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Coll 17/8(1) 'Shaikh of Koweit: Date Gardens of the Sheikh in Iraq' [‎462r] (928/1452)

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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. .

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18786
7
not hesitate to allege something akin to a conspiracy to de-prive
him of his gardens on political grounds, and the Law Officers
may be of opinion that in these circumstances it is incumbent on
His Majesty’s Government to examine for themselves the basis of
any decision against the Sheikh; and that if, as the result of that
examination, in the course of which opinions would of course be
obtained from experts in Ottoman law, it should be decided that
the decision against the Sheikh is contrary to the justice of the
case, His Majesty’s Government come under a legal obligation to
compensate the Sheikh for property which was then in his posses
sion, but of which on this basis he has been wrongfully deprived.
THE LAW OFFICERS are requested to advise :—
1. Whether having regard to the terms of the under
takings given in 1914, the imposition of the Istihlak tax on
the produce of the date gardens of the Sheikh of Koweit
and the Sheikh of Mohammerah involves any breach of those
undertakings and whether as a result any obligation rests
on His Majesty’s Government to compensate the Sheikhs.
2. Whether His Majesty’s Government are under any
obligation to compensate the Sheikh of Koweit in respect
of any portion of the gardens in the possession of his pre
decessor in 1914 of which he may be deprived in consequence
of a Judgment of the competent Iraqi Courts.
3. Whether it is material for the purposes of the last
question to consider
(a) wffiether the basis of the judgment of the
Iraqi Courts is the failure by the Sheikh to register
certain documents in 1914; that failure having been
admittedly due to the fact that the Sheikh, in
accordance with the wishes of His Majesty’s Govern
ment, refused to declare himself a Turkish subject, or
(b) whether the Judgment of the Iraqi Courts is-
or is not in accordance with the justice of the case;
that is to say whether in the event of His Majesty’s
Government being of opinion that the decision of the
Iraqi Courts is wrong, any liability to compensate the
Sheikh arises.
4. Generally on the case. >
APPENDIX
1 & 2 .
-#
3.
4.
5.
6.
7.
INDEX.
The letters dated 3rd November, 4914 and 21st
November, 1914, from 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. to the Sheikhs containing on
behalf of His Majesty’s Government the under
takings referred to in this Case • ^
Copy Iraqi Law for the collection of “ Istihlak ” or
Land Produce duty:
Memorandum by 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. , Koweit:
Judgment given by the Court of Cassation at Bagh a
in respect of one of the gardens of the Sheikh ol
Memorandum by Mr. E. Alexander, Acting Judicial
Memorandum f^y ^ ^ Commissioner , Iraq.
Letter to the Agent to the Sheikh of Koweit dated
14th June, 1915.

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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
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Coll 17/8(1) 'Shaikh of Koweit: Date Gardens of the Sheikh in Iraq' [‎462r] (928/1452), British Library: India Office Records and Private Papers, IOR/L/PS/12/2853, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100047240764.0x000081> [accessed 24 April 2024]

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