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Coll 25/18 'Orders-in-Council: Qatar: Jurisdiction over foreigners in Qatar' [‎11r] (21/635)

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The record is made up of 1 file (314 folios). It was created in 18 Jul 1935-8 Jun 1935. 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.

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15
Paut IV.—Civil Matters.
33.—(i) Subject to the other provisions ot this Order, the Code of
Civil i loeedme and the other Indian enactments relating to the udniinis-*
tiauon oi civil justice ana to insolvency and bankruptcy, shall have
etiect as if Qatar were a district in the Province of Bombay. The Politi-
• cai Agent shall be deemed to be the District Judge, and liis Court shall
be deemed to be the District or Principal Civil Court of Original Jurisdic
tion m the distiict, the Judicial Assistant to the Political liesident shall
lie deemed to be an additional District Judge, and his Court shall be
deemed to be an additional District Court oi Original Civil Jurisdiction;
the Couit of the I olitical liesident shall be deemed to be the highest
t i\il Couit of Appeal for the district, and the Court authorised to hear
appeals tiom the decisions of the District Court; and the powers both of
the Central Government and the Provincial Government under those
enactments shall be exercisable by the Secretary of State or, with his
previous or subsequent assent, by the Governor-General of India in
Council.
(2) Any jurisdiction exercisable by the Chief Court under this Order
in civil matteis may be exercised by the Judge of that Court, either wilhin
the limits of this Order or elsewhere.
39. When a suit between persons to whom this Order applies is filed
in the Political Agency An office of the British Government and, earlier, of the East India Company. , 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. shall enquire from the
several parties whether they desire that proceedings shall be instituted
in accordance with the Code of Civil Procedure and the Indian enact-
nients made applicable to Qatar, or in accordance with local usage, and
shall record their replies.
40. When any of the several parties desire that the suit shall be deter
mined in accoi dance with the Gode of Civil Procedure and other enact
ments made applicable to Qatar, the District Court -shall forthwith
proceed to decide the suit in accordance with the provisions of such enact
ments, as far as local conditions permit.
Nothing in this article shall prevent the District Court frorfi referring
any matter in the progress of a suit which involves a point of Muharm
mad an law to a Qazi for a decision, or from sending any party or witness,
being a Muhammadan, to a Qazi for the administration of\an oath; or
from referring any matter in the progress of a suit between parties belong
ing to the same community which, in the discretion of the Court, is a fit
and proper subject for the decision of the local leaders of that community,
to a punch or jama’at of the leaders of such community; or, in commercial
cases, from referring any matter in the progress of a suit which, in the
discretion of the Court, is a fit and proper subject for the decision of the
principal local merchants to a majlis or jama’at of such merchants.
41-—(1) The Foreign Jurisdiction (Admiralty) Order in Council A regulation issued by the sovereign of Great Britain on the advice of the Privy Council (in modern practice, upon the advice of government ministers). ,
1910,(a) shall apply to Qatar, and the Chief Court shall have the juris
diction conferred by Article 4 of that Order, and the District Court shall
be deemed to be a Provincial Court, and the Registry thereof a District
Registry within the meaning of the said Order.

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Content

Correspondence, minute papers, and notes relating to the issue of The Qatar Order in Council A regulation issued by the sovereign of Great Britain on the advice of the Privy Council (in modern practice, upon the advice of government ministers). , 1939. The correspondence is mostly between officials at the Foreign Office, 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. , Political Residency A diplomatic office of the British Government established in the provinces and regions considered part of, or under the influence of, British India. in the Persian Gulf Historically used by the British to refer to the sea area between the Arabian Peninsula and Iran. Often referred to as The Gulf or the Arabian Gulf. , and the Government of India, Foreign and Political Department (later, External Affairs). The papers concern the discussion of the need for the order, its drafting, issue, and distribution, as well as its revision in 1939.

Correspondence with the Shaikh of Qatar, Abdullah bin Jassim Al Thani [Shaikh ‘Abdullāh bin Jāsim Āl Thānī], is also included and mostly relates to his wish for assurance of his jurisdiction over Muslim foreigners.

A copy of the order is found on folios 138-153. A copy of the Kuwait Order in Council A regulation issued by the sovereign of Great Britain on the advice of the Privy Council (in modern practice, upon the advice of government ministers). is also included, for reference purposes (folios 271-86).

Extent and format
1 file (314 folios)
Arrangement

The file is arranged in chronological order from the back to the front.

Physical characteristics

Foliation: the foliation sequence (used for referencing) commences at the inside front cover with 1, and terminates at the last folio with 317; 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. Two additional foliation sequences are also present in parallel between ff 2-103 and ff 104-316. These are also both written in pencil and located in the top right corner of each folio. The former have been circled and crossed out, the latter have not been circled.

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English in Latin script
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Coll 25/18 'Orders-in-Council: Qatar: Jurisdiction over foreigners in Qatar' [‎11r] (21/635), British Library: India Office Records and Private Papers, IOR/L/PS/12/3322, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100076249766.0x000018> [accessed 15 September 2019]

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