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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] [‎27r] (53/70)

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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0
8.
Sir /u Clark Ferr's proposals of i:ovej]iber 19^5.
12. In the summer of 19."5 the Embassy reported
trie t their sttention had been drawn to certain inadeouacies
in the 19-34 ^ronosals which suggested that even if the
Jraqi 'joveinment could be persuaded to acce nt the proposals^
the difficulties connected Vvith the Sheikh of I'oweit's
titles to his gardens would not be disnosed of. They were
requested to put the points, together with any alternative
solution which they had to suggest, in an official despatch.
L 92 1 of // 1935 15, In lvJcvember 1955 Sir A - Clark Kerr reported
accordingly that neither Sir F. Humphrys nor he himself had
"been able to induce the Irani Government to take any action
Oix the lines of the 1934 solution, and that there was
litble hone of their making any real attempt to carry it
out . Me pointed out that even if the Iraoi Government
could be persuaded to issue to the Sheikh a proper T apu
Sanad in respect of his Faddaghiyah gardens, the Sheikh
would not thereby necessarily be safeguarded from claims
(a) in connection with reclaimed land not yet registered
i n £§121^ (b) of the f ellaheen who by planting the trees
had acquired rights to certain portions of his land
('Taab rights") and (o) of other members of his family.
14. Sir A. Clark Kerr therefore proposed that the
Sheikh of J oweit's title to his properties in Iraq should
be examined de novo with a view to dealing with all
questions of rights to these properties and that a Commission
should, with the consent of the Sheikh of Koweit, be set
up by the Iraqi Government (1) to enquire into the
boundaries of all l^nd claimed by the Sheikh, (2) to examine
all outside rights to the land, and to value such claims
as might be proved to be legal rights under the law of Iraq,
and

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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] [‎27r] (53/70), British Library: India Office Records and Private Papers, IOR/L/PS/18/B468, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100023252882.0x000036> [accessed 15 November 2019]

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