‘File 7/1 I Kuwait Order-in-Council (Jurisdiction Over Foreigners)’ [‎91r] (181/394)

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70. —( 1 ) All fees, charges, expenses, costs, fines, damages*
and other money payable under this Order, or under any law made
applicable by this Order, may be enforced under order of the
Court by seizure and sale of goods and in default of sufficient
goods, by imprisonment as a civil prisoner for a term not exceed
ing one month, but such imprisonment shall not operate as a
satisfaction or extinguishment of the liability.
. An y kffi of sale or mortage, or transfer of property made
wit}] a view of avoiding such seizure or sale, shall not be effectual
to defeat the provisions of this Order.
(3) All fees, penalties, fines, and forfeitures levied under this
Order upon a British subject, and fees, other than actual Court fees
that may be levied under the provisions of this Order, on a person
to whom this Order applies, shall be paid to the public account,
and shall be applied in such manner as the Secretary of State, with
the consent of the Treasury, or, with the previous or subsequent
assent of the Secretary of State, the Governor-General of India in
Council, may direct.
71. Whenever an Acting 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. or Acting Judicial
Assistant has commenced the hearing of any cause or matter, civil
or criminal, he may, unless 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. otherwise directs,
continue and complete the hearing and determination thereof,
notwithstanding that his authority to act as 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. or
Judicial Assistant has otherwise ceased by reason of the expiration
of the time for which he was appointed to act or by reason of the
happening of any event by which his authority is determined.
72. —( 1 ) If an Officer of the Court, employed to execute a
decree or order, loses, by neglect or omission, the opportunitv
of executing it, then, on complaint of the person aggrieved and
proof of the fact alleged, the Court may, if it thinks fit, order the
Officer to pay the damages sustained by the person complaining or
part thereof.
(2) The order may be enforced as an order directing payment
of money.
^ a or Officer of the Court, acting under pre
tence of the process or authority of the Court, is charged with
extortion, or with not paying over money duly levied, or with other
misconduct, the Court may, if it thinks fit, enquire into the charge
in a summary way, and may for that purpose summon and enforce
the attendance of all necessary persons as in a suit, and may make
such order for the repayment of any money extorted, or for the
payment over of any money levied, and for payment of such damages
and costs as the Court thinks fit.
( 2 ) The Court may also, if it thinks fit, on the same enquiry
impose on the Clerk or Officer such fine, not exceeding 50 rupees Indian silver coin also widely used in the Persian Gulf.
for each offence, as the Court thinks fit.
(3) A Clerk or Officer punished under this article shall not, with
out the leave of the Court, be liable to a civil suit in respect of
the same matter ; and any such suit, if already or afterwards begun
ma - v he stayed by the Court in such manner and on such terms
as the Court thinks fit.
(4) Nothing in this article shall be deemed to prevent any
person from being prosecuted under any other British or British
Indian law for any act or omission punishable under this article or
from being liable under that other law to any other or higher
punishment or penalty than that provided by this article :
Provided that no person shall be punished twice for the same
offence.
. 74. 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. or 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. may exercise
any power conferred on any Justices of the Peace within His
Majesty s Dominions by any Act of Parliament, for the time being
in orce, regulating merchant seamen or the mercantile marine.
/ 0 . VV here under the Merchant Shipping Act, 1894, anythim
is authorised to be done by, to, or before a Consular Officer, such
tnmg may be done in any place in Kuwait by, to, or before 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. or 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. .