Skip to item: of 1,452
Information about this record Back to top
Open in Universal viewer
Open in Mirador IIIF viewer

Coll 17/8(1) 'Shaikh of Koweit: Date Gardens of the Sheikh in Iraq' [‎291r] (586/1452)

This item is part of

The record is made up of 1 volume (721 folios). It was created in 17 Aug 1932-31 Jan 1934. It was written in English 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. .

Transcription

This transcription is created automatically. It may contain errors.

Apply page layout

(5^) ^
2 .
in rood faith in conformity with instructions issued by the
Conmnder-in-Chief of His Britannic Majesty’s forces in ’Iraq,
the Civil Commissioner, the High Commissioner, the Government
of His Majesty King Faisal, or by any official duly authorised
thereunto, whether in a military or civil capacity, with a
view to the suppression of hostilities, the estab 1 ishment and
consolidation of order and public security, or the
carrying out of orders issued in accordance with martial la?/
between 5th November, 1914, and the date of the coming into
force of the Constitution. Every act referred to in this
article shall be considered to have been done in good faith,
unless the complainant can furnish proofs to the contrary.
Any action or judicial proceeding with regard to any such act
shall not be entertained and shall be considered null and void
in the absence of such proof brought forward by the complainant..
Article 116
All judgments passed in Civil and Chara* actions
by the Ottoman Courts before the occupation by His
Britannic Majesty’s forces, and likewise judgments passed in
Oivil and Shara 1 actions by the Courts set up after the said
occupation, or by Political and Assistant Political Officers,
m matters which came within their jurisdiction, shall be
considered to have been given by the regularly constituted
Courts of ’Irac.
Art jq 1.3 _J._17.
All judgments and decisions in criminal matters
given by the Courts set up after the occupation by His
Britannic Majesty’s Forces or by Courts-martial, Military
^ourbg or by any Military Governor or Political or Assistant
Political Officer or other officials authorised to tin/
criminal

About this item

Content

The volume consists of extensive correspondence, memoranda and reports regarding the Faddaghiyeh Estates of the Shaikh of Kuwait, changes made to their tax-exempt status, and lawsuits regarding their ownership.

The records provide details of the lawsuits brought against the Shaikh of Kuwait in the Iraqi courts by the heirs of the previous owners of the Bashiyeh and Faddaghiyeh properties. These rested on claims that the original sales were not correctly registered with the Tapu Department under the old Ottoman Law, as the Shaikh had refused to take out Turkish nationality papers. The file also concerns changes to the tax-exempt status of the date gardens, following the instigation of the Istihlak tax by the Government of Iraq. Questions arose as to whether the Government of Iraq was obligated to guarantee the tax-exempt status originally granted by HM Government ( HMG Her or His Majesty’s Government in London. ), and whether HMG Her or His Majesty’s Government in London. was obligated to compensate the Shaikh for loss of revenue. The correspondence on file primarily concerns attempts by British Officials to defend the Shaikh's status as owner of the date gardens, and discussions about possible compensation.

The principal correspondents and authors are: the High Commissioner for Iraq (Francis Henry Humphrys), the Colonial Office, the Foreign Office, 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. , Kuwait (Harold Richard Patrick Dickson), 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. (Hugh Vincent Biscoe), HM Ambassador to Iraq, HM Counsellor to HM Embassy, Iraq (Sir George Arthur Ogilvie-Forbes), and the Legal Secretary to the High Commissioner for Iraq (John Harry Barclay Nihill). The volume also contains translations of letters received from the Shaikh of Kuwait (Aḥmad al-Jābir Āl Ṣabāḥ), his Basra Agent (Abdul Aziz as Salim al-Badr), his lawyer (Jacob Gabriel), and the Government of Iraq.

The following reports and legal documents appear within the volume:

  • Memorandum prepared by the Judicial Advisor to the High Commissioner for Iraq (G Alexander), regarding attempts made to deprive the Shaikh of Kuwait of certain of his date gardens, ff 658-679.
  • Translation of judgement No. 77/930, issued on 30th December 1931 by the Court of First Instance, Basrah; and translation of decree No. 66/932 dated 9 May 1932, issued by the Court of Appeal, Baghdad, for service on the Shaikh of Kuwait, ff 634-644.
  • Short histories of the Shaikh of Kuwait's Bashiyeh and Faddighiyeh gardens on the Shatt al Arab from the time of their purchase to date, written 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. , Kuwait, ff 621-629.
  • List of persons to be served with legal documents from the Court of First Instance, Basrah, f 533.
  • 'The Date Gardens in Iraq of the Sheikhs of Koweit and Mohammerah. Scope of Undertakings given by HM Government in 1914. Case for the Opinion of the Law Officers of the Crown, and Opinion Thereof', ff 458-476.
  • Explanatory notes with accompanying sketch map of the Faddaghiyeh Estate, ff 205-209.
  • English translations of the four Tapu deeds connected with the Faddaghiyeh Estate dispute (deeds originally dated August 1915), ff 90-99.
  • Copy power of attorney document, written in Turkish, issued by the TC Asliye Mahkemesi Altinci Hukuk Dairesi 6 [Turkish Republic Civil Court of First Instance, 6th Law Department] on the 15 Ramandan 1326 [1908] in favour of Ahmet Pasha An Ottoman title used after the names of certain provincial governors, high-ranking officials and military commanders. Kazim Azzubair, ff 78-80.

The file continues with Collection 17/8 part 2, reference IOR/L/PS/12/2854.

The volume includes dividers which give lists of correspondence references found within the volume by year. These are placed at the end of the correspondence (folios 4-5).

Extent and format
1 volume (721 folios)
Arrangement

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

Physical characteristics

Foliation: the main foliation sequence (used for referencing) commences at the inside front cover with 1, and terminates at the inside back cover with 723; 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. Two additional foliation sequences are also present in parallel between ff 4-721, and ff 695-721; these numbers are also written in pencil, but are not circled.

Written in
English and Turkish in Latin script
View the complete information for this record

Use and share this item

Share this item
Cite this item in your research

Coll 17/8(1) 'Shaikh of Koweit: Date Gardens of the Sheikh in Iraq' [‎291r] (586/1452), British Library: India Office Records and Private Papers, IOR/L/PS/12/2853, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100047240762.0x0000bb> [accessed 25 April 2024]

Link to this item
Embed this item

Copy and paste the code below into your web page where you would like to embed the image.

<meta charset="utf-8"><a href="https://www.qdl.qa/en/archive/81055/vdc_100047240762.0x0000bb">Coll 17/8(1) 'Shaikh of Koweit: Date Gardens of the Sheikh in Iraq' [&lrm;291r] (586/1452)</a>
<a href="https://www.qdl.qa/en/archive/81055/vdc_100047240762.0x0000bb">
	<img src="https://iiif.qdl.qa/iiif/images/81055/vdc_100000000602.0x00018b/IOR_L_PS_12_2853_0586.jp2/full/!280,240/0/default.jpg" alt="" />
</a>
IIIF details

This record has a IIIF manifest available as follows. If you have a compatible viewer you can drag the icon to load it.https://www.qdl.qa/en/iiif/81055/vdc_100000000602.0x00018b/manifestOpen in Universal viewerOpen in Mirador viewerMore options for embedding images

Use and reuse
Download this image