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‘File 7/1 I Kuwait Order-in-Council (Jurisdiction Over Foreigners)’ [19v] (38/394)
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.
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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 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
An office of the East India Company and, later, of the British Raj, headed by an agent.
, 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.
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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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)’ [19v] (38/394), British Library: India Office Records and Private Papers, IOR/R/15/5/293, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100033395678.0x000027> [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