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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] [‎5r] (9/70)

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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7
not hesitate to allege something akin to a conspiracy to dc-prive
him of his gardens on political grounds, and the Law Officers
may be of opinion that in these circumstances it is incumbent on
His Majesty's Government to examine for themselves the basis of
any decision against the Sheikh; and that if, as the result of that
examination, in the course of which opinions would of course be
obtained from experts in Ottoman law, it should be decided that
the decision against the Sheikh is contrary to the justice of the
case, His Majesty's Government come under a legal obligation to
compensate the Sheikh for property which was then in his posses
sion, but of which on this basis he has been wrongfully deprived.
THE LAW OFFICERS are requested to advise :—
1. Whether having regard to the terms of the under
takings given in 1914, the imposition of the Istihlak tax on
the produce of the date gardens of the Sheikh of Koweit
and the Sheikh of Mohammerah involves any breach of those
undertakings and whether as a result any obligation resta
on His Majesty's Government to compensate the Sheikhs.
2. Whether His Majesty's Government are under any
obligation to compensate the Sheikh of Koweit in respect
of any portion of the gardens in the possession of his pre
decessor in 1914 of which he may be deprived in consequence
of a Judgment of the competent Iraqi Courts.
3. Whether it is material for the purposes of the last
question to consider
(a) whether the basis of the judgment of the
Iraqi Courts is the failure by the Sheikh to register
certain documents in 1914; that failure having been
admittedly due to the fact that the Sheikh, in
accordance with the wishes of His Majesty's Govern
ment, refused to declare himself a Turkish subject, or
{h) whether the Judgment of the Iraqi Courts is
or is not in-accordance with the justice of the case;
that is to say whether in the event of His Majesty's
Government 'being of opinion that the decision of the
Iraqi Courts is wrong, any liability to compensate the
Sheikh arises.
4. Generally on the case.
appendix
INDEX.
1 & 2. The letters dated 3rd November, 1/914 and 21st
November, 1914, from the Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. 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. to the Sheikhs containing on
behalf of His Majesty's Government the under
takings referred to in this Case :
3. Copy Iraqi Law for the collection of " Istihlak " or
Land Produce duty :
4. Memorandum by Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. , Koweit:
5. Judgment given by the Court of Cassation at Baghdad
in respect of one of the gardens of the Sheikh of
Koweit;
6. Memorandum by Mr. E. Alexander, Acting Judicial
Adviser to the High Commissioner, Iraq.
7. Letter to the Agent to the Sheikh of Koweit dated
14th June, 1915.
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] [‎5r] (9/70), British Library: India Office Records and Private Papers, IOR/L/PS/18/B468, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100023252882.0x00000a> [accessed 13 November 2019]

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