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‘File 7/1 I Kuwait Order-in-Council (Jurisdiction Over Foreigners)’ [22v] (44/394)
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.
Pakt VII. —Miscellaneous Provisions. •
08. Subject to the control of the Secretary of State,
the Political Besident may, from time to time, with the
previous sanction of the Governor-General of India in
'Council, makes rules of procedure and other rules, consistent
with this Order, for the better execution of the provisions
herein contained in respect of any matter arising' in the course
of any civil or criminal case, including insolvency and
bankruptcy proceedings.
89.—(1) Subject to the control of the Secretary of State
acting with the concurrence of the Treasury, the Political
Besident may from time to time, with the previous sanction
of the Governor-General of India in Council, make rules im
posing fees leviable in respect of any proceedings in, or
processes issued out of, any Court established under this
'Order.
(2) But a Court before which any matter is pending
may, in any case, if it thinks fit, on account of the poverty
of a party, or for any other reason, dispense in whole or in
part with the payment of any fees chargeable in respect of
such matter.
TO.—(I) 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 en
forced 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 exceeding one month, but such
imprisonment shall not operate as a satisfaction or extin
guishment of the liability.
(2) Any bill of sale or mortgage, or tranfser of property
made with 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 Ihis
Order, on a person to whom this Order applies, shall lie 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 tlie previous or subsequent assent of the Secretary of
State, as 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
Besident otherwise directs, continue and complete the hear
ing 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.
T2.—(1) If an Officer of the Court, employed to execute
a decree or order, loses, by neglect or omission, the oppor
tunity 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 bv
the person complaining, or part thereof.
(2) The order may be enforced as an order directing
payment of money.
73.—(1) If a Clerk or Officer of the Court, acting under
pretence 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 exceed
ing 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, without 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, may be stayed by the Court in such
manner and on such terms as the Court thinks fit.
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)’ [22v] (44/394), British Library: India Office Records and Private Papers, IOR/R/15/5/293, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100033395678.0x00002d> [accessed 30 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