomud are to be open for the introduction and 
reception of all goods brought in ships or vessels lawfully trading under 
the British flag. Further, the Sultan of Tajoura will endeavour all in his 
power to introduce British produce into the interior States of Eiffat, Shooah, 
and Abyssinia, and in return the authorities at Aden will endeavour to 
encourage interior export trade through Tajoura. 

ARTICLE 4. 

Sultan Mohammed bin Moohoomud of Tajoura engages at all times to 
respect and regard the friendly advice of any authorised person belonging 
to the British Government, and agrees not to enter into any other Treaty 
or Bond with any other European nation or person, without in the first 
instance bringing the subject to the notice of the Government authorities at 
Aden, so that the same may in no way prove detrimental to his friends the 
English or their commerce. In return for these conditions the British 
Government will observe the interest of the State of Tajoura, and do all 
in their power to assist in improving their commercial resources. 

ARTICLE 5. 

Any subject of either power having committed a crime or offence is to 
receive sentence awarded by their own laws and regulations. 

ARTICLE 6. 

Sultan Mohammed bin Moohoomud' of Tajoura engages to protect and 
respect any British subject residing in his territories, provided the sanction 
of his government be previously obtained, the British guaranteeing the 
same privilege to the people of Tajoura and its dependencies* 

ARTICLE 7* 

In entering into any bond or treaty or trading with either European or 
other powers, Sultan Mohammad bin Moohoomud ^engages that no bond or 
treaty shall be acceded to or acquiesced in by him, which will either at 
the present or at any future period prove detrimental or injurious to the 
interests of the British either in a political or commercial point of view, 
and in returnfor such agreement the English promise that they will act ia 
no manner which may have an evil tendency towards the States ot 



J0 Somaliland and Shoa Somalilaud~ (Zaila) No. LXXXVI. Part III 

ARTICLE 8. 

We, Sultan Mohammed bin Moohoomud and Captain Robert Moresby, 
ot the Indian Navy, having met and being mutually satisfied with each 
other's powers have ratified the above Articles for the benefit of both 
powers. 

In \\itness whereot, we, this igth day of August, in the jear of our 
Lord one thousand eight hundred and forty, corresponding with the 22nd 
day, of Jumandi-el-Akhar, in the year of the Hijra one thousand two hun- 
dred and fitty-six, have attached our seals and signatures. 

Witness. The Signature or MOHAMMED-BIN 

ABDUL ROUSSOUL, MOOHOOMUD, Sultan of Tajoura. 

Agent to the British Go\ernmenl, BENVEETA BIN MOHAMMED LOUZW, 
HADJI SHOOMARKHI, MAHOMMED ESAAKH, 

Shaik of Berbera. Asou BEKIR SHAIM. 

MOHAMMED SABBARH. 

(Sd ) MORESBY, Capt L N. t ABOU BEKIR MEEJAHN. 
Ctwufg. the H. C. Steam Frigate MOHAMMED-BIN AHMED. 
"Sesostns." 

August /p, 1840. 



No. LXXXVI. 

COMMERCIAL TREVTY entered into between SYED MAHOMED 
BA.R, GOVERNOR of ZEYLA, for himself and posterity, and 
CAPTAIN ROBERT MORESBY, of the INDIAN NAVY, on the 
part of the HON'BLE EAST INDIA COMPANY, 1840* 

It being advantageous to both parties to enter into a treaty of peace and 
commerce and that lasting friendship and good-will should exist between 
each other, we, Syed Mahomed Bar, Governor of Zeyla, and Captain Robert 
Moresby, of the Indian Navy, on account of the Hon'ble East India Com- 
pany being fully authorized to do so, agree to the following capitulations 
and articles : 

ARTICLE i. 

That the English nation and all vessels, ships, and boats lawfully sailing 
under the British flag commanded by European or native subjects of the 
English, having merchandize of any description, shall be respected and per- 
mitted without the slighest prejudice or molestation to their persons or effect 



Part 111 Somalilaod and Shoa Somahland (Z&ilti) No. LXXXVI 199 

to enter and trade in the port of Zeyla and all other ports under the 
Governor of Zeyla, paying a duty of 5 per cent, upon all produce The 
subjects of the Governor of Zeyla shall also pay the same duty in all 
English ports. 

ARTICLE 2. 

The Governor of Zeyla will endeavour in his power to introduce 
British property and merchandize into the interior States of Zeyla, and 
engages at all times to protect, and respect and regard the person or 
persons of English and their subjects and friendly advice of any authorized 
person or Agent belonging to the British Government, who, while at Zeyla, 
to be respected and regarded. The English on their part allow the same 
to be done in their port of Aden or elsewhere, and to assist the trade 
from Zeyla. 

ARTICLE 3. 

The Governor of Zeyla engages not to enter into any treaty or bond 
with any other European nation or person, or allow other Europeans 
to settle in his territories, or pass through in any numbers, without 
bringing the subject in the first instance to the notice of the British 
Government at Aden, so that the same may be in no manner detrimental 
to his friends the English or their commerce, in return for which the 
English will do all in their power to assist the Governor of Zeyla in 
improving his commercial resources 

ARTICLE 4. 

Any subjects of either power having committed crime or offence are 
to be punished by their own laws and customs of the country they 
belong to 

ARTICLE 5. 

Syed Mahomed Bar makes over the island called Aubad near Zeyla 
to the English Government for the harbour of their ships and vessels 
without any prohibition whatever. 

We, Syed Mohamed Bar, Governor of Zeyla, and Captain Robert 
Moresby, of the Indian Navy, on the part of the English Government of 
India, do ratify and agree to keep faithfully the above articles that peace 
and freindship may be lasting between us In witness whereof we have 
set our names and seals 



MOCHA, ) (Sd.) R. MORESBY, Captain 9 

Comdg. H. C. Steam Frigate 

The 3rd September 1840. j " Ses&strts. * 



200 Soraaiiland and Shoa Sjmaliland-(Hat>r Aval) No, LXXXVII. Part III 

No. LXXXVII. 

ARTICLES of PFACE and FRIENDSHIP concluded between the 
HABR A\\ AL TRIBE of SOMALIES, on the one part and BRIGA- 
DIER WJI.LIAM MARCUS COGHLAN, POLITICAL RESIDENT 
at ADEN, on behalf of the HON'BLE EAST INDIA COMPANY, 
on the other, 1856. 

Whereas on the icth of April 1855, corre^pondene with the ist 
ot Shaban 1271, a treacherous attack and murder was perpetrated at the 
port ot Berbera by a partv of the Habr Awal tribe upon a party of British 
oncers anout to tra\el in that country \\ith the consent, and under the 
l"C : .' ot tje Elders of the tribe, in consequence of which outrage 
certain demands \\ere made by the Government of India and enforced 
by a blockade ot the Habr A vial coast, and \vhereas it has become 
apparent that the said tribe has fullfilled those conditions to the utmost 
ot it> ability and has prayed to be relieved from the blockade Therefore 
it is agreed 

ARTICLE i. 

That the Elders of the Habr Awal will use there best endeavours 
to duaer up Anali, the murderer of Lieutenant Stroyan 

ARTICLE 2. 

That until this be accomplished, the sub-tribe Esa Moosa, which 
now shelters, and any other* tribe which may hereafter shelter, harbour 
or protect, the said Anali, shall be debarred from coming to Aden 

ARTICLE 3. 

That all vessels sailing under the British Hag shall have free permission 
to trade at the Port of Berbera, or at any other place in the territories of 
the Habr Awal , and that all British subjects shall enjoy perfect safety 
in every part of the said territories, and shall be permitted to trade or 
travel there under the protection of the Elders of the trrbe In like 
manner shall the members of the Habr Awal tribe enjoy similar privileges at 
Aden or in any other part of the British possession. 

ARTICLE 4. 

The traffic in slaves throughout the Habr Awal territories, including 
he Port of Berbera, shall cease for ever , and any slave or slaves who 
ontrary to this engagement stall be introduced into the said territories 
hall be delivered up to the British ; and the Commander of anv vessel of Her 



f art III SomaWand and Btioz-Somahland (Habr ^wa/) No. LXXXVII. 201 

Majesty's or the Hon'ble East India Company's Navy shall have the power 
of demanding the surrender of such slave or slaves and of supporting the 
demand by force of arms if necessary. 

ARTICLE 5. 

The Political Resident at Aden shall have the power to send an Agent 
to reside at Berbera, during the season of the fair, should he deem such a 
course necessary, to see that the provisions of this agreement are observed, 
and such Agent shall be treated with the respect and consideration due to 
the representative of the British Government. 

ARTICLE 6. 

That on a solemn promise being given by the Elders of the Habr Awal 
faithfully to abide by the articles of this agreement, and to cause the rest 
of the tribe to do so likewise, and to deliver up to the Political Resident at 
Aden any party who may violate it, the blockade of the Habr Awa! coast 
shall be raised and perpetual peace and friendship shall exist between the 
British and the Habr Awal. 

Done at Berbera this seventh day of November one thousand eight 
hundred and fifty-six of the Christian era^ corresponding with the eighth 
day of Rahbee Awul one thousand two hundred and seventy-two of the 
Hijra. 

Mark (i) MAHOMED ARRALEH, *J 

(2) AHMED ALI BOOKERI, >Ayal Yoonus. 

(3) NOOR FARRAH, j 

(4) AHMED GHALID, ^ 

(5) MAHOMED WAIS, l AyaL Ahmed. 

(6) MUGGAN MAHOMED, \ 

(7) ROBBLIE HASSAN, ") 

(8) ATE YAH HILDER, [Makahil. 

(9) FARRAH BENIN, J 

(10) AWADTH SHBRMARKI, Ay ad Hamood. 

Signed in my presence at Berbera on the jth November 1856. 

(Sd.) R. L. PLAYFAIR, 
Assistant Political Resident^ Aden. 

(Sd.) W. M. COGHLAN, 

Political Resident. 
Ade* t Qth November 1856* 



202 Somalilaad and S^fi^SowaHlandiHabr Geikajis and Habr Toljaalci) Fart III 

No. LXXXVIII. 



Ratified by the Right Honourable the Governor-General in Council, at 
"Fort William, this twenty-third day of January 1857. 

(Sd.) CANNING. 
GEO. ANSON. 

J. DORIN. 

J. LOW. 

J. P, GRANT. 

B. PEACOCK. 
By order, 

(Sd.) G. F. EDMONDSTONE, 
Secretary to the Government of India. 



No. LXXXVIII. 

ENGAGEMENT entered into-by the ELDERS of the H ABR GERHAJIS 
and HABR TOLJAALA TRIBES of SOMALIS, 1855. 

In the name of the Most Merciful God, and Him we implore I 
The reason of writing this bond is that, influenced by motives of humanity 
and by a desire to conform' to the principles on which the great English 
Government is conducted, we lend a willing ear to the proposals of our 
sincere friend Brigadier W. M. Coghlan, Governor of Aden, that we shall 
covenant with him and with each other to abolish and prohibit the exportation 
of slaves from any one part of Africa to any other place in Africa or Asia, or 
elsewhere, under our authority. 

We, whose names and seals are set to this Bond, do therefore in the sight 
of God and of map solemnly proclaim our intentions to prohibit the exporta- 
tion of slaves from Africa by every means in our power ; we will export none 
ourselves, nor will we permit our subjects to do so, and any vessels found 
carrying slaves shall be seized and confiscated and the slaves shall be released, 

PEACE. 
Signatures. 
No. i. SULTAN MANASSIR BIN Boo BEKR BIN MEHDI, the Qulald, 

done at Aour, dated J4th October 1855 

No, 2, SULTAN ABOO BEKR BIN ABDULLA BIN MEHDI, the Oulaki, 
same date and place. 



Part III Somaliland and $to,Qa t $omaLland~(Hab'r G&hajis and Habr Toljaala} 203 

No. LXXXVIU. 



PEACE. 

Signatures 

No. 3. SEYED MAHOMED-BIN-ABADER-RAHMAN El TIFFERI, as wit- 
ness to Nos. i and 2 

No. 4. ALI MAHOMED (Z AID Elder of the HABR GERHAGIS tribe of 
SOMALIS at Mail), done the 5th Suffer 1272, correspond- 
ing with the ijth October 1855. 

No. 5. HIRSEE ALI MAHOMED, Elder of the HABR GERHAGIS tribe 
of Somalis at Mail, done the 5th Suffer 1272, correspond- 
ing with the i7th October 1855. 

No. 6. OMAR-BIN-AHMED-BIN SAID BA-SHITICH as witness to Nos. 

4 and 5 (Mahamood) . 
No. 7. MAHAMOOD-MAHOMED, Elder of the HABR TALJALA tribe at 

Aais, 5th Suffer 1272, corresponding with I7th October 

1855. 
No, 8. ABOO BEKR-BIN MAHOMED, Elder of the HABR TALJALA tribe 

at Rasoda, done the 5th Suffer 1272, corresponding with 

the lyth October 1855. 

No. 9* ABDOO OMAR, Elder of the HABR TAIJALA tribe at Unkur, 
done the 6th day of Suffer 1272, corresponding with the 
1 8th October 1855. 

No. 10. ALI AHMED, Elder of the HABR TALJALA tribe at Unkur, 
done the 6th Suffer 1272, corresponding with the i8th 
October 1855. 

No. 1 1. HASSUN YAUSEF, Elder of the HABR TALJALA tribe at Kur- 
rum, done the 6th day of Suffer 1272, corresponding with 
the 1 8th October 1855. 

No. 12. MAHOMED LEEBAN, Chief of the HABR TALJALA tribe at 
Kurrum, done the 6th Suffer 1272, corresponding with the 
1 8th October 1855. 

No. 13. YOOSEF OTHMAN, Elder of the HABR TALJALA tribe at Aim 
Tarad, done the 7th Suffer 1272, corresponding with the 
igth October 1855. 

No. 14. AHMED ABOO BEKR MAHOMED SEEBAN, Eider of the HABR 
TALJALA tribe at Ain Tarad, done the 7th Suffer 1272, 
corresponding with igth October 1855. 

(True copy of translation.) 

(Sd.) BRIGADIER, 

Acting Political Resident and Consul. 



204 Soraaliland and $to&~Somamand-(Habr Awal)tio. LXXXIX. Part HI 

No. LXXXIX. 
TREATY with the HABR AWAL, 1884. 

Whereas the garrisons of His Highness the Khedive are about to be 
withdrawn from Berbera and Bulhar and the Somali Coast generally, we, 
the undersigned Eiders of the Habar Awal tribe, are desirous of entering 
into an agreement with the British Government for the maintenance of our 
independence, the preservation of order, and other good and sufficient 
reasons. 

Now it is hereby agreed and covenanted as follows I- 
ARTICLE i. 

The Habr Awal do hereby declare that they are pledged and bound 
never to cede, sell, mortgage or otherwise give for occupation, save to the 
British Government, any portion of the territory presently inhabited by them 
or being under their control. 

ARTICLE 2. 

All vessels under the British flag shall have free permission to trade at 
the ports of Berbera, Bulhar, and other places in the territories of the 
Habr Awal. 

ARTICLE 3. 

All British subjects residing in, or visiting the territories of, the Habr 
Awal shall enjoy perfect safety and protection, and shall be entitled to travel 
all over the said limits under the safe conduct of the Elders of the tribe. 

ARTICLE 4. 

The traffic in slaves throughout the territories of the Habr Awal shall 
cease for ever, and the Commander of any of Her Majesty's vessels, or any 
other British officer duly authorized, shall have the power of requiring the 
surrender of any slave and of supporting the demand by force of arms by 
land and sea. 



ARTICLE 5. 

The British Government shall have the power to appoint an Agent or 
Agents to reside at jjerbera or elsewhere in the territories of the Habr Aw al 



Part HI Somaliiand and Sho&S<>maliland--(fta1>y vl^/)-No. LXXXIX. '<? 205 



and every such Agent shall be treated with respect and consideration, 
entitled to have for his protection such guard as the British Government 
deem sufficient. 

The above-written Treaty shall come into force and have effect from the 
date on which the Egyptian troops shall embark at Berbera, but the agree- 
ment shall be considered provisional and subject to revocation or modifica- 
tion unless confirmed by competent authority. 

In token of the conclusion of this lawful and honourable bond, Abdillah 
Libanand Jamah Yunus (both Ayal Ahmed Badila), Said Gulaid and Awadh 
All (both Bhandera), Ubsujeh Jamah and Awadh Liban (both Baho), Ilini 
Farah and Yescen Umar (both Ba Eyso Musa), Ahmed Liban and Farah 
Samanter (both Ayal Sherdone), Hirsi Mahomed, Haid Ahmed, Husain Ali, 
Abokr Ahmed, Ismail Doalyj Adan Ismail and Yunus Deriah (all Ayal 
Gedid), Jamah Farah (Ayal Hosh), Warfah Adowa, Mahomed Yunus 
Hirsi Buraid, Ali Mahomed, Husain Gaillay, Majan $3aid, Mahomed Kabillay 
and Wais Yusuf (all of the Eysa Musa), Roblay Doblay and Musa Farah 
(Mikhail), Nur Awadh and Ismail Farah (both of the Ayal Hamed), and 
Major Frederick Mercer Hunter, the Officiating Political Resident of Aden, 
the former for themselves, their heirs and successors, and the latter on 
behalf of the British Government, do each and all in the presence of wit- 
nesses affix their signatures, marks or seals, at Berbera, on this twenty-first 
day of Ramdhan, one thousand three hundred and one, corresponding with 
the fourteenth of July, one thousand eight hundred and eighty-four. 

(Sd.) F. M. HUNTER, Major, 
Officiating Political Resident^ Aden'. 

Witness : 

(Sd.) W. J. PEYTON, Lieutenant, 

Bombay Staff Corps. 

(Sd.) RIPON, 
Viceroy and Governor-General of India* 



This agreement was ratified by the Governor-General of India in Grand! 
at Simla on the twenty-third day of August A. D. 1884. 

(Sd.) C. GRANT, 

Secretary to the Government of India^ 
Foreign Department. 



206 Somahland and Sb&LSowaliland(Habt Awa r )~ No. XC. Part II 


The Arabic version of this agreement was signed by the following . 


his 


his 


his 


SAIDXGULAID. 


HIRSI Q BRAID. 


HAID Z AHMED. 


mark. 


mark 


mark 


his 


his 


his 


ABDILLAHXLIBAN. 


HUSAIN OGAILAY. 


YUNNUSXDEOOLI. 


mark 


murk. 


mark 


his 


his 


his 


AWADH / LlBAN. 


MAHOMED 8 KABILLAY 


A IN? LERAND 


mark 


mark. 


mark 


hi & 


his 


ITS 


Jut AH FARAH. 


ROBLAY xDOBL/W. 


ALI 88 MOHAMED 


mark 


mark 


mark 


bis 


his 


his 


VAFAH A ADUMAH. 


ISMAIL G FARAH. 


MA CAN 8 SAID 


mark. 


mark 


mark 


his 


h-s 


his 


AHMED A LIBAN 


UBSIYAH O JAMAH 


WAIS Q YUSUF. 


mark 


ma^k 


mark 


his 


his 


his 


AMLSI Q AHMED. 


MASSING OMAN 


MIAN 3 FARAH. 


mark 


ocirirk 


m^rl* 


his 


h.s 


his 


HlRSEE Z ALI 


JHNI FARAH. 


MIR w AWADTH 


mark. 


ma'k 


mHtL, 


his 


his 




ISMAIL O DOALY. 


AVVADTHX ALI 




ma k 


mad 





Witness . 

(-d ) M S. JAFFER. 
(MAHOMED ABDUL RAHMEN } 



No. XC. 

SUPPLEMENTARY GENERAL TREATY with HABR AWAL 1886. 

The British Government and the elders of the Habr Awal tribe who 
have signed this agreement, being desirous of maintaining and strengthening 
.he relations of peace and friendship existing between them : 

The British Government have named and appointed Major Frederick 
Mercer Hunter, C.S.I., Political Agent tor the Somali Coast, to conclude a 
Treaty for this purpose. 

1 he said Major Frederick Mercer Hunter and the said Elders of the 
Habr Awal have agreed upon and concluded the following Articles : 

ARTICLE i. 

The British Government, in compliance with the wish of the undersigned 
ildcrs of the Habr Awal, hereby undertakes to extend to them and to the 
erritories under their authority and jurisdiction the gracious favour and 
Detection oi Her Majesty the Queen-Empress. 



Part III 



Somalilaod and SkozSowahland(ffabi Anal) No. XC. 



207 



ARTICLE 2. 

The said Elders of the Habr Awal agree and promise to refrain from 
entering into any correspondence, agreement, or treaty with any foreign 
nation or power, except with the knowledge and sanction of Her Majesty's 
Government. 

ARTICLE 3. 

This treaty shall come into operation from the fifteenth day of March, 
one thousand eight hundred and eighty-six. 
(Sd.) ELMI HUNDULLEEY.") (Sd,) FARAH N Y ALAYA. 



I 



( 3i ) MAHOMED LTBAN. 

( i HASSAN ALL 

( ) JAMA TUNIS. 

( ) ABSEYA JAMALJHIS. 

( ) AGENT GAILA FERAL, i 

( ) SAID NOOR. 

( ) OMER MAHOMED. 

( ) GAILA FARAH. 

( ) INDUP FARAL. 

( ) ALIM GOOLADE. 

( ., ) HUSS^N ADAM. 

( ) ABDULLAH NUR. 

( ) WASSAMA DAGUL. 

( ) FARAH SAMANTER. 

( ) EBRAHIM SAMANTER. 

( ) GHIS AGENT & SON. 

( ) JAMA EBRAHIM. 

( ) ELUN ROBELAZ. 

( ) JAMA IBRAHIM. 

( ) KALUM SHIMRAKL ' 

( ) Bo NUR. 

( , ) JEMI. 

( ) HINI. 



J 



13 . 

P^OJ 







' 3, ) SAID GOOLADE. 
; ) WURS\M\ UMI 
[ ) DOBER SAMANTER, 
\ ) JASSEJN OMER. -\ 
[ ) UMI FARAH. j g 

[ ) MAHOMED HASSAN. L< 
[ ) ELMI DUBLA. I jg 

[ ) ABDULLA KABILLA.J 
[ ) WARFA ABTIDONE. 
( ) BOH ALALI. 
C ) ILMI SHERDONE. 
( ) BBGS WARSAMA. 
( ,, ) BONE KHAIR. 
( ) SAMANTER BOH, 
Seal of Farah Askar. 

KAUNBH MATTAR. 

ALT ABSIYAH. 

OMAR ROBBH. 

EGAL HULDEED. 

HIRSI BURED. 

HOOSAIN GUSALI. 

MAHOMED KALILU. 



Ayal Ahmed. 



Ba Arab. 



RerDallal. rg 



Both of 



> Both of Baghobo 
f Rer Mahomed. 



SEMARTER SAIDLY, his Agents 
Hassan AH and Adon 
Matter. 



On their own > (Sd,) HASSAN An. 
behalf. > 

( ) ADON MATTE . 

(Sd.) J\MA OMARlBuAMl). 

( ) BELLA YUNNUS (MAHOMED YAW). 
(Sd.) F. M HUNTER, Major, - 

Political A gent } Somali Coast. 
(Sd.) DUFFERIN, 
Viceroy and Governor General of /nuia. 



jzoS Somaliland and Shoa Somahland (Gadabursi) ~Ho. XCI. Part III 

This Treaty was ratified by the Viceroy and Governor-General of India in 
Council at Simla on the fifteenth day of September, A,D. one thousand eight 
hundred and eighty-six. 

(Sd.) H. M. DURAND, 

Secretary to the Government of India } 
Foreign Department. 

Certified that the above is a true copy of the original treaty. 

(Sd,) W. J. CUNINGHAM, 
Offg. Undersecretary to the Government of India. 

FOREIGN DEPARTMENT, 
Simla, the i8th September 1886. 



No. XCI. 
TREATY with the GADABURSI, -1884. 

We, the undersigned Elders of the Gadabursi tribes, are desirous of 
entering into an agreement with the British Government for the maintenance 
of our independence, the preservation of order, and other good and sufficient 
reasons. 

Now it is hereby agreed and covenanted as follows : 

i. 

The Gadabursi tribe do hereby declare that they are pledged and bound 
never to cede, sell, mortgage, or otherwise give for occupation, save to the 
British Government, any portion of the territory presently inhabited by them 
or being under their control. 

2. 

All vessels under the British flag shall have free permission to trade at 
all ports and places in the territories of the Gadabursi tribe. 



All British subjects residing in or visiting the territories of the Gada- 
bursi tribe shall enjoy perfect safety and protection, and shall be entitled to 
travel all over the said limits under the safe conduct of the Elders of the 
tribe. 



Part III Somaliland and Shoa Somahl<ind-(Gad<ibMsi) No. XCI. 209 



4- 

The traffic in slaves throughout the territories of the Gadabursi tribe 
shall cease for ever, and the Commander of any of Her Majesty's vessels, or 
any other British officer duly authorized, shall have the power of requiring 
the surrender of any slave and of supporting the demand by force of arms 
by land and sea. 

5- 

The British Government shall have the power to appoint an Agent or 
Agents to reside in the territories of the Gadabursi tribe, and every such 
Agent shall be treated with respect and consideration, and be entitled to 
have for his protection such guard as the British Government deem sufficient. 

The above written Treaty shall come into force and have effect from the 
date of signing this agreement. 

In token of the conclusion of this lawful and honourable bond, Jama 
Roblay, Mahomed Ali Balol, Ilrnee Warfah (Ughaz' son), Rogay Khairi, 
Waberi Idlay, Roblay Warfah, Doaly Dilbad, Amir Egal, Gailay, Shirwah 
Warfah Roblay, Yunus Boh, and Major Frederick Mercer Hunter, the 
former for themselves, their heirs and successors, and the latter on behalf 
of the British Government, do each and all in the presence of witnesses affix: 
their signatures, marks or seals, at Zaila, on the eleventh day of December, 
one thousand eight hundred and eighty-four, corresponding with the twenty- 
fifth Safar, one thousand three hundred and two. 

(Sd). F. M. HUNTER, 

Bombay Staff Corps. 
Signed in my presence. 

(Sd.) PERCY DOWNES, 

isfjGrade Officer, I. Af. 

(Sd.) DUFFERIN, 
Viceroy and Governor-General of lndi&. 




This agreement was ratified by the Governor-General of India in Council 
at Calcutta on the aoth February, one thousand eight hundred and eighty- 
five. 

(Sd) H. M. DURAND, 

Offg. Secretary to the Government of India , 

Foreign Department. 
VOL. XIII p 



2io Somaliland and ShQa. Somaliland (ffabr Toljaala) No. XCII, Part III 

Certified that the above is a true copy of the original agreement. 

(Sd.) W. LEE-WARNER, 
0/g. Undersecretary to the Government of India, 

Foreign Department. 
Fort Wiltiam, the 2$th February 1885. 



NO, XCII. 

TREATY with the HABR TOLJAALA, i 

We, the undersigned Elders of the Habr Toljaala tribe, are desirous of 
entering into agreement with the British Government for the maintenance of 
our independence, the preservation of order, and other good and sufficient 
reasons. 

Now it is hereby agreed and covenanted as follows :-^ 



The Habr Toljaala tribe do hereby declare that they are pledged and 
bound never to cede, sell, mortgage, or otherwise give for occupation, save 
to the British Government, any portion of thelterritc-ry presently inhabited 
by them or being under their control. 

2. 

All vessels under the British flag shall have free permission to trade at 
all ports and places within the territories of the Habr Toljaala, and the tribe 
is bound to render assistance to any vessel, whether British or belonging to 
any other nation, that maybe wrecked on the above-mentioned shores, and 
to protect the crew, the passengers, and cargo ^of such vessel, giving speedy 
intimation to the Resident at Aden of the circumstances, for which act of 
friendship and good-will a suitable reward will be given by the British 
Government. J 

3- 

All British subjects residing in or visiting the territories of the Habr 
Toljaala tribe shall enjoy perfect safety and protection, and shall be entitled 
to travel all over the said limits under the safe conduct of the Elders of 
the tribe. 

4- 

The traffic in slaves throughout the territories of the Habr Toljaala shall 
cease forever, and the Commander of any of Her Majesty's vessels, or any 
other Bnteh officer duly authorized, shall have the power of requiring the 



Part III Somaliland and Shoa-Somahland (ffabr Toljaala)lSo. XCII. 211 

surrender of any slave and of supporting the demand by force of arms by 
land and sea. 

5- 

The British Government shall have the power to appoint an Agent or 
Agents to reside in the territories of the Habr Toljaala, and every such 
Agent shall be treated with respect and consideration and be entitled to 
have for his protection such guard as the British Government deem sufficient. 

The above-written Treaty shall come into force and shall have effect 
from the date of signing this agreement. 

In token of the conclusion of this lawful and honourable bond, Birir 
Shaikh Don, Farah Nalaya, Hirsi Bailay, Ahmed Jama, At Awadh, Awadh 
Gaidee, Ashoor Goraya, Guday Awadh, Adan Warsama, all of the Yusuf 
sub-tribe, Abdulla Mahomed, Adan Mahomed, Adan Awadh, Farah Osman 
Yusuf Adan, Adan Yusuf, Hassan Mahomed, Hassan Ali, Hass&n Gulaid 
Jama Abdy, all of the Adan Madoba sub-tribe, Ali Ahmed, Mahomed Ali ' 
Husain Abdy, Esa Abdy, Yussuf Adan, all of the Rerdod sub-tribe, Awadh 
Ali, Farah Abdy, Ahmed Noh, Ahmed Doaly, Ahmed Farah, Hassan Abdy, 
Hawadlay Mahomed, all of the Sambur sub-tribe, Mahomed Ali, Jibril 
Mahomed, Ahmed Husain, Shermaki Ali, Mahomed Ismail, Ismail Mahomed, 
Mahomed Ali, Hassan Mahomed, all of the Musa Bukr, and Major 
Frederick Mercer Hunter, Assistant Political Resident, Aden, the former for 
themselves, their heirs and successors, and the latter on behalf of the British 
Government, do each and all in the presence of witnesses affix their signa- 
tures, marks or seals, at Aden, on the twenty-sixth day of December, one 
thousand eight hundred and eighty-four, corresponding with the ninth of 
Rabia-al-Awal, one thousand three hundred and two. 

(Sd.) F. M. HUNTBR. 

Witness : 

(Sd.) E. CRANDFIELD. 

(Sd.) DUFFERJN, 
Viceroy and Governor-General of India. 




This agreement was ratified by the Governor-General of India in Council 
at Calcutta on the 25th of February, one thousand eight hundred and eighty- 

five ' (Sd.) H. M. DURAND, 

Offg. Secretary to the Government of lndia> 

foreign Department* 

VOL. XIII. p 2 



2X2 



Somaliiaad and Sb<UL-Somal*lad-(&*br Toljaala) No. XCIII. Part III 

Certified that the above is a true copy of the original agreement. 

(Sd.) W. LEE-WARNER, 
Qffg. Under -Secretary to the Government of India. 

Fort William, the z8th February 1885. 



NO. XCIII. 

SUPPLEMENTARY GENERAL TREATY with the HABR TOLJA 

ALA, 1886. 

The British Government and the Elders of the Habr Toljaala tribe who 
have signed this agreement being desirous of maintaining and strengthening 
the relations of peace and freindship existing between them : 

The British Government have named and appointed Major Frederick 
Mercer Hunter, C.S.I., Political Agent for the Somali Coast, to conclude a 
Treaty for this purpose. 

The said Major F. M. Hunter and the said Elders of the Habr Toljaala 
have agreed upon and concluded the following Articles : 



ARTICLE t. 

The British Government, in compliance with the wish of the undersigned 
Elders of the Habr Toljaala, hereby undertakes to extend to them and to 
the territories under their authority and jurisdiction the gracious favour and 
protection of Her Majesty the Queen-Empress, 



ARTICLE 2. 

The said Elders of the Habr Toljaala agree and promise to refrain from 
entering into any correspondence, agreement, or treaty with any foreign 
nation or power, except with the knowledge and sanction of Her Majesty's 
Government. J y 



Part III Somaliland and $hQ*Somahland(Habr Toljaala)^ XCI1I. 



ARTICLE 3. 

This Treaty shall come into operation from the first day of 
thousand eight hundred and eighty-six. 

(Sd.) MAHOMED ABDY, 



February, on 



(Sd.) F. M. HUNTER, 



Political Agent) 
Somali Coast. 



(Sd.) DUFFERIN, 
Viceroy and, Governor- 
General of India. 



ABDY MAHOMED, 

HUNI IBRAHIM, 

ABDY ABOKR, 

MUSA ABDY, 

FARAH ABOKR, 

AHMED ABOKR 

HUSAIN ABOKR, 

OMAR ABOKR, 

ABDALLAMAHQMED, 

ALI MAHOMED, 

SHINUA YEHIAR, 

GUTALI NUR, 

ABDALLAMAHOMED, 

ASHOOR MUNY, 

JAMA ABDY, 

AHMED GULARD, 

FARAH GUJA, 

MAHOMED AHMED. 

ALI AHMED, 

HASSAN FARAH, 

ALI YUSUF, 

ALI NUR, J 

) JAMA ADAN, 
) ASHOORD GONANJA, 
) FARAH AHMED, 
) EGAL DOALY, 
tt ) 



( 
( 
( 

u> 
( I } 

( I ) 



c ) 



J Occupying An 
}, kor. Allofth 
Rerdod tribe, 

? Occupying Ra 
khuda. Allo 
the Sambui 
tribe. 



,) 






ing Am- 
terad. All of 
the A dan Ma- 
doba tribe. 



Occupying Kar- 
ram. All of 
the Yussub 
tribe. 



AWADH HAD AY, 
, ) HUSSAN MAGAN, 
, ) ADAN WARSAMA, 

, ) AHMED An, 
t ) HASSAN SAID, a 
, ) MAHOMED ISMAIL, 
, ) JEBRIL MAHOMED, 
, ) AHMED ALI MAGAN, ? 
) JEBRIL ALI, j 

, ) ABDULLA HASSAN, J 
This Treaty was ratified by the Viceroy and Governor-General of India 
in Council at Simla on the sixteenth day of July, A. D. one thousand eight 
hundred and eighty-six, 

(Sd) H. M.DURAND, 

Secretary to the Government of India 

foreign Department* 



Occupying Hais 
All of the Ab- 
der Rahmia 
sub-tribe. 



214 Somaliland and Shoa Somahland (Esa) No. XCIV Part III 

Certified that the above is a true copy of the original Treaty. 

(Sd.) W. J. CUNINGHAM, 
Qfg* Under-Secretary to the Government of India, 

Foreign Department* 
Simla, the soth July 1886. 



No. XCIV. 
TREATY with the EESA TRIBE, 1884. 

We, the undersigned Elders of the Eesa tribe, are desirous of entering 
into an agreement with the British Government for the maintenance of our 
independence, the preservation of order, and other good and sufficient 
reasons. 

Now it is hereby agreed and covenanted as follows : - 

i. 

The Eesa tribe do hereby declare that they are pledged and bound never 
to cede, sell, mortgage, or otherwise give for occupation, save to the British 
Government, any portion of the territory presently inhabited by them or 
being under their control. 

2. 

All vessels under the British flag, shall have free permission to trade at 
all ports and places within the territories of the Eesa tribe. 

3- 

All British subjects residing in or visiting the territories of the Eesa tribe 
shall enjoy perfect safety and protection, and shall be entitled to travel all 
over the said limits under the safe conduct of the Elders of the tribe. 



The traffic in slaves throughout the territories of the Eesa tribe shall 
cease for ever, and the Commander of any of filer Majesty's vessels, or any 
other British officer duly authorized, shall have the power of requiring the 
surrender of any slave and of supporting the demand by force of arms bv 
land and sea. , J 



The British Government shall have the power to appoint an Agent or 
Agents to reside m the territories of the Eesa tribe, and every such Agent 



Part III Somaliland and Shoa -Sowaliland (Esa) No. XCIV. 215 



shall be treated with respect and consideration, and be entitled to have 
for his protection such guard as the British Government deem sufficient. 

The above-written Treaty shall come into force and have effect from the 
date of signing this agreement. 

In token of the conclusion of this lawful and honourable bond, AH 
Girdone, Waberi, A dan, Warsama Idlay, Fadhl Mahomed, Boh Molla Ali 
Shirdone, Nagaya Bidar, Samanter Roblay, Gaillay Ishak, Weil Mahomed, 
Yunus Fahia, Girhi Eqal, Mahomed Bergel, Burray Awadh, Ali Karrati, 
Khairulla Magan, Boh Hirsee, Abdalla Ali, Ali Idris, Shirdone Samaduder. 
Rogay Kayat, and Major Frederick Mercer Hunter, Assistant Political 
Resident at Aden, the former for themselves, their heirs and successors, and 
the latter on behalf of the British Government, do each and all in the 
presence of witnesses affix their signatures, marks or seals, at Zaila, on the 
thirty-first day of December, one thousand eight hundred and eighty-four, 
corresponding with the thirteeth Rabia-al-Awal, one thousand three hundred 
and two. 

(Sd.) F. M. HUNTER, 

Major. 
Witness : 

(Sd ) M EDWARDS, Captain^ I M, } 
Commanding I. M. S, " Ambermtch? 

(Sd.) DUFFERIN, 

Viceroy and Governor-General of India. 



This Treaty was ratified by the Viceroy and Governor-General of India 
in Council at Simla on the twentieth day of May, A. D. one thousand eight 
hundred and eighty-five. 

(Sd.) H. M. DURAND, 

Secretary to the Government of India^ 

Foreign Department. 



Certified that the above is a true copy of the original Treaty. 

(Sd.) W. J. CUNINGHAM, 

Offg. Under-Secretary to the Government of India^ 

Foreign Department* 

SIMLA, 
The sand May 



2i6 Sotnaliland and ShQ&-~Somahland(Habr Gerhajis) No. XCV. Part III 

No. XCV. 
TREATY with the HABR GERHAJIS, 1885. 

We, the undersigned Elders of the Habr Gerhajis tribe, are desirous of 
entering into an agreement with the British Government for the mainte- 
nance of our independence, the preservation of order, and other good and 
sufficient reasons 

Now it is hereby agreed and covenanted as follows . 

i. 

The Habr Gerhajis tribe do hereby declare that they are pledged and 
bound never to cede, sell, mortgage, or otherwise give for occupation, save 
to the British Government, any portion of the territory presently inhabited 
by them or being under their control, 

2. 

All vessels under the British flag shall have free permission to trade at 
all ports and places within the territories of the Habr Gerhajis, and the 
tribe is bound to render assistance to any vessel, whether British or belong- 
ing to any other nation, that may be wrecked on the above-mentioned shores 
and to protect the crew, the passengers, and cargo of such vessel, giving 
speedy intimation to the Resident at Aden of the circumstances, for which 
act of friendship and good-will a suitable reward will be given by the 
British Government. 

3- 

All British subjects residing in or visiting the territories of the Habr 
Gerhajis tribe shall enjoy perfect safety and protection, and shall be entitled 
to travel all over the said limits under the safe conduct of the Elders of the 
tribe. 

4. 

The traffic in slaves throughout the territories of the Habr Gerhajis tribe 
shall cease for ever, and the Commander of any of Her Majesty's vessels, 
or any other British officer duly authorized, shall have the power of 
requiring the surrender of any slave and of supporting the demand by force 
of arms by land and sea. 

5- 

The British Government shall have the power to appoint an Agent or 
Agents to reside in the territories of the Habr Gerhajis tribe, and every 
such Agent shall be treated with respect and consideration, and be entitled 
to have for his protection such guard as the British Government deem 
sufficient. 

The above-written Treaty shall come into force and have effect from the 
date of signing this agreement. 

^ In token of the conclusion of this lawful and honourable bond, Ahmed 
Ali Hassan Yussuf, Said Mahomed, Mahamed Jees ; Abdy Hassan Mohomed 



Part III Somaliland and Sbo*-Somaliland(ffab' Geihajis)No. XCVI. 217 

Ahmed AH Nur, Nur Hirsee (all of the Jibril Adan residing at Mait and 
Ras Katib), Doaly Ahmed (of the Mahomed Adan residing at Mait), Hassan 
Abdullah (of the All Said residing at Mait and Ras Katib), Ahmed Saleh, 
Hagar Araly, Husain Saleh, Ah Ismail, Said Ahmed, AH Aman (all of the 
Yunus Ismail residing at Hashow), Ismail AH, Eesa Hassan, Mussa Abdalla 
(all of Mahomed Adan residing at Shall' ao), and Major Frederick Mercer 
Hunter, Assistant Political Resident at Aden, the former for themselves, 
their heirs and successors, and the latter on behalf of the British Government, 
do each and all in the presence of witnesses affix their signatures, marks or 
seals, at Aden, this thirteenth day of January, one thousand eight hundred 
and eighty-five, corresponding with the twenty-eighth Rabi-al-Awal, one 
thousand three hundred and two. 

(Sd.) F. M. HUNTER, Major. 
Witness : 

(Sd.) EDWARD CRANDFIELD. 

(Sd.) DUFFERIN, 
Viceroy and Governor-General of India. 




This agreement was ratified by the Governor- General of India in Council 
at Calcutta on the twenty-fifth day of February, A. D one thousand eight 
hundred and eighty-five. 

(Sd,) H. M. DURAND, 

Offg. Secretary to the Government of India^ 

Foreign Department. 

Certified that above is a true copy of the original agreement. 

(Sd.) W. LEE- WARNER, 
Offg Under-Secretary to the Government of India, 

Foreign Department. 
FORT WILLIAM, 
The 28th February 1885. 



No. XCVI. 

SUPPLEMENTARY GENERAL TREATY with the HABR 
GERHAJIS, 1886. 

The British Government and the Elders of the Habr Gerhajis tribe who 
have signed this agreement being desirous of maintaining and strengthening 
the relations of peace and friendship existing between them : 



218 



SQTaaHland and S1u>3L-$oM(ihland--(ffal>r Gerkajis)-~No. XCVI. Part III 



The British Government have named and appointed Major Frederick 
Mercer Hunter, C.S.I., Political Agent for the Somali Coast, to conclude a 
Treaty for this purpose. 

The said Major Frederick Mercer Hunter and the said Elders of the 
Habr Gerhajis have agreed upon and concluded the following Articles : 

ARTICLE i. 

The British Government, in compliance with the wish of the undersigned 
Elders ^of the Habr Gerhajis, hereby undertakes to extend to them and to 
the territories under their authority and jurisdiction the gracious favour and 
protection of Her Majesty the Queen-Empress. 

ARTICLE 2. 

The said Elders of the Habr Gerhajis agree and promise to refrain from 
entering into any correspondence, agreement, or treaty with any foreign 
nation or power, except with the knowledge and sanction of Her Majesty's 
Government. 

ARTICLE 3. 

This Treaty shall come into operation upon the first day of February 
one thousand eight hundred and eighty-six. 

(Sd.) DOALY AHMED, 

the Mahomed Adan 
tribe, 1 Occupying Mait 

( ) MAHOMED ALI, }> and Ras 
of the Ali Said I Katib. 
tribe, J 

( ) ADAM MAHOMED, of the Saad Yuu 
tribe, occupying Hashow. 
( ) HASSAN YUSSUF, "j 
, ) ALI NUR, 
, ) DOALY ALI, 
) MAHOMED GEES, 
) ABDY HASSAN, 
) MAHOMED AHMED, 



(Sd) 



F. M. HUNTER, 
Major, Political 



Somali Coast. ( 



(Sd.) DUFFERIN, 

Viceroy and Governor- 
General of India. 



) MAHOMED HIRSEE, 



( j HASSAN MAHOMED, 
( ) ISMAIL MAHOMED, 
( ) MAHOMED HIRSEE, 
( ) ISMAIL ALI, 
( } , ) WAIS SALEH, 
( } ALI SALEH, } 

( ) MAHOMED NOH, | 
( ) MAHOMED ALEALIA.J 



Occupying Mait 
and Ras Katib. 
All of the Ibril 
Adan tribe. 



c c u p y i n 
Schellao. All o 
the Musa As- 
say and Musa 
Bohi tribes. 



Part III Somahlaad and Shoa Somahland (Watsingli)-NQ. XCVIU 219 

This Treaty was ratified by the Viceroy and Governor-General of India 
in Council at Simla on the sixteenth day of July, A. D. one thousand eight 
hundred and eighty-six. 

(Sd.) H. M. DURAND, 
Secretary to the Government of India^ 

Foreign Department* 



Certified that the above is a true copy of the original Treaty. 

(Sd.) W. J. CUNINGHAM, 
0/g. Under-Secretary to the Government o 

Foreign Department. 

Simla, the 20th July 1886. 



No. XCVIL 
TREATY WITH THE WARSANGLI, 1886. 

The British Government and the Elders of the Warsangli tribe who 
have signed this agreement being desirous of maintaining and strengthen- 
ing the relations of peace and friendship existing between them : 

The British Government have named and appointed Major Frederick 
Mercer Hunter, C.S.I., Political Agent and Consul for the Somali Coast, to 
conclude a Treaty far this purpose. 

The said Major F. M. Hunter, C.S.L, Political Agent and Consul for the 
Somali Coast, and t^e said Elders of the Warsangli have agreed upon and 
concluded the following Articles : 



ARTICLE s. 

*The British Government, in compliance with the wish of the undersigned 
Elders of the Warsangli, undertakes to extend to them and to the territories 



222 Somaltland and lto*-~Somaliland--(Mij]eitain &//) No. XCVIII. Part III 



This Treaty was ratified by the Viceroy and Governor-General of India 
in Council at Simla on the isth day of May, A.D., one thousand eight hun* 
dred and eighty-six. 

(Sd.) H. M. DURAND, 

Secretary to the Government of 'India, 

Foreign Department. 



NO. xcvnr. 

ENGAGEMENT concluded between LIEUTENANT-COLONEL W. L. 
MEREWETHER, C.B,, POLITICAL RESIDENT, ADEN, and 
SOOLTAN MAHMOOD BIN-YOOSOOF, CHIEF of the MIJ- 
JERTEYN TRIBE of SoMALisand ELDERS of the said TRIBE, 
1866. 

^ Influenced by motives of humanity and by a desire to conform to the 
principles on which the Great English Government is conducted, we lend a 
willing ear to the proposals of our friend Lieutenant-Colonel William 
Lockyer Merewether, C.B., Political Resident at Aden, that we should 
covenant with him and each other to abolish and prohibit the exportation 
of slaves from any one part of Africa to any other place in Africa or Asia 
or^ elsewhere under our authority. We, whose names and seals are set to 
this bond, do therefore, in the sight of God and of men, solemnly proclaim 
our intention to prohibit the exportation of slaves from Africa by every 
means in our power ; we will export none ourselves, nor permit our subjects 
to do so ; and any vessel found carrying slaves shall be seized and confiscated, 
and the slaves shall be released 

Signed this twentieth day of February, one thousand eight hundred and 
sixty-six (4th of the month Shawal 1282) at Bunder Muraya. 

(Sd,) SOOLTAN MAHMOOD YOOSOOF. 
Witnesses to the above : 

(Sd.) MOOSA-BIN-YOOSOOF OTHMAN. 

( ) SAMUNTAR OTHMAN. 

( ) ADREES MAHMOOD. 

( ) W. L. MEREWETHBR, Luut.-Col.* 

Political Resident, Aden. 

(True copy.) 
(Sd ) W. L. MEREWETHER, Lieut. -Col., 

Political Resident, Aden. 

Confirmed by order of the Governor-General in Council, dated the i6th 
Mav i boo. 



Part III Somaliland aad StoOZSomaltlandlMijjertain Somalis^No. XCIX. 223 



No, XCIX. 

ENGAGEMENT entered into by the MlJJERTEYN SOMALIS, 

1884. 

Influenced by motives of friendship and with a desire to conform to the 
principles on which the Great British Government is conducted, and wishing 
to preserve peace and to foster security on our shores, we, the Chiefs of the 
Mijjerteyn Somal, Othman Mahmood, Sultan of the Mijjerteyn tribe, Noor 
Othman, Ismail Othman, Samunter Othman, Ahmed Mahmood, Hajji Idrees 
Mahmood, Mahammad Shirwa Noor, Yousuf Mahmood, Yousuf Ali Yousut, 
Gulaid Yousuf, and Haji Mahammed Fahiya, Elders, on behalf of ourselves, 
our heirs and successors, do hereby covenant and agree with our friend 
Captain James Stewart King, Assistant Resident at Aden, on behalf of the 
Great British Government : 

ARTICLE i. 

That in the event of any steamer, or ship, or other vessel belonging to the 
British Government, or to a British subject, or to any other power, or to the 
subjects of any other power, being wrecked upon our shores or in distress, 
protection shall be accorded to her and to all on board, and the latter shall 
receive good treatment. 

ARTICLE 2. 

That should the master* crew, or passengers of any wreck or casualty 
wish to proceed , to Aden, we will protect them and conduct them thither, 
or give them the best means in our power of proceeding there, 

ARTICLE 3. 

That should any steamer, ship, or vessel be wrecked, suffer casualty, or 
be abandoned, we will not only protect and guard such steamer, ship, or 
vessel from plunder and wilful damage to our utmost ability, but we will 
give speedy notice of such wreck to the Political Resident of Aden. 

ARTICLE 4. 

That such steamer, ship, or vessel will be protected by us as aforesaid 
until instructions in reply to our said notice are given and received from the 
Political Resident of Aden. 

ARTICLE 5. 

That for such acts of good-will and friendship, and as imposing on us, our 
heirs and successors, the obligation aforementioned, we shall receive from the 
British Government, conditionally on our good behaviour and so long as we 
act strictly up to our obligation, a yearly stipend of 360 $ (three hundred and 
sixty dollars). And we shall also expect to receive such salvage as by any 
right according to British law we may be entitled to ; and according as the 



224 Somaliland and Shoa Shoa No. C. Part III 

Great British Government, through their representative, the Political Resi- 
dent of Aden for the time being, may on the merits of each case determine 
by the custom in such cases. 

In token of the conclusion of this lawful and honourable bond, Othman 
Mahmood, Sultan of the Mijjerteyn tribe, Noor Othman, Ismail Othman, 
Samuntar Othman, Ahmed Mahmood, Hajji Idrees Mahmood, Mahammad 
Shirwa Noor, Yousuf Mahmood, Yousuf Ali Yousuf, Gulaid Yousuf and 
Hajji Mahammad Fahiya, Elders, on behalf of themselves, their heirs and 
successors. 

And Captain James Stewart King, Assistant Resident at Aden, on 
behalf of the Great British Government, 

Do hereby affix their signatures and seal, this first day of May on 
thousand eight hundred and eighty-four, equivalent to the 5th day of the 
month Rajab 1301 A H., at Bunder Muraya, 

(Sd.) J. S. KING, Captain, 

Assistant Resident ', Aden. 
In presence of : 

(Sd.) ANTHONY GWYN, Captain, 

I. G. S. " AmberwitcL" 
(Sd.) J. W. YERBURY, Captain, RA. 

(Sd.) RIPON, 

Viceroy and Governor-General of India. 



This agreement was ratified by the Governor-General of India in Council 
at Simla on the twenty-ninth day of July, A, D. 1884. 

(Sd.) C. GRANT, 
Secretary to the Government of India } 
Foreign Department, 

NO, C. 

TREATY of AMITY and COMMERCE made and concluded between 
His MAJESTY SAHELA SELASSIE, KING OF SHOA, EFAT 
and the GALLA, on the one part, and CAPTAIN WILLIAM 
CORNWALLIS HARRIS, under the authority of His EXCEL- 
LENCY the GOVERNOR of BOMBAY, in the name and on the 
behalf of HER MOST GRACIOUS MAJESTY VICTORIA, 
QUEEN of GREAT BRITAIN, IRELAND, and the INDIES, on 
the other part, 1849. 

Whereas commerce is a source of great wealth and prosperity to all those 
nations who are firmly united in the bonds of reciprocal friendship, and where- 



Part III Somalilanci and Shoa Slwa No. C, 225 

as the conclusion of a Treaty of perpetual amity and commerce betwixt Shoa 
and Great Britain, which has already been desired by their respective Sove- 
reigns, would tend to the mutual advantage of both nations, and whereas 
tokens of amity and good-will have been mutually exchanged between His 
Majesty of Shoa and Her Britannic Majesty, and whereas it is desirable that 
the Articles and conditions should be specified, whereupon the desired com- 
mercial intercourse betwixt the two nations should be conducted . Now it is 
hereby declared, done, and agreed as follows : 

ARTICLE i. 

That a firm, free, and lasting friendship shall subsist between His Majesty 
Sahela Selassie, King of Shoa, Efat, and the Galla, and His lineal successors, 
and between Her Most Gracious Majesty Victoria, Queen of Great Britain, 
Ireland and India, and Her lineal successors 

ARTICLE 2 

That for the purpose of preserving and maintaining the friendly relations 
subsisting between the two nations, His Majesty of Shoa and' His lineal 
successors shall receive and cherish any Ambassador or Envoy whom Her 
Britannic Majesty and Her lineal successors may see fit to appoint, and shall 
preserve inviolate all His peculiar rights and privileges. 

ARTICLE 3. 

That for the like purpose, Her Britannic Majesty and Her lineal successors 
shall in the same manner receive and cherish any Ambassador or Envoy whom 
His Majesty of Shoa and His lineal successors may see fit to appoint, and 
shall equally preserve inviolate all His peculiar rights and privileges. 

ARTICLE 4. 

That under the following conditions a commercial intercourse be allowed 
and encouraged betwixt the subjects of Shoa and the countries beyond that 
kingdom and the subjects of Great Britain. 

ARTICLE 5. 

That an import duty of five per cent, and no more shall be levied and 
received by His Majesty of Shoa and His lineal successors upon all British 
goods and merchandise imported into the kingdom, whether for sale therein 
or in the countries beyond. 

ARTICLE 6. 

That this import duty of five percent, shall be assessed upon the current 
value of the merchandise at the market-place of Alio Amba, and shall be 
paid either in kind or in specie at the option of the Merchant 

VOL. XIIL Q 



226 Somaiiland and Shoa 5/wct No* C. Parts III 



ARTICLE 7. 

That the said import duty having been first duly discharged, the merchant 
shall be at full liberty either to dispose of his goods within the territories of 
Shoa without prohibition to the buyer, or to convey them elsewhere without 
restraint or molestation. 

ARTICLE 8. 

That British merchants shall be at liberty to purchase within the terri" 
tories of Shoa all such commodities as they may think proper, whether the 
produce of those territories, or imported from the countries beyond them, 
and export the same without the payment of any duty whatsoever. 

ARTICLE 9, 

That the goods and merchandise of all subjects of Shoa who may visit 
Great Britain shall in like manner be liable to no greater duties than are 
already levied, or may hereafter be levied, upon the immediate subjects of 
Great Britain. 

ARTICLE 10. 

That in view to the augmentation and promotion of commerce between 
Shoa and Great Britain, His Majesty of Shoa and His lineal successors shall 
encourage all merchants to bring the produce of the interior of Africa through 
the dominions of Shoa, and especially such articles as are best suited to the 
British market. 

ARTICLE u. 

That with a like view Her Britannic Majesty and Her lineal successors 
will encourage British merchants to import into Shoa such articles as will 
prove most acceptable within the same. 

ARTICLE 12. 

That for the better security of merchants and their property, His Majesty 
of Shoa and His lineal successors and Her Britannic Majesty and Her lineal 
successors will, respectively, to the utmost of their power, endeavour to keep 
open and secure the avenues of approach betwixt the sea-coabt and Abyssinia. 

ARTICLE 13. 

That with a view to the promotion and encouragement of reciprocal Inter- 
course between the respective subjects of the two nations, no hinderance or 
molestation be offered to British travellers, whether residing within the 
territories of Shoa, or visiting the countries beyond. 



Part III 



SomaliUnd and Shoa Skaa No. C. 



227 



ARTICLE 14, 

That the effects of such travellers, not intended for sale, shall be liable to 
no duty of any sort, and shall in every respect be held personal and inviolable 

ARTICLE 15. 

That in like manner, no subject of Shoa shall meet with any hinderance 
or obstruction whilst residing in any part of the dominions of Her Most 
Gracious Majesty Queen Victoria, nor shall he be prevented from proceed- 
ing beyond them at pleasure. 

ARTICLE 16. 

And, lastly, that a strict reciprocal observance of all the foregoing Articles 
and conditions shall be regarded as a proof of the continued desire on the 
part of both the contracting Sovereigns for a lasting and permanent friend- 
ship. 

Made and concluded at Angollallah) the capital of the kingdom of Shoa > 
on the tenth day of the month Hedar, one thousand eight hundred and 
thirty four of the Abyssinian era, corresponding with the sixteenth day 
of November, in the year of our Lord one thousand eight hundred and 
forty-one, bein* the twenty-ninth of the reign of His Majesty Sahela 
Selassie and the fifth of Her Majesty Queen Victoria, 

(Sd.) W. C. HARRIS. 



(Sd.) SAHELA SELASSIE. 




VVhois 
King of 
Shoa, Efat 
and the 
Galla. 



VOL. XIII. 



PART IV. 

TREATIES AND ENGAGEMENTS 

relating to 
ZANZIBAR. 



The island of Zanzibar and the greater part of the eastern coast of 
Africa were conquered by the Portuguese in the beginning of the sixteenth 
century. Driven to despair by the tyranny of their rulers, the inhabitants 
of Mombasa, in 1698, invited the assistance of the Imam of Maskat, who 
expelled the Portuguese and put many of them to the sword. It was not 
till 1784, however, in the time of Said bin Ahmad, that the Maskat Arabs 
established a permanent footing in the island of Zanzibar, and even for many 
years afterwards, till the accession of Saiyid Said in 1807, the subjection of 
Zanzibar to them was little more than nominal. 

In 1 746 the people of Mombasa threw off allegiance to Maskat, elected 
Shaikh Ahmad as their Sultan, and maintained their independence till 1823, 
when, fearing the aggression of Saiyid Said, Sulaiman bin Ali Al-Mazrui, the 
Sultan of Mombasa, with the consent of the people, put himself under 
British protection. On the 7th February 1824 a convention was concluded 
with him, by which the port of Mombasa and its dependencies, including 
the island of Pemba and the coast between Melinda and the river Pangani, 
were placed under the protectorate of Great Britain. This engagement, 
however, was not ratified, and in 1828 the ruler oi Maskat sent a force 
against Mombasa, which surrendered to him. 

In 1844 Saiyid Said of Maskat appointed his son, Saiyid Khalid, as his 
deputy and successor in his Zanzibar dominions, which may be roughly 
defined as extending from Tunghi, the frontier of the Portuguese territory 
south of Cape Delgado, about 660 miles northward along the coast, and his 
son, Saiyid Thawaini, as his successor in Maskat. Saiyid Khalid died in 
1854, and Saiyid Said appointed a younger son, Saiyid Majid, to succeed 
him. 



230 



Zanzibar. Part IV 



On the death of Saiyid Said in 1856, his successor, Saiyid Thawaini of 
Maskat, laid claim to Zanzibar. He concluded an engagement, however, 
ttith his brother, Saivid Majid, by which the latter was left in possession of 
the African dominions, subject to an annual payment of 40,000 crowns. A 
dispute soon arose regarding the nature of this payment, and whether it 
implied the dependence of Zanzibar on Maskat War was threatened, but 
both parties were persuaded to refer the question to the arbitration of the 
Governor-General of India and to abide by his decision A commission was 
appointed to investigate the case. On the evidence obtained by this 
commission, Lord Canning gave an Award (No. CI), in 1861 to which 
both parties agreed, tfr , that Saiyid Majid should be declared ruler of 
Zanzibar and the African dominions of the late Saiyid Said, but that he 
was to make an annual payment in perpetuity to Maskat. This payment 
was not, however, to be considered as implying the dependence of Zanzibar 
on Maskat. 

On the death of Saiyid Thawaini and succession of Saiyid Salim at 
Maskat in 1866, Sultan Majid protested against the continuance of the 
subsidy, on the ground that the engagement was personal to Saiyid 
Thawani, and that Saiyid Salim, as a parricide, could not legally succeed his 
father. These arguments \\ ere untenable ; the former, because by the terms 
of the a\\ ard, each successor of Saiyid Thawaini was entitled to claim the 
subsidy from Zanzibar, and the latter, because Saiyid Salim was de facto ruler 
of Maskat, and had been recognised as such by the British Government. 
Saiyid Majid vi as therefore required to pay up the subsidy with arrears; 
this he expressed his willingness to do through the medium of the British 
Government. Accordingly, in May 1868, the arrears due to Maskat 
were paid into the Bombay treasury and made over to Saiyid Salim after 
deducting the sums advanced to him in anticipation of the payment of the 
subsidy. 

The subsidy, formerly payable by the Sultan of Zanzibar to the 
Sultan of Maskat under Lord Canning's award, is now paid by 'the Govern- 
ment of India from Indian revenues. 

Saiyid Majid died in October 1870, and was succeeded at Zanzibar by his 
brother, Saiyid Bargash. In 1859 Saiyid Bargash had openly rebelled 
against bis brother, to whom the aid of British troops was given. He then 
surrendered and entered into a formal agreement with Saiyid Majid to quit 
Zanzibar ; toot to plot against him ; and always to act accordingto the advice 
of the British Government. After some delay, during which he again 
endeavoured to resist his brother's authority, Saiyid Bargash proceeded to 
Bombay, He was subsequently permitted by Saiyid Majid to return to 



Part IV Zanzibar. 2 3* 

Zanzibar, and remained there without attempting to weaken his brother's 
authority^ though the latter steacjly refused to be reconciled to him, until 
-his accession to power in 1870. 

Saiyid Bargash was necessarily considered to be bound by the engage- 
ments concluded with his late father, Saiyid Said, which refer to Zanzibar. 
There was formerly no treaty prohibition regarding the transport of slaves 
from port to port in the Zanzibar dominions; but in 1863 Saiyid Majid 
made two concessions, by the first of which he prohibited the transport of 
slaves from one port in his dominions to another during the slave season, 
that is, fiora ist January to soth April in each year, and by the second gave 
authority to British cruisers to seize any slave-carrying vessels unprovided 
with a custom house manifest, or having on board any slaves in excess of 
the .number stated in the manifest, 

In spite of the efforts which Saiyid Majid had made, by the issue of 
stringent rules and threats of confiscating the vessels of the northern 
Arabs who visited Zanzibar for the purpose of exporting slaves to the Persian 
Gulf and Arabia, to check this nefarious traffic, large numbers of slaves were 
habitually carried off from the east coast of Africa, As, therefore, the 
existing treaty provisions with the Sultan of Zanzibar for the suppression of 
the export trade in slaves were found to be insufficient for the attainment of 
the objects with which those engagements were framed, Sir BartleFrere was 
deputed in 1872, as Her Majesty's Special Envoy, with full powers to 
conclude such arrangements as might be necessary for the effectual 
suppression of the exportation of slaves from the dominions of the Sultan. 
Sai)id Bar ( gash, after some discussion, signed a Treaty (No, C1I) on the 5th 
June 1873. Some doubts having arisen as to the interpretation of the first 
article of this treaty, advantage was taken of the Sultan's presence in 
London in July ,1875 to remove them by a supplementary Treaty (No, CHI) 
declaratory of the intentions of the parties. 

Jn April 1876 the Sultan issued Proclamations (Nos. CIV and CV) pro- 
hibiting the conveyance of slaves by land under any conditions ; the arrival 
of slave caravans from the interior; and the fitting out of slave-hunting 
expeditions by his subjects. 

Commercial treaties were concluded by Saiyid Said, as ruler of Maskat 
and Zanzibar, with America* in 1833, with Britain t b 1839, and with 
ffrance J in 1844. A commercial -treaty was also concluded by Saiyid Majid 

** See Appendix No. V. 
f See Appendix No VI. 
%See Appendix No. VII. 



232 Zanzibar. Part IV 

with the Hanseatic Republics* in 1859. In December 1885 Germany con- 
cluded a commercial treaty with Sultan Saiyid Bargash ; and on the 30th 
April 1886 Great Britain concluded with Zanzibar a new commercial 
Treaty (No. CVI) superseding the one that had been framed in 1839, and 
similar in every respect to that between Germany and Zanzibar. 

In 1883 the Zanzibar Agency was transferred to the control of the 
Secretary of State for Foreign Affairs 

In the year 1884 the attention of the Germans was attracted to the east 
coast of Africa, and the territories of the Sultan of Zanzibar especially 
became the object of their designs and colonising projects. Previously to 
this, however, English enterprise had been directed to the same quarter, 
and for several years a scheme was contemplated, and had almost been 
brought into execution, by which the Sultan of Zanzibar was to concede or 
lease the whole of his dominions upon the mainland to an English company. 
The project, however, fell through, and in the meanwhile other claims and 
schemes put forward by German explorers and travellers created a 
situation of conflicting interests sufficiently serious to demand the interven- 
tion of the European governments. It was accordingly decided to appoint 
an International Commission, consisting of an English, a French, and a 
German delegate, for the purpose of delimitating the actual dominions of 
the Sultan of Zanzibar on the mainland, and of thus preparing the way for 
the demarcation of what subsequently became known as " spheres of 
influence " on the east coast of Africa. The commission was appointed in 
1885 and terminated its labours in June 1886; and upon the basis supplied 
by their statements and recommendations, the first Anglo-German agree- 
ment, to which France gave her adhesion, was published in the following 
November. It defined the Sultan's dominions on the mainland as extending 
alpng a strip of coast line 10 miles deep from the river Roveuna in the 
south to Kipini in the north, together with certain islands along the same 
coast and five ports on the Somali coast line. The agreement further 
established a line of demarcation between the English and German spheres 
of influence, which were also delimitated inland, the former to the north 
and the latter to the south. 

Negotiations were then started without delay with the object of 
inducing the Sultan of Zanzibar, Saiyid Bargash, to lease, in the shape of 
concessions to the English and Germans respectively, the portions of the coast 
line under his sovereignty which formed the seaward boundary of the British 
and German spheres of influence. Saiyid Bargash consented in principle, 
but died, in March 1888, before the concessions had been definitely 

*See Appendix No. VIH, 



Part IV Zanzibar. 233 

concluded : a preliminary concession to the Imperial British East Africa 
Company had, however, been signed by His Highness in March 1887. 

The negotiations were now continued with his brother, Saiyid Khalifa, 
who succeeded to the throne upon the death of Saiyid Bargash, and both 
concessions having been finally concluded and signed in due form, the 
British and German companies began operations in the autumn of 1888. 

The assumption of the administration of their coast concession by the 
Germans was the signal for an immediate and violent outbreak of native 
hostility. Two German officials were murdered at Kilwa, and their 
colleagues at other ports with difficulty made good their escape. Bagamoyo 
and Dares Salam were, however, held by the Germans, and became the 
head-quarters of operations which were undertaken without delay to reduce 
the coast line to subjection The German Government appointed an 
Imperial commissioner for this purpose ; a large number of Soudanese and 
other mercenary troops were engaged ; German men-of-war were sent to 
co-operate ; and for upwards of 1 8 months continuous and occasionally 
severe fighting took place. During the year 1889 the British East India 
squadron was ordered to co-operate with the German squadron for the 
purpose of establishing a strict blockade along the whole east African coast 
line, comprised within the Sultan's dominions, against the export of slaves 
and the import of arms and ammunition. The German coast line was 
gradually subdued, and in May 1890 the southern ports of Kilwa, Mikindani 
and Lindi, where a stubborn resistance had been expected, fell into the hands 
of the Germans, who now once more iound themselves masters of the entire 
coast conceded to them. 

In the meantime the Imperial British East Africa Company had 
proceeded with their administration, and in August 1889 the Sultan, Saiyid 
Khalifa, made them the further concession of the islands of Lamu, the 
islands in Manda Bay, and the nrthern or Somali coast ports. The 
Germans, however, contested the right of the Sultan to concede the islands 
of Lamu, Manda, and Patta on the ground that the first had been previously 
promised to them by the late Sultan, Saiyid Bargash, and that the possession 
of the other islands by the Sultan of Zanzibar or by the Sultan of Witu, 
who was under German protection, was a point still requiring decision. 
The question of Lamu was referred to arbitration and decided in favour of 
the British Company, while at the same time further negotiations were 
undertaken between the British and German Governments regarding their 
respective positions in east Africa. 

On the i st July 1890 these negotiations resulted in a second Anglo- 
German agreement, of which the most important feature was the declaration 



234 



Zanzibar. Part IV 



of a British protectorate over the dominions of the Sultan of Zanzibar, with 
the exception of those situated to the south of the river Unrba. It was 
agreed that these should, with the consent of the Sultan, be purchased 
outright from His Highness by the German Government. The Germans at 
the same time agreed to withdraw all claims to the north of the river 
Umba,, and to withdraw their protectorate over the Sultan of Witu in favour 
of a British protectorate. The formal declaration of the British protec- 
torate was notified in November 1890. 

The negotiations regarding the cession to Germany of the southern 
coast line for a lump payment in money were concluded in November 1890, 
The -final and permanent separation of the German coast line from the 
Sultanate of Zanzibar took effect from the ist January 1891. 

There is a large Indian community a Zanzibar composed chiefly of 
Bhattias, Khojas, Bohars and Memons, who practically monopolise the 
export coast trade. The whole of these Indian residents, with a few 
exceptions, have a claim to British protection and are amenable to British 
jurisdiction. The number settled in Zanzibar itself may be estimated 
at 5,000 ; those living on the mainland at 2,000 souls. The revenue is 
almost entirely derived from the customs duties. 

The British Agent and Consul-General at Zanzibar is also Consul for 
the Comoro Islands. His jurisdiction is defined by the Order in Council 
of 9th August 1866 ; but this Order in Council, together with the Zanzibar 
Order in Council of 1881, and the Zanzibar Order in Council (Indian Penal 
Code) of 1882, were all repealed on the zgth of November 1884 by, and 
subject to the exceptions and qualifications contained in, the Zanzibar 
Order in Council of 1884. By Zanzibar Orders in Council of 1888, 1892, 
1897 these orders were considerably modified; and the High Court of 
Bombay was made the High Court of Zanzibar. 

Saiyid Khalifa died in February 1890, and was succeeded by his 
brother, Saiyid Ali bin Said. One of his first acts after his succession 
was to issue a Decree (No CVII), dated the ist August 1890, directed 
towards the total abolition of slavery. He was invested with the insignia 
of a Knight Grand Commander of the Star of India in November 1890. 

By an Order in Council, 1902, a Court of Appeal for eastern Africa 
was established to sit at Zanzibar, or elsewhere, to hear all appeals from 
the East African Protectorate, Uganda, and British Central Africa. 

To the British court also pertains admiralty jurisdiction with reference 
to slave trade, and it is a naval prize court by virtue of the Zanzibar 
(Prize Court) Order in Council of 1-888. 



Fart IV Zanzibar. 235 

In March 1893, the Sultan, Saiyid Ali, died, Khaled bin Bargash, a 
claimant to the throne, seized the palace, but a force being brought from the 
British warships he gave himself up. 

A brother of the late Sultan, named Abdul Aziz, then residing in 
Bombay, by order of the Government of India, on hearing of the death of the 
Sultan, immediately pressed his claim to the right of succession, but Her 
Majesty's Government decided to recognise Hamid bin Thawaini, and he was 
placed on the throne. Abdul Aziz appealed to be allowed to return to 
Zanzibar, but failing to obtain sanction, continued to remain in detention 
in India, where he received an allowance of Rs. 800 a month from the 
Sultan of Zanzibar. 

In March 1896 Sultan Hamid bin Thawaini died, and was succeeded 
by Saiyid Hamid bin Muhammad. Khaled again seized the palace with 
a following of about 500 Arabs and slaves. On his failing to withdraw 
from the palace within the limit of the time allowed by the authorities, 
the palace was bombarded by the British warships in the harbour. Many 
of Khaled' s followers were killed, and he in the confusion managed to 
escape to a German warship, and was conveyed to Dares Salam, where 
the administration provided for him. 

On the 6th April 1897 the legal status of slavery was abolished, and 
for his loyal co-operation with the British, Her Majesty Queen Victoria 
conferred on Sultan Saiyid Hamid the Cross of St, Michael and 
St. George. 

On the 1 8th July 1902 Sultan Saiyid Hamid died, and was succeeded 
by his son, Saiyid Ali, then a minor. At the time of his father's death 
Saiyid Ali was on his way back from England, where he had been attending 
King Edward's Coronation. He had previously spent several years in 
England, having been educated at Harrow School. 

During his minority the government was placed under the control of 
the First Minister, Mr. A. S, Rogers, who acted as Regent until the 7th 
June 1905, when Saiyid Ali attained his majority. 

In October 1891 the administration was reorganized by Sir Gerald 
Portal, and General Lloyd Mathews was appointed Prime Minister to the 
Sultan in January 1892. The 5 per cent, import duty was abolished and to 
meet the deficit, taxation was applied to registration and liquor licenses. 

Zanzibar was made a free port in 1892, and remained so till October 
1899, when a 5 per cent, tax ad valorem on all imported goods was again 
introduced. 



236 Zanzibar. Part IV 

By a declaration, signed on the i6th December 1892, the Sultan 
delegated to the British Agent and Consul-General the right to try all 
cases in which a British subject was plaintiff or accuser, and the defendant 
or accused a Zanzibar subject, or the subject of a non-Christian State 
without a treaty. 

The British court has also jurisdiction over all slaves originally freed 
by His Majesty's Agent and Consul-General, but as the legal status of 
slavery was abolished on the 6th April 1897 by decree of the Sultan, the 
relations between master and slave are no longer recognised by the 
Tribunal. 

In 1893 the British East African Company relinquished the administra- 
tions of Witu and the whole of the late German protectorate, which was 
placed under the protection of Zanzibar. 

On the iith October 1901 Sir Lloyd Mathews, K.C.M.G., First 
Minister of the Zanzibar Government, died ; and the present Minister, ' 
Mr, A. S. Rogers, was appointed in his place on the ist January 1902. 

There is a regular army of about 600 men, including police under the 
Command of General Raikes. 

The population numbers about 230,000, which includes about 10,000 
Indians and an equal number of Arabs. 



Part IV Zanzibar Nc. CI, 237 

No. CI. 

LETTER TO His HIGHNESS SYUD MAJEED BIN SAEED OF 

ZANZIBAR, 1861. 

Beloved and Esteemed Friend, I address Your Highness on the subject 
of the unhappy differences which have arisen between Yourself and Your 
Highnesses brother the Iman of Muscat, and for the settlement of which 
Your Highness has engaged to accept the arbitration of the Viceroy and 
Governor-General of India. 

Having regard to the friendly relations which have always existed 
between the Government of Her Majesty the Queen and the Government of 
Oman and Zanzibar, and desiring to prevent war between kinsmen, I 
accepted the charge of arbitration between you, and in order to obtain the 
fullest knowledge of all the points in dispute, I directed the Government of 
Bombay to send an officer to Muscat and Zanzibar to make the necessary 
enquiries. Brigadier Coghlan was selected for this purpose, an officer in 
whose judgment, intelligence, and impartiality the Government of India 
reposes the utmost confidence. 

Brigadier Coghlan has submitted a full and clear report of all the ques- 
tions at issue between Your Highness and your brother. 

I have given my most careful attention to each of these questions. 

The terms of my decision are as follows : 

ist. That His Highness Syud Majeed be declared ruler of Zanzibar and 
the African dominions of His late Highness Syud Saeed. 

2nd. That the ruler of Zanzibar pay annually to the ruler of Muscat a 
subsidy of 40,000 crowns. 

, <jrd. That His Highness Syud Majeed pay to His Highness Syud 
Thowaynee the arrears of subsidy for two years or 80,000 crowns. 

I arn satisfied that these terms are just and honourable to both of you ; 
and as you have deliberately and solemnly accepted my arbitration, I shall 
expect that you will cheerfully and faithfully abide by them, and that they 
will be carried out without unnecessary delay. 

The annual payment of 40,000 crowns is not to be understood as a 
recognition of the dependence of Zanzibar upon Muscat, neither is it to be 
considered as merely personal between Your Highness and your brother 
Syud Thowaynee. It is to extend to your respective successors, and is to be 
held to be a final and permanent arrangement, compensating the ruler of 
Muscat for the abandonment of all claims upon Zanzibar and adjusting the 
inequality between the two inheritances derived from your father, His late 
Highness Syud Saeed, the venerated friend of the British Government, which 
two inheritances are to be henceforward distinct and separate. 

I am, 

Your Highness's 

FORT WILLIAM, *\ Sincere friend and well-wisher, 

The and April 1861. ) (Sd.) CANNING. 



Zanzibar No. CI. Part IV 



TRANSLATION of an Arabic letter from His HIGHNESS SYUD 
MAJEED BIN SAEED, SULTAN of ZANZIBAR, to LIEUTE- 
NANT-COLONEL C. P. RIGBY, HER MAJESTY'S CONSUL 
at ZANZIBAR, dated Zanzibar, the igth day of the month of 
Zilhej in the year 1277 Hegira, corresponding to the zgih 
June 1 86 1. 

After compliments, I desire to inform you that I have been very much 
gratified by the receipt of the letters from His Lordship the Governor- 
General of India and His Excellency the Governor of Bombay, conveying l 
to me the intelligence of the settlement of the disputes which existed 
between myself and my brother Thowaynee bin Saeed. And, regarding the 
decision, that I shall pay to my brother Thowaynee the sum of 40,000 
crowns annually, and also the sum of 80,000 crowns on account of arrears 
for two years, I agree to pay these sums, and I accept and am satisfied 
with the terms of the decision, and they are binding on me, and it is the 
desire of the British Government (Javab el Sircar) that each of us, *that is, 
myself and my brother Thowaynee, shall be independent of -each other in 
his own dominions and Sultan over his own subjects, that is to say, that 
Zanzibar and the Islands (Pemba and Monfea), and the dominions on the 
continent of Africa dependent upon it, shall be subject to me, and that 
Muscat and its dependencies with the land of Oman shall be subject to my 
brother Thowaynee bin Saeed, and that we should dwell in peace and 
friendly alliance the one with the other, as is customary between brothers. 
I pray that it may be so, if it please God. I feel very much obliged to the 
British Government for all its kindness and favour, and for having averted 
from my dominions disorders and hostilities. During my life-time I shall 
never forget the kindness which it has shown to me. And now what I 
desire from you is this, that you will mention to His Lordship the Governor- 
General of India that he should kindly determine that the payment of the 
40,000 crowns per annum to my brother Thowaynee shall be settled as 
follows, z>z>., that 20,000 crowns shall be due and payable each year at the 
"Mousim" (about April, when the south-west monsoon sets in), and that 
the other 20,000 crowns shall be due and payable each year at the 
" Damam" (about September- October, when the annual accounts are made 
up and the revenue from the customs is paid) in like manner as I before 
agreed ^ to do when I made the arrangement, through my cousin, Mahomed 
bin Salim, to pay 40,000 crowns annually to Muscat. 

_ And respecting the 80,000 crowns, arrears for two years, that it shall be 
paid as soon as I can possibly do so. 

This I desire, in order that there may be no ground of dispute hereafter* 

This is what I wish for from the friendship of the Government. 

And for whatsoever you may desire from me the sign is with you. 

From the confiding slave in God's mercy MAJEED BIN SAEED. 

Written oil the i$th day of the month of Zilhej in the year izff of 
the Hegira, corresponding to the zgth June A. D. i86r. 



Part IV Zanzibar No CH* 339 

From the SULTAN of ZANZIBAR, to the RIGHT HONOURABLE the 
GOVERNOR-GENERAL, dated Zilhej A.H. 1267, correspond- 
ing ttith 25th June 1861. 

After usual compliments, My chief object in addressing this friendly 
letter to Your Excellency is to enquire after your health. May the Almighty 
always protect Your Excellency from all evils. As to myself^ who am 
under great obligations to Your Excellency, I beg to state that by the grace 
of God, and under your auspices, I am in the enjoyment of good health. I 
offer my prayers to the Almighty for your long life and for the destruction 
of your enemies. Your Excellency's kind letter reached me at an auspicious 
time, and I have become fully acquainted with its contents. When I 
referred to Your Excellency for settlement of the dispute which long existed 
between myself and my brother Sytid Thowaynee bin Saeed, I made up my 
mind to act up to any award which you might pass on the case. I agree, 
as directed by Your Excellency, to pay to my said brother the sum of 40,000 
crowns annually and 80,000 crowns on account of arrears for the last two 
years. 

Considering me as a sincere friend, Your Excellency will not, I hope, 
forget me, and I will cheerfully execute any commissions which shall be 
entrusted to me by Your Excellency. 



To His HIGHNESS SYUD BIN SAEED, SULTAN of ZANZIBAR. 

Beloved and Esteemed Friend, I have received with much satisfaction 
your friendly letter dated i5th Zilhej A.H. 1277. I am gratified to learn 
that my award for the settlement of the disputes which long existed 
between yourself and your brother Syud Thowaynee bin Saeed, the ruler 
of Muscat, has given satisfaction to Your Highness. 

The terms of the arbitration will be fulfilled if the sum of 40,000 crowns 
payable to your brother annually, be paid by two instalments, #*>., the first 
at the Mousim and the second at the Damam. 

I beg to express the high consideration I entertain of Your Highness, 
and to subscribe myself g 

Your Highness ; s sincere friend, 

The 22nd August 1861. (Sd.) CANNING. 

No. CIL 

TREATY between HER MAJESTY and the SULTAN of ZANZIBAR 
for the suppression of the SLAVE TRADE, signed at ZANZI- 
BAR, 5th June 1873. 

^ In the Name of the Most High God I 

Her Majesty the Queen of the United Kingdom of Great Britain and 
Ireland and His Highness theSeyyid Barghash-bin-Said, Sultan of Zanzibar, 



240 Zanzibar No, CII. Pait IV 

being desirous to give more complete effect to the engagements entered 
into by the Sultan and his predecessors for the perpetual abolition of the 
slave trade, they have appointed as their representatives to conclude a new 
Treaty for this purpose, which shall be binding upon themselves, their heirs 
and successors, that is to say, Her Majesty the Queen of Great Britain and 
Ireland has appointed to that end John Kirk, the Agent of the English 
Government at Zanzibar; and His Highness the Seyyid Barghash, the 
Sultan of Zanzibar, has appointed to that end Nasir-bin-Said, and the two 
aforenamed, after having communicated to each other their rebpective full 
powers, have agreed upon and concluded the following Articles. 

ARTICLE r. 

The provisions of the existing Treaties having proved ineffectual for 
preventing the export of slaves from the territories of the Sultan of Zanzi- 
bar in Africa, Her Majesty the Queen and His Highness the Sultan above 
named agree that from this date the export of slaves from the coast of the 
mainland of Africa, whether destined for transport from one part of the 
Sultan's dominions to another or for conveyance to foreign parts, shall 
entirely cease. And His Highness the Sultan binds himself/to the best of 
his ability, to make an effectual arrangement throughout his dominions to 
prevent and abolish the same. And any vessels engaged in the transport 
or conveyance of slaves after this date shall be liable to seizure and con- 
demnation by all such Naval or other Officers or Agents and such Courts as 
may be authorized for that purpose on the part of Her Majesty. 

ARTICLE 2. 

His Highness the Sultan engages that all public markets in his dominions 
for the buying and selling of imported slaves shall be entirely closed. 

ARTICLE 3. 

His Highness the Sultan above named engages to protect, to the utmost 
of his ability, all liberated slaves, and to punish severely any attempt to 
molest them or to reduce them again to slavery. 

ARTICLE 4. 

_ Her Britannic Majesty engages that natives of Indian States under 
British protection shall be prohibited from possessing slaves, and from 
acquiring any fresh slaves in the meantime, from this date. 

ARTICLE 5. 

The present Treaty shall be ratified, and the ratifications shall be ex- 
changed, at Zanzibar, as soon as possible, but in any case in the course of 
the 9th of Rabia-el-Akhir [5th of June, 1873] of the months of the date 
hereof.* 



. \ The s to? of Zanzibar's Rati8cation was attached to the original Treaty. That of Her 
Majesty was delivered to the Sultan in September 1873, 



Part IV Zanzibar No, CI1I, 241 

In witness whereof the respective Plenipotentiaries have signed the 
same, and have affixed their seals to this Treaty, made the 5th of June 1873, 
corresponding to the gth of the month Rabia-el-Akhir 1290. 

(Sd.) JOHN KIRK, 
Political Agent, Zanzibar. 

The mean in God's sight, 
(Sd.) NASIR-BIN-SAID-BIN-ABDALLAH, 
With his own hand. 

The humble, the poor, 
(Sd.) BARGHASH-BIN-SAID, 
With his own hand. 



No. CIIL 

TREATY between HER MAJESTY and the SULTAN of ZANZIBAR, 
supplementary to the TREATY for the SUPPRESSION of the 
SLAVE TRADE of June sth, 1873. 

Signed at London, July Iflh, i8?S* 
[Ratifications exchanged at Zanzibar, September zoth, /<?75j 

Her Majesty the Queen of the United Kingdom of Great Britain and 
Ireland and His Highness the Seyyid Barghash-bin-Said, Sultan of Zanzibar, 
having concluded a Treaty at Zanzibar on the 5th June 1873, corresponding 
to the gth of the month of Rabia-el-Akhir A.H, 1290, for the abolition of 
the slave trade, and whereas doubts have arisen or may arise in regard to the 
interpretation of that Treaty, Her Britannic Majesty and His Highness the 
Sultan of Zanzibar have resolved to conclude a further Treaty on this subject, 
and have for this purpose named as their Plenipotentiaries, that is to say : 

Her Majesty the Queen of the United Kingdom of Great Britain and 
Ireland, the Right Hon'ble Edward Henry, Earl of Derby, Baron Stanley of 
Bickerstaffe, a Peer and a Baronet of England, Her Majesty's Principal 
Secretary of State for Foreign Affairs, &c., &c., &c. ; 

And His Highness the Seyyid Barghash-bin-Said, Sultan of Zanzibar, 
Nasir-bin-Said-bin Abdallah ; 

Who, after having communicated to each other their respective full 
powers, have agreed upon and concluded the following Articles : 

ARTICLE i. 

The presence onboard of a vessel of domestic slaves in attendence on or 
in discharge of the legitimate business of their masters, or of salves bond fide 

VOL. XIII. R 



342 



Zanzibar- No. CIII. 



Part IV 



employed in the navigation of the vessel, shall in no case of itself justify the 
seizure and condemnation of the vessel, provided that such slaves ^are not 
detained on board against their will If any such slaves are detained on 
board against their will they shall be freed, but the vessel shall, nevertheless, 
not on that account alone be condemned. 

ARTICLE 2, 

All vessels found conveying slaves (other than domestic slaves in attend- 
ance on or in the discharge of the legitimate business of their masters, or 
slaves bond fide employed in the navigation of the vessels) to or from any 
part of His Highness' s dominions, or of any foreign country, whether such 
slaves be destined for sale or not, shall be deemed guilty of^ carrying on the 
slave trade, and may be seized by any of Her Majesty's ships of war and 
condemend by any feritish Court exercising Admiralty jurisdiction. 

ARTICLE 3. 

The present Treaty shall be ratified, and the ratification shall be ex- 
changed at Zanzibar as soon as possible.* 

In witness whereof the respective Plenipotentiaries have signed the 
same, and have affixed therto their seals. 

Done at London the fourteenth day of July in the year of Grace one 
thousand eight hundered and seventy-five. 



DERBY. 



N AS I R-B I N-S A I D -ABD ALLAH. 



BARGHASH-BIN-SAID. 




This is ratified. 




RATIFICATION. 

We having seen and considered the Treaty aforesaid, have approved, 
accepted, and confirmed the same in all and every one of its articles and 
clauses, as we do by these presents approve, accept, confirm, and ratify it for 
ourselves, our heirs and successors, engaging and promising upon our Royal 

* The Sultan of Zanzibar's Ratification is attached to the original Treaty. That of 
Her Majesty was delivered to the Sultan in Zanzibar on 2oth September 1875. 



Part IV Zanzibar-No. CIV. 



243 



word that we ^ ill sincerely and faithfully perform and observe all and 
singular the things which are contained and expressed in the Treaty 
aforesaid, and that we \\ill never suffer the same to be violated by any one 
or transgressed in any manner as far as it lies in our power' For the 
greater testimony and validity of all which, \ve have caused the Great Seal 
of our United Kingdom of Great Britain and Ireland to be affixed to these 
presents which we have signed with our Royal hand. Given at our Court 
at Osborne the twenty-fourth day of July in the year of our Lord eighteen 
hundred and seventy-five and in the thirty-ninth year of our reiga. 

(Sd.) VICTORIA R. 



On the 2oth September 1875 the above Ratification was given in due 
form to His Highness Syud Barghash at Zanzibar in exchange for His 
Highnesses Ratification attached to the original Treaty. 

JOHN KIRK, 
His Majesty's Agent and Consul-General. 



No. CIV. 



PROCLAMATION by the SULTAN of ZANZIBAR, forbidding the 

CONVEYANCE of SLAVES by LAND,~lS76. 

In the name of God, the Merciful, the Compassionate ! 




From BARGHASH BIN SAEED BIN SULTAN, 

To all whom it may concern of our friends on the mainland of Africa 
the Island of Pemba, and elsewhere* 

Whereas in disobedience of our orders and in violation of the terms of 
our treaties with Great Britain, slaves are being constantly conveyed by land 
from Kilwa for the purpose of being taken to the Island of Peniba. Be it 
known that we have determined to stop, and by this order do prohibit, all 
conveyance of slaves by land under any conditions : and we have instructed 

VOL. XIII. R 2 



244 Zanzibar-No. CV. Part IV 

our Governors on the coast to seize and imprison those found disobeying 
this order and to confiscate their slaves. 

Published the 22 of Rabea el Awal 1293 
(being equivalent to i8th April 1876). 
True translation. 

(Sd.) JOHN KIRK, 
His Majesty's Agent and Consul-General. 



No. CV. 

PROCLAMATION by the SULTAN of ZANZIBAR, forbidding the 

ARRIVAL and FITTING OUXof SLAVE CARAVANS, 1876. 
In the name of God, the Merciful, the Compassionate I 




From BARGHASH BIN SAEED BIN SULTAN. 

To all whom it may concern of our friends on the mainland of Africa 
and elsewhere. 

Whereas slaves are being brought down from r the lands of Nyassa of 
the Yao and other parts to the coast, and there sold to dealers, who take 
thereto Pemba, against our orders and the terms of the treaties with Great 
Britain. Be it known that we forbid the arrival of slave caravans from the 
interior, and the fitting out of slave caravans by our subjects, and have given 
our orders to our Governors accordingly, and all slaves arriving at the coast 
will be confiscated* 

Published the 22 of Rabea el Awal 1293 
(being equivalent to i8th April 1876). 
True translation. 

(Sd.) JOHN KIRK, 
His Majesty's A gent and Consul-General. 



Patt IV Zanzibar- No. CVL 



No. CVI. 

TREATY of FRIENDSHIP, COMMERCE, and NAVIGATION between 
HER MAJESTY and His HIGHNESS the SULTAN OF ZANZI- 
BAR, 1 886. 

Signed at Zanzibar, soth April 1886. 
(Ratifications exchanged at Zansibar s ijth August 1886.) 

Her Majesty the Queen of the United Kingdom of Great Britain and 
Ireland, Empress of India, and His Highness the Salyid Barghash-bin- 
Saiyid, Sultan of Zanzibar, being desirous to confirm and strengthen the 
friendly relations which now subsist between the two countries, and to 
promote and extend their commercial relations, have named as their Pleni- 
potentiaries to conclude a treaty for this purpose, that is to say : 

Her Majesty the Queen of the United Kingdom of Great Britain ana 
Ireland, Empress of India, Sir John Kirk, Knight Grand Cross of the Most 
Distinguished Order of St. Michael and St George, Her Britannic Majesty's 
Agent and Consul-General at Zanzibar ; 

And His Highness the Sultan of Zanzibar, his Chief Secretary Muham- 
mad bm-Salim-bm-Muhammad-el-Mauli ; 

Who, having communicated to each other their respective full powers, 
found in good and due form, have agreed upon and concluded the following 
Articles : 

ARTICLE i. 

There shall be perpetual peace and amity between the two High Con- 
tracting Parties and thejr subjects. 

ARTICLE 2. 

Subjects of Her Britannic Majesty shall enjoy, immediately and uncon- 
ditionally, throughout the dominions of His Highness the Sultan of Zanzibar, 
with respect to commerce, shipping, and the exercise of trade, as in every other 
respect^ all the rights, privileges, immunities, advantages, and protection 
of whatsoever nature which are, or hereafter may be, enjoyed by or accorded 
to the subjects or citizens of the most favoured nation. 

They shall more especially not be liable to other or more onerous duties, 
imposts, restrictions, or obligations of whatever description than those to 
which subjects or citizens of the most favoured nation now are, or hereafter 
may be, subjected. 

The rights of the most favoured nation shall also be accorded to subjects 
of His Highness the Sultan of Zanzibar within the territories of Her Britan- 
nic Majesty. 



246 Zanzibar-No* CVI. Part IV 



ARTICLE 3. 

The; High Contracting Parties acknowledge the right of appointing Con- 
sular officers to reside in each other's dominions, wherever this may be 
deemed to be desirable in the interest of commerce or otherwise, and such 
Consular Officers, together with their Assistants and those in their service, 
shall enjoy, with regard to their persons and houses, and also in the exercise 
of their official duties, in addition to the rights herein stipulated, the same 
honours and privileges as are, or in future shall be, enjoyed by Consular 
Officers of the most favoured nation. In event of a riot or other disturbance 
of the public peace, His Highness the Sultan shall provide the British 
Consular Officers, at their request, with a guard in order to guarantee their 
safety and the inviolability of the Consular office and dwelling, and shall, at 
the request of a British Consular officer, place the police force at his disposal 
to assist in effecting arrests or in the execution of his official duties. 

ARTICLE 4. 

There shall be perfect freedom of commerce and navigation between 
the High Contracting Parties ; each shall allow the subjects of the other 
to enter all ports, creeks, and rivers with their vessels and cargoes, also to 
travel, reside, pursue commerce, and trade, whether wholesale or retail, in 
each other's dominions, and therein to hire, purchase, and possess houses, 
warehouses, shops, stores, and lands. British subjects shall everywhere be 
freely permitted, whether personally or by agent, to bargain for, buy, barter, 
and sell all kinds of goods, articles of import or native production, whether 
intended for sale within tlie dominions of His Highness or for export, and 
to arrange with the owner or his agent regarding the price of all such goods 
and produce without interference of any sort on the part of the authorities 
of His Highness. 

His Highness the Sultan of Zanzibar binds L.imssJf not to allow or recoo-- 
tiize the establishment of any kind of monopoly or exclusive privilege of 
trade within his dominions to any Government, Association, or individual 

ARTICLE 5. 

Subjects of Her Britannic Majesty shall be permitted, throughout the 
dominions of His Highness the Sultan, to acquire, by gift, purchase, intestate 
succession, or under will, or in any other legal manner, land, houses, and 
property of every description, whether movable, or immovable to posses the 
same, and freely to dispose thereof by sale, barter, donation, will,*or otherwise. 

ARTICLE 6. 

With a view to facilitate commerce and for the purpose of regulatmo- 
and securing the revenue which His Highness the Sultan now derives from 
the customs and other duties levied on foreign merchandize and on inland 
produce, the following Regulations containd in Articles 7, 8, 9,.io, n and 
12 have been agreed upon. 



IV Zanzibar No. CVI. 247 



ARTICLE 7. 

His Highness the Sultan shall be permitted to levy a duty of entry 
not exceeding 5 per cent, on the value of all goods and merchandise, of 
whatever description, imported by sea from foreign countries, and landed 
at any port in the islands or on the coast of the mainland of Africa within 
the dominions of His Highness. This duty shall be paid at that polin 
His Highnesses dominions where the goods are fiist landed, and on pay- 
ment thereof such goods shall thereafter be exempt, within the Zanzibar 
dominions, from all other customs duties or taxes le\ied by or on behalf 
of the Government of His Highpcss the Sultan, by whatever names these 
may be d^-cr^ed, and no higher import duty shall be claimed Irom British 
subjects J'..i Ui.il which is paid by subjects or citizens of the most favoured 
nation. 

This duty once paid shall cover, from all other charges on the part 
of His Highness the Sultan, goods of whatever description coming from 
foreign countries by sea, whether these are intended for local consump- 
tion or for transmission elsewhere, in bulk or otherwise, and whether they 
remain in the state in which they are imported or have been manu- 
factured. 

Spirits and spirituous liquors of all kinds imported into the dominions 
of His Highness the Sultan from abroad shall be subject to an entry or 
import duty of 25 per cent, ad -valorem Beer and wines containing less 
than 20 per cent, by volume of alcohol are not to be considered or classed 
as spirituous liquors within the meaning of this Article. These latter, 
therefore, remain subject to the common entry duty of 5 per cent. 
ad valorem. 

There shall, however, be exempted from payment of all duty the 
following, namely . 

1. All goods and merchandize which, being destined for a foreign port, 
are transhipped from one vessel to another in any of the ports of His High- 
ness the Sultan of Zanzibar, or which have been for this purpose pro- 
visionally landed and deposited in any of the Zanzibar custom-houses to 
await the arrival of a vessel in which to be reshipped abroad. But goods 
and merchandize so landed shall be exempted only provided that the 
consignee or his agent shall have, on the arrival of the ship, handed over 
the said goods to be kept under Customs seal, and declared them as landed 
for transhipment, designating at the same time the foreign port of 
destination ; and also provided that the said goods are actually shipped 
for the same foreign port as originally declared, within a period not 
exceeding six months after their first landing, and without having in the 
interval changed owners. 

2, All goods and merchandize which, not being consigned to a port, 
within the dominions of the Sultan, have been inadvertently laaded 
provided that such goods and merchandize are reshipped on board of the 



248 Zanzibar No. CVI, Par. IV 

same vessel and therein are transported abroad. Should, however, such 
goods or merchandize here spoken of be opened or removed from the 
custody of the Customs authorities, the full duty shall then be payable on 
the same. 

3, Coals, naval provisions, stores and fittings, the property of Her 
Majesty's Government, landed in the dominions of His Highness for the 
use of the ships of Her Majesty's Navy. 

4. All goods and merchandize transhipped or landed for the repair of 
damage caused by stress of weather or other disasters at sea, provided the 
cargo so discharged shall be reshipped and taken away on board of the same 
vessel, or if the latter shall have been condemned, or her departure delayed, 
in any other. 

5 Machines and implements for agricultural'purposes ; also all materials 
destined for the construction and maintenance of roads, tramways or rail- 
roads ; and generally all means of conveyance certified by the attestation of 
a British Consular Officer resident in Zanzibar dominions to be destined for 
countries inland and west of His Highnesses dominions. 



ARTICLE 8. 

His Highness the Sultan is further permitted to levy a special expott 
duty, but only on the articles and to the amount hereafter stated, on such 
merchandize and native products coming from his own dominions, or from 
the interior of Africa, as are included in the annexed Tariff. 

This special duty to be levied by and on behalf of His Highness the 
Sultan shall be paid (if such has not been previously done) at all events 
previous to the shipment of these articles out of the dominions of His High- 
ness the Sultan. No distinction shall be made whether the said goods and 
native produce have their origin within the dominions of His Highness the 
Sultan or come from districts of the African Continent beyond His Hio-hness's 
frontiers. 

But jf the special duty on goods and produce above referred to has once 
been paid, the latter, whether in a raw or manufactured state, shall not be 
again taxed with other duties or imposts levied by or on behalf of the 
Government of His Highness the Sultan, but may thereafter be relanded free 
at any port in the dominions of His Highness and be exported without further 
charge, always provided that they have not previously been landed and manu- 
factured in a foreign country. 

The High Contracting Parties reserve to themselves the right to claim a 
revision of the annexed special Tariff, after successive terms of five years, to 
begin to reckon from the day of the exchange of the ratifications of the 
Treaty, in order to allow of such alteration, additions, or ammendments being 
made as experience may have shown to be necessary or desirable. 



Part IV Zanzibar No. CVI. 



249 



ARTICLE 9. 

It is fully understood by the High Contracting Parties that the special 
duties referred to in Article 8 to be levied on behalf of His Highness the 
Sultan shall be in lieu of and as equivalent for 

i. The monopoly rights, which 'until now His Highness has been 
authorized by former treaties to exercise over ivory and copal coming from 
certain districts on the coast. The taxes until now charged on these articles 
as monoply taxes shall therefore cease and be abolished 

2 The duty of 5 per cent, ad valorem or in kind, now levied on goods 
and produce of the dominions of His Highness the Sultan, and of the 
interior of Africa, at the first port of His Highness' s dominions where such 
goods happen to be landed, and also the additional taxes which His High- 
ness has for some time levied on certain goods or produce under the 
denomination of native taxes, are abolished and shall cease. 

It is understood that such other goods, merchandize, and produce 
brought by land from those districts of the African Continent to the west of 
the dominions of His Highness as are not included in the special Tariff now 
agreed upon are not liable for duty of any description ; they shall, on 
entering, leaving, and \vhile within the dominions of His Highness, be free 
from all duties, taxes, and customs of His Highness's Government. 

It is also agreed between the High Contracting Parties that British 
subjects are not liable to be taxed by or on behalf of His Highness the 
Sultan, or his authorities, with any other duties, customs, or taxes than those 
before specified in Articles 7 and 8, whether for their persons > houses, 
lands, or goods. 

ARTICLE 10. 

It is, however, agreed and understood by the High Contracting Parties 
that in the event of an arrangement being entered into hereafter between 
His Highness and the Powers having Treaty relations with Zanzibar, and 
to which Great Britain shall be a consenting party, whereby vessels entering 
the port of Zanzibar shall be charged with shipping, tonnage, or harbour 
dues, such dues to be administered under the control of a special Board 
for the improvement of the harbour and construction and maintenance of 
lighthouses, &c., nothing in the aforementioned provisions shall be construed 
so as to exempt British vessels from payment of such shipping, harbour, or 
tonnage dues as may hereafter be agreed upon. 

ARTICLE n. 

It shall be -at the option of the British subject in each case to pay the 
percentage duties stipulated in Articles 7 and 8 either in cash or, if the 
nature of the goods allow of it, in kind, by giving up an equivalent amount 
of the goods or produce. 

In the event of payment being made in cash, the value of the merchandize, 
goods, or produce on which duty is to be levied shall be fixed according to the 



250 Zanzibar-No. CVI. Part IV 

ready-money market price ruling at the time when the duty is levied. In the 
case of foreign imports the value shall be fixed according to the market price 
at Zanzibar, and in that of native goods and produce by the market price at 
the place where the merchant shall choose to pay the duty. 

In the event of any dispute arising between a British subject and the 
Custom-house authorities regarding the value of such goods, this shall be 
determined by reference to two experts, each party nominating one, and the 
value so ascertained shall be decisive Should however these experts not be 
able to agree they shall choose an umpire, \\hose decision is to be considered 
final. 

ARTICLE 12. 

His Highness the Sultan of Zanzibar engages by the present Treaty to 
provide, and give orders to his officials, that the movement of goods in 
transit shall not be obstructed or delayed in a vexatious manner by 
unnecessary Customs formalities and regulations, and that every facility 
will be given for their transport by land and river, and that, as far as is 
consistent with the special provisions of this treaty, the principles approved 
of by the Congo Conference shall be carried out. 

His Highness further undertakes to see that a custom-house answer- 
ing all requirements of commerce be erected at Zanzibar, with stores 
secure against fire, decay or theft, for the protection of the goods Jplaced 
therein. The conditions under which goods shall be stored, and the 
charges to be levied on account thereof, shall be subject to future 
agreement between His Highness the Sultan and the Representatives 
of the several Treaty Powers. 

ARTICLE 13, 

British vessels entering a port in the dominions of His Highness the 
Sultan of Zanzibar in distress shall receive from the local authorities all 
necessary aid to enable them to revictual and refit so as to proceed on their 
voyage. 

Should a British vessel be wrecked off the coast of the mainland, or on 
one of the islands of His Highnesses dominions, the authorities of His High- 
ness shall render all assistance in their power to the distressed vessel, in 
order ^ to save the ship, her cargo, and those on Board j they shall also 
give aid and protection to persons saved, and shall assist them in reaching 
the nearest British Consulate ; they shall further take every possible care 
that the goods so recovered are safely stored and kept for the pu;pose of 
being handed over to the owner, captain, agent of the ship or British 
Consul, subject always to rights of salvage. 

His Highness's authorities shall further see that the nearest British 
Consulate is at once informed of such disaster having occurred. 

Should a British vessel wrecked on the coast of the mainland or islands 
within the dominions of the Sultan of Zanzibar.be plundered, the autho- 



p art IV Zanzibar-No. CVI, 



rities of His Highness shall, as soon as they come to know thereof, render 
prompt assistance and take measures to pursue and punish the robbers and 
recover the stolen property. Likewise, should a vessel of His Highness 
the Sultan of Zanzibar, or of one of his subjects, enter a British port in 
distress, or be wrecked off the coast of Her Majesty's dominions, the like 
help and assistance shall be rendered by the British authorities. 

ARTICLE 14. 

Should sailors or others belonging to a British ship of war, or merchant 
vessel, desert and take refuge on shore or on board of any of His High- 
ness's ships, the authorities of His Highness the Sultan of' Zanzibar shall, 
upon request of a Consular official, or in his absence of the captain of the 
ship, take the necessary steps in order to have them arrested and delivered 
over to the Consular official or to the captain. 

In this, however, the Consular officer and captain shall render every 
assistance. 

So also the authorities of His Highness the Sultan, in case of men 
deserting from ships of His Highness the Sultan, or of his subjects, and 
who have taken refuge on board of a British vessel in harbour, or in the 
house of a British subject on shore in Zanzibar, may apply to a British 
Consular official, or in his absence to the captain or house "occupant, who, 
unless there is reason to the contrary, shall take the necessary steps to 
cause them to quit the vessel or premises for the purpose of being returned 
to the captain or the Sultan's authorities. 

ARTICLE 15. 

Tn the event of goods or produce the property of or consigned to a 
British subject being seized as having been landed or passed under a 
false declaration and Tor the purpose of fraudulently evading payment of 
any duty or tax, the matter shall be immediately brought to the notice 
of the nearest British Consular authority, who shall thereupon enquire 
into the circumstances, and make such order therein as he t-hail see fit, 
with power to condemn and confiscate, either in whole or in part, for the 
benefit of His Highness the Sultan, the goods so seized, and, in addition, 
to punish the offender, if" a British subject, with fine, which fine, if any, 
shall be paid over to His Highness. 

ARTICLE 16. 

Subjects of Her Britannic Majesty shall, as regards their person and 
property, enjoy within the dominions of His Highness the Sultan of 
Zanzibar the rights of exterritoriality. 

The authorities of Highness the Sultan have no right to interfere in 
disputes between subjects of Her Britannic Majesty amongst themselves, or 
between them and members of other Christian nations ; sach questions, 



252 Zanzibar No. CVI. part IV 

whether of a civil or criminal nature, shall be decided by the competent 
Consular authorities. The trial, and also the punishment, of all offences and 
crimes of which British subjects may be accused within the dominions of 
His Highness the Sultan, also the 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 Highness the Sultan, or 
other non-Christian Power not represented by Consuls 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 oppor- 
tunity afforded for the British Consul or his substitute to attend at the 
hearing and final decision. 

ARTICLE 17. 

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 Consuls to the authorities of His Highness the Sultan for 
trial and punishment 

ARTICLE 18. 

Should a subject of Her Majesty, residing in the dominions of His High- 
ness 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 
6f British Bankruptcy Law. 

ARTICLE 19. 

Should a subject of His Highness the Sultan of Zanzibar resist or evade 
payment of the just and rightful claims of ^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. 

ARTICLE 20. 

Should a British subject die within the dominions of His Highness the 
Sultan of Zanzibar, or, dying elsewhere, leave property therein, movable or 



IV Zanzibar No. CVI. 253 

immovable, the British Consul shall be authorised to collect, realize, and 
take possession of the estate of the deceased, to be disposed of according 
to the provisions of British law. 

ARTICLE 21. 

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. 

ARTICLE 22. 

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 \arious 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. 

ARTICLE 23. 

Subjects of the two High Contracting Parties shall, within the dominions 
of each other, enjoy freedom of conscience and religious toleration. The 
free and public exercise of all forms of religion and the right to build edifices 
for religious worship, and to organize religious missions of all creeds, shall 
not be restricted or interfered with in any way whatsoever. 

Missionaries, scientists, and explorers, with their followers, property and 
collections, shall likewise be under the especial protection of the High 
Contracting Parties. 

ARTICLE 24. 

The stipulations of the present Treaty shall be applicable to all the 
Colonies and foreign possessions of Her Britannic Majesty so far as the laws 
permit, excepting to those hereinafter named, that is to say, except to-~ 



The Dominion of Canada, 

Newfoundland, 

The Cape, 

Natal, 

New South Wales, 



Victoria, 
Queensland, 
Tasmania, 
South Australia, 
Western Australia, 



New Zealand. 



254 Zanzibar No. CVI. Part IV 



Provided always that the stipulations of the present Treaty shall be 
made applicable to any of the above named Colonies or foreign possessions 
on whose behalf notice to that effect shall have been given by Her Britannic 
Majesty's Representative in Zanzibar to His Highness the Sultan within 
two years from the date of the exchange of the ratifications of the present 
Treaty. 

ARTICLE 25. 

The present Treaty has been executed in quadruplicate, two copies being 
written in English and two in Arabic. These are understood to be of similar 
import and signification ; in the event, however, of doubt hereafter arising 
as to the proper interpretation of the English or Arabic text of one or 
other of the Treaty stipulations, the English text shall be considered 
decisive. The Treaty shall come into operation on the first day of the 
next Zanzibar financial year, or, if the ratifications have not been 
previously exchanged, within one month after the date when this may 
take place. 

ARTICLE 26. 

The present Treaty shall remain in force for a period of fifteen years, 
to reckon from the day of the exchange of ratifications 

It shall be competent for the High Contracting Parties thereafter to 
move for a revision of the present Treaty, in order to allow of such 
alterations, additions, or amendments as experience may have shown to be 
necessary or desirable ; but such a motion must be notified by the party 
claiming" a revision one year previous to the expiration of the present 
Treaty, otherwise what is herein agreed upon shall be considered binding 
upon both parties for a further period of ten years. 



ARTICLE 27. 

The present Treaty shall be ratified and the ratifications exchanged at 
Zanzibar as soon as possible. 

In faith whereof the respective Plenipotentiaries have signed this 
Treaty, and have affixed thereto their seals. 

Done in quadruplicate, in the English and Arabic languages, at 
Zanzibar, the 30th day of April, in the year of our Lord 1 886, correspond- 
ing with the 25th day of Rejeb of the year of the Hejira 1303. 

[L.S,] JOHN KIRK. 
[L.S.] Signature in Arabic. 



IV Zanzibar-No. CVL 255 



TARIFF. 

TARIFF of the special duties referred to in the body of the TREATY \\hich His HIGHNESS 
the SULTAN of ZANZIBAR shall be entitled to le\y on such merchandi/e and 
produce as are herein named brought to the ports in His Highness's dominions, 
whether trom his own territories or from districts on the African Continent \\hich 
lie beyond. 

i. Ivory ...... . 1 5 per cent, ad valor em. 

2 - Copal ....... 15 

3. India-rubber ....... 15 99 

4. Cloves, without distinction as to origin ... 30 s , 

5. Semsem ........ 12 

6. Qrchilla weed coming from the districts between 

Kismayu and Warsheikh, both ports included 5 

From all other districts ..... 10 

7- Ebony ........ 5 

8. Borties (Zanzibar poles and rafters) . . 10 

9, Hides . ..... 10 

10. Rhinoceros horn and hippopotamus teeth .10,, n 

11. Tortoise shell ....... 10 

12. Cowry shells ....... 5 , f 

13. Native tobacco ....... 25 

14. Chillies ........ 10 

15. Ground nuts ...*. 12 , 9 

DoLc. 
1 6. Indian corn, C afire corn, mawele, lentils, and all 

other similar grains and legumes . , o 35 per gizla.* 

17. Rice in husk . . . , o 25 

18. Chiroko . . . . . , I 10 w 

19. Camels . . . * . 2 oo each. 
Horses . . * . . 10 oo 
Cattle . . * * . i co 
Sheep and goats * * * o 25 , 

Explanatory Note. 

It is fully understood by the High Contracting Parties that 

1. Merchandize and produce of all kinds, originating whether within 
the Sultanate of Zanzibar or from the territories to the west of His 
Highnesses dependencies on the mainland of Africa, and which are not 
mentioned in this Tariff, shall be free of any duty, 

2. That merchandize and produce included in the special Tariff, 
imported by sea from a foreign port into the dominions of His Highness 
the Sultan," shall be liable to pay the import duty of 5 per cent, ad valorem 
only, as is provided in this Treaty. 

This shall be a measure containing 360 Ibs. \\eight of CaSrc coin. 



256 Zanzibar No. CVII. Part IV 

3. That should Her Majesty's Government think fit, the produce of 
estates held by British subjects within the dominions of His Highness the 
Sultan of Zanzibar previous to the conclusion of this Treaty shall be in no 
way affected by any of the provisions thereof ; but a list of such estates 
shall in such case be prepared and agreed to 

(Signed) JOHN KlRK. 
(Signed) Signature in Arabic. 



No. CVII. 

DECREE OF THE SULTAN OF ZANZIBAR, IN THE NAME OF 
GOD, THE MERCIFUL, THE COMPASSIONATE, 1890. 

The following Decree is published by us, Seyyed All bin Sa'id, Sultan 
of Zanzibar, and is to be made knovvn to, and to be obeyed by, all our 
subjects within our dominions from this date : 

Decree. 

1. We hereby confirm all former decrees and ordinances made by our 
predecessors against slavery and the slave trade and declare that whether 
such decrees have hitherto been put in force or not, they shall for the 
future be binding on ourselves and on our subjects. 

2. We declare that, subject to the conditions stated below all slaves 
lawfully possessed on this date by our subjects shall remain with their 
owners as at present Their status shall be unchanged. 

3. We absolutely prohibit, from this date all exchange, sale or purchase 
of slaves, domestic or otherwise. There shall be no more traffic whatever 
in slaves of any description Any houses heretofore kept for traffic in 
domestic slaves by slave brokers shall be for ever closed, and any person, 
found acting as a broker for the exchange or sale of slaves shall be liable, 
under our orders, to severe punishment and to be deported from our domi- 
nions. Any Arab, or other of our subjects, hereafter found exchanging, 
purchasing, obtaining, or selling domestic or other slaves shall be liable, 
under our orders, to severe punishment, to deportation, and the forfeiture of 
all his slaves. Any house in which traffic of any kind in any description of 
slave may take place shall be forfeited. 

4. Slaves may be inherited at the death of their owner only by the law- 
ful children of the deceased. If the owner leaves no such children, his 
slaves shall ipso facto become free on the death of their owner. 

5. Any Arab, or other of our subjects, who shall habitually ill-treat his 
slaves, or shall be found in the possession of raw slaves, shall be liable, under 
our orders, to severe punishment and, in flagrant cases of cruelty, to the 
forfeiture of all his slaves. 



Part IV Zanzibar No- CVII. 257 



6, Such of our subjects as may marry persons subject to British juris- 
diction, as well as the issue of all such marriages, are hereby disabled from 
holding slaves, and all slaves of such of our subjects as are already so 
married are now declared to be free. 

7 All our subjects who, once slaves, have been freed by British author- 
ity, or who have long since been freed by persons subject to British juris- 
diction, are hereby disabled from holding slaves, and all slaves of such 
persons are now declared to be free. 

All slaves who, after the date of this decree, may lawfully obtain their 
freedom are for ever disqualified from holding slaves under pain of severe 
punishment. 

8. Every slave shall be entitled, as a right, at any time henceforth tc 
purchase his freedom at a just and reasonable tariff to be fixed by our- 
selves and our Arab subjects. The purchase-money on our orders shall be 
paid by the slave to his owner before a Kadi, who shall at once furnish the 
slave with a paper of freedom, and such freed slaves shall receive our 
special protection against ill-treatment, This protection shall also be 
specially extended to all slaves who may gain their freedom under any oi 
the provisions of this Decree. * 

9. From the date of this Decree every slave shall have the same rights 
as any of our other subjects who are not slaves, to bring and prosecute an] 
complaints or claims before our Kadis. 

Given under our hand and seal this I5th day of El Hej 1307 at Zanziba 
August A.D. 1890). 

(Signed) ALI-BIN-SA'ID, 

Suit an of Zanzibar* 




APPENDICES. 



TURKISH ARABIA, 



APPENDIX NO. i. Page r. 



CAPITULATIONS AND ARTICLES OF PEACE between Great Britain and the 
Ottoman Empire , as agreed upon, augmented^ and altered at 
different periods^ and finally confirmed by the Treaty of Peace 
concluded at the Dardanelles, in 1809.* 



SULTAN MEHEMED. 

MAY HE LIVE FOR EVER 1 

" Let everything be observed in conformity to these Capitulations, and 
contrary thereto let nothing be done" 

The command, under the sublime and lofty Signet, which imparts 
sublimity to every place, and under the Imperial and noble Cypher, whose 
glory is renowned throughout all the world, by the Emperor and Conqueror 
of the earth, achieved with the assistance of the Omnipotent, and by the 
special grace of God, is this : 

We, who by Divine grace, assistance, will and benevolence, now are 
the King of Kings of the world, the Prince of Emperors and of every age, 
the Dispenser of Crowns to Monarchs, and the Champion Sultan Mehemed, 
Son of Sultan Ibrahim Chan, Son of Sultan Ahmed Chan, Son of Sultan 
Mahomet Chan, Son of Sultan Murad Chan, Son of Sultan Selim Chan, 
Son of Sultan Solyman Chan, Son of Sultan Selim Chan. 

The most glorious amongst the great Princes professing the faith of 
Jesus, and the most conspicuous amongst the Potentates of the nation of 
the Messiah, and the umpire of public differences -that exist between 
Christian nations, clothed with the mantle of magnificence and majesty, 
Charles the Second, King of England, Scotland, France and Ireland (whose 
end terminate in bliss ! ) having sent an Ambassador to the Sublime Porte 
in the time of our grandfather Sultan Murad (whose tomb ^ be ever 
resplendent'), of glorious memory and full of divine mercy and pity, with 
professions of friendship, sincerity, devotion, partiality and benevolence, and 
demanding that His subjects might be at liberty to come and go into these 

* As published by the Levant Company, 1816. 
APPX. VOL, XIII. T 



Appendix No. J Turkish Arabia Capitulations. 



parts which permission was granted to them in the reign of the Monarch 
aforesaid, in addition to various other special commands, to the end that 
on coming and going, either by land or sea, in their way, passage and 
lodging, they might not experience any molestation or hinderance from any 
one, 

He represented, in the reign of our grandfather Sultan Mehemed Chan 
(whose tomb be ever resplendent 1 ), to our just and overshadowing Porte, 
his cordial esteem, alliance, sincere friendship and partiality thereto. As 
such privilege, therefore, had been granted to the Kings and sovereigns of 
France, Venice and Poland, who profess the most profound devotion^for 
our most eminent thione, and to others between whom and the Sublime 
Porte there exists a sincere amity and good understanding, so was the 
same, through friendship, in like manner granted to the said King ; and it 
was granted Him that His subjects and their interpreters might safely and 
secuiely come and trade in these our sacred Dominions 

The Capitulations of sublime dignity and our noble commands having 
been through friendship, thus granted to the Kings aforesaid, and the 
Queen of the above-mentioned Kingdoms having heretofore also sent a noble 
personage with presents to this victorious Porte, which is the refuge and 
retreat of the Kings of the world, the most exalted place, and the asylum 
of the Emperors of the universe (which gifts were graciously accepted), and 
She having earnestly implored the privilege in question, Her entreaties 
were acceded to, and these our high commands conceded to Her. 

1. That the English nation and merchants and all other merchants 
sailing under the English flag, with their ships and vessels, and 
merchandize of all descnpnons, shall and may pass safely by sea, and go 
ani come into our Ou:i . on-> without any the least prejudice or molestation 
being given to their persons, property, or effects by any person whatsoever, 
but that they shall be lett in the undisiurbed enjoyment oi their privileges, 
and be at liberty to attend to their affairs. 

2. That if any of the English coming into our Dominions by land be 
molested or detained, such persons shall be instantly released without any 
further obstruction being given to them. 

3. The English ships and vessels entering the ports and harbours of 
our Dominions shall and may at all times safely and securely abide and 
remain therein, and at their free will and pleasure depart therefrom, without 
any opposition or hinderance from any one, 

4. That if it shall happen that any of their ships suffer by stress of 
weather, and not be provided with necessary stores and requisites, they 
shall be assisted by all who happen to be present, whether the crews of 
our Imperial ships or others, both by sea and land. 

5. That being come into the ports and harbours of our Dominions, they 
^hall and may be at liberty to purchase at their pleasure, with their own 
mnney, pn visions and all other necessary articles, and to provide themselves 
with water without interruption or hinderance from any one. 



Appendix No. I Turkish Arabia 



6. That if any of their ships be wrecked upon any of the cuasts of 
our Dominions, all Beys, Cadis, Go\ernors, Commandants, and other& our 
servants, who may be near or present, shall give them all help, protection 
and assistance, and restore to them \\hatsue\er goods and effects may be 
driven ashore ; and in the event of any plundei being committed they 'shall 
make diligent search and inquiry to find out the property, which \\hen 
recovered shall be wholly restored by them. 

7. That the merchants, interpreters, brokers, and others of the said 
nation shall and may, both by sea and land, come into our Dominions, and 
there trade with the most perfect security ; and in coming and going, 
neither they nor their attendants shall receive any the least obstruction, 
molestation or injury, either in their persons or property, from the Bejs, 
Cadis, Sea-captains, soldiers and others our slaves. 

8. That if an Englishman, either for his own debt, or as surety for 
another, shall abscond or become bankrupt, the debts shall be demanded 
from the leal debtor only ; and unless the creditor be in possession of some 
security given by another, such person shall not be arrested, nor the 
payment of such debt be demanded of him. 

9. That in all transactions, matters and business occurring between 
the English and merchants of the countries to them subject, their attendants, 
interpreters, and brokers, and any other persons in our dominions, with 
regard to sales and purchases, credits, traffic or security, and all other legal 
matters, they shall be at liberty to repair to the Judge, and there make a 
hoget, or public authentic act, with witness, and register the suit, to the end 
that if in future any difference or dispute shall arise, they may both observe 
the said register and hoget ; and when the suit shall be found conformable 
thereto, it shall be observed accordingly. 

Should no such hoget, however, have been obtained from the Judge, and 
false witnesses only are produced, their suit shall not be listened to, but 
justice be always administered according to the legal hoget 

10. That if any shall caluminate an Englishman, by asserting that he 
hath been injured by him, and producing false witnesses against him, our 
Judges shall not give ear unto them, but the cause shall be referred to his 
Ambassador in order to his deciding the same, and that he may always have 
recourse to his protection. 

11. That if an Englishman, having committed an offence, sb^ll make 
his escape, no other Englishman, not being security for him, shall, under 
such pretext, be taken or molested. 

12. That if an Englishman, or subject of England, be found to be a 
slave in our States, and be demanded by the English Ambassador or Consul, 
due inquiry and examination shall be made into the causes thereof, and 
such person being found to be English shall be immediately released and 
delivered up to the Ambassador or Consul. 

13. That all Englishmen and subjects of England, who shall dwell or 
reside in our Dominions, whether they be married or single, artisans or 
merchants, shall be exempt froui all tribute. 

APPX. VOL. XIII* T 2 



{ v Append x No. i -Turkish Arabia Capitulations 

14. That the English Ambassadors shall and may, at their pleasure, 
establish Consuls in the ports of Aleppo, Alexandria, Tripoli, Barbary, 
Tunis, Tripoli of Syria and Barbary, Scio, Smyrna and Egypt, and in like 
manner remove them, and appoint others in their stead, without any one 
opposing them. 

15. That in all litigations occurring between the English, or subjects 
of England, and any other persons, the Judges shall not proceed to hear the 
cause without the presence of an Interpreter, or one of his deputies. 

1 6. That if there happen any suit, or other difference or dispute,, 
amongst the English themselves, the decision thereof shall be left to their 
own Ambassador or Consul according to their custom, without the Judge or 
other Governors our slaves intermeddling therein. 

17. That our ships and galleys, and all other vessels, which may 
fall in with any English ships in the seas of our Dominions shall not give 
them any molestation, nor detain them by demanding anything, but shall 
show good and mutual friendship the one to the other without occasioning 
them any prejudice. 

1 8. That all the Capitulations, privileges, and Articles granted to the 
French, Venetian, and other Princes, who are in amity with the Sublime 
Porte, having been in like manner, through favour, granted to the English, 
by virtue of our special command, the same shall be always observed accord- 
ing to the form and tenor thereof, so that no, one in future do presume to 
violate the same, or act in contravention thereof 

19. That if the corsairs or galliots of the Levant shall be found to 
have taken any English vessels, or robbed or plundered them of their goods 
and effects, also if any one shall have forcibly taken anything from the 
English, all possible diligence and exeition shall be used and employed for 
the discovery of the property, and inflicting condign punishment on those 
who may have committed such depredations ; and their ships goods, and 
effects shall be restored to them without delay or intrigue. 

20. That all our Beglerbeys, Imperial and private Captains, Governors, 
Commandants, and other Administrators, shall always strictly observe the 
tenor of these Imperial Capitulations, and respect the friendship and corre- 
spondence established on both sides, every one in particular taking special 
care not to let anything be done contrary thereto ; and as long as the said 
Monarch shall continue to evince true and sincere friendship, by a strict 
observance of the Articles and conditions herein stipulated, these Articles 
and conditions of peace and friendship shall, in like manner, be observed 
and kept on our part To the end, there! ore, that no act might be com- 
mitted in contravention thereof, certain clear and distinct Capitulations were 
conceded in the reign of our late grandfather, of happy memory (who^e 
tomb be ever resplendent !) 

Since which, in the time of our said grandfather, of happy memory, 
Sultan Ahmed (whose tomb be blessed !), James, King of England, sent an 
Ambassador with letters and presents (which vtere accepted;, and requested 



Appendix-No. I -Turkish Arabia Capitulation*. 



that the friendship and good understanding which existed between Him and 
the Porte in the days of our grandfalhc' , "of happy memory, as also the 
stipulations and conditions of the august Capitulations, might be ratified 
and confirmed and certain Articles added thereto, which request being 
represented to the Imperial Throne, express commands were given that, in 
consideration of the existing friendship and good understanding, and in 
conformity to the Capitulations conceded to other Princcb in amitv with the 
Sublime Porte, the Articles and st : ulntior? of the sacked Capitulations 
should be renewed and confirmed, and the tenor thereof be for ever observed, 
and amongst the Articles added to the C.j>'i V.'-Vri* conceded by the 
command aforesaid,at the request of the said King, were the following : 

21. That duties shall not be demanded or taken of the English, or 
the merchants sailing under the flag of that nation, on any piastres and 
sequins they may import into our sacred Dominions, or on those they may 
transport to any other place. 

22. That our Beglerbeys, Judges, Deftedars, and Masters of the mint 
shall not interpose any hmderance or obstacle thereto, by demanding either 
dollars or sequins from them, under the pretence of having them recoined 
and exchange d into other money, nor shall give them any molestation or 
trouble whatever with regard thereto. 

23 That the English nation, and all ships belonging to places sub" 
ject thereto, shall and may buy, sell, and trade in our sacred Dominions? 
and (except arms, gunpowder, and other prohibited commodities) load and 
transport in their ships every kind of merchandize, at their own pleasure, 
w ithout experiencing any the least obstacle or hinderance from any one ; and 
their ships and vessels shall and may at all times safely and securely come, 
abide, and trade in the ports and harbours of our sacred Dominions, and with 
their own money buy provisions and take in water without any hinderance 
or molestation from any one, 

24. That if an Englishman, or other subject of that nation, shall 
be involved in any lawsuit or other affair connected with law, the Judge 
shall not hear nor decide thereon until the Ambassador, Consul, or Inter- 
preter shall be present ; and all suits exceeding the value of 4,000 aspers 
shall be heard at the Sublime Porte, and nowhere else. 

25. That the Consuls appointed by the English Ambassador in our 
sacred Dominions, for the protection of their merchants, shall never, under 
any pretence, be imprisoned, nor their houses sealed up, nor themselves sent 
aw r ay ; but all suits or differences in which they may be involved shall be 
represented to our Sublime Porte, where their Ambassadors will answer for 
them. 

26. That in case any Englishman, or other person subject to that 
nation or na\ igating under its Sag, should happen to die in our sacred 
Dominions, our fiscal and other officers shall not, upon pretence of its not 
being known to whom the property belongs, interpose any opposition or 
violence, by taking or seizing the effects that may be found at his death, but 



Appendix No. I Turkish Arabia Capitulations. 



they shall be delivered up to such Englishman, whoever he may be, to whom 
the deceased may have left them by his will ; and should he have died 
intestate, then the property shall be delivered up to the English Consul, or 
his representative, who may be there present ; and in case there be no 
Consul, or Consular representative, they shall be sequestered by the Judge, 
in order to his delivering up the whole thereof, whenever any ship shall 
be sent by the Ambassador to receive the same. 

27. That all the privileges and other liberties already conceded, or 
hereafter to be conceded, to the English and other subjects of that nation 
sailing under their flag, by divers Imperial commands, shall be always 
obeyedj and observed, and interpreted in their favour, according to the 
tenor and true intent and meaning thereof ; neither shall any fees be 
demanded by the fiscal Officers and Judges in the distribution of their pro- 
perty and effects. 

28. That the Ambassadors and Consuls shall and may take into their 
service any Janizary or Interpreter they please without any other Janizary 
or other of our slaves intruding themselves into their service against their 
will and consent. 

29. That no obstruction or hinderance shall be given to the Ambas- 
sadors, Consuls, and other Englishmen who may be desirous of making wine 
in their own houses for the consumption of themselves and families ; neither 
shall the Janizaries our slaves, or others, presume to demand or exact any- 
thing from them, or do them any injustice or injury. 

30. That the English merchants having once paid the customs at 
Constantinople, Aleppo, Alexandria, Scio, Smyrna, and other ports of our 
sacred Dominions, not an asper more shall be taken or demanded from them 
at any other place, nor shall any obstacle be interposed to the exit of their 
merchandize. 

31. That having landed the merchandize imported by their ships 
into our sacred Dominions, and paid in any port the customs thereon, and 
being obliged, from the impossibility of selling the same there, to transport 
them to another port, the Commandants or Governors shall not, on the 
landing of such merchandize, exact from them any new custom or duty 
thereon, but shall suffer them, freely and unrestrictedly, to trade without any 
molestation or obstruction whatsoever. 

32. That no exercise or duty on animal food shall be demanded of the 
English or any subjects of that nation. 

33. That differences and disputes having heretofore arisen between 
the Ambassadors of the Queen of hngland and King of France touching 
the affair of the Flemish merchants, and both of them having presented 
memorials at our Imperial stirrup, praymc that such of the said merchants 
as should come into our sacred Dominions might navigate under their flag, 
hattisheriffs were granted to both parties ; but the Captain Pacha, Sinan, the' 
son of Cigala, now deceased, who was formerly Vizier, and well versed 
iu mantime affairs, having represented that it was expedient that such 



Appendix No. i Turkish Arabia. Capitulations. 



privilege should be granted to the Queen of England, and that the Flemish 
merchants should place themselves under Hei flag, as also the merchants of 
the four provinces of Holland, Zealand, Friesland and Guelderland, and 
all the other Viziers being likewise of opinion that they should all navigate 
under the Queen's flag, and, like ail the other English, pay the consulage 
and other duties, as well on their own merchandize as on those of others 
loaded by them in their ships, to the Queen's Ambassadors or Consuls, it 
was, by express order and Imperial authority, accordingly commanded that 
the French Ambassador or Consul should never hereafter oppose or inter- 
meddle herein, but in fulure act conformably to the tenor of the present 
Capitulation. 

After which, another Ambassador arrived from the said Queen, with 
the gifts and presents sent by Her, which being graciously accepted, the 
said Ambassador represented that the Queen desired that certain other 
privileges might be added to the Imperial Capitulations, whereof he 
furnished a list, one of which was, that certain Capitulations having 
been granted in the days of our grandfather, of happy memory (whose 
tomb be ever blessed ), to the end that the merchants of Spain, Portugal, 
Ancona, Sicily, Florence, Catalonia, Flanders and all other merchant- 
strangers, might go and come to our sacied Dominions, and manage 
their trade, it was stipulated, in such Capitulations, that they should be 
at liberty to appoint Consuls ; but each nation being unable to defray 
the charge and maintenance of a Consul, they were left at liberty to place 
themselves under the flag of any of the Kings in peace and amity with 
the Sublime Porte, and to have recourse to the protection of any of their 
Consuls, touching which privilege divers commands and Capitulations 
were repeatedly granted, and the said merchants ha-, ing by virtue thereof 
chosen to navigate under the English flag, and to have recourse in our 
harbours to the protection of the English Consuls, the French Ambassadors 
contended that the said merchant-strangers v\\ere entitled to the privilege 
of their Capitulations, and forced them to have recourse in all ports to 
their Consuls, which being represented by the said nations to our augxtsi 
tribunal, and their cause duly heard and decided, they were, for a second 
time, left to their free choice, when again having recourse to the protection 
of the English Ambassadors and Consuls, they "were continually molested 
and opposed by the French Ambassador, which being represented by the 
English, with a request that we would not accept the Articles added to 
the French Capitulations respecting the nations of merchant-strangers, 
but that it should be .again inserted in the Capitulations tiaat tfee said 
nations should, in the manner prescribed, have recourse to the protection 
of the English Consuls, and that hereafter they should never be vexed 
or molested by the French on this point, it was, by the Irngerial authority, 
accordingly commanded that the merchants ,of the countries aforesaid, 
should, in the manner prescribed, have recourse to the protection of the 
English Ambassadors and Consuls, conformably to the Imperial commands 
to them c< needed, and which particular was again registered in the 
Imperial Capitulations, mz^ that there should never be issued any 



Appendix No. t Turkish 



commands contrary to the tenor of these Capitulations which might tend 
to the prejudice or breach of our sincere friendship and good understand- 
ing, but that on such occasions the cause thereof should first be certified 
totiie Ambassador of England residing at our Sublime Porte, in order 
to his answering and objecting to anything that might tend to a breach 
of the Articles ot peace. 

34. That the English merchants, and oth^r subjects of that nation, 
shall and may, according to their condition, trade at Aleppo, Egypt, and 
other ports of our sacred Dominious, on paying (according to ancient 
custom) a duty of three per cent, on all their merchandize, without being 
bound to the disbursement of an asper more. 

35. That, in addition to the duty hitherto uniformly exacted on all 
merchandi2e, laden, imported, and transported in English ships, they 
shall also pay the whole of the consulage to the English Ambassadors 
and Consuls, 

36. That the English merchants, and all others sailing tinder their 
flag, shall and may, freely and unrestrictedly, trade and purchase all son s 
of merchadize (prohibited commodities alone excepted), and convey them, 
either by land or sea, or by way of the river Tanais, to the countries of 
Muscovy or Russia, and bring back from thence other merchandize 
into our sacred Dominions for the purposes of traffic, and also transport 
others to Persia and other conquered countries. 

37. That such customs only shall be demanded on the said goods in 
the conquered countries as have always been received there Without 
anything more being exacted. 

38. That should the ships bound for Constantinople be forced by con- 
tray winds to put into Caffa, or any other place of those parts and not be 
disposed to buy or sell anything, no one shall presume forcibly to take 
out or seize any part of their merchandize, or give to the ships or crews 
any molestation, or obstruct the vessels that are bound to those ports ; but 
our Governors shall always protect and defend them, and all their crews 
goods and effects, and not permit any damage or injury to he done to 
them . and should they be desirous of purchasing, with their own money, 
any provisions in the places where they may happen to be, or of 
hiring any carts or vessels (not before hired by others) for the transporta- 
tion of their goods, no one shall hinder or obstruct them therein. 

39. That customs shall not be demanded or taken on the merchandize 
brought by them in their ships to Constantinople, or any other port of 
our sacred Dominions, which they shall not, of their own free-will, land 
with a view to sale. 

40. That ^ on their ships arriving at any port, and landing their goods 
and merchandizes, they shall and may, after having paid their duties 
safely and securely depart without experiencing any molestation or obstruc' 
tion from any one. 



Appendix No. I Turkish Arabia. Capitulations ix 



41. That English ships coming into our sacred jJominions, and touch- 
ing at the ports of Barhary and of the Western Coast, used oftentimes to 
take on board pilgrims and other Turkish passengers with the intention of 
landing them at Alexandria and other ports of our sacred Dominions, on 
their arrival at which ports the Commandants and Governors demanded 
of them customs on the whole of their goods before they were landed, by 
reason of which outrage they have forborne receiving on board any more 
pilgrims, the more so as they were forced to take out of the ships that 
were bound to Constantinople the merchandize destined for other places 
besides exacting the duties on those that were not landed: all English 
ships, therefore, bound to Constantinople, Alexandria, Tripoli or Syria, 
Scanderoon, or other ports of our sacred Dominions, shall in future be 
bound to pay duties, according to custom, on such goods only as they 
shall, of their own free-will, land with a view to sale ; and for such 
merchandize as they shall not discharge, no custom or duty shall be 
demanded of them, neither shall the least molestation or hinderance be 
given to them, but they shall and may freely transport them wherever 
they please. 

42. That in case any Englishman, or other person navigating under, 
their flag, should happen to commit manslaughter, or any other crime 
cr be thereby involved in a lawsuit, the Governors in our sacred Dominions 
shall not proceed to the cause until the Ambassador or Consul -luJi be 
present, but they shall hear and decide it together without their presuming 
to give them any the least molestation, by hearing it alone, contrary to 
the holy law and these Capitulations. 

43. That notwithstanding it is stipulated by the Imperial Capitulations 
that the merchandize laden on board all English ships proceeding to our 
sacred Dominions shall moreover pay consulage to the Ambassador or 
Consul for those goods on which customs are payable, certain Mahometan 
merchants, Sciots, Franks, and ill-disposed persons object to the payment 
thereof ; wherefore it is hereby commanded that all the merchandize, unto 
whomsoever belonging, which shall be laden on board their ships, and 
have been used to pay custom, shall in future pay the consulage without 
any resistance or opposition. 

44. That the English and other merchants, navigating under their 
fla<r, who trade to Aleppo, shall pay such customs and other duties on the 
silks, brought and laden by them on board their ships, as are paid by the 
French and Venetians, and not one asper more. 

45. That the Ambassadors of the King of England, residing at the 
Sublime Porte, being the representatives of His Majesty, and the 
interpreters the representatives of the Ambassadors for such matters 
therefore, as the latter shall translate or speak, or for whatever sealed 
letter or memorial they may convey to any place in the name of their 
Ambassadors, it being found that which they have interpreted or translated 
is a true interpretation of the words and answers of the Ambassador or 
Consul they shall be always free from all imputation of fault or punishment ; 



Appendix No. i~ Turkish Arab a- Capitulations. 



and in case they shall commit any offence, our Judges and Governors shall 
not reprove, beat or put any of the said interpreters in prison, without 
the knowledge of the Ambassador or Consul. 

36. That in case any of the interpreters shall happen to die, if he be 
an Englishman proceeding from England, all his effects shall be taken 
possession of by the Ambassador Consul ; but should he be a subject of 
our Dominions, they shall be delivered up to his next heirs, and having no 
heir they shall be confiscated by our fiscal officers. 

And it was expressly commanded and ordained, that the abovemen- 
tioned Article and privileges should in future be strictly observed and 
pet formed, according to the form and tenor thereof. 



Since which time an Ambassador from the King of England came to 
the Sublime Porte, and represented that laws had been oftentimes promul- 
gated contrary to the tenor of the sacred Capitulations, which being 
produced without their knowledge to our Judges, and the dates of such laws 
being posterior to those of our Capitulations, the latter could not be carried 
into execution , his Sovereign therefore wished that such laws might not be 
executed, but that the Imperial Capitulations should be always observed and 
maintained according to the form and tenor thereof ; all which being repre- 
sented to the Imperial Throne, such request was acceded to, and, conformably 
thereto, it was expressly ordained and commanded that all such laws as 
already had been, or should thereafter be, promulgated contrary to the tenor 
of these Imperial Capitulations should, when pleaded or quoted before our 
Judges, never be admitted or carried into execution, but that the said Judges 
should ever obey and observe the tenor of the Imperial Capitulations. In 
the time of our glorious forefathers and most august predecessors, of happy 
memory, therefore, clear and distinct Capitulations ^as granted, which 
annulled such laws and directed them to be taken from those who produced 
them r 

After which, Sultan Osrnan Chan having ascended the Imperial Throne, 
the King of England sent another Ambassador, with letters and presents, 
which were graciously accepted, requesting that the imperial Capitulations 
granted in splendid and happy times, by the singular justice of our glorious 
forefathers, and by them confirmed and granted, might be renewed. 

And some time after His august coronation, the King of England ao- a in 
sent unto the Sublime Porte oae of His most distinguished and wise per- 
sonages as His Ambassador, with a letter and presents, which were graciously 
accepted, professing and demonstrating the most sincere friendship for the 
said Forts; and the said Ambassador having dewed, on the part of the 
King, that the Capitulations granted in the happy time of our glorious 
forefathers and august predecessors, as also those granted by the aforesaid 
buitan, might be renewed and confirmed, and certain important and necessary 
Articles added to the Imperial Capitulations and that others already granted 
mgfct be amended and more clearly expressed , such of his request was acceded 
to, and the Imperial Capitulations granted in the time of our most olonous 



Appendix No. i Turkish Arabia Capitulations* 



and august forefathers were confirmed, the Ai tides and stipulations renewed, 
and the conditions and Conventions observed. Whereupon express commands 
were given that the tenor of the sacred Capitulations should be strictly per- 
formed, and that no one should presume to contravene the same. And the 
said Ambassador having represented and notified to the Subline Throne that 
Governors and Commandants of many places had, contrary to the tenor of 
the Imperial Capitulations, molested and vexed with various inventions and 
innovations the English and other merchants subjects of that nation, trading 
to these our sacred Dominions, and desired that they might be prohibited 
from so doing, and some new Articles be added to the Imperial Capitulations, 
an Imperial order was accordingly granted, whereby it was expres&lv com- 
manded that the Articles newly added should be for ever strictly executed 
without any ojie ever presuming to violate the same. 

47. That whereas the corsairs of Tunis and Barbary having, contrary 
to the tenor of the Capitulations and our Imperial license, molested the 
merchants and other subjects of the King of England, as also those of 
other Kings in amity with the Sublime Porte, and plundered and pillaged 
their goods and property, it was expressly ordained and commanded that the 
goods so plundered should be restored and the captives released ; and that if 
after such commands the Tunisians and Algerines should, contrary to the 
tenor of our Capitulations, again molest the said merchants, and pillage their 
goods and property, and not restore the same, but convey them to the 
countries and ports of our sacred Dominions, and especially to Tunis, Barbary, 
Modon or Coron, the Beglerbeys, Governors and Commandants of such, 
places should, in future, banish and punish them, and nqt permit them to 
sell the sg,me. 

48, That it is written and registered in the Capitulations that^ the 
Governors and officers of Aleppo, and other parts of our sacred Dominions, 
should not, contrary to the tenor of the said Capitulations, forcibly take from 
the English merchants any money for their silk, under the pretence of custom 
or other duty, but that the said merchants should pay for the silk, by them 
purchased at Aleppo, the same as the French and Venetians do, and no more. 
Notwithstanding which, the Commandants of Aleppo have, under colour of 
custom apd duty, demanded two and a h^lf per cent, for their sill?, and 
thereby taken their money : wherefore We command that this matter be 
investigated and inquired into, in order that such money may be refunded tc 
them by those who have t^ken the same ; ^nd for the future the duty exacted 
from them shall be according to ancient custom, and as the Venetians and 
French were accustomed to pay, so that not a single asper more be taken by 
any new imposition. 

49. That the merchants of the aforesaid nation, resident at ^ Qalata, 
buy and receive divers goods, waies and merchandizes, and after having paid 
to our customer the duties thereon, and received atescare, ascertaining their 
having paid the same, preparatory to loading such goods in due time on board 
their ships, it sometimes happens that, in the interim, the customer either 
dies, or is removed from his situation, and his successor will not accept or 



Appendix No. i Turkish Arabia distillations 



the said tescare, but demands a fresh duty from the said merchants, thereby 
molesting them in various ways ; wherefore We do command that, on its 
reallv and truly appearing that they have once paid the duties on the goods 
purchabed, the customer shall receive the said tescare \uthout demanding 
any fresh duty. 

50, That the merchants of the aforesaid nation, after having once paid 
the duties, and received the tescare, tor the camlets, mohair, silk, and other 
merchandize, purchased by them at Angora, and transported to Constantinople 
and other ports of our sacred Dominions, and having deposited such goods in 
their own warehouses, have been again applied to for duties thereon : We do 
therefore hereby command that they shall no longer be molested or vexed on 
that head, but that when the said merchants shall be desirous of loading such 
goods on board their ships, and on its, appearing by the tescare that they have 
already paid the duties thereon, no fresh custom or duty shall be demanded 
for the said goods, pro\ ided that the said merchants do not blend or intermix 
the goods \\hich have not paid custom with those which have. 

51 That the merchants of the aforesaid nation, having once paid the 
customs on the merchandize imputed into Constantinople, and other ports of 
our sacred Dominions, and on those exported therefrom, as silks, camlets, and 
other goods, and being unable to sell the said goods, are under the necessity 
of transporting them to Smyrna, Scio, and other ports ; on their arrival 
there the Governors and custom-house officers of such ports shall always 
accept their tescares, and forbear exacting any further duty on the said 
merchandize. 

52, That for the goods uhich the merchants of the nation aforesaid 
shall bring to Constantinople, and other ports of our sacred Dominions, and 
for those they shall export from the said places, Mastariagi of Galata and 
Constantinople shall take their mastdna, according to the old canon and 
ancient usage, that is to say, for those merchandizes only whereon it was 
usually paid ; but for such merchandizes as have not been accustomsd to pay 
the same, nothing shall be taken contrary to the said canon, neither shall 
any innovations be made m future with regard to English merchandize, nor 
shall one asper more be taktn than is warranted by custom. 

53. That the merchants of the aforesaid nation shall and may always 
come and go into the ports and harbours of our sacred Dominions, and trade, 
without experiencing any obstacle from any one, with the cloths, kersies, 
spice, tin, lead, and other merchandize they may bring, and, with the excep- 
tion of prohibited goods, shall and may, in like manner, buy and export all 
sorts of merchandize without any one presuming to prohibit or molest them ; 
and our customers and other officers, after having received the duties thereon] 
according to ancient custom and the tenor of these sacred Capitulations' 
shall not demand of them anything more, touching which point certain clear 
and distinct Capitulations were granted, to the end that the Beglerbeys and 
other Commandants, our subjects, as also the Commandants and Lieutenants 
of our harbours, might always act in conformity to these our Imperial 
commands, and let nothing be done contrary thereto. 



Appendix No, i~ Turkish Arabia Capitulations, aciii 

After which, in the time of our uncle, deceased, blessed and translated 
to Paradise, Sultan Murad Chan '\\ hose tomb be ever resplendent!), the 
aforesaid King of England sent Sir Sackville Crou, Baronet, as His Ambas- 
sador, with a letter and presents, x^hich \\ere graciously accepted , but the 
time of his embassy being expiied, another Ambassador, named Sir Thomas 
Bendish, anrived, to reside at the Porte in his stead, with His presents and 
a courteous letter professing the utmost friendship, devotion, and sincerity ; 
and the said Ambassador having brought the Capitulations formerly granted 
to the English, and required they might be renewed according to cubtom, he 
represented the damage and injury sustained by the English contrary to the 
tenor of various Articles of the Capitulation, mz. 

1 hat before the English merchants repaired to the custom-house, some 
one went on board the ship and forcibly took out their goods ; and before 
any price could be fixed on the best and most valuable articles, or the 
accounts made out, he took and carried them away ; and that the said 
merchants, having punctually paid the duties thereon in one port, and being 
desirous of transporting the same goods to another port, the customer 
detained them, and would not suffer them to depart until they had paid the 
duties a second time and whereas it is specified in the Capitulations, that 
in all suits wherein the English are parties, our Judges are not to hear or 
decide the same, unless their Ambassador or Consul be present; notwith- 
standing which, our Judges, without the knowledge of their Ambassador, 
* have proceeded to imprison and exact presents from the English merchants, 

and other subjects of that nation, besides being guilty of other oppressions : 
and whereas it is further ordered in the Capitulations that no duties shall 
be taken on such sequins and piastres as by the English merchants shall be 
brought in, or carried out of, our Imperial Dominions, and that a duty of 
three per cent, only shall be demanded on their goods ; notwithstanding 
which, the customers have exacted duties on the sequins and dollars, and 
demanded more duties than were due on the silk bought by them, besides 
demanding six per cent on the goods transported from Alexandria to 
Aleppo, which abuses were heretofore rectified by an express battisheriff , 
notwithstanding which the English merchants still continued to experience 
some molestation, by the customers valuing their goods at more than they 
were worth, so that although it was the custom to receive but three per 
cent, only, the latter exacted six per cent, from them, and the servants of 
the custom-house, under colour of certain petty charges, took from them 
various sums of money, and that a greater number of waiters were put on 
board their ships than usual, the expenses attending which^were a great 
burthen to the merchant and masters of ships who sustained it 

That the customers, desirous to value goods at more than their worth, 
were not satislied \\ith the merchant* paying them duties on the same 
'goods at the rate of three per cent., but interposed numerous difficulties 
and obstacles . 

t The said Ambassador having requested, therefore, that such abuses 

might be rectified, and the laws of the Imperial Capitulations be duly 



Appendix No. i Turkish Arabia Capitulations. 



executed, his request was presented to the Imperial Throne, when We 
were graciously pleased to order : 

54 That the English merchants having once paid the duties on their 
merchandize, at the rate of three per cent., and taken them out of ^ their 
ships, no one shall demand or exact from them anything more without 
their consent: and it was moreover expressly commanded that the 
English merchants should not be molested or vexed, in manner aforesaid, 
contrary to the Articles of the Capitulations. 

Since which, another Ambassador of the King of England, Sir Heneage 
Finch, Knight, Earl of Winchelsea, Viscount Maidstune, and Baron Fitzher- 
bert of Eastwell, arrived to reside at the Sublime Porte, with presents and a 
courteous letter, demonstrating His sincere friendship, and professing the 
utmost cordiality and devotion; which Ambassador also presented the Capi- 
tulations, and requested that the most necessary and important Articles 
thereof might be renewed and confirmed, according to custom, which request 
was graciously acceded to, aud thedebired privileges granted to him, we.; 

55. That the Imperial fleet, galleys, and other vessels, departing 
from our sacred Dominions, and falling in with English ships at sea, -shall 
in nowise molest or detain them,, nor take from them anything whatsoever, 
but always show to one another good friendship, without occasioning them 
the least damage or injury ; and notwithstanding it is thus declared in the 
Imperial Capitulations, the said English ships are still molested by the ships 
of the Imperial fleet, and by the Beys and Captains who navigate the 
seas, as also by those ot Algiers, Tunis, and Barbary, who, falling in 
with them whilst sailing from one port to another, detain them for the 
mere purpose of plunder, under colour of searching for enemy's property, 
and under that pretence prevent them from prosecuting their voyage . now 
We do hereby expressly command that the provisions of the old canon be 
executed at the castles and in the ports only, and nowhere tlse, and that 
they shall no longer be liable to any further search or exaction at sea, 
under colour of search or examination, 

56. That the said Ambassador paving represented that our customers 
after having been fully paid the proper duties by the English merchants on 
their goods, delayed contrary to the Articles and stipulations of the Capi- 
tulations, to give them the tescares oHhe goods for which they had already 
received the dtfty, with the sole view of oppressing and doing them 
injustice ; We do hereby strictly command that the said customers do 
irever more delay granting them the tescares, and the goods whereon 
they have onte paid fihe duty being transported to another port, in conse- 
quence of no opportunity of ?ale having occurred in the former port, 
entire credit shall be given to the tescares, ascertaining the payment 
already made> agreeably to the Capitulations granted to them, and no 
molestation shall be given to them, nor any new duty demanded, 

57. That notwithstanding it is stipulated by the Capitulations that 
the English merchants, and other subjects of that nation, shall and may , 



Appendix No. i -Turkish Arabia Capitulations. xv 



according to their rank and condition, trade to Aleppo, Egypt, and other 
parts of our Imperial Dominions, and for all their goods, wares, and mer- 
chandize pay a duty of three per cent, only, and nothing more, according 
to ancient custom, the customers have molested the English merchants, 
with a view to oppress them and the subjects of that nation, on their 
arrival with their goods laden on board their ships, whether conveyed by 
sea or land, at our ports and harbours, under pretence of the goods so 
brought by them not belonging to the English ; and that for goods brought 
from England they demanded three per cent, only, but for those brought by 
them from Venice and other ports they exacted more ; wherefore, on thfs 
point, let the Imperial Capitulations granted in former times be observed, 
and our Governors and officers in nowise permit or consent to the same 
being infringed. 

58 That whereas it is specified in the Capitulations that in case an 
Englishman should become a debtor or surety, or run away or fail, the debt 
shall be demanded of the debtor ; and if the creditor be not in possession 
of some legal document given by the surety, he shall not be arrested, nor 
such debt be demanded of him ; should an English merchant resident in 
another country, with the sole view of freeing himself from the payment of 
a debt, draw a bill of exchange from another merchant, living in Turkey, 
and the person to whom the same is payable, being a man of power and 
authority, should molest such merchant who had contracted no debt to the 
drawer, and oppress him, contrary to law and the sacred Capitulations, by 
contending that the bill was drawn upon him, and that he was bound to pay 
the debt of the other merchant ; now We do hereby expressly command 
that no such molestation be given in future, but if such merchants shall accept 
the bill, they shall proceed in manner and form therein pointed out ; but 
should he refuse to accept it, he shall be liable to no further trouble. 

59. That the Interpreters of the English Ambassadors having always 
been free and exempt from all contributions and impositions whatever, 
respect shall in future be paid to the Articles of the Capitulations stipulated 
in ancient times without the fiscal officers intermeddling with the effects of 
any of the Interpreters who may happen to die, which effects shall be 
distributed amongst his heirs. 

60. That the aforesaid King having been a true friend of our Sublime 
Porte, His Ambassador, who resides here, shall be allowed ten servants, oi 
any nation whatsoever, who shall be exempt from impositions and in nc 
manner molested. 

61. That if any Englishman should turn Turk, and it should be repre 
sented and proved that, besides his own goods, he has in his hands an] 
property belonging to another person in England, such property shall b 
taken from him, and delivered up to the Ambassador or Consul, that the 
may convey the same to the owner thereof. 

The Ambassador of the aforesaid King, who resided in our Sublime Porti 
being dead, Sir John Finch Knight, a prudent man, was sent as Ambassadt 



xvi Appendix No. I- Turkish Arabia. Capitulations. 

to the Imperial Throne, and to reside at our Sublime Porte, with a 
letter and presents, which on arrival and presentation to our glorious and 
Imperial presence, were graciously accepted, and the said Ambassador 
having brought with him the sacred Capitulations, heretofore granted by 
our August Pei son and represented to Us, on the part of the aforesaid 
King, His Majesty's desire tnat they should be renewed and confirmed, 
according Lo custom, and certain new Articles added to them , to which 
request We most graciously acceded, by commanding that such additional 
Articles be registered in the Imperial Capitulations, of which one was the 
Imperial command, to which was affixed the hattisheriff, that is, the hand of 
our deceased glorious father, absolved by God, Sultan Ibrahim (whose soul 
rest in glory and divine mercy !), in the year 1053 to wit. 

62. That for every piece of cloth, called Londra, which, from ancient 
times, was always brought by the British ships to Alexandria, there should 
be taken in that place a duty of forty paras, for every piece of kersey six 
paras, for every bale of hareskinb six paras, and for every quaintal of tin 
and lead, Damascus weight, fifty seven paras and a half. 

63. That on afterwards transporting the said goods from Alexandria 
to Aleppo, there should be demanded, by the custom-house officers of 
Aleppo, for every piece of Londra eighty paras, for a piece of kersey eight 
paras and two aspers, for every bundle of hareskins eight paras and two 
aspers, and for every Aleppo weight of tin and lead one para. 

64. That on the goods purchased by the aforesaid nation at Aleppo, 
there should be paid for transport duty, on every bale of unbleached linen, 
cordovans, and chorasani-hindi two dollars and a half, for every bale of 
cotton yarn one dollar and a quartar, for every bale of galls one quarter, for 
every bale of silk ten osmans ; and for rhubarb and other trifles, and various 
sorts of drugs, according to a valuation to be made by the appraiser, there 
should be taken a duty of three per cent 

65 That on carrying the said goods to Alexandria, and there loading 
them on board their ships, there should be taken for transport duty, on every 
bale of unbleached linen and cordovans one dollar and a half, for every bale 
of chorasani-hindi and cotton yarn three-quarters, for every bale of galls one- 
quarter ; and for rhubarb and other trifles, and various sorts of drugs, after a 
valuation made thereof, there should be taken three-quarters of a piastre ; 
and that for the future no demand whatever to the contrary should be 
submitted to. 

66. That all commands issued by the Chamber contrary to the above- 
mentioned Articles should not be obeyed ; but for the tuture everything be 
observed conformably to the tenor of the Capitulations and the Imperial 
Signet. 

67. It being stipulated by the Capitulations that the English merchants 
shall pay a duty of three per cent, on all goods by them imported and 
exported without being bound to pay an asper more, and disputes having 



Appendix No. i -Turkish Arabia Capitulatio 



arisen with the customers on this head, they shall continue to pay duty < 
heretofore paid by them, at a rate of three per cent, only, neither more "n< 
less. 

68. That for the London and other cloths manufactured in Englan 
whether fine or coarse, and of whatsoever price, imported by them into th 
ports of Constantinople and Galatta, there shall be taken according to th 
ancient canons, and as they have always hitherto paid, one hundred an 
forty-four aspers, computing the dollar at eighty aspers and the leoni '< 
seventy, and nothing more shall be exacted from them ; but the cloths c 
Holland and other countries, ^/5., serges, Londrina scarlets and other cloth; 
shall pay, for the future, that which hitherto has been the accustomed duty 
and at Smyrna likewise shall be paid according to ancient custom, calculate 
in dollars and leones, for every piece of London or other cloth of Englis 
fabric, whether fine or coarse, one hundred and twenty aspers, without a 
asper more being demanded, or any innovation being made therein. 

69. It being registered in the Imperial Capitulations that all suit 
wherein the English are parties, and exceeding the sum of four thousan 
aspers, shall be heard in our Sublime Porte, and nowhere else. 

That if at any time the Commanders and Governors should arrest an 
English merchants, or other Englishman, on the point of departuie by an 
ship, by reason of any debt or demand upon him, if the Consul of the plac 
will give bail for him, by offering himself as surety until such suit shall t 
decided in our Imperial Divan, such person so arrested shall be releasec 
and not imprisoned or prevented f rorr prosecuting his voyage, and they wh 
claim anything from him shall present themselves in our Imperial Divan, an 
there submit their claims, in order that the Ambassador may furnish a 
answer thereto. With regard to those for whom the Consul shall not hav 
given bail the Commandant may act as he shall think proper. 

70. That all English ships coming to the ports of Constantinople 
Alexandria, Smyrna, Cyprus, and other ports of our sacred Dominions, shal 
pay three hundred aspers for anchorage duty without an asper more beinj 
demanded from them. 

71. That should any Englishman coming with merchandize turn Turk 
and the goods so imported by him be proved to belong to merchants o 
his own country from whom he had taken them, the whole shall be detainee 
with the ready money, and delivered up to the Ambassador, in order to hi 
traasmitting the same to the right owners, without any of our Judges o 
officers interposing any obstacle or hinderance thereto. 

72. That no molestation shall be given to any of the aforesaid nation 
buying camlets, mohairs, or grogram yarn at Angora and Beghbazar, an< 
desirous of exporting the same from thence, after having paid the duty o 
three per cent by any demand of customs for the exportation thereoi 
neither shall one asper more be demanded of them. 

73. That should any suit be instituted by an English merchant for th 
amount of a debt, and the same be recovered by means of the assistance c 

APPX. VOL, XIII U 



xviii Appendix No. I -Turkish Arabia Capitulations. 

a chiaux, he shall pay him out of the money recovered two per cent., and 
what is usually paid for fees in the Mehkeme, or Court of Justice, and not 
an asper more. 

74. That the King having always been a friend to the Sublime Porte > 
out of regard to such good friendship, His Majesty shall and may, v\ith 
His own money, purchase for his own kitchen, at Smyrna, Salonica, or any 
other port of our sacred Dominions in fertile and abundant years, and not 
in times of deaith or scarcity, two cargoes of figs and raisins, and after 
having paid a duty of three per cent thereon, no obstacle or hindrance 
shall be given thereto. 

75. That it being represented to us that the English merchants have 
been accustomed hitherto to pay no custom or scale duty, either on the 
silks brought by them at Brassa and Constantinople or on those which come 
from Persia and Georgia, and are purchased by them at Smyrna from the 
Armenians , if such usage or custom really exists, and the same be not 
prejudicial to the Empire, such duty shall not be paid in future and the said 
Ambassador, having requested that the foregoing Articles might be duly 
respected and added to the Imperial Capitulations, his request was acceded 
to ; therefore, in the same manner as the Capitulations were heretofore con- 
ceded by our ^Imperial hattisheriff, so are they now in like manner renewed 
by our Imperial command ; wherefore, in conformity to the Imperial Signet, 
We have again granted these sacred Capitulations, which We command to 
be observed so long as the said King shall continue to maintain that good 
friendship and understanding with our Sublime Porte which was mentioned 
in the happy time of our glorious ancestors, which friendship We on our part 
accent ; and adhering to these Articles and st'pn Maoris, We c|o hereby 
promise and swear by the one Omnipotent God, ilu Creator of heaven and 
earth and of all creatures, that we will permit nothing to be done or trans- 
acted contrary to the tenor of the Articles and stipulations heretofore 
made^ and these Imperial Capitulations ; and accordingly every one is. to 
yield implicit faith and obedience to this our Imperial bignet, affixed in the 
middle of the month of Gamaziel in the year 1086 (corresponding with the 
year of our Lord 1675). 



Treaty between Great Britain Traite entre la Grande Bretagne 

and the Sublime Porte. Con- et la Sublime Porte. Fait pres 

eluded at the Dardanelles, the des Chateaux des Dardanelles, le 

$tk of January 1809. $ Janvier 1809. 

(Translation]. 

In the name of the Most Merci- Au Mom de Dieu Tres Mese*ri 

cordieax! 



- No. i Turkish 



The object of this faithful and 
authentic instrument is as iol- 
lows 

Notwithstanding the rr.pecrrrccs 
of a misunderstanding between the 
Court ot Great B.itain aiid the 
Sublime Ottoman Porte, consequent 
upon the occurrences ot the 
moment, the t\t o Powers, equally 
animated with a sincere d< sue of 
re-cstablishirg the ancient friend- 
ship nhich subsisted between them, 
have named then Plenipotentiaries 
for that purpose , that is to say, 
His Most August and Most 
Honoured Majesty George the 
Third, King of the United King- 
dom of Great Britain and Ireland, 
h?s named for Hib Plenipotentiary, 
Robert Adair, Esq., one of the 
Members of the Royal Parliament 
of Great Britain , and His Majesty 
the Most Noble, Most Powerful, 
and Most Magnificent Sultan 
Mahomet Han II, Emperor of the 
Ottomans, has named for His Pleni- 
potentiary, Scyde, Mehmed-Ernin- 
Vahid Effendi, Director and 
Inspector of the Department called 
" &iercoujat } " and invested with 
the rank of "NicAangt" of the 
Imperial Divan ; who, having reci- 
procally communicated to each 
other their full Powers, after 
several conferences and discussions, 
have concluded the peace equally 
desired by both Powers, and 
have agreed upon the following 
Articles : 

i. From the moment of singning 
the present Treaty, every act of 
hostility between England and 
Turkey shall cease ; and in further- 
ance of this happy peace, the 
prisoners on both sides shall be 
exchanged without distinction m 
APPX. VOL. Xiu 



L'objot do cet Instrument fiu&U: et 
autncntique est ce qui suit 

Nonobstant les apparences d'une 
musintellioenc? survenne h la suite 
des evcnemens c^n temp? entre 3a Cour 
de la Grande Bretagne et la Sublime 
Pcrte Ottomane, ces deux Puissances 
egalement ammccs au ccsir tin cere de 
rctablir 1'ancienne amitie qui sutsistait 
entre Elles, ont nomme pour c>~t eftet 
Leurs Pieuioctertiaircs re*pecti^, 
savoir : Sa Majes^te le Tres Angela 
et Tis Houore George III, Ru* 
i v Padishah) du Royaunie Uni de la 
Grande Bretagne "et de PHande a 
nommt pour Son Plonipotetitiaire 
Robert Adair, cu)*er Membre du 
Pailement Royal de la Grande Bre- 
tagne ; et Sa Majeste le Tres 
Majestueux, Tres Puissant, et Tres 
Magmfique Sultan Mahmoud Han II, 
Empereur des Ottomans, a nomme 
pour Son Plenipotentiaire Seyde 
Mehmed-Emin-Vahid Eiftndi, Direct- 
eur et Inspecteur du Depaitement 
appe!6 Mcscot'fat) et rev^tu du rang 
de ftichawgi du Divan Imperial ; 
lesquel s^tant reciproquement com- 
muniques leurs Pleins pouvoirs ont, 
apres plusieurs conterences et dis- 
cussions, conclu la paix 6galement 
esiree des deux Puissances, et sont 
convenus des Articles suivans : 



i. Du moment de la signature da 
present Traite, tout acte d'hostilite" 
doit cesser entre i'Angleterre et la 
Turqui'e, et les prisonniers de part et 
d'autre doivent, en vertu de cette 
heureuse paix 5 e"tre echanges sans 
hesHation, en trente-un jours arres 

U 2 



Appendix No. I Turkish Arabia Capitulations. 



thirty-one days from the signature 
of this Treaty, or sooner if possible. 
2. Should any fortresses belong- 
ing to tho Sublime Porte be in the 
possession of Great Britain, they 
shall be restored to the Sublime 
Porte, and g^'en up, with all the 
cannons, warlike stores, and other 
effects in the condition in vihich 
they were found at the time of 
their being occupied by England, 
and this restitution shall be made 
in the space of thirty-one days 
from the signature of the present 
Treaty. 

3. Should there be any effect 
and property belonging to English 
merchants und^r sequestration 
within the jurisdiction of the 
Sublime Porte, the same shall be 
entirely given up and restored to 
the proprietors ; and in like manner 
should there be any effects, 
property, and vessels belonging to 
merchants, subjects of the Sublime 
Porte, under sequestration at 
Malta, or in any other islands and 
possessions of His Britannic Majesty 
they also shall be entirely given 
up and restored to their proprie- 
tors. 

4, The Treaty of Capitulations 
agreed upon in the Turkish year 
1086 (A. D. 1675), in the middle 
of the month Gemmazi-el-Akir, as 
also the act relating to the Com- 
merce of the Black Sea and the 
other privileges (hnttdzat) equally 
established by Acts at subsequent 
periods, shall continue to be 
observed and maintained as if they 
had suffered no interruption. 

5- In return for the indulgence 
andjfgood treatment afforded bv 
the Sublime Porte to English 



Tepoque de la signature de ce Traite*, 
on plus-t6t si faire se pourra. 

2 S'il se trouvera des Places ap- 
partenantes a la Sublime Porte dans 
Toccupation de la Grande Bretagne, 
elles devront tre restituees, et remises 
a la Sublime Porte, avec tous les 
canons, munitions et autres effets, 
dans la meme condition ou elles se 
trouvaient lors de leur occupation par 
TAngleterre, et cette restitution devra 
se faire dans 1'espace de trente-un 
jours apres la signature de ce present 
Traite. 

3. S'il y aurait des effets et 
proprietes appartenans aux negocians 
Anglais en sequestre sous la jurisdic- 
tion de la Sublime Porte, ils doivent 
fetre entierement rendus et remis aux 
proprietaires ; et pareillement s'il y 
aurait des effets, propriety's et vais- 
seaux appartenans aux negocians et 
sujets de la Sublime Porte en seques- 
tre a Malte, ou dans les autres fles 
et Etats de Sa Majeste Britannique, 
ils doivent egalement tre entiere- 
ment rendus et remis leurs pro- 
prietaires. 



4. Le Traite des Capitulations 
stipule en Tannee Turque 1086, a la 
mi de la lune Gemmaziel Akir, ainsi 
que 1'Acte relatif au commerce de la 
Mer-Noire et les autres privileges 
(Imt^a^af] Egalement etablis par des 
Actes a des epoques subse*quentes, 
doivent fetre observes et maintenus 
comme par le passecomme s'ils 
n j avaient souffert aucune interruption. 



5. En vertu du bon tiaitement et 
de la faveur accordee par la Sublime 
Porte aux negocians Anglais, a 



Appendix No. I Turkish Arabia Capitulations. 



3TX1 



merchants, with respect to their 
goods and property, as \\ell as in 
all matters tending to facilitate 
their commerce, England shall 
reciprocally extend e\ery indul- 
gence and friendly treatment to 
the flacr, subjects, and merchants 
of the Sublime Porte which may 
hereafter frequent the Dominions 
of His Britannic Majesty for the 
purposes of commerce. 

6. The lat custom-house tariff 
established at Constantinople at 
the ancient rate of 3 per cent., 
and particularly the Article relating 
to the interior commerce, shall 
continue to be observed as they 
are at present regulated, and to 
which England promises to 
conform. 

7. Ambassadors from His Majes- 
ty the King of Great Britain shall 
enjoy all the honours enjoyed by 
Ambassadors to the Sublime Porte 
from other nations ; and Ambassa- 
dors from the Sublime Porte at 
the Court of London shall recipro- 
cally enjoy all the honours granted 
to the Ambassadors from Great 
Britain. 



8. Consuls (Shahbenders) may 
be appointed at Malta and in the 
Dominions of His Britannic Majesty 
where it shall be necessary to 
manage and superintend the affairs 
and interests of merchants of the 
Sublime Porte; and similar pri- 
vileges and immunities to those 
granted to English Consuls resi- 
dent in the Ottoman Dominions 
shall be duly afforded to the 
" Skahbenders" of the Sublime 
Porte. 



Tegard de leurs merchandises et pro- 
pn^tes, et par rapport a tout ce dont 
leurs vaissaux ont besom, ainsi que 
dans tous les objets tendant 
faciliter leur comrreice, i'Angleterre 
aecordera reciproquernent sa pleine 
faveur et un traitement arnica! aux 
pavilions, sujets et negocians de la 
Sublime Porte, qui dorenavant tre- 
quentcront les Etats de Sa Majesce 
Brit anni que pour y exercer le com- 
merce. 

6. Le tarif de la douane qui a 
ete fixe a Constantinople en dernier 
lieu sur Pancien taux de 3 pour cent, 
et specialement I' Article qui regarde 
le commerce interieur, seront observes 
pour tou jours, ainsi qu'ils ont 6te 
regies : c'est a quoi I'Angleterre 
promet de se conf ormer. 

7. Les Ambassadeurs de sa Majestf* 
le Roi de la Grande Bretagne 
jouiront pleinement des honneurs 
dont jouissent les Ambassadeurs des 
autres nations pr&s la Sublime Porte, 
et reciproquement les Ambassadeurs 
de la Sublime Porte pr&s la Cour de 
Londres, jouiront pleinement de tous 
les honneurs qui seront accordes 
aux Ambassadeurs de la Grande 
Bretagne. 

8. II sera permis de nommer des 
Shahbenders (Consuls) a Malte, et 
dans les Etats de Sa Majeste Bri- 
tannique, ou ii sera n6cessaire pour 
gerer et inspecter les affaires et lea 
intrts des negocians de la Sublime 
Porte ; et les mmes traitemens et 
5mmunits qui sont pratiques envers 
les Consuls d'Angleterre r6sidans 
dans les Etats Ottomans, seront ex- 
actement observes envers les Shak* 
lenders de la Svblime Porte, 



Appendix No. I Turkish Arabia Capitulations* 



9- English Ambassadors and 
Consuls may supply themselves, 
according to custom, with such 
Dragomen as they shall stand in 
need of , but as it has already been 
mutually agreed upon that the 
Sublime Porte shall not grant the 
" Barat" of Dragoman in favour 
of individuals who do not execute 
that duty in the place of their 
destination it is settled, in con- 
formity with this principle, that in 
future the Bar at" shall not be 
granted to any person of the class 
of tradesmen or bankers, nor to 
any shopkeeper or manufacturer 
in the public markets, or to one 
who is engaged in any matters of 
this description ; nor shall English 
Consuls be named from among the 
subjects of the Sublime Porte. 

10. English patents of protection 
shall not be granted' to dependants 
or merchants who are subjects of 
the Sublime Porte, nor shall any 
passport be delivered to such 
persons, on the part of Ambas- 
sadors or Consuls without per- 
mission previously obtained from 
the Sublime Porte. 

n. As ships of war have at all 
times been prohibited from enter- 
ing the canal of Constantinople, ms^ 
in the Straits of the Dardanelles 
and of the Black Sea, and as this 
ancient regulation of the Ottoman 
Empire is in future to be observed 
by every Power in time of peace, 
the Court of Great Britain promises 
on its part to conform to this 
principle, 

12. The ratifications of the 
present Treaty of Peace between 



9, Les Ambassadeurs et Consuls 
d'Anglctcrre pourront selon Tusage 
se semr des Dragomans dont ils ont 
besoin : mais comme il a et6 arre'te 
ci-devant d'un commun accord que 
la Sublime Porte n'accordera pas 
de ft Barat" de Dragoman en faveur 
d'individus qui n'exerceront point 
cette fonction dans le lieu de leur 
destination, il est convenu, conforme- 
ment ce principe, que dorenavant 
il ne sera accorde de "Barat" a per- 
sonne de la classe des artisans et 
banquiers, ni a quiconque tiendra de 
boutique et de fabrique dans les 
marches publics, ou qui prtera la 
main aux affaires de cette nature ; et 
il ne sera nomme non plus des Con- 
suls Anglais d'entre les sujets de la 
Sublime Porte. 

10. La patente de protection 
Anglaise ne sera accordee & personne 
d'entre les dependans et negocians 
sujets de la Sublime Porte, et il ne 
sera livre & ceux-ci aucum passeport * 
de la part des Ambassadeurs ou 
Consuls sans la permission prealable 
de la Sublime Porte. 

ir. Comme il a ete de tout terns 
defendu aux vaissaux de guerre 
d'entrer dans Ie canal de Constanti- 
nople, savoir dans le detroit des 
Dardanelles, et dans celui de la Mer 
Noire ; et comme cette ancienne 
regie de 1'Empire Ottoman doit tre 
de me'ine observe dorenavant en 
terms de paix vis-a vis de toute 
Puissance quelconque, la Cour Bri- 
tannique promet aussi de se conformer 
a ce principle. 

12. Les ratifications du present 
Traite de Paix entre les hautes Par- 



* Passepori de protection. 



Appendix Nos. I and II Turkish Arabia Capitulations. 



the high Contracting Parties shall 
be exchanged at Constantinople in 
the space of ninety-one days from 
the date of this Treaty, or sooner 
if possible In faith ot which, and 
in order that the ratification of the 
twelve Articles of this Treaty 
(which has been happily concluded 
by the assistance ot God, and in 
the sincerity and good faith of the 
Two Parties) may be exchanged ; 
I, Plenipotentiary of the Sublime 
Porte, have, in virtue of my full 
powers, signed and sealed this 
Instrument, which I have delivered 
to the Plenipotentiary of His 
Britannic Majesty, in exchange for 
another Instrument exactly con- ^ 
formable thereto written in the * 
French language, with a translation 
thereof, which has been delivered 
to me on his part, agreeably to his 
full powers. 

Done near the Castles of the 
Dardanelles, the 5th of January 
1 809, which corresponds with the 
year of the Hegira 1223, the ipth 
day of the Moon Zilkaade. 

(Sd.) SEYD MEHEMMED EMIN 

VAHID EFFENDI (L.S.). 
(Sd.) ROBERT ADAIR (L.S.). 



ties Confractantes seront 6changes 
ci Constantinople dans Fespace de 
quatre vingt onze jours, depuis la 
date du present Trait, ou plut&t si 
faire se pourra. En foi de quoi, et 
afin que la ratification des douze 
Articles de ce Traite qui vient d'etre 
heureusement conclu avec T assist- 
ance de Dieu, et en vertu de la 
sincerity et loyaute des deux Parties, 
puissent tre echangees ; Moi Ple- 
nipotentiaire de la Sublime Porte, ai 
en vertu de mes Pleins-pouvoirs, 
signe et cachete cet Instrument, le* 
quel j'ai remis au Plenipotentiaire 
Anglais, en echange centre un autre 
Instrument tout k fait conforme, ecrit 
en langue Franc oise, avec sa traduc- 
tion, qui m'a ete remis de sa part, 
conformement a ses Pleinsponvoirs. 



Fait pr&s des Ch&teaux des Dar- 
danelles, le 5 Janvier 1809, qui cor- 
respond k 1'an de THegire 1223, le 19 
de la Lune Zilkaade. 

(Signed SEYD MEHEMMED EMIN 

VAHID EFFENDI (L.S.) 
(Signe) ROBERT ADAIR (L.S ) 



APPENDIX NO. II. Pages i and 3. 



FOREIGN DEPARTMENT. 



NOTIFICATION. 

Simla, the 2fth October 1899. 

No. 1 700-E.A The following Order of Her Majesty the Queen in 
Council which appeared in the London Gazette of the nth August 1890, is 
republished for general information : 



xxiv 



Appendix No. II Turkish Arabia, 



At the Court at Osborne House, Isle of Wight, the 8th day of August 
1899- 

x 

PRESENT : 

The QUEEN'S Most Excellent Majesty. 
LORD CHANCELLOR. 
LORD PRESIDENT. 
LORD JAMES of HEREFORD, 
SIR FLEETWOOD EDWARDS. 

Whereas by treaty, capitulation, grant, usage, sufferance, and other 
lawful means, Her Majesty the Queen has jurisdiction within the dominions 
of the Ottoman Porte : 

Now, therefore, Her Majesty, by virtue and in exercise of the powers 
in this behalf by "The Foreign Jurisdiction Act, 1890," or otherwise in Her 
Majesty vested, is pleased by and with the advice of Her Privy Council to 
order, and it is hereby ordered as follows : 

PART I. Preliminary and General. 
i* This Order is divided into parts, as follows : 



Parts. 


Subject. 


Articles. 


1 




16 


II 




724 


IU 




2562 


IV 




6^ i^c 


V 




n6 i4o 


VI 
VII 


Ottoman and Foreign Subjects and Tribunals . , . , 


150157 
i c 8 -172 















2. The limits of this Order are the dominions of the Sublime Ottoman 
Porte, but, as respects Egypt, do not extend to any place south of the 
twenty-second parallel of north latitude ; and the expressions " Ottoman 
Dominions" and " Egypt'* shall, for the purposes of this Order, be 
construed accordingly. 



Appendix No. II Turkish Arabia. 



XXV 



w 3 In the construction of this Order the following words and expres- 
sions have the meanings hereby assigned to them, unless there be something 
in the subject or context repugnant thereto, that is to say : 

^ " Administration " means letters of administration, including the same 
with will annexed or granted for special or limited purposes or limited in 
duration. 

"The Ambassador" means Her Majesty's Ambassador and includes 
Charg< d Affaires or other Chief Diplomatic Representative of Her 
Majesty in the Ottoman dominions for the time being. 

11 Agent for Egypt" means Her Majesty's Agent and Consul-General 
for Egypt, and includes any person temporarily appointed to act for that 
officer. 

" British merchant-ship " means a merchant ship being a British ship 
within the meaning of " The Merchant Shipping Act, 1894." 

" British subject " includes a British protected person, that is to say, a 
person who either (a) is a native of any Protectorate of Her Majesty, and 
is for the time being in the Ottoman dominions ; or (6) by virtue of Section 
1 5 of "The Foreign Jurisdiction Act, 1890," or otherwise enjoys Her 
Majesty's protection in the Ottoman dominions. 

" Consular district n means the district in and for \vhich a Consular 
officer usually acts, or for which he may be authorised to act for all or any 
of the purposes of this Order by authority of the Secretary of State. 

"Consular officer" means a Consul-General, Consul, Vice-Consul, 
Consular Agent or pro-Consul of Her Majesty resident in the Ottoman 
dominions, including a person acting temporarily with the approval of the 
Secretary of State, as or for a Consul-General, Consul, Vice-Consul, or 
Consular Agent of Her Majesty so resident j and 

(a) "Commissioned Consular officer " means a Consular officer 
holding a commission of Consul-General, Consul, or Vice- 
Consul from Her Majesty, including a person acting tempo- 
rarily, with the approval of the Secretary of State as or for 
such a commissioned Consular officer. 

(V) " Uncommissioned Consular officer" means a Consular officer 
not holding such a commission, including a person acting tempo- 
rarily w ith the approval of the Secretary of State, as or for 
such an uncommissioned Consular officer. 

" Consulate " and " Consular office" refer to the Consulate and office 
of a Consular officer. 

" The Court/' except when the reference is to a particular Court, 
means any Court established under this Order, subject, however, to the 
provisions of this Order with respect to powers and local jurisdictions. 

" Foreigner " means a subject or citizen of a State in amity with Her 
Majesty, other than the Sublime Ottoman Porte, 



Appendix No. II Turkish Arabia. 



" Judge " in relation to any Court includes any person temporarily 
appointed to act as Judge of that Court, 

" Legal practitioner " includes barrister-at-law, advocate, solicitor, 
writer to the Signet, and any person possessing similar qualifications. 

" Lunatic " means idiot or person of unsound mind. 

" Master/' with respect to any ship, includes every person (except 
a pilot) having command or charge of that ship. 

" Month " means calendar month. 

"Oath" and "affidavit" in the case of persons for the time being 
allowed by law to affirm or declare, instead of swearing, include affirmation 
and declaration, and the expression " swear," in the like case, includes 
affirm and declare. 

" Offence " includes crime, and any act or omission punishable 
criminally in a summary way or otherwise. 

" Office copy" means a copy made under the direction of the Court, 
or produced to the proper officer of the Court for examination with the 
original, and examined by him and sealed with the seal of the Court. 

" Ottoman subject" means a subject of the Sublime Ottoman Porte. 

" Ottoman Tribunal" means any Ottoman Tribunal of Commerce, 
'Ottoman Civil Tribunal, or Ottoman Maritime Court, or other Ottoman 
Tribunal 

et Ottoman waters " means the territorial waters of the Ottoman 
dominions, 

"Person" includes Corporation. 

" Pounds " means pounds sterling. 

"Prescribed" means prescribed by Rules of Court. 

"Prosecutor" means complainant or any person appointed or allowed 
by the Court to prosecute 

" Proved " means shown by evidence on oath, in the form of affidavit, 
or other form, to the satisfaction of the Court or Consular officer acting or 
having jurisdiction in the matter, and " proof" means the evidence adduced 
in that behalf. 

"Resident" means having a fixed place of abode in the Ottoman 
dominions. 

" Rules of Court " means rules of Court made under the provisions of 
this Order. 

" Secretary of State " means one of Her Majesty's Principal Secretaries 
of State. 

" Ship " includes any vessel used in navigation, however propelled, 
with her tackle, furniture, and apparel, and any boat or other craft. 

" The Treasury" means the Commissioners of Her Majesty's Treasury 



Appendix No. II Turkish Arabia 



" Treaty " includes any Convention, Agreement, or Arrangement, 
made by or on behalf of Her Majesty with any "State or Government, King, 
Chief, people or tribe, whether His Majesty the Sultan is or is not a party 
thereto. 

"Will" means will, codicil, or other testamentary instrument. 

Expressions used in any rules, regulations, or orders made under this 
Order shall, unless a contrary intention appears, ha\e the same respective 
meanings as in this Order 

4. (i) Words importing the plural or the singular may be construed 
as referring to one person or thing, or to more than one person or thing, 
and words importing the masculine as referring to the feminine (as the 
case may require). 

(2) Where this Order confers any power or imposes any duty, then, 
unless a contrary intention appears, the power may be exercised and the 
duty shall be performed from time to time as occasion requires 

(3) Where this Order confers a po^er, or imposes a duty on, or uith 
respect to, a holder of an office, as such, then, unless a contrary intention 
appears, the power may be exercised and the duty shall be perfrr-^d by, 
or with respect to, the holder for the time being ot the office u. - t:u, ^rson 
temporarily acting for the holder. 

(4) Where this Order confers a power to make any rules, regulations, 
or orders, the power shall, unless a contrary intention appears, be construed 
as including a power exercisable in the like manner and subject to the 
like consent and conditions, if any, to rescind, revoke, vary, or amend the 
rules, regulations, or orders. 

(5) This Article shall apply to the construction of any rules, regula- 
tions, or orders made under this Order, unless a contrary intention appears. 

5. The jurisdiction conferred by this Order extends to the persons and 
matters following, in so far as by Treaty, grant, usage, sufferance, or other 
lawful means, Her Majesty has jurisdiction in relation to such matters and 
things, that is to say : 

(5) British subjects, as herein defined, within the limits of this 

Order, 
(ii) The property and all personal or proprietary rights and liabilities 

within the said limits of British subjects, whether such subjects 

are within the said limits or not. 
(iii) Ottoman subjects and foreigners in the cases and according to 

the conditions specified in this Order and not otherwise, 
(iv) Foreigners with respect to whom any State, King, Chief, or 

Government, whose subjects, or under whose protection they 

are, has, by any Treaty as herein defined, or otherwise agreed 

vuth Her Majesty for, or consents to, the exercise of po\\er or 

authority by Her Majesty. 



xxviii Appendix No. II Turkish Arabia. 



(v) British ships with their boats, and the persons and property on 
board thereof, or belonging thereto, being within the Ottoman 
dominions. 

6 All Her Majesty's jurisdiction exercisable in the Ottoman dominions 
for the hearing and determination of criminal or civil matters, or for the 
maintenance of order, or for the control or administration of persons 
or property, or in relation thereto, shall be exercised under and according 
to the provisions of this Order, and not otherwise. 

PART II. Constitution and Powers of Courts. 

7. (i) There shall be a Court styled " Her Britannic Majesty's 
Supreme Consular Court for the dominions of the Sublime Ottoman Porte " 
(in this Order referred to as the Supreme Court and comprised in the 
term " the Court"). 

(2) Subject to the provisions of this Order there shall be two Judges 
of the Supreme Court, that is to say a Judge, and an Assistant Judge, 
who shall respectively be appointed by Her Majesty by warrant under Her 
Royal Sign Manual. 

Each shall be at the time of his appointment a member of the Bar of 
England, Scotland, or Ireland, of not less than seven years 1 standing. 

(3) Each of the Judges may hold a Commission from Her Majesty as 
Consul-General or Consul. 

(4) The Judges shall sit together for the purposes described in this 
Order, and the Supreme Court so constituted is hereinafter in this Order 
referred to as "the Full Court" 

(5) There shall be attached to the Supreme Court a Registrar, 
a Marshal, and so many officers and clerks under such designations as the 
Secretary of State thinks fit ; but unless and until the Secretary of State 
otherwise appoints, the Assistant Judge shall act as Registrar of the Supreme 
Court. 

(6) In case of the death, illness, or other incapacity, or of the absence 
or intended absence from the Consular district of Constantinople of either 
of the Judges, the Ambassador may, if he thinks fit, appoint a fit person- 
to be Acting Judge, or Acting Assistant Judge, as the case may be. If the 
appointment has to be made to the office of Acting Judge, the Assistant 
Judge, if present and not incapacitated, shall, unless the Secretary of State 
otherwise directs, be appointed, and if he is so appointed, the Ambassador 
may, if he thinks fit, appoint a fit person to act as Assistant Judge. 

(7) The Secretary of State may temporarily attach to the Supreme 
Court such pessons, being Consular officers, as he thinks fit. 

A person thus attached shall discharge such duties in connection with 
the court as the Judge, with the approval of the Secretary of State, may 
direct. 



Appendix No, II Turkish Arabia. acxix 

8. (i) Every commissioned Consular officer, with such exceptions 
(if any) as the Secretary of State thinks fit to make, shall for and in his 
own Consular district hold and form a Court, in this Order referred to a? 
a Provincial Court. 

(2) Every uncommissioned Consular officer, with such exceptions 
(if any) as the Supreme Court by writing under the hand of the Judge and 
the seal of that Court, thinks fit to make, shall for and in his own Consular 
district, subject to the provisions of this Order, hold and form a Court, in 
this Order referred to as a Local Court. 

(3) Every provincial and Local Court shall be styled " Her Britannic 
Majesty's Consular Court at Smyrna " (or as the case may be). 

(4) Every reference in this order to a Provincial Court in relation 
to a Local Court shall be deemed to be a reference to a Provincial Court 
held by the commissioned Consular officer, under whose superintendence 
the uncommissioned Consular officer holding the Local Court acts. 

(5) Every Provincial Court shall, with the approval of the Supreme 
Court, and every Local Court may, with the approval of the Provincial 
Court, appoint a competent person, or persons, to perform such duties and 
to exercise such powers as are by this Order and any Rules of Court 
imposed or conferred upon the Registrar and Marshal, and any person so 
appointed shall perform such duties and exercise such powers 
accordingly, 

9, (i) The Secretary of State may, when he thinks fit, under his 
hand, appoint a competent person to act temporarily as special Judge of 
the Supreme Court. He shall be a person qualified to be appointed a 
Judge of the Supreme Court under this Order. 

(2) The Secretary of State may by order assign any case, civil or 
criminal, and whether pending at or commenced after the commencement 
of this Order, to be tried by or before the Special Judge, and in relation to 
any case so assigned, all the powers, authority, and jurisdiction of the 
Supreme Court shall be vested in and exercised by the Special Judge, and 
if the order so provides the Judges shall not exercise any jurisdiction 
therein. 

(3) The Special Judge may, subject to any directions of the Secretary 
of State, sit in any part of the Ottoman dominions. 

(4) If in any criminal case so assigned the Special Judge is of opinion 
that a jury or assessors cannot conveniently be obtained, he may act 
without a jury or assesors. 

($) If any civil case so assigned, whether before or after the com- 
mencement of thi Order, is set down for rehearing, the same shall be 
reheard before the Special Judge, with or without either of the Judges of 
the Supreme Court, or, when the attendance of the Special Judge seems 
no longer necessary, before the full Court, as the Secretary of State may 
by the order or any subsequent order direct 



xxx Appendix No. II -Turkish Aiabia. 



(6) The remuneration and expenses of any Special Judge shall be paid 
as the Secretary of State, with the consent of the Treasury, directs. 

10 The Supreme Court shall have a seal, bearing the style of the 
Court and such device as the Secretary of State approves, but the seal iu 
use at the commencement of this Order shall continue to be used until a 

new seal is provided. 



In each of the Pnnincial and Local Courts the official seal of the 
Consular officer shall be used. 

11 All Her Majesty's jurisdiction, civil and criminal, including any 
jurisdiction by this Order conferred expressly on a Provincial Court, shall 
for and within the district of the Consulate of Constantinople be vested 
exclusively in the Supreme Court as its ordinary original jurisdiction. 

12. All Her Majesty's jurisdiction, civil and criminal, not under this 
Order vested exclusively in the Supreme Court, shall to the extent and 
in the manner provided by this Order be vested in the Provincial and 
Local Courts. 

Provided that as regards all such matters and cases as come within 
the jurisdiction of any Egyptian Courts established with the concurrence of 
Her Majesty, the operation of this Order is herebv suspended until Her 
Majesty by and with the advice of Her Privy Council shall otherwise 
order. 

13 The Supreme Court shall have in all matters, civil and criminal, 
an original jurisdiction, concurrent with the jurisdiction of the several 
Provincial and Local Courts, to be exercised subject and according to the 
provisions of this Order. 

14 The Supreme Court shall ordinarily sit at Constantinople and 
as occasion requires at Alexandria or Cairo ; but may, on emergency, sit 
at any other place within the Ottoman dominions, and may at any time 
transfer its ordinary sittings to any such place as the Secretary of State 
approves. Under this Article the Judges may sit at the same time at 
different places, and each sitting shall be deemed to be a sitting of the 
Supreme Court. 

15. (i) The Registrars of the Provincial Courts at Alexandria and 
Cairo respectively shall be also District Registrars of the Supreme 
Court. 

(2) They shall, subject to Rules of Court, perform the like duties 
in respect of proceeding of the Supreme Court pending in their respective 
District Registries as are performed by the Registrar of the Supreme 
Court in respect of proceedings pending in the Registry of the Court at 
Constantinople. 

(3) Summonses for the commencement of actions in the Supreme 
Court shall be issued by the District Registrars when thereunto required, and 
all such further proceedings as might be taken and recorded in the Registry 



Appendix No. II -Turkish Arabia. 



of the Supreme Court at Constantinople may be taken and recorded 
in the District Registry in any actions pending in such District Registries 
respectively. 

(4) Tbe exercise of powers and performance of duties by District 
Registries at Alexandria and Cairo shall be subject to the control and 
direction of the Provincial Courts of Alexandria and Cairo respectively 
in the same manner and to the same extent, subject to rules of Court/ as 
the exercise of powers and performance of duties by the Rcj : st^ar ot the 
Supreme Court at Constantinople are subject to die contro 1 c.^6. d .ection of 
the Judge of the Supreme Court. 

Provided that where a Judge of the Supreme Court is present in 
Alexandria or Cairo the said control and direction shall be exercised 
exclusively by such Judge 

1 6. The Judge or under his directions the Assistant Judge of the 
Supreme Court may visit, in a magisterial or judicial capacity, any place m 
the Ottoman dominions, and there inquire of, or hear and determine, any 
case, civil or criminal, and may examine any records or other documents 
in any Provincial or Local Court, and give directions as to the keeping 
thereof. 

17. A Provincial Court shall have in all matters, civil and criminal, 
an original jurisdiction, concurrent with the jurisdiction ot the several 
Local Courts (if any) held within its district to be exercised subject and 
according to the provisions of this Order, 

1 8. (i) Where any case, civil or criminal commenced in a Local 
Court, appears to that Court to be beyond its jurisdiction, or to be one 
which for any other reason ought to be tried in the Provincial Court or the 
Supreme Court, the Local Court shall report the case to the Provincial 
Court for directions, 

(2) Subject to any directions of the Supreme Court under this Article, 
a Provincial Court may of its o\\n motion, or on the report of a Local 
Court, or on the application of any party concerned, require any case, ciul 
or criminal, pending in a Local Court to be transferred to the Provincial 
Court or m the case of any such report or application, may direct that the 
case shall proceed in the Local Court. 

(3) Where any case, civil or criminal, commenced in a Provincial 
Court, or reported or transferred to that Court under this Article, appears 
to the Provincial Court to be beyond its jurisdiction, or to be one which for 
any other reason ought to be tried in the Supreme Court, the Provincial 
Court shall report the case to the Supreme Court for directions. 

(4) The Supreme Court may have its own motion, or upon the report 
of a Provincial Court, or on the application of any party concerned, require 
any case, civil or criminal, pending in any Provincial or Local Court to be 
transferred to, or tried in, the Supreme Court, or may direct in what Court 
and in what mode, subject to the prous ons o this Order, any such case 
shall be tried. 



xxxii Appendix No. II Tnrkish Arabia. 

ig. The Supreme Court, and each Provincial Court shall, in the exercise 
of every part of its jurisdiction, be a Court of Record. 

20. (i) Every Provincial and Local Court shall execute any writ or 
order issuing from the Supreme Court, and shall take security from any 
person named in a writ or order for his appearance personally or by attorney,, 
and shall, in default of security being given, or when the Supreme Court so 
orders, send the person on board one of Her Majesty's vessels of war to* 
Constantinople, or such other port as may be named in the order, or, if no- 
vessel of war is available, then on board some British or other fit vessel. 

(2) The order of the Court shall be sufficient authority to the com- 
mander or master of the vessel to receive and detain the person, and deliver 
him up at the port named according to the order. 

21. The Supreme Court and each Provincial and Local Court shall be 
auxiliary to one another in all particulars relative to the administration of 
justice, civil or criminal. 

22. Each Provincial and Local Court shall at such time as may be fixed 
by rules of Court furnish to the Supreme Court an annual report of every 
case, civil and criminal, brought before it, in such form as the Supreme Court 
directs. 

The report of a Local Court shall be sent through the Provincial Court. 

23. Subject to the provisions of this Order, criminal and civil cases may 
be tried as follows : 

(*) In the case of the Supreme Court, by the Court itself, or by the 
Court with a jury, or with assessors, 

(6) In the case of a Provincial Court, by the Court itself, or by the 
Court with assessors. 

(c) In the case of a Local Court, by the Court itself, without assessors 
or jury. 

24. (i) Notwithstanding anything in this Order, the Court shall not 
exercise any jurisdiction in any proceeding whatsoever over the Ambassador, 
or over his official or other residences, or his official or other property. 

(2) Notwithstanding anything in this Order, the Court shall not exercise, 
except with the consent of the Ambassadors signified in writing to the Court, 
any jurisdiction in any proceeding over any person attached to or being a 
member of, or in the service of, the Embassy. 

(3) If in any case under this Order it appears to the Court that the 
attendance of the Ambassador, or of any person attached to or being a mem- 
ber of the Embassy, or being in the service of the Embassy, to give evidence 
before the Court is requisite in the interest of justice, the Court may address 
to the Ambassador a request in writing for such attendance. 

(4) A person attending to give evidence before the Court shall not be 
compelled or allowed to give any evidence or produce any document, if, in 



Appendix No. II Turkish Arabia. xxxhi 

the opinion of the Ambassador, signified by him personally or in writing to 
the_ Court, the giving or production thereof would be injurious to Her 
Majesty's service. 

(5) This Article shall apply to Her Majesty's Agency in Egypt, and the 
foregoing provisions shall for the purpose of this application be read as if 
"Her Majesty's Agent and Consul-General " were substituted for the 
" Ambassador/' and " Agency tor " Embassy/' wherever those words 
respectively occur. 

PART III. Criminal matters. 

25. (i) Except as regards offences against the Capitulations, Articles of 
Peace^and Treaties between Her Majesty and the Sublime Ottoman Porte, 
or against any rules and regulations for the observance thereof, or for the 
maintenance of order among British subjects in the Ottoman dominions, 
made by or under the authority of Her Majesty, or against any of the provi- 
sions of this Order ; 

Any act that would not by a Court of Justice having criminal jurisdic- 
tion in England be deemed an offence in England, shall not, in the exercise 
of criminal jurisdiction under this Order, be deemed an offence, or be the 
subject of any criminal proceeding under this Order. 

(2) Subject to the provisions of this Order, criminal jurisdiction under 
this Order shall, as far as circumstances admit, be exercised on the principles 
of, and in conformity with, the statute and other law for the time being in 
force in and for England, and with the powers vested in the Courts of Justice 
and Justices of the Peace, in England, according to their respective jurisdic- 
tion and authority. 

26. (r) If any person is guilty of an offence against this Order not dis- 
tinguished as a grave offence against this Order, he is liable, on summary 
conviction 

(i) To a fine not exceeding five pounds, without any imprisonment ; 
or 

(ii) To imprisonment not exceeding one month, without fine j or 

(iii) To imprisonment not exceeding fourteen days, with a fine not 
exceeding fifty shillings, 

(2) Imprisonment under this Article is without hard labour. 

27. (t) If any person is guilty of an offence against this Order, distin- 
guished as a grave offence against this Order, he is liable, on summary con- 
viction before the Supreme Court or a Provincial Court 

(i) To a fine not exceeding ten pounds, without imprisonment ; or 
(iij To imprisonment not exceeding two months, without fine ; or 

(iii) To imprisonment not exceeding one month, with a fine not exceed - 
ing five pounds. 

APPX. VOL. XIII. X 



xacxiv Appendix tto. IJ -Tuikish Arabia. 



(2) Imprisonment under this Article is, in the discretion of the Court, 
with or without hard labour. 

28. Every Court may cause to be summoned or arrested, and brought 
before it, any person subject to, and being within the limits of, its jurisdic- 
tion, and charged with having committed an offence cognizable under this 
Order, and mav deal \\ ith the accused according to the jurisdiction of the 
Court and in conformity \\ith the provisions of this Order; or when the 
offence is liable and is to be tried in England, to take the preliminary exa- 
minatior, and to commit the accused for trial, and cause or allow him to be 
taken to England. 

29 For the purposes of criminal jurisdiction every offence and cause of 
complaint committed or arising in the Ottoman dominions shall be deemed 
to have been committed or to have arisen, either in the place where the 
same actually was committed or arose, or in any place in the Ottoman 
dominions where the person charged or complained of happens to be at the 
time of the institution or commencement of the charge or complaint. 

30. Where a British subject is charged with the commission of an 
offence the cognizance whereof appertains to the Court, and it is expedient 
that the crime or offence be inquired of, tried, determined, and punished 
within Her Majesty's dominions elsewhere than in England, the accused 
may (under " The Foreign Jurisdiction Act, 1890," section 6) be sent for 
trial to Bombay or Malta. 

The Supreme Court may, \\here it appears so expedient, by warrant 
under the hand ot the Judge and the seal of the Court, cause the accused to 
be sent for trial to Bombay or Malta accordingly. 

The warrant shall be sufficient authority to any person to whom it is 
directed to receive and detain the person therein named, and to carry him 
to and deliver him up to Bombay or to Malta (as the case may be), accord- 
ing lo the warrant. 

Where any person is to be so sent to Bombay or to Malta, the Court 
before which he is charged shall take the preliminary examination, and shall 
bind over such of the proper witnesses as are British subjects in their own 
recognisances to appear and give evidence on the trial. 

31. (i) The Supreme Court may adjudge punishment as follows : 

(a] Imprisonment, not exceeding twenty years, with or without hard 
labour, and with or \\ithcut a fine not exceeding five hundred 
pounds, ; or. 

(b) A fine not exceeding five hundred pounds, \\ithout imprison- 

ment ; and 

(c} In case of a continuing offence, in addition to imprisonment or 
fine, or both, a fine rot exceeding one pound for each day 
during which the offence continues after the day of the 
commission, of the original offence, 



Appendix No. II Turkish Arabia. 



(2) A provincial Court may adjudge punishment as follows : 

Imprisonment, not exceeding twelve months, with or without hard 
labour, and with or without a fine not exceeding fifty pounds ; 
or, 

A fine not exceeding fifty pounds, without imprisonment, 

(3) A Local Court may adjudge punishment as follows : 

A fine not exceeding five pounds, without imprisonment ; provided 
that a Local Court shall not hear and determine any charge 
unless the offence is punishable on summary conviction. 

32, (i) Every accused person shall be tried upon a charge, which 
shall state the offence charged, with such particulars as to the time and 
place of the alleged offence, and the person (if any) against whom or the 
thing (if any) in respect of which it was committed, as are reasonably 
sufficient to give the accused notice of the matter with which he is 
charged. 

(2) The fact that a charge is made is equivalent to a statement that 
every legal condition required by law to constitute the offence charged 
was fulfilled in the particular case. 

(3) Where the nature of the case is such that the particulars above 
mentioned do not give such sufficient notice as aforesaid, the charge shall 
also contain such particulars of the manner in which the alleged offence 
was committed as will give such sufficient notice. 

33. For every distinct offence of which any person is accused there 
shall be a separate charge, and every such charge shall be tried separately, 
except in the cases following, that is to say 

(a) Where a person is accused of more offences than one of the 
same kind committed within the space of twelve months from 
the first to the last of such offences he may be charged with, 
and tried at one trial for any number of them not exceeding 
three, 

(b] If in one series of acts so connected together as to form the 

same transaction more offences than one aie committed by 
the same person, he may be charged with and tried at one 
trial for every such offence. 

(c] If the acts alleged constitute an offence falling within two or 

more definitions or descriptions of offences in any law or 
laws, the accused may be charged with, and tried at one 
trial for, each of such offences. 

(d) If several acts constitute several offences, and also when 
combined, a different offence, the accused may be charged 
with, and tried at one trial tor, the offence constituted by 
such acts when combined, or one or more of the several 

APPX, VOL. XIII. x z 



Appendix No. II Turkish Arabia. 



offences, but in the latter case shall not be punished with 
more severe punishment than the Court which tries him could 
award for any one of those offences. 

(e) If a single act or series of acts is of such a nature that it is 
doubtful which of several offences the facts which can be 
proved will constitute, the accused may be charged with 
having committed all or any of such offences, and any 
number of such charges may be tried at once ; or he may be 
charged in the alternative with having committed some one 
of the offences ; and if it appears in evidence that he has 
committed a different offence for which he might have been 
charged, he may be convicted of that offence, although not 
charged with it. 

34. When more persons than one are accused of the same offence or 
of different offences committed in the same transaction, or when one 
is accused of committing an offence, and another of abetting or attempt- 
ing to commit that offence they may be charged and tried together or 
separately,, as the Court thinks fit. 

35. (i) Any Court, if sitting with a jury or assessors, may alter any 
charge at any time before the verdict of the jury is returned or tjxe 
opinions of the assessors are expressed ; if sitting without jury or assessors, 
at any time before judgment is pronounced. 

(2) Every such alteration shall be read and explained to the accused. 

(3) If the altered charge is such that proceeding with the trial 
immediately is likely, in the opinion of the Court, to prejudice the accused 
or the prosecutor, the Court may adjourn the trial for such period as may 
be necessary. 

36. (i) No error or omission in stating either the offence or the 
particulars shall be regarded at any stage of the case as material, unless 
the accused was misled by such error or omission. 

(2) When the facts alleged in certain particulars are proved and 
constitute an offence, and the remaining particulars are not proved, the 
accused may be convicted of the offence constituted by the facts proved 
although not charged with it. ; 

(3) When a person is charged with an offence and the evidence proves 
either the commission of a minor offence or an attempt to commit the 
offence charged, he may be convicted of the minor offence or of the 
attempt. 

37- (0 If the accused has been previously convicted of any offence, 
and^it is intended to prove such conviction for the purpose oi aflectino the 
punishment which the Court is competent to award, the fact, date, and 
place of the previotfe conviction shall be stated in the charge. 



Appendix No. II Turkish Arabia, xxxvii 

(2) If such statement is omitted, the Court may add it at any time 
before sentence is passed 

(3) The part of the charge stating the previous conviction ^hnll not 
be read out in Court, nor shall the accused be asked whether he has been 
previously convicted, as alleged in the charge, unless and until he has 
either pleaded guilty to, or been convicted of, the subsequent offence. 

(4) If he pleads guilty to, or is convicted of, the subsequent offence, 
he shall then be asked whether he has been previously convicted, as alleged 
in the charge. 

(3) If he answers that he has been so previously convicted, the Court 
may proceed to pass sentence on him accordingly, but, if he denies that he 
has been so previously convicted, or refuses to, or does not, answer such 
question, the Court shall then inquire concerning such previous conviction, 
and in such case (where the trial is by jury) it shall not be necessary to 
swear the jurors again. 

38. (i) In each of the two following cases, namely: 
(/) Where the offence charged is felony ; or, 

() When it appears to the Court at any time before the trial, the 
opinion of the Court being recorded m the minutes, that the 
offence charged, if proved, would not be adequately punished 
by imprisonment for three months with hard labour, or by a 
fine of twenty pounds, or both such imprisonment and fine 

The charge shall be triable with a jury or assessors (according to the 
provisions of this Order applicable to the Court) ; but may, with the consent 
of the accused, be tried without assessors or jury. In the Supreme Court, 
when the accused does not so consent, the charge shall be tried with a 
jury, unless the Court is of opinion that a jury cannot be obtained. 

(2) The Supreme Court may, for any special reason, ' direct that any 
case shall be tried with assessors or a jury, and a Provincial Court may, 
for any special reason, direct that any case shall be tried with assessors* 
In each such case the special reason shall be recorded in the Minutes. 

39. (i) The Registrar of the Supreme Court when the duties of that 
officer are not performed by the Assistant Judge shall, subject to any 
directions of the Supreme Court, hear and determine such criminal^ cases 
in that Court as may under this Order, be heard and determined without 
assessors or jury, and for this purpose shall exercise all the powers and 
jurisdiction of a Provincial Court. 

(2) The officer performing the duties of Registrar, in a Provincial or 
Local Court, shall, when required by the Court, act as public prosecutor, 
and conduct the prosecution in any criminal case, 

40. (i) Where a charge made in a Provincial or Local Court appears 
to that Court to be one which ought under the provisions of this Order 
to be reported, the Provincial or Local Court shall proceed to make a 



xxxv'ui Appendix No. II Turkish Arabia. 

prolimhary examination of the charge in the prescribed manner, and shall 
send the depositions and a Minute of other evidence (if any) together with 
its Report, in the case of a Provincial Court, to the Supreme Court, or in 
the case of Local Court; to the Provincial Court. 

(2) Where a charge, reported to a Provincial Court under this Article, 
appears to that Couit to be one which ought to be reported to the 
Supreme Court, the Provincial Court shall send the depositions, Minutes, 
and Report of the Local Court, vuth a covering Report, to the Supreme 
Court. 

41. d] Where a person charged with an offence is arrested on 
warrant issuing out 01 any Court; he shall be brought before the Court 
\\ithiu iourty -eight hours after the execution of the warrant, unless in any 
case circumstances unavoidably prevent his being brought before the Court 
\\ithinthat time, uhich circumstances shall be recorded in the Minutes. 

(2) In every case, he shall be brought before the Court as soon as 
circumstances reasonably admit, and the time and circumstances shall be 
recorded in the Minutes. 

42. (i) Where the accused is ordered to be tried before a Court 
with a jury or with assessors, he shall be tried as soon after the making 
of the order as circumstances reasonably admit. 

(2} As long notice of the time of trial as circumstances reasonably 
admit shall be given to him in writing under the seal of the Court, which 
notice, and the time thereof, shall be recorded in the Minutes. 

43 i 1 ) Where an accused person is in custody, he shall not be 
remanded at any time for more than seven days, unless circumstances 
appear to the Court to make it necessary or proper that he should be 
remanded, for a longer time, which circumstances and the time of remand, 
shall be recorded in the Minutes. 

(2) In no case shall a remand be for more than fourteen days at one 
time, unless in case of illness of the accused or other case of necessity. 

44. (0 The Court may, in its discretion, admit to bail a person 
charged with any of the following offences, namely : 
Any felony. 
Riot. 

^ Assault on any officer in the execution of his duty, or on any person 
acting in his aid. 

Neglect or breach of duty by an officer. 

But a person charged with treason or murder shall not be admitted to 
bail except by the Supreme Court. 

(2) In all other cases the Court shall admit the accused to bail 
unless the Court, having regard to the circumstances, sees good reason to 
the contrary which reason shall be recorded in the Minutes. 

(3) The Supreme Court may admit a person to bail, although a 
Provincial or Local Court has not thought fit to do so. 



Appendix No* II -Turkish Arabia. 



(4) The accused who is to be admitted to bail, either on remand or 
on or after trial ordered, shall produce such surety or sureties as, in the 
opinion of the Court, will be sufficient to insure his appearance as and 
uhen required, and shall with him or them enter into a recognisance 
accordingly. 

45. (i) Where after a preliminary examination the accused is ordered 
to be tried, the Court shall bind by recognisance the prosecutor and every 
vutness to appear at the trial to prosecute, or to prosecute and give 
evidence, or to give evidence (as the case may be). 

(2) If a British subject refuses to enter into such recognisance, the 
Court may send him to prison, there to remain until after the trial, unless 
in the meantime he enters into a recognisance, 

(3) But if afterwards, from want of sufficient evidence or other ^cause 
the accused is discharged, the Court shall order that the person imprisoned 
for so refusing be also discharged. 

(4) Where the prosecutor or witness is not a British subject, the 
Court may require him either to enter into a recognisance or to give other 
security for his attendance at the trial, and if he fails to do so may in its 

discretion dismiss the charge. 

46. (i) Where an accused person is convicted of murder, ^the prope* 
officer of the Supreme Court, under the direction of the presiding judge, 
shall, in open Court, require the offender to state if he has anything to say 
why judgment of death should not be recorded against him. 

(3] If the offender does not allege anything that would be sufficient 
in law to prevent judgment of death if the offence of trial had been 
committed and had in England, the Judge may order that judgment of 
death be entered on record. 

M Thereupon the proper officer shall enter judgment of death on 
record against the offender, as if judgment of death had been actually 
pronounced on him in open Court by the Judge. 

U] The presiding Judge shall forthwith send a Report of the Judg- 
ment together with a co P> of the Minutes and of the notes of evidence 
and any observations which he thinks fit to make, to the secretary of State 
for his direction respecting the punishment to be actually imposed. 

(<\ The punishment actually imposed shall not in any case exceed the 
measure of imprisonment ^nd fine which the Supreme Court is empowered 
by this order to impose. 

47 (i) The Court may, if it thinks fit, order a person convicted of 
an assault to pay to the person assaulted by way of damages any sum not 
exceeding ten pounds. 

(2) Damages so ordered to be paid may be either in addition to or 
in lieu of a fine, and shall be recoverable in like manner as a toe. 

(3) Payment of such damages shall be a defence to an action for the 
assault. 



ad Appendix No. II -Turkish Arabia. 



48. (i) The Court may, if it thinks fit, order a person convicted 
before it to pay all or part of the expenses of his prosecution, or of his 
imprisonment or other punishment or of both, the amount being specified 
in the order. 

(2) Where it appears to the Court that the charge is malicious, or 
frivolous and vexatious, the Court may, if it thinks fit, order the com- 
plainant to pay all or part of the expenses of the prosecution, the amount 
being specified in the order. 

(3) In these respective cases the Court may, if it thinks fit, order that 
the whole or such portion as the Court thinks fit of the expenses so paid 
be paid over to the complainant or to the accused (as the case may be). 

(4) In all cases the reasons of the Court for making any such order, 
or for refusing it if applied for, shall be recorded in the minutes. 

49. Subject to Rules of Court made under this order, the Court may 
order payment of the reasonable expenses of any complainant or witness 
attending before the Court on the trial of any criminal case by a jury or 
with assessors, and also of the reasonable expenses of the jury or 
assessors. 

50 (i) The Supreme Court may by general order approved by the 
Secretary of State prescribe the manner in which and the prisons in the 
Ottoman dominions at which punishments passed by any Court or otherwise 
awarded under this Order are to be carried into execution. 

(2) The warrant of any Court shall be sufficient authority to any person 
to whom it is directed to receive and detain the person therein named in 
any prison so prescribed. 

51. (i) \Vhere an offender is sentenced to imprisonment, and the 
Supreme Court thinks it expedient that the sentence be carried into effect 
within Pier Majesty's dominions, and the offender is accordingly under 
section 7 of <{ the Foreign Jurisdiction Act, 1890," sent for imprisonment to 
a place in Her Majesty's dominions, the place shall be either Malta or 
Gibraltar, or a place in some other part of Her Majesty's dominions out of 
the United Kingdom, the Government whereof consents that offenders may 
be sent thither under this Article. 

(2) The Supreme Court may, by warrant under the hand of a Judge 
and the seal of the Court, cause the offender to be sent to Malta or 
Gibraltar, or other such place as aforesaid, in order that the sentence may be 
there carried into effect accordingly. 

(3) The warrant shall be sufficient authority to any person to whom it 
is directed to receive and detain the person therein named and to carry him 
to and deliver him up at the place named, according to the warrant. 

52, "The Fugitive Offenders Act, i88i/' and "the Colonial Prisoners 
Removal Act, 1884," shall apply to Egypt and to the Ottoman dominions 



Appendix No. II Turkish Arabia. ' xli 

other than Egypt as if those places were respectively British possessions and 
parts of Her Majesty's dominions. , 

Subject as follows : 

(a) As respects Egypt, Her Majesty's Agent and Consul-General, 

and as respects the Ottoman dominions (other than Egypt', 
the Ambassador at Constantinople is hereby substituted for 
the Governor or Government of a British possession. 

(b) The Supreme Court, or in Egypt, during the absence of a Judge 

of the Supreme Court, the Provincial Court at Alexandria is 
hereby substituted for a Superior Court of a British possession. 

(c) The Supreme Court and each Provincial Court is substituted for 

a Magistrate of any part of Her Majesty's dominions, 

(d) For the purposes of Part II of the said Act of iSSi, and of this 
Article in relation thereto, the Ottoman dominions and Malta 
and Gibraltar shall be deemed to be one group of British 
possessions. 

53 (i) The Supreme Court may, if it thinks fit, report to the Secretary 
of State recommending a mitigation or remission of any punishment awarded 
by any Court ; and thereupon the punishment may be mitigated or remitted 
by the Secretary of State 

(2) Nothing in this order shall affect Her Majesty's prerogative of 
pardon. 

54. Where a person charged with- an offence escapes or removes from 
the Consular district within which the offence was committed and is found 
within another Consular district, the Court within whose district he is found 
may proceed in the case to trial and punishment, or to preliminary examina- 
tion (as the case may require), in like manner as if the offence had been 
committed in its own district ; or may, on the requisition or with the 
consent of the Court within whose district the offence was committed, send 
him in custody to that Court, or require him to give security for his 
surrender to that Court, there to answer the charge and to be dealt with 
according to law. 

Where any person is to be so sent in custody, a warrant shall be issued 
by the Court within whose district he is found, that warrant shall be sufficient 
authority to any person to whom it is directed to receive and detain the 
person therein named, and to carry him to and deliver him up to the Court 
within whose district the offence was committed, according to the warrant. 

55. (i) In cases of murder or manslaughter if either the death, or the 
criminal act which wholly or partly caused the death, happen within the 
jurisdiction of a Court acting under this order, that Court shall have the like 
jurisdiction over any British subject who is charged either as the principal 
offender, or as accessory before the fact to murder, or as accessory after the 
fact to murder or manslaughter as if both the criminal act and the death had 
happened within that jurisdiction, 



xlu Appendix No. II Turkish Arabia, 

(2) In the case of any offence committed on the high seas, or within the 
Adnr.frrJtv jurisdiction, by any British subject on board a British ship, or on 
l.c^d a furi.gn ship to \\hich he did not belong, the Court shall, subject to 
the provisions of this order, have jurisdiction as if the offence had been 
committed within the jurisdiction ot that Court. Incases tried under this 
Article no different sentence can be passed from the sentence which could 
be passed in England if the offence were tried there* 

(3) The foregoing provisions of this Article shall be deemed to be 
adaptations, for the purposes ot this Order and of " the Foreign Jurisdic- 
tion Act, iSgo/' of the following enactments, that is to say : 

"The Admiralty Offences (Colonial) Act, 1849.-" 
h The Admiralty Offences (Colonial) Act, 1860." 
" The Merchant Shipping Act, j 894," section 686 

56. Where the Supreme Court or a Provincial Court issues a summons 
or warrant against any person on a charge of an offence commitied on board 
of or in relation to a British ship, then, if it appears to the Court that the 
interests of public justice so require, that Court may issue a warrant or 
order for the detention of the ship, and may cause the ship to be detained 
accordingly, until the charge is heard and determined, and the order of the 
Court thereon is fully executed, or for such shorter time as the Court thinks 
fit , and the Court shall have power to make all such orders as appear to it 
necessary or proper for carrying this provision into effect. 

57. Any Act which, if done in the United Kingdom or in a British 
possession, A\ould be an offence against any of the following Statutes of the 
Imperial Parliament, or Orders in Council, that is to say. 

"The Merchandise Marks Act, 1887 /' 

"The Patents, Designs, and Trade Marks Acts, 1883 to 1888 \" 
Any Act, Statute, or Order in Council for the time being in force relat- 
* ing to copyright , or to inventions, designs, or trade marks ; 

Any Statute amending or substituted for any of the above-mentioned 
Statutes. 

Shall, if done by a British subject in the Ottoman dominions, be 
punishable as a grave offence against this Order, whether such act is done 
in relation to any property or right of a British subject, or of a foreigner, 
or native, or otherwise, howsoever : 

Provided 

(i) That a copy of any such Statute or Order in Council shall be pub- 
lished in the public office of the Consulates at Constantinople and Alexand- 
ria, and shall be there open for inspection by any person at all reasonable 
times ; and a person shall not be punished under this Article for anything 
done before the expiration of one month after such publication, unless the 
person offending is proved to have had express notice of the Statute or 
Order in Council. 



Appendix No. II Turkish Arabia. xhii 

(2) That a prosecution by or on behalf of a prosecutor who is not a 
British subject shall not be entertained unless the Court is satisfied that 
effectual provision exists for the punishment in Consular or other Courts in 
the Ottoman dominions of similar acts committed by the subjects of the 
State or Power of which such prosecutor is a subject, in relation to, or 
affecting the interests of British subjects. 

58. (i) The Supreme Court shall, \\henrequiredbytheSecretaryof 
State, send to him a report of the sentence of the Court in any case tried 
before that Court with a jury or assessors, with a copy of the Minutes and 
notes of evidence, and with any observations which the Court thinks fit 
to make. 

(2) Every Provincial Court shall, in accordance with Rules to be made 
under this Order, send to the Supreme Court a report of the sentence of 
the Court in every case tried by Court with assessors, with such Minutes, 
notes of evidence and other documents as such Rules may direct, and with 
any observations which the Court thinks fit to make. 

59 (a) The Court shall have and discharge all the powers, rights and 
duties appertaining to the office of Coroner in England in relation not only 
to deaths of British subjects happening in the district of the Court, but 
also to deaths of any persons having happened at sea on board British ships 
arriving m the district, and to deaths of British subjects having happened at 
sea on board foreign ships so arriving. 

(3) Every inquest shall be held with a jury of not less than three persons 
comprised in the jury list of the Court summoned for that purpose. 

(c) If any person fails to attend according to such summons, he shall 
be liable to a fine not exceeding the fine to which he would be liable in 
case of failure to attend as a juror in civil or rriminal proceedings. 

(/a?) In this Article the expression " the Court " includes the Registrar 
of the Supreme Court, but does not include a Local Court. 

60. (i) Where it is proved that there is reasonable ground to appre- 
hend that a British subject is about to commit a breach of the public peace 
or that the acts or conduct of a British subject are or is likely to produce 
or excite to a breach of the public peace the Court may, if it thinks fit 
cause him to be brought before it and require him to give security to the 
satisfaction of the Court, to keep the peace, or for his tuture good behaviour 
as the case may require. 

(2) Where a British subject is convicted of an offence before the Court, 
or before a Court in the sentence of whjch one of Her Majesty's Consular 
officers concurs, the Court for the district in which he is may, if it thinks fit, 
require him to give security to the .satisfaction of the Court for his future 
good behaviour, and for that purpose may (if need be) cause him to be 
brought before tsjje Court. 

(3) In either of the foregoing cases, if the person required to give 
security fails to do so, the Court may order that he be deported from the 
Ottoman dominions to such place as the Court directs. 



Appendix No. II Turkish Arabia. 



(4) The place shall be a place in some part (if any) of Her Majesty's 
dominions out of the United Kingdom, to which the person belongs or the 
Government of which consents to the reception of persons deported under 
tins Order, or in some part of a Protectorate of Her Majesty appointed by 
the Secretary of State 

(5) A Provincial Court shall report to the Supreme Court any order of 
deportation made by it, and the grounds, thereof, before the order is 
executed. The Supreme Court may reverse the order, or may confirm it 
with or without variation, and in case of confirmation, shall direct it to be 
carried into effect 

(6) The person to be deported shall be detained in custody until a fit 
opportunity for his deportation occurs. 

(j] He shallj as soon as is practicable, and in the case of a person 
convicted either after execution of the sentence or while it is in course of 
execution, be embarked in custody under the warrant of the Supreme 
Court, or, in Egypt (during the absence of a Judge of the Supreme Court), of 
the Provincial Court at Alexandria on board one of Her Majesty's vessels of 
war, or, if there is no such vessel available, then on board any British or 
other fit vessel bound to the place of deportation. 

(8) The warrant shall be sufficient authority to the commander or master 
of the vessel, to receive and detain the person therein named, and to carry 
him to and deliver him up at the place named, according to the warrant. 

(9) The Court may order the person to be deported to pay all or any 
part ot the expenses of his deportation. Subject thereto, the expenses of 
deportation shall be defrayed in such manner as the Secretary of State, with 
the concurrence of the I reasury, may direct 

(10) The Supreme Court shall forthwith report to the Secretary of State 
any order of deportation made or confirmed by it and the grounds thereof, 
and shall also intorm the Ambassador, or if in Egypt, Her Majesty's Agent 

(i r) If any person deported under this or any former Order returns to 
the Ottoman dominions \uthout permission in writing of the Secretary of 
State (which permission the Secretary of State may gi\e) he shall be 
deemed guilty ot a grave offence against this Order;" and he shall also be 
liable to be forthwith again deported 

(12) A local Court shall not exercise any jurisdiction under this Article. 

6 1. (i) Where a person is convicted before a Provincial or Local 
Court 

(a) If he considers the conviction erroneous in law, then, on his 
application, within the prescribed time (unless it appears merely 
frivolous, when it may be refused) ; or 

(6) If the Provincial or Local Court thinks fit to reserve for consider- 
ation, of the Supreme Court any question of law arising on the 
trial ; 



Appendix No. 11Turkish Arabia. 



the Provincial or Local Court shall state a case setting out the 
facts and the grounds of the conviction, and the question of law, 
and send it to the Supreme Court. 

(2) Thereupon the Provincial or Local Court shall, as it thinks fit, 
either postpone judgment on the conviction, or respite execution of the 
judgment, and either commit the person convicted to prison, or take 
security for him to appear and leceive judgment or to deliver himself for 
execution of the judgment (as the case may require) at an appointed time 
and place. 

(3) The Supreme Court, sitting without a jury or assessors, shall hear 
and finally determine the matter and thereupon shall reverse, affirm, or 
amend the judgment given or set it aside, and order an entry to be made 
in the Minutes that in the judgment of the Supreme Court the person ought 
not to have been convicted, or order judgment to be given at a subsequent 
sitting of the Provincial or Local Court, or make such other order as the 
Supreme Court thinks just, and shall also give all necessary and proper 
consequential directions. 

(4) The judgment of the Supreme Court shall be delivered in open 
Court after the public hearing of any argument offered on behalf of the 
prosecutor or of the person convicted. 

(5) Befoi e delivering judgment the Supreme Court may, if necessary, 
cause the case to be amended by the Provincial or Local Court. 

(6) The Supreme Court shall not annul a conviction or sentence, or 
vary a sentence, on the ground 

(a) Of any objection which if stated during the trial, might, in the 

opinion of the Sepreme Court, have been properly met by 
amendment by the Provincial or Local Court ; or 

(b) Of any error in the summoning of assessors ; or 

(c) Of any person having served as assessor who was not qualified ; 

or 

(d) Of any objection to any person as assessor which might have 

been raised before or at the trial; or 

(e) Of any informality in the swearing of any witness ; or 

(/) Of any error or informality which, in the opinion of the Supreme 
Court, did not affect the substance of the case or subject the 
convicted person to any undue prejudice. 

62. There shall be no appeal in a criminal case to Her Majesty the 
Queen in Council from a decision of the Supreme Court, except by special 
leave of Her Majesty in Council. 



Appendix No. II Turkish Arabia. 



PART IV Civil Matters. 

63. Subject to the provisions of this Order, the civil jurisdiction of 
every Court acting under this Order shall, as far as circumstances admit, 
be exercised on the principles of, and in conformity with, the statute and 
other law for the time being in force in and for England. 

64. (i) Every civil proceeding in the Court shall be taken by action, 
and not otherwise, and shall be designated an action. 

(2) For the purposes of any statutory enactment or other provision 
applicable under this Order to any civil proceeding in the Court, an action 
under this Order shall comprise and be equivalent to a suit, cause, or 
petition, or to any civil proceeding, howsoever required by any such 
enactment or provision to be instituted or carried on. 

65. (i) Every action shall be heard and determined in a summary 
way. 

(2) Every application in the course of an action may be made to the 
Court orally, and without previous formality, unless in any case the Court 
otherwise directs, or the rules of Court otherwise provide. 

(3) No action or proceeding shall be treated by the Court as invalid 
on account of any technical error or mistake in form or in words. 

(4) All errors and mistakes may be corrected, and times may be 
extended, by the Court in its discretion, and on such terms as the Court 
thinks just. 

66 (i) The sittings of the Court for the hearing of action shall, 
where the amount of business so requires, be held on stated days, 

(2) The sittings shall ordinarily be public, but the Court may, for 
reasons recorded in the Minutes, hear any particular case in the presence 
only of the parties and their le^al advisers and the officers of the Court. 

67. Every action shall commence by a summons, issued from the 
Court, on the application of the plaintiff, and served on the defendant (in 
this Order referred to as an original summons). 

68. The Registrar shall keep a book, called the Action Book, in which 
all actions brought in the Court shall be entered, numbered consecutively 
in each year, in the order in which they are commenced, with a short 
statement ot the particulars of each action, and a note of the several 
proceedings therein. 

69. (i) An original summons shall not be in force for more than 
twelve months from the day of its date (including that day). 

(2) If any defendant named therein is not served therewith, the 
plaintiff may, before the end of the twelve months, apply to the Court for 
renewal thereof, 

(3) The Court, if satisfied that reasonable efforts have been made to 
serve the defendant, or for other good reason, may order that the summons 



Appendix No. II Turkish Arabia. 



be renewed for six months from the date of renewal, and so, from time to 
time, during the currency of the renewed summons. 

(4) The summons shall be rene we- 1 by being re-sealed with the seal 
of the Court, and a note being made thereon by the Registrar, stating the 
renewal and the date thereof. 

(5) A summons so renewed shall remain in force and be available to 
prevent the operation of any statute of limitation, and for all other pur- 
po&es, as from the date of the original summons. 

(6) The production of a summons pui porting to be so renewed shall 
be sufficient evidence of the renewal and of the commencement of the 
action, as of the date of the original summons, for all purposes. 

70. If an action is not proceeded with and disposed of within twelve 
months from service of the original summons, the Court may, if it thinks 
fit, without application by any party, order the same to be dismissed for 
failure to proceed. 

71. The Court may, at any time, if it thinks fit, either on or without 
application of a defendant, order the plaintiff to put in further particulars 
of his claim. 

72. There shall ordinarily be no written pleadings ; but the Court 
may at any time, if it thinks lit, order the plaintiff to put in a written 
statement of his claim, or a defendant to put in a written statement of his 
defence. 

73. The evidence on either side-may, subject to the direction of the 
Court, be wholly or partly oral, or on affidavit, or by deposition. 

74. (i) Subject to the provisions of this Order, every action in the 
Supreme Court which involves the amount or value of fifty pounds or 
upwards shall, on the demand of either party in writing, filed in the Court 
seven days before the day appointed for the hearing, be heard with a jury. 

(2) Any other suit may, on the suggestion of any party, at any stage^ 
be heard with a jury, if the Court thinks fit. 

(3) Any suit may be heard with a jury if the Court, of its own motion, 
at any stage, thinks fit. 

75. (i) The Supreme Court may, if it thinks fit, hear any action with 
assessors. 

(2) A Provincial Court shall (subject to the provisions of this Order) 
hear with assessors every action which involves the amotint or value of three 
hundred pounds or upwards. 

(3) In all other cases a Provincial Court may, as it thinks fit, hear the 
action either with or without assessors. 

76. (i) After the issue of a summons by any Court, the decision of that 
Court may be given upon a special case submitted to the Court by the 
parties. 



advhi Appendix No. II Tarkish Arabia. 



(2 Any t>e : ?i'^n of a Provincial Court ma\ be given subject to a case 

to be stated by, or Uuder t>e direction of, that Court for the opinion or 
<l reckon ct :ho Supreme Court. 

77 The flowing provibi >ns apply to a Local Court : 

;i^ Such Court shall not exercise jurisdiction \\here the amount or 

\a ! ue in\o!\ed exceeds ten pounds. 
j) A Local Court shall, within fourteen days after the determination 

ot any action, report the action to the Provincial Court, and 

t-a^m;i to that Court a copy of the proceedings 

^5, A Lr.eal Cc;.rt sha'l have pouer to enforce any order by execution 
on the .^roas of the party ordered to pay, and not otherwise. 

- ; 4 An appeal to the Supreme Court from a Local Court shall lie as of 
course OR the r.~-"; n n *t dcing a deposit of one pound for 
costs to abide:/.? i>v.s'.o: on appeal, and execution shall 
thereupon be suspended. 

(5] After one month from the date of the decision of the Local Court 
an appeal shall not he except by leave of the Supreme Court. 

(6) The rr- -c !~ ps uith respect to an appeal under this Article shall 
be conducted as nearly as may be according to the provisions 
of this Order relating to appeals from Provincial Courts. 

j] In any case the Supreme Court may, if it thinks fit, on the applica- 
tion of any party, direct that the appeal be heard and deter- 
mined by the Provincial Court or in the Supreme Court. 

7$. u) Notwithstanding ar\ thing in this Order, the Court (for reasons 
recorded In the Afinutes; may at'ary time do any ot the follow inff thin as as 

the Court thinks just: & 

(i) Defer or adjourn the hearing or determination of any action, pro- 
ceeding, or application , 

(ii) Order or allow any amendment of any pleading or other docu- 
ment ; 

(in) Appoint or allow a time for, or enlarge or abridge the time 
appointed or allowed for, or allow further time for ; the doin<* 
of any act or the taking of any proceeding. & 

(2) Any order within the discretion of the Court may be made on such 
terms respecting time, costs, and other matters, as the Court thinks fit. 

79. (i) The Supreme Court may, if it thinks fit, on the application of 
any party, or of its own motion, order a rehearing of an action or of an 
appeal, or of any arguments on a verdict, or on any other question of law. 

(2) The provisions of this Order respecting a hearing with a jury or 
assessors shall extend to a rehearing of an action. 



Appendix No. II Turkish Arabia. 



(3) The Supreme Court may, if it thinks fit, direct any rehearing to be 
before the full Court. 

(4) If the party applying for a rehearing has by any order been ordered 
to pay money or do any other thing, the Court may direct either that the 
order be carried into execution, or that the execution thereof be suspended 
pending the rehearing, as it thinks fit. 

(5) If the Court directs the order to be carried into execution, the party 
in whose favour it is given shall before the execution give security to the 
satisfaction of the Court for performance of such order as shall be made on 
the rehearing. 

(6) If the Court directs the execution of the order to be suspended^ the 
party against whom it is given shall, before an order for suspension is given, 
give security to the satisfaction of the Judge for performance of such order 
as shall be made on the rehearing. 

(7) An application for a rehearing shall be made within the prescribed 
time. 

80. Subject to the provisions of this Order and the Rules of Court, the 
costs of, and incident to, all proceedings in the Court shall be in the discre- 
tion of the Court, provided that if the action is tried with a jury the cost 
shall follow the event, unless the Court shall for good cause ,(to be entered 
in the Minutes) otherwise order. 

81. (i) A Minute of every order, whether interlocutory or final, shall 
be made by the Court in the Minutes of Proceedings at the time when the 
judgment or order is given or made. 

(2) Every such Minute shall have the full force and effect of a formal 
order. 

(3) The Court may at any time order a formal order to be drawn up 
on the application of any party. 

82. Where the Court delivers a decision in writing, the original, or a 
copy thereof, signed by the Judge or officer holding the Court, shall be 
filed in the proper office of the Court with the papers in the action. 

83. (i) An order shall not be drawn up in form except on the applica- 
tion of some party to the action, or by direction of the Court, and shall then 
be passed and be certified by the affixing thereto of the seal of the Court, 
and it shall then be deemed to form part of the record in the actfon. 

(2) An order shall not be enforced or appealed from, nor shall an office 
copy of it be granted, until it forms part of the record. 

(3) An order shall bear the date of the day of the delivery of the 
decision on which the order is founded, 

(4) Any party to an action or proceeding is entitled to have an office 
"opy of any order made therein. 

84. (i) Ordinarily, an order of a Provincial or Local Court shall not 
i)e enforced out of the Consular district of the Consular officer making tte 
Drder. 

APPX. VOL. XIII. Y 



Appendix No. 1 1- Turkish Arabia. 



(2) Where, however, a Provincial Court thinks that the urgency or 
other peculiar circumstances of the case so require, that Court may, for 
reasons recorded in the Minutes, order that any particular order be enforced 
out of the paiticular district. 

85. AH money ordered by the Court jto be paid by a$y person shaJJ be 
paid into an office of the Court, unless tfie Court otherwise directs. 

86. Where money ordered by the Court to be paid is due for seamen's 
wages or 5s other money recoverable under " The Merchant Shipping Act, 
1894, w or other law relating to ships, a^d the person ordered to pay is 
master or owner of a ship, and the money is not paid as ordered, the Court 
in addition to other powers for compelling payment^ shall have power to 
direct that the amount unpaid be levied t>y seizure and sale of that ship. 

87. Where an order ordering payment of money remains wholly or in 
part unsatisfied, whether an execution order has been made or not, the 
person prosecuting the order (in this order called the judgment creditor) 
may apply to the Court for an order ordering the person by whom payment 
is to be made (in this order called the ji^gment debtor) to appear and be 
examined respecting his ability to make fhe payment : and the Court shall, 
unless it sees good reason to tfie contrary, make 'an orcfer apcprdingly. 

Where the order for the payjnenj: of money syas made by a ]L,ocal Court- 
the application under this' Article shall be made to tjie Provincial Court. 

88. (i) On the appearance of the judgment debtor, he may be examined 
on oath by or on behalf of the judgment creditor, and by the Court, res- 
pecting his ability to pay the money ordered to be paid, and for discovery 
of property applicable thereto, and respecting his disposal of any property. 

(2) He shall produce, on oath ^of" otherwise, all books, papers and 
documents in his possession or power" relating to spy prpperty applicable to 
payment. 

(3) Whether the jud? roent de^or appears or #qt, $e judgment cre- 
ditor, and any witness whom the Court j;hj$ks requisite, jmay be examined, 
on oath or otherwise, respecting the s$me matters. 

^ (4) The Courf may, if it thinks fit, adjourn the examination from time 
to time, and require ^from the judgment debtpr such security for his appear- 
ance as the Court thinks fit ; and, in default of his finding security may, by 
order, commit him to the custody of au officer 0f the Cpurt, there 'to remain 
until the adjourned hearing, ujjlegs sogner (discharged. 

89. If it appears to the Court, by the examination of the judgment 
debtor or other evidence, that j:he judgment 4eb(;or ^en has sufficient 
means to pay the money directed to J>e paid Ipy him, ^nd he refuses or 
neglects {o pay the same according to the grder, then and ij} any such case 
the Court may, i it thinks fit, by order,' corami hirn tg " pfisc>n for any time 
not exceeding forty days. 

90. On tlje elimination, the Court, if it tj^inl^s pt, whether it ma}<es an 
order for commitment or not, may rescind or alter any order for the payment 



Appendix No. II Turkish Arabia. 



of money by instalments or otherwise, and may make any further or other 
order, either for the payment of the whole amount forthwith, or by instal- 
ments, or in any other manner, as the Court thinks fit. 

gi. (i) The expenses of the judgment debtor's maintenance in prison 
shall be defrayed in the first instance by the judgment creditor and may be 
recovered by him from the judgment debtor, as the Court directs. 

(2) The expenses shall be estimated by the Court, and shall be paid by 
the Judgment creditor at such times and in such manner as the Court 
directs. 

(3) In default of payment the judgment debtor may be discharged, if 
the Court thinks fit. 

92. Imprisonment of a judgment debtor under the foregoing provisions 
does not operate as a satisfaction or extinguishment of the debt or liability 
to which the order relates, or protect the debtor from being anew imprisoned 
for any new default making him liable to be imprisoned, or deprive the 
judgment creditor of any right to have execution against his goods, as if 
there had not been such imprisonment. 

93. The judgment debtor, on paying at any time the amount ordered to 
be paid, and all costs and expenses, shall be discharged. 

94. (i) Where the order of the Court is one ordering some act to be 
done other than payment of money, there shall be endorsed on the copy of 
it served on the person required to obey it a memorandum in the words or 
to the effect following : 

If you, the within named A. B , neglect to obey this order within the 
time therein appointed, you will be liable to be arrested and your property 
may be sequestered. 

(2) Where the person directed to do the act fails to do it according to 
the order, the persons prosecuting the order may apply to the Courfcfor 
another order for the arrest of the disobedient person. 

(3) Thereupon the Court may make an order ordering and empowering 
an officer of the court therein named to take the body of the disobedient 
person and detain him in custody until further order. 

(4) He shall be liable to be detained in custody until he has obeyed the 
order in all things that are to be immediately performed, and given such 
security, as the Court thinks fit, to obey the order in other respects (if any) 
at the future times thereby appointed. 

95. If the debtor, against whom a warrant of arrest issues, cannot be 
found, or is taken or detained in custody without obeying the order, the 
person prosecuting the order may apply to the Court for an order of seques- 
tration against his property, 

96. (i) On proof of great urgency or other peculiar circumstances, 
the Court may, if it thinks fit, before service of a writ or summons in an 
action, and without notice, make an order of injunction, or an order to 

APPX. VOL. XIII. V 2 



hi Appendix No. II Turkish Arabia. 



sequester money or goods, or to stop the clearance of a vessel, or to hold to 
bail, or to attach property. 

(2) Before making the order the Court shall require the person 
applying for it to enter into a recognisance, with or without a surety or 
sureties, as the Court thinks fit, as security for his being answerable in 
damages to the person against whom the order is sought. 

(3) The order shall not remain in force more than twenty-four hours, 
and shall at the end of that time wholly cease to be in force, unless within 
that time an action is regularly brought by the person obtaining the 
order. 

(4) The order shall be dealt with in the action as the court 
thinks fit. 

97. (i) An order to hold to bail shall state the amount, including costs, 
for which bail is required. 

(2) It shall be executed forthwith. 

(3) The person arrested under it shall be entitled to be discharged from 
custody under it on bringing into Court the amount stated in the order, to 
abide the event of such action as may be brought, or on entering into a 
recognisance, without or with a surety or sureties, as the Court thinks fit, 
as security that he will abide by the orders of the Court in any action 
brought. 

(4) He shall be liable to be detailed in custody under the order for not 
more than seven days, if not sooner discharged ; but the Court may, from 
time to time, if it thinks fit, renew the order. 

(5) No person, however, shall be kept in custody under any such order 
and renewed order for a longer time, in the whole, than thirty days. 

^ 98. (i) Where an action is brought for the recovery of a sum 
exceeding five pounds, and it is proved that the defendant is about to 
abscond for the purpose of defeating the plantifFs claim, the Court may, if 
it thinks fit, order that he be arrested and delivered into safe custody, to be 
kept until he gives bail or security, with a surety or sureties, in such sum, 
expressed in the order, as the Court thinks fit, not exceeding the probable 
amount of debt, or damages, and costs to be recovered in the action, that 
he will appear at any time when called on, while the action is pending, 
and until execution or satisfaction or any order made against him, and that, 
in default of appearance, he will pay any money and costs which he is 
ordered to pay in the action. 

(2) The expenses incurred for the subsistence of the defendant while 
under arrest shall be paid by the plaintiffs in advance at such rate and in 
such amounts as the Court directs ; and the total amount so paid may be 
recovered by the plaintiff in the action, unless the Court otherwise directs. 

(3) The court may at any time, on reasonable cause shown, discharge 
or vary the order. 



Appendix No II Turkish Arabia. Hii 

99. (r) Where it is proved that the defendant, with intent to obstruct 
or delay the execution of any order obtained or to be obtained against him, 
is about to remove any property out of the jurisdiction of the Court, the 
Court may, if it thinks fit, on the application of the plaintiff, order that 
property to be forthwith seized and secured. 

(2) The court may at any time on reasonable cause shown, discharge 
or vary the order. 

100. (i) On proof of great urgency or other peculiar circumstances, 
after an action is brought, the Court may, if it thinks fit, on the application 

*bf a plaintiff, or of its own motion, make an order for stopping the 
clearance of or for the arrest and detention of, a vessel about to leave the 
district, other than a vessel enjoying immunity from civil process. 

(2) The Court may at any time, on reasonable cause shown, discharge 
or vary the order. 

101. (i) If it appears to the Court that any order made under any of 
the last four foregoing Articles of this Order was applied for on insufficient 
grounds, or if the plantiffs action fails, or judgment is given against him, 
by default or otherwise, and it appears to the Court that there was no 
sufficient ground for his bringing the action, the Court may, if it thinks fit, 
on the application of the defendant, order the plaintiff to pay to the defen- 
dant such amount as appears to the Court to be a reasonable compensation 
to the defendant for the expense and injury occasioned to him by the 
execution of the order. 

(2) Payment of compensation under this Article is a bar to any action 
for damages in respect of anything done in pursuance of the order, and any 
such action, if begun, shall be stayed by the Court in such manner and on 
such terms as the Court thinks fit. 

102. (i) Any agreement in writing between any British subjects to 
submit present or future differences to arbitration, whether an arbitrator is 
named therein or not, may be filed in the Court by any party thereto, and, 
unless a contrary intention is expressed therein, shall be irrevocable and 
shall have the same effect as an order of the Court. 

(2) Every such agreement is in this order referred to as a submission. 

(3) If any action is commenced in respect of any matter covered by a 
submission, the Court, on the application of any party to the action, may 
by order stay the action. 

103. (i) In any action 

(a) If all parties consent, or 

(K) If the matters in dispute consist wholly or partly of matters of 
account, or require for their determination prolonged examina- 
tion of documents or any scientific or local examination, 

the Court may at any time refer the whole action, or any question or issue 
arising therein, for enquiry and report, to the Registrar or any special 
referee. 



hv Appendix No. II Turkish Arabia. 

(2) The report of the Registrar or special referee may be adopted 
wholly or partially by the Court, and if so adopted may be enforced as a 
judgment ot the Court. 

(3) The Court may also in any case, with the consent of both parties 
to an action, or of any parties between whom any questions in the action 
arise (such consent being signified b)?- a submission) refer the action or 
the portions referred to in the submission to arbitration, in such manner 
and upon such terms as it shall think reasonable or just. 

(4) In all cases of reference to a Registrar, special Referee, or Arbi- 
trator, under any order of the Court, the Registrar, special Referee, or 
Arbitrator shall be deemed to be an officer of the Court, and shall have 
such powers and authority, and shall conduct such reference or arbitration 
in such manner as may be prescribed by any rules of Court, and subject 
thereto as the Court may direct. 

104. Subject to the Rules of Court, the Court shall have authority to 
enforce any submission, or any award made thereunder, and to control 
and regulate the proceedings before and after the award, in such manner 
and on such terms as the Court thinks fit 

105 (i) Each Court shall, as far as circumstances admit, have, for 
and within its own district, with respect to the following classes of persons 
being either resident in the Ottoman dominions, or carrying on business 
there, namely, resident British subjects and their debtors and creditors, 
being British subjects, or Ottoman subjects or foreigners submitting to 
the jurisdiction of the Court, all such jurisdiction in bankruptcy as for the 
time being belongs to the High Court and the County Courts in England. 

(2) Proceedings in bankruptcy shall be originated by a summons to 
the party to be made bankrupt to shov\ cause why he should not be 
adjudicated bankrupt or by a summons, issued by a debtor himself to his 
creditor, or any of his creditors, to show cause why he (the debtor should 
not be adjudicated bankrupt,) 

(3) On or at any time after the issue of such a summons the Supreme 
Court may stay any proceedings pending in any Court in any action, 
execution, or other legal process against the debtor in respect of any 
debt _ probable in bankruptcy, or it may allow such proceedings, whether 
pending at the commencement of the bankruptcy or began during the 
continuance of the bankruptcy, to proceed on such terms as the Court 
thinks fit. 

(4) The Court may, on or at any time after the issue of such a 
summons, appoint a receiver or manager of the property or business of the 
debtor or of any part thereof, and may direct immediate possession to be 
taken by an officer of the Court, or under the control of the Court, of that 
property or business, or of any part thereof. 

106.^(1) The Supreme Court shall have Admiralty jurisdiction for 
and within the Ottoman dominions and Ottoman waters, and over vessels 
and persons coming within the same. 



Appendix No, II Turkish Arabia. 



(2) The following enactments of " The Colonial Courts of Admiralty 
Act/ 1890," that is to say, section 2, sub-sections (2) to (4) ; sections 5 and 
6; section 6, sub-section (13); shall apply to the Supreme Court as if 
that Court were a Colonial Court of Admiralty, and as if the Ottoman 
dominions were a British possession ; and for the purpose of this applica* 
tion the expressions " judgment " and 4< appeal " shall in the enactments 
so applied have the same respective hieanings as are assigned thereto in 
section 15 of the said Act 

(3) During the absence from Egypt of a Judge of the Supreme 
Court, the jurisdiction of the Supreme Court under this Article shall, 
subject to any Rules oi Court, be exercised by the Provincial Court at 
Alexandria. 

107, The- Supreme Court shall, as far as circumstances admit, have 
for and within the Ottomorr dominions, with respect to British subjects, 
all such jurisdiction, except the jurisdiction relative to dissolution or 
nullity or jactitation of ma'rriage as for the time being belongs to the 
High Court in England. 

108. (i) The Supreme Court shall, as far as circumstances admit, 
have, for and within the Ottoman dominions, in relation to British subjects, 
all such jurisdiction relative to the custody and management of the persons 
and estates of lunatics, as for the time being belongs to the Lord Chan- 
cellor or other Judge or Judges in England entrusted by virtue of Her 
Majesty's Sign Manual with the care and commitment of the custody of 
the persons and estates of lunatics. 

(2) A Provincial Court shall, as far as circumstances permit, have in 
relation to British subjects, such jurisdiction relative to the custody and 
management of the persons and estates of lunatics as for the time being 
may be prescribed by rules of Court, and until such rules are made, and so 
far as such rules do not apply, as may be exercised in England ^ by the 
judicial authority and by the Masters in Lunacy under the provisions of 
" Lunacy Act, 1890," and any Act amending the same. 

(3) In any such case- the Provincial Court may, of its own motion, or on 
the application of any person interested, take or authorise such steps as 
to the Court may seen necessarj or expedient for the immediate protec- 
tion of the person and property of any person appearing to the Court to be 
a lunatic and may, from time to time, revoke, or vary, or supplement any 
order or proceeding taken in the matter.' 

(4) Subject to the provisions of this Article and to any rules of Court, 
a Provincial Court shall not proceed in any such matter except under and 
according to the directions of the Supreme Court. 

(5) Sections 5 to 7 of "The Lunatics Removal (India) Act, 1851 " 
(14 and 15 Viet., cap 81), shall apply to the Ottoman dominions, with the 
substitution of " the Supreme Court " for " the Supreme Court of Judicature 
at any of the Presidencies of India/' Provided that the jurisdiction of the 



Ivi Appendix No. II Turkish Arabia. 



Supreme Court under those sections may, during the absence of a Judge 
thereof, be exercised in and for Egypt by the Provincial Court at 
Alexandria. 

109. (r) The Supreme Court shall, as far as circumstances admit, 
have, for and within the Ottoman dominions, with respect to the wills and 
the property in the Ottoman dominions of deceased British subjects, all 
such jurisdiction as for the time being belongs to the High Court in 
England. 

(2) A Provincial Court shall have power to grant probate or letters 
of administration where there is no contention respecting the right to the 
grant, and it is proved that the deceased was resident at his death within 
the particular jurisdiction. 

(3) Probate or administration granted by a Court under this Order 
shall have effect over all the property of the deceased within the Ottoman 
dominions, and shall effectually discharge persons dealing with an 
executor or administrator thereunder, notwithstanding that any defect 
afterwards appears in the grant, 

(4) Notwithstanding anything in this order, the Court shall not 
exercise the jurisdiction conferred by this Article in any case where the 
deceased, though a protected person was at the time of his death an 
Ottoman subject and in the construction of the provisions of this Order 
relating to probate and administration, the expression " British subject " 
shall not include any such protected person. 

i to. A British subject may in his lifetime deposit for safe custody 
in the Court, his own will, sealed up under his own seal and the seal of 
the Court. 

in. (i) Where probate, administration, or confirmation is granted in 
England, Ireland and Scotland, and therein, or by a Memorandum thereon 
signed by an officer of the Court granting the same, the testator or intestate 
is stated to have died domiciled in England, Ireland and Scotland (as the 
case may be), and the probate, administration, or confirmation is produced 
to, and a copy thereof is deposited with, the Supreme Court, the Court 
shall write thereon a certificate of that production and deposit under the 
seal of the Court ; and thereupon notwithstanding anything in this Order, 
the probate, administration, and confirmation shall, with respect to the 
personal property in the Ottoman dominions of the testator or intestate, 
have the like effect as if he had been resident in those dominions at his 
death, and probate or administration to his personal property there had 
been granted by the Supreme Court. 

(2) Any jperson^ who, in reliance on an instrument purporting to be a 
probate, administration or confirmation granted in England, Ireland or 
Scotland, and to bear such a certificate of the Supreme Court as in this 
Article prescribed, makes or permits any payment or transfer, in good faith, 
shall be by virtue of this Order indemnified and protected in respect thereof, 



Anpendix No. II Turkish Arabia. 



in the Ottoman dominions, notwithstanding anything affecting the validity 
of the probate, administration, or confirmation. 

(3) The following shall be the terms ot the certificate of the Supreme 
Court in this Article prescribed, namely : 

This probate has [or these letters of administration have, or this 
confirmation has] been produced in this, and a copy thereof has been 
deposited with this Court. 

112. Section 51 of "The On*r"oyi n n*\<: (Scotland) Act, 1874," and any 
enactment for the time being in force amending or substituted for the same, 
are hereby extended to the Ottoman dominions, \\ith the adaptation follow- 
ing, namely: 

The Supreme Court is hereby substituted for a Court of Probate In a 
Colony. 

113. (i) Each Consular officer shall endeavour to obtain, as early as 
may be, notice of the death of every British subject dyr\~ ^t^'tV 
particular jurisdiction, whether resident or not, and all s ic*. ;::.". r-.\r..;^ 
respecting his affairs as may serve to guide the Court with respect to the 
securing and administration of his property. 

(2) On receiving notice of the death the Consular officer shall put up a 
notice thereof at the Court-house, and shall keep the same there until 
probate or administration is granted, or where it appears to him that 
probate or administration will not be applied for, or cannot be granted, for 
such time as he thinks fit 

114. (i) Where a British subject resident dies in the Ottoman 
dominions, or elsewhere, intestate, then, until administration is granted, his 
personal property in the Ottoman dominions shall be vested in the Judge of 
the Supreme Court. 

(2) Where a British subject not resident dies in the Ottoman dominions, 
the Court within whose particular jurisdiction he dies and \vhere a British 
subject resident dies elsewhere, the Court within whose jurisdiction any 
property of the deceased is situate shall, w here the circumstances of the 
case appear to the Court so to require, forthwith on his death, or as soon 
after as may be, take possession of his personal property within the 
particular jurisdiction, or put it under the seal of the Court (in either case if 
the nature of the property or other circumstances so require, making an 
inventory), and so keep it until it can be dealt with according to law. 

115. If any person named executor in the will of the deceased takes 
possession of and administers or otherwise deals with any part of the 
personal property of the deceased, and does not obtain probate within one 
month after the death, or after the termination of any suit or dispute 
respecting probate or administration, he shall be guilty of an offence and 
shall be liable to a fine not exceeding fifty pounds. 

r 1 6. If any person, other than the person named executor or an adminis- 
trator or an officer of the Court, takes possession of and ^administers or 



Appendix No. II Turkish Arabia. 



otherwise deals \iith any part of the personal property of a deceased British 
subject, whether resident or not, he shall be deemed guilty of a contempt of 
Court, and shall be liable to a fine not exceeding fifty pounds. 

1 17. Where a person appointed exutor in a will survives the testator, 
but either dies without having taken probate, or havifig been called on by 
the Court to take probate, does not appear, his right in respect of the 
executorship wholly ceases ; and, without further renunciation, the represent- 
ation to the testator and the administration of his property shall go and may 
be committed as if that person had not been appointed executor. 

1 18. (i) Where a British subject dies in the Ottoman dominions, any 
other such subject having in his possession, or under his control, any paper 
or writing of the deceased, being, or purporting to be testamentary, shall 
forthwith bring the original to the Court within whose particular jurisdiction 
the death happens, and deposit it there. 

If any person fails to do so for fourteen days after having knowledge of 
the death of the deceased, he shall be guilty of an offence and liable to a 
fine not exceeding fifty pounds. 

(2) Where it is proved that any paper of the deceased, being or 
purporting^ to be testamentary, is in the possession or under the control of a 
British subject, the Court may \\ hether a suit or proceeding respecting probate 
or administration is pending or not, order him to produce the paper and bring 
it into Court. 

'3) Where it appears to the Court that these are reasonable grounds 
for believing that any person has knowledge of any paper being or purporting 
to be testamentary (although it is not shown that the paper is in his posses- 
sion or under his control) the Court may, \\hether a suit or proceeding for 
probate or administration is pending or not, order that he be examined 
respecting it before the Court or elsewhere, and that he do attend for that 
purpose, and after examination order that he do produce the paper and 
deposit it in Court 

119 (i) A person claiming to be a creditor or legatee, or the next-of- 
kin, ^ or one of the next-of-kin, of a deceased person may apply for and 
obtain a summons from the Court requiring the executor or administrator 
(as the case may be) of the deceased to attend bofore the Court and show 
cause why an order should not be made for the administration of the 
property under the direction of the Court. 

(2) On proof of service of the summons, or on appearance of the 
executor or administrator, and on proof of all such other things (if any) as 
the Court thinks fit^the Court may, if it thinks fit, make an immediate order 
for such administration, 

(3) The Court shall have full discretionary power to make or refuse 
any such Order, or to give any special directions respecting the carriage or 
execution ^of it, and in the case of applications for such an order by two 
or more different persons or classes of persons, to grant the same to such one 
or more of the claimants, or classes of claimants, as the Court thinks fit. 



Appendix No. II Turkish Arabia. liar 



(4) If the Court thinks fit, the carriage of the order may subsequently 
be given to such person, and on such terms, as the Court thinks fit, 

(5) On making such an order, or at any time afterwards, the Court 
may, if it thinks fit, make any further or other order for compelling the 
executor or administrator to bring into Court for safe custody all or any part 
of the money, or securities, or other property of the deceased, from time to 
time coming to his hands, or otherwise for securing the safe keeping of the 
property of the deceased, or any part thereof. 

(6) If the extreme urgency or other peculiar circumstances of the case 
appear to the Court so to require (for reasons recorded in the minutes), the 
Court may of its own motion issue such a summons, and make such an order 
or such orders and cause proper proceedings to be taken thereon. 

120. (i) In a case of apparent intestacy where the circumstances of 
the case appear to the Court so to require (for reasons recorded in the 
Minutes), the Court may, if it thinks fit, of its own motion, grant adminis- 
tration to an officer of the Court. 

(2) The officer so appointed shall act under the direction of the Court, 
and shall be indemnified thereby. 

(3) He shall publish such notices, if any, as the Court thinks fit, in the 
Ottoman dominions, the United Kingdom, India, and elsewhere. 

(4) The Court shall require and compel him to file in the Court his 
accounts of his administration at intervals not exceeding three months. 

(0 The accounts shall be in all cases audited by the Supreme Court ; 
for which purpose every Provincial Court shall on the first day of February 
and the first day of August in every year, send to the Supreme Court all 
accounts so filed in the then last preceding half-year. 

(6) A commission of five per cent., or such less amount as the Secretary 
of State directs, may be charged on an estate administered under this Article 
and the amount thereof shall be calculated and applied as the Secretary of 
State directs. . 

M All expenses incurred on behalf of the Court in the execution of this 
Article and the said commission shall be thirst charge OP the : personal 
property of the deceased in the Ottoman dominions, and the Court shall by 
?ale P of part of that property or otherwise, provide for the discharge of those 
expenses and the payment of the said commission. 

121. Where it appears to the Court that the value of the property or 



Court under this Article shall be recorded in the Minutes. 



Appendix No. II Turkish Arabia. 



122. (i) Where an action in Provincial Court involves the amount 
or value of fifty pounds or upwards, any party aggrieved by any decision of 
that Court, with or without assessors, in the action shall have the right to 
appeal to the Supreme Court against the same, on the following conditions, 
namely : 

(J) The appellant shall give security to the satisfaction of the Provin- 
cial Court to an amount not exceeding one hundred pounds for 
prosecution of the appeal, and for payment of any costs that may 
be ordered by the Supreme Court on the appeal to be paid by 
the appellant to any person ; 

(ii) The appellant shall pay to the Provincial Court such sum as the 
Provincial Court thinks reasonable, to defray the expense of the 
making up and transmission of the record to the Supreme Court. 

(2) In any other case a Provincial Court may, if it thinks fit, give leave 
to appeal on the conditions aforesaid. 

(3) In any case the Supreme Court may give leave to appeal on such 
terms as it thinks fit. 

(4) After three months from the date of a decision of the Provincial 
Court, an appeal against it shall not lie except by leave of the Supreme 
Court. 

(5) After six months from the date of a decision of the Provincial 
Court, application for lea\e to appeal against it shall not be entertained by 
the Supreme Court 

123. (i) Where a person ordered to pay money, or to do any other 
thing, appeals, the Provincial Court shall direct 'either that the decision 
appealed from be carried into execution or that the execution thereof be 
suspended pending the appeal, as that Court thinks fit 

(2) If the Provincial C ourt directs the decision to be carried into execu- 
tion, the person in whose favour it is given shall, before the execution of it, 
give security to the satisfaction of the Court for performance of any order to 
be made on appeal. 

(3) If the Provincial Court directs the execution of the decision to 
be suspended, the person against whom it is gnen shall, before an order for 
suspension is made, give security to the satisfaction of the Provincial Court 
for performance of such order as shall be made on appeal 

124. (i) The Appellant shall file an appeal motion-paper in the Provin- 
cial Court. 

(a) He may at the same time file any argument which he desires to 
submit to the Supreme Court in support of the appeal. 

(3) Copies of the motion-paper and the argument (if any) shall be 
served on such persons as respondents as the Provincial Court directs. 



Appendix No. II 7 urkish Arabia, bci 



125. (i) A respondent may, within the prescribed time after service 
of the motion-paper, file in the Provincial Court a motion-paper of cross- 
appeal (if any) and such argument as he desires to submit to the Supreme 
Court on the appeal and cross-appeal, if any. 

(2) Copies thereof shall be furnished by the Provincial Court to such 
persons as that Court thinks fit. 

126. (i) On the expiration of the prescribed time last referred to, the 
Provincial Court shall, without the application of any party, make up the 
record of appeal, which shall consist of the writ of summons, statements of 
claim and defence (if any), orders, and proceedings, all written and docu- 
mentary evidence admitted or tendered, or a certified copy thereof, and 
the notes of the oral evidence, the appeal and cross-appeal motion-paper 
and the arguments (if any). 

(2) The several pieces shall be fastened together, consecutively, 
numbered ; and the whole shall be secured by the seal of the Court, and be 
forthwith forwarded by it to the Supreme Court. 

The Provincial Court shall not, except for some special cause, take on 
itseH the responsibility of the charge, or of the transmission to the Supreme 
Court, of original letters or documents produced in evidence. They shall 
be returned to the parties producing them ; and those parties shall produce 
the originals, if required by the Supreme Court, at or before the hearing of 
the appeal. 

127. (i) After the record of appeal is transmitted, until the appeal is 
disposed of, the Supreme Court shall be in exclusive possession of the 
whole action, as between the parties to the appeal. 

(2) Every application in the action, as between the parties to the 
appeal, shall be made to the Supreme Court, and not to the Provincial Court ; 
but any application may be made through the Provincial Court. 

128. (i) The Supreme Court shall, after receiving the record of appeal, 
fix a day for the hearing of the appeal, and shall give notice thereof through 
the Provincial Court to the parties to the appeal, such a day being fixed 
as will allow of the parties attending in person or by counsel or solicitor ; 
if they so desire. 

(2) But if all the separate parties to an appeal appear hi person before 
the Supreme Court, or appoint persons there to represent them as their 
counsel or solicitors in the appeal, and cause the appearance or appointment 
to be notified to the Supreme Court, the Supreme Court may dispose of the 
appeal, without being required to give notice through the Provincial Court, 
to the parties to the appeal, of the day fixed for the hearing thereof* 

129. The Supreme Court may, if it thinks fit, require a party to an 
appeal to appear personally before it on the hearing of the appeal, or on 
any occasion pending the appeal. 

130. It is not open, as of right, to a party to an appeal to adduce new 
evidence in support of his original case, but a party may allege any 



hdi Appendix No. II Turkish Arabia. 



material facts r } iat have come to his knowledge alter the decision of the 
Provincial Court, and the Supreme Court may in any case, if it thinks fit, 
allow or require new evidence to be adduced. 

131. (i) The Supreme Court may make any orders necessary for 
determining the real question in controversy in the action as among the 
parties to the appeal, and for that purpose may amend any defect or error 
in the record of appeal, and may enlarge the time for any proceeding 
except as otherwise by this Order expressly provided. 



(2) The Supreme Court may direct the Provincial Court to inquire into 
and certify its finding on any question, as between the parties to the appeal, 
or any of them, which the Supreme Court thinks fit to determine before 
final judgment is given in the appeal, 

(3) Generally, the Supreme Court shall, as among the parties to the 
appeal, have as full jurisdiction over the whole action as if it had been 
originally instituted and prosecuted in the Supreme Court by parties 
subject to the original jurisdiction of the Supreme Court. 

(4) The Supreme Court may, if it thinks fit, remit the action to the 
Provincial Court, to be reheard, or to be otherwise dealt with as the 
Supreme Courts directs. 

(5) The powers of the Supreme Court under this Order rky be 
exercised, notwithstanding that the appeal is brought against part only of 
the decision of the Provincial Court. 

(6) Those powers may be exercised in favour of all or any of the 
parties to the action, although they have not appealed from, or complained 
of, the decision. 

132* (i) Notwithstanding anything in this Order, an appeal to the 
Supreme Court shall not lie from an order of the Provincial Court, made on 
the application of one party, without notice to the other party. 

(3) But, if any person thinks himself aggrieved by such an order, he 
may> op notice to tre other party, apply to the Provincial Court to vary or 
discharge the order* and an appeal shall he from the decision on that 
application, 

133, (i) Where a final judgment or order of the Supreme Court made 
in a ciyil action involves the amount or value of five hundred pounds or 
upwards, any party aggrieved thereby may, within the prescribed time, or, 
if no time is prescribed, within fifteen days after the same is made or given 
appty by motion to the Supreme Court for leave to appeal to Her Majesty 
the Queen ia Council. 

(2) 5;he applicant shall give security to the satisfaction of the Court 
to an amemut not exceeding five hundred pounds for prosecution of the 
appeal, and for payment of all such costs as may be awarded to any respon- 
dent by Her Majesty ia Council, or by the Lords of the Judicial Committee 
of Her Majesty's Privy Council 



Ixiv Appendix No. IITurkUh Arabia. 



No proceedings shall *be invalidated by any informality, mistake or 
Omission, so long as, in the opinion of any Court before which any question 
arises, the essential requisites of law and justice have been complied 
with. 

Provision may, amongst other things, be made by rules under this 
Article 

(a) For authorising the Court to grant and enforce search warrants ; 

{b) For regulating the procedure in the case of references or arbi- 
trations before Registrars, special Referees or Arbitrators 
appointed by the Court and for enforcing awards ; 

(c) For enforcing by distress, or by attachment, or commitment, 

judgments or orders of the Court, or payment of any 
damages, costs, penalties, fines, or forfeitures , 

(d) For the sale of things forfeited ; 

(e) For garnishee process ; 

(/) For attachments of property in order to compel appearance or 
submission to the jurisdiction or process of the Court, and 
authorizing the Court to compel, by fine distress, or recogni- 
sance, or in default of security by commitment, the attendance 
of -witnesses before the Court, or before a Colonial or other 
Court to which a case is sent for trial ; 

(g) For regulating the mode in which legal practitioners are to be 
admitted to practise as such, and for withdrawing the right to 
practise on grounds of misconduct ; 

(A) For prescribing and enforcing the fees to be taken in respect 
of any proceedings under this Order, not exceeding, as 
regards any matters provided for by " The Consular Salaries 
and Fees Act, 1891," fees fixed and allowed from time to 
time any Order in Council made under that Act ; 

(0 For prescribing a scale of payments to be made to a complainant 
or witness, or a jury or Assessors (in criminal cases only), and 
the conditions upon which an order may be made by the 
Court for such payments ; 

(/) For prescribing scales of costs to be paid to practitioners ; 

(t) For taking and transmitting depositions of witnesses for use at 
trials in a Colony or in England. 

Provided that the scales of all fees, expenses, and costs prescribed 
under the provisions of this Order shall have been sanctioned by the 
Treasury. 

Provided also that any legal practitioner, whose right to practise 
before the Supreme Court has been withdrawn, shall be entitled to appeal 
to Her Majesty in Council. 



Appendix No. II Turkish Arabia. Ixv 

137. (i) The Court may in any case, if it thinks fit, on account of the 
poverty of a party, or for any other reason, provisionally dispense with the 
payment of any fee in whole or in part. 

(2) Payment of fees payable under any rules to be made in pursuance 
of this Order, and of costs and of charges and expenses of witnesses, pro-* 
secutions, punishments, and deportations, and of other charges and expenses, 
and of fines respectively payable under this Order, may be enforced under 
order of the Court by seizure and sale of goods, and, in default of sufficient 
goods, by imprisonment as a civil prisoner for a term not exceeding one 
month, but such imprisonment shall not operate as a satisfaction or extin- 
guishment of the liability. 

(3) Any bill of sale or mortgage, or transfer of property made with a 
view of avoiding seizure or sale of goods or ship under any provision of this 
Order, shall not be effectual to defeat the provisions of this Order. 

138. (i) Every summons, order, and other document issuing from the 
Court shall be in English, French, or Italian. 

(2) Every pleading and other document filed in the Court in a civil or 
criminal proceeding by a party thereto shall be in English, or French, or 
Italian, 

(3) Every affidavit used in the Court shall be in English or in the 
ordinary language of the person swearing it. 

(4) An affidavit in any language other than English, or French or 
Italian shall be accompanied by a sworn translation into English, or French 
or Italian, procured by and at the expense of the person using the affidavit. 

(5) Where there is a jury all the proceeding s*bef ore the jury shall be 
conducted in English evidence, if given in any other language, being 
interpreted. ^ 

139. (i) Summonses, orders and other documents issuing from the 
Supreme Court, shall be sealed with the seal of that Court. 

(2) Those issuing from a Provincial or Local Court shall be sealed 
with the official seal of the Consular officer by whom they are issued. 

140. (i) In every case, civil or criminal, Minutes of the proceedings 
shall be drawn up, and shall be signed by the Judge or Consular officer 
before whom the proceedings are taken, and shall where the trial is held 
with Assessors, be open for their inspection and for their signature if 
concurred in by them. 

(2) These Minutes, with the depositions of witnesses, and the notes of 
evidence taken at the hearing or trial by the Judge or Consular officer, shall 
be preserved in the public office of the Court, 

141. (i) Every person doing an act or taking a proceeding in the 
Court as plaintiff in a civil case, or as making a criminal charge against 

APPX. VOL. XIII, Z 



Uvi Appendix No. II Turki&h Arabia. 

another person, or otherwise, shall do so in his own name and not otherwise 

and either 

(a) By himself , or 

(b) By a legal practitioner ; or 

(c) By his attorney or agent thereunto lawfully authorized in writing 

and approved by the Court, 

(a) Where the act is done or proceeding taken by an attorney (other 
than a legal practitioner), or by an agent, the power of attorney, or instru- 
ment authorizing the agent, or an authenticated copy thereof, bhall be first 
filed in the Court. 

(3) Where the authority has reference only to the particular proceeding, 
the original document shall be filed. 

(4) Where the authority is general, or has reference to other matters 
in which the attorney, or agent is empowered to act, an authenticated copy 
of the document may be filed. 

142, (i) In any case, criminal or civil, and at any stage thereof, the 
Court either of its own motion or on the application of any party, may 
summon a British subject to attend to give evidence, or to produce docu- 
ments, or to be examined, 

(2) If the person summoned, having reasonable notice of the time and 
place at^hich he is required to attend, and his reasonable expenses having 
been paid or tendered, fails to attend and be sworn, and give evidence, or 
produce documents, or submit to examination accordingly, and does not 
excuse his failure to the satisfaction of the Court, he shall be guilty of an 
offence against this Order. 

(3) A person punished under this Article shall not be liable to an 
action in respect of the same matter ; and any such action if begun, shall 
be stayed by the Court in such a manner and on such terms as the Court 
thinks fit. 

143. If, in a criminal case, a witness appearing before the Court, either 
in obedience to a summons, or on being brought up under a warrant, refuses 
to take an oath, or, having taken an oath, to answer any question put to him, 
and does not excuse his refusal to the satisfaction of the Court, he shall be 
guilty of an offence, and shall be liable to be forthwith committed to prison, 
for not more than seven days, 

144. The following Acts, namely: 

"The Foreign Tribunals Evidence Act, 1856," 
"The Evidence by Commission Act, 1859," 

"The Evidence by Commission Act, 1885," or so much thereof as is 
for the time being in force, and any enactment for the time being in force 
amending or substituted for the same, an* hereby extended to the Ottoman 
dominions, with the adaptations following, namely ; 



Apoendix No. II Turkish Arabia. 



Fn the said Acts the Supreme Court is hereby substituted for a Supreme 
Court in a Colony 

145. The following Acts, namely : 

" The British Law Ascertainment Act, 1859;' 

"The Foreign Law Ascertainment Act, 1 86 i, n or so much thereof as 
is for the time being in force, and any enactment for the time being in force 
amending or substituted for the same, are hereby extended to the Ottoman 
dominions, with the adaptation following, namely : 

In the said Acts the Supreme Court is hereby substituted for a Superior 
Court in a Colony. 

146. If in any case, civil or criminal, a British subject wilfully gives 
false evidence on oath in the Court, or on a reference, he shall be deemed 
guilty of wilful and corrupt perjury, 

^147. The Supreme Court may, if it thinks fit, order that a Commission 
do issue for examination of witnesses at any place out of the Ottoman 
dominions, on oath, by interrogatories or otherwise, and may, by order, give 
such directions touching the time, place, and manner of the examination, 
or .anything connected therewith, as to the Court appear reasonable and 
just 

148, (s) Every male resident subject, being of the age of twenty- 
one years or upwards,- havi'ng a competent knowledge of the English 
language,- having or earning a gross income at such rate as may be fixed 
by Rules of Court,- not having been attainted of treason or felony, or 
convicted of any crime that is infamous (unless he has obtained a free 
pardon) and not being under outlawry, shall be qualified to serve on a 
jury. 

(2) All persons so qualified shall be liable so to serve, except the 
following : 

Persons in Her Majesty's Diplomatic, Consular, or other Civil Service, 
in actual employment ; 

Officers, clerks, keepers of prisons, messengers, and other persons 
attached to or in the service of the Court ; 

Officers and others on full pay in Her Majesty's navy or army, or in 
actual employment in the service of any Department connected therewith ; 

Persons holding appointments in the Civil, naval, or military service 
.of the Sublime Ottoman Porte ; 

Clergymen and ministers in the actual discharge of professional duties; 

Legal practitioners in actual practice ; 

Physicians, surgeons, and apothecaries in actual practice : 

Persons disabled by mental or bodily infirmity. 

,(3) A jury shall consist of five jurors. 

APPX. VOL. XIII. 1 2 



Appendix No. II Turkish Arabia. 



(4) In civil and in criminal cases the like challenges shall be allowed 
as m England, with this addition, that in civil cases each party may 
challenge three jurors peremptorily. 

(5) A jury shall be required to give an unanimous verdict, 

(6) Where there is to be a hearing with a jury, the court shall summon 
so many of the persons comprised in the jury list, not fewer than twelve, 
as seem requisite. 

(7) Any person failing to attend according to the summons shall be 
deemed guilty of a contempt of Court, and shall be liable to a fine not 
exceeding ten pounds. 

149. (i) An Assessor shall be a competent and impartial subject, of 
good repute, resident in the district of the particular Court, and nominated 
and summoned by the Court for the purpose of acting as Assessor. 

(2) In the Supreme Court there may be one Assessor or two Assessors, 
as the Court thinks fit. 

(3) In a Provincial Court there shall ordinarily be not fewer than two, 
and not more than four, Assessors. Where, however, by reason of local 
circumstances, the Court is able to obtain the presence of one Assessor only, 
the Court may, if it thinks fit, sit with one Assessor only : and where, for 
like reasons, the Court is not able to obtain the presence of any Assessor, 
the Court may, if it thinks fit, sit without m an Assessor, the Court, in 
every case, recording in the Minutes its reasons for sitting with one 
Assessor only or without an Assessor. 

(4; An Assessor shall not have any voice in the decision of the Court 
in any case, civil or criminal \ but an Assessor dissenting, in a civil ^ case, 
from any decision of the Court, or, in a criminal case, from any decision of 
the Court or the conviction or the amount of punishment awarded, may 
record in the Minutes his dissent, and the grounds thereof, and shall be 
entitled to receive without payment, a certified copy of the Minutes. ^ An 
Assessor dissenting shall be entitled to receive, without payment, a certified 
copy of the Minutes. 

PART VI. Ottoman and Foreign Subjects and Tribunals. 

150, (i) Where an Ottoman subject or foreigner desires to institute 
or take in the Court an action against a British subject, or a British subject 
desires to institute or take in the Court an action again >t an Ottoman 
subject or foreigner, the Court shall entertain the t-ame, and shall hear and 
determine it, either by the Court sitting alone, or, if all parties desire, or 
the Court, having regard to it? jurisdiction, thinks fit to direct, a trial with 
a jury or assessors, then with a jurv ( r assessors, but in all other respects 
according to the ordinary course of the Court. 

(2) Provided that the Ottoman subject or foreigner, if so required by 
the Court, first obtains ana files in the Court the consent in writing of the 
competent authority on behalf of the Sublime Ottoman Porte or of his own 



Appendix No. II Turkish Arabia. Ixis 



nation (as the case may be) to his submitting, and does submit, lo the 
jurisdiction of the Court, and, if required by the Court, give security to the 
satisfaction cf the Court, and to such reasonable amount as the Court thinks 
fit, by deposit or otherwise, to par fees, damages, costs, and expenses, and 
abide by and perform such decision as shall be given by the Court or on 
appeal. 

(3) A cross-action shall not be brought in the Court against a plaintiff, 
being an Ottoman subject o r foreigner who has submitted to the jurisdic- 
tion, by a defendant, without leave of the Court first obtained, but the 
Court may, as a condition of entertaining the plaintiff's action, require his 
consent to any cross action or matter of set-off being entertained by the 
Court. 

(4) The Court before giving leave may require proof from the 
defendant that his claim arises out of the matter in dispute, and that there 
is reasonable ground for it, and that it is not made for vexation or delay. 

(5) Nothing in this Article shall prevent the defendant from bringing 
in the Court any action against the Ottoman subject or foreigner after the 
termination of the action in which the Ottoman subject or foreigner is 
plaintiff. 

(6) Where an Ottoman subject or foreigner obtains in the Court an 
order against a defendant being a British subject, and in another suit that 
defendant is plaintiff and the Ottoman subject or foreigner is defendant, the 
Court may, if it thinks fit, on the application of the British subject, stay the 
enforcement of the order pending that other suit, and may set off any 
amount ordered to be paid by one party in one suit against any amount 
ordered to be paid by the other party in the other suit. 

(7, Where a plaintiff, being an Ottoman subject or foreigner, obtains 
an order in the Court against two or more defendants being British subjects 
jointly, and in another action 'one of them is plaintiff and the Ottoman 
subject or foreigner is defendant, the Court may, if it thinks fit, on the 
application of the British subject, stay the enforcement of the order pending 
that other action, and may set off any amount ordered to be^ paid by one 
party in one action against any amount ordered to be paid by the other 
party in the other action, without prejudice to the right of the British 
subject to require contribution from his co-defendants under the joint 
liability. 

(8) Where an Ottoman subject or foreigner is co-plaintiff in a suit 
with a British subject who is within the particular jurisdiction, it shall not 
be necessary for the Ottoman subject or foreigner to give security for costs, 
unless the Court so directs, but the co-plaintiff British subject shall be 
responsible for all fees and costs. 

151. (i) Where it is proved that the attendance within the particular 
jurisdiction of a British subject to give evidence, or for any other purpose 
connected with the administration of justice, is required in a Court or before 
a judicial officer of the Sublime Ottoman Porte, or of a State in amity with 



Appendix No. II Turkish Arabia. 



Her Majesty, the Court may, if it thinks fit, in a case and in circumstances 
in which the Court would require his attendance before the Court, prder 
that he do attach in such Court, or before such judicial officer, and for such 
purpose as aforesaid. 

(2) If the person ordered to attend, having reasonable notice of the 
time and place at which he is required to attend, fails to attend accordingly, 
and does not excuse his failure to the satisfaction of the Court, he shall 
(independently of any other liability) be guilty of an offence against this 
Order. 

152. When a British subject invokes or submits to the jurisdiction of 
an Ottoman or foreign Tribunal, and engages in writing to abide by the 
decision of such Tribunal, or to pay any fees or expenses ordered by such 
Tribunal to be paid by him, any Court under this Order may, on such 
evidence ^as it thinks fit to require, enforce payment of such fees and 
expenses in the same manner as if they were fees payable in a proceeding 
by such ^person in that Court and shall pay over or account for the same 
when levied to the proper Ottoman or foreign authority, as the Court may 
direct 

I 53- 0) Subject to the Rules, persons competent to be Assessors in 
any Court under this Order may be required to attend as Assessors in cases 
in which British subjects are parties before any Ottoman Tribunal ; but 
every Assessor so required must be acquainted with the French or Turkish 
language. 

(2) Any Rules made by the Supreme Court in pursuance and in 
accordance with the provisions of this Order may comprise Rules respect- 
ing the qualification, selection, appointment, registration, attendance, and 
remuneration of Assessors in such cases as aforesaid, and respecting the 
establishment in any part of the Ottoman dominions and the regulation of 
a fund, hereinafter called an Assessors 1 Fund, for the remuneration of 
Assessors before any Ottoman Tribunals in such part of the Ottoman 
dominions. 

(3) Such rules may provide for compelling the service of any qualified 
person, and may prescribe penalties for neglect or refusal, without reason- 
able excuse, to serve in accordance with the terms of such regulations. 
Such penalties shall not exceed the equivalent of five pounds in respect of 
any one day r 

(4) Any such penalties shall be recoverable in the Court as a civil debt 
by any Consular officer, and shall be carried to the Assessors 1 Fund. 

(5) Every person requiring the attendance of one or more Assessors 
may be required to pay irj advance such fee or fees as the rules direct. 

(6) The Court may, out of any moneys in its hands arising from fees of 
Court, o^r otter fees, qr moneys received under this order, advance or pay 
the am,ount of the salary or remuneration of an Assessor. 

(7) The Court shall account for all receipts and payments in respect of 
tfce Assessors^ Fund iri such manner as the Secretary of State directs, 



Appendix No* II Turkish Arabia. Ixari 



(i) If a British subject 

(i) Publicly derides, mocks, or insults any religion established or 
observed within the Ottoman dominions ; or 

(ii) Publicly offers insult to any religious service, feast, or ceremony 
established or kept in any part of those dominions, or to any 
place of worship, tomb, or sanctuary belonging to any religion 
established or observed within those dominions, or belonging 
to the ministers or professors thereof ; or 

(iii) Publicly and wilfully commits any act tending to bring any 
religion established or observed within those dominions, or its 
ceremonies, mode of worship, or observances, into hatred, 
ridicule, or contempt, and thereby to provoke a breach of the 
public peace ; 

he shall be guilty of an offence, and on conviction thereof, before the 
Supreme Court or a Provincial Court, liable to imprisonment not exceeding 
two years, with or without hard labour, and with or without a jine not 
exceeding one hundred pounds, or to a fine alone not exceeding one 
hundred pounds. 

(2) Notwithstanding anything in this order, every charge under this 
Article shall be heard and determined by the Court alone, without jury^ or 
assessors, and any Provincial Court shall have power to impose the pLnish- 
ment aforesaid. 

(3) Consular officers shall take such precautionary measures as seem to 
them proper and expedient for the prevention of such offences. 

155. (i) If a British subject 

(i) Smuggles, or attempts to smuggle, out of the Ottoman dominions 
any goods on exportation whereof a duty is payable to the 
Ottoman or Egyptian Government ; 

(ii) Imports or exports, or attempts to import or export, into or out 
of the Ottoman dominions any goods, intending and attempt- 
ing to evade payment of duty payable thereon to the 
Ottoman or Egyptian Government ; 

(iii) Imports or exports, or attempts to import or export, into or out 
of the Ottoman dominions, any goods the importation or 
exportation whereof into or out of the Ottoman dominions is 
prohibited by law ; 

(iv) Without a proper licence, sells, or attempts to sell, or offefs for 
sale in the Ottoman dominions, any gdods whereof the 
Ottoman or Egyptian Government has by law a monopoly; 

in each of the four cases aforesaid he shall be guilty of a grave offence 
against this order. 



Ixxii Appendix No. II Turkish Arabia. 

(2) Where a person is charged with such an offence as in this Article 
is mentioned, the Court may seize the goods in relation to which the alleged 
offence \i as committed, and may hold the same until after the hearing of 
the charge. 

(3) If a person so charged is convicted, then those goods, whether they 
have been so seized or not, shall be forfeited to Her Majesty the Queen ; 
and the Court shall either deliver them to the proper Ottoman or Egyptian 
officer, for the use of the Ottoman or Egyptian Government, as the case 
may be, or shall dispose of them otherwise, as the Court thinks fit. 

156. (i) Where by agreement among the Diplomatic or Consular 
Representatives in the Ottoman dominions or Foreign States, or some* of 
them, in conjunction with the Ottoman or Egyptian authorities, sanitary, or 
police, or port, or game, or other regulations are established, and the same, 
as far as they affect British subjects, are approved by the Secretary of State, 
the Court may, subject and according to the provisions of this order, 
entertain any complaint made against a British subject for a breach of those 
regulations, and may enforce payment of any fine incurred by that subject 
or person in respect of that breach, in like manner, as nearly as may be, as 
if that breach were by this order declared to be an offence against this 
order 

(2) In any such case the fine recovered, shall, notwithstanding any- 
thing in this order, be disposed of and applied in manner provided by those 
regulations. 

157. Every person subject to the criminal jurisdiction of the Court viho 
prints, publishes, or offers for sale any printed or written news-paper or 
other publication containing matter calculated to excite tumult or disorder, 
or to excite enmity between Her Majesty's subjects and the Government of 
any part of the Ottoman dominions, or between that Government and 
its subjects, shall be guilty of an offence against this order, and may, in 
addition to or in lieu of any other punishment, be ordered to give security 
for good behaviour ; and in default thereof, or on a further conviction for the 
like offence, he may be ordered to be deported. 

An offence against this Article shall not be tried except by the Supreme 
Court. 

PART Vl\~~Mi$cellaneou$. 

158. (1} If an officer of the Court employed to execute an order loses 
by neglect or omission the opportunity of executing it then, on complaint of 
the person aggrieved, and proof of the fact alleged, the Court may, if it 
thinks fit, order the officer to pay the damages sustained by the person 
complaining, or part thereof. 

(2) The order shall be enforced as an order directing payment of 
money. 

159. (i) If a clerk or officer of the Court, acting under pretence of the 
jprocess or authority of the Court, is charged with extortion, or with 



Appendix No. II Turkish Arabia* Ixxui 

not paying over money duly levied, or with other misconduct, the Court, if it 
thinks fit, may inquire into the charge in a summary way, and may for that 
purpose summon and enforce the attendance of all necessary persons, as in 
an action, and may make such order for the repayment of any money 
extorted, or for the payment over of any money limit, and for the payment 
of such damages and costs, as the Court thinks fit. 

(2) The Court may also, if it thinks fit, on the same inquiry, impose on 
the clerk or officer such fine, not exceeding five pounds for each offence, as 
the Court thinks fit. 

(3) A clerk or officer punished under this Article shall not be liable to 
an action in respect of the same matter ; and any such action, if begun, 
shall be stayed by the Court in such manner and on such terms as the 
Court thinks fit. 

1 60. (i) If any person, subject to the criminal jurisdiction of a Court, 
does any of the following things, namely : 

(a) Wilfully, by act or threat, obstructs an officer of, or person 
executing any process of, the Court in the performance of his 
duty ; or 

\i) Within or close to the room or place where the Court is sitting 
wilfully misbehaves in a violent, threatening, or disrespectful 
manner, to the disturbance of the Court, or to the intimidation 
of suitors or others resorting thereto , or 

(c) Wilfully insults any member of the Court, or any assessor or 

juror, or any person acting as a clerk or officer of the Court, 
during his sitting or attendance in Court, or in his going to 
or returning from Court ; or 

(d) Does any act in relation to the Supreme Court or a Provincial 

Court or a matter pending therein, which, if done in relation 
to the High Court in England, would be punishable as a 
contempt of that Court. 

He shall be guilty, in the case of the Supreme Court or a Provincial 
Court of a grave offence, and in the case of a Local Court of an offence, 
against this Order; 

Provided that the Supreme Court or a Provincial Court, il it thinks fit, 
instead of directing proceedings as for an offence against this Order, may 
order the offender to be apprehended forthwith, with or without warrant, 
and on inquiry and consideration, and after the hearing^ of any defence 
which such person may offer, without further process or trial, may adjudge 
him to be punished with a fine not exceeding ten pounds, or with imprison- 
ment not exceeding twenty-four hours, at the discretion of the Court. 

(2) A Minute shall be made and kept of every such case of punishment 
recording the facts of the offence, and the extent of the punishment. 



Appendix No. II Turkish Arabia. 



the case of a Provincial Court, a copy of the Minute shall be forthwith sent 
to the Supreme Court, and in the case of a Local Court, to the Provincial 
Court. 

(3) Nothing herein shall interfere with the power of the Court to 
remove or exclude persons who interrupt or obstruct the proceedings of 
the Court. 

161. Nothing in the Order shall deprive the Court of the right to 
observe, and to enforce the observance of, or shall deprive any person of 
the benefit of, any reasonable custom existing in the Ottoman dominions, 
unless this Order contains some express and specific provision incompatible 
with the observance thereof. 

162. Nothing in this Order shall prevent any Consular officer in the 
Ottoman dominions from doing anything which Her Majesty's Consuls in 
the dominions of any other State in amity with Her Majesty are, for the 
time being, by law, usage, or sufferance, entitled or enabled to do. 

163. The Ambassador and the Judge of the Supreme Court shall have 
power to make and alter Regulations (to be called Queen's Regulations) 
for the following purposes, that is to say :- 

(1) For securing the observance of any Treaty for the time being in 

force relating to any place to which this Order applies, or of 
any native or local law or custom, whether relating to trade, 
commerce, revenue, or any other matter. 

(2) For the peace, order, and good government of British subjects 

within any such place in relation to matters not provided for 
by this Order. 

(3) For requiring Returns to be made of the nature, quantity, and 

value of articles exported from or imported into his district 
or any part thereof, by or on account of any British subject 
who is subject to^this Order or in any British ship, and for 
prescribing the times and manner at or in which, and the 
persons by whom, such Returns are to be made. 

(4) For the governance, visitation, care, and superintendence of 

prisons. 

Any Regulations' made under this Article may provide for forfeiture of 
any goods, receptacles, or things in relation to which, or to the contents 
of which, any breach is committed of such Regulations, or of any Treaty 
or any native or local law or custom, the observance of which is provided 
for by such Regulations. 

Any Regulation made under this Article shall when allowed by the 
Secretary of State, and published as he directs, have effect as if 
contained in this Order, 



Aopendix No. II Turkish Arabia Ixxv 

164. (i) Her Majesty's Consuls in the Ottoman dominions may levy 
dues not exceeding the rate of two pence a ton on every British merchant- 
ship (a) visiting or passing Constantinople, or visiting any other port in a 
Consular district, or (b) being at any other place within the Consular 
district of Constantinople, and having occasion to send any seamen to the 
British hospital at Constantinople. 

The produce of the said dues shall be applied towards the establish- 
ment, maintenance, and support, in the Ottoman dominions, of British 
hospitals ; and the dues shall be called hospital dues. 

The Secretary of State may, by writing under his hand, issue such 
instructions as to him seem fit, for the following purposes, or any of them 
(that is to say) : 

For fixing (within the limit of two pence a-ton) the rate per ton at 
which the hospital dues are to be levied at any port ; 

For exempting any ship in respect whereof, within any defined period, 
the hospital dues have once been paid, from any further payment thereof ; 

For regulating the application of the produce of the hospital dues ; 

For limiting the extent to which any Consul shall exercise jurisdiction 
over British subjects in the Ottoman dominions in any matter relating to 
the hospital dues. 

(2) A further fee of ten shillings shall be charged at Her Majesty's 
Consulate at Constantinople for each application fpr a Firman or Firmans 
for each British ship in order to pass the Straits. 

(3) Any master of a British ship who fails to pay the said dues or fee 
or evades the payment thereof, shall be guilty of an offence against this 
Order, and the amount of such dues or fee, arid of any fine imposed, may 
be levied by seizure and sale of the ship. 

(4) No dues under this Article shall be levied in Egypt unless the 
Secretary of State shall by order so direct. 

165. (T) Every British subject resident shall, in January in every year, 
register himself at the Consulate of the Consular district within which he is 
resident; provided that 

(a) The registration of a man shall comprise the registration of his 
wife, if living with him , and (b) the registration of the head 
of a family shall be deemed to comprise the registration of 
all females and minors being his relatives, in whatever 
degree, living under the same roof with him at the time of 
his registration. 

(2) The Consular officer may, without fee, register any British subjects 
being minors living in the houses of foreigners or Ottoman subjects, 

(3) Every British subject arriving at a place in the Ottoman dominions 
where there is a Consular office, unle$s borne on the muster-roll of a, British 



Appendix No. II- Turkish Arabia. 



ship there arriving, shall, on the expiration of one month after arrival, be 
deemed for the purposes of this Article to be resident, and shall register 
himself accordingly. 

(4) A person shall not be required to register himself oftener than 
once in a year, reckoned from the ist January. 

(5) The Consular officer shall yearly give to each person registered by 
him a certificate of registration, signed by him and sealed with his consular 
seal. 

(6) The name of a wife, if her registration is comprised in her husband's 
shall, unless in any case the Consular officer sees good reason to the 
contrary, be endorsed on the husband's certificate. 

(7) The names and descriptions of females and minors whose registra- 
tion is comprised in that of the head of the family shall, unless in any case 
the Consular officer sees good reason to the contrary, be endorsed on the 
certificate of the head of the family. 

(8) In the case of a British- protected person, the date of issue and the 
duration of the certificate shall be endorsed in Turkish or Arabic on the 
certificate. 

(9) Every person shall, on every registration of himself, pay a fee of 
two shillings and six pence, or such other fee as the Secretary of State 
from time to time appoints. 

(10) The amount of the fee may be uniform for all persons, or may vary 
according to the position and circumstances of different classes, if the 
Secretary of State from time to time so directs, but may not in any case 
exceed five shillings. 

(n) Every person by this Order required to register himself or herself 
shall, unless excused by the Consular officer, attend personally for that pur- 
pose at the Consulate, on each occasion of registration. 

(12) If any person fails to comply with the provisions of this Order 
respecting registration, and does not excuse his or her failure to the satis- 
faction of the Consular officer he or she shall be guilty of an offence against 
this Order, and any Court or authority may, if it thinks fit, decline to 
recognise him as a British subject. 

166. Except as in this Order otherwise provided, all fees, dues, fines, 
and other receipts under this Order shall be carried to the public account, 
and shall be accounted for and paid as the Secretary of State, with the 
concurrence of the Treasury, directs. 

167. Where, by virtue of this Order or otherwise, any Imperial Act or 
any Law in force in a British Possession, Colony, or Settlement, is applicable 
in any place within the limits of this Order, such Act or Law shall be 
deemed applicable so far only as the constitution aiad jurisdiction of the 
Courts acting under this Order and the local circumstances permit, and, for 
the purpose of facilitating the application of any such Act or Law, it may 
be construed with such alterations and adaptations not affecting the 



Appendix No. II Turkish Arabia. 



substance as may be necessary, and anything by such Act or Law required 
to be done by or to any Court, Judge, officer, or authority may be done by 
or to a Court, Judge, officer, or authority having the like or analogous 
functions, or by or to any officer designated by the Court for that purpose, 
and the seal of the Court may be substituted for any seal required by any 
such Act or Law ; and in case any difficulty occurs in the application of any 
such Act or Law, it shall be lawful for the Secretary of State to direct by 
and to whom, and in what manner, anything to be done under such Act or 
Law is to be done, and such Act or Law shall in its application to matters 
arising within the limits of this Order, be construed accordingly. 

168. Not later than the 3ist March in each year, the Judge shall send 
to the Secretary of State a report on the operation of this Order up to the 
3ist January in that year, showing for the then last twelve months the 
number and nature of the proceedings, criminal and civil, taken in the 
Court under this Order, and the result thereof, and the number and amount 
of fees received, and containing an abstract of the registration list, and 
such other information, and being in such form, as the Secretary of State 
from time to time directs. 

169. (i) A printed copy of this Order shall be always kept exhibited 
in a conspicuous place in each Consular office and in each Courthouse. 

(2) Printed copies shall be sold at such reasonable price as the Supreme 
Court directs. 

(3) Judicial notice shall be takefti of this Order, and of the commence- 
ment thereof, and of the appointment of Consuls, and of the constitution 
and limits of the Courts and districts, and of Consular seals and signatures, 
and of any Rules made or in force under this Order, and no proof shall be 
required of any of such matters. 

The provisions of "The Evidence Act, 1851 fl (14 & 15 Viet, cap. 99), 
sees. 7 and u, relating to the proof of judicial and other documents, shall 
extend and be applied for all purposes as if the Courts, districts, and places 
to which this Order applies were in a British Colony. 

170. ,i) The Orders in Council mentioned in the Schedule to this 
Order are hereby repealed, but this repeal shall not 

(/) Affect the past operation of those Orders, or either of them, or 
any appointment made, or any right, title, obligation, and 
liability accrued, or the validity or invalidity of anything done 
or suffered under any of those Orders, before the making of 
this order; 

(it) Interfere with the institution or prosecution of any proceeding or 
action, criminal or civil, in respect of any offence committed 
against, or forfeiture incurred or liability accrued under or in 
consequence of any provision of, any of those Orders, or any 
Regulation made thereunder ; 

(Hi) Take away or abridge any protection or benefit given or to be 
enjojed in relation thereto. 



Appendix No. II Turkish Arabia. 



(2) Notwithstanding the repeal of the Orders aforesaid, or ^ any other 
thing in this Order, every Regulation, appointment and other thing in this 
Article mentioned shall continue and be as if this Order had^not been 
made ; but so that the same may be revoked, altered, or otherwise dealt 
with under this Order, as if it bad been made or done under this Order. 

(3) Criminal or civil proceedings begun under any of the Orders in 
Council repealed by this Order, and pending at the time when this Order 
comes into operation, shall, from and after that time, be regulated' by the 
provisions of this Order, as far as the nature and circumstances of each 
case admits. 

(4) Lists of jurors and assessors in force at the passing of this Order 
shall continue in force until revised and settled under the provisions of 
this Order. 

171. (i) This Order shall take effect at the efxpiration of one month 
after it is first exhibited in the public office of the Supreme Court at 
Constantinople. 

(2) For that purpose the Judge of the Supreme Court shall forthwith, 
on the receipt by him from the Ambassador of a certified printed copy of 
this Order, cause the same to be affixed and exhibited conspicuously in 
that office. 

(3) He shall also keep the same so affixed and exhibited during one 
month from that first exhibition. 

(4) Notice of the time of that first exhibition shall, as soon as practi- 
cable, be published in the office of the Agency for Egypt and at each of the 
Provincial Consulates in such manner as the Supreme Court may direct. 

(5) A certified printed copy of this Order shall also be affixed and 
exhibited in the public offices of the Consular Courts at Alexandria and 
Cairo, at the same time (or as near as circumstances admit) at which it is 
first exhibited at Constantinople. Proof shall not in any proceeding or 
matter be required th'at the provisions of this Article have been complied 
with, nor shall any act or proceeding be invalidated by any failure to 
comply with any of such provisions. 

(6) The day on which this Order so takes effect is in this Order 
referred to as the commencement of this Order. 

(7) Where this Order confers power to make any appointment, Order, 
Rules, or Regulations, or to do any other thing for the purposes of the 
Order, that power may be exercised at any time after the passing of this 
Order, so, however, that any such appointment, Order, Rules, or Regula- 
tions shall not take effect before the commencement of this Order. 

172. This order may be cited as " The Ottoman Order in Council. 
1899." 

A. W. FITZ Rov. 



Appendix No. II -Turkish Arabia, 



Ixxix 



SCHEDULE. 

Orders repealed. 

Order made by Her Majesty in Council on the 22nd April, 1872, 
fixing the fee to be levied on application for a Firman for British ships 
passing the Straits. 

"The Ottoman Order in Council, 1873" 

Order made by Her Majesty in Council on the 7th July, 1874, amend- 
ing Article 14 of "The Ottoman Order in Council, 1873.-" 

Order made by Her Majesty in Council on the 5th February, 1876, 
suspending the operation of the Ottoman Order in Council as regards 
matters coming within the jurisdiction of certain Egyptian Courts. 

"The Ottoman Order in Council, 1882."" 

"The Ottoman Order in Council, 1890." 

Order made by Her Majesty in Council on the 2$rd February 1891, 
fixing a Table of Fees to be taken in Her Majesty's Consular Courts in the 
Ottoman dominions. 

"The Ottoman Tribunals Order in Council, 1891." 

" The Ottoman Dominions (Prisoners Removal) Order in Council, 

I895-" 

" The Ottoman Dominions (Courts) Order in Council, 1895.-" 

"The Ottomam Dominions (Supreme Court) Order in Council, i8g6." 



INDEX TO ORDER, 



PART I. Preliminary 
General. 

Section. 

1. Arrangement. 

2. Limits of Order. 

3. Interpretation. 

4. Rules of construction. 

5. Application to persons. 

6. Jurisdiction to be exercised 

under this Order. 

PART II. Constitution and 
Powers of Courts. 

7. Supreme Court. 

8. Provincial and Local Courts. 



Section. 

9. Appointment of Special Judge, 
to. Seals of Courts. 
x i Consulate of Constantinople. 

12. Jurisdiction of Provincial and 

Local Courts. 

13. Concurrent powers of Supreme 

Court. 

14. Sittings of Supreme Court. 

15. Proceedings of Supreme Court 

in Egypt. 

1 6. Visitations of Judges of Supreme 

Court. 

17. Concurrent powers of principal 

Provincial Courts. 

1 8. Transfer of cases. 



Ixxx 



Appendix No. II Turkish Arabia, 



Section. 
19 Cou its of Record. 

20. Process of Supreme Court, 

21. Courts to be auxiliary to one 

another. 

22 Annual reports to Supreme 
Court. 

23. Modes of trial. 

24. Jurisdiction as respects Embassy 

and Agency in Egypt. 

PART III, Criminal Matters. 

25* Application of Criminal Law of 
England 

26. Punishment of minor offences. 

27. Punishment of grave offences. 

28. Power over persons accused of 

offences. 

29. Place of commission of offence. 

30. Trial within British dominions. 

31. Powers of punishment. 

32. Trial on charge. 

33. Joinder of charges. 

34. Charges against two or more 

accused. 

35. Alteration of charges. 

36. Errors and variances of proof. 
^7. Charge of previous conviction. 

38. Cases to be tried with jury or 

assessors. 

39. Powers and duties of Registrars 

40. Transmission of criminal cases to 

Supreme Courts 

41. Person arrested to be forthwith 

brought before Court* 

42. Time for trial before jury or 

assessors. 

43. Period of remand, 
44 Bail, 

45* Recognizance to prosecute, 

46. Trials for murder. 

47. Damages for assault. 

48. Payment of costs by accused or 

prosecutor 

49. Expenses of complainant and 

witnesses. 

50. Execution of punishments 

51. Imprisonment in British domi- 

nion^ 



Section. 

52. Fugitive offenders 

53, Mitigation or remission of punish- 

ments. 

54 Escape to other Consular disttict. 
55* Offences on hieh seas, or partly 

out of jurisdiction. 

56. Detention of ship. 

57. Patent^ trade-marks, and copy- 

right 

58. Reports of cases tried with jury 

or assessors. 

59. Coroners' inquests. 

60. Deportation of offenders. 

61. Appeal and reserved case. 

62. Appeal to rrivy Council. 

PART IV. Civil Matters. 

63. Civil jurisdiction according to 

English law. 

64. Civil proceeding by action. 

65. Summary trial. 

66. Sittings of Court. 

67. Commencement by summons, 

68. Action book. 

69. Force of summons. 

70. Non-prosecution of action. 

71. Particulars. 

72. Pleadings. 

73. Mode of giving evidence. 

74. Trial by jury. 

75. Trial with assessors. 

76. Special case, 

77. Jurisdiction of Local Court. 

78. Discretion of Court as to practice. 

79. Rehearing. 

80. General power as to costs. 

81. Minutes of proceedings 

82. Decisions of Court to be filed. 

83. Orders to be drawn up. 

84. Enforcement of orders out of 

district. 

85. Payment of money under order. 

86. Execution apain*t ships. 

87. Order for examination of judg- 

ment debtor. 

88 Examination of judgment debtor. 
89, Commitment of debtor. 



Appendix No. II Turkish Arabia. 



land 



Section. 

90. Alteration of order. 

91. Prison expenses of committed 

debtor. 

92. Saving as to liability of debtor. 

93. Discharge of debtor. 

94. Order, other than for payment of 

money. 

95. Sequestration, 

96. Injunction and other peremptory 

orders. 

97. Holding to bail. 

98. Absconding defendant. 

99. Removal of property by defen- 

dant. 

100. Stopping vessel. 

101. Compensation in case order made 

on insufficient grounds. 

102. Submission to arbitration. 

103. Reference by Court to referee or 

to arbitration. 

104. Enforcement of submission and 

award. 

105. Bankruptcy. 

106. Admiralty jurisdiction. 

107. Matrimonial jurisdiction. 

1 08. Lunacy. 

-109. Frobate and Administration, 
no. Deposit of wills, 
in. Certificate of probate, &c., 

granted in United Kingdom, 
112. Probate equiva'ent to will for 

notarial purposes* 
1x3. Notice of death. 

114. Preservation of property pending 

probate or administration. 

115. Failure of executor to prove. 

116. Dealing with property without 

authority. 

117. Cessor of executorship. 

118. Production of testamentary 

papers. 

119. Claims for administration. 

120. Procedure on intestacy. 

121. Administration of small estates. 

122. Appeal from Provincial Courts. 

123. Execution pending appeal, 

1 24. Mode of appeal. 

125. Cress appeal. 

APPX. VOL. XIII. 



Section. 

126. Transmission of documents to 

Supreme Court. 

127. Action in possession of Supreme 

Court pending appeal. 

128. Fixing time for hearing appeal. 

129. Presence of parties. 

130. New evidence. 

131. Powers of Supreme Court. 

132. Notice to respondent, 

133. Appeal to Her Majesty in 

Council. 

134. Execution pending appeal to 

Privy Council. 

135. Saving for appeals by leave, 



PART V. Procedure^ Criminal 
and CiviL 

136. Rules of Court. 

137. Payment of fees. 

138. Language. 

139. Sealing of process. 

140. Minutes of proceedings. 

141. Appearances in person or by 

representative. 

142. Power to summon witnesses. 

143. Refusal to take oath, etc., in 

criminal cases. 

144. Application of Evidence Acts. 

145. Ascertainment of law. 

146. Perjury. 

147. Commission^ to examine out of 

Ottoman dominions. 

148. Juries. 

149. Assessors. 

PART VI. Ottoman and Foreign 
subjects and Tribunals. 

150. Actions between Ottoman sub- 

jects, foreigners, and British 
subjects. 

151. Attendance before Ottoman or 

foreign Tribunal. 

152. British subjects submitting to 

Ottoman or foreign Tribunal. 
Attendance as assessors before 
Ottoman Tribunal. 

AA 



Ixxxii 



Appendix No, II -Tarkish Arabia. 



Section. 
ij4. Insults to religion, 

155. Smuggling. 

156. International police regulations. 

157. Exciting disaffection. 

PART VII. Miscellaneous. 

558. Negligence of officers. 

159. Misconduct of officers. 

160. Contempt of court, 

161. Local customs. 

162. General powers of Consuls. 



Section. 

163. Queen's Regulations. 

164. Shipping dues. 

165. Registration. 

166. Application of moneys received. 

167. Adaptation of laws. 

168. Reports to Secretary of State. 

169. Copies of Order. 

170. Repeal of Orders. 

171. Commencement. 

172. Short title. 

SCHEDULE. 

H. S. BARNES, 

Officiating Secretary to the 
Government of India. 



Appendix No. Ill, Aden. 



ADEN. 



APPENDIX NO. Ill.-Pages8. 

Sultan Mohsin lin Ah Mani the Haushabi agrees to levy taxes at 
merchandise exported from A<*en at (he f'>l!<t~u.;g rates. 



Description o merchandize. 



Per camel load 



Per donkey load . 



Corn, barley or pulse 
Tobacco piece goods. ** Matara " lead 
or twist. t 


Dollars. 

t 
f 

i 

iJ ^ 


Rs. a 
or o 

* 

! o 
1 per 


P. 

4 o 

i 3 
head. 


Dollars. 

"* ! 

! 
1 

^ 


Rs. 

o 


a. p, 

2 




Flour or rice . 
Camel for sale 
H orse for sale 
Mule for sale 
Donkey for sale 
Cows or bullocks for sale 
Goats, Barban sheep or 
sheep for sale. 


3aladi 



Rates of taxes to be levied on merchandise imported to Aden. 



Coffee, cleaned, coffee with husks, 

skins, varas, or madder roots. 
Ghee 

Camel load of kat 

Donkey load of kat . . . 



10 Kulwats of Mawiya or 16 Ruptas of Harwai o 

if the tax be demanded in money 2 dollars o 

Mawiya or ij dollars o^ Hanvi. 
3 Kulwats of Mawiya or 6 Ruptas of Harwi or i 

the tax be demanded in money ^ dollar o 

Mawiya or J dollar on Harwi. 



Garlic, onion, hulba (maitee seed), 


T* 


* 


* 





] nban (coffee pot), hanna or fruits. 










Wheat . 


^ 


.., 


i 


or o 4 o 


Corn, barley or pulse 


i 


or o 4 o 


Ti 


or o 2 o 


Camel for ^ale 


I w 


*** 


*c. 


*4. 


Horse for sale 


sfi 


*< 


... 


r* 


Donkey for sale 


IM 


*** 


... 


r 


Mule for sale . 


us 


*** 


... 





Cows or bullocks for sale 


*-> a 


... 


. 


... 


Goats, Baroari sheep or Baladi sheep 


... 


o I 3 


... 


... 


for sale. 




per neaa. 







VOL, XIII. 



AA2 



Appendix No. III.-Aden. 



The Haushabi Sultan also states that the undermentioned persons levy 
extra dues for themselves on all camels carrying articles of merchandize 
either imported or exported on the road of Dathali and which should be 
paid to them : 

Ahl Yehya (who levies at Ar-Raha) three annas on each camel loaded 
with merchandize whether imported or exported on the said road. 

Ahi Abdul Malik ( ..... ........ - ) one anna on each camel loaded with 

merchandize whether imported or exported on the said road. 

Salim Awadth and his relations Al-Ubran one anna and six pies. 

(Signed) SULTAN MOHSIN BIN ALI MANI AL HAUSHABI. 



Signed before me 



Written at Al-Mijba on the 
Awal 1306. 



(Signed) A. G. F. HOGG, 
Political Resident, Aden, 

November 1888. corresponding with 



Sheikh Said Saleh the Alawi agrees to levy taxes on the merchandize 
exported from Aden at the following rates. 



Description of merchandise* 


Per camel load. 


Per donkey load. 




Dollars. 


Rs. a. p. 


Dollars. 


Rs. a. p. 


Corn, barley or pulse 
Tobacco, piece goods, spices, lead or 

twist. 


"f 




030 
or o 12 o 


"V 


o i 6 
or o 4 o 














Kerosineoil . 






050 


.* 


3 o 


Flour or rice * . 


. 




080 


., 


030 


Camel for sale 


. M i 




060 


.. 


020 


Horse for sale , 


": 


*d 


* 





* 


Mule for sale 




s 





* 


w 


Donkey for sale 
Cow or bullocks for sale 


\ 


fe 

G, 


* 





* 


Goats, Barbari sheep or Baladi sheep. 


< 

Ml 




009 


** 


... 


* 






per head. 







Appendix No. III. -Aden. 



Rates of taxes to be levied on merchandise imported into Aden. 



Description of merchandize. 



Per camel load. 



Per donkey load. 



Dollars. 



Cleaned coffee, coffee with husk, 
skins, ghee, varas or madder 
roots. 

Camel load of kat . . . 



Rs. a. p. Do'Iars. 



or o 12 o 



Rs. a. 
or o 4 



Donkey load kat . 



5 Kulwats of Ma^iya and 8 Ruptas of Harwi 
if Ihe tax be demanded in money one dollar 
Mawiya and dollar on Harwi. 

2 Kulwats of Mawiya and 3 Ruptas of Har 
and 'f the tax be d'emanded in money -J doil 
on Mawiya ana dollar on Harm. 



Garlic, onion, hulba (maitee seed) 


* 






& 


% 


laban (coffee pots), hanna or 












fruits. 












Wheat 


T 8 * 




or o 6 o 




2 


Corn, barley, or pulse , . . 


1 o 





030 


... 


I 


Camel for sale ... 


T 

















"2 








Horse for sale * * 


\ 


1 


i 


.., 


* 


Donkey for sale . 


f 


1 

O- 





... 


**i 


Cow or bullock for sale 


i, 







** 


... 


Goat, Barbari sheep or Baladi sheep 


... 




009 

per head 


... 


... 



(Sealed) SHEIKH SAID BIN SALEH AL ALA WAI 

in presence of 

(Signed) MOHSIN SALIM AL-DAGHIRRI 

Sealed and Signed before me 

(Signed) A. G. F. HOGG, 

Political Resident, Aden. 

Written at Al-Mijba on the 1 5th November 1888, corresponding wii 
nth Rabi Awal 1306. 



Appendix No III Aden. 



Shaif Satf of Dthali agrees to levy taxes on merchandise 
exported Jrom Aden at the following rates. 



Description of merchandize. 


Per camel load 


Per donkey load. 


Corn, barley or pulse 
Tobacco, piece good, spices and lead 
or twist. 
Iron or dates .... 


Dollars. 

1 

% 
1 
n-a 

I 1 tts 

JU 

il fe 

*J & 


Rs. a. p. 
030 

or o 10 o 
or o 8 o 

009 

per head. 


Doll 

i 


ars. 

i 

-i 

e 


Rs. a. p. 
o i 6 

030 
or o 2 o 


Flour or rice . . 
Camel for sale 
Horse for sate . 




Donkey for sale 
Cows or bullocks for s?le 
Goats, Barban sheep or J3aladi 


sheep 



Rates of taxes to be levied on merchandize imported to Aden. 
with husks, 



6 Kulwats of Mawiya or ip Ruptas of Harwi or 

if the tax be demanded in money ij dollais on 

Mawiya and i dollar on Harwi. 
3 Kulwats of Mawna or 3 Ruptas of Harwi or if 

the tax be demanded in money } dollar on 

Mawiya and $ dollar on Harwi. 

020 



020 
o i 6 



Cleaned coffee, coffee 

skins, ghee, varas. 
Or madder roots . 
Camel load of kat . 



Donkey load kat 



Garlic, onions, hnlba (maitee seed) 
jaban (coffee pots), hanna or fruits. 
Wheat . 

Corn, barley or pulse 
Camel for sale 
Horse for sale 
Donkey for sale 
Cow or bullock for sale 
Baladi sheep for sale 

Mule for sale 



(Signed) AMIR SHAIF OF DTHALI in presence of 

(Signed) MOTHANNA AMAR AL-BAISHEE. 
Signed before me 

(Signed) A. F. G. HOGG, 

Political Resident, Aden. 

Written at Al-Mijba on the i5th November 1888, corresponding with 
Rabi Awal 1306. 



) TT 


060 




1)1 


030 




per head, 


009 

per head. 


Iw 

* 



Appendix No. III. Aden. 



Ixxrsri 



Shaikh Mothanna Amar bin Abdalla al-Baisee agrees to levy taxes o* 
merchandise exported jrom Aden at the fo* lowing rates, 



Description of merchandize. 


Per camel load. 


Per donkey load 


Corn, barley or puls 
Tobncco, piece gooc 
Iron or dates 
Kerosme oil . 


e 
s 9 lea 


iort 


tvist 


Dollars. 


Rs, a. p. 
o i 6 
060 
030 
040 
030 

006 

per head. 


Do! 


lars, 

" 
tt 


Rs. a. p. 
009 
020 
o i 6 
020 
i o 6 
... 

... 


Camel for sale 
Horse for sale 
Mule for sale 
Donkey for sale 
Ccws or bullocks for 
Goats, Barban shee 


sale 
p or B 


aladi' 


sheep 


iJffc 

i j " 



f 

Cleaned coffee, coffee 
skins, ghee, varas 
roots 

Camel load of kat , 



Donkey load kat 



to le levied on merchandise imported to Aden. 
060 



\\ith husks, 
or madder 



026 



2 1 Kulwats of Ma\\iya or 4 Ruptas o Harwi or ' 

the tax be demanded in money \ dollar o 

Ma\vJya or \ dollar on Harwi. 
i Kulwat of Mawiy-i or 2 Rap f as of Harwi or 

the tax be demanded in money T 3 ^- on Mavuy 

and dollar on Harwi. 



Garlic, onions, hulba (maitee seed), 
iaban, hanna or fruits. 


A 




... 


... 


o i 3 


Wheat . 


... 




030 




I t 


Corn, barley or pulse 


fs 




* 


!!. 


O I 


Camel for sale 


k " 










Horse for sale 


i 


h 


!!! 




!!! 


Donkey lor sale . 


T6 


(~ 


... 




... 


Cows or bullocks for sale 


i- 


)& 








Goats, Barban sheep or Baladi sheep 






006 


*** 


** 


for sale. 






per head, 






Mule for sale .... 


i 








... 




per head 









- Mark OF MOTHANNA AMAR AL-BAISEE in presence of 

Amir of Dthala. 
Signed before me 

(Signed) A. G. F. HOGG, 

Political Residentj Aden. 

Written on the i sth November i 888, corresponding with nth Ra 
Awal 1306 at Al-Mizba, 



Appendix No. IV. Shehr and Mokalla. 



SHEHR AND MOKALLA* 
APPENDIX No. IV-Page 67. 

AGREEMENT MADE BETWEEN THE NAKIB OF MOKALLA AND 

THE KAITIS. 

Praise be to God / 

On Wednesday, the 3rd of Rajab 1290, the Honourable Abdulla and 
Salih and Awadth, sons of Omar-bin-Awadh-al Kaiti, purchased and became 
the owners of half of the Bandar Mokalla, with all its fortifications, and 
half of the Bandar Buram from Nakib Omar and Nakib Muhammad, sons 
of the late Nakib Salah, for the sum of $2,40,000. Out of this ^as 
deducted $1,60,000, which was due by their father (the late Nakib) to the 
Kaiti, the remaining 80,000 was paid to them. The total value amounts 
to $240,000, half of \\hich is $1,20,000. The above-mentioned Nakib-Omar 
and Nakib Muhammad, sons of the late Nakib Salah, have already sold 
half of the Bandar of Mokalla and half of Buram as has been said above 
with all their rights, internal and external. This sale is quite fixed upon 
those whose names have been mentioned above, w>. f Abdalla and Satih 
and Awadth-bin-Omar. This sale has paid off all the debts that were upon 
the late Nakim Salah bin-Muhammad. There is nothing now remaining 
of this debt. If any claim is advanced, it will be null and void. They 
have settled that Nakib Omar is to be Governor of Mokalla and to do 
justice according to the Muhammadan law, and to order for good and 
prevent evil, and not to oppress the subjects and others. If any quarrel 
should arise among the seafaring men, they are to be sent to those of their 
own class. In all cases relating to law, justice to be done according to 
the Muhammadan law. All mercantile cases to be sent to the merchants 

SSto^^^Kten 01 ^ kte N4ib Salah ' is ^ do all work 
relating to the Bazar. Nakib Omar is to govern according to justice in 
all small cases and meases of importance he should consult with any one 
of the sons of Omar-bm-Awadth. If all of them are absent, then to consult 
with their Agents. Nakib Omar cannot settle anything without 3Xr 
consultation nor can he write any correspondence with the High Ottoman 



opinion and then- voice should be one. Nakib Omar *, A Zu- 
without their consultation. If h P were to do\X?r f an ? thin g 

Kaiti or their Agents should gnThf" advice I? he does' S 
advice, they can prevent his acting without right The KW 
garrison in half of the Mokalla forts, and 
house cailed Najdi, 8 ituated near the 



Appendix No. IV Sbehr and Mokaila. 



Ixxxix 



also in forts situated out of Mokalla, w'*,, Bakarain and Thamaj, and Nakib 
Omar can keep his garrison in forts Nakan and Dis, and all the other 
remaining forts are to be divided equally. The Kaiti can put their garrison 
in Bandar Buram on account of their half-right. Nakib Omar should give 
them house. The Kaiti can build houses for themselves and put clerks 
in the Custom House and the gate to keep accounts of exports and imports. 
All the revenue arising from the tax or other things is to be divided equally. 
The Kaiti can reside in the house of Nakib Abdulla for one year until he 
may build one for himself. These agreements for the sale have been made 
with each other's consent without force and compulsion. The Nakib Omar 
and Nakib Muhammad have got possession of the amount of the value, and 
have given permission to those men whose names have been mentioned 
below to be witnesses of this : 

Names of Witnesses. 



Omar bin -Salirn Kousiar, 
Sulaiman-bin-Awadth-bin Sharaf. 
Salim-bin-Abdulla-Salih-al-Kasadi. 
Omar Salim-al Kasadi 
Muhammad-bin- Abdul-Malik. 
Abdulla Syad-al- Kasadi. 
Salih-bin- Ahmad. 
Abdul Habibbin-SaUh. 
Bubakir-bm-Husain Harbara. 
Ali-bm-Ardin. 
Ahmad-bm-Salih* al-Masawa, 
Ahmad-bm-Salah. 
Mohsin-bin-Salih. 



Abdul Kadar-bin-AH. 

A mar-bin -Abdul Muttalib* 

Obdulla-bin- Ahmad Bai Ers. 

Abdnlia. 

Sahn-l in-Jabar. 

Salim bin- Abdulla- Jahwari. 

Abdul- Kawi dm-Salim. 

Abdul-Habib-bin-Abdul-al-Kay'ti. 

Bubakir- bin- Abdulla. 

Abdulla-din-Sahar. 

Agent of Hajibhai Lalji. 

Dalubhai Dusani. 

Haj Kasim Sumar. 



Abdul Habib-bin-Muhammad-al- Kasadi. 

(Sd.) NAKIB-OMAR-BIN-SALAH, 
NAKIB MUHAMMAD-BIN-SALAH. 

Praise be to God! 

On Wednesday, the 3rd of Rajdb 1290, the Honourable Abdulla SaBfa 
and Awadth, sons of Omar bin Awadth-al-Kaiti, and Nakib Omar and 
Nakib Muhammad, sons of the late Nakib Salab, have joined together to 
assist one another and to obey the Muhammandan law. They swear before 
God that each will behave honestly towards the other and will order for 
good and prevent evil. They should have one and the same friends and 
one and the 5ame enemies. Mokalla is between the Kasadi and Kaiti, 
Shihr and Mokalla are one, and Hadthramut and the sea-coast are one* 
He who is an enemy to the Kaiti is an enemy of the Kasadi, and he who 
is an enemy of the Kasadis is an enemy of the Kaiti ; the one is not to give 
refuge to the enemy of the other ; but if the Kaiti see that it is good to 
settle with an enemy he can do so. If the Kaiti have a claim against any 
one, he is to get it if the things claimed are not burnt or destroved. Kaiti 
are to be as fathers and Kasadis to be as sons and attendants. The Kasadis 
are to obey the directions of the Kaiti, Both parties are one, and each 



xc Appendix No. IV. Shehrand Mokalla. 

should do good to the other and prevent evil. Nakib Omar is not to keep 
friendship \\ith the Kathiris and the Aulakis but through the Kaiti. The 
agreement that had been made between the late Nakib Salah and 
Auadth-bin-Omar the Kaiti is approved by Nakib Omar, except about the 
money meptioned in the agreement which has been paid off by the sale 
of the half of Mokalla, which also is mentioned in the agreement. Both 
parties agreed without force and compulsion to this before God. 

(Sd ) NAKIB-OMAR-BIN-SALAH. 

" N AKIB-MUH AMMAD-BlN-SALAH. 

Witnesses. 

Nalib Abdul Habib-ul-Kasadi and others. 

We, the jrc'cr^i . i!, agree to this, and we would go against those 
who v\ouM act contrary to the abo\e agreement, but he who \\ould call us 
shall be liable to the expenses according to custom. 

Signed by about thirty Shaikhs of the Upper Yafii, 



Aspendiac No, V, Zanzibar, xci 



ZANZIBAR. 
APPENDIX No. V.Page 231. 

TREATY of AMITY and COMMERCE between the UNITED STATES of AMERICV and His 
MAJESTY SYUD SUEED bis SULTAN, of MASKLAT, and his DEPENDENCIES. 

ARTICLE i. 

There shall be a perpetual peace between the United States of America 
and His Majesty Syud Sueed Bin Sultan, of Maskat, and his Dependencies 

ARTICLE 2. 

The citizens of the United States shall have free liberty to enter all the 
ports of his Majesty Syud Sueed Bin Sultan, with their cargoes, of what- 
ever kind the said cargoes may consist, and they shall have liberty to sell 
the same to any of the subjects of the Sultan, or others who may \\ibh to 
purchase the same, or to barter the same for any produce or manufactures 
of the kingdom or other articles that may be found there No price shall 
be fixed by the Sultan or his officers on the articles to be sold by the merchants 
of the United States, or the merchandise they may xush to buy , but the 
trade shall be free on both sides to sell or buy. or exchange, on the terms 
and for the prices the owners may think fit ; and whenever the said citizens 
of the United States may think fit to depart, they shall be at liberty to do 
so ; and if any officer of the Sultan shall contravene this Article he shall 
be severely punished. It is understood and agreed, however, that the 
articles of muskets, powder, and ball can only be sold to the Government 
in the Island of Zanzibar, but in all other ports of the Sultan the said 
munitions of war may be freely sold without any restriction whatever to the 
highest bidder. 

ARTICLE 3 

Vessels of the United States entering any port within the Sultan's 
dominions shall pay no more than five per cent, duties on the cargo 
landed, and this shall be in full consideration of all import and export 
duties, tonnage, license to trade, pilotage, anchorage, or any other charge 
whatever. Nor shall any charge be paid on that part of the cargo which 
shall remain on board unsold and re-exported. Nor ^ shall any charge 
whatever be paid on any vessel of the United States which may enter any 
of the ports of His Majesty for the purpose of refitting, or for refreshments, 
or to inquire the state of the market. 

ARTICLE 4. 

That American citizens shall pay no other duties on export or import, 
tonnage, license to trade, or other charge whatsoever, than the nation the 
most favoured shall pay. 



ccii Ap. endix No. V.~ Zanzibar. 



ARTICLE 5. 

If any vessel of the United States shall suffer shipwreck on any part of 
the Sultan's dominions, the persons escaping from the wreck shall be taken 
care of and hospitably entertained at the expense of the Sultan, until they 
shall find an opportunity to be returned to their country, for the Sultan 
can never receive any remuneration whatever for rendering succour to the 
distressed, and the property saved from such wreck shall be carefully pre- 
served and delivered to the owner, or the Consul of the United States, or 
to any authorised agent. 

ARTICLE 6* 

The citizens of the United States resorting to the ports of the Sultan 
for the purpose of trade shall have leave to land and reside in the said ports 
without paying any tax on importation whatever for such liberty other 
than the general duties on imports which the most favoured nation shall pay. 

ARTICLE 7, 

If any citizens of the United States, or their vessels or other property, 
shall be taken by pirates, and brought within the dominions of the Sultan, 
the persons shall be set at liberty and the property restored to the owner, if 
he be present, or to the American Consul, or to any authorised agent. 

ARTICLE 8. 

Vessels belonging to the subjects of the Sultan which may resort to any 
port in the United States shall pay no other or higher rate of duties, or other 
charges, that the nation the most favoured shall pay. 

ARTICLE 9. 

The President of the United States may appoint Consuls to reside in the 
ports of the Sultan where the principal commerce shall be carried on, which 
Consuls shall be the exclusive judges of all disputes on suits wherein 
American citizens shall be engaged with each other ; they shall have power 
to receive the property of any American citizen dying within the kingdom, 
and to send the same to his heirs, ^first paying all his debts due to the 
subjects of the Sultan. The said Consuls shall not be arrested, nor shall 
their property be seized, nor shall any of their household be arrested, but 
their persons and their property and their houses shall be inviolate. Should 

rnmn! 01?S r ' ^iIT^' CO f mit any offencc a g ainst the laws of the kingdom, 
complaint shall be made to the President, who will immediately difplace 

fofaKhSS^Fn 1 ' and * ealed at ^ R y*I Palace in the City of Maskat, 
m the Kingdom of Oman, the sist day of September, in the year one 
thousand eight hundred and thirty-three of the Christian era, and th? fifty* 
seventh year of the Independence of the United States of" America (co re- 



Appendices Nos. V and VI.-- Zanzibar. 



spending to the sixth day of the Moon, called Jumadee-ul-Awul, in the year 
of the Hijree, one thousand two hundred and forty nine.) 



(Sd.) EDMUND ROBERTS. 

Whereas the undersigned, Edmund Roberts, a citizen of the United 
States of America and a resident of Portsmouth in the State of New 
Hampshire, being duly appointed a Special Agent by Letters Patent under 
the ^ignature of the President, and seal of the United States of America, 
bearing date ^ at the City of Washington, the twenty sixth day of January, 
Anno Domini one thousand eight hundred and thirty-two, for negotiating 
and concluding a Treaty of Amity and Commerce between the United States 
of America and His Majesty Syud Sueed Bin, Sultan of Maskat. now know 
ye that I, Edmund Roberts, Special Agent as aforesaid, do conclude the 
foregoing Treaty of Amity and Commerce, and every Article and Clause 
therein contained, reserving the same nevertheless for the final ratification 
of the President of the United States of America, by and with the advice 
and consent of the Senate of the United States. 

Done at the Royal Palace in the City of Maskat, in the Kingdom of 
Oman, on the 2ist day of September, in theyear of our Lord 1833, and of 
the Independence of the United States of America the fitty-seventh, corre- 
sponding to the 6th day of the Moon, called Jumadee-ul-Awul, in the year 
Allijra (Hijree) 1249. 

(Sd.) EDMUND ROBERTS. 



APPENDIX NO. Vl-Page 331. 

CONVENTION OF COMMERCE AND NAVIGATION between Great Britain 
and Muscat, Signed at Zanzibar, May j/, jtfjg. 

(Signed in the English and Arabic Languages.) 

Her Majesty the Queen of the United Kingdom of Great Britain and 
Ireland, and His Highness the Sultan of Muscat and its dependencies, 
being desirous to confirm and strengthen the good understanding which 
now subsists between them, and to promote, by means of a Convention, 
the commercial intercourse between their respective subjects ; and His 
Highness the Sultan of Muscat being, moreover, desirous to record in a 
more formal manner, the engagements entered into by His Highness on 
the loth of September, 1822, for the perpetual abolition of the Sla\e Trade 
between the dominions of His Highness and all Christain nations ; they 
have, accordingly, appointed as their Plenipotentiaries, that is to say : 
Robert Cogan, Esq., a Captain in the naval service of the East India 
Company, on behalf of Her Majesty the Queen of the United Kingdom 



Appendix No. VI Zanzibar. 



of Great Britain and Ireland, etc,, and Hassan bin Ebrihim, and Mahabat 
Alii Bin Naser, on behalf of His Highness the Sultan of Mascat, etc., who 
having communicated their Full Powers, found to bejn due and proper 
form, have agreed upon and concluded the following Articles : 

ARTICLE i. 

The subjects of His Highness the Sultan of Muscat shall be at liberty 
to enter, reside in, trade with, and pass with, their merchandize through 
all parts of Her Britannic Majesty's dominions in Europe and Asia, and 
shall enjoy in those dominions all the privileges and advantages with 
respect to commerce or otherwise, which are or may be accorded therein 
to the subjects or citizens of the most favoured nations ; and the subjects 
of Her Britannic Majesty shall, in like manner, have full liberty to enter, 
reside in, trade with, and pass with their merchandize through all parts of 
the dominions of His Highness the Sultan of Muscat, and shall in those 
dominions enjoy all the privileges and advantages, with respect to 
commerce or otherwise, which are or may be accorded therein to the 
subjects or citizens of the most favoured nations. 

ARTICLE 2. 

British subjects shall be at liberty to purchase, sell, or hire land or 
houses in the dominions of His Highness the Sultan of Muscat. 

The houses, warehouses, or other premises of British subjects, or of 
persons actually in the service of British subjects, in the dominions of His 
Highness the Sultan of Muscat, shall not be forcibly entered, nor on any 
pretext searched, without the consent of the occupier, unless with 
cognizance of the British Consul or Resident Agent, But such Consul or 
Resident Agent, on just cause being adduced by the ^authorities of His 
Highness the Sultan of Muscat, shall send a competent person, who in 
concert with the officers of His Highness the Sultan of Muscat, shall 
conduct the search, and shall prevent the use of unnecessary violence or of 
improper resistance, 

ARTICLE 3. 

The two High Contracting Parties acknowledge reciprocally to each 
other the right of appointing Consuls to reside in each other's dominions 
wherever the interests of commerce may require the presence of such 
officers. And such Consuls shall at all times be placed, in the country In 
which they reside, on the footing of the Consuls of the mo^t favoured 
nations. Each of the High Contracting Parties further agrees to permit 
his own subjects to be appointed to Consular offices by the other Contract- 
ing Party j provided always, that the persons so appointed shall not b< gin 
to act without the previous approbation of the Sovereign whose subjects 
they may be. 



Appendix No. VI. Zanzibar. 



The public functionaries of either Government residing in the dominions 
of the other, shall enjoy the same privileges, immunities, and exemptions 
which are enjoyed, within the same dominions, by simiiar public function- 
aries of other countries. 

ARTICLE 4. 

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 ot His Highness the Sultan of Muscat 
shall be convicted of any crime or infraction of the law requiring punish- 
ment, 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. 

ARTICLE 5. 

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 Hi^ Highness the Sultan of Muscat, or the subjects of any 
other Mahometan 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 Suitan of Muscat, the evidence 
of a man proved to have given false testimony on a former occasion shall 
not be received. 

ARTICLE 6. 

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 
irspective Consuls or Resident Agents of the Contracting Parties, in default 
of such heirs, or executors, or administrators. 

ARTICLE 7. 

If a British subject shall become bankrupt in the dominions of His 
Highness the Sultan of Muscat, the British Consul or Resident Agent shall 



xcvi Appendix No. VI, Zanzibar. 



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. 

ARTICLE 8. 

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 Briu'sh 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* 

ARTICLE 9. 

No duty exceeding 5 per cent, shall be levied at the place of entry in 
the dominions of His Highness the Sultan of Muscat, on any goods, the 
growth, produce, or manufacture of the dominions of Her Britannic Majesty, 
imported by British vessels, and this duty shall be deemed to be a full 
payment of all import, andexpoit and tonnage duties, of license to trade, 
of pilotage and anchorage, and of any other charge by Government 
whatever, upon the vessels 'or upon the goods so imported or exported. 
Nor shall any charge be made on that part of the cargo which may remain 
on board unsold ; and no additional or higher duty shall be levied upon 
these goods when afterwards transported from one place to another in the 
dominions of His Highness, but the above-mentioned duty having once been 
paid, the goods may be sold by wholesale or retail, without any further 
duty. No charge whatever shall be made on British vessels which may 
enter any of the ports of His Highness for the purpose of refitting or for 
refreshments, or to enquire about the state of the market. 

ARTICLE 10. 

No article whatever shall be prohibited from being imported into, 
or exported from, the territories of His Highness the Sultan of Muscat; 
but the trade between the dominions of Her Britannic Majesty and those 
of His Highness the Sultan of Muscat shall be perfectly free, subject to the 
above-mentioned duty upon goods imported, and to no other. And His 
Highness the Sultan of Muscat hereby engages not to permit the establish- 
ment of any monopoly or exclusive privilege of sale within his dominions, 
except in the articles of ivory and gum copal, on that part of the east 
coast of Africa from the Port of Tangate situated in about 5$ degrees of 



Appendix No. VI. -Zanzibar. 



south latitude to the port of Quila, lying in about 7 degrees south^ of 
equator, both ports inclusive j but in ail other ports and places in 
Highness's dominions there shall be no monopoly whatever; but 
subjects of Her Britannic Majesty shall be at liberty to buy and sell v; 
perfect freedom, from whomsoever and to whomseever they choose, subj 
to no other duty by Government than that before mentioned, 

ARTICLE n. 

If any disputes should arise in the dominions of His Highness 
Sultan of Muse t as to the value of goods which shall be imported ^ 
British merchants, and on which the duty of 5 per cent, is to be levi 
the custom-master or other authorised officer, acting on the part of 
Government of His Highness the Sultan of Muscat, shall be entitled 
demand one-twentieth part of the goods in lieu of the payment of 5 ] 
cent, and the merchant shall be bound to surrender the twentieth part 
demanded, whenever, from the nature of the articles, it may be practica 
to do so ; but the merchant having done so, shall be subject ^to no iurti 
demand on account of customs on the other nineteen-twentieths of I th< 
goods, in any part of the dominions of His Highness the Sultan of Mus< 
io which he may transport them. But if the custom-master should obji 
to levy the duty in the manner aforesaid, by taking one-twentieth part 
the goods, or if the goods should not admit of being so divided, tt 
the point in dispute shall be referred to 2 competent persons, one chos 
by the custom-master and the other by the importer; and a valuation 
the goods shall be made ; and if the referees shall differ in opinion, they sU 
appoint an arbitrator whose decision shall be final ; and the duty shall 
levied according to the value thus established. 

ARTICLE 12. 

It shall not be lawful for any British merchant to expose his goods i 
sale for the space of 3 days after the arrival of such goods, unless bete 
the expiration of such 3 days the importer and custom-master sn, 
have agreed as to the value of such goods. If the custom-master shall n< 
within 3 days, have accepted one of the two modes proposed for asce 
taining the value of the goods, the authorities of His Highness the buit 
of Muscat, on application being made to them to that effect, shall cpmf 
the custom-master to choose one of the two modes by which tfce amou 
of the customs to be levied is to be determined. 

ARTICLE 13. 

If it shall happen that either the Queen of England or His Highm 
the Sultan of Muscat should be at war with another country, * Vu 
rf Her Britannic Majesty, and the subjects of His Highness the buitan 
Muscat, shall nevertheless be allowed to pass to such country^ t. tew g" 
lominions of either Power, with mejrchaodize of every description, exce 

VOL. xin BB 



Appendix No. VL Zanzibar. 



warlike stores ; but they shall not be allowed to enter any port or place 
actually blockaded or besieged. 

ARTICLE 14. 

Should a vessel under the British flag enter a port in the dominions of 
His Highness the Sultan of Muscat in distress, the local authorities at such 
port shall afford all necessary aid to enable the vessel to refit and to 
prosecute her voyage ; and if any such vessel shall be wrecked on the 
coasts of the dominions of His Highness the Sultan of Muscat, the authori- 
ties of His Highness shall give all the assistance in their power to recover 
and to deliver over to the owners all the property that can be saved ,from 
such vessel. The same assistance and protection shall be afforded to 
vessels of the dominions of His Highness the Sultan of Muscat, and 
property saved therefrom under similar circumstances, in the ports and on 
the coasts of the British dominions. 

ARTICLE 15. 

His Highness the Sultan of Muscat hereby renews and confirms the 
engagements entered into by His Highness with Great Britain, on the roth 
of September, 1822, for the entire suppression of Slave Trade between his 
dominions and all Christian countries ; and His Highness further engages 
that the ships and vessels of war belonging to the East India Company 
shall be allowed to give full force and effect to the stipulations of the said 
Treaty, agreeably with the conditions prescribed therein, and in the same 
manner as the ships and vessels of Her Britannic Majesty, 

ARTICLE 16. 

It is further acknowledged and declared by the High Contracting Parties 
that^ nothing in this convention is intended in any way to interfere with, or 
rescind any of, the rights or privileges now enjoyed by the subjects of 
His Highness the Sultan of Muscat, in respect to commerce and navigation, 
within the limits of the East India Company's charter. 

ARTICLE 17. 

The present Convention shall be ratified and the ratifications thereof 
shall be exchanged at Muscat or Zanzibar, as soon as possible, and in any 
case within the space of 15 months from the date hereof. 

Done on the island, and at the town of Zanzibar, this 3ist day of May, 
m the year of Christ 1839, corresponding with the I7th of the month 
Rebeal Owal, of the ul Hujra, 1255. 

HASSAN BIN EBRIHIM 
ALLI BIN NASER. 

(L. S.) ROBERT CQGAN. 



Appendix No. VI. Zanzibar. xcix 

DECLARATION made on the part of Her Britannic Majesty, on 
the exchange of the Ratifications of the preceding Con- 
vention. 

The Undersigned, Samuel Hennell, Esq., a Captain in the military 
service of the East India Company, and Resident in the Persian Gulf, 
appointed on behalf of Her Majesty the Queen of the United Kingdom of 
Great Britain and Ireland to exchange Her Majesty's Ratification of the 
Treaty of Commerce concluded at Zanzibar, on the 3ist of May, 1839, by 
Robert Cogan, Esq., a Captain in the Naval Service of the East^ India 
Company, on the part of Her said Majesty, and by Hassan bin Ebrihim and 
Mahabat^Alli bin Naser, on the part of His Highness the Sultan of Muscat, 
against the Ratification of the same Treaty by His Highness the Sultan of 
Muscat, is commanded by the Queen, in order to avoid any possible 
misunderstanding as to the meaning of the words contained in the 9th 
Article of the said Treaty, <f any other charge by Government whatever, 1 ' 
to declare to Syed Mahommed Ibin Syed Shurruf, appointed by His 
Highness the Sultan of Muscat to exchange His Highness' s Ratification, 
that the aforesaid words are by Her Majesty taken and understood to mean, 
" any other charge whatever made by the Government, or by any local 
authority of the Government/* 

* (L. S.) S, HENNELL. 

Muscat, this 22nd day of July > 1840. 



COUNTER-DECLARATION made on the part of His Highness the " 

Imaum of Muscat 



Translation. 



The Undersigned, Syed Mahommed Ibin Syed Shurruf, appointed by 
His Highness the Sultan of Muscat to exchange His Highness s Ratification 
of the Treaty of Commerce concluded at Zanzibar, on the sist May, 1839, 
by Robert Cogan, Esq , a Captain in the Naval service of the East India 
Company, on the part of Her Majesty the Queen of the United Kingdom 
of Great Britain and Ireland, and by Hassan bin Ibrihim and Mahabat AUi 
bin Naser on the part of His Highness the Sultan of Muscat against the 
Ratification of the same Treaty by Her Majesty the Queen of the United 
Kingdom of Great Britain and Ireland, having received from bamuel 
Hennell, Esq.. a Captain in the military service of the East India Company, 
and Resident in the Persian Gulf, appointed to act in this matter on behalf 
of Her said Majesty, a declaration stating that in order to avoid any possiWe 
misunderstanding as to the meaning of the words, "any other charge by 
Government whatever," contained in the 9 th Article of the said Treaty, the 
aforesdid words are by Her Majesty taken and understood to mean any 
other charge whatever made by the Government, or by any l^ ntnntw 
of the Government/' the Undersigned, Syed Mahommed Ibm 



BB 2 



Appendix No. VII. Zanzibar. 



being duly authorised by His Highness the Sultan of Muscat, hereby 
accepts and adopts the said declaration in the name and on the behalf of 
His Highness the Sultan of Muscat. 

Muscat) this 22nd day of July, 1840. 

(L. S.) SYED MAHOMMED I BIN SYED SHURRUF. 



APPENDIX No. VllPage 232. 

TREATY of COMMERCE concluded between His HIGHNESS the Imam of MASKAT and the 
KING of the FRENCH on the i;th November 1844, and finally ratified on the 4th 
February 1846. 

PREAMBLE. The King of the French and His Highness Syud Sueed 
bin Sultan, the Sultan of Maskat and other places, being desirous to con- 
firm and strengthen the good understanding which subsists between them, 
and to promote the commercial intercourse between their respective countries, 
and haying come to the determination of entering into a Treaty of Com- 
merce and Amity, the former has appointed as his Plenipotentiary Monsieur 
Romaiii Desfosses, Captain in the Navy and Chief of Bourbon and Mada- 
gascar, and the latter has resolved personally to carry on negotiations with 
the said Plenipotentiary. The Plenipotentiary of the King of the French 
having represented to His Highness the Imam and Sultan of Maskat that 
he was vested with the requisite powers has concluded the folio wing Articles 
with His Highness Syud Sueed bin Sultan : 

ARTICLE i. 

There shall always be good understanding and friendship between the 
King of the French, his heirs and successors, and His Highness Syud Sueed 
bin Sultan, the Sultan of Maskat, his heirs and successors, as also between 
their respective subjects, 

ARTICLE 2; 

The subjects of Syud Sueed bin Sultan, the Sultan of Maskat, shall be 
at liberty to enter, reside in, trade with, and pass with their merchandize 
through, France ; and the French shall, in like manner, have similar liberty 
with regard to the territories of Syud Sueed bin Sultan, the Sultan of 
Maskat. The subjects of both the Governments shall have all the privileges 
which are or may be conceded by the respective Governments to the 
subjects of the most favoured nations, 

ARTICLE 3, 

The French shall be at liberty to purchase, sell, or rent land, houses 
or warehouses in the dominions of Syud Sueed bin Sultan, the Sultan of 



Appendix No. VII. Zanzibar. ci 

Maskat. The houses, warehouses, or other premises occupied by the 
French, or by persons in their service, shall not be forcibly entered without 
the permission of the French Consul. They shall not be prevented from 
leaving the dominions of Syud bueed bin Sultan whenever they wish to 
do so. 

ARTICLE 4. 

The subjects of Syud Sueed bin Sultan, the Sultan of Maskat, actually 
in the service of the French, shall enjoy the same privileges which are 
granted to the French themselves ; but if such subjects of His Highness 
shall be convicted of any crime or infraction of the law, they shall be 
discharged by the French, and delivered over to the authorities of the place, 



ARTICLE 5 

The two high contracting parties acknowledge reciprocally the right of 
appointing Consuls to reside in each other's dominions, \\herever the 
interests of commerce may require the presence of such officers , and such 
Consuls ^ shall at all times be placed in the country in which they reside on 
the footing of the Consuls of the most favoured nations. Each ot the high 
contracting parties further agrees to permit his own subjects to be appoint- 
ed to Consular offices by the other contracting party, provided always that 
the persons so appointed shall not begin to act without the previous appro- 
bation of the Sovereign whose subjects they may be. The public function- 
aries of either Government, residing in the dominions of the other, shall 
enjoy the same privileges, immunities, and exemptions which are enjoyed 
within the same dominions by similar public functionaries of other countries. 
The French Consul shall be at liberty to hoist the French flag over his 
house. 

ARTICLE 6. 

The authorities of the Sultan of Maskat shall not interfere in disputes 
between the French, or between the French and the subjects of other 
Christian nations. When differences arise between a subject , of the 
Sultan of Maskat and a Frenchman, if the former be the complainant, the 
cause shall be heard by the French Consul ; but if a Frenchman be the 
complainant against any of the subjects of the Sultan at Maskat, or against 
any Mahomedans, then the cause shall be decided by the authorities of the 
Sultan of Maskat, or by his deputy ; but in such case the cause shall not be 
decided, except in the presence of the French Consul, or his deputy, wh o 
shall attend at the Court. In causes between a Frenchman and a subject 
of the Sultan of Maskat, the evidence of a man proved to have given false 
testimony on a former occasion shall not be received. A cause to be 
decided by the French Consul shall be tried in the presence of the Sultan 
of Maskat or a person acting for him. 



C ii Appendix No. VII. Zanzibar. 



ARTICLE 7. 

The property of a French subject who may die in any part of the domi- 
nions of the Sultan of Maskat, or of a subject of the Sultan of Maskat who 
may die in any part of the French dominions, shall be delivered over to the 
executor or administrator of the deceased, or, in default of such executor 
or administrator, to the respective Consuls of the contracting parties. 

ARTICLE 8. 

If a Frenchman shall become bankrupt in the dominions of the Sultan 
of Maskat, the French Consul shall take possession of all the property of 
such bankrupt, and shall give it up to the creditors of the bankrupt 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 the deficiency, nor shall any property he may 
afterwards acquire be considered liable for that purpose. But the French 
Consul shall use his endeavours to obtain for the benefit of the creditors all 
the property of the bankrupt. It shall also be incumbent upon the Consul 
to ascertain that everything possessed by the bankrupt at the time when 
he became insolvent has been given up. 

ARTICLE 9. 

If a subject of the Sultan of Maskat owes a debt to a Frenchman, the 
Sultan or his deputies shall urge the former to pay the claim of the latter. 
In like manner, the French Consul shall enjoin a Frenchman to pay a debt 
due by him to a subject of the Sultan of Maskat. 

ARTICLE 10. 

No duty exceeding five per cent, shall be levied on goods imported by 
French vessels into the dominions of Syud Sueed bin Sultan, the Sultan 
of Maskat. If a vessel of other nations imports any goods into the terri- 
tories of the Sultan of Maskat, and pays less duty than five per cent., the 
same duty only shall be levied on similar goods imported by a French vessel 
into the said territories. A French vessel after she has paid the duty of five 
per cent., shall not be subject to any other charges, such as anchorage, 
pilotages, etc., nor shall any charge be made on that part of the cargo which 
may remain on board a French vessel ; but if the vessel shall go to another 
part of the dominions of the Sultan of Maskat, duty shall be levied at five 
per cent. The above-mentioned duty having once been paid, the goods 
may be sold, by wholesale or retail, without paying any further duty. No 
charge whatever shall be made on French vessels which may enter any 
of the ports of the Sultan of Maskat for the purpose of refitting, or for 
refreshments, or to inquire about the state of the market ; and they shall 
enjoy the same privileges which are enjoyed (by the vessels) of the most 
favoured nations. 



Appendix No VII. Zanzibar. ciii 



ARTICLE n. 

No vessel shall be prohibited from importing into, or exporting from, 
the territories of the Sultan of Maskat any kind of merchandize. The trade 
shall be perfectly free in the said territories, subject to the above-mentioned 
duty ard to no other. The French shall be at liberty to buy and sell from 
whomsoever and to whomsoever they choose; but they shall not trade in the 
articles of ivory and gum copal on that part of the East Coast of Africa from 
the port of Ton gate, situated in 5^ degrees of south latitude, to the port of 
Culva, lying in nine degrees south of the equator, both ports inclusive. But 
if the English or Americans, or any other Christian nation, should carry on 
this trade, the French shall, in like manner, be at liberty to do so. 

ARTICLE 12. 

If any disputes should arise in the dominions of the Sultan of Maskat 
as to the value of goods which shall be imported by French merchants, and 
on which the duty of five per cent, is to be levied, the Custom Master, or 
other person acting on the part of the Sultan of Maskat, shall, when practi- 
cable, receive one-twentieth part of the goods, and the merchant shall then 
be subject to no further demand on account of customs on the remaining 
goods in any part of the dominions of the Sultan of Maskat to which he 
may transport them. But if the Custom Master should object to levy the 
duty in the manner aforesaid, by taking one-twentieth part of the goods, 
or if the goods should not admit of being so divided, then the point in 
dispute shall be referred to two competent persons, one chosen by the 
Custom Master, and the other by the merchant, who shall make a valuation 
of the goods j and if they shall differ in opinion, they shall appoint an 
arbitrator, whose decision shall be final, and the duty shall be levied accord- 
ing tp the value thus established, 

ARTICLE 13. 

It shall not be lawful for any French merchant to expose his goods for 
sale for the space of three days after the arrival of such goods, unless the 
Custom Master and the merchant shall have agreed as to the value of such 
goods. If the Custom Master shall not within three days have accepted one 
of the two modes proposed for ascertaining the value of the goods, the 
authorities on the part of the Sultan of Maskat, on an intimation being made 
to them on the subject, shall compel the Custom Master to choose one of 
the two modes for the levy of the duty. 

ARTICLE 14. 

If it shall happen that either the King of the French or the Sultan of 
Maskat should be at war with another country, the subjects of the King 
of the French and the subjects of the Sultan of Maskat shall nevertheless 
be allowed to trade with, and to take to, such country, merchandize of every 



civ Appendix No. VJL Zaiwibar, 

description, except warlike stores, but they shall not be allowed to enter any 
port or place actually blockaded or besieged. 

ARTICLE 15. 

Should a vessel under the French flag enter a port in the dominions 
of the bultan of Maskat in distress, the local authorities at such port shall 
afford all necessary aid to enable the vessel to refit and to prosecute her 
voyage ; and if any such vessel should be wrecked on the coasts of the 
dominions of the Sultan of Maskat, the authorities on the part of the 
Sultan of Maskat shall render all the assistance in their power to recover 
and deliver over to the owner, or the Consul, the property that may be 
saved from such wreck. The same assistance and protection shall be afforded 
to vessels of the dominions of the Sultan of Maskat, and property saved 
therefrom under similar circumstances, in the ports and on the coasts of the 
French dominions, 

ARTICLE 16. 

If any person not belonging to the Christain nations shall steal any 
article from a French vessel, and take it to the dominions of the Sultan 
of Maskat, it shall be recovered from the robber and delivered over to the 
Consul. 

ARTICLE 17. 

The French shall be at liberty to hire or erect houses and warehouses 
at Zanzibar or anywhere else. 

ARTICLE 18. 

Any engagements which may have been entered into previously to this 
are null and void, and are not to be acted upon or attended to. 

ARTICLE 19. 

The present convention shall be ratified, and the ratifications thereof 
shall be exchanged, at Maskat or Zanzibar, as soon as possible, and within 
the space of fifteen months from the date hereof. 

Dated the 6th Zilkad, Hijree 1260 (corresponding with the nth 
November 1844. A. Z3.) / 

(True translation.) 
(Sd.) W. ESCOMBE, 

Secy, to Gout, 



Appendix No. VIII. Zanzibar. cv 



MEMORANDUM. 

On the 4th February 18*6, the ratifications of the foregoing Treaty 
were exchanged between His Highness the Imam of Maskat and Com- 
modore Monsieur Romain Desfoss6s, on the part of the King of the French. 
Previous to the exchange of the ratifications, His Highness requested from 

Commodore Monsieur Desfosses * an ex- 
* Vide letter from Captain planation of the precise meaning of Article 



February 1846. Article was considered as having reference to 

matters simply and purely of a commercial 

nature. The exchange of ratifications then took place, His Highness the 
Imam previously affixing thereto the following declaration : 

Declaration written by His Highness the Imam on the foregoing 
Treaty. 

That is correct, that whatsoever is written in Arabic letters (in the 
Arabic language) in the agreement is binding on us. 

The writing of the humble Fukeer with his own hand. 

(Sd.) SYUD BIN SULTAN. 

(True translation.) 
(Sd.) ATKINSON HAMERTON. 



APPENDIX No, Vlll.Page 232. 



TBEATY OF AMITY, COMMERCE, and NAVIGATION between the SENATES of the HANSEATIC 
REPUBLICS of LUBECS, BREMEN, and HAMBURG and His HIGHNESS SYUD MAJID 
BIN SYUD, SULTAN of ZANZIBAR, concluded at Zanzibar, the isth of June 1859. 

His Highness Syud Majid bin Syud, Sultan of Zanzibar and his depen- 
dencies, having in consideration of the extensive and fast increasing trade 
and navigation between the Hanseatic Republics of Lubeck, Bremen, and 
Hamburg and his own dominions, most graciously accepted the proposals of 
the Senates of the said Republics for negotiating a Treaty of Amity, 
Commerce, and Navigation for the support of mutual welfare and mutual 
commercial interest, the Senates of the Hanseatic Republics of Lubeck, 
Bremen, and Hamburg have accordingly appointed as their Plenipotentiary 
William Henry O'Swald, Junior, Esquire, a citizen of the Hanseatic 
Republic of Hamburg, and actually residing in the city of Zanzibar, Island 
of Zanzibar , and the Sultan of Zanzibar, Syud Majid bin Syud, has resolved 
personally to carry on negotiations with the said Plenipotentiary, the 
plenipotentiary of the above-mentioned Hanseatic Republics having repre- 
sented to His Highness the Sultan of Zanzibar that he is vested with the 



cv j Appendix No, VI! I Zanzibar. 



requisite powers, the following Treaty has been concluded with the consent 
of both the high contracting parties : 

ARTICLE i. 

There shall be perpetual peace and amity between the Hanseatic 
Republics of Lubeck, Bremen, and Hamburg and His Highness Syud Majid 
bin Syud Sultan of Zanzibar. 

ARTICLE 2. 

The citizens of the Hanseatic Republics of Lubeck, Bremen, and Ham- 
burg shall have the liberty to enter all the ports of His Highness Syud 
Majid bin Syud, Sultan of Zanzibar, with their cargoes, of whatever kind 
the said cargoes may consist, and they shall have liberty to sell the same to 
any of the subjects of the Sultan, or others who may wish to buy the same, 
or to barter the same for any produce or manufactures of the kingdom, or 
other articles that may be found there. No price shall be fixed by His 
Highness the Sultan or his officers on the articles to be sold by the merchants 
of the before-mentioned Hanseatic Republics, or the merchandize they may 
wish to purchase, but the trade shall be free on both sides to sell or buy or 
exchange on the terms, and for the prices, the owner may think fit ; and 
whenever the said citizens of the said Hanseatic Republics may think fit to 
depart they shall be at liberty so to do, and if any officer of His Highness 
the Sultan'shall contravene this Article he shall be severely punished. 

ARTICLE 3. 

Vessels of the Hanseatic Republics of Lubeck, Bremen, and Hamburg 
entering the port of Zanzibar, or any other port within His Highness the 
Sultan's dominions, shall pay no more than five per cent, duties on the cargo 
landed, and this shall be as a fully equivalent and in lieu of all other import 
and export duties ; tonnage dues ; licenses to trade ; pilotage ; anchorage , or 
any other charges whatever. 

Nor shall any duty or charge beljpaid on that part of the cargo which 
may remain on board unsold and re-exported. Nor shall any charge what- 
ever be paid on any vessel of the Hanseatic Republics, which may enter any 
of the ports of His Highness the Sultan's dominions, for the purpose of 
refitting, or for refreshments or to enquire the state of the market*. 

And it is also well understood and agreed upon as follows . Should any 
vessel of the Hanseatic Republics of Lubeck, Bremen, and Hamburg, 
whether she has been loaded before in Zanzibar or in any other port within 
His Highness the Sultan's dominions, or in any foreign port, be obliged to 
return to, or enter any port within His Highness the Sultan's dominions, 
for the purpose of repairing the ship's damages, sustained at sea by stress of 
weather or by some other accident of the seas, and thereby be obliged to 
unload her cargo, such vessels shall be permitted to land her said cargo free 
of duty, and shall pay no duty whatever on such cargo landed, provided it 



Appendix No. VIII Zanzibar. 



be re-shipped either on board the said vessel or on board any other vessel 
should the sea-damaged vessel be condemned. 

ARTICLE 4, 

His Highness the Sultan of Zanzibar hereby engages not to permit the 
establishment of any monopoly or exclusive privilege of sale within his 
dominions ; except in the articles of ivory and gum copal, in that part of the 
East Coast of Africa, from the port of Tangate, situated in about 5$ degrees 
of South Latitude to the port of Quali lying in about seven degrees south 
of the Equator, both ports inclusive ; but in all other ports and places in 
His Highness the Sultan's dominions, there shall be no monopoly whatever; 
but the citizens of the Hanseatic Republics of Lubeck, Bremen, and Ham- 
burg shall be at liberty to buy and sell with perfect freedom, from whomso- 
ever and to whomsoever they chose, subject to no other duty by Government 
than that before mentioned. 

ARTICLE 5, 

The citizens of the Hanseatic Republics of Lubeck, Bremen, and Ham* 
burg shall enjoy all the privileges and .advantages with respect to commerce 
or otherwise, which are or may be accorded to the subjects or citizens of the 
most favoured nation, and particularly pay no other duties on export or 
import ; tonnage ; license to trade ; or any other charge whatsoever than the 
nation the most favoured shall pay. 

ARTICLE 6, 

Should a vessel of the Hanseatic Republics of Lubeck, Bremen and Ham- 
burg enter a port in the dominions of His Highness the Sultan of Zanzibar 
in distress the local authorities at such port shall afford all necessary aid to 
enable the vessel to refit and to prosecute her voyage, and if any such vessel 
should be wrecked on the coast of the dominions of His Highness the Sultan 
of Zanzibar, the authorities of His Highness shall give all the assistance in 
their power to recover and to deliver over to the owners all the property that 
can be saved from such vessel, or to the Consul of the before-mentioned 
Hanseatic Republics or to any authorised Agent The same assistance and 
protection shall be afforded to vessels of the dominions of His Highness the 
Sultan of Zanzibar, and property saved therefrom under similar circumstances 
in the ports and on the coast of the Hanseatic Republics of Lubeck, Bremen, 
and Hamburg. 

ARTICLE 7. 

The citizens of the Hanseatic Republics of Lubeck, Bremen, and 
Hamburg resorting to the ports of His Highness the Sultan's dominions for 
the purpose of trade shall have leave to land and reside in the said ports, as 
well as to purchase, sell, or hire, land or houses there. The houses, 
warehouses, or other premises occupied by the citizens of the three 



cviii Appendix No. VI II -Zanzibar. 



Hanseatic Republics, or by persons in their service, shall not be forcibly 
entered without the permission of the Consul of the Hanseatic Republics. 

ARTICLE 8. 

If any citizen of the Hanseatic Republics of Lubeck, Bremen, or 
Hamburg, or their vessels, or other property, shall be taken by pirates and 
brought within the dominions of His Highness the Sultan, the persons shall 
be set at liberty, and property restored to the owner, if he is present, or 
to the Consul of the before-mentioned Hanseatic Republics or to any autho- 
rized Agent. 

ARTICLE 9. 

Vessels belonging to His Highness the Sultan of Zanzibar, or vessels 
belonging to his subjects, which may resort to any port of the Hanseatic 
Republics of Lubeck, Bremen, or Hamburg, shall pay no other higher rate 
of duties or other charges than the nation the most favoured shall pay. The 
subjects of His Highness the Sultan shall be permitted to reside and pursue 
commerce in all ports of the Hanseatic Republics of Lubeck, Bremen, and 
Hamburg, submitting themselves to the laws of the country. They shall 
enjoy the fullest protection for their persons and for their property. 

ARTICLE 10. 

The Senates of the Republics of Lubeck, Bremen, and Hamburg may 
appoint Consuls to reside in the ports of His Highness the Sultan's domi- 
nions, where the principal commerce shall be carried on. The said Consuls 
shall at all times be placed on the footing of the Consuls of the most favoured 
nations, and ^ shall enjoy the same privileges, immunities, and exemptions 
which are enjoyed within the same dominions by similar public functionaries 
of other countries. 

ARTICLE n. 

The Consuls of the Hanseatic Republics of Lubeck, Bremen, and Ham- 
burg shall have the power to receive the property of the citizens of the 
three Hanseatic Republics dying within the dominions of His Highness the 
Sultan; and to send the ^ same to their heirs, first paying all their debts due 
to the subjects of His Highness the Sultan. 

ARTICLE 12. 

The authorities of His Highness the Sultan of Zanzibar shall not inter- 
fere in disputes between citizens of the Hanseatic Republics of Lubeck, 
Bremen, and Hamburg, or between the said citizens and the subjects or 
citizens of other Christian nations. When differences arise between a 
subject of the dominions of His Highness the Sultan of Zanzibar and a 
citizen of the above-mentioned Hanseatic Republics, if the former is the 
complainant, the cause shall be heard by the Consul of the three Hanseatic 
Republics, who shall administer justice thereupon ; but if the citizen of 



Appendix No. VHI-Zaczihar. cix 

the three Hanseatic Republics is the complainant against any of the subjects 
of His Highness the Sultan of Zanzibar, or the subjects of any other 
Mahometan power, the cause shall be decided by the highest authority 
of His Highness the Sultan of Zanzibar or by any person nominated by him ; 
but in such case the cause shall not be proceeded with except in the 
presence of the Consul of the Hanseatic Republics of Lubeck, Bremen, and 
Hamburg, or of some person deputed by him. 

ARTICLE 13. 

If a citizen of the Republics of Lubeck, Bremen, and Hamburg shall 
become bankrupt in the dominions of His Highness the Sultan of Zanzibar, 
the Consul of the three Hanseatic Republics 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 anytime 
afterwards be required to make up his deficiency, nor shall any property 
he may afterwards acquire be considered liable for that purpose' But the 
Consul of the Hanseatic Republics of Lubeck, Bremen, and Hamburg shall 
use his best endeavours to obtain for the benefit of the creditors all the 
property of the bankrupt at the time when he became insolvent has been 
given up without reserve, 

ARTICLE 14. 

If a subject of His Highness the Sultan of Zanzibar should resist or 
evade payment of his just debts to a citizen of the Hanseatic Republics of 
Lubeck, Bremen, and Hamburg, the authorities of His Highness shall afford 
to the citizen of the Hanseatic Republics every aid and facility in recovering 
the amount due ; and in like manner the Consul of the three Hanseatic 
Republics shall afford every aid and facility to subjects of His Highness the 
Sultan of Zanzibar, in recovering debts justly due to them from a citizen 
of the Hanseatic Republics of Lubeck, Bremen, and Hamburg. 

ARTICLE 15. 

His Highness the Sultan of Zanzibar shall be at liberty to appoint 
Consuls in the cities and ports of the Hanseatic Republics of Lubeck, 
Bremen, and Hamburg, for the protection of his own interests, or those of 
his subjects ; and such Consul shall enjoy the same rights, liberties, and 
privileges, which the Consul of the most favored nation shall enjoy, 

ARTICLE 16. 

The present convention shall be ratified and the ratifications thereof 
shall be exchanged at Zanzibar as soon as possible. 

Concluded, signed, and sealed, at the Royal Palace of His Highness the 
Sultan of Zanzibar, in the city of Zanzibar, Island of Zanzibar, the thirteenth 
day of June, in the year one thousand eight hundred and fifty-nine of the 



Appendix No. VIII Zanzibar. 



Christian era, corresponding to the eleventh day of the moon called Zilkad, 
in the year of the Alhajra (Hejira), one thousand two hundred and seventy- 
five. 

For the senates of the Hanseatic Signed in the Arabic language, 
Republics of Lubeck, Bremen, and 
Hamburg. 

MAJID BIN SYUD. 

(Sd,) W. H. O'SWALD, Jr. 



True Copy of the Original. 
Treaty in the English language. 



(Sd.) C. P. RIGBY, Captain, 
Her Majesty's Consul and British 
Agent) Zanzibar. 

British Consulate > Zanzibar > 
June ijth, 




Translation of the Sign Manual, 
and seal of His Highness Majidbin 
Syud, Sultan of Zanzibar, as affixed 
to the original Treaty. 



(Sd.) C. P. RIGBY, Captain, 
Her Majesty s Consul and British 
Zanzibar. 



True copies. 
H. P. ANDERSON, 

Secretary to Government* 



INDEX. 



SUBJECT. 



'AGE. 



ABADI, an Arab tribe near Aden 

Aden roads to be protected by the Chief of the - 

Chief's engagement of peace and friendship 
ABDALI, an Arab tribe near Aden , 

Account of the 

Atifi suppressed by the 

Aulaki Shaikh's agreement abandoning all customary rights over 

Haushabi and . Agreement between the for the restoration to 

the former of a portion of the Zaida lands 

Lahej inhabited by the 

Salute allowed to the Sultan of the 

Stipend enjoyed by the Sultan of the 

Subaihi placed under the control of the 

Subaihi territory, namely Ras al Arah, Turan and Am Rija, occupied 
by the 

Zaida lands purchased from the Haushabi by the 

Zaida lands res/tored to the Haushabi by the 

See Lake]. 

ABYSSINIA 

Shoa, in Southern . . , . . 

ADEN 

Abdajli amenable to British laws when in 

Account regarding ^ 

Ahmad bin Mohsm's succession to the Chiefship of Lahej 

Akrabi culprits to be surrendered to the Sultan 

Ali bin Mohsm's succession to the Chiefship of Lahej 

Amin Shaikh s stipend to be paid by the British Government 

Arab tribes near . . 

British allowed the privileges of trade in the ports of 

British ships exempt from payment of port-dues in 

British subjects guilty of offences in Lahej to be surrendered to the Bri- 
tish representative at 

British sub] ects* pecuniary claims in . Arrangement for the set Ce- 
ment of 
Britfh subjects permitted to visit Lahej 

. Britilh subjects' privileges in 

British* subjects residing in . Registry to be kfept of 

British subject? to be protected by the Sultan of Lahej 

Bntis,h title to - 

British troops recteived by the Sultan of Lahej at 

Capture of ' 

Convention fo$ the construction of an aqueduct from the Shaikh Oth 
man wells 

Customs duty payable on British merchandise in ports of 

Deria Dowlut (The) plundered on the coast of 

Deserters to be surrendered by the authorities at 

Disputes m ~. Arrangement for, the settlement of .. 

Estates of deceased British subjects in , Arrangement for the dis 

posalof 



99 

99 

43 
47 
S3 

89 
43 
47 
46 
46 

47 



So 
43 
45 
117 
45 
80 

43 
75 
75 

2 and 85 

77 
82 



44 
44 
45 

88 
75 
44 
78 
77 

76 



F. D, VoL XIII. 



SUBJECT. 



Extent of British territory in 

Fadthl bin Ah superseded by his trade in the Chief ship of Lahej 

Fadthl bin All's succession to the Chief ship of Lahe] 

Fadthl bin Mohsin rewarded for assistance to British troops employee 

against the Fadthh 

Fadthl bm Mohsin's succession'to the Chiefship of Lahej 
Fadthh Shaikh's stipend to be paid by the British Government 

Fadthh Sultan's bond for the security of the roads leading to 

Fadthli Sultan's engagement to abolish transit duties on caravans pass 

ing through his territory to and from 

Ground to be given for a cemetery by the Sultan of Lahej 
Guarantee foi the payment of the stipend of the Sultan of Lahej 

Haines 5 (Captain) deputation to 

Hasan Abdulla Khatib's land and property to be restored by the Sul- 

tan of Lahej 

Haushabi Shaikh's stipend to be paid by the British Government 
Khor Maksar bridge deemed British property 

Lahej Sultan to render assistance in case of an attack on 

Lahej Sultan's bond on the restoration of his stipend 

Lahej Sultan's bond engaging to maintain peace and friendship with the 

British Government 
Lahej Sultan's brother's imprisonment and subsequent retirement to 

Mokha 

Lahej Sultan's engagement on the restoration of peace and friendship . . 
Lahej Sultan's engagement to protect the roads leading to 

Lahej Sultan's offer of 

Lahej Sultan's property exempt from customs duty in 

Land to be assigned for building purposes at 

Mansuri section of Subaihi engage to protect the roads at 

Makhdumi engagement to projfcect the roads leading lib 

Narrative of British relations with the principal tribes near 

Negotiations with Sultan Mohsin for the purchase of 

Plot laid against the British Agent at . . . . . . 

Policy of main taming direct intercourse with the Arab Chiefs in the 

vicinity of 

Political intercourse first established with the Chiefs of 

Property of the Sultan of !.ah rt i exPT-pt -fro-r ->pvne-t of duty 
Rate of transit duties to bi Ir.itiovi ie^ u i..i.ioiLc | Le J on goods pass- 
ing into . 

Road to be made from Khor Maksar to 

Roads to be protected by the Sultan of Lahej 

Rujai engagement to protect the roads to 

Shumaiel the Jew's claims to be settled by the Sultan of Lahej 
Stipend agreed to be paid to the Sultan of Lahej 

Sultan and family exempt from payment of customs duty at 

Sultan Mohsin's unsuccessful attacks for the recovery of ||. . 

Transit duties in . Arrangement regarding . . 

Treaty for the re-esjtabhshment of peace with the Sultan of Lahej * 
Treaty of amity and commerce concluded with the Sultan of Lahej 
Treaty of commerce concluded with tfre Sultan of Lahej . . 
Turkish designs on Lahej 

Yafai Shaikh's stipend to be paid by the British Government 
See AbdaH, Aftrabi> Alawi, Dthubi, Fadthh, Haushabt, Lake], Aulahi. Subathi 

and Yafai. > 

A r RICA 

Portuguese conquest of the Eastern Coast of 

Principal ports on the Coast of opposi te Aden 

Somali Coast in .. . 



PAGE. 



85 
46 
46 

46 

45-46 

80 

in 

1X2 

78 
87 
44 

81 

80 
82 
80 
83 

80 



81 
8$ 
44 
85 
77 
1 02 

102-103 
43 
44 
44 

SO 



86 
88 

82 
102-103 

8i 
80 
82 

45 
81 
78 
75 
84 
46 
80 



229 
189 
189 



( lit ) 



SUBJECT. 

AHMADI 

(See under DthaU). 
AKRABI, an Arab tribe near Aden 

Abdali and . Dissensions between the 

Abdulla Haidara Mahdi Succession of to the chiefship of 

Account of the 

Agreement regarding sale of Little Aden'executed by the Chief of the 



Agreement renewing friendship executed by the Chief and elders of 

Auckland's seaman murdered by the ! . . . ! ! 

Bir Ahmad. Siege of by the Abdali 

British acquisition of a strip of foreshore to connect Al Hiswa and Ban- 
dar Fukum 

British subjects guilty of offences in territory to be surrendered to 

the British representatives at Aden 

British subjects permitted to enter the territory of the 

Engagement of peace and friendship concluded with the Chief of the 

Engagement with the Chief of the for the purchase of Little Aden 

Extent of the Coast occupied by the 

Fadthl bin Abdulla Haidara's succession as Sultan of 

Fighting men of the . . . . . , , . 

Little Aden purchase money paid to the Chief of the 

Protectorate treaty with the 

Revenues of the Chief of the 

Stipend granted to the Chief of the - 



Subsidy of the Chief of the , increased 

ALAWI, an Arab tribe near Aden 

Account of the 

Agreement fixing rates to be levied on merchandise 

Ali Nasir Saif 's succession as Shaikh of 

District occupied by the 

Hamra. Assistance given to the Shaikh of to build a fort at 

Haushabi Sultan's bond for the good conduct of tjie 

Kotaibi. Relations betweea the and the continue unsatisfac 

tory 
Protectorate treaty with the Shaikh 

Revenues of the 

Stipend granted to the Shaikh of the 

Turkish authorities attempt to assert supremacy over the 

AMARA 

Basrah Pashalik. District of included in the 

AMIRI 

* See tinder DthaU 

ARABIA 

Arab tribes resume their independence on the expulsion otthe Imams of 

Sanaa from the southern portion of 

Mokalla on the Southern Coast of 

Sanaa Imams in possession of the southern portion of 

Shehr on the Southern Coast of 

Turks expelled from the southern portion of 

ATIFI, an Arab tribe near Aden 
Abdali suppress the 



Deserters to be surrendered by, the 

Engagement of the for the protection of shipwrecked British sub 

jects .. - I( H 

Postal sowar shot by a raiding party of A tifis .. .. - 49 



PAGE. 



53 
118 



52 
53 

"7 
117 
116 
ii9 
53 
53 
53 

120 
122 

53 

us 

120 



60 

60 and 
App. Ill 
60 
60 
60 
154 

60 
60 
and 159 
61 
60 
60 



4S 
66 

43 
66 

43 



47 



SUBJECT. 



ATIFI, an Arab tribe near Aden contd. 

Protectorate treaty concluded with the 

Stipend. Payment of the . suspended 

"AUCKLAND" 

Akrabi concerned in the murder of a seaman of the . . 

AULAKI, an Arab tribe near Aden 

Abdah. Agreement of the Upper Shaikh abandoning all cust- 
omary rights over 

Account of the 

Agreement of the Chief of the Lower for the suppression of the 

slavi.-tiade 

Division of the 

Engagement of the Chief of the Lower to prevent the plunder of 

vessels wrecked on his Coast . 

Fadthh Agreement of the Shaikh abandoning all customary 

rights over 

Fadthh and Lower . Dissensions between the 

Munassar bin Bu Bakr, Mahdi of the Lower , murdered together 

with his son Abdulla 

Nasir bin Bubakh's succession as Sultan of Lower 

Protectorate treaty with the Lower 

Shipwrecks on the coast of the Lower . Sultan to render assistance 

in case of 

Stipend to the Lower 

Tract of country inhabited by the 

Treaty of friendship and peace with the Sultan of the Upper 



125 

See Aden. 



B 

BAB, on the Somali Coast 



French protectorate. Island of included in the 

Zaila Governor's cession of the Island of 



BAGHDAD 



Abdulla Pasha murdered by the Montafik Arabs 

Abdulla Pasha's succession to the Pashahk of 

Ah Pasha's succession to the Governorship of 

Assistant Political Agent at . Change in the Consular status of 

the . .. .. ., 9 1 

British Agency (on re-establishment) to be honoured and respected 

British Agent's appointment to , disapproved at home 

British Residency besieged by Daud Pasha . . . . , [ 

Brftish Resident not to interfere in the affairs of the Pasha of . ] | 

British subjects* privileges restored at . . . . ] ' 

Causes which led to the withdrawal of the British Resident from - ! ! 

Cjmet to be replaced by a new vessel . . . . , [\ 

Consular Commission for the establishment of a British Residency at - 

Consular privileges granted by the Sublime Porte to the British Officer 

at 

Consular servants exempt from the payment of taxes at \ ' 

Conversion of seaman deserters prohibited at 

Currency. Introduction of Turkish into the Residency Treasury at 

Customs tariff restored by the Pasha of . . [ " 

Daud Effendi's succession to the Pashalik df \\ 

Daud, Pasha removed from office of Governor of ]] 

Daud Ptsha's conduct towards the British Resident at - 



106 
49 



S3 

53-54 

127 
53 

54 

53 

54 

54 

54 

129 

54 

54 

53 

$and 



192 
190 



2 



I 

2 

12 

14 

2 

3 

10 



SUBJECT. 



BAGHDAD- confd. 

Consul-General at charged with the 



Haji Raza Pasha's succession to the Pashalik of 

* 



Jones's (Mr. Harford) Commission as Consul at 

Native Agent appointed to . . . . ' ] 

Ottoman Government to maintain telegraph service at II 

Pasha's decree for preventing the desertion of sailors at Basrah 
Pasha's decree for the restoration of Natives of India brought as slaves 

to Basrah . . . t 

Pasha's letter restoring the privileges of British subjects at" 

Political Agent at Designation of the changed to Political 

xCesident . , . . 

Political Agent withdrawn from * '' 

Postal arrangements between and India 

Residency. Site for a new at purchased by the Government of 

Resident appointed to 

Resident's duties at 

Resident's privileges restored by the Pasha of" -I 

Russian Consul. Appointment of a at - --_ 
Said Beg's deposal and death 

Said Beg's succession to the Pashalik of 

Seamen deserters to be surrendered by the authorities at 

Slave-trade. Sublime Porte's Imperial farman for the suppression of 
the .. . . .. ^ rr 

Sulaiman Pasha defeated and slam in battle . \ \ \\ 

Sulaiman Pasha's deposal from the Governorship of .' \ 

Sulaiman Pasha's extension of protection to the Resident'at 

Sulaiman Pasha's succession to the Government of . \ ' 

Turkish Note containing terms for the restoration of friendly relations 

with the British Resident at 

Turkish Pasha's engagement not to interfere in the affair's of the Resi- 
dency at 

BALAHAF - 

See under Wakidi. 

BARHEMI, an Arab tribe near Aden 

Protectorate treaty concluded with the - . , 4 . 

BASRAH (Bussorah) 

Ah Reza Pasha's order confirming the privileges of the English at - 

American Consular Agent appointed at 

Austro -Hungarian interests. British Consul at in qharge of -1 

Baghdad Pasha's letter to Political Agent on the restoration of friendly 
relations 

British Residency withdrawn from . . . . \\ 

British subjects' pecuniary claims to be enforced by the authorities 

British subjects' privileges restored by the Pasha of Baghdad \ \ 

Consul permitted tke use of arms when travelling 

Consul's person and property to be respected at 

Consular Commission granted by the Ottoman Government to the 

British officer at 

Consular privileges granted by the Sublime Porte to the British officer 

Consular servants exempt from, payment of duty at - . * 

Conversion of seamen deserters to be prohibited at 

English factory at 



108 



16 
S 

5 



15 

14 

9 



8 

8 

IS 



( VT ) 

SUBJECT. PAGE. 



BASRAH (Bussorah) contd 



Extent and boundaries of the Pashahk of 

Farman filing the duty leviable on English goods at the port of . . 

Farman for protecting English commerce and property at 

Garden's (Mr.) Commission as British Consul at 

Greek interests. Her Majesty's Consul at charged with 

Imperial farman to the Pasha of for English steam -vessels navigat- 

ing the Euphrates 

Incorporation of the Pashahk of with that of Baghdad 

Italian interests British Consul at in charge of 

Lands to be assigned for Residency buildings at 

Pasha's decree for preventing the desertion of sailors at 

Pasha's decree for the restoration of natives of India brought as slaves 

to 

Political Agency. Assistant and Consulate at transferred to 

the control of the London Foreign Office 
Political Agent Premises for the Assistant at purchased by 

the Government of India 

Quarantine station transferred from to Fao 

Sailors deserting from British vessels to be surrendered by the Turkish 

authorities at 

Scoododa (Mr ) to be compensated for loss of property at 

Seamen deserters to be surrendered by the authorities at 

Sturmey (Mr.) to be compensated for excess of customs duty 



Sulaiman Pasha's extension of protection to the British Resident at 

_ ^ t m m 2, 

Sulaiman Pasha's farman for the protection of English commerce at 7 

See Baghdad and Turkish Arabia. 
BEHAN AL KASAB 



Account of 

Treaty of peace and friendship with the tribe 



132 
BERBER A, on the Somah Coast 

201 
190 



British Agent to reside at 
British vessel plundered at 
Habr Awal tribe's outrage on British officers at 

BIR AHMED, in Aden 

Akrabi engagement to protect British subjects visiting 

BIR ALI 

See under Wahidi. 

BLACK SEA 



Ships of war prohibited from entering the 



BREMEN 



Zanzibar subjects permitted to trade in 

Zanzibar Sultan to restore stolen property of citizens of 
Zanzibar Sultan's grant of privileges of trade to citizens of 



BRITISH SUBJECTS 

Slaves. prohibited from possessing or acquiring- 

BULHAR, on the Somali Coast- 
Port of 

BARHEMI, an Arab tribe near Aden 

Abdah charged with the control of the . . 
British expedition againat the 



4 

13 

7 

7 

5 

16 
4 
5 

15 

12 
13 

5 

I 

13 

13 
15 
13 



54 
54 and 



117 



App I 



Ap 



240 



189 

43 
48 



( vu ) 

SUBJECT. ! p AGg . 



CANNING, EARL j 

Zanzibar and Maskat. Arbitral award of m the dispute between | 2 37 

Zanzibar Sultan's acceptance of the arbitral a\vard of .. ; 2 $ 

*'COMET" 

Turkish Note Verbale for the replacement of the by a new \essel 17 

COMORO ISLANDS 

Consul for the . British Agent at Zanzibar is also .. . . 2*4 

CONSTANTINOPLE > 

Complaints against the British Consul at Basrah to be referred to o 

Consular Commission granted by the Ottoman Government tor the ' 

British officer at Basrah . . . . . . , ( g 

Telegraph Office for Indo-European messages to be established at ', 36 

CONSUL(S) [ 

^_ Russian . Appomtment of a at Baghdad .. .. t 4 



DARDANELLES 

Ships of war prohibited from entering the . 

DESERT POST 

Relinquishment of the from Baghdad across the desert of Sha 



miya to Damascus . . 



DOMESTIC SLAVES 



Zanzibar Sultan's supplementary treaty regarding . . 

DOWASIR 

Quarantine dues levied by the local Turkish authorities at Fao and 

DTHALI country, near Aden 

Account of the rise of the Chiefs of the 

Ahl-ath-Thoman (The) recognise the Amu of the as their Suzerain 

Ahmadi tribe become disaffected 

Ali bin Mokbil's succession to the Chiefship of the 

Amir present at the Delhi Darbar, 1903 

British forces sent into the Amin country to operate against the encroach- 
ments of the Turks 

Chief becomes a British stipendiary 

Chief imprisoned by the Turkish authorities . . 

Demarcation of the frontier of the Amin country 

Jebel Jehaf Differences of the Amir of with the tribesmen of the H 

Kotaibi (The) recognise the Amir of the as their Suzerain 

Kotaibi. Restlessness of the . . 

Kotaibi. Troops marched against the * . . 

Saif bin Saif 's succession to the Chiefship of the 

Shairis. Differences of the Amir of with the 

Stipend of the Amir to be paid by the British Government . 

Stipend of the Chief of the . 

Treaty of friendship and peace with the Amir of 

Turks, claim certain districts of the Amin country 
Turks! Encroachment of the 

DxHtrsi 

A sectioa of tK5 Upper Yafai 



5 



241 
6 



61 
61 
62 
61 
62 

62 
61 
61 

62 
62 
6r 
62 
62 
So 
62 
3o 
01 
62 and 
161 
62 
62 



( vni ) 

SUBJECT. , PAGB. 



ESA, a Somali tribe 

See under Ssmaliland. 

EU'HRATTS 

Imperial facinan for the protection of English steam -vessels navigating 



FADTHLI, an Arab tribe near Aden 

Abdah and . Settlement of a boundary dispute between the . . 

AbauIIa and Sak-h, brothers oi the Sultan^ deported to India for con. 

*-> rq aeainst Lim 

ACL/ .-.in the .. 

Agreement concluded with the Sultan for the abolition of transit duties 

on caravans passing through his territory 

Ahmad bin Husam's succession as Sultan of the 

AukiLi (Lower). Invasion of the territory by the 

Auldki Shaikh's agreement abandoning all customary rights over 

AuLaki Strife between the and lower tribes 

Bond executed by the Sultan for the protection of the roads leading to 

Aden .. 

British expedition sent to punish the Sultan of tha 

Caravan, plundered by the 

Compensation to the Sultan for the abolition of transit duties 

Customs post at Zanzibar established by the Sultan 

Engagement executed by the Sultan to abstain from plunder and violence 
Engagement of the Sultan for protecting the roads to Lahej and Aden . . 

Fme imposed on the Chief of the 

Haidara-bm- Ahmad *s succession to the Chiefship of the 

Hostage to reside at Aden on the part of the Sultan of the . 

Husam bin Ahmad's deportation to Bombay . . 

Markashis. Sultan of declares himself responsible for the conduct 

of the 

Merchants and travellers to be protected by the 

Outrage perpetrated by thfr , punished 

Protectorate treaty with " 



FAO 



Roads to Lahej and Aden to be protected by the Sultan of . . no 

Saleb and Abdulla, brothers of the Sultan, deported to India for con- 

spiring against him 

Salute enjoyed by the Sultan of the 

Stipend of the Chief of the suspended . . . . m \ 

Stipend of the to be paid by the British Government ] [ 

Stipend of the Sultan of the . . . . . . * m \ 

Stipend of the Sultan of the -. Increase to . . ]] 

Submission of the Sultan of the , . . . ] " 

Sultan rewarded for conduct at the wreck of the Statelte . . \\ 

Sultan's engagement to maintain peace with friendly tribes ] \ 

Territorial possessions of the r- . . . . . . ^ 

Transit duties abolished on caravans passing through the territory of 

the .. ., . .. _ _,. 

Yafai (Lower) and Disputes between the - 

Yafai (Lower). Strife between- the and the . . -.51-52 



6 
^ 

35-36 



See Aden 

British shipping at protected by the presence of a Man-o'-war 

Consular Agent at 

Fort in existence at 

Ottoman Government to maintain telegraph service at 



16 



51 



49 

312 
50-51 

Si 
53 
4 

Hi 
50 
50 

"3 

53 

112 

110 

51 

50 

IZ2 

Si 



50 
"5 



51 
52 

51 

80 
no 
50 
50 
50 

112 

49 



SUBJECT. 



! PAGE, 



Outrage committed at on the Commander of H. M *s S, Sphinr . 

Quarantine dues levied by the local Turkish authorities at and 

Dowasir 

Quarantine station at 

lurkish fortifications at . Importance attached by Her Majesty's 

Government to the discontinuance oi the 

FOREIGN STATES 

Tajoura Sultan's engagement not to enter into relations *vv ith 

FRERE, SIR BARTLE 

Deputation of as special En\oy to Zanzibar. Reasons for the 



GADABURSI, a Somali tribe 

See under Somaliland 

GARDEN, MR R 

Appointment of as British Consul at Basrah 

Consular Commission granted by the Sublime Porte to for the Otilce 

of Consul at Basrah 
Farman recognising as Consul at Basrah . 

GREECE 

Her Majesty's Consul at Basrah charged with protection of Greek in - 
terests'm that to\\n 



6 

6 



231 



H 

HAJBR AWAL, a Somali tribe 

Blockade of the coast of the . . t 

Blockade of the port to be raised on certain conditions . . 

British officer murdered at Berbera by a party of the . . 

British subjects to be protected in territory of the . . 

British vessels granted the privileges of trade in ports of the 

Murderer of Lieutenant Stroyan to be surrendered by the 

Slave-trade to be suppressed by the 

Stroyan (Lieutenant) murdered by a party of the . 

See further under Somaliland 

GERHAJIS, a Somali tribe. 

See under Somaliland. 

TOLJAALA, a Somali tribe. 

See under SomaMand. 

HADTHRAMATJT, in Arabia 

Nizam's subjects prohibited from interfering in affairs of the 

HADTHRAMI 

A section of; the Upper Yafai 

HAINES, CAPTAIN 

.. Deputation of ,toAden 

HAMBURG 

Zanzibar subjects granted privileges of trade in 

Zanzibar Sultan to restore stolen property of the citizens of 

Zanzibar Sultan's grant of privileges of trade to citizens of 

See Hanseatic Republic 



200 
200 
200 

200 
2OO 
20O 
200 
200 



57 

44 



SUBJECT. 



HANSBATIC REPUBLIC 

Zanzibar Sultan at liberty to establish Consular Agencies in ports of the 

Zanzibar Sultan's grant of privileges of trade to the citizens of the 

Zanzibar Sultan's treaty of commerce \\ith the 

HASA 

Occupation of the oasis of by the Turks 

Basrah Pashahk. included in the 

HAURA, LOWER 

Account of 

Protectorate treaty concluded with the Shaikhs of 

Revised protectorate treaty concluded with the Shaikh of 

Saleh bm Awadth's succession as Shaikh of 

Stipend granted to the Shaikhs of 

HAUSHABI, an Arab tribe near Aden 

AbdaU and -. Agreement between the regarding l&e Zaida 

lands 

Abdah. Strife between the and the . . 

Abdali. Sultan Mohsin bm Ah of dispossessed of his territorv bv 

the chief .. .. .. .. y .: 

Account of the 

Agreement by which territory was restored to Sultan Mohsin bin 

A* 1 ** .. ,. 

Agreement fixing the rates to be levied on merchandise . . 

Agreement of peace and friendship en tered into by the Shaikhs of the 

Ah bin Mam's succession to the Chiefship of the" 

Ah Mana's succession as Sultan of 

Cause of hostilities between the Sultan of Lahej and the \ 

Demarcation of the frontier _ 

Expedition against Muhammad bin Nasir Mukbil, of the Homar tribe 

in the fort built by him in limits 

Intrigues of the with the Turkish authorities 

Lahej Sultan's defeat of the . 

Mohsin Bin All's succession as Chief of the 

Obaid bin Yahya's succession to the Chiefship of the 

Outrage on the Aden road by the 

Protectorate treaty with the Chief of 

Stipend of the to be paid by the British Government 

Subaihis commit depredations in territory 

Zaida ceded by tihe Sultan of Lahej to the 

Zaida lands of the sold to the Abdali 

See Aden and Lahej. 

HODAIDA, in tiie Gulf of Arabia 

Bern* Asir tribes* hostile demonstration against 

Bem Asir's attack on - '~ J 

HYDERABAD in the Deccan 

Hadthramaut Affairs. 



PAGE. 



App. 
VIII 



Nizam's subjects not to interfere in 



IRKJL 



Account of 



4 
4 

55 

136 

5 and 

US 

55 

55 



89 
59 

59 
57 

9 and 

156 
8 and 
App. Ill 
155 
58 
59 
58 
59 

59 

58 

58 

58 

58 

58 
9 and 
158 
&> 
59 
5 
5$*' 



71-72 
1-72 

67 



55 



( XI ) 



SUBJECT. 



IRKA eontd- 

Ahmad bin Awadh bin Muhammad ba Das* succession as Shaikh of 

Protectorate treaty with the Shaikh of 

Stipend granted to the Shaikh of 

Treaty of friendship and peace with the Sultan of . . 



PACK. 



55 
134 
55 
55 and 

135 



JEBEL JEHAF 

See under Dthali 

JONES, SIR HARFORD 

Sublime Porte's Consular Commission for 

Baghdad 



as British Consul at 



KARBALA 



K 



See under Turkey. 



KAYTI CHIEF OF SHEHR, in Arabia- 
Account of the - 

British interference m disputes of the Nakib of Mokalla and the - . . 
Fme imposed on the - for interfering with the commerce of the 

Hadthramaut 

Mokalla Nakib's engagement with the - . . . , 

Mokalla territory assigned m satisfaction of pecuniary claims of the - 
Vessel belonging to - seized under the Foreign Enlistment Act . . 

KATHIRI, an Arab tribe near Aden 

Abdulla bin Saleh, Sultan of the - . His visit to Aden and Zanzi- 

bar and his intrigue with the ex-Nakib of Mokalla 
Account of the - 

Shehr and Mokalla. The - warned not to attack . 
Territory wrested from the - by the Kasadi and JCay ti 






Occupation of - by the Turks 



KISHH 



KOTAIBI 



See under Alawt and Dthali- 

L 



LAHEJ, in Aden 

Abdali, inhabitants of 

Ahma.d bin Mohsm's succession, to the Chiefship of . - 

Ahmtd F^dtW appointed a K.CS.L was present at the Delhi Darbar, 

Ahma4Fad thl succeeds 'to the Chiefship 
All bin Mohsin's defeat by the British in 1858 . . 
Ali bin Mohsin's succession to the Chielsmp oi - - . 
Bond executed by the Sultan engaging to maintain peace and friend 
ship with the British Government . . 

British subjects amenable to the local laws wheix in 

BrtSh subjects permitted to hold landed property in 



10 



66 
67 

67 
67 

% 
67 



65 
65 
65 
65 



43 
43 
45 

47 
47 
45 
45 

So 
80 

82 and 
85 



( xir ) 



SUBJECT 



LAHEJ, in Aden 



British subjects permitted to visit - 



85 
British subjects' persons and property to be protected by the Sultan 

8$ 



of 
British troops despatched to the assistance of the Sultan against Turk 

ish aggressions on - 
Cremation not permitted in - . 
Fadthl bin All's succession to the Chiefship of - 
Fadthl bin Ah superseded by his uncle m the Government of - 
Fadthl bin Mohsm's succession to the Chief ship of -- . . 
Government property exempt from payment of transit duties in - 
Haushabi territory cap tured by the - Chief. Haushabi chief surr en 

ders and his territory is restored to him . . 

Limits of the district of 

Mohsm's (Sultan) succession to the Chiefship of - 

Salute enjoyed by the Sultan of - 

Shaikh. Othman. Aqueduct between and Aden becomes British 

property 
Shaikh-Othman. Conclusion of arrangements for the purchase by Gov- 

ernment of some land attached to 
Shaikh-Othman. Salt -pits at become British property 
Stipend assigned to the Sultan of - 
Stipend guaranteed to the Sultan of - 
Stipend restored to the Sultan of - 
Sultan's bond on the restoration of his stipend . . 
Sultan's engagement for observing treaty obligations 
Sultan's engagement for the restoration of peace and friendship 
Treaty for the re-establishment of peace with the Sultan of -- 
Treaty of amity and commerce concluded with the Sultan of - 
Treaty of commerce concluded with the Sultan of - 
Turkish occupation of - 
Turkish proceedings in 
Turkish troops withdrawn from - 
Vegetable cultivation to be encouraged by the Sultan of - 
See Abdali, Aden, and Fadthh. 

LITTLE ADEN (Jebel Hasan) 

Akrabi Chief's engagemen t for the sale of - . . , . 

Akrabi Chief's engagement relating to the sale of - 
Compensation to the Akrabi Chief for reservation of - 
Purchase-money paid to the Akrabi Chief for - 



See 

LXTBECK 

Zanzibar subjects permitted to trade m - 

Zanzibar Sultan to restore stolen property of citizens of 
Zanzibar Sultan's grant of privileges of trade to citizens of 
See Banseatic Republic. 



M 



MAKHDXTMI, an Arab tribe near Aden 

Aden roads to be protected by the 



Agreement for the protection of the roada leading to Aden executed by 

the 

Muhammad Saleh Jailer incites the - to plunder * 



PAGE, 



82 and 



46 
85 

45 

45-46 
45-46 

85 

47 and 
96 
43 
44 
47 

46 

46 
46 
80 
87 
45 
83 
86 
Si 
78 
75 
84 
46 
46 
46 
86 



119 
118 
1x8 

120 



SUBJECT. 



PAGE. 



MAKHDTJMI, an Arab tube near 

Plundered property to be restored by the - 

Stipend allowed to the - 

Transit dues and taxes on Aden roads renounced by the -- 

See Subaihi. 

MANSURI, an Arab tribe near Aden 
Account of the - 
Aden roads to be protected by the -- 
Aden troops' action with the - 
Muhammad Saleh Jaffai incites the - to plunder 
Plundered property to be restored by the - 
Stipend granted to the - 

Transit duties and taxes on roads relinquished by the 
See Subaiht. 

MATHEWS, GENERAL LLOYD 

See under Zanzibar. 

MAUSATTA 

A section of the Upper Yafai 

MIJJERTAIN Somalis '. 

See under Somaliland. 

MOHAMERAH 

Turks claim, - as Ottoman territory 
MOKALLA, on the South -East Coast of Arabia 

Account of port of - . 

British cruisers empowered to seize vessels belonging to - engaged 

in the slave-trade .. .. 

British policy in regard to the disputes of the Chiefs of Shear ana - . . 
Engagement of the Nakib of - for the abolition of the slave-trade , . 
Ex-Nakib of -- . Acceptance by the of the maintenance provided 

for him 

Kayti Chief's alleged attempt to blockade the port of - 
Kayti Chief's engagement with the Nakib of - 
Kayti Chief's offer of assistance to the Nakib of - 
Kayti Chief's pecuniary claims on the Nakib of - 
Kaytis to be associated in the admmis Ration of - 
Kaytis' privileges in - -- 

Omar bin Saleh's succession to the Government of - 
Salute allowed to the Nakib of - . . ' : j 
Shehr Chief obtains possession of - and its dependencies 
Slave -trade. Engagement of {he Nakib for the suppression of the 
Slave-trade abolished by the Nakib of 

See Shehr and Shehr and Mokalla. 

MOKHA, in Arabia _ 

, ^SSSSSK =it from paym'eat of anchoiage * it 



102-103 
I 103 
101 and 
103 



48 

102 

48 

48 

102 

I O2 

101 



the port of .. 

British Residency attacked and plundered at - 
Capture of - by a British squadron 



inention 



Her Majesty's Ambassador at Constantinople 

Dutch factory established at 

Duty payable by the English at 

English factory established at - - 

Export duty on British trade at the port of 

French factory established at -, 



66 

172 

67 

173 

68 
67 
67 

67 

67 

pp. IV 
ppIV 

67 

68 

68 

172 

173 



69 

179 

70 
70 

I&2 

71 
69 
69 
69 
181 
69 



{ XIV ) 



SUBJECT. 



MOKHA, in Arabia contd. 



Ground to be allotted for an English cemetery at - 
Insult offered to the British flag by the Sharif of - 

Jurisdiction over British subjects residing at 

Forte's sway established over 

Privileges of trade accorded to the English at 

Kesident's guards and privileges at 

Sharif's right to conclude treaty questioned . . 



See Sanaa. 

MGMBASSA, in Zanzibar- 
Account of 

Ahmad, Shaikh, elected Sultan of 

British protectorate extended to and its dependencies 

Convention with the Sultan of , not ratified 

Independence maintained by the people of 

Maskat ruler's conquest of 

Maskat yoke thrown off by the people of 

Portuguese expelled from 

Sultan tendered allegiance to the British Government ., 
See Zanzibar* 

MosAt 

British Consul at withdrawn in 1887 

See also under Turkey. 
MUFLAHAI 

A section of the* tTpper Yaf ai 
MUNTAFXK 

Bastah Pashalifc. District of included in the 

MUSA ISLAND, on the Somali Coast 

French protectorate. included in the 

Tajoura Chiefs' sale of to the British Government 

N 

NBJD 

Ruling of Government that affairs of should come within cognis- 
ance of the Political Resident, Turkish Arabia 
NEJF 

See under Turkey. 



OVERLAND COMMUNICATION 

Scheme for opening out between India and England by the Per- 
sian Gulf and Turkish Arabia . . . . 



PASSPORTS 

jh Consular Agents in Turkish Arabia prohibited from granting 

App. I 

,U*MU-*V; iJt* jj.u v? ML CH* M3 VM. JJCUl^ 1 TV/rw JA* 

British occupation of . . . . ^ m 

PERSIAN GXTLF 



PERIM ISLAND*/ in the Straits of Babel Mandeb 

British occupation of . 

* GtTLF 

Persian slaves excluded from Turkish ports in the - 



PAGE. 



179 
7i 

180 

7i 

69 

178 

71 



229 
229 
229 
229 
229 
229 
229 
229 
229 



192 
190 




POPHAM, ADMIRAL SIR HOME . 

Aden Treaty concluded by - 

PORTAL, SIR GERALD 

See' under Zanzibar. 
PORTUGUESE 

Expulsion of the i 

?* 1 ., .** t,*^ i-aEFtcrn V-OaSt Ot Aft 

a HI the^possej&sion of the - 




RAIKES, GENERAL . 

See tinder Zanzibar 

KAJAI, a sub*tnbe of the Subaihi near Aden- 
Account of the 

Aden road to be protected by the 



TraJMit dutoes and taxes on Aden i^ds renounced by the- 

See Subatht. 
See ander Zanztbar. 

S 



ROGERS, MR* A. S. 



SANAA, in Arabia 

Abdulla's succession to the Chiefship of - 

Account of the Chiefship of 

Ahmad restored to power in by the Turks " 

Arab tribes assert their independence of the Imam of "* 

British policy towards **uwi 

British Resident at Mokha permitted to visit the Imam of II 

Piscre^ancies noticed in the Arabic version of the "eatytiSThe Imam 

Hasan Edib Pasha appointed Turkish Governor of "' 

Neibuhr's (Dr.) visit to 

Popham's (Sir Home) Mission to -1^. Result of " " 

Prmgle's (Dr.) Mission to . Result of -- 

Revolution in 

Treaty concluded with the Imam of " " 

Turkish Governor-General's head -quarters established at" 

lurks capture 

Wahabi power destroyed by the Turks in 

Wahabis wrest districts from 

Zaila dependent upon the Imam of --.- \\ 

SHAIBI 

A section of the Upper Yafai 

See also under Vppei Yafat. 
SHAIKH-OTHMAN 

See Lahef. 



229 
229 



102103 
102-103 

103 
101 and 

103 



70 

69 
70 



179 

70 
72 
69 
70 
70 
7* 
178 
72 

72 

70 

70 

190 

57 



SUBJECT. 



SHAIKH-OTHMAN WELLS, in Aden 

Convention with the Sultan of Lahej as regards the construction ol an 

aqueduct from the 

Lahej Sultan to share in profits of water-rate from 

Lahej Sultan's engagement to protect the aqueduct from he 

Repairs to the aqueduct. Arrangement regarding 

Road to be made by the Sultan of Lahe] to 

Water-rate at the 

See Aden. 



SHAIRI 



See under Dthali- 



to be 



SH ATT -UL* ARAB, in Arabia 

Briiish telegraph office to be established at the mouth of the 
British telegraph staff to be maintained at the mouth of the 
Cost of maintenance of telegraph omce at the mouth of the 
shared between the British and Turkish Governments 

Duties of the telegraph officers at the mouth of the 

Fortified posts. Turko-Persian agreement not to place on the 

Quarantine station on the transferred from Basrah to Fao 

See Fao. 

SHERZEBI, Arab tribe near Aden 

Shaikh's engagement of peace and friendship 
See Aden. 

SHEHR. on the South-Eastern Coast of Arabia 

Account of the port of 

Ah bin Naji expelled from 

Awadth bin Omar. Continuance to of the salute and stipend enjoyed 
by the Chief of . . . . .. 

British cruisers empowered to seize vessels belonging to 

Engagement of the Jamadar of for the abolition of the slave-trade 

Ghalib bin Mohsm captured 

Kathin Chief refused British aid for the recovery of 

Kathin Chief's failure to obtain possession of 

Nawaz Jung of Hyderabad obtains possession of 

Nizam of Hyderabad refused British interference in affairs of 

Salute allowed to the Jamadar of 

Slave-trade. Jamadar's engagement for the suppression of the 

Slave-trade abolished by the Nakib of 

See Mokalla and Shekr and Mokalla. 
SHEHR AND MOKALLA 

Awadth bin Omar (Sultan) present at the Delhi Darbar, 1903 

Jamadar of becomes a British stipendiary 

Protectorate treaty concluded 'with the Jamadar of . . 

Salutes enjoyed by the Chief of 

Stipend of the Chief of continued to Awadth bin Omar 

Succession disputed on the death of Abdulla bin Omar . . 

Title of "Sultan" -erojmisef 1 , in place of that of "Jamad 
distinguishing A .VLU.UOH of the Chiefship 
(See also under wloftaila and Skehr ) 
SKOA, in Southern Abyssinia 

Account of the province of 

Ambassadors or envoys. Arrangement relating to exchange of 

British merchants permitted to trade m 

British Mission sent to 

British subjects permitted to travel in . . ] ] 

Galla tribe. inhabited by the . . ]\ 

Kmg of . Exchange of friendly letters and presents'with 

Rate of customs duty to be levied at 



lar", as the 



PAGE. 



88 
88 
88 
88 
88 
88 



34 
34 

35 

35 

6 

6 



100 



66 
66 

68 
172 

173 

66 

66 

66 

66 

66 

68 

1 72 

i73 



69 

68 

176 

67-68 

68 

68-69 

69 



193 
225 
226 

193 
226 

193 
193 
225 



( xvn } 



SUBJECT. 



PAGE. 



SHOA, in Southern Abyssinia contd. 

Trade to be fostered and encouraged by the King of . . 

Travellers to be protected by the Km4 of 

Treaty of commerce concluded "with the King of 

SLAVE(S) 

Baghdad Pasha's decree for the restoration of natives of Itvha brouj; 
to Basrah as 

British vessels to convey back liberated to their own terrtory 

Sr,AV CARAVANS | 

Zanzibar Sultan's proclamation forbidding the arrival and tittm^ cut ,' 

SLAVE-TRADE 

Aulaki (Lower) Shaikh's engagement to suppress the . . , 

Habr Awal Shaikh's engagement to suppress the . . . ! 

Habr Gerhaji Somalia' engagement for the suppression of the 

Habr Toljaala Sonia ii 1 engagement to suppiess tl e . . j 

Mijjer tain Chiefs' engagement to suppress the . . . . [ 

Mokalla Nakib's engagement to suppress the - 

Ratification of the treaty with the Zanzibar Sultan for the buppressioi i 

of the 

Shehr Nakib's engagement to abolish the . 

Somali elders' engagement to suppress 

Turkey and Great Britain. Suppression of the prov ided fc in tl c j 

Convention of iSSi between . 

Turkish Imperial farman for the suppression of . 

Turkish vessels engaged in the to be confiscated 

Zanzibar. Legal status of slavery abolished 

Zanzibar Sultan's concessions for the suppression of the 

Zanzibar Sultan's engagement to suppress the . 

Zanzibar Sultan's proclamation prohibiting the inland 

Zanzibar Sultan's supplementary treaty lor the suppression of the 

SOKOTRA AND KlSHN 

Account of . . - 

Agreement for the landing and storage of coal on the island conclude 

with the Chief of . .... 

Agreement of the Chief engaging never to cede or sell or its depen 

dencies to any foreign pow er 

AH bin Abdulla, the present Sultan of 

Assistance to be rendered to wrecked vessels by the Sultan of 

Compensation granted to the Sultan of 

Farm of proposed by the Sultan . 

Foreign powers Sultan "to abstain from dealings with 

Foreign powers' interference with to be brought to notice cf 

Government , . , . . 
Mahri tribe. Conclusion of a protectorate treaty with the 

Negotiations for the purchase of . Failure of 

Non-interference in the laws and customs of 

Protectorate treaty Conclusion of a with the Sultan of -~ 

as head of the'Mahri tribe ... * 

Protectorate treatv. Conclusion of a w ith the Sultan of . 

Ross's (Captain) Mission to . Result of 

Salute enjoyed by the Sultan of 

Sovereignty of -I vested in the Ahl Af rir family .... 

Subsidy granted to the Sultan of ... 

Successions in the Sultanate of 

SOMALILAND 

Bab island included in the French protectorate . 



1J 



127 

20- 



|i;2-i 



*7 

235 

24 i 

72 
183 

1X4 

7* 

1*4 



72 

73 



3I37 p. D Vol XIII. 



( xvm ) 

SUBJECT. PAGE. 



SOMAULAND CQUtd. 



Bab island ceded to the British by the Chief of Zaila . 

Berbera. British blockade of 

Berbera, one of the chief ports on the .... 

British protectorate on the Somali Coast. Administration of the 

transferred to the Imperial Government . 
British protectorate on the Somali coast. Limits of the 

Bulhar, one of the chief ports on the . 

Customs ports on the 

Esa Musa tribe. Attack on British exploring party by the 
Esa tribe. Treaty concluded in 1 884 with the ... 
Esa tribe not to cede or part with territory save to the British Govern 

ment ...*.,.... 

Esa tribe to abolish slave-trade 

Esa tribe to permit appointment of British Agents in its territory 
Esa tribe to permit British vessels to trade freely with its ports . 

Esa tribe to protect British subjects 

Flag ports on the ........ 

French and English protectorates on the . Adjustment and limits 

of the 

Gadabursi tribe. Treaty concluded in 1884 with the , * 
Gadabursi tribe not to cede or part with territory save to the British 

Government .,...... 
Gadabursi tribe to abolish slave-trade .... * 
Gadabursi tribe to permit appointment of British Agents in its terri- 



tory 



Gadabursi tribe to permit British vessels to ttade freely with its ports 

Gadabursi tribe to protect British subjects * 

Habr Awal tribe. Conclusion of a treaty of peace and commerce by 

the .... 

Habr Awal tribe. Treaties concluded in 1884 and 1886 with the 
Habr Awal tribe guaranteed British protection .... 

Habr Awal tribe not to cede or part with territory save to the British 
Government .......... 

Habr Awal tribe not to correspond or make treaties with Foreign powers 
Habr Awal tribe to abolish slave-trade ...... 

Habr Awal tribe to permit appointment of British Agents in its'temtory 
Habr Awal tribe to permit British vessels to trade freely with its ports 
Habr Awal tribe to protect British subjects .... 

Habr Gerhajis. Engagement entered into by the for the prohibition 
of the slave-trade ,...... 

Habr Gerhajis. Treaties concluded in 1885 and 1886 with the 
Habr Gerhajis guaranteed British protection .... * 

Habr Gerhajis not to cede or part with territory except to the British 
Government .......... 

Habr Gerhajis not to correspond or make treaties with Foreign powers 
Habr Gerhajis to abolish slave-trade ...... 

Habr Gerhajis to permit appointment of British Agents in its territory 
Habr Gerhajis to permit British vessels to trade freely with its port 

Habr Gerhajis to protect British subjects 

Habr Tpljaala tribe. Engagement entered into by the for the prohi- 
bition of the slave-trade ........ 

Habr Tcljaala tribe. Treaties concluded in 1884 and 1886 with 

the 

Habr Tcljaala tribe guaranteed British piotection . 

Habr Toljaala tribe not to cede or part with territory save to the British 

Government . . . , - . 

Habr Toljaala tribe not to correspond or make treaties with Foreign 
Bowers ............ 

Habr Toljaala tribe to abolish slave-trade 



190 
190 



193 
192 

189 
189 
190 
191 

214 
214 
214 
214 
214 
189 

192 
191 

208 
209 

209 
208 
208 

190 
191 
206 

204 
207 
204 
204 
204 
204 

128 

91-192 
218 

216 
218 
216 
216 
216 
216 

28-129 
91-192 

212 



210 



212 
2IO 



^ ( XIX ) 

SUBJECT. PAGE. 

SOMALILAND Coticld. 

Habr Toljaala tribe to permit appointment of British A^enN in its tern- 

tory . . , , . t m 9 r . B 
Habr Toljaala tnbe to permit British vessels to trade freely \\ itL it pert* 



and to protect wrecks and crews of the sarnie 
Habr Toljaala tribe to protect British subjects 
Mijjertam Somalia granted an annual subsidy 



10 

IO 

23 



Mijjertam Somahs to abolish &la\ e-trade in their territory . 

Mijjertain Somahs to protect vessels \\recked upon their coasts . . __., 

Musa island included in the French protectorate . . . . 192 

Musa island sold by the Chief of Tajoura to the British . . . IQO 

Somali tribes (principal) British protection guaranteed to the . 101-192 
Somali tribes (principal) Conclusion of treaties \iith the . . 191-102 
Tajoura. Conclusion of a treaty \\ith the Chief of . . . IQO 
Tajoura. Sale of the island of Musa to the British by the Chiet ot . , 190 
Tajoura brought under the Go\ernment of the Turks" and subsequently ; 

of the Egyptians . ...... 1 190-141 

Tajoura Chief's engagement m regard to relations with Foreign Euro- 
pean powers .......... J 190 

Tajoura occupied by the French IQI 

Tajoura severed from Sanaa and formed into an independent Chiffbhip 19 

Tribes (principal) along the coast . . . . . . 189 

Warsmgli tribe. Treat v concluded in iS86 with the . . . ! 192 
Warsmgh tribe guaranteed British protection ..... 219-220 

Warsingh tribe not to correspond or make treaties with Fort i:?n pouers i 220 
Warsmgh tribe to abolish slave-trade . . . . 220 

Warsmgh tribe to assist British officers and accept their ad\ ice , . ; 220 
Warsmgli tribe to assist wrecks and protect creus of wrecked vessels . 220 
Warsmgh tribe to permit appointment of British Agents in its territory I 2 o 
Zaila. Conclusion of a treaty \\ith the Chief of , , . . | 150 
Zaila. Cession of the island of Bab to the British by the Chief of . I 190 
Zaila brought under the government of the Turks and subsequently of I 

the Egyptians ........' 190-191 

Zaila Chief's engagement m regard to relations with Foreign European i 

powers ' 109 

Zaila occupied by the British '191 

Zaila, one of the chief ports on the coast . . . . ,1189 

Zaila severed from Sanaa and formed into an independent Chiefship . j 190 
' STATELIE " 



Fadthli Sultan rewarded for conduct towards the 



50 



STROYAN, LIEUTENANT 

Habr Awal tribe guilty of the murder of . . . ' 200 

SUBAIHI, an Arab tribe near Aden 



Abdali occupy Ras al Arah, Turan and Am Rija m country 

Abdah (The). The placed under the control of 

Account of the ..... .... 

Aden roads to be protected by the Chiefs of the .... 

Atifi, a sub-tribe of the . Protectorate treaty concludd with 

the 

Barhemx, a sub-tribe of the . Protectorate treaty concluded \\itn 

the " . 

Barhemi. British expedition against the , a sub-tribe of the 

Conduc* f the 

Engagements of peace and friendship with the petty Chiefs of the 

Haushabi. Depredations committed by the tribe in territory 
Mansuri clan's outrage on caravan entering Aden 
Mansuri section's agreement for the protection of roads at Aden 
Mansuri section's responsibility for the good behaviour of the Kuraisi 
Plundered property to be restored by the Chief* of the 



47-48 
48 

4? 
}Q2 

48 



4 

47-48 
9 8 

59 

4 S 
1 02 



102 



SUBJECT. 



PAGE. 



SUBHI, an Arab tribe near Aden contd 

Resumption by the of their old position of independent relations 

with the Aden Residency ....... 

Stipends enjoyed by certain clans of ..... 

Submission of the Chiefs of the ...... 

Tract of country occupied by the .... 

Transit duties and taxes on roads to be abolished by the Chiefs of the 
"VVarneford (Captain) murdered at Am Rija in > territory 



TAJOURA, in East Africa 

Account of ..... . 

British merchant shipping granted the privileges of trade at 

British subjects to be protected in 

British trade to be encouraged by the Chief of 

Commercial treaty with the Chief of 

TVitv pr vr^i* b" British traders at . 

1 i L IL, i n I t-i - not to be concluded by the Chief of 

Independence affected by the Chief of 

Jurisdiction in . Question relating to . 

Sale of the Island of Musa by the Chief of 

Sanaa Imam's suzerainty recognised by the Chief of 

Turkish sway established at .... 



See Zaila. 
TEIJB GRAPH 

Ottoman engagement for the construction of a line from Baghdad to 
Basrah and to Khanikin ........ 

Ottoman engagement to pay for materials for messages sent from India 
by 

Ottoman submarine line to be maintained and repaired by British Gov- 
ernment .......... 

TEEFITORIAL ACQUISIXION(S) 

Bab Island ceded to' the British Government by the Governor of Zaila . 
TUB KEY 

Algerians prohibited from molesting British merchants 

American Consular Agent appointed at Basrah ..... 

American Consulate. When established ; changes in its status . 

Austrian Consulate. When established ...... 

Austrian interests. British Consul-General in charge of 

Austrian interests. French Consul in charge of . 

Austro-Hunganan Consulate. When established .... 

Austro-Hunganan interests British Consul at Basrah in charge of 

Baghdad. Introduction of Turkish currency into the Residency Trea- 
sury at 

Baghdad. Postal ai rangements between and India 

Baghdad. Site for a new Residency at purchased by the Government 
oi India ....... 

Bqrat of dragomans in . Arrangement regarding grant of 

Basrah. Assistant Political Agency and Consulate at transferred to 
the London Foreign Onice 

Basrah. Premises for the Assistant Political Agent at purchased by 
the Government of India ....... 

Belgian Consul at Baghdad. When appointed .".'... 

British Ambassadors honours in ...... 

British Consular Agent at Mosal. When appointed . 

British Consular officer for Karbala and Neif. When appointed his 
status J . *f 



48 
48 
48 

47 
lot 

49 



190 
196 
197 

196-197 
196 
197 

197 
190 
197 
190 
190 
190 



28 

29 

34 

190 

App. I 

5 
4 
4 
4 
4 
4 
S 

6 

5 

App. I 

S 
5 

App 4 ! 
5 



( XXI ) 



SUBJECT. 



PAGE. 



TURKEY contd 

British Consular appointments m 

British Consular appointments not to be held by natives of 

British Consular protection extended to Foreign merchantmen 



sailing 



under the English flag m 

British Consul's employment of natives of 

British Consul's privileges in . 

British Government to supply telegraph materials to the Ottoman Gov- 
ernment . ...... 

British rneichanclise exempt from customs duty on transhipment of 

goods m ......... 

British merchandise under sequestration m , Restoration of . 

British passports to be refused to subjects of .... 

British protection to be refused to subjects of .... 

British vessels to be protected and assisted in ports of 

BrusseFs convention relating to telegraph details to be observed by 

Capitulations and Articles of Peace between Great Britain and . 

Comet's replacement. Note Verbals regarding the ... 

Consular appointments m .... . 

Consular Commission for the establishment of a British Consul at Basrah 
Consular Commission for the establishment of a British Residency at 

Baghdad . . 

Consular fees to be paid by British merchantmen m .^ 

Convention for the establishment of telegraph communication between 

India and ......* 

Convention for the suppression of the African slave-trade . 

Customs duty to be paid on goods landed from British vessels in ports 

of 

Customs tariff m 

Dardanelles closed to foreign ships of war 

Disputes in . Arrangement for the settlement of . 

Distressed vessels to be assisted in ports of .... 

Division of telegraph receipts . 

Duty payable once on British merchandise in .... 

Englishmen found in slavery to be restored by .... 

Estates of Briti h subjects in Arrangement for the disposal of 

Exchange of prisoners of war with . . . / 

Flemish merchantmen sailing under the British flag accorded the privi- 
leges of trade in 

Foreign merchantmen sailing under the British flag granted the privileges 

of trade in ..... 

French Consulate* Changes m the status of the . 

German Consul at Baghdad. When appointed .... 

German interests. British Consul-General m Baghdad charged with the 

protection of 

Greek subjects under the protection of the British Consul-General 
Imperial farman for the suppression of slave-trade 
Indo-European messages. Arrangement for the despatch of . 
Italian interests. British Consul at Basrah in charge of 

Jurisdiction over employes of the British Ambassador in 

Jniisdiction to be exercised over Englishmen in 

Mercantile transactions in . Arrangement regarding 

Mohamerab Turks claim as Ottoman territory . 
Norway and Sweden. Appointment of a Consul for 
Note Verbale for the replacement of the Comet by a new vessel 
Ottoman Order in Council, 1899, regulating the relations of the British 
Resident m Turkish Arabia with the local Turkish authorities 

Payment of salaries of telegraph officers by Indian Government . 
Persian Telegraph accounts. Arrangement regarding . 



10 
App. I 

App.I 
App I 
App. I., 

29 

App.I 
App.I 
App.I 
App.I 
App.I 

37 
App. I 

App. I 
7 

10 
App.I 

32 

20 

App I 
App.I 
App I 
App.I 
App.I 

3i 
App.I 
App. I 
App.I 
App.I 

App. I 

App. I 
4 
4 

4 
4-5 

17 
35 

App. I 

App. I 

App. I 

6 

4 

17 

3 & 

App. II 
30 
39 



( XXTI ) 

SUBJECT. I>AOC * 



piracy on English vessels in Arrangement for punishment of - 

and restoration of property 

Forte's Consular appointments in British dominions . 



Privileges accorded to British subjects in 
Privileges of Consuls of the Sublime Porte 

Privileges of trade accorded to British vessels in 

Quarantine. Local Turkish authorities levy dues at Fao and Dowasir 
Residence of Telegraph delegates 



Restoration of fortresses to 

Russian Consulate raised to a Consulate General with a European Chan- 



celher as an Assistant 



Specie exempt from duty under British flag in .... 

Slave-trade treaty between Great Britain and . Conclusion of a 



in 1881 . . . 

Slaves, African, Power to search and detain British and Turkish ships 
*n#\ged in the tram: in in the Persian Gulf .... 

Tariff for Indo-European messages ....... 

Telegraph account. Adjustment of 

Telegraph Convention Duration of ...... 

Telegraph engagement for the construction of a line from Baghdad to 
Basrah and to Khamkm 

Telegraph lines to be maintained and repaired by the Ottoman Govern 
ment 

Telegraph officers to be placed at the disposal of the Ottoman authori- 
ties 

Telegraph service to be maintained by the Ottoman Government 

Treaty on the restoration of amicable relations with . 

Turkmans prohibited from molesting British merchantmen 

See also under Turkish Arabia, 
TURKISH ARABIA 

Agency placed under Supreme Government .... 

Agent's powers regulated by certain Ottoman Orders in Council 

Baghdad. Introduction of Turkish currency into the Residency Trea*- 
suryat 

Baghdad. Postal arrangements between and India , 1 * 

Baghdad. Site for a new Residency at purchased by the Government 
of India 



Basrah ConsuPs privileges ...... [ 

Basrah. Control of the Assistant Political Agency and Consulate at -1 

transferred to the London Foreign Office . 
Basrah. Premises for the Assistant Political Agent at purchased bv 

the Government of India , J 

British Resident in - . Relations of the with the local Turkish 

authorities: how regulated , 

Comet attached to the Residency in __ - ,.".*"* 
Consular powers conferred on Agent in -- " " 
Consular status of the Assistant Political Agent raised from' Vice-Consul 

to Consul *..,.. 
Imperial farman constituting Mr. Garden, Consul at Basrah 



Narrative of British relations with the Pashas of 

Ottoman Order in Council, 1899, regulating the relations of the British 
Resident in with the local Turkish authorities . . 



. 
Turkish occupation of Katif and the Oasis of Hasa 



pK>tection of a*tah commerce at 



3 & App. 



App * 
App I. 
App, I 
App. I 
App. I 
6 

39 
App. I 

4 
App. I 



24-25 
37 
3 
40 

28 



34 



. 

App I 
App. I 



& App. 
I and 1 1 

3 

3 

3 
7 



( xxm ) 



SUBJECT. 

See Baghdad and Basrah. 
See also under Turkey. 

u 

Nil 

V 

Nil 

w 

WAHIDI, aHadthramaut tribe near Aden 

Abdulla bin Omar's succession as Sultan of Habban and Izzan . 

Account of the ........ 

Balahaf. Force sent against . . .*.'. 
Balahaf . Fort at demolished and the port closed against shipping 
Balahaf. Intrigues of the Sultan of with foreign powers 

Balahaf. Sultan of contemplates selling his share of the port of 

to the Sultan of Shehr and Mokalla 
Bir Ah. Attempted sale of the port of to the Kaytis 

Hadi bin Saleh elected as principal Sultan of the 

Kayti. Strife between the and the 

Mohsm bin Saleh recognised as chief of Balahaf 

Protectorate treaties concluded with the Sultans of Bir All and Balahaf 

Saleh bin Abdulla elected Sultan of . 

Saleh bin Ahmad's succession as Sultan . 
Turkish flag hoisted by the Sultan of Balahaf . 

WARNEFORD (Captain) 

Murder of at Am Rija in Subaihi territory 

WARSINGLI, a Somali tribe 

See under Somaliland* 



YAFAI (LOWER), an Arab tribe near Aden 

Abdulla bin Mohsm's succession as Sultan of 

Account of the . . * 

Ahmad bin All's succession to the Chiefship of the 

Division of the . . . * 

Engagement of peace and friendship with the 

Fadthli. Strife between the and the . 

Fadthli wrest territory from the 

Hostilities between the Fadthli and . . . 

Plunder and outrage on roads to Aden. Sultan's responsibility for . 

Stipend of the to be paid by the British Government . 

Strained relations of the with the British Government 

Territory occupied by the 

See Aden. 
YAFAI (UPPER), an Arab tribe near Aden 

Account of the . - * * 

Agreement for the protection of boundary pillars . . . 
Ahmad bin All's visit to Aden and Mecca . . - 
Attempts to demarcate the north eastern frontier abandoned 
Shaibi. Demarcation of the frontier 



PAGE 



63 
62 
64 
64 
64 

65 
63 
62 
64 
65 

63-64 
64 

63-64 
63 

49 



56 
55 
55 
55 
139 

5 1-52 & 
56 

ii 

140 
80, 
56 
55 



57 



56 

#15 
56 
57 
57 



( XXIV ) 



SUBJECT. 



YAFAI (t*i'ii-K), an \rab tribe near Aden cotttd. \ 

Shaibt Shaikh's agreement for the protection of boundary pillars. His 1 

Htipettd ',57 & 154 

Sultm Kiihtan, the present chief of . . . . , <jo 

Tn.MtU'8 of pcac<; and friendHhip with the different sections of the '56 & 142- 

153 
Yi MliN, in Ar,tt>ia 

iia.i I inaiu^H H\vay establihe<l on the cxpuMon of the Turks from 
"L adininiHtraticm eHU!)liHhcd in - 



99-100 
99 



100 



189 
190 



198-199 



an Anil* tribe near Aden 
Aden roadn to in* protet ted by the Thief of the 
Chief H engagfiurnt of peace and friendship 

Si 



near Aden - 
Hhutkh r H enguge.ment of peace and friendrthip 

Sec fink &ikt, 



on tin* Somali Coant- 

Accounted ' * ...... 

Hah talanri ceded to the British t>y the Governor of -- . 

BrittHh merchant shipping granted the privilege* of trade at 

Hritirth Hubjectn to be protected at* ... 

BritiMh trade to b * cnunir.i^ d by the Governor of 

< Commercial treaty with the Governor of 

Uuty payatile by Britmh tratlerw at - - * 

I'<r'jjin reliitionn not to b k enteretl into by the Chief of -- 

]urndirtim ,tt -. (}uention reUtniK to - . 

S,tn.w Ilium'.* H/er.nntv n'ror.nwed by th- C^hief of ---- , 

Ttirkish HVv,ivertUbh^h*'i t>ver - . . . . 



stMUnn .t' . re<r^anmHl bvHir (fi-r.ild Portd . t 
At - -tr.uisf erred to the am truIoC the Secretary of Statis lor 



ripmmi /Ji*- * * * " / 

AUbin SiU(l > n(S.uyiti)KiuT.4KMi<m to the Sultanate of 

Ruikruj>t*y of citwMMiol the Uamwatiti Kepubhein 

(S u\ jl) r^belUou a^iittrtt the Sultan of - - 



Arrnngc 



I 

APP.VIKI 



xwiciMtfH* ol the KjiHt ACrk,,ui (Nmnt Hiw by an AKlo-<;Tmirt ilet 
Bmnen CoiwuUv Agency to be enUblmhed in 



Bremrn <Utn*nir(i vium'ta t(* bctwHiHted in port <if - * 
Bremen wwwh granteii this privilege* <*f trade in portK of - - 

British cruwtTH <'mjm r. d io Ni*iw - venHelK engaged in Hlav*-- trade. 
Brittah l^iHt \tru a Coiup.my {Tuiiirrul). ('tmcwwnww made t< the by 

Brltiih^lliitt^Afrtcar^ittpany w*tlniuih tlJc adminmtration of Witu and 
th* late, German protectorate . . . ?**. *< 

Britteh protectorate etal>lm!ied <*vcr the dominions of the Sultan oJ 
. fsxwptlng tho south of the river t Juiba , . . 

Ilntwh twbjectH prohibitecl from poHHoHHing or acquiring iHjtvefj in - 

<4umlnR' (I^mi) arbitrtd awar<i accepted by th Sultan of - -- * 

' l-ord) arbitral award in the depute between Maakat and --- 



231 

236 

240 



XXV ) 



SUBJECT. 


PAGB. 


NZXBAK contd. 
Commercial treaties concluded by the Rulers of Maskat and with 
foreign powers ......... 
Commission (International) appointed for the delimitation of the actual 
dominions of the Sultan of ...... 
Concessions for the suppression of slave-trade by the Sultan of 
Concessions made by the Sultan of to the English aud Germans , 
Consul-General resident at .,,.... 
Court of Appeal for Eastern Africa ....,. 
Cuatoma duty payable by vessels of the Hauscatic Kepubhc trading in 
ports of the Sultan of 

Disputes of citizens of the Hanseatic Republic in -.- Arrangement 
for the acttlement ol . . , 

Domestic slaves* Arrangement with the Sultan in regard to . 
Duty payable by venueta ol the Hauaeuhc Kepubhc m 

Katatcs of Ilanscatic citisjena in Dwposal of - 

Kxtent of the dommionB of the Sultan ot 
French adhcHJou to the first An^lo-German agreement concerning- 
Krore'tt (Sir Bar tie) deputation a Special Envoy to 
German and English npherua of mlhumce m the dominions of the Suitan 
of ^~. Demarcation of 
German interests cwtabhrthed in the dominions of the Sult.in of - - 
Germans, I'ObseHhioiiH of the SulUm of - south of the river Umbu, 
purchased by the .,.... 
Germanw and nativcn. HoHtilitien between- on the CSertnan ConcvHuiou 
Germany and ** Concluttiou of a comiucrcial treaty between 
Great Britain and ~~~~, Conclusion of a commercial treaty betweuu 
In 1886 * 


*M 

Atp. 
VJL1I 

A r 

241 

A?" 

233 

33* 


Hamburg Consnlat Agency to be established in , 
Hamburg tUfcjtrcssed vessels to be as$isted in port of , 
Hamburg veaaola granted privileges o trade iu port of ~ 4 

Hainid bin Tluwaini recognised as Sultan of 9 

HiitiMeatic citi^enH amenable to the lawH of -^ ' 


%I 


Hanseatic cPtizenn granted the privileges of trade in the dominion* of the 


^Tii 


Hanseatic citizens permitted to possess landed property in . 
Hamuatic citizen**' pecuniary liability in % Arrangement for tho 


Api>, 


Hanncatic Connular Agency permitted to be cKtablinhed in . 
Hauneatic Kepublic'B dmtrewfcjed vtHtln t-x< mpt from the payiueut of dut; 


VI II 
^lll 


Indian community resident in -..*,. 
Jurisdiction of the Uritinh Court -..,,.. 

Khalid (Haiyitl) appfunt*<I to the ChteNhip of -~. , 
Khalifa's (Saiyul)HUcceHHion to tht* Sultanate ot 
Liberated IavH to be protected by the Sultan of .- * , 


234 tuid 
a,V> 

240 



XXVI ) 



SUBJECT. 



ZANZIBAR -COWCW. 



. 

Lubeck Consular Agency to be established in * 
Lnbeck distressed vessels to be assisted in ports of -~ 
Lubeck vessels granted the privileges of trade in ports of 



PAGE, 



App. 

vin 

App. 
VIII 
App. 

vni 

Majid'a (Saiyid) succession to the Chiefohip of , 

Maskat Arabs obtain a footing in 

Maskat subsidy. Sultan's protegt against payment of the 

Maskat'tf dispute with , Causo of 229 

Mathews ^General JLloyd) appointed Prime Minister to the Sultan 
of "- ,****' 
Minority arr*inji mentti in ,....** 

Port.il (Sir Ger.Ud). Administration of reorganised by . 

Portuguese conquest of tin- inland of 

Proclamation by the Sultan of forbidding the arrival and fitting out 

of slave caravaiiH .........* 244 

Proclamation of the Sultan for tin* mipprtmon of inland slave-trade 

Kuikcs f General) Commandant of the police 

Ratification of HUve.trade treaty with the Sultan of - . 

Kogers (Mr, A. S.), the Fiwt MmiHter of the - Govmum'ttt . . -& JtS - B ,jf 

Saiyid Ah'w HiicccHHion iw Sultan of ...... ,235 

Saiyid Ah'H visit to Ivn^luui in attend Kng Jvlward'H coronation , 3$$ 
Saiyid Eiamid bin Muhainiu.ul n'oogniifd im Sultan oi - - . 335 
aiyid Hamid bin Muh.uniiud (Sultan) gninU-it the ordvr of the tlrww of 

St. Michael and St. <J<orgi * . - * * * | a,U 
Slave markctH to be cIoH*l in *. 240 
Slaves. Le^al status of Hlavi-ry aboliMluMl * . . * * ) 23 ? 
Subsidy. Govt'rnmtnit <*{ tmliu p.iy th* to th<* Sultan of Mmtkat * a <o 
Subsidy to be paid to Mwkat by tht* Sitlttn of - . * . . ' 237 
SucceHttion. Ki^ht of to tlwi Sulun.itw ot - tl.imioil by KUalcd 

bin BargjiHh and Abdul A/.ir* : 2.15 

Sapplcmcntiry treaty with the Sultan for the Buppnwiion of the 

slave-trade * . . * * * * 241 

Taxes. Import dutyabolinhett, Taxation i{ipiieri ton'j'iHtntUon and - 

liqnor Hccraufi. Import duty rewtroduced . . * * ' 2^ 

Thawaini'H (Saiyid ) claim to ^jo 

Trade monopoly to be prohibited by the Sultiu of ~ . . . Ajp. 

Treaties concluded with ForH|<n Powem by the Suit. in of ~- , , a^i '*,p 
Treaty for the 8uppr<jaion of nlavu^tnule ctmdudtHl with the Sultan 

of__~. *.,,*...* .l f . 
VcB^ela engaged in 

ZHAU, near Aden.