'File 18/68 I (D 114) Kuwait Order in Council' [‎22v] (59/534)

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Part \ II.—Miscellaneous Provisions.
<i8. Subject to the control of the Secretary of State,
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. may, from time to time, with the
previous sanction of the Governor-General of India in
Oouncil, makes rules of procedure and other rules, consistent
with this Order, for the better execution of the provisions
herein contained in respect of any matter arising in the course
of any civil or criminal case, including insolvency and
bankruptcy proceedings.
69.—(1) Subject to the control of the Secretary of State
acting with the concurrence of the Treasury, the Political
Resident may from time to time, with the previous sanction
of the Governor-General of India in Council, make rules im
posing tees leviable in respect of any proceedings in, or
processes issued out of, any Court established under this
Order.
(2) But a Court before which any matter is pending
may, in any case, it it thinks fit, on account of the poverty
of m party, or for any other reason, dispense in whole or in
part with the payment of any fees chargeable in respect of
such matter. "
TO.—(1) All fees, charges, expenses, costs, fines,
damages, and other money payable under this Order, or
under'any law made applicable by this Order, may be en
forced under order of the Court by seizure and sale of goods
and in default of sufficient goods, by imprisonment as a
civil prisoner for a term not exceeding'one month, but such
imprisonment shall not operate as a satisfaction or extin
guishment of the liability.
(2) Any bill of sale or mortgage, or tranfser of property
made with a view of avoiding such seizure or sale, shall not
be effectual to defeat the provisions of this Order.
( i) All tees, penalties, fines, and forfeitures levied under
this Order upon a British subject, and fees, other than actual
Court fees, that may lie levied under the provisions of this
Order, on a person to whom this Order applies, shall be paid
to the public account, and shall be applied in such manner as
the Secretary of State, with the consent of the Treasury, or,
with the previous or subsequent assent of the Secretary of
State, as the Governor-General of India in Council, mav
direct.
71. Whenever an Acting 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. or Acting
-Judicial Assistant lias commenced the hearing of any cause
or matter, civil or criminal, he may, unless the Political
Resident otherwise directs, continue and complete the hear
ing and determination thereof, notwithstanding that his
authority to act as 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. or Judicial Assistant has
otherwise ceased by reason of the expiration of the time for
I which he was appointed to act, or by reason of the happening
of any event by which his authority is determined.
(J) It an Officer of the Court, employed to execute
a decree or order, loses, by neglect or omission, the oppor
tunity of executing it, then, on complaint of the person
aggrieved and proof of the fact alleged, the Court may, if
it thinks fit, order the Officer to pay the damages sustained by
the person complaining, or part thereof.
i 2) 1 lie order may be enforced as an order directing
payment of money.
If a Clerk or Officer of the Court, acting under
pretence of the process or authority of the Court, is charged
with extortion, or with not paying over money duly levied
or with other misconduct, the Court may, if' it thinks fit',
enquire into the charge in a summarv way, and may for
that purpose summon and enforce the attendance of all
necessary persons as in a suit, and may make such order for
the repayment of any money extorted.' or for the payment
over of any money levied, and for payment of such damages
and costs as the Court thinks fit.
(2) The Court may also, if it thinks fit, on the same
enquiry, impose on the Clerk or Officer such fine, not exceed
ing 50 rupees Indian silver coin also widely used in the Persian Gulf. for each offence, as the Court thinks fit.
( : i) A Clerk or Officer punished under this article shall
not, without the leave of the Court, be liable to a civil suit
in respect of the same matter; and any such suit, if already
or afterwards begun, may be stayed by the Court in such
manner and on such terms as the Court thinks fit.