'File 18/68 I (D 114) Kuwait Order in Council' [‎107v] (229/534)

1 f]
" Secretary of State " means one of His
Majesty's Principal Secretaries of
State.
' Shaikh of Kuwait," hereinafter called
" the Shaikh," means the ruling
Shaikh of Kuwait, or his duly
accredited representative for the
time being.
v " Ship " includes any vessel used in navi
gation, however propelled, with her
tackle, furniture, and apparel, and
any boat or other craft.
" Treaty " includes any capitulations, con
vention, agreement or arrangement
made by or on behalf of His Majesty
with any State or Government, King,
Chief, people, or tribe, or to the
• benefits of which His Majesty has
succeeded, whether the Shaikh is or
is not a parthereto;
" Will " means will, codicil, or other
testamentary instrument.
The expressions " person to whom this Order
applies " and " person subject to this Order "
.shall he construed in accordance with the provi
sions of sub-article' (1) of Article 8.
Expressions used in any enactments applied
to Kuwait or in any rules, regulations, or orders
wiyde under this Order, shall, unless a contrary
intention appears, have the same respective
meanings as in this Order.
5.—(1) In this Order words importing the
plural or the singular may be construed as
/ referring to one person or thing or to more
t j than one person or thing, and words importing
the masculine as referring to the feminine, as.
the case may require.
(2) Where this Order confers any power or
imposes any duty, then, unless a contrary inten
tion appears, the power may be exorcised and
the duty shall be performed from time to time
as occasion requires.
(3) Where this Order confers a power, or
imposes a^ duty on, or with respect to, a holder
ol an office as such, then, unless a contrary
intention appears, the power may be exercised
and the duty shall be performed by, or with
respect to, the hofder for the time being of the
office or the person temporarily acting "for the
holder. . ,
(4) Where this Order confers a power to
make any rules, regulations, or orders, the power
shall, unless a contrary intention appears, be
construed as including a power exercisable 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'
(«.)) 1 his article shall apply to the construc
tion of any regulations, rules, or orders made
under this Oitier, unless a contrary intention
appears.
6. Where this Order refers to any specified
Act or Acts of Parliament, such reference shall
unless, a contrary intention appears, be deemed
to include any Act or Acts amending or sub
stituted for the same.
7. fn the event of the death, ineapceitv.
Jeinnvai or absence from Kuwait of the Politieai
-Agent tor the time being, all and even- the
powers, authorities, and immunities by this
Order granted to him shall, until His Majesty's
further pleasure is signified through the Gov
ernor-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.— (1) The powers conferred by this Order
shall extend to the persons and.matters follow
ing, in so far as by treaty, grant, usage, suffer
ance, or other lawful means. His Majesty luis
jurisdiction in relation to such persons, matters,
and things, that is to say :—
(1) British subjects, as herein defined, with
in the limits of this Order.
(2) Foreigners with respect to whom 1 he-
Shaikh of Kuwait and any State,
King, Chief or Government whose
subjects or under whose protection
they are have agreed with His wy
Majesty for, or consented to, the
exercise of jurisdiction by His
Majesty.
(3) Kuwait subjects registered in thiv
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
eases wherein such Kuwait subjects
are concerned shall be dealt with in
accordance with the provisions of
Part V of this 0«der;
(4) The property and all, personal ©r pro
prietary rights and liabilities within
the said limits of British subjects
and of foreigners within sub-Article
(2) and of Kuwait subjects widiin
sub-Article (3), whether such persons
are themselves within or without the
limits of this Order.
((5) British ships and ships belonging to
foreigners within sub-Article (2.)
with their boats, and the persons and
property on board thereof," or belong
ing thereto, being within the limits
of this Order ; provided that juris
diction over foreign ships shall not
be exercised otherwise than accord
ing to the practice of the High
( ourt in hhgland in the exercise of,
x jurisdiction over foreign ships.
^ (2) If any question arises whether the sub
jects or citizens of any country, State, or tribe
have or have not been placed under the jurisdic
tion 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 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
withm the limits of this Order for the heairing
riiid determination of criminal and civil matters,
or for the maintenance of order, or for th~
control or administration of persons or propertv
or in relation thereto, shall be exercised under
and according to the provisions of this Order,
so lar as this Order extends and applies.
10. Every judge and officer of the Courts
established under this Order shall, as far as
there is proper opportunity, promote reconcilia
tion and encourage and facilitate the settle
ment in an amicable way, and without
recourse to litigation, of matters in difference
between persons subject to this Order, oi
A