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‘File 7/1 I Kuwait Order-in-Council (Jurisdiction Over Foreigners)’ [88r] (175/394)
The record is made up of 1 file (195 folios). It was created in 23 Feb 1919-15 Aug 1927. It was written in English and Arabic. The original is part of the British Library: India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. Records and Private Papers Documents collected in a private capacity. .
Transcription
This transcription is created automatically. It may contain errors.
11
lijr the de ision of the ]oc« r il leaders of that ccirmrnity, to a
punch or jama’at of the leaders of such eon mrnity ; or, in am*
mercial cas .s, from referring any matter in the progress e f a
suit which, in the discretion of the Court, is a fit and proper sub
ject for the decision of the principal local merchants to a majlis
or jama’at of such merchants.
38. —(1) The Fen-eign Jurisdiction (Admiralty) Order in
Council, 1910, saall apply to Kuwait, and the Chief Court shall
have the jur.’sfiction conferred by Article 4 of that Order, and the
District Court shall be deemed to be a Provincial Court, and the
Registry thereof a District Registry within the meaning of the said
Order.
(2) Admiralty actions commenced in the said Registry shall
Jbe tried in the District Court, unless the Chief Court is at the
time sitting within the limits of this Order, or un/ess all parties
agree that the action shall be tried in the Chief Court sitting else
where 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 Dis cfc Court, under the said Order
shall be performed by such Olficeis as the
Political Resident
A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency.
shall
direct. ;
39. —( 1 ) The District Court shall endeavour to obtain, as
early as may be, notice of the deaths of all British subjects leaving
property in any place within the jurisdiction of the Court as pre
scribed bv this Order, and all such information as may sen e -to
guide the Court with respect to the securing and administraticn 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 administration 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
so 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 or other circums
tances so require, making an inventory), and so keep it until
it can be dealt 'with according to law ; perishable articles being
disposed of as the Court may consider best in the interests of
J the State.
( 4 ) All expenses incumed on behalf of the Court in so doing
shall be the first charge on the property of the deceased, and the
Court shall, by sale of part of that property, or otherwise, provide
for the discharge of these expenses.
(5) When a Brit’sh subject dies within the jurisdiction of
the Court, as prescribed by this Order, intestate, his property
or so much thereof as is within those limits, shall, until admin s-
tration is granted, vest in the
Political Agent
A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency.
.
40. If a person to whom this Order applies, who is named
executor in a will, and to the establishment of wfiose title as such
it is necessary to obtain probate of that will, takes possession
of and administers, or otherwise deals with, any part o the pro
perty of the deceased, and does not obtain probate within one
month after the death, or after the termination of any proceeding
respecting probate or administration, he shall be liable to pay
double the amount of any fees chargeable on obtaining probatr,
and he shall also be liable to a fine which may extend to 1,000
rupees
Indian silver coin also widely used in the Persian Gulf.
.
41. If any person to whom this Order applies, other than the
person named executor, or the administrator, or a person entitled
to represent the deceased without obtaining probate or letters
of administration, or an Officer of the Court, takes possession
About this item
- Content
The file is concerned with the introduction of the Kuwait Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. (1925) and the subsequent issue of supporting King‘s Regulations by the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. : The Indian Pilgrim Ships Regulation (1926) and Indian Succession Regulation (1927). It therefore contains drafts proposals and correspondence between British officials concerning proposed revisions, and the extent to which it should be based on the Orders in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. for Bahrain and Muscat.
The file also contains correspondence debating whether a separate Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. for Kuwait is required, and if so how urgent this requirement is. This debate is undertaken in the context of proposals for a single Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. for the entire Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. , and the possibility that Kuwait may come under the authority of Mesopotamia as part of the post-war settlement. The extent that Britain is able to assume authority over non-British and non-Muslim subjects (e.g. Americans and Europeans) is also discussed within the file.
The main correspondents are as follows: the Kuwait Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. (Daniel McCollum and James Carmichael More); the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. (Arthur Trevor and Francis Beville Prideaux); the High Commissioner for Iraq (Sir Percy Cox); the Foreign Department of the Government of India; and officials of the Colonial Office, the India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. , and the Foreign Office.
The Arabic content in the file consists of an exchange (see folios 113-127) between the Kuwait Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. and the Shaikh of Kuwait, Shaikh Ahmad al-Jabir as-Subah [Aḥmad al-Jābir Āl Ṣabāḥ]. This correspondence is dated 24 October and 3 November 1925; it concerns the publication of the Kuwait Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. and queries from the Shaikh as to the extent of British authority over foreigners; it includes English translations.
Draft copies of the Kuwait Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. can be found on folios 83-92, while copies of the published version can be found on folios 96-102 and 139-52. A draft of the The Indian Pilgrim Ships Regulation may be found on folios 158-59, and the final version can be found on folio 163. A copy of the final Indian Succession Regulation can be found on folio 187.
A wax seal — possibly a Foreign Office seal — is affixed to folio 136.
- Extent and format
- 1 file (195 folios)
- Arrangement
The papers within the file have been arranged chronologically from the front to the back of the file, the exceptions being enclosures which are often of an earlier date than their covering letter.
- Physical characteristics
Condition: some folios have been damaged at the edges, and in some cases this has resulted in a loss of text, particularly the Arabic content on folios 115-19. The overall legibility of the file is not affected.
Foliation: the main foliation sequence (used for referencing) commences at the front cover with 1, and terminates at the inside back cover with 197; these numbers are written in pencil, are circled, and are located in the top right corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. side of each folio. An additional foliation sequence is present sporadically between ff 12-196 as some numbers have previously been rubbed out; these numbers are also written in pencil, but are not circled.
A previous foliation sequence, which is also circled, has been superseded and therefore crossed out.
- Written in
- English and Arabic in Latin and Arabic script View the complete information for this record
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‘File 7/1 I Kuwait Order-in-Council (Jurisdiction Over Foreigners)’ [88r] (175/394), British Library: India Office Records and Private Papers, IOR/R/15/5/293, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100033395678.0x0000b0> [accessed 30 March 2025]
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Copyright: How to use this content
- Reference
- IOR/R/15/5/293
- Title
- ‘File 7/1 I Kuwait Order-in-Council (Jurisdiction Over Foreigners)’
- Pages
- front, front-i, 2r:119v, 122r:125v, 128r:182v, 184r:196v, back-i, back
- Author
- East India Company, the Board of Control, the India Office, or other British Government Department
- Usage terms
- Open Government Licence