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Coll 15/3(1) 'Egypt. Abolition of Capitulations in Montreux Conference and Convention 1937' [‎125r] (254/1220)

The record is made up of 1 volume (606 folios). It was created in 31 Dec 1936-18 Apr 1939. 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.

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rt raa - v ’ »f<fl
bom the da,,
j n< f >Upio.
na<1 originally
92<>.( a ) byfc
the principles
me being:-
* e ct as a domi.
ypt" shall be
Vales”; |
lYPt in relation
ted persons tbe
^igh Court ami
Schedule to tbe
Children Act,
1 jurisdiction on
ish law for tie
t for the wori
dtuted the wore
make
legistrar-Genen!
adoption order;
er register main-
/here the person
j connected with
Majesty’s sever-
nandate, to tbe
hat territory’.
; admit, exerdse
s 9 (i) and |i
ie custody and
• the time beinj
ige or Judges :
\j\ sign manni;
f of the estates of
be exercised in
tisions of Part H
17 (ko. 5. c. 20
19
.0 Vnthinff in this Order shall affect the operation in Egypt
48. INUUUllb ^ __ L . (a\
yt the Foreign Jurisdiction (Probates) Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , i 935 -( a )
° iq \ British subject or a British protected person may in his
aenosit for safe custody, in the Court, his own will,
sealed up under his own seal and the seal of the Court.
HO — (1) The Court shall, so far as circumstances admit, exer-
■ in cases within its jurisdiction under Articles 9 (1) and
clse L of, all such jurisdiction as for the time being belongs to
High' Court in England in matters of probate and the
administration of the estates of deceased persons.
(2) The Registrar shall have power to grant probate or
administration where there is no contention respecting the right
to the grant.
hi The Registrar shall further have power to grant probate or
iJp-i of administration in cases where the right to the grant is
disputed but it appears from the affidavit filed under Article 8
n the Foreign Jurisdiction (Probates) Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , 1935,
that the value of the estate does not exceed five hundred pounds.
51 Probate or letters of administration granted under this
Order shall have effect over all the property of the deceased
within Egypt, and shall effectually discharge persons dealing
with an executor or administrator thereunder, notwithstanding
that any defect afterwards appear in the grant.
52— (1) Where a Court of Probate in the United Kingdom
or in'any part of His Majesty’s dominions or in any British pro
tectorate or protected State or in any territory in respect of which
a mandate on behalf of the League of Nations is exercised by
His Majesty has granted probate or administration or confirma
tion in respect of the estate of a deceased person, the probate,
administration or confirmation so granted, or a copy thereof
certified as correct by or under the authority of the Court grant
ing the same, may, on being produced to, and a copy thereof
deposited with the Court, be sealed with the seal of that Court,
and thereupon shall be of the like force and effect and have
the same operation as if granted by that Court.
(2) The Court may, if it thinks fit, on the application of any
creditor, require before sealing, that adequate security be given
for the payment of debts due from the estate to creditors residing
in Egypt.
53— (1) Each Consular officer shall endeavour to obtain,
as early as may be, notice of the death of every British subject
or British protected person dying within his district, whether
resident therein or not, and all such information respecting his
affairs as may serve to guide the Court with respect to the
securing and administration of his property.
(a) S.R. & O. 1935 (No. 896) p. 522.
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About this item

Content

The volume comprises telegrams, despatches, letters, correspondence, memoranda, notes and Parliamentary questions relating to the 1937 Montreux Conference on the abolition of capitulations in Egypt. These capitulations had created extra-territorial jurisdiction for many foreign powers in Egypt, including Britain, France, Italy and Belgium. This negotiation of the revision of the capitulations was one of the provisions of the 1936 Anglo-Egyptian Treaty.

The correspondence in the volume relates mainly to British interests and negotiating issues as well as the difference between British subjects, British protected persons and citizens; errors in some of the drafting and how these mistakes should be rectified, and the process of ratification of the convention by all parties concerned including the Egyptian Government and the governments of the Dominions.

Included in the volume are the following documents:

  • a printed copy of the 'Statutory Rules and Orders, 1937 No. 936 FOREIGN JURISDICTION The Egypt Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , 1937' (ff 116-139)
  • a printed report (ff 295-312) to Secretary of State for Foreign Affairs, Antony Eden, on the proceedings of the Montreux Conference for the abolition of Capitulations in Egypt
  • 'Egypt No. 1 (1936) Treaty of Alliance between His Majesty, in respect of the United Kingdom and his Majesty the King of Egypt ... Convention concerning the Immunities and Privleges to be enjoyed by the British Forces in Egypt, London, August 26, 1936' (Cmd. 5270) (ff 574-589)
  • 'Instruments signed at Montreux on May 8th, 1937' and 'Report on the Convention regarding the abolition of capitulations ...' (in French and English) (ff 363-435)
  • a printed memorandum 'Procedure for Giving Effect to Capitulations: Provisions of Anglo-Egyptian Treaty' (ff 590-601)

The volume features the following principal correspondents: the Secretary of State for Foreign Affairs (Anthony Eden); HM High Commissioner to Egypt and Sudan (Sir Miles Wedderburn Lampson); the Secretary of State for Dominion Affairs, Dominions Office; Under-Secretary of State for Dominion Affairs, Dominions Office; President of the Council of Ministers, Cairo (Mustapha El-Nahas).

The volume includes a divider which gives a list of correspondence references contained in the volume by year. This is placed at the back of the correspondence.

Extent and format
1 volume (606 folios)
Arrangement

The papers are arranged in rough chronological order from the rear to the front of the volume.

Physical characteristics

Foliation: the foliation sequence (used for referencing) commences at the inside front cover with 1, and terminates at the inside back cover with 608; 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.

Written in
English in Latin script
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Coll 15/3(1) 'Egypt. Abolition of Capitulations in Montreux Conference and Convention 1937' [‎125r] (254/1220), British Library: India Office Records and Private Papers, IOR/L/PS/12/2764, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100062749760.0x000037> [accessed 18 April 2024]

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