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'File 2/5 VIII Shaikh’s Date Gardens.' [‎141r] (286/646)

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The record is made up of 1 volume (319 folios). It was created in 2 Jul 1936-10 Mar 1938. It was written in English and Arabic. 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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P.Z.4184/37.
j'ly
NO DISTRIBUTION.
Telegram (en clair) from Sir A. Clark Kerr (Bagdad)
31st May, 1937.
D. 31st May, 1937.
R. 7th June, 1937.
No.59. SAVING.
1 . Minister for Foreign Affairs is again raising the
question of our refusal to serve on the Shaikh of Koweit
documents concerning actions brought against him in respect
of properties now in his possession in Basra (I have little
doubt that these are the old Faddaghiyah cases, see
paragraph 1 of my despatch No.70 of February 8 th, 1936).
2, 1 have replied orally that best way to d eal with
matter and to safeguard all rights is to adopt land
settlement procedure set out in Bateman’s letter No.347
of July 8 th, 1936.
Minister for Foreign Affairs retorts that he has
no hope of being able to persuade the Prime Minister to
agree to these proposals so long as the Shaikh o± Koweit
refuses to t ake effective measures to stop smuggling.
(There is fresh irritation on this point as Iraqi
Government strongly suspect that rifles are being sent
from Koweit to Euphrates trioes).
4 . If I now take the line indicated in your despatch
No.262 of April 27th 1936, Iraqi Government will probably
reply by amending law in such a manner as to provide a
legal method of proceeding with cases without service of
documents or by substituted service. I need not enlarge
on difficulties to which this would give rise. On the
other hand, if His Majesty’s Government oppose such action

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Content

The volume contains correspondence related to the date gardens owned by the Shaikh of Kuwait, Aḥmad al-Jābir Āl Ṣabāḥ, in southern Iraq. In particular, the correspondence concerns the service of judicial documents emanating from the Iraqi Government on the Shaikh of Kuwait in connection with his ownership of the gardens. 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. , Bushire, together with 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. in Kuwait and the British Ambassador in Baghdad mediate the talks between the Shaikh of Kuwait and the Iraqi Ministry for Foreign Affairs in order to resolve the issue.

The volume includes correspondence from 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. and the Foreign Office discussing the issue of the Iraqi Government considering part of the Shaikh’s land as mowat (land which is not cultivated because it is not cultivable), and therefore, to be confiscated by the state. The volume also includes correspondence from the Shaikh of Kuwait complaining against the Iraqi Government for putting obstacles in the way of his agents and officials administrating his properties. Upon request, the Shaikh provides a list of names of the heirs of Shaikh Mubarak who have rights to the date gardens.

British Officials discuss a few other issues including: the court case disputing the Shaikh’s ownership of the date gardens having been prosecuted by the heirs of Ali Pasha An Ottoman title used after the names of certain provincial governors, high-ranking officials and military commanders. Al-Zuhair at the Court of Basra, the cancellation of the attorney given by the Shaikh of Kuwait to his pleader in Basra, Abdul Jalil Partu, the suggestion of appointing an Egyptian lawyer to plead for the Shaikh at court, the importance of the Shaikh’s cooperation in taking anti-smuggling measures, the Iraq Land Settlement Law, and the British Government’s proposals for a comprehensive settlement of the date gardens issue.

Extent and format
1 volume (319 folios)
Arrangement

The papers are arranged in approximate chronological order from the front to the rear 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 321; 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. Three additional foliation sequences are also present in parallel between ff 6-316, ff 69-199, and ff 242-316; these numbers are also written in pencil, but are not circled.

Written in
English and Arabic in Latin and Arabic script
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'File 2/5 VIII Shaikh’s Date Gardens.' [‎141r] (286/646), British Library: India Office Records and Private Papers, IOR/R/15/5/147, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100066165516.0x000057> [accessed 18 April 2024]

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