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'File 18/68 I (D 114) Kuwait Order in Council' [‎166r] (346/534)

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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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Biich Act, Law, or Order, are made applicable for any purpose of
this Order, or any other Order relating to Kuwait, such Acts,
.Laws, Orders, forms, 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 having the like or analogous
functions, or by, to, or before any Officer designated by "»
Secretary of State or by the Court (as the case may require) i £
that purpose ; and in case any difficulty occurs in the applicati n
<lhe Secretary of State, or with his previous or subsequent assens
the Governor-General of India in Council, may direct by, to, or
before whom and in what manner anything is to be done, and
such Act, Law, Order, Form, Regulation, or procedure shall be
construed accordingly.
Where, under any such Imperial Act, Law, or Order, any
publication is required to be made, as respects any judicial pro
ceeding in any ' Gazette " or otherwise, such publication shall
be made by such mode as the Court shall think fit to direct.
P art III.—C riminal.
14:.—(1) Subject to the other provisions of this Order, the
Code of Criminal Procedure and the other enactments relating to
the administration of criminal justice in British India for the time
being shall be applicable to Kuwait. 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 The historical term used to describe the body of water between the Arabian Peninsula and Iran. shall hold and form a Court, to be called the
Chief Court, which shall 'have all the powers of a High Court of
Judicature : 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. at Kuwait shall be deemed to be
the District Magistrate and Sessions Judge ; the Judicial Assistant
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. shall be deemed to be the additional Dis
trict Magistrate and additional Sessions Judge ; and the powers
of the Governor-General in Council and of the Local Government
under those enactments shall be exercisable by tfhe Secretary of
State, or, with his previous or subsequent assent, by the Governor-
General of India in Council.
Notwithstanding, in any case triable by a subordinate Magis
trate under Chapters XYT to XXIII inclusive of the Indian Penal
Code if both the complainant and defendant are Muhammadans
and are acquiescent in such procedure, 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. may
order the case to be tried by a Qazi, a representative from the
Agency An office of the East India Company and, later, of the British Raj, headed by an agent. attending to record briefly the proceedings. In such
suits the judgment passed by the Qazi shall not be carried into
effect until it is ratified by 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. , and the Political
Agent shall have power to revise the finding and sentence as if
the Qazi were a subordinate Magistrate, or to return the case for
retrial to the same or another Qazi. The sentence of tftie Qazi,
when ratified by 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. , shall for all purposes be
regarded as if it were the decision 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. in the
District Court.
2613

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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' [‎166r] (346/534), British Library: India Office Records and Private Papers, IOR/R/15/1/303, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100023510893.0x000093> [accessed 28 March 2024]

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