‘File 7/1 I Kuwait Order-in-Council (Jurisdiction Over Foreigners)’ [‎100r] (199/394)

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of Muhammadan law to a Qazi for decision, or
from sending any party or witness, being a
Muhammadan, to a Qazi for the administra
tion 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 an
other 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 application 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 1 or order, in a Court established under
this Order, against two or more defendants
being British subjects, jointly, and in another
suit one of them is a plaintiff and the Kuwait
subject 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 1 British subject to obtain con
tribution 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, who 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’
eo plaintiff British subject shall be responsible
for all fees and costs.
47. —(1) Every agreement for reference to
arbitration between a person to whom this
/-n Order applies on the one hand, and a person
not subject to the said Order on the other
z-v hand, may, on the application of any party, be
filed for execution in the Office of the Court.
(2) The Court shall, thereupon have 1 authority
to enforce the agreement, and the award made
thereunder, and to control and regulate the
proceedings before and after the award in such-
manner and on such terms as the Court nmy
think fit, in concert with the Shaikh or liis
representative.
(c) General.
48.—(1) Where it is proved that the attend
ance of a person to whom this Order applies,
to give evidence, or for any other purpose con
nected with the administration of justice, is
required before a Kuwait Tribunal, a Court
■established under this Order may, if it thinks
fit, in a ease 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
accord .gly, and does not excuse his failure to
the satisfaction of the Court, he shall, independ
ently of any other liability, be liable to be
punished with imprisonment for a term widen
may extend t<\ 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 submits to the jurisdiction
of a Kuwait Tribunal, and engages in -writing
to abide by the decision of that Tribunal, or to
pay any fees or expenses ordered by that Tri
bunal to be paid by him, the Court may, on
such evidence as it thinks fit to require; enforce
payment of such fees and expenses in the same-
manner as if they were fees payable in a pro
ceeding in the Court, and shall pay over and
account for the same, when levied, to the pro
per Kuwait authority, as the Court may direct.
50. — (1) If a person to whom this Order
applies wilfully gives false evidence in a pro
ceeding before a Kuwait Tribunal, or in au
arbitration between a person to whom this'
O-i’der applies, on the one hand, and a person
t 0 ‘ whom this Order does not apply on- the'
other hand, he shall be guilty of an offence,
andishall, oft conviction., be'liable to be’pu'nished
with imprisonment for a term which may ex
tend 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 punishment
or penalty :
Provided that no person shall be punished-
twice for the same offence.
Part VI. —Registration.
5f. 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 at the
Political Agency An office of the East India Company and, later, of the British Raj, headed by an agent. . A British' subject arriving
within the limits of this Order shall apply for
registration Within one month after his arrival
provided thaf a person who fails to app 1 y for
</V to obtain registration within the time limited
ty this- Article may be registered at any time
if He’ excuses his failure to the satisfaction of
the' Political' Agent.
53. Where a person is in possession of a vu’id
British passport, 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. snail, <-n
the first registration of any such person, '. n -
dorse 1 without further fee than that provided
for in-Article 56 on the passport a certiffimta • f
registration in such form as may be prevribed
by the' Secretary of State. Where anv hicIi
person applies for the renewal of the registra
tion and produces his passport, the renewal of
the registration shall, without further fee than
that provided for in Article o‘o, be endorsed
thereon.
54 Every person, who lias not previously
been registered, applj ing io be registered under
this Order shall, unless excused by the Political
Agent, attend personally ^or that purpose at
the Political Agency An office of the East India Company and, later, of the British Raj, headed by an agent. ; but any person applying
for the renewal of his registration need not
attend personally Unless directed by the Poli
tical Agent so to do, provided that the registra
tion of the wife or wives of a man who is regis
tered under this Order may, if living- with him,-