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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] [‎2r] (3/70)

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.

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The Date Gardens in Iraq of the
Sheikhs of Koweit and Mohammerah
Scope of undertakings given by h. M. Government
in 1914
CASE FOR THE OPINION OF THE LAW
OFFICERS OF THE CROWN AND
OPINION THEREON
1. This case raises certain questions respecting the nature and
scope of undertakings given by His Majesty s Government in 1914
to the Sheikhs of Koweit and Mohammerah (documents 1 and 2 in
the Appendix, pp. 8 and 9), upon which the Treasury desire to have
the opinion of the Law Officers.
2. Certain aspects of the problems raised by these under
takings were submitted to the Law Officers in May, 1930, by the
Colonial Office. The questions then submitted related in the main
to issues which had arisen as between His Majesty's Government
and the Iraqi Government.
The question which now .falls to be considered is whether in
the circumstances hereinafter described any legal obligation rests-
on His Majesty's Government vis-a-vis the Sheikhs themselves.
3. The circumstances in which the undertakings in question
came to be given can, so far as they are relevant to the present
question, be stated shortly as follows :—
4. In 1914 His Majesty's Government were desirous of obtain
ing the assistance of the Sheikhs of Koweit and Mohammerah
against Turkey, and letters were accordingly addressed to them by
the Resident and Consul-General in the Persian Gulf Historically used by the British to refer to the sea area between the Arabian Peninsula and Iran. Often referred to as The Gulf or the Arabian Gulf. , in which the
nature of the assistance desired was indicated and certain promises
were made in return. The letters, documents 1 and 2 in the Appen
dix, were in different terms but for present purposes it is necessary
only to quote the following extracts. In the letter to the Sheikh of
Koweit dated 3rd November, 1914, the following passage occurs-
" Furthermore I make to you, on behalf of the British
Government, certain promises concerning Your Excellency
personally, viz. :—
" (1) That your gardens which are now in your
possession viz. the date gardens situate between Fao
and Qurnah shall remain in your possession and in
possession of your descendants without being subject
to the payment of taxes or imposts."
In the letter to the Sheikh of Mohammerah dated 21st Novem
ber, 1914, it was stated :—
" Further the date gardens which you now possess on
the Turkish side of the Shatt-el-Arab shall remain in full
possession of you and your heirs and immune from taxa
tion." . , r
The reason why a variant of the expression '' immune from
taxation " appears in the letter to the Sheikh of Koweit is explained
in paragraph 13 below.
A
18786

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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.

Written in
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] [‎2r] (3/70), British Library: India Office Records and Private Papers, IOR/L/PS/18/B468, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100023252882.0x000004> [accessed 17 November 2019]

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