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'File 53/11 VIII (D 98) Date Gardens of Shaikhs of Kuwait and Mohammerah' [‎24r] (62/576)

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The record is made up of 1 volume (286 folios). It was created in 30 Sep 1933-30 May 1934. It was written in English, Arabic and Turkish. 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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SCI 05lJ*e ^Qf^EICN Qrl"iOt
UMG LET TEH DATED
I
/508/93}. 5328
Br 111 mkx Kmba asy,
Bagdad*
/S2)
! C. ~ T i 23rd August. 19o3.
I -J ^ ;
Sir,
^ • i k # - «,i
f, ? | #
With reference to my despatch No. 481 or July 26th
laBt regarding tlm Shaikh of Kuwait's date gardens in 'Iraq,
I have the honour to state; that an examination of the deeds
of the Faddsghiyah estate ha® revealed beyond doubt that
the lend belongs to a tenure which bring© it within the
ambit of the Ottoman Land Cod®, the tenure is "miri" with
which the Ottoman Land Code wnfc exclusively concerned.
2. With regard to the question put in the third
v £ ■ t>&rtgraph of your daapatch Ho. 570 of June 26th f I am
■v ^ ■ pai
rt- J tidvised that, whilst it- would appear possible for the
thalkh to ent^r a pie® of prescription undei Article 20
of the Land Coda, it is probable that the Court would hold
that, aa prescription cannot run in favour of en
unregistered occupier, the validity of the Shaikh 1 s
registration (the main issua) muat be tried before the issue
of prescription. If the Court found that the registration
wa& void ab initio it aeam likely that it would also hold
that prescription cannot run. On the other hand, in the
abaence of any recorded decisions, it is not poaaible to
forecast with certainty the result of a plea of prescription,
and my Legal Secretary la accordingly taking atepa to ensure
that its po^eibilitlee are not overlooked by the r.aikh 's
lawyer©#
I have f e tc.,
(8d.) George Ogilvie-Forbea.
tight Hon'ble
i r John ^ iiso n, 0 • 0 # S . I., K . v >. V. 0. |
e tc. etc. etc.

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Content

This file contains correspondence between British officials regarding date gardens in southern Iraq owned by the rulers of Mohammerah and Kuwait. The correspondence discusses changes in legislation proposed by the Government of Iraq regarding the collection of land rent and land produce duties, and the impact of these changes to the ruler of Kuwait, Shaikh Aḥmad al-Jābir Āl Ṣabāḥ.

In particular, the correspondence concerns the Government of Iraq's decision to end the immunity from taxation (on the gardens) that had been granted to the former ruler of Kuwait, Shaikh Mubārak Āl Ṣabāḥ and the Shaikh of Mohammerah, Khaz‘al bin Jābir al-Ka‘bī by the British Government in return for their military support against the Ottoman Empire in World War 1.

The file contains details regarding a legal case brought against Shaikh Aḥmad by members of the Al Zuhair family regarding the ownership of some of his land holdings in Iraq.

Correspondence in the file states that the problems between Shaikh Aḥmad and fellaheen Arabic for ‘peasant’. It was used by British officials to refer to agricultural workers or to members of a social class employed primarily in agricultural labour. (agricultural workers) on his land - as described in detail in IOR/R/15/1/489 - had been resolved.

The file contains correspondence regarding Jacob Gabriel, the Armenian legal representative of Shaikh Ahmad (ff. 5-13) as well as minutes from two meetings held at the Foreign Office with representatives from the 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. , the Treasury, the Treasury Solicitor's Department and the Foreign Office (ff.167-183 & ff. 187-200).

The file also contains the following:

Extent and format
1 volume (286 folios)
Arrangement

File is arranged in chronological order, from earliest at beginning of the file to most recent at end.

Physical characteristics

Condition: Formerly a bound correspondence volume, the file's sheets have been unbound and are now loose.

Foliation: The volume is foliated from the front cover to the inside back cover, using uncircled pencil numbers in the top-right corner of each recto The front of a sheet of paper or leaf, often abbreviated to 'r'. .

The following foliation anomalies occur: 1a-1e, 27a, 140a-140f, 142a, 146a, 237a.

Written in
English, Arabic and Turkish in Latin and Arabic script
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'File 53/11 VIII (D 98) Date Gardens of Shaikhs of Kuwait and Mohammerah' [‎24r] (62/576), British Library: India Office Records and Private Papers, IOR/R/15/1/490, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100023601520.0x00003f> [accessed 18 April 2024]

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