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Tho'Wall, whom I visited on 26th May, said tho papers had bocn finned and the
representatives of tho nephews and the umpire accepted by tho Sheikh, but they were waiting
to bear tho result of tho exparte proposals. I urged that it was hotter to strike while the iron
was hot, and sai 1. I thought tho arbitrators should lose no time beginning the work. His Ex­
cellency, however, seemed to attach weight to the proffered settlement, and I raised no further
objection. He den;cd all knowledge of Yusuf-cWbrabim's return. I called on Kartas, where
I mot Saud, ono of the nephews,and urged the former to U6C his infiuenco to bring matters
to a speedy conclusion. Ho assured me that Yusuf ol Ibrahim was in the Kasim district
near Bor^yda. A report had reached me that tho Sheikh had attacked Shnmmar Arabs belong­
ing to the Amir to the souih-west of Z»bcir and captured 800 camels. I communicated with
tho Wali who confirmed it. His Excellency was greatly incensed ot Mubarak's duplicity; and
said fuoh action on his part was in stiangc opposition to his fair promises to livo quietly and
submit his differences to arbitration."
I was engaged for several days in making enquires regarding tho alleged reappearance
of Yusuf-el*Ibrahim The M ali, at my request, summoned tho Mudir of Zobcir at Basrah,
and I made independent enquiries at Fao, Dora, and Zobier, whore I sent a special messenger.
I could not find trace of him anywhere.
From the Resident’? letter tome of 1st June, it appeared that the ex parte proposal was
less favourable to Mubarak than Kartas had represented
On 7th June I was informed that tho Sheikh had declined tho proffered settlement, and
demanded tho immediate release of his Agent, Abdul Aziz-bin-Salim. He instructed his
lawyer and arbitrators not to begin tho work till this had been effected.
I accordingly wrote to tho Resident and explained that Mubarak was under no obligation
to accept the scheme, hut that his refusal of it need not interfere with the course of the
arbitration prrcecdiugs I asked that the Sheikh si mu Id he urged not to go back on his word,
and bcggeUhim at the same time to assure Mubarak that I had mado independent enquiries
regarding Yusuf-el-Ibrahim, and that lie had not returned
302. After some of further correspondence, a joint agreement was for­
mulated and on 12th September 1893, Consul Crowe telegraphed:—
“ Am glad to report that tho question at issue between the Sheikh and his nephews has
been settled by no amicable compromise arranged under the supervision of tho consulate and
loth parties hnvo signed an agreement and are satisfied "
303. Tho translation of the agreement is given below:—
Translation of Transfer Agreement.
This day Shoikh Mubarak Sabah, transfer to tho 6ons of his deceased brother, Mahomed
Pasha Sabah, name'y, to Sabah, in his own
No. 197 of Secret E„ January 1904, Noa. 140- right, and as legal trustee for his brother and
:oi.
his cousins children of his uncle, the late Jcrrah,
minors, and as legal representative of the heirs of Mahomed and Jerrah aforesaid and of tho
h-irs of the late Ali Jalmr of the Sabah family, aud to Sand, in his own right, all these
p^rtione of the estate nf the late Mahomed Pasha and Jcrrah Sahab, which they bequeathed
in their own right and such as wero inherited by them from the late Jabor Sabah, both real
and personal piopcrty and nil and everything described as inheritance as follows:—
The children aforesaid and the persons whom they represent, and for whom they are
trustees, shall receive one whole and undivided forth part of the date plantations situated in
the ward of Fao, depending on Busrah, together with one of two lots (hoz) situated at Fao
aforesaid and also one-fourth part of the entire date garden of Sofieli. And the children
aforesaid shall receive two-thirds entiro of the dato gardens situated at Gherdilan and at Zeyn
and at Ajerawiyeh, lers one-sixth which oppertains to their grand-mother, the mother of tho
transfer aforesaid, together with t wo thousand liras, which their uncle, Mubarak Pasha-
will pay them in cash. But the landed estate >at Koweit shared io common by the heirs of
Jnber Sabah and that possessed iu common and in thirds by Mahomed, Jerrah and Mubarak
shall remain as at present, in common, without detiimcnt to the rights of the heirs of
Mahomed and Jorirah and is not included in the present transfer. And as regards tho money
and debts due and arms and horses and cattle and ship the children have no share or part
in them whatsoever and their uncle is fully and completely released from all liability and
claim and demand as regards thorn. Then after conclusion of this agreement and legal
transferor in the manner slated, it is agreed by tho two parties to tlurtransfor that Mubarak
aforesaid shall give his nephew’s, io exchange fur tho fourth part of the Fao date gardens
allotted to them, ns staled above, thrce-fouiths of the dato plantations of Sofich, and tho
third portion appertaining to him, together with tho sixth portion belonging to his mother
and her children, Mahomed and Jcrrah, of tho date gadnes at Gherdilan and Ajerawiyeh
and Zcyn, after vnluatiou by experts. And if tho value of theso properties is less than
tin* fourth part of Fno, Mubarak will pay the differences cash and Fao shall hereafter belong
to him entirely. But if the shares in the 6aid properties shall exceed in value the forth