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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] [‎18r] (35/70)

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.

Transcription

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OPINION OF THE LAW OFFICERS
OF THE CROWN
1. In our opinion if His Majesty's Government themselves,
while in control of the Government of Iraq, had imposed the
Istihlak Tax on the produce of the date gardens of either of the
Sheikhs, it would have been a breach of the undertakings given
in November, 1914. On this basis, we think that an obligation
rests on His Majesty's Government to compensate the Sheikhs for
the imposition of the tax by the present Government of Iraq.
2. Yes.
3. We think that the test is whether the then Sheikh of
Koweit was, at the date of the undertaking, de facto in possession
of the portions of the gardens affected by the judgment. We are
of opinion that it is not material to consider either of the two
alternatives.
4. We have nothing to add.
(Sgd.)
(Sgd.)
Law Officers' Department,
29th March, 1933.
T. W. H. INSKIP.
F. B. MERRIMAN.
(, 18765- 43) Wt.
—G2 00 4/33 P.St. Q. 304

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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] [‎18r] (35/70), British Library: India Office Records and Private Papers, IOR/L/PS/18/B468, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100023252882.0x000024> [accessed 20 May 2019]

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