"ملف ١/٧ I المرسوم الملكي البريطاني للكويت (السلطة القضائية على الأجانب)" [و‎‎٢‎٠] (٣٩٤/٣٩)

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oi other circumstances so require, making- an inventory), and
so keep it until it can be dealt with according to law: perish
able articles being disposed of as the Court may consider best
in the interests of the State.
(4) All expenses incurred on behalf of the Court in so
doing shall be the first charge on the property of the deceased,
and the Court shall, by sale of part of that property, or other
wise. provide for the discharge of these expenses.
(5) When a British subject dies within the jurisdiction of
t!:o Court, as prescribed by this Order, intestate, his property,
or so much thereof as is within those limits, shall, until ad
ministration is granted, vest in the Political Agent.
40. If a person to whom this Order applies, who is named
executor in a will, and to the establishment of whose title as
such it is necessary to obtain probate of that will, takes posses
sion of and administers, or otherwise deals with, any part of
the property of the deceased, and does not obtain probate within
one month after the death, or after the termination of any pro-
eoeding respecting probate or administration, he shall be liable
to pay double the amount of any fees chargeable on obtaining
probate, i,jnd he shall also be liable to a fine which may extend
to 1,000 rupees.
41. If any person to whom this Order applies, other than
t!ie person named executor, or the administrator, or a person
entitled to represent the deceased without obtaining probate or
letters of administration, or an Officer of the Court, takes pos
session of and administers, or otherwise deals with, any part of
the property of the deceased, he shall, as soon as practicable,
notify the fact and the circumstances to the District Court, and
si all furnish to the Court all such information as the Court re-
fpiires, and shall conform to any direction of the Court in rela
tion to the custody, disposal, or transmission of the property
or the proceeds thereof, and, in case of any contravention of this
Article, lie shall be punished with a fine, which may extend
to 1,000 rupees.
• 42.—(1) When the peculiar circumstances of the case ap
pear to the District Court so to require, for reasons recorded in
its proceedings, the Court may, if it thinks fit, of its own
n otion 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 indemnified thereby.
(3) He shall publish such notices, if any, as the Court
thinks fit, in Kuwait, the Persian Coast and Islands, Bom
bay, 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 exe
cution of this article shall be the first charge on the estate of
the deceased as dealt with in accordance with the provisions o*
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 Mohammedans the Dis
trict Court may refer any question concerning 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 Surjects and Tribunals.
(a) Criminal.
44. —(1) When any person not subject to this Order
d-sires to institute a complaint against a person to whom the
said Order applies, the Political Agent shall entertain the
same, and shall (a) himself hear and determine it in his Dis
trict Court, or (b) if both parties are Mohammedans, refer it
with their consent, to a Qazi for decision, sending a representa
tive of the Agency 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.