‘File 7/1 I Kuwait Order-in-Council (Jurisdiction Over Foreigners)’ [‎20v] (40/394)

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JK* 1 ! '71
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(2) Provided that the Kuwait subject or person not sub
ject to this Order, if so required by the Court, first obtains
and tiles in the proper Office of the Court the consent, in
writing, of the competent authority (if any) on behalf of his
own nation to his submitting, and that he does submit by
writing, to the jurisdiction of the Court, and, if required by
the Court, gives security to the satisfaction of the Court, and
to such reasonable amount as the Court thinks fit, by deposit
or otherwise, to pay fees, costs, and damages, and abide by
and perform the decision to be given by the Court or on
appeal.
(d) A cross suit shall not be brought in the Court against
the plaintiff, being a person not subject to this Order.
(4) When a person to whom this Order applies desires to
institute a complaint against a person not subject to the said
Order, who is a subject either of the Shaikh or of some other
non-Christian power not represented by a Consular Official in
Kuwait, 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 entertain the same, and,
after satisfying himself that prima facie grounds for complaint
exist, shall cause the matter to he brought before and decided
by the highest authority of the Shaikh, or some person specially
delegated by him for the purpose. The proceedings and final
decision in a case shall not, however, be considered legal un
less notice has been given and an opportunity afforded for
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. or Officer appointed by him for the pur
pose to attend at the hearing and final decision.
(b) Civil.
45. —(1) When any person not subject to this Order
desires to bring a suit against a person to whom the said Order
applies, tlie 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 admit the complaint, and
may {a) hear and determine the suit in his District Court, or
(b) with the consent of the several parties, may refer the case
to one or more arbitrators for settlement:
(2) Provided that the Kuwait subject or person not subject
to this Order, if required by the Court, first obtains and files
in the proper Office of the Court the consent, iu writing, of
the competent authority (if any), on behalf of his own nation,
to his submitting, and that be does submit, by writing, to fhe
jurisdiction of the Court, and, if required by the Court, gives
security to the satisfaction of the Court, and to such reasonable
amount as the Court thinks fit, by deposit or otherwise, to pay
fees, costs, and damages, and abide by and perform the deci
sion to be given by the Court or on appeal.
(3) A cross suit shall not he brought in the Court against
a plaintiff, being a person not subject to this Order.
(4) When a person to whom this Order applies desires to
institute a suit against a person not subject to the said Order,
who is a subject either of the Shaikh or of some other non-
Christian Power not represented by British Officials in
Kuwait, 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 admit the same, and after
satisfying himself that prima facie grounds for bringing a
suit exist, shall cause the matter to be brought before and
decided by the highest authority of the Shaikh, or some per
son specially delegated by him for the purpose. The pro-
ceedings and final decision in a case shall not, however, lie
■considered legal unless notice has been given and an oppor
tunity afforded for 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. , or Officer appointed
by him for the purpose, to attend at the hearing and final
decision.
(5) The award of the Arbitrator under sub-article 1 (b)
shall he final, and shall not be open to appeal unless the same
shall within a reasonable time have been ordered by 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. to be set aside on the ground that it is not
final, or is defective, or that the Arbitrator has exceeded his
authority, or has been guilty of misconduct in the matter.
(6) Nothing herein mentioned shall prevent the District
Court from referring any matter in the progress of a suit
which involves a point of Mohammedan law to a Qazi for
decision, or from sending any party or witness, being a Moham
medan, to a Qazi for the administration of an oath.
46. —(1) Where a person to whom this Order does not
apply obtains, in a Court established under this Order, a
decree or order against a defendant being a British subject,
and in another suit that defendant is plaintiff and the person
to whom this Order does not apply is defendant, the Court
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