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Coll 15/3(1) 'Egypt. Abolition of Capitulations in Montreux Conference and Convention 1937' [‎126r] (256/1220)

The record is made up of 1 volume (606 folios). It was created in 31 Dec 1936-18 Apr 1939. It was written in English. The original is part of the British Library: India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. Records and Private Papers Documents collected in a private capacity. .

Transcription

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21
officer shall ) A
^reof at the
d > a nd shall
13 granted,
Oration will
time as he
icted person
nistration is
e.
that the cir-
> as soon as
perty within
t the Court,
rcumstances
to be made,
nder its seal
LW.
possession of
the property
n one month
oceedings re-
iable to pay
hng probate,
one hundred
administrator
dministers or
i Egypt of a
.on, he shall,
on otherwise
irt, and shall
1 survives the
I probate or,
>ate, does not
wholly ceases;
tation to the
II go and may
nted executor.
otected person
having in his
writing of the
y, shall forth-
urisdiction the
y such person
f ilc to do so for fourteen days after having knowledge of the
Jr th 0 f the deceased, he shall be guilty of a contempt of Court
nd liable to a fine not exceeding fifty pounds.
( 2 ) Where it is proved that any paper of the deceased, being
r purporting to be testamentary, is in the possession or under
die control of any person, the Court may, whether a suit or
oceeding respecting probate or administration is pending or
not order him to produce the paper and bring it into Court.
/C Where it appears to the Court that there are reasonable
rounds for believing that any person has knowledge of any
paper, being or purporting to be testamentary (although it is
not shown that the paper is in his possession or under his con
trol), the Court may, whether a suit or proceeding for probate
or administration is pending or not, order that he be examined
respecting it before the Court or elsewhere, and that he do attend
for that purpose, and may after examination order that he do
produce the paper and deposit it in Court.
1 59. Where it appears to the Court that the gross value of the
property or estate of a deceased person does not exceed one
hundred pounds, the Court may, without any probate or letters
of administration, or other formal proceeding, pay thereout any
debts or charges, and pay, remit, or deliver any surplus to such
persons, subject to such conditions (if any) as the Court thinks
proper, and no Judge or officer of the Court shall be liable to any
action,'suit, or proceedings in respect of anything done under
this Article. Every proceeding of the Court under this Article
shall be recorded in the Minutes, as if the matter were a civil
action.
60 . Section 51 of the Conveyancing (Scotland) Act, 1874 ( a )
is hereby extended to Egypt, with the adaptation following,
namely:—
The Court is hereby substituted for a Court of Probate
in a Colony.
61 . Section 219 of the Supreme Court of Judicature (Consoli
dation) Act, 1925,( b ) (which relates to the deposits of instruments
creating powers of attorney in the Central Office of the Supreme
Court in England or Ireland) shall apply to Egypt, the Office
of the Court being substituted for the Central Office.
Part VIII.
Appeals in matters of Personal Status.
62 . Any party aggrieved by the decision of the Registrar in a
matter coming before him under Article 40 (3) hereof shall have
the right to appeal to a Judge on such terms and conditions as
may be prescribed by the Rules of Court. The decision of a
Judge on such appeal shall be final.
( a ) 37 & 3^ Viet. c. 94. (b) 15 & 16 Geo. 5. c. 49.

About this item

Content

The volume comprises telegrams, despatches, letters, correspondence, memoranda, notes and Parliamentary questions relating to the 1937 Montreux Conference on the abolition of capitulations in Egypt. These capitulations had created extra-territorial jurisdiction for many foreign powers in Egypt, including Britain, France, Italy and Belgium. This negotiation of the revision of the capitulations was one of the provisions of the 1936 Anglo-Egyptian Treaty.

The correspondence in the volume relates mainly to British interests and negotiating issues as well as the difference between British subjects, British protected persons and citizens; errors in some of the drafting and how these mistakes should be rectified, and the process of ratification of the convention by all parties concerned including the Egyptian Government and the governments of the Dominions.

Included in the volume are the following documents:

  • a printed copy of the 'Statutory Rules and Orders, 1937 No. 936 FOREIGN JURISDICTION The Egypt Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , 1937' (ff 116-139)
  • a printed report (ff 295-312) to Secretary of State for Foreign Affairs, Antony Eden, on the proceedings of the Montreux Conference for the abolition of Capitulations in Egypt
  • 'Egypt No. 1 (1936) Treaty of Alliance between His Majesty, in respect of the United Kingdom and his Majesty the King of Egypt ... Convention concerning the Immunities and Privleges to be enjoyed by the British Forces in Egypt, London, August 26, 1936' (Cmd. 5270) (ff 574-589)
  • 'Instruments signed at Montreux on May 8th, 1937' and 'Report on the Convention regarding the abolition of capitulations ...' (in French and English) (ff 363-435)
  • a printed memorandum 'Procedure for Giving Effect to Capitulations: Provisions of Anglo-Egyptian Treaty' (ff 590-601)

The volume features the following principal correspondents: the Secretary of State for Foreign Affairs (Anthony Eden); HM High Commissioner to Egypt and Sudan (Sir Miles Wedderburn Lampson); the Secretary of State for Dominion Affairs, Dominions Office; Under-Secretary of State for Dominion Affairs, Dominions Office; President of the Council of Ministers, Cairo (Mustapha El-Nahas).

The volume includes a divider which gives a list of correspondence references contained in the volume by year. This is placed at the back of the correspondence.

Extent and format
1 volume (606 folios)
Arrangement

The papers are arranged in rough chronological order from the rear to the front of the volume.

Physical characteristics

Foliation: the foliation sequence (used for referencing) commences at the inside front cover with 1, and terminates at the inside back cover with 608; these numbers are written in pencil, are circled, and are located in the top right corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. side of each folio.

Written in
English in Latin script
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Coll 15/3(1) 'Egypt. Abolition of Capitulations in Montreux Conference and Convention 1937' [‎126r] (256/1220), British Library: India Office Records and Private Papers, IOR/L/PS/12/2764, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100062749760.0x000039> [accessed 25 June 2026]

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