‘File 7/1 I Kuwait Order-in-Council (Jurisdiction Over Foreigners)’ [‎89r] (177/394)

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himself that prima facie grounds for complaint exist, shall cause
the matter to be brought before and decided by the highest au
thority 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 unless notice has been
given and an opportunity afforded for the Political i^gent or Officer
appointed by him for the purpose to attend at the hearing and
final decision.
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(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,
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 complaint, and may (a) hear
and determine the suit in his District Court, or ( 6 ) with the con
sent of the several parties, may refer the case to one or more ar
bitrators 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, in writing, of the com
petent authority (if any), on behalf of his own nation, to his sub
mitting, 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 Couit, 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.
(3) A cross suit shall not be brought in the Court against
a plantiff, 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
Muslim 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 exists, shall
cause the matter to be 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 unless 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 purpose, to attend at the hearing
and final decision.
(5) The award of the Arbitrator under sub-Article 1 {b) shall
be 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 Muhammadan law to a Qazi for decision, or
from sending any party or witness, being a Muhammadan, 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 may, if it thinks fit, on the ap
plication of the British subject, stay the enforcement of the decree
or order pending that other suit, and may set off any amount decreed
or ordered to be paid by one party in one suit against any amount
decreed or ordered to be paid by the other party in the other suit.
( 2 ) Where a plaintiff, being a person to whom this Order does
not apply, obtains a decree or order, in a Court established under this
Order, against twT> or more defendants being British subjects, jointly,
and in another suit one of them is a plaintiff and the Kuwait subject