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Coll 17/8(2) 'Shaikh of Koweit's Estates: Date gardens of the Shaikh in Iraq' [‎611r] (1226/1246)

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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. .

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4.
Accordingly on October 18th, 1930, the High Commissioner
addressed a letter to the Iraqi Prime Minister (Paper C) in
wmch he referred to the correspondence of the 19th August and
enclosed a list of ”International Instrument referred to in
"the second paragraph of Article 8 " of the new treaty, in
which the undertakings entered into with the two Sheikhs were
included, with a footnote in the terms which had been agreed
upon. It will be seen, therefore, that while the undertakings
given to the two Sheikhs were never officially communicated to
the Iraqi Government under Article 10 of the 1922 treaty, and
while the communication made in 1927 was in connexion with
negotiations for a new treaty which has never come into force,
the obligations in question were included in the list officially
communicated to the Iraqi Government of the commitments
devolving on Iraq under Article 8 of the 1930 treaty. To this
extent the position of His Majesty’s Government would seem to be
stronger now than it was in 1930, though the effect of this
communication, as showing that the obligations in question have
now devolved upon the Government of Iraq, may be somewhat
weakened by the statement that in the event of the negotiations
for purchase failing (as, in fact, they have so far done), the
question would need to be discussed further between the two
governments.
6 . The reasons put forward in paragraph 5 of the reference
to your predecessors of May 17th, 1930, for suggesting that,
apart altogether from the express provisions oi any treaty,
it might be possible to contend that the responsibility in
respect of these undertakings had devolved on the Iraqi
Government would appear to be unaffected by subsequent
developments.
7. As regards the point suggested in paragraph 8 of that
reference relating to the fact that the Sheikh of Koweit is an
independent sovereign and consequently not subject to the
jurisdiction of the Iraqi courts or authorities, the legal
position/

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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:

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
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Coll 17/8(2) 'Shaikh of Koweit's Estates: Date gardens of the Shaikh in Iraq' [‎611r] (1226/1246), British Library: India Office Records and Private Papers, IOR/L/PS/12/2854, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100056626716.0x00001b> [accessed 13 May 2024]

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