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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] [‎25r] (49/70)

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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E. 941/82/93
of 1936.
6.
the L lw Officers, in their opinion of January 23rd 1934,
had advised i<.v our ably as to His Ilajesty's Government's
chances of success in that event, that opinion had to
some extent been based on a false premise, in that His
Majesty's Government had failed to implement their under
takings to the Sheikh - at least as regards regularising
the Sheikh of Koweit 1 s title - in the period when it had
been open to them to do so. In these circumstances it
was considered that arbitration involved a considerable
element of risk., and in the event of an unfavourable
verdict might expose His Majesty's Government to large and
indefinite liabilities. Despite the grave objections to
Sir P. Humphrys 1 proposal, it was therefore decided to
authorise him in the event of the 1933 solution definitely
proving unobtainable, to fall back on his alternative
proposal.
10. His l.ajesty's Government's proposals were eventually
communicated to the Acting Minister lor foreign Affairs in
a letter dated January 28th, 1936 to the xollowing effect:
On the understanding that the Iraqi Government
would ensure that the Sheikh of Loweit was given a
legally valid and unassailable title to his Faddaghiyah
property (except that portion of the Bashiyah section
already alienated from the Sheikh by a Court judgment
/Tor which loss His I.ajesty's Government had resigned
themselves to compensate the Sheikh/ 7 ), His lajesty's
Government would contribute a sum not exceeding
£2,000 towards the expenses which might be incurred
in carrying out the necessary transactions. Provided
that effect was given to these arrangements, and on the
further/

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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] [‎25r] (49/70), British Library: India Office Records and Private Papers, IOR/L/PS/18/B468, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100023252882.0x000032> [accessed 22 August 2019]

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