Coll 17/8(2) 'Shaikh of Koweit's Estates: Date gardens of the Shaikh in Iraq' [553r] (1110/1246)
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
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interested Armenian lawyer to
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, and
I am informed ti.iat ministry ol Justice is considering taking
disciplinary action against the plaintiffs without delay on
the grounds of champerty*
There is of course possibility that if the case does
go to hearing and is lost the Sheikh will he able successfully
to claim refund of purchase money but this will involve
considerable delay and expense and play into the hands of the
lawyers on both sides who are interested in prolonging
litigationo
The fact must he faced that Iraqi Government will refuse
to accept any responsibility for pledges given to the Sheikh
unless the case is taken to arbitration and goes against them.
Even then they would take it out of the Sheikh in other ways 0
They hold that pledges given in 1914 had nothing whatever to
do with independence of Iraq hut were designed solely for
protection of India and Anglo-Persian Oil Company's fields.
In spite of law officer 5 s opinion British advisers here are
convinced that arbitration would go against His Majesty s
Government if arbitrator were made cognizant of all the facts 0
You are aware that I am strongly opposed to arbitration on
political grounds whatever the verdict, I remain of opinion
that easiest, quickest and cheapest means of protecting Sheikh
from dispossession is to buy out plaintiffs and whatever sum
may to necessary for this purpose I do not rocommeiid that His
Majesty's Government should agree to guarantee more than
2000 pounds 0
Heither Koweit nor
accounts of losses due
Mohammerah have submitted detailed
to Istihlak taxation hut promise to do
so shortly=
Addressed to Foreign Office Hoc 5 Saving, repeated to
Bushire Ho. 1*
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.
- Written in
- 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