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‘File 7/1 I Kuwait Order-in-Council (Jurisdiction Over Foreigners)’ [16v] (32/394)
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.
—
7
4
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
The name given to each of the three divisions of the territory of the East India Company, and later the British Raj, on the Indian subcontinent.
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
The historical term used to describe the body of water between the Arabian Peninsula and Iran.
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
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.
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.
rs
*
4
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)’ [16v] (32/394), British Library: India Office Records and Private Papers, IOR/R/15/5/293, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100033395678.0x000021> [accessed 18 January 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