having been duly authorised, met together this 25th day of March, 1924, corresponding to the 19th day of Sha'ban, 1342, in order to sign the following Agreement subsidiary to Article 9 of the Treaty of Alliance concluded between their Majesties aforesaid on the 10th day of October, 1922, (2) corresponding to the 19th day of Sa'far, 1341, Hijrah, subject to ratification.

The Agreement.

Whereas a Treaty of Alliance between His Britannic Majesty and His Majesty the King of Irak was signed at Bagdad on the 10th of October, 1922, corresponding with the 19th day of Sa'far, 1341, Hijrah, and a Protocol to the same Treaty was signed at Bagdad on the 30th day of April, 1923, (3) corresponding with the 14th day of Ramazan, 1341, Hijrah;

and

Whereas by Article 9 of the said Treaty His Majesty the King of Irak undertakes that he will accept and give effect to such reasonable provisions as His Britannic Majesty may consider necessary in judicial matters to safeguard the interests of foreigners in consequence of the non-application of the immunities and privileges enjoyed by them under capitulation or usage, and that such provisions shall be embodied in a separate Agreement which shall be communicated to the Council of the League of Nations:

Now therefore it is agreed as follows:

ART. 1. The expression "foreigners" means the nationals of any European or American State which formerly benefited by capitulations in Turkey and did not renounce the same by an Agreement signed before the 24th July, 1923, and of any Asiatic State which is now permanently represented on the Council of the League of Nations, and includes corporations constituted under the laws of such States, and religious or charitable bodies or institutions wholly or mainly composed of nationals of such States.

Nothing in this Article shall prevent the conclusion by His Majesty the King of Irak in agreement with His Britannic Majesty of a special Convention with any State providing for the extension of the benefits of this Agreement to nationals and persons enjoying the protection of that State or for the non-application of this Agreement to nationals of that State.

2. His Majesty the King of Irak undertakes to employ British legal experts in the Courts and to grant them judicial powers under the laws of Irak and that the procedure now observed in the Courts in regard to the investigation of offences and the trial of cases and other matters in which foreigners are concerned shall continue and be put into force by law, that is to say:

(a.) That foreigners accused of an offence (other than a contravention) which is within the jurisdiction of a Magistrate may claim to be tried by a British Magistrate.

(b.) That foreigners accused of an offence which is beyond the jurisdiction of a Magistrate may claim that the interrogation during the preliminary investigation shall be undertaken and that the orders as to their release on bail and as to their committal for trial shall be made by a British Magistrate. (c.) That foreigners committed for trial may claim that their trial shall be held before a Court which includes at least one British Judge, who shall preside.

(d.) That in civil actions over 750 rupees in value, foreigners who are parties to the cause may claim that the final judgment in a Court of First Instance shall be given, and that appeals or applications for revisions shall be heard by a Court presided over by a British Judge and composed so as to include one British Judge in a Court of three or less than three, two British Judges in a Court of four or five, and three British Judges in a Court of more than five.

(e.) That in criminal cases foreigners may claim that their appeal or application for revision shall be heard by a Court presided over by a British Judge and composed as prescribed by the preceding paragraph, or if all the parties joining in such appeal or application are foreigners and agree to that course, by a British Judge sitting alone.

(f.) A foreigner who is a party to the proceedings and has not sufficient knowledge of Arabic to understand them may claim that all proceedings shall be translated in English and the Magistrate shall so order if he considers the claim to be well grounded.

(9.) That in the towns of Bagdad and Basrah and their environs and in all other places where a British Judge or Magistrate having jurisdiction for that purpose is available the house of a foreigner shall not be entered by any judicial or administrative authority except on a warrant issued by a British Judge or Magistrate.

Where no British Judge or Magistrate is available as above and in all cases where the police are by law allowed to enter houses without search warrant, the house of a foreigner shall not be entered without a report of such entry being immediately made to the nearest British Judge or Magistrate.

3. His Majesty the King of Irak undertakes that every law affecting the jurisdiction, constitution or procedure of Courts or the appointment and discharge of Judges shall, before being presented to the Legislature, be submitted in draft to the High Commissioner for his views and advice on such of its provisions as concern the interests of foreigners.

4. In matters relating to the personal status of foreigners or in other matters of a civil and commercial nature in which

it is customary by international usage to apply the law of another country, such law shall be applied in manner to be prescribed by law. Without prejudice to the provisions of any law relating to the jurisdiction of religious courts, or to such powers of Consuls in regard to the administration of estates of their nationals as may be recognised under agreements concluded by the Government of Irak, cases relating to the personal status of foreigners will be dealt with by the Civil Court, subject to the conditions of this Agreement. In questions of marriage, divorce, maintenance, dowry, guardianship of infants and succession of movable property, the President of the Court hearing the case, or, in case of appeal or revision, the President of the Court of Appeal and Revision hearing the case, may invite the Consul or representative of the Consulate of the foreigner concerned to sit as an expert for the purpose of advising upon the personal law concerned.

5. His Majesty the King of Irak agrees to submit beforehand to the High Commissioner for his concurrence the appointment of all British Presidents and members of Courts of Appeal and Revision as well as the termination of the appointment of any British Judge or Magistrate.

6. The provisions of this Agreement shall remain in force for the period of the Treaty and shall cease to have effect after the expiration of that period.

In witness of which the respective plenipotentiaries have affixed their signatures thereto. Done at Bagdad in duplicate this 25th day of March, 1924, of the Christian era, corresponding with the 19th day of Sha'ban, 1342, Hijrah.

H. DOBBS,

His Britannic Majesty's High

Commissioner for Irak.

JA FAR AL 'ASKARI,

Prime Minister of the Irak
Government.

AGREEMENT made under Article 15 of the Treaty of Alliance between Great Britain and Irak of October 10, 1922, relative to the Financial Relations of the two Countries.-Bagdad, March 25, 1924.(1)

[Ratifications exchanged at Bagdad, December 19, 1924.]

WE, the undersigned plenipotentiaries of His Britannic Majesty and of His Majesty the King of Irak respectively. (1) Treaty Series, No. 17 (1925)" (Cmd. 2370).

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having been duly authorised, met together this 25th day of March, 1924, corresponding to the 19th day of Sha'ban, 1342, in order to sign the following Agreement subsidiary to Article 15 of the Treaty of Alliance concluded between their Majesties aforesaid on the 10th day of October, 1922, (2) corresponding to the 19th day of Sa'far, 1341, Hijrah, subject to ratification.

The Agreement.

Whereas a Treaty of Alliance between His Britannic Majesty and His Majesty the King of Irak was signed at Bagdad on the 10th day of October, 1922, corresponding with the 19th day of Sa'far, 1341, Hijrah, and a Protocol to the same Treaty was signed at Bagdad on the 30th day of April, 1923, () corresponding with the 14th day of Ramazan, 1341, Hirah; and

Whereas by Article 15 of the said Treaty it is provided that a separate Agreement shall regulate the financial relations between the High Contracting Parties, which shall provide, on the one hand, for the transfer by His Britannic Majesty's Government to the Government of Irak of such works of public utility as may be agreed upon, and for the rendering by His Britannic Majesty's Government of such financial assistance as may from time to time be considered necessary for Irak, and, on the other hand, for the progressive liquidation by the Government of Irak of all liabilities thus incurred, and that such Agreement shall be communicated to the Council of the League of Nations; and

Whereas by Article 4 of the same Treaty His Majesty the King of Irak undertakes that he will fully consult the High Commissioner on what is conducive to a sound financial and fiscal policy, and will ensure the stability and good organisation of the finances of the Irak Government so long as that Government is under financial obligations to the Government of His Britannic Majesty; and

Whereas by Article 18 of the same Treaty it is provided that nothing shall prevent the High Contracting Parties from reviewing from time to time the provisions of the separate Agreement referred to above with a view to any revision which may seem desirable in the circumstances then existing any modifications which may be agreed upon by the High Contracting Parties being communicated to the Council of the League of Nations:

Now therefore it is agreed as follows:

ART. 1. The two Governments hereby recognise the principle that the entire cost of the civil administration of Irak shall be borne on Irak revenues, and that the Government of Irak shall, at the earliest possible date, accept full (3) Page 394.

(2) Page 389.

financial responsibility for the maintenance of internal order, and for the defence of Irak from external aggression.

2. Such financial assistance as may for a time be provided by the Government of His Britannic Majesty shall take the form of the maintenance in Irak, at the expense of His Britannic Majesty's Government, of an Imperial garrison or of local forces controlled by His Britannic Majesty's Government, but shall in no case take the form of a contribution by His Britannic Majesty's Government to the cost of the Irak army or local forces maintained and controlled by the Government of Irak.

3. The financial assistance to be provided for the aforesaid purposes shall be progressively reduced as His Britannic Majesty's Government may determine in each financial year, and shall in any case terminate within a period not exceeding four years from the date of the ratification of peace with Turkey.

4. The Government of Irak undertake to devote not less than 25 per cent. of the revenues of Irak towards the cost of the defence and security of Irak.

For the purpose of this Article the revenue of Irak shall be regarded as the gross receipts in all cases under each head of revenue service with the exception of the commercial services, other than posts, telegraphs and telephones, of which the net revenues shall be included.

5. His Britannic Majesty's Government agree to the transfer to the Government of Irak, and the Government of Irak agree to accept the transfer, of the undermentioned works of public utility at the valuation shown against each of the works specified :

6. The Government of Irak accept the liability to repay to His Britannic Majesty's Government the full value of the works specified in the preceding Article, representing a total sum of 94,09,540 rupees.

7. The sum of 94,09,540 rupees shall constitute a debt to be repaid by means of a terminable annuity, calculated so as to repay the capital sum, with interest at 5 per cent. per annum, within twenty years from the conclusion of this Agreement.

The Government of Irak further agree that, if from any cause the whole or part of the annuity payable in any year [CXIX]

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