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File 2/5 X 'SHAIKH'S DATE GARDENS' [‎174r] (352/592)

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The record is made up of 1 volume (292 folios). It was created in 2 Jul 1938-17 Jan 1939. 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.5S90/38
S. 32453/16
I-B-S- A S J R v
S.w.l
Dear Crosthwaite,
24th Augiast 1938.
You rang up a few days ago to ask if we were now in
a position to indicate what sum should be offered to the Shaik*
of Kuwait in respect of the Istihlak taxation on the produce
of his date-gardens in Iraq.
You will recollect that it was agreed tentatively
at the meeting on 21st April last as regards the method of
calculating compensation that a single payment should be made and
that the amount of payment should be arrived at by adding to
, «.cLuajL losses since 1932 sums sufficient to bring in an income
equivalent to the average of the annual losses on the assumption
that the sum would be invested at the best rate of interest
obtainable with good security in the neighbourhood of the
Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. *
3. In agreeing to this arrangement Hale reserved the
right to consider the position further in the light of pension
commutation practice and any other relevant precedents.
Subsequently in his letter to Baggallay of 12th May, 1938 he
drew attention to the contingencies which must be taken into
account in dealing with our obligations to the Shaikh*s and
suggested that the proper course in the circumstances would be to
offer a sum which should be the same number of years’ purchase
of the average loss of the last five years as that which the sum
which the purchaser of the gardens would offer JrS of the average
profits over the same period. Interest rates in Iraq and the
Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. regions were to be taken as a guide as to what
number of years purchase should be taken for calculation
M. Crosthwaite, Ssq.,
Foreign Office.
purposes

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Content

This volume is a continuation from IOR/R/15/5/148. It contains correspondence, memoranda and legal papers regarding law suits brought against the Shaikh of Kuwait [Aḥmad al-Jābir Āl Ṣabāḥ] by the heirs of the former owners of the Al Faddaghiyeh, Al Bashiyah and Al Fao properties. The papers discuss the provision of legal assistance for the Shaikh of Kuwait, the progress of the various lawsuits, the felling of date trees on the Fao land, and attempts by the Shaikh's representatives to have the ownership of the garden properties settled under the Iraqi Land Settlement Law. The papers also concern the question of compensation to be paid to the shaikhs of Kuwait in respect of a) property potentially lost through litigation, and b) income lost through the imposition of Istihlak tax.

The volume primarily consists of correspondence between 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. in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. , the Foreign Office, 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. Political Department, the Treasury, 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. at Kuwait, and HM Ambassador to Iraq. It also contains letters received from the Shaikh of Kuwait (Shaikh Aḥmad al-Jābir Āl Ṣabāḥ), the Shaikh's son and acting representative in Basra (Shaikh Muḥammad Āl Ṣabāḥ), and the Shaikh's lawyers, Ahmed Rushidi Bey [Aḥmad Rashīdī Bey] and Abdul Jalil Partu, as well as copies of outgoing letters to them.

The volume contains the following case notes and legal documents:

  • Translation of a reply to the Plaintiff's Counsel's Note, submitted by Ahmed Rushidi Bey to the Basra Court of Instance, ff 28-39.
  • Minutes of a meeting held at the Foreign Office on 21 April 1938 regarding the date garden properties of the Shaikhs of Kuwait and Mohammerah, ff 71-90.
  • Print of the Land Settlement Law No. 29 of 1938, taken from the Iraqi Government Gazette, ff 150-154.
  • English and Arabic copies of the Judgement of the Basra Court of Instance in suit No. 373/1932, ff 198-206.
  • English translation of the Judgement of the Court of Cassation, in its capacity as a Court of Appeal, regarding five Aranas situated in the Tel Kaif village, ff 216-218.

The file continues under reference IOR/R/15/5/150.

Extent and format
1 volume (292 folios)
Arrangement

The papers are arranged in rough 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 294; 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. An additional foliation sequence is present in parallel between ff 6-289; 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 X 'SHAIKH'S DATE GARDENS' [‎174r] (352/592), British Library: India Office Records and Private Papers, IOR/R/15/5/149, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100082426557.0x000099> [accessed 28 March 2024]

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