"الملف 14/115 VII الملحق (B 9) أكسيد جزيرة أبو موسى: مواد خلفية حول هذه القضية" [ظ‎‎١‎٦‎٧] (١٩٠٤/٣٤٥)

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would of course be as responsible for his share of
the second as of the first. Sheikh Sagar, having
assigned the revenue from this source to Salim,
naturally, on becoming a partner in the syndicate,
had to pay his proportion of it to him ; but it is
impossible to conclude from that fact that " Salim
had a right to the enjoyment in his own name
of all sources of profit to be derived from Abu
Musa, and that he could exercise this right even
as against the ruling sheikh." He had the right
because it had been granted to him by the ruling
sheikh, and when the ruling sheikh became a
partner in a syndicate which "was under contract
to pay rent, which rent had been granted to
Salim, he was of course bound, in bis capacity as
such partner, to pay to Salim his proportion of
such rent. Even if the rent had been payable
to himself, his share of it would of course have
been debited to him ia the partnership books.
The object of the insertion of the clause in
question was no doubt to make it clear that the
liabilities of the other partners were proportionately
reduced.
The German Government also rely on the fact
that on the 26th December, 1898, Salim granted
a lease of the mica deposits on the island. The
fact is not disputed ; it is clear that the lease was
granted after Sheikh Sagar had relinquished to
Salim the revenue of the island, and it appears
from Sagar's statement (Appendix 5) that £>alim
consulted him about it, and that in pursuance of
his declared policy he allowed Salim to keep any
payments made on account of the mica as part of
the revenue derived from the island. Saear
' . O-
would no doubt welcome any arrangements which
would increase Salim's income and prevent his
making applications for money. Little attention
has been paid to this transaction, because it was soon
discovered that no mica existed on the island, and
the concession accordingly became a dead letter.
When Sagar wrote his letter of the 22nd February,
1908, he had no doubt, as he states (Appendix 5),
forgotten all about this concession, granted ten
years before, and long since abandoned.
The draft memorandum of association sent by
Abdul Latif to Hassan Samieh on the 6th January,
1899, will be considered later.
The fact that Salim stipulated in the mica lease
that only keshkesliuh trees should be cut is no
evidence of his ownership. He was admittedly
in occupation of the island, and was therefore
I
p, 10.
pp. 10, 37,
i3
b IL-
§