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'File 18/68 I (D 114) Kuwait Order in Council' [‎220r] (454/534)

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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. .

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»ll> puuiiu.n-^c
N ote T. —The value of the 8ubject-matter shall be considered to be the
market value of the property in dispute. Where the subject-matter is
not capable of valuation, the fees are to be levied according to the last
column.
N ote TI. —In execution proceedings process-fees shall be levied according to the
value of the subject-matter in respect of which execution is sought or where
the subject-matter is not capsible of valuation according to the last column.
N ote III. —In miscellaneous proceedings under the Civil Procedure Code (other
than execution proceedings) and proceedings under other Acts, the fees to be
levied shall be in accordance with the market-value of the subject-matter when
it is ascertainable, and when it is not ascertainable according to the last
column.
■N ote IV.—(a.) The percentage or poundage leviable under head V of the Table
shall be calculated on multiples of Rs. 25 (i.e., a poundage fee
8 annas should be levied for every Rs. 25 or part of Rs. 25
realised by the scale up to Rs. 1,000, and in the case of the
proceeds of the sale exceeding Ks. 1,000 an additional fee of
4 annas for every Rs. 25 or part thereof should be levied).
(b.) In cases in which several properties are sold in satisfaction of one
decree, only one poundage fee, calculated on the gross sale
proceeds, shall be levied, 2 per cent, being charged on the
gross proceeds up to Rs. 1,000 and 1 per cent, on such proceeds
exceeding Rs. 1,000.
(c.) The percentage or poundage must be paid (1) in a case where the
purchaser is a person other than the decree-holder, at the
time of making the application for payment of the proceeds of
sale by the Court, and (2) in a case where the decree-holder
has been permitted to purchase, at the time of the presentation
of his application for permission to set off the purchase-money
against the amount of his decree.
N ote V.—Where a summons or not ; ce to a defendant or respondent is to be
served by post registered for acknowledgment, the process-fee levied shall in
no case be less than the actual amount required for registration and postage.
N ote VI. — With the sanction of the Court any party may pay the cost of
proceeding by railway or any public conveyance where such is available, and
in such case the process-server shall be bound to proceed by such railway or
public conveyance.
Note VII.—For process applied for and ordered to be executed as emergent, the
fee will be the ordinary fee and half as much as^ain.
N ote VIII.—Where one individual is to be served in more than one capacity, e .g.,
personally and also as guardian of a minor or mi hoi ' s only one fee is to be
charged.
N ote IX.—When a process issued by a Civil Court is returned unserved and has
to be reissued for service, a half fee only shall be charged on the occasion of
each reissue.
This rule applies whatever may be the reason which prevented service
(e.g., whether the failure to serve was due to the fault of the party on whose
behalf it was issued or not), and whether the identical paper is reissued or a cn
fresh paper.
N ote X.—When the service is set aside in an enquiry under Order V, Rule 19,
Civil Procedure Code, or when witnesses, &C., have to be summoned a second
time in consequence of the Court not sitting or not taking up or not completing
the hearing of the case on the day on which they were first summoned no
further fee is to be levied upon reissue.
N ote XI.—If a warrant has already been issued to arrest a judgment debtor who
has failed to pay the decretal amount and who has been ordered to be
imprisoned in a Civil Gaol and such warrant of arrest is in force, no further fee
is leviable on the order of committal to gaol.
Note XII.—No fee is to be charged for any process issued by a Court of its own
motion.

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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' [‎220r] (454/534), British Library: India Office Records and Private Papers, IOR/R/15/1/303, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100023510894.0x000037> [accessed 28 March 2024]

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