Coll 17/8(2) 'Shaikh of Koweit's Estates: Date gardens of the Shaikh in Iraq' [114v] (233/1246)
The record is made up of 1 volume (619 folios). It was created in 17 Jan 1934-22 May 1936. 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. .
Transcription
This transcription is created automatically. It may contain errors.
;
(4) Family claims* This seems definitely a matter for
the Sheikh to fight out with his family, as Col.Fowle
j
suggests.
(5) Claims made to Iraqi Courts. This is the only
real snag so far&s one can see. If the question of
possession is left in the air, and the attempt to get a
valid title to all the gardens from the Iraqi Government
in black and white is abandoned, at any rate for the
present, it is essential that the cases of claimants
against the Sheikh should be kept out of Court. If they
go into Court, they may well go against him, whatever the
merits of his case. He apparently thought he had a
cast-iron case over Bashiyeh, allowed the case to come
into Court and lost. This precedent may make it more
difficult for him to maintain for the future that he is an
independent sovereign and not amenable to the Ira^i Courts
but presumably not impossible. m any case, the Iraqi
Government is presumably able to keep cases out of Courts
if it wishes. The question whether Mr.Hale’s suggestion
respect is feasible is a question which can only be
answered by the Embassy. Subject to their views and to
any comments from India or the Gulf, it seems reasonable
to agree with Mr.Hale that the balance of advantage lies
with leaving the possession question aside and concentrating
on the Compensation question.
As regards compensation, we have to consider
(a) what the Sheikh has already paid and is paying in
taxation;
(b) the future.
The Treasury would like to oav a
P y a lump sum to cover
the whole lot. This seems reasonable, and it must clearly
consist of the actual equivalent of (a) ^ a sum
representing/
About this item
- Content
This volume is a continuation of IOR/L/PS/12/2853. It consists of extensive correspondence, memoranda and reports regarding date garden properties in Iraq owned by the Shaikh of Kuwait, changes to their tax-exempt status, and lawsuits regarding their ownership. Properties owned by the Shaikh of Mohammerah are also discussed in the volume.
The volume opens with correspondence regarding a plan to have the lawsuits against the Shaikh of Kuwait dropped, by paying the plaintiffs to desist. Other topics discussed include: a proposal to allow the Iraqi Government to tax the estates, and for HMG Her or His Majesty’s Government in London. to compensate the Shaikhs of Kuwait and Mohammerah accordingly; difficulties in establishing the exact extent of the Iraq properties owned by the Shaikh of Kuwait; an application by the Basra Port Directorate to take possession of certain land belonging to the Fao property of the Shaikh of Kuwait; and suggestions that the Government of Iraq establish a commission to investigate the ownership and tax status of the properties.
The principal correspondents and authors are: the High Commissioner for Iraq (Francis Henry Humphrys), the Colonial Office, the Foreign Office, 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 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 Boscoe), and HM Ambassador to Iraq (Archibald Clark Kerr). The volume also contains translations of letters received from the Shaikh of Kuwait (Aḥmad al-Jābir Āl Ṣabāḥ), his lawyer (Jacob Gabriel), and the Agent in Iraq to the Shaikh of Mohammerah (Shaikh Khaz'al bin Jābir Mirdāw al-Ka'bī).
The following reports and legal documents appear within the volume:
- Statements of losses sustained by the Shaikh of Kuwait through payment of the Istihlak tax, export duty, and compensating tenants during 1932-1933 and 1934, ff 506-530 and 190-196 respectively.
- Statements of losses sustained by the Shaikh of Mohammerah through payment of the Istihlak tax on his date properties in Iraq, ff 395-397, 399, and 401-403.
- Details of the garden properties which were in the possession of the Shaikh of Kuwait in 1914, and which were included in HMG Her or His Majesty’s Government in London. 's 1914 pledge (Al Mutaawa'ah, Al Faddaghiyeh, Al Farhaniyeh - cum - Kushaishiyeh, Al Fao, and Al 'Ujairawiyeh), ff 348-360.
- Translation of a letter from Jacob Gabriel to the Mutasarrif of Basra, regarding the Port Directorate application, ff 266-268.
- Note on the exempted 'Ujairawiyeh estate, made 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 279-280.
- Reports from 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 on the Shaikh's estae at Fao, including a diagram of the contended plots, and an excerpt from the An Nas newspaper providing details of the boundaries of the estate, ff 74-82.
- Details of the suits brought against the Shaikh in respect of certain land or land rights, including a list of cases to be heard in the Basra Court of First Instance, ff 86-92.
- Historical summary of the case, and proposals made by HM Ambassador to Iraq, ff 9-24.
The file continues with Collection 17/8 part 3, reference IOR/L/PS/12/2855.
The volume includes dividers which give lists of correspondence references contained in the volume by year. These are placed at the end of the correspondence (folios 4-5).
- Extent and format
- 1 volume (619 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 621; 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. An additional foliation sequence is present in parallel between ff 4-618; these numbers are also written in pencil, but are not circled.
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- English in Latin script View the complete information for this record
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- Reference
- IOR/L/PS/12/2854
- Title
- Coll 17/8(2) 'Shaikh of Koweit's Estates: Date gardens of the Shaikh in Iraq'
- Pages
- front, back, spine, edge, head, tail, front-i, 2r:39v, 43r:58v, 64r:80v, 83r:90v, 93r:173v, 175r:178v, 184r:189v, 197r:209v, 214r:255v, 257r:265v, 269r:277v, 279r:332v, 334r:346v, 348r:394v, 398r:398v, 400r:400v, 404r:451v, 453r:488v, 506r:511v, 530r:620v, back-i
- Author
- East India Company, the Board of Control, the India Office, or other British Government Department
- Usage terms
- Open Government Licence