'File 18/68 I (D 114) Kuwait Order in Council' [‎16v] (47/534)

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10. Every judgv and officer of fhe Courts established
under this Order sliall, as far ns there is proper opportunity,
promote reconciliation and encourage and facilitate the settle-
Jiient in an amicable way, and witnout recourse to litigation,
of matters in difference between persons subject to this Order,
or bet ween persons subject to this Order and persons who are
not subject to this Order, within fhe limits of this Order.
Part II.—Application ok Law of British India vnu
of the uxited kingdom.
11-—(1) Subject to the other provisions of this Order,
and to any Treaties for the time being in force relating' to
Kuwait, His Majesty'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
(jovernor-Geueral 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 practice 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. of Bombay beyond
fhe limits of the ordinary original jurisdiction of the High
< ourt 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 con
science.
(2) The enactments mentioned in the Schedule to this
Order shall as from-the commencement of this Order applv
to all persons subject to this Order.
(3) Any other existing or future enactments of the Gov-
ernfn-General of India iu Council, or of the Governor of
Bombay in Council, may be applied to Kuwait by King's
Regulations under Article 78 of this Order.
(4) Any Act of the Governor-General of ludia in Coun
cil, or of the Governor of Bombay in Council, whether passed
before or after the commencement of this Order, amending or
substiiuted foi anv Act of either of those Ijegislatures which
applies or may be applied to Kuwait, shall, subject to the
provisions of this Article, also apply to Kuwait.
(5) The Court may construe any enactments in force in
.Kuwait, under the provisions of this Article, with such al
terations not affecting the substance, as may be necessarv or x
proper to adapt the same to the matter before the Court.
12. The enactments described in the first Schedule to
the Foreign Jurisdiction Act, 1890, shall apply to Kuwait, as
if it were a British Colony or Possession, but subject to the
provisions of this Order, and to the exceptions, adaptations,
and modifications following, that is to say:
('i) 1 he 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. in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. is here
by substituted for the Governor of a Colony or
British Possession, and the Chief Court is hereby
substituted for a Superior Court or Supreme
Court, and the District Court for a Magistrate or
•Justice of the Peace of a Colony or British Pt.s-
session.
(u) 1*oi the portions of the Merchant Shipping Acts
1864 and 1807, referred to in the said Schedule'
Khali be substituted Part XTII of the Merchant
Shipping Act. 18fM.
(iii) In section 51 of the Conveyancing (Scotland) Act,
1874. the Court 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. is substi
tuted for a Court of Probate in a Colony.
^iv) With respect to the Fugitive Offenders Act, 1881:
(n) So much of the 4th and 6th sections of the
said Act as relates to sending a report of the is
sue of a warrant, together with the information
or a copy thereof, or to the sending of a certi
ficate of committal and report of a ca.^e, or to the
information to he given by a Magistrate to a
fugitive, shall be expected, and in lieu of such
information the person acting as the Magistrate
^liall inform the fugitive than in the British Pos
session or Protectorate to which he may be con
veyed he has the right to apply for a writ of
habeas corpus or other like process.