Coll 15/3(1) 'Egypt. Abolition of Capitulations in Montreux Conference and Convention 1937' [128r] (260/1220)
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
This transcription is created automatically. It may contain errors.
25
lce with the t
n ^ e Judicial
11 Court.
for leave to
11 Court is 0 f
Lords of the
le d that the
a Y direct the
uf by a single
granting hi m
:o the making
withdraw his
ae Full Court
rder granting
died with the
thereafter to
rder granting
n application
; order grant-
the apellant’s
a order, and
>peal and the
1 Court shall
order in the
justice of the
he Full Court
f the applica-
parties con-
n, may defer
,ve such other
ae Court, the
,ve to appeal
: rules for the
procedure in
ave to appeal,
jland, to with-
application in
rtificate to the
ie appeal shall
certificate, to
sty in Council,
ed into by the
; as the Court
,C Where an appellant, having obtained final leave to appeal,
I. Anw due diligence in taking all necessary steps for the
fails to sh curin g t h e dispatch of the Record to England, the
purpose o t aiter giv i ng the appellant due notice of his
responde tion> apply to the Full Court for a certificate
^fthVaDDeal has not been effectually prosecuted by the appel-
that m i jt the Full Court sees fit to grant such a certificate, the
lant, ana ^ deemed, as from the date of such certificate, to
appeal s f or non -prosecution without express Order of
u an Maiestv in Council, and the costs of the appeal and the
^ 1S 'tv entered into by the appellant shall be dealt with in such
Sner as the Full Court may direct.
77 Where at any time between the order granting final leave
7 noeal and the dispatch of the Record to England, the Record
to app ripfcctive by reason of the death or change of status
tToartv to the appeal, the Full Court may, notwithstanding
thp order granting final leave to appeal, on an application in
that behalf made by any person interested, grant a certificate
Sowing who, in the opinion of the Full Court, is the proper
nerson to be substituted or entered on the Record in place of,
ni in addition to, the party who has died or undergone a change
f status and the name of such person shall thereupon be deemed
to be so substituted or entered on the Record as aforesaid without
express Order of His Majesty in Council.
78 Where the Record, subsequently to its despatch to
England becomes defective by reason of the death or change
of status’of a party to the appeal, the Full Court shall, upon a
application in that behalf made by any person interested, cause
a certificate to be transmitted to the Registrar of the Privy
Council showing who, in the opinion of the Full Court, is the
proper person to be substituted or entered on the Record in
place of, or in addition to, the party who has died or undergone
a change of status.
79. Where the Judicial Committee directs a party to bear the
costs'of an appeal, incurred in Egypt, such costs shall be taxed
by the proper officer of the Court in accordance with the Rules
for the time being regulating taxation in the Court.
80. The Court shall execute any Order which His Majesty in
Council may think fit to make on an appeal from a judgment
of the Full Court in like manner as any original judgment of the
Court should or might have been executed.
81. This Order shall not affect the right of His Majesty in
Council at any time, on the humble petition of a person
aggrieved by a decision of the Full Court , to admit his appeal
on such terms and in such manner as His Majesty in Council
may think fit, and to deal with the decision appealed from in
such manner as may be just.
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 View the complete information for this record
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- Reference
- IOR/L/PS/12/2764
- Title
- Coll 15/3(1) 'Egypt. Abolition of Capitulations in Montreux Conference and Convention 1937'
- Pages
- front, back, spine, edge, head, tail, front-i, 2r:8v, 10r:13v, 15r:28v, 30r:88v, 92r:140v, 142r:147v, 150r:164v, 167r:182v, 184r:185v, 187r:202v, 205r:212v, 214r:310v, 313r:361v, 436r:439v, 441r:443v, 446r:486v, 489r:503v, 506r:530v, 533r:550r, 552r:589v, 591r:607v, back-i
- Author
- East India Company, the Board of Control, the India Office, or other British Government Department
- Usage terms
- Open Government Licence
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