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'File 53/11 V (D 79) Date Gardens in Irag [Iraq] of the Shaikhs of Mohemmarah and Kuwait' [‎61r] (131/516)

The record is made up of 1 volume (266 folios). It was created in 23 Jul 1931-27 Aug 1932. 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. .

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— O'
jr
y last Jay. But the question was on what basis this lump sum was
now t o be computed in view of the introduction of the new laws.
The actual wording of the pledges given to the Sheikhs in 1914,
was that their date gardens on the Turkish side of the Sha t t-el-Ara b
shoul^ remain in i ul 1 po sse ssion of you and your hei rs and immune
from taxation”. It was pointed out that taken literally, this
pledge was impossible of fulfilment in perpetuity. It was, for
example , inco ncei va ole oha t His Majesty’s Government would always
in practice be able to ensure that certain property in Iraq should
for ever remain in possession of the heirs of the two Sheikhs.
Similar considera ti ons might be held to apply to the idea of
perpetual immunity 1 rom taxation. On tne whole a lump sum re ore sent*
ing say 20 years’ purchase could reasonably be held to meet the
case. In tnis connection, however, Sir J’rancis Humphrys stated that
in all tne circumstances of the case he had not visualised more than
or at the very outside lb years, purchase. The new law
~ i —i i.
would abolish the direct land tax on date gardens and this fact
would materially reduce the figure which His Majesty’s Government
would have to offer to the Sheikhs in return for the termination of
all liability under its pledges, but there was little doubt that
on surplus dates or on dates exportable to Kuwait for consumption,
indirect payment in some lorm or otuier would have to be made by
the owners of the gardens. In this connection, however, Mr.
Trickett made it quite clear that the Treasury would not agree that
any excise duty or any indirect effect of the Istihlak tax on the
purchase price of the dates could be regarded as coming under the
terms oi the 1914 pledge and forming a subject for compensa ti on.
There would also be a water rent amounting to .-£3,000 per annum and
possibly other taxes of v/hich we at present had no information.
He added that as regards the number of years’ purchase to be taken
in assessing any compensation, he considered twenty years altogether
excess! ve.
The

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Content

This file contains correspondence between British officials regarding date gardens in southern Iraq owned by the rulers of Mohammerah and Kuwait. The correspondence discusses changes in legislation proposed by the Government of Iraq regarding the collection of land rent and land produce duties, and the impact of these proposed changes on the Ruler of Kuwait (Shaikh Aḥmad al-Jābir Āl Ṣabāḥ). Copies of this legislation are contained in the file on folios 30-52.

Correspondence in the file explains that in November 1914, the British authorities had given a letter to the shaikhs of Mohammerah and Kuwait promising them perpetual exemption from taxation on their date gardens in Iraq in return for their assistance against the Ottoman Empire (f 177). Much of the correspondence in the file discusses whether or not this assurance previously given to the Shaikh can be upheld and how the British should react to the Iraqi Government's desire to tax the produce that is grown on Shaikh Ahmad's land and then exported to Kuwait. The broader regional implications of the issue are also discussed at length.

The file also contains details regarding a legal case brought against Shaikh Ahmad by members of the Al Zuhair family regarding the ownership of some of his date gardens in Iraq.

Extent and format
1 volume (266 folios)
Arrangement

The papers are arranged in approximate chronological order from the front to the rear of the file.

Physical characteristics

Foliation: the foliation sequence (used for referencing) commences at the first folio with 1 and terminates at the last folio with 244; these numbers are written in pencil 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. The foliation sequence does not include the front and back covers, nor does it include the leading and ending flyleaves. The sequence contains 14 foliation anomalies, 1a, 1b, 3a, 8a, 18a, 80a, 85a, 100a, 160a, 160b, 160c, 184a, 198a and 198b.

Written in
English in Latin script
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'File 53/11 V (D 79) Date Gardens in Irag [Iraq] of the Shaikhs of Mohemmarah and Kuwait' [‎61r] (131/516), British Library: India Office Records and Private Papers, IOR/R/15/1/487, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100079296710.0x000084> [accessed 24 April 2024]

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