"ملف ١/٧ I المرسوم الملكي البريطاني للكويت (السلطة القضائية على الأجانب)" [و‎‎٨‎٨] (٣٩٤/١٧٥)

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lijr the de ision of the ]oc« r il leaders of that ccirmrnity, to a
punch or jama’at of the leaders of such eon mrnity ; or, in am*
mercial cas .s, from referring any matter in the progress e f a
suit which, in the discretion of the Court, is a fit and proper sub
ject for the decision of the principal local merchants to a majlis
or jama’at of such merchants.
38. —(1) The Fen-eign Jurisdiction (Admiralty) Order in
Council, 1910, saall apply to Kuwait, and the Chief Court shall
have the jur.’sfiction conferred by Article 4 of that Order, and the
District Court shall be deemed to be a Provincial Court, and the
Registry thereof a District Registry within the meaning of the said
Order.
(2) Admiralty actions commenced in the said Registry shall
Jbe tried in the District Court, unless the Chief Court is at the
time sitting within the limits of this Order, or un/ess all parties
agree that the action shall be tried in the Chief Court sitting else
where than within the limits of this Order.
(3) The duties of the Registrar and of the Marshal, either of
the Chief Court or of the Dis cfc Court, under the said Order
shall be performed by such Olficeis as the Political Resident shall
direct. ;
39. —( 1 ) The District Court shall endeavour to obtain, as
early as may be, notice of the deaths of all British subjects leaving
property in any place within the jurisdiction of the Court as pre
scribed bv this Order, and all such information as may sen e -to
guide the Court with respect to the securing and administraticn of
their property. ’
(2) On receiving notice of the death of such a person the
Court shall put up a notice thereof at the Court-house, and shall
keep the same there until probate or administration is granted, or,
where it appears to the Court that probate or administration will
- not be applied for or cannot be granted, for such time as it thinks
fit. (
' (3) The Court shall -where the circumstances of the case appear
so to require, as soon as may be, take possession of the property
left by the deceased in any place within the jurisdiction of the
Court as prescribed by this Order, or put it under its seal
(in either case, if the nature of the property or other circums
tances so require, making an inventory), and so keep it until
it can be dealt 'with according to law ; perishable articles being
disposed of as the Court may consider best in the interests of
J the State.
( 4 ) All expenses incumed 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 otherwise, provide
for the discharge of these expenses.
(5) When a Brit’sh subject dies within the jurisdiction of
the Court, as prescribed by this Order, intestate, his property
or so much thereof as is within those limits, shall, until admin s-
tration 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 wfiose title as such
it is necessary to obtain probate of that will, takes possession
of and administers, or otherwise deals with, any part o the pro
perty of the deceased, and does not obtain probate within one
month after the death, or after the termination of any proceeding
respecting probate or administration, he shall be liable to pay
double the amount of any fees chargeable on obtaining probatr,
and 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 the
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 possession