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'File 18/68 II (D 115) Kuwait Order in Council' [‎80r] (170/554)

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The record is made up of 1 volume (275 folios). It was created in 24 Jun 1932-8 Jul 1935. 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 Documents collected in a private capacity. .

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(/w(^c<Cc Ia/vvn/IO ^ ■ , ^ ^ ^
W\wWvv Ck. VaTnaIt tf^L fWQ jrr ^rlAOv- 4 5/ oS)
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iimith of this Order, but sueli application shall be eon- ^-
tixied to sections 6, 10, 11, 14 and 18 thereof. The •
juristliction referred to in seetion 14 (2) of that Act is
9 ' 1) "hereby ( eo|iferred^on the Chief Court. ^ - or- v
(2) If any question arises whether the subjects or citizens of ' / i !
any country, JState, or tribe have or have not been placed under
the jurisdiction of His Majesty by agreement with, or the consent f \ v 9 .
of, the Shaikh of Kuwait, it shall be referred by the Court to the 1 '
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. , and a certificate under his hand and seal shall be < < *•
conclusive on the question, and judicial notice shall be taken
thereof.
9, All His Majesty's jurisdiction exercisable within the limits
of this Order for the hearing and determination of criminal and
civil matters, or for the maintenance of order, or for the control
or administration of persons or property, or in relation thereto, shall
be exercised under and according to the provisions of this Order, so
far as this Order extends and applies.
a 9 . 10 Every judge and officer of the Courts established under
ibis Order shall, as far as there is proper opportunity, promote
ieconciliation and encourage and facilitate the settlement in an
amicable way, and without recourse to litigation, of matters , in
difieience between persons subject to this Order, or between persons
subject to this Order and persons who are not subject to this Order
within the limits of this Order.
1 ah r II. Application of Law of British India and of the United
Kingdom.
If-—(I) Subject to the other provisions of this Order, and to
any Treaties for the time being in force relating to Kuwait, His
iMajesty s criminal and civil jurisdiction in Kuwait shall so far
as circumstances admit, be exercised on the principles of, and in
conformity with, the enactments for the time being applicable as
hereinafter mentioned of the Governor-General of India in
Council, and of the Governor of Bombay in Council, and in
accordance with the powers vested in, and the course of procedure
and prachce observed by and before the Courts in the Presidency The name given to each of the three divisions of the territory of the East India Company, and later the British Raj, on the Indian subcontinent.
1 / ()1 Bombay beyond the limits of the ordinary original jurisdiction
^ > of the High Court of Judicature at Bombay according to their
respective jurisdiction and authority, and so far as such enactments
powers, procedure and practice are inapplicable shall be exercised in
accordance with justice, equity, and good conscience.
(2) The enactments mentioned in the Schedule to this Order
shall as from the commencement of this Order apply to all persons
subject to this Order, but subject to the following exceptions, adapts-
tions and modifications :— ■ '
(i) The Indian Merchant Shipping Act, 1923 :
{a) This Act shall only apply to pilgrim ships with a British
Kegistry.
¥

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Content

The volume includes papers relating to the implications of the assumption by the British Government of jurisdiction over foreigners in Kuwait, especially in view of the possibility of the influx of large numbers of non-Muslim foreigners (particularly Americans) to work in the Kuwaiti oil industry, June 1932 - March 1933; and papers relating to the discussion and drafting of the Kuwait Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , 1935 (His Majesty's Stationery Office, 1935), March 1933 - July 1935, which was designed to clarify the question of British jurisdiction over non-Muslim foreigners in Kuwait, including papers recording discussions of the matter between British officials and the Ruler of Kuwait [Sheikh Ahmad al-Jabir Al Sabah], July 1934, which resulted in the Sheikh's acquiescing in the terms of the revised Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. .

Extent and format
1 volume (275 folios)
Arrangement

The papers are arranged in chronological order from the front to the rear of the volume.

Physical characteristics

Foliation: the foliation system in use commences at the front cover of the volume and continues through to the back cover. The sequence appears written in pencil, circled, in the top right hand corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. page of each folio. Foliation anomalies: f.1 is followed by ff. 1A, 1B, 1C. A second numbering system also appears, starting at 1 on f.2 and continuing to 259 on f.257. This sequence is again written in pencil, but not circled, and appears in the top right hand corner of every page that bears text.

Written in
English in Latin script
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'File 18/68 II (D 115) Kuwait Order in Council' [‎80r] (170/554), British Library: India Office Records and Private Papers, IOR/R/15/1/304, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100023431959.0x0000ab> [accessed 20 April 2024]

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