"ملف ١/٧ I المرسوم الملكي البريطاني للكويت (السلطة القضائية على الأجانب)" [ظ‎‎٨‎٧] (٣٩٤/١٧٤)

10
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Treaty between His Majesty, hia predecessors, heirs, or successor^
and the Shaikh, for the time being in force, and applicable to such
person, in respect of the violation whereof any penalty is stipu
lated for in the Treaty he shall be deemed guilty of an offence, and
on conviction thereof under this Order shall be liable to a penalty
in accordance with the stipulations, of the Treaty or the provisions
of this Order.
32. The Foreign Jurisdiction Neutrality Order in Council,
1904, shall apply to all persons- and to all property subject to this
Order.
33 . Where a person entitled to appeal to the Chief Court
from any judgment or order passed in the exercise of criminal
jurisdiction under this Order desires so to appeal, he shall present
his petition of appeal to the Court which passed the judgment or
order ; and the petition shall with all practicable speed be trans
mitted to the Chief Court with certified copies of the charge (if
any) and proceedings, of all documentary evidence submitted or
tendered, of the depositions, of the notes of the oral testimony,
and of the judgment or order, and any argument on the petition
of appeal that the appellant desires to submit to the Chief Court.
34. The Court against whose judgment dr order the appeal
is preferred may postpone the execution of the sentence pending
the appeal, and shall, if necessary, commit the person convicted
to prison for safe custody, or detain him in prison for safe
custody, or shall admit him to bail, and may take security, by re
cognisance, deposit of money, or otherwise, for his payment of any
fine.
Part IV.— Civil Matters.
35 . —( 1 ) Subject to the other provisions of this Order, the Code
of Civil Procedure and the other Indian enactments relating to
the administration of civil justice and to insolvency and bank
ruptcy, shall have effect as if Ivuwait were a district in the Presi
dency of Bombay. The Political Agent shall be deemed to be the
District Judge, and his Court shall be deemed to be the District or
Principal Civil Court of Original Jurisdiction in the district; the
Judicial Assistant to the Political Resident shall be deemed i o bs an
additional District Judge, and his Court shall be an additional
District Court of Original Civil Jurisdiction ; the Court of the Politi
cal Resident shall be deemed to be the highest Civil Court of
Appeal for the district, and the Court authorised to hear appeals
from the decisions of the District Court ) and the powers, both of
the Governor-General in Council and the Local Government under
thos^ enactments, shall be exercisable by the Secretary of State,
or, with his previous or subsequent assent, by the Governor-Gene-
al of India in Council,
r
( 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 elsewhere.
3G. 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
oe instituted in accordance with the Code of Civil Procedure and
the Indian enactments made applicable to Kuwait, or in accord
ance 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 Procedure and
other enactments made applicable to Kuwait, the District Court
shall forthwith proceed to decide the suit in accordance with the
[)ro visions of such enactments, as far as local conditions-permit.
Nothing in this section shall prevent the District Court from
referring any matter in the progress of a suit which involves a
point of Muhammadan law to a Qazi for decision, or from sending
any party or witness, being a Muhammadan, to a Qazi for the
administration of an oath ; or from referring any matter in the
progress of a suit between partiesbelongingto the same community
which, in the discretion of the Ceurt, is a fit and proper subject