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Coll 15/3(1) 'Egypt. Abolition of Capitulations in Montreux Conference and Convention 1937' [‎132r] (268/1220)

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

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r ^ ith the trial
r’ t0 Prejudice
^journ the trial
^er the c
! of the c
error or
ars are proved
tolars are not
rrce constituted
it.
:e and the evi-
' off ence or an
y be convicted
y convicted of
eviction for tlie
^vhich the Court
ice of the pre-
may add it at
ions convictiou
cused be asked
alleged in the
lilty to, or beer
the subsequent
oeen previously
usly convicted,
m accordingly,
y convicted, or
the Court shall
>n.
ly provided the
nishment which
i England: pro-
r for life or a
th or penal ser-
fine exceeding
ring offence, in
s • imorisonment or fine, or both, a fine exceeding ten
addition ^to ^ during which the offence continues after
po
conviction. person is sentenced by the Court to suffer
l 2 )"*- 1 wnt of death, the Court shall forthwith send a report
the punisnm ^ ^ Md nu t es an d notes of evidence
ofthesentenc , observations it thinks fit, to the
•- the case, anu j
m nic —- state
Se ?-f cpntence shall not be carried into execution without
l 11 ]. in j of t h e Secretary of State in writing under his hand,
^•nlfthe Secretary of State does not direct that the sentence
N } L parried into execution, or if he subsequently revokes
ofdeatn D ,, , effect, he shall state what punishment in
an y direc i • h t of deat h i s to be inflicted on the person
convicted ^uidthe person convicted shall be so punished
ac ^!’ d !J 1 fhing in this Article shall be deemed to empower the
r 3 t to award for any offence any punishment not authorized
by law in relation to that offence.
■m __(!) The Court may, if it thinks fit, order a person con-
virtedof an offence to pay to any person injured by the offence,
r to t h e dependants of any person whose death has been
nused bv the offence, any sum not exceeding £200 by way of
damages, or, in cases of theft, not exceeding the value of fhe
g0 ?2\ S Damages so ordered to be paid may be either in addition
to or in lieu of a fine, and shall be recoverable in like manner
as a fine.
(a) In any civil action founded on the same facts the Court
shall in awarding damages take into consideration any damages
paid hereunder.
(4) The Court may, if it thinks fit, order a person convicted
before it to pay all or part of the expenses of his prosecution,
or of his imprisonment or other punishment or of both, the
amount being specified in the order. The reasons for making
the order or for refusing an application for such an order shall
be recorded in the Minutes.
112,—(1) Where it appears to the Court that a complaint is
malicious, or frivolous and vexatious, the Court may, if it thinks
fit, order the complainant to pay to the accused a sum not ex
ceeding fifty pounds by way of damages, and in addition to pay
all or part of the expenses of the prosecution, the amount being
specified in the order.
(2) Damages so ordered to be paid shall be recoverable in
like manner as a fine.
(3) On payment of such damages no action shall lie for
malicious prosecution without the leave of the Court.

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' [‎132r] (268/1220), British Library: India Office Records and Private Papers, IOR/L/PS/12/2764, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100062749760.0x000045> [accessed 19 April 2024]

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