‘File 7/1 I Kuwait Order-in-Council (Jurisdiction Over Foreigners)’ [‎101r] (201/394)

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( 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.
70.—(1) 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 enforced 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 extinguishment of the
liability.
(2) Any bill of sale or mortgage, or transfer
.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, tines, 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 this Order, on
a person to whom this Order applies, shall be
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 the previous
,or subsequent assent of the Secretary of State,
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,
be may, unless the Political Kesident otherwise
directs, continue and complete the hearing 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 appoint
ed to act or by reason of the happening of any
•event by which his authority is determined.
72.—(1) If an officer of the Court, employed
to execute a decree or order, loses, by neglect or
^ omission, the opportunity of executing it, then,
on complaint of the person aggrieved and proof
^ <>' the fact alleged, the Court may, if it thinks
\ it, aider the officer to pay the damages sustained
by the person complaining, or part thereof.
(-. y I he order may be enforced as an order
directing payment of money.
/3. ( 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’
^nd may for that purpose summon and enforce
toe attendance of all necessary persons as in
suit, and may make such order for the repay
ment of any money extorted, or for the pav-
ment over of any money levied, and for payment
ot such damages and costs as the Court thinks fit.
<-) he Court may also, if it thinks fit, on
the same enquiry impose on the clerk or officer
such fme. not exceeding 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
luibl.® to a civil suit in respect of the same
matter ; and any such suit, if already or after
wards begun, may be stayed by the* Court in
such manner and on such terms as the Court
thinks fit.
(4) Nothing in this article shall be deemed
to prevent any person from being prosecuted
under any other British or British Indian law
for any act or omission punishable under this
article, or from being liable under that other
law to any other or higher punishment or penalty
than that provided by this article :
Provided that no person shall be punished
twice for the same offence.
74. The 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. or the Political
Agent may exercise any power conferred on any
Justices of the Peace within His Majesty’s
Dominions by any Act of Parliament, for the
time being in force, regulating merchant seamen
or the mercantile marine.
75. \\ here under the Merchant Shipping Act,
.1894, anything is authorised to be done by, to,
or before a consular officer, such thing may be
done in* any place in Kuwait by, to, or before
the 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. or 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. .
76. The 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. and the Political
Agent shall each be entitled in Kuwait to act
asa Notary Pub lie,
77. The Court shall have jurisdiction from
time to time to make an order requiring a person
.to whom this Order applies to contribute in such
manner as the Court directs to the support of
his wife, or to the support of his or her child,
whether legitimate or not, being, in the opinion
of the Court, under the age of 16 years. Any
such order may be made in a summary way as
if the neglect to provide for the support of such
wife or child were an .offence, and any failure
to comply with any such order shall be deemed
to be an offence, and shall be punishable with a
fine not exceeding 10 rupees Indian silver coin also widely used in the Persian Gulf. for any one default,
and the Court may direct any penalty imposed
for such offence to be applied for the support of
such wife or child in such manner as the Court
thinks fit.
78. The 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. shall have power to
make Regulations (to be called King’s Regula
tions) for the following purposes (that is to
.say) :—
(<*) For the peace, order, and good govern
ment of persons to ivhom this Order
applies in relation to matters not
provided for by this Order,
(b) For securing the observance of any
Treaty or arrangement for the time
being in force, relating to any place
— within the limits of this Order or of
any native or local law or custom,
; ‘ whether relating to trade, commerce,
revenue, or any other matter,
(e) For applying, amending, modifying or
repealing with respect to Kuwait any
Acts or enactments which apply, or
are made .applicable, or have 'been
brought into operation in Kuwait, by
or under any of the provisions of
Article 11 of this Order,
(d) For regulating or preventing the
importation or exportation in British
„ v ships, or by any person to whom this
Order applies, of arms or munitions