‘File 7/1 I Kuwait Order-in-Council (Jurisdiction Over Foreigners)’ [‎99v] (198/394)

filial! 1)6 pufiished ititli a fine, which may extend
to 1,000 rupees Indian silver coin also widely used in the Persian Gulf. .
42. — ( 1 ) When the peculiar circumstances
of the case appear to the Distriet Court so to
require, for reasons recorded in its proceedings,
the Court may, if it thinks fit, of its own motion
or otherwise, grant letters of administration to
an Officer of the Court.
(2) The Officer so appointed shall act under
the direction of the Court, and shall be indem
nified thereby.
(3) He shall publish such notices, if any, as
the Court thinks fit, in Kuwait, the Persian
Coast and Islands, Bombay, the United
Kingdom, and elsewhere.
(4) The Court shall require and compel him
to file in the proper Office of the Court his
accounts of his administration, at intervals not
exceeding three months, and shall forthwith
examine them and report thereon to the Chief
Court.
(5) The accounts shall be audited under the
direction of the District Court.
( 6 ) All expenses incurred on behalf of the
Court in execution of this article shall be the
first charge on the estate of the deceased as
dealt with in accordance with the provisions of
this Order ; and the Court shall, by the sale of
that estate or otherwise, provide for the discharge
of those expenses.
43. In cases where parties are Muhammadans
the District Court may refer any question con
cerning probate of wills or administration of
property of deceased persons to whom this Order
applies to a Qazi for settlement under the
general supervision of the Court.
Part V.—Kuwait and Foreign Subjects and
Tribunals.
(a) Criminal.
44. —(1) When any person not subject to
this Order desires to institute a complaint 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 entertain the same, and
shall (a) himself hear and determine it in his
District Court, or (&) if both parties are
Muhammadans, refer it, with their consent, to
a Qazi for decision, sending a representative of
the Agency An office of the East India Company and, later, of the British Raj, headed by an agent. to record briefly the proceedings.
Such decision, when endorsed by the Political
Agent, shall for all purposes be considered as
if it were that of the District Court.
( 2 ) Provided that the Kuwait subject or
person not subject to this Order, if so required
by the Court, first obtains and files in the
proper Office of the Court the consent, in writ
ing, of the competent authority (if any) on
behalf of his own nation to his submitting, and
that he does submit by writing, to the jurisdic
tion 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.
(3) 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
Muslim 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 him
self that prima facie grounds for complaint
exist, shall cause the matter to be brought
before and decided by the highest authority
of the Shaikh, or some person specially dele
gated 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 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, 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 consent of the
several parties, may refer the case to one or
more arbitrators for settlement :
(2) Provided that the Kuwait subject or per
son 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 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.
(3) A cross suit shall not be 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
Muslim Power not represented by British offi
cials 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 person specially dele
gated by him for the purpose. The proceed
ings 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 reason
able time have been ordered by the Political
Agent to 'be set aside on the ground that it
is not final, or is defective, or that the Arbitra
tor 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