"ملف ١/٧ I المرسوم الملكي البريطاني للكويت (السلطة القضائية على الأجانب)" [ظ‎‎١‎٦] (٣٩٤/٣٢)

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10. Every judge and officer of the Courts established
under this Order shall, as far as there is proper opportunity,
promote reconciliation and encourage and facilitate the settle
ment in an amicable way, and without recourse to litigation,
of matters in difference between persons subject to this Order,
or between persons subject to this Order and persons who are
not subject to this Order, within the limits of this Order.
Part II.—Aimujcation of Law of British India an*)
of the United Kingdom.
11. —(1) Subject to the other provisions of this Order,
and to any Treaties for the time being in force relating to
Kuwait, His Majesty’s criminal and civil jurisdiction in
Kuwait shall, so far as circumstances admit, be exercised on
the principles of, and in conformity with, the enactments for
the time being applicable as hereinafter mentioned of the
Governor-General of India in Council, and of the Governor
of Bombay in Council, and in accordance with the powers
vested in, and the course of procedure and practice observed
by and before the Courts in the Presidency of Bombay beyond
file limits of Hie ordinary original jurisdiction of the High
< ourt of .Judicature at Bombay, according to their respective
jurisdiction and authority, and so far as such enactments,
powers, procedure, and practice are inapplicabie, shall be
exercised in accordance with justice, equity, and good con
science.
(2) The enactments mentioned in the Schedule to this
< h'der shall as from the commencement of this Order apply
to all persons subject to this Order.
(3) Any other existing or future enactments of the Gov
ernor-General of India in Council, or of the Governor of
Bombay in Council, may be applied to Kuwait by King’s
Pegu la lions under Article 78 of this Order.
(4) Any Act of the Governor-General of India in Coun
cil, or of the Governor of Bombay in Council, whether passed
before or after the commencement of this Order, amending or
substituted for any Act of either of those Legislatures which
applies or may be applied to Kuwait, shall, subject to the
provisions of this Article, also apply to Kuwait.
(5) The Court may construe any enactments in force in
Kuwait, under the provisions of this Article, with such al
terations not affecting the substance, as may be necessary or
proper to adapt Ihe same to the matter before the Court."
12. The enactments described in the first Schedule to
the Foreign Jurisdiction Act, 1890, shall apply to Kuwait, as
it it were a British Colony or Possession, but subject to the
provisions of this Order, and to the exceptions, adaptations,
and modifications following, that is to say: —
0) The Political Pesideut in the Persian Gulf is here
by substituted for the Governor of a Colony or
British Possession, and the Chief Court is hereby
substituted for a Superior Court or Supreme
Court, and the District Court for a Magistrate or
.1 ustice of the Peace of a Colony or British Pos
session.
(u) For the portions of the Merchant Shipping Acts.
1854 and 18157. referred to in the said Schedule,
shall be substituted Part XIII of the Merchant
Shipping Act, 1894.
(iii) In section 51 of the Conveyancing (Scotland) Act.
1874. the Court of the Political Agent is substi
tuted for a Court of Probate in a Colony.
Gv) With respect to the Fugitive Offenders Act, 1881:
( a ) ko much of the 4th and 5th sections of the
said Act as relates to sending a report of the is
sue of a warrant, together with the information
or a copy thereof, or to the sending of a certi
ficate of committal and report of a ca^e, or to the
information to lie given by a Magistrate to a
fugitive, shall lie expected, and in lieu of such
information the person acting as the Magistrate
shall inform the fugitive than in the British Pos
session or Protectorate to which he may be con
veyed he has the right to apply for a writ of
habeas corpus or other like process.
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