'File 18/68 I (D 114) Kuwait Order in Council' [‎16r] (46/534)

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(3) Where this Order confers a power, or imposes a fluty
on, or with respect to, a holder of an office as such, then, un
less a contrary intention appears, the power may be exercised
and the duty shall be performed by. or with respect to, the
holder tor the time bein^ of the office or the person tem
porarily acting for the holder.
(4) Where this Order confers a power to make any rules,
regulations, or orders, the power shall, unless a contrary in
tention appears, be construed as including- a power exercis-
able in the like manner and subject to the like consent, and
conditions, if any, to rescind, revoke, vary or amend the
rules, regulations, or orders.
(5) This .article shall apply to the construction of any
regulations, rules, or orders made under this Order, unless a
0 contrary intention appears.
G. Where this Order refers to any specified Act or Acts
of Parliament, such reference shall, unless a contrary inten-
tion appears, be deemed to include any Act or Acts amend-
- > } ing or substituted for the same.
7. In the event of the death, incapacity, removal, or
• absence from Kuwait of the 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. for the time
being, all and every the powers, authorities, and immunities
by this Order granted to him shall, until His Majesty's
further pleasure is signified through the Governor-General of
India in Council, be vested in 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. .
8. The powers conferred by this Order shall extend to
the persons and matters following, in so far as by Treaty,
grant, usage, sufferance, or other lawful means. His Majesty,
has jurisdiction in relation to such persons, matters, and
things, that is to say: —
(1) British subjects, as herein defined, within the
limits of this Order.
(2) Foreigners with respect to whom the Shaikh of
Kuwait v has agreed with His Majesty for. or
. j ■ ' consented to, the exercise of jurisdiction bv His
" ' ■ Majesty.
(3) Kuwait subjects registered in the Political Agency An office of the East India Company and, later, of the British Raj, headed by an agent.
as -being in the regular service of British subjects
or foreigners; with the proviso that all cases
wherein such Kuwait subjects are concerned shall
z be dealt with in accordance with the provisions
of Part V of this Order.
(4) The expression " person to whom this Order ap
plies shall be construed in accordance with the
above three sub-Articles.
(5) I he property and all personal or proprietary
rights and liabilities within the said limits of
British subjects and of foreigners within sub-
Article (2) and of Kuwait subjects within sub-
Article (3), whethen such persons are themselves
within or without the limits of this Order.
(6) British ships and ships belonging to foreigners
% within sub-Article (2) with their boats, mid the
persons and property on board thereof, or be
longing thereto, being within the limits of this
Order; provided that jurisdiction over foreign
ships shall not be exercised otherwise than ac-
J cording to the practice of the High Court in
England in the exercise of jurisdiction over
y foreign ships.
(') If any question arises whether the subjects or
citizens of any country. State, or tribe have or
i have not been placed under the jurisdiction of ,
His Majesty by agreement with, or the consent
of, the Shaikh of Kuwait, it shall be referred by
the Court to 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. , and a certi
ficate 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 er;-
mmal 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.