‘File 7/1 I Kuwait Order-in-Council (Jurisdiction Over Foreigners)’ [‎89v] (178/394)

is defendant, the Court may*if it thinks fit, on the application of the
British subjects, 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, without prejudice to
the right of the British subject to obtain contribution from his co
defendants under the joint liability.
(3) Where in a suit a person to whom this Order does not apply
is co-plaintiff with a British subject, uho is in Kuwait, it shall not be
necessary for the Kuwait subject to give security under this article
as regards fees and costs, unless the Court so directs, but the co-plain-
tiff British subject shall be responsible for all fees and costs.
47 , —(l) Every agreement for reference to arbitration between
a person to whom this Order applies on the one hand, and a person not
subject to the said Order on the other hand, may, on the application
of any party, be filed for execution in the Office of the Court.
(2) The Court shall thereupon have authority to enforce Ihe
agreement, and the award made thereunder, and to control and re
gulate the proceedings before and after the award in such manner
and on such terms as the Court may think fit, in concert with the
Shaikh or his representative.
(c) General.
48, ( 1 ) Where it is proved that the attendance of a person
to whom this Order applies, to give evidence, or for any other purpose
connected with the administration of justice, is required before a Ku
wait Tribunal, a Court established under this Order may, if it thinks
fit, in a case and in circumstances in which the Court would require
the attendance of that person before the Court, order that he do
attend as required.
( 2 ) If the person ordered to attend, having reasonable notice
of the time and place at which he is required to attend, fails to attend
accordingly, and does not excuse his failure to the satisfaction of the
Court, he shall, independently of any other liability, be liable to be
punished with imprisonment for a term which may extend to two
months, or with a fine which may extend to 1,000 rupees Indian silver coin also widely used in the Persian Gulf. , or with
both. . .
49 . When a person to whom this Order applies invokes or sub
mits to the jurisdiction of a Kuwait Tribunal, and engages in writ
ing to abide by the decision of that Tribunal, or to pay any fees or
expenses ordered by that Tribunal to be paid by him, the Court
may, on such evidence ai it thinks fit to require, enforce payment
of such fees and expenses in the same manner as if they were fees
payable in a proceeding in the Court, and shall pay over and account
for the same, when levied, to the proper Kuwait authority, as the
Court may direct.
50. ( 1 ) If a person to whom this Order applies wilfully gives
false evidence in a proceeding before a Kuwait Tribunal, or in an
arbitration between a person to whom this Order applies, on the
one hand, and a person to whom this Order does not apply on the
other hand, he shall be guilty of an offence, and shall, on conviction,
be liable to be punished with imprisonment for a term which may
extend to two months or with a fine which may extend to 1,000
rupees Indian silver coin also widely used in the Persian Gulf. , or with both.
(2) Nothing in this article shall exempt a person from liability
under any other British Indian law to any other or higher punish
ment or penalty :
Provided that no person shall be punished twice for the same
offence.
Part VI.— Registration.
51. A register of British subjects shall be kept in the Political
Agency An office of the East India Company and, later, of the British Raj, headed by an agent. .
52, Every British subject resident within the limits of this
Order shall, in the month of January of each year, be registered
t
/
A
<