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'File 18/68 I (D 114) Kuwait Order in Council' [‎108r] (230/534)

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The record is made up of 1 volume (264 folios). It was created in 6 Feb 1919-20 Dec 1928. It was written in English and Arabic. 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. .

Transcription

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between persons subject to- this Order and
persons who are not subject to this Order,
within the limits of this Order.
Part II.—Application of Law of British
India and of the United Kingdom.
11.— (1) Subject to the other provisions of
this Order, and to any Treaties for the time
bein<r 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
ouaetments 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 pro
cedure 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
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 com
mencement of this Order apply to all persons
subject to this Order.
(3) Any other existing or future enact
ments of the Governor-General of India in
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 India
in council, or of The Governor of Bombay in
Council, whether passed before or after the
commencement of this Order, amending or
substituted for any Act of either of those
Legislatures 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 alterations not aft'ect-
ing the substance, as may be necessary or
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 excep
tions, adaptations, and modifications following,
that is to. say r—
(?) 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. in the Persian
Gulf is hereby substituted for the
Governor of a Colony or Britisii
Possession, and the Chief Court
is hereby substituted for a
Superior Court or Supreme Court,,
and the District Court for a M&gi$-
trate or Justice of the Peace of a
Colony or British Possession.
( m ) For the portions of the Merchant Ship
ping Acts, 1854 and 1867, referred
to in the said Schedule, shall be
substituted Part XIII of the .Mer
chant Shipping Act, 1894.
(m) ^ 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 substituted'
for a Court of Probate in a Colony.
(io) With respect to the Fugitive Offenders;
Act, 1881 r
(а) So much of the 4th and oth sections
of the said Act as relates to .sund-
ing a report of the issue of a:
warrant together with the in
formation or a copy thereof, or
to the sending of a certificate of
committal and report of a case,
or to the information to be given
bj- a Magistrate to a fugitive
shall be excepted, and in lieu of
> such information the person act
ing as the Magistrate shall inform
the fugitive that in the British
Possession or Protectorate to
which he may be conveyed he has
the right to apply for a writ of
habeas corpus or other like pro
cess.,
(б) So much of the' 6th section of the
said Act as requires the expira
tion of fifteen days before issue
of warrant shall be excepted,
(c) 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. shall not be
bound to return a fugitive offender-
to a Britsh Possession unless satis
fied that the proceedings to obtain
liis return, are' taken with the
consent of the Governor of that
Possession.
id) For the-purposes of Part 11 of the-
said Act, Mascat, Bahrein, Kuwait,
the Persian Coast and Islands,
and all other places on the shores
of the ' Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. or the Gulf
. of Oman, Aden and British India,
shall be deemed to be one group-
of British Possessions,.
.3. Where, by virtue of any Imperial Act, or
oi tliis Order, or otherwise, any provisions of
any Imperial Acts, or of any Law in force in
India, or of any Orders in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. other than
this Order, are applicable within the limits of
this Order, or any forms, regulations, or pro
cedure prescribed or established by or under
such Act, Law, or Order, are made applicable
for any purpose of this Order, or any other
Order relating to Kuwait, such Aets, Laws,
Orders, form.s, regulations, or procedure may
be construed or used with such alterations and
adaptations not affecting the substance as may
be necessary having regard to local circum
stances, and anything required to be done by,
to, or before any Court, Judge, Officer, or
Authority may be done by, to, or before a
Court, Judge, Officer, or Authority hav
ing the like or analogous functions, or
by, to, or before any Officer designated
by the Secretary of State or by the Court (as
the case may require) for that purpose ; and
in case any difficulty occurs in the application
the Secretary of State, or with his previous or
subsequent assent the Governor-General of India
in Council, may direct by, to, or before whom
and in what manner anything is to be done

About this item

Content

Papers relating to the composition, drafting and publication of The Kuwait Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , 1925 (His Majesty's Stationery Office, 1925). The volume includes papers relating to initial objections and subsequent agreement on the part of Sheikh Ahmad al-Jabir as-Subah [Sheikh Ahmad al-Jabir Al Sabah], the ruler of Kuwait, to the exercise by the representative of the British Government of jurisdiction over the subjects and protected persons of all non-Muslim foreign governments in Kuwait, including a letter of agreement from the Sheikh written in Arabic, November - December 1925; Rules of Court relating to fees, October 1926; papers relating to the registration of British subjects in Kuwait, November 1925 - December 1926; and papers relating to the regularisation of the position of American missionaries in Kuwait, so that, if the need arose, they would be entitled to British protection, February - December 1928.

Extent and format
1 volume (264 folios)
Arrangement

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

Physical characteristics

Foliation: the foliation system in use commences on the title page and continues to the last folio that bears any text (seven folios from the end of the volume). The sequence appears written in pencil, enclosed in a circle, in the top right hand recto The front of a sheet of paper or leaf, often abbreviated to 'r'. page of each folio. Foliation anomalies: folio 1 is followed by folios 1A, 1B and 1C. Folio 186 needs to be folded out in order to be read. A second sequence also appears, again written in pencil in the top right hand corner of most of the folios, but not enclosed within a circle. This appears to start at [3] on folio 4 and continues to 287 on folio 254. This sequence marks all pages bearing text.

Written in
English and Arabic in Latin and Arabic script
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'File 18/68 I (D 114) Kuwait Order in Council' [‎108r] (230/534), British Library: India Office Records and Private Papers, IOR/R/15/1/303, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100023510893.0x00001f> [accessed 28 March 2024]

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