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Coll 25/18 'Orders-in-Council: Qatar: Jurisdiction over foreigners in Qatar' [‎251v] (502/635)

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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.

Transcription

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20 _
Part V.— Mixed Cases : EjawArrS ubjects and Persons Subji|^
to this Order.
(a) Criminal.
51. When a Qatar subject desires to institute
complaint against a person to whom this order applies,or a
person to whom this order applies desires to institute a
complaint against a fatar subject,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
entertain the same and send it to the Joint Court.
■ does —
[ile in
com-
, and
3 ourt,
jf the
it, by
abide
ppeal.
gainst
titute
the
dying
cause
lority
>r the
[ not,
id an
anted
ision.
(b) Civil.
- - (gST
52.(1) When a Tatar subject desires to bring a^it
against a person to whom this order applies,or a person
to whom this order aplies desires to bring a suit against
a Qatar subject,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 admit the com
plaint and refer it to a Joint Court. ^
(2) Nothing herein mention^ 1 shall prevent the
Joint Court from referring any matter in the progress of a
suit which involves a point of Mahommedan law to a Kazi for 4
decision,or from sending any party or witness,being a Mahomm
dan,to a Kazi for the administration of an oath.
20
Part V.—Mixed Cases : K^wait-Subjects and Persons Subj^'
to this Order.
(a) Criminal.
5isr-(l) When any Kuwait subject desires to institute a cc
plaint against a person to whom this Order applies, the Pomical
Agent snhil entertain the same, and shall (a) himself h^ar and
determine nsin his Court, or (b) if both parties are Muhammadans,
refer it, with their consent, to a Qazi for decision, sending a repre
sentative of the\ Agency An office of the British Government and, earlier, of the East India Company. to record briefly the proc^uings. Such
decision, when endorsed by 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. , sjiall for all pur
poses be considered as if it were that of the Couni.
( 2 ) Provided that aMvuwait subject to whom this Order does
not apply shall, if so required by the Court, first obtain and file in
the proper Office of the Court the consenC/m writing, of the com
petent authority on behalf \f the Shadm to his submitting, and
that he shall submit by writirW, to the jurisdiction of the Court,
and, if required by the Court, grv^spmirity to the satisfacion of the
Court, and to such reasonable amount as the Court thinks fit, by
deposit or otherwise, to pay fe^s, o^sts and damages, and abide
by and perform the decision U/be givers by the Court or on appeal.
( 3 ) A cross complaint shall not be brought in the Court against
the complainant, being a/person not subject to this Order.
( 4 ) When a person dznvhom this Order applies desires to institute
a complaint against/a person not subject tc^he said Order, 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. sfiall entertain the same, arai, after satisfying
himself that prima facie grounds for complaint\xist, shall cause
the matter to ire brought before and decided by the n^hest authority
of the ShajMi, or some person specially delegated Dxhim for the
purpose./The proceedings and final decision in a ca\e shall not,
howevp^, be considered legal unless notice has been gi\n and an
opporrunity afforded for 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. or Officer appointed
b/nim for the purpose to attend at the hearing and final decision.
(b) Civil.
52 .— ( 1 ) When any Kuwait subject desires to brijjg a suit
against a persOn-Aq whom this Order applies, tlm^P( 5 Trtical Agent
shall admit the plamt^nd may (a) hearand^etermine the suit
in his Court, or (b) with the. consent^efme several parties, may
refer the case to one or more arbitrators for settlement :
( 2 ) Provided that a Kuwait subjecMd whom this Order does not
apply shall, if requirefl^by the Court, first obtain and file in the
proper Office of tlje^Court the consent, in writing, of the com
petent authonjy^on behalf of the Shaikh, to in^ submitting, and
that he shau submit by writing to the jurisdiction the Court,
anT/Pfequired by the Court, give security to the satisfaction of the
Cdurt, and to such reasonable amount as the Court thinks^t, by
J^posit or otherwise
^rSmd perform the
( 3 ) \rhe award o
this ArtHde shall be f
award shak within
Political Age*fl to b
or is defective/\r tl
or has been guiltySd
( 4 ) A cross suit
plaintiff, being a pei
two conditions of sul
( 5 ) When a pen
institute a suit a;
Order, the Politica
satisfying himself
a suit exist, shall
decided by the high
specially delegated b
final decision in
notice has been
Agent, or Officer app
hearing and/nnal de(
(6) Noting hereii
ferrinm/ny matter ii
of Mdnammadan la^
fy or witness, bei
Ration of an oath.
53. —(1) Where a
obtains, in a Court <
against a defendant,
another suit that def
Order does not apph
on the application c
enforcement of the d
set off any amount d<
suit against any amc
party in the other si
( 2 ) Where a plan
not apply, obtains a
this Order, against t
this Order jointly, a
and the person to v
the Court may, if i
subject to this Orde
pending that other
ordered to be paid
decreed or ordered t

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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.

Written in
English in Latin script
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Coll 25/18 'Orders-in-Council: Qatar: Jurisdiction over foreigners in Qatar' [‎251v] (502/635), British Library: India Office Records and Private Papers, IOR/L/PS/12/3322, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100076249768.0x000069> [accessed 24 June 2019]

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