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The Date Gardens in Iraq of the Sheikhs of Koweit [Kuwait] and Mohammerah. Scope of undertakings given by HM Government in 1914. Case for the opinion of the Law Officers of the Crown and Opinion thereon T W H Inskip and F B Merriman, Law Officers' Department, 29 Mar 1933. inc The date gardens in Iraq of the Sheikhs of Koweit and Mohammerah. Historical summary [undated] [‎30r] (59/70)

The record is made up of 1 file (35 folios). It was created in 29 Mar 1933. 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. .

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11.
(iii)
^ out a solution of the compensation aspect.
Compensation for Taxati on Loss<:• r; 0
17• As mentioned in paragraph 7 above the Iraqi
G-overnment altered their system of taxation upon
agricultural products in 1952, y/ith the result that taxa
tion was levied not as hitherto on the land itself, but
on suah parts of the crop as were sold or exported.
Whilst it was evident that the Sheikhs would have to be
compensated in some form for their losses under this new
Istihlal, tax, io was decided that before a decision could
be reached regarding the amount of compensation eventually
to be paid, or regarding the basis on which it would be
calculated, it would be necessary to have the opinion of
uhe Law Oxiicers, wnether or not the Sheikhs T losses under
the ney/ tax were covered by the 1914 pledges. In March,
1935, the Law Officers advised that an obligation resi-ed
upon His Majesty's Government to compensate the Sheikhs
for the imposition of the Istihlak tax, and the modality
of that compensation was accordingly discussed,
18o As regards the Sheikh of Koweit the 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.
suggested that the following alternatives were open to
His Majesty's Government:
(i) The payment annually of a sum sufficient
from time to time to indemnify the Sheikh and his
descendants in respect of any annual payment which
they might have to make to Iraq; His Majesty's
Government to remain liable for such payment so
long as the descendants of Sheikh Mubarak hold the
gardens covered by the 1914 pledge.
(ii) A corresponding payment for the life-time
of the present Sheikh only.

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Content

This file contains a British Government report (folios 1-19) regarding promises made by the British in 1914 to the rulers of Kuwait and Mohammerah concerning their ownership of date gardens in Iraq.

The report contains a description of the situation and the legal opinion of T W H Inskip and F B Merriman, Law Officers of the Crown. The report includes an appendix containing copies of a number of relevant memorandums and letters.

The file also contains an undated report (folios 20-35) entitled 'The Date Gardens in Iraq of the Sheikhs of Koweit and Mohammerah' that provides a detailed historical summary of the case.

Extent and format
1 file (35 folios)
Arrangement

The file is divided into two sections; the 'Scope of undertakings given by HM Government in 1914' and a 'Historical Summary'.

Physical characteristics

Foliation: The foliation sequence commences at the first folio of the former and terminates at the last folio of the latter; 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.

Pagination: Each section of the file also contains an original and distinct pagination sequence.

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English in Latin script
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The Date Gardens in Iraq of the Sheikhs of Koweit [Kuwait] and Mohammerah. Scope of undertakings given by HM Government in 1914. Case for the opinion of the Law Officers of the Crown and Opinion thereon T W H Inskip and F B Merriman, Law Officers' Department, 29 Mar 1933. inc The date gardens in Iraq of the Sheikhs of Koweit and Mohammerah. Historical summary [undated] [‎30r] (59/70), British Library: India Office Records and Private Papers, IOR/L/PS/18/B468, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100023252882.0x00003c> [accessed 6 June 2024]

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