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Coll 15/3(1) 'Egypt. Abolition of Capitulations in Montreux Conference and Convention 1937' [125v] (255/1220)
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.
2*1
,v 'a'X v oil
20
On receiving notice of the death the Consular officer shall }
( 2 ) On recei g whQ put up a notice thereof at
1 ffi 0I ?nf h the Court in Alexandria, Cairo and Port Said, and shall
Wn the same there until probate or administration is granted,
nf where It appears to him that probate or administration »ili
not be applied for, or cannot be granted, for such tune as he
thinks fit. _ . . ,
—(i) Where a British subject or British protected person
dies in Egypt or elsewhere intestate, then, unti administration is
grantech his*property in Egypt shall vest in the Judge
(2) In any case where it appears to the Cour that the cir-
rumstances of the case so require, the Court shall, as soon as
nn^Me after his death, take possession of such property within
K o r p ut an y such pro u perty un i er o£ the Court '
3 P h a if the nature of the property or other circumstances
SO reoutre direct an inventory of any such property to be made,
j, t ‘l Wen such property in its possession or under its seal
until such pmpe^ ca P n l dllt with according to law.
55 If any person named executor in a will takes possession ol
and administers or otherwise deals with any part of the property
nf the deceased and does not obtain probate within one month
after the death or after the termination of any proceedings re .
seeding probate or administration, he shall be liable to pay
double the amount of any fees chargeable on obtaining probate,
and he shall also be liable to a fine not exceeding one hundred
pounds.
56 . If any person, other than an executor or an administrator
or ari officer of the Court, takes possession of and administers or
otherwise deals with any part of the property in Egypt of a
deceased British subject or Brrtish protected person, he shall,
unless the Court in the exercise of its discretion otherwise
decides, be deemed guilty of a contempt of Court, and shall
be liable to a fine not exceeding fifty pounds.
57 Where a person appointed executor in a will survives the
testator but either dies without having obtained probate or,
having been called on by the Court to take probate, does nor
appear his right in respect of the executorshrp wholly ceases;
and without further renunciation, the representatron to the
testator and the administration of his property shall go and may
be committed as if that person had not been appointed executor.
58_( I ) Where a British subject or British protected person
dies leaving property in Egypt, any other person having in ms
possession, or under his control, any paper or writing ottte
deceased, being or purporting to be testamentary, shall tortn-
with bring the original to the Court within whose jurisdiction tut
death happens, and deposit it there; and if any such person
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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 View the complete information for this record
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Coll 15/3(1) 'Egypt. Abolition of Capitulations in Montreux Conference and Convention 1937' [125v] (255/1220), British Library: India Office Records and Private Papers, IOR/L/PS/12/2764, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100062749760.0x000038> [accessed 19 April 2024]
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Copyright: How to use this content
- Reference
- IOR/L/PS/12/2764
- Title
- Coll 15/3(1) 'Egypt. Abolition of Capitulations in Montreux Conference and Convention 1937'
- Pages
- front, back, spine, edge, head, tail, front-i, 2r:8v, 10r:13v, 15r:28v, 30r:88v, 92r:140v, 142r:147v, 150r:164v, 167r:182v, 184r:185v, 187r:202v, 205r:212v, 214r:310v, 313r:361v, 436r:439v, 441r:443v, 446r:486v, 489r:503v, 506r:530v, 533r:550r, 552r:589v, 591r:607v, back-i
- Author
- East India Company, the Board of Control, the India Office, or other British Government Department
- Usage terms
- Open Government Licence