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Coll 17/8(1) 'Shaikh of Koweit: Date Gardens of the Sheikh in Iraq' [‎719r] (1442/1452)

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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.

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Translation of a letter Bo#11/478 dated the 22nd dafar
1931 (26th June 1932) from His xcellency the Euler of Kuwait,
Kuwait, to 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#
Along with our letter lio#H/475 dated the 11th dafar 1351
(15th June 1932) we forwarded to you a copy of the report
submitted by our agent Abdul Aaia bin Halim al-Badr which
showed how the M Paddaghiyeh H properties had been bought.
Ho doubt you have become aware of the result of the suit
filed by Hafioh bint Ali Pasha as-Huhair, Indeed, I am dis
pleased with the treatment of the Iraq Government towards me
in this connection, as the piece of pal^-tree land, which is
named the "Bashlyeh* and against which the claim has been
raised, already belonged to the heirs of Ali Pasha ajs-^uh&tr,
and its sixth share fell to Ahmad Pasha az-^uhair by in
heritance from hie mother Fatimah bint Jasim al-Mishari, and
it was sold to my late grandfather Shaikh Mubarak by Shafiqah
bint Abdul Hafidh, wife of Ali Pasha az-Auhair.
She sold this piece of land on behalf of herself, and by
virtue of her guardianship over her (minor) sons, according
to a deed issued by the ahar* Court at Basrah and she had been
authorised to sell it according to a permit issued by the t Shar*
Court at Basrah on the 2nd Muharram 1327#
Just when the fees were being paid and the transactions
completed, an order was received from the office of the
Imperial Registers (Constantinople) to the effect that it
should be mentioned in the fapu documents that Shaikh Mubarak
and his offspring were Ottoman subjects#
Owin w to this condition the transfer transactions were
all stopped, as my late grandfather was on his guard against
this very condition# He therefore wrote to Sir Percy Cox
requesting his advice on the case, and the latbrx
that he had reported the matter to His Majesty* s Government,

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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 Historically used by the British to refer to the sea area between the Arabian Peninsula and Iran. Often referred to as The Gulf or the Arabian Gulf. (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 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' [‎719r] (1442/1452), British Library: India Office Records and Private Papers, IOR/L/PS/12/2853, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100047240767.0x00002b> [accessed 14 December 2019]

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