"ملف ١/٧ I المرسوم الملكي البريطاني للكويت (السلطة القضائية على الأجانب)" [ظ‎‎١‎٩] (٣٩٤/٣٨)

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the Political Resident shall he deemed to he an additional
District .fudge, and his Court shall he an additional District
Court of Original Civil Jurisdiction: the Court of the Political
Resident shall be deemed .to he the highest Civil Court of
Appeal for the district, and the Court authorised to hear ap
peals from the decisions of the District Court: and the powers,
both of the Governor-General in Council and the Local Gov
ernment under those enactments, shall be exercisable by the
Secretary of State, or, with his previous or subsequent assent,
by the Governor-General of India in Council.
(2) Any jurisdiction exercisable by the Chief Court under
this Order in civil matters may be exercised by the Judge of
that Court, either within the limits of this Order or else
where.
.'16. When a suit between persons to whom this Order
applies is filed in the Political Agency, the Political Agent
shall enquire from the several parties whether they desire
that proceedings shall be instituted in accordance with the
Code of Civil Procedure and the Indian enactments made ap
plicable to Kuwait, or in accordance with local usage, and
shall record their replies.
37. When any of the several parties desire that the suit
shall be determined in accordance with the Code of Civil Pro
cedure and other enactments made applicable to Kuwait, the
District Court shall forthwith proceed to decide the suit in ac
cordance wth the provisions of such enactments, as far a*«
local conditions permit.
Nothing in this section shall prevent the District Court
from referring any matter in the progress of a suit which in
volves a point of Mohammedan law to a tjazi for decision,
or from sending any party or witness, being a Mohammedan,
to a Qazi for the administration of an oath ; or from referring
any matter in the progress of a suit between parties belonging
to the same community which, in the discretion of the Court,
is a fit and proper subject for the decision of the local leaders
of that community, to a punch or jama’at of the leaders of
such community; or, in commercial cases, from referring any
matter in the progress of a suit which, in the discretion of the
Court, is a fit and proper subject for the decision of the prin
cipal local merchants t oa majlis or jama’at of Such merchants.
38. —(1) The Foreign Jurisdiction (Admiralty) Order in
Council, 1910, shall apply to Kuwait, and the Chief Court
shall have the jurisdiction conferred by Article 4 of that
Order, and the District Court shall be deemed to be a Provin
cial Court, and the Registry thereof a District Registry within
the meaning of the said Order.
(2) Admiralty actions commenced in the said Registry
shall be tried in the District Court, unless the Chief Court is
at the time sitting within the limits of this Order, or unless all
parties agree that the action shall be tried in the Chief Court
sitting elsewhere than within the limits of this Order.
(•3) The duties of the Registrar and of the Marshal, either
of the Chief Court or of the District Court, under the said
Order shall be performed by such Officers as the Political
Resident shall direct.
(4) Nothing in this Order shall prevent the Political
Agent from exercising all such jurisdiction in matters arising
out of the Slave Trade as is conferred on him under the Slave
Trade (East African Courts) Acts. 1873 and 1879.
39. -—(1) The District Court shall endeavour to obtain,
as parly as may lie, notice of the deaths of all British sub
jects leaving property in any place within the jurisdiction of
the Court as prescribed by this Order, and all such informa
tion as may serve to guide the Court with respect to the secur
ing and administration of their property.
(2) On receiving notice of the death of such a person the
Court 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 the Court that probate or ad
ministration will not be applied for or cannot be granted, for
such time as it thinks fit.
(3) The Court shall, where the circumstances of the case
appear sc- to require, as soon as may be, take possession of
the property left by the deceased in any place within the
jurisdiction of the Court as prescribed by this Order, or put
it under its seal (in either case, if the nature of the property
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