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Coll 6/93(1) 'SYRIA: Mixed Courts in Syria (Notes to and from the Syrian Government)' [‎43r] (85/109)

The record is made up of 1 file (53 folios). It was created in 24 Sep 1946-29 May 1947. It was written in English. 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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J*
FILE COPY.
(E 9550/491/89)
EXT
6666
I.nniediate
FOREIGN OFFICE, S.W.l.
25 th September, I 946 .
y
Dear Shannon, • .
(Jlaj
irth reference to our a6bversation of
tlio-24th &optembcir I now ©ftelos^ voopies ^ of the
draft exchange of notes which It ftKipropoaep that
His majesty's Minister at Beirut should exchange
with the Syrian Ooveinment providing for (a) the
termination of cases at present pending eefore the
Syrian mixed courts as previously constituted and
(b) the application to British subjects in Syria
of their national law in all cases of personal
status.
2. -Bri©fly, the bacground to this question
-la__aja^Xo4rlowa« Under the French ziandate in
Syria and the Lebanon, cases concerning the rights
and property of foreigners mere dealt with by "mixed
courts”. In these courts there were usually two
French judges and one local judge and the proceedings
were held in French. The functioning of these courts
was specifically provided for under article 5 of the
mandate and/fc/b f do not contest the view of the local
governments theft they expire with the .andate, (-the-
y Brians, unlike the Lebanese threatened ^(5
>/ them ©.tralght away), on the other hand/wyhave
never renounced the capitulatory rights which, with
other powers,/We have possessed in the territories

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Content

This file relates to the abolition of the mixed courts system that existed under the French Mandate in Syria and Lebanon (a system whereby cases concerning the rights and properties of foreigners were processed by courts usually consisting of two French judges and one local judge, with the proceedings being conducted in French).

The file's principal correspondents are the following: His Majesty's Ambassador in Washington (Archibald Clark Kerr, referred to in the correspondence as Lord Inverchapel); the Secretary of State for India (Frederick William Pethick-Lawrence); the Syrian Ministry of Foreign Affairs; officials of the Foreign Office, the Dominions Office, and the British Legation at Damascus.

In addition to correspondence, the file includes copies of translations of two decrees passed by the Lebanese Government. The first, dated 31 December 1946, confirms the abolition of the mixed courts system and the second, dated 9 January 1947, lays out changes to the structure of the country's courts and judiciary.

The file includes a divider which gives a list of correspondence references contained in the file by year. This is placed at the back of the correspondence (folio 2).

Extent and format
1 file (53 folios)
Arrangement

The papers are arranged in approximate chronological order from the rear to the front of the file.

Physical characteristics

Foliation: the foliation sequence (used for referencing) commences at the inside front cover with 1, and terminates at the last folio with 54; these numbers are written in pencil, are circled, and are located in the top right corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. side of each folio. A previous foliation sequence, which is also circled, has been superseded and therefore crossed out.

Written in
English in Latin script
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Coll 6/93(1) 'SYRIA: Mixed Courts in Syria (Notes to and from the Syrian Government)' [‎43r] (85/109), British Library: India Office Records and Private Papers, IOR/L/PS/12/2167, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100041989013.0x000058> [accessed 28 March 2024]

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