The Life of Yakoob Beg; Athalik Ghazi, and Badaulet; Ameer of Kashgar

by Demetrius Charles Boulger

RULES FOR THE GUIDANCE OF THE JOINT COMMISSIONERS APPOINTED FOR THE NEW ROUTE TO EASTERN TURKESTAN.

1. As it is impossible, owing to the character of the climate, to retain the Commissioners throughout the year, the period during which they shall exercise their authority shall be taken to commence on 15th May, and to end on 1st December.

2. During the absence of either Commissioner, cases may be heard and decided by the other Commissioner, subject to appeal to the Joint Commissioners.

3. In the months when the Joint Commissioners are absent, i.e. between 1st December and 15th May, all cases which may arise shall be decided by the Wuzeer of Ladakh, subject to appeal to the Joint Commissioners.

4. The Joint Commissioners shall not interfere in cases other than those which affect the development, freedom, and safety of the trade, and the objects for which the Treaty is concluded, and in which one of the parties, or both, are either British subjects, or subjects of a foreign state.

5. In civil disputes the Commissioners shall have power to dispose of all cases, whatever be the value of the property in litigation.

6. When the Commissioners agree, their decision shall be final in all cases. When they are unable to agree, the parties shall have the right of nominating a single arbitrator, and shall bind themselves in writing to abide by his award. Should the parties not be able to agree upon a single arbitrator, each party shall name one, and the two Commissioners shall name a third, and the decision of the majority of the arbitrators shall be final.

7. In criminal cases the powers of the Commissioners shall be limited to offences such as in British territory would be tried by a subordinate Magistrate of the First Class, and as far as possible the procedure of the Criminal Procedure Code shall be followed. Cases of a more heinous kind should be made over to the Maharaja for trial, if the accused be not a European British subject; in the latter case he should be forwarded to the nearest British Court of competent jurisdiction for trial.

8. All fines levied in criminal cases, and all stamp receipts levied according to the rates in force for civil suits in the Maharaja's dominions, shall be credited to the Cashmere Treasury. Persons sentenced to imprisonment shall, if British subjects, be sent to the nearest British jail. If not British subjects, offenders shall be made over for imprisonment in the Maharaja's jails.