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37. Coll 17/8(1) 'Shaikh of Koweit: Date Gardens of the Sheikh in Iraq'
- Description:
- Abstract: The volume consists of extensive correspondence, memoranda and reports regarding the Faddaghiyeh Estates of the Shaikh of Kuwait, changes made to their tax-exempt status, and lawsuits regarding their ownership.The records provide details of the lawsuits brought against the Shaikh of Kuwait in the Iraqi courts by the heirs of the previous owners of the Bashiyeh and Faddaghiyeh properties. These rested on claims that the original sales were not correctly registered with the Tapu Department under the old Ottoman Law, as the Shaikh had refused to take out Turkish nationality papers. The file also concerns changes to the tax-exempt status of the date gardens, following the instigation of the Istihlak tax by the Government of Iraq. Questions arose as to whether the Government of Iraq was obligated to guarantee the tax-exempt status originally granted by HM Government (HMG), and whether HMG was obligated to compensate the Shaikh for loss of revenue. The correspondence on file primarily concerns attempts by British Officials to defend the Shaikh's status as owner of the date gardens, and discussions about possible compensation.The principal correspondents and authors are: the High Commissioner for Iraq (Francis Henry Humphrys), the Colonial Office, the Foreign Office, the Political Agent, Kuwait (Harold Richard Patrick Dickson), the Political Resident in the Persian Gulf (Hugh Vincent Biscoe), HM Ambassador to Iraq, HM Counsellor to HM Embassy, Iraq (Sir George Arthur Ogilvie-Forbes), and the Legal Secretary to the High Commissioner for Iraq (John Harry Barclay Nihill). The volume also contains translations of letters received from the Shaikh of Kuwait (Aḥmad al-Jābir Āl Ṣabāḥ), his Basra Agent (Abdul Aziz as Salim al-Badr), his lawyer (Jacob Gabriel), and the Government of Iraq.The following reports and legal documents appear within the volume:Memorandum prepared by the Judicial Advisor to the High Commissioner for Iraq (G Alexander), regarding attempts made to deprive the Shaikh of Kuwait of certain of his date gardens, ff 658-679.Translation of judgement No. 77/930, issued on 30th December 1931 by the Court of First Instance, Basrah; and translation of decree No. 66/932 dated 9 May 1932, issued by the Court of Appeal, Baghdad, for service on the Shaikh of Kuwait, ff 634-644.Short histories of the Shaikh of Kuwait's Bashiyeh and Faddighiyeh gardens on the Shatt al Arab from the time of their purchase to date, written by the Political Agent, Kuwait, ff 621-629.List of persons to be served with legal documents from the Court of First Instance, Basrah, f 533.'The Date Gardens in Iraq of the Sheikhs of Koweit and Mohammerah. Scope of Undertakings given by HM Government in 1914. Case for the Opinion of the Law Officers of the Crown, and Opinion Thereof', ff 458-476.Explanatory notes with accompanying sketch map of the Faddaghiyeh Estate, ff 205-209.English translations of the four Tapu deeds connected with the Faddaghiyeh Estate dispute (deeds originally dated August 1915), ff 90-99.Copy power of attorney document, written in Turkish, issued by the TC Asliye Mahkemesi Altinci Hukuk Dairesi 6 [Turkish Republic Civil Court of First Instance, 6th Law Department] on the 15 Ramandan 1326 [1908] in favour of Ahmet Pasha Kazim Azzubair, ff 78-80.The file continues with Collection 17/8 part 2, reference IOR/L/PS/12/2854.The volume includes dividers which give lists of correspondence references found within the volume by year. These are placed at the end of the correspondence (folios 4-5).Physical description: Foliation: the main foliation sequence (used for referencing) commences at the inside front cover with 1, and terminates at the inside back cover with 723; these numbers are written in pencil, are circled, and are located in the top right corner of the recto side of each folio. Two additional foliation sequences are also present in parallel between ff 4-721, and ff 695-721; these numbers are also written in pencil, but are not circled.
38. Coll 17/8(2) 'Shaikh of Koweit's Estates: Date gardens of the Shaikh in Iraq'
- Description:
- Abstract: This volume is a continuation of IOR/L/PS/12/2853. It consists of extensive correspondence, memoranda and reports regarding date garden properties in Iraq owned by the Shaikh of Kuwait, changes to their tax-exempt status, and lawsuits regarding their ownership. Properties owned by the Shaikh of Mohammerah are also discussed in the volume.The volume opens with correspondence regarding a plan to have the lawsuits against the Shaikh of Kuwait dropped, by paying the plaintiffs to desist. Other topics discussed include: a proposal to allow the Iraqi Government to tax the estates, and for HMG to compensate the Shaikhs of Kuwait and Mohammerah accordingly; difficulties in establishing the exact extent of the Iraq properties owned by the Shaikh of Kuwait; an application by the Basra Port Directorate to take possession of certain land belonging to the Fao property of the Shaikh of Kuwait; and suggestions that the Government of Iraq establish a commission to investigate the ownership and tax status of the properties.The principal correspondents and authors are: the High Commissioner for Iraq (Francis Henry Humphrys), the Colonial Office, the Foreign Office, the India Office, the Political Agent, Kuwait (Harold Richard Patrick Dickson), the Political Resident in the Persian Gulf (Hugh Vincent Boscoe), and HM Ambassador to Iraq (Archibald Clark Kerr). The volume also contains translations of letters received from the Shaikh of Kuwait (Aḥmad al-Jābir Āl Ṣabāḥ), his lawyer (Jacob Gabriel), and the Agent in Iraq to the Shaikh of Mohammerah (Shaikh Khaz'al bin Jābir Mirdāw al-Ka'bī).The following reports and legal documents appear within the volume:Statements of losses sustained by the Shaikh of Kuwait through payment of the Istihlak tax, export duty, and compensating tenants during 1932-1933 and 1934, ff 506-530 and 190-196 respectively.Statements of losses sustained by the Shaikh of Mohammerah through payment of the Istihlak tax on his date properties in Iraq, ff 395-397, 399, and 401-403.Details of the garden properties which were in the possession of the Shaikh of Kuwait in 1914, and which were included in HMG's 1914 pledge (Al Mutaawa'ah, Al Faddaghiyeh, Al Farhaniyeh - cum - Kushaishiyeh, Al Fao, and Al 'Ujairawiyeh), ff 348-360.Translation of a letter from Jacob Gabriel to the Mutasarrif of Basra, regarding the Port Directorate application, ff 266-268.Note on the exempted 'Ujairawiyeh estate, made by the Political Agent, Kuwait, ff 279-280.Reports from the Political Agent, Kuwait on the Shaikh's estae at Fao, including a diagram of the contended plots, and an excerpt from the An Nasnewspaper providing details of the boundaries of the estate, ff 74-82.Details of the suits brought against the Shaikh in respect of certain land or land rights, including a list of cases to be heard in the Basra Court of First Instance, ff 86-92.Historical summary of the case, and proposals made by HM Ambassador to Iraq, ff 9-24.The file continues with Collection 17/8 part 3, reference IOR/L/PS/12/2855.The volume includes dividers which give lists of correspondence references contained in the volume by year. These are placed at the end of the correspondence (folios 4-5).Physical description: Foliation: the main foliation sequence (used for referencing) commences at the inside front cover with 1, and terminates at the inside back cover with 621; these numbers are written in pencil, are circled, and are located in the top right corner of the recto side of each folio. An additional foliation sequence is present in parallel between ff 4-618; these numbers are also written in pencil, but are not circled.
39. Coll 17/8(4) 'Shaikh of Kuwait's date gardens: litigation in Iraq Courts regarding the Faddaghiyah estate'
- Description:
- Abstract: This file is a continuation of IOR/L/PS/12/2855. It contains papers regarding legal cases brought against the heirs of Shaikh Mubārak Āl Ṣabāḥ (the Shaikh of Kuwait) by Abdullah bin Issa Pasha Al Zuhair, concerning the ownership of the date garden properties known as the Faddaghiyeh, the Bashiyeh and the Fao.The file primarily consists of correspondence between the Political Resident in the Persian Gulf, the Foreign Office, the India Office Political Department, the Treasury, the Political Agent 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 papers cover the period 1937-1943, and the following topics: the service of summons on the Shaikh of Kuwait by the Basra Courts; the provision of legal assistance to the Shaikh; the identity of the various heirs to the estate of Shaikh Mubarak Al Sabah; cases found for and against the Shaikh of Kuwait; appeals lodged at the Basra Courts on behalf of the Shaikh of Kuwait; and arrangements to compensate the Shaikh of Kuwait and the Shaikh of Mohammerah for losses sustained via indirect taxation on the date garden properties.The file also concerns attempts by HMG to have the Faddaghiyah cases referred to a Land Settlement procedure, in a bid to halt any lawsuits and finally determine the ownership of the gardens.The file also contains the following reports and legal documents (English translations unless otherwise stated):Petition filed by Abdulla bin Issa Pasha Al-Zuhair, before the Basra Court of Instance against the heirs of Shaikh Mubarak Al-Sabah, ff 484-489.Statement of pleading submitted by Ahmed Rushidi and Abdul Jalil Partu on behalf of the heirs of Mubarak Al Sabah to the Basra Court of Instance, ff 433-440.Statement of the Defence in reply to the Plaintiff's memorandum, arguing that the case falls outside the jurisdiction of the Court, ff 394-404.Note submitted by the Defence to the President of the Court of First Instance, Basra, ff 363-393.Additional memorandum prepared by Ahmed Rushidi Bey and Abdul Jalil Partu, submitted to the court of First Instance, ff 337-348.English and Arabic versions of the third defence memorandum submitted to the Court of First Instance, ff 288-311.Copy of a judgement from the Court of Cassation, in its capacity as Court of Appeal, regarding disposal of cases to Land Settlement (October 1936) ff 256-258.Copy Judgement of the Basra Court of Instance in suit No. 373/1932, ff 260-265.Note on a conversation with Saiyid Yusuf al Kabir on the Faddaghiyah case; with copy of the surety statement, ff 219-224.English and Arabic documents regarding a dispute over the wording (in Arabic) of a legal document, ff 180-192.Second Statement of Appeal in Case No. 373/932 submitted by Partu to the Court of First Instance, Basra, ff 140-154.Notices announcing the commencement of Land Settlement proceedings, published in Al Waqa'i Al-Iraqiyya, ff 91-93.Judgement of the Court of Cassation, referring the case to the Land Settlement Committee, dated 19 Rabi' al Thani 1358 [7 June 1939], ff 98-99.Final decision of the Second Court for Land Settlement, Baghdad, File Nos. 224, 225, 226, 227, 228 and 229/1941, ff 11-12.The file continues with Collection 17/8 part 5, reference IOR/L/PS/12/2857.The file includes dividers which give lists of correspondence references contained in the file by year. These are placed at the end of the correspondence (folios 2-4).Physical description: Foliation: the foliation sequence (used for referencing) commences at the inside front cover with 1, and terminates at the last folio with 592; these numbers are written in pencil, are circled, and are located in the top right corner of the recto side of each folio. An additional foliation sequence is present in parallel between ff 2-591; these numbers are also written in pencil, but are not circled.
40. Coll 17/8(5) 'Shaikh of Kuwait's date gardens: litigation in Iraq Courts regarding the Bashiyah estate'
- Description:
- Abstract: This file is a continuation of IOR/L/PS/12/2856. It contains papers regarding legal cases brought against the heirs of Shaikh Mubārak Āl Ṣabāḥ (the Shaikh of Kuwait) by the heirs of Shafiqah Al Zuhair, concerning the ownership of the date garden properties known as the Bashiyeh: a suit filed by Rafiah in 1930, which was won on appeal; suits filed by Najiyajh, Hamida and Kamila in 1932; and a suit filed by Bahiyah in 1933. It documents actions taken on behalf of the Shaikh of Kuwait to have the ownership question addressed by a Land Settlement Commission.It primarily consists of correspondence between the Political Resident in the Persian Gulf, the Foreign Office, the India Office Political Department, and the Political Agent at Kuwait. 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 lawyer, Abdul Jalil Partu, as well as copies of outgoing letters to them.The file contains the following legal papers:Decision given by the President of the Land Settlement Commission on the Bashiyeh gardens, dated 22 March 1941. "The two pieces of land... from this estate are to be registered as 216 shares, of which 180 shares go to Ali Al Zohair's heirs, and 36 shares to Jabir, Salim, Nasir, Hamid and Abdulla, sons of Mubarak al Subah...", f 73.Translation of the final decision reached by the Court of Cassation, Baghdad, ff 13-15.The file continues with Collection 17/8 part 6, reference IOR/L/PS/12/2858.The file includes a divider which gives a list of correspondence references contained in the file by year. This is placed at the end of the correspondence (folio 2).Physical description: Foliation: the foliation sequence (used for referencing) commences at the inside front cover with 1, and terminates at the last folio with 121; these numbers are written in pencil, are circled, and are located in the top right corner of the recto side of each folio. An additional foliation sequence is present in parallel between ff 2-120; these numbers are also written in pencil, but are not circled.
41. Coll 17/8(6) 'Date gardens of the Sheikh of Koweit in Iraq: discharge of HMG's liability in respect of possession and exemption from taxation'
- Description:
- Abstract: This file is a continuation of IOR/L/PS/12/2857. It contains papers regarding the following: legal cases brought against the Shaikh of Kuwait (Shaikh Aḥmad al-Jābir Āl Ṣabāḥ) in respect of the ownership of date garden properties in Iraq; the subsequent institution of Land Settlement Procedure to determine the ownership of the gardens; and questions of compensation to be paid to the Shaikh of Kuwait in respect of a) property lost through litigation, and b) income lost through the imposition of Istihlak tax. The file also contains a small number of documents regarding compensation to be paid to the heirs of the Shaikh of Mohammerah in respect of Istihlak tax.The file primarily consists of correspondence between the India Office Political Department, the Foreign Office, HM Embassy at Baghdad, the Political Agent at Kuwait, and the Political Resident in the Persian Gulf. It discusses: the method of calculation to be used in determining compensation payments; legal advice to be provided to the Shaikh; the seizure of the Shaikh's Fao properties, and disposal of the date crops by the tenants; and proposals to end the Government's liability for the Shaikh's date garden properties.The file also contains communications received from the Shaikh of Kuwait, the Shaikh's son and acting representative in Basra (Shaikh Muḥammad Āl Ṣabāḥ), the Shaikh's lawyers, and the Government of Iraq. These primarily inform HMG of developments with the cases, and concern changes in the Shaikh's legal team.The following legal documents can be found within the file:Declaration of the Fao Nahiyah as a district for the purpose of Land Settlement operations, f 406.Notice issued by the Mudir of Fao, warning that the properties will be seized if payment for debts due to the Government is not paid within 10 days, f 347.List of the heirs of the Shaikh of Mohammerah, and details of the distribution of compensation, ff 185-192.Inheritance documents, and various Power of Attorney documents, ff 75-95.Genealogical diagram showing the heirs of the Jabir bin Abdullah Al Subah, prepared by the Political Agent at Kuwait, f 96.The file also contains a number of documents regarding the wording of the 1914 pledge made by HMG to the Shaikhs of Kuwait and Mohammerah, at folios 262-275. A précis of the proceedings of the date garden cases, with index, can be found at folios 114-129.The file contains dividers which give details of correspondence references contained in the file by year. These are placed at the end of the correspondence (folios 2-4).Physical description: Foliation: the foliation sequence (used for referencing) commences at the front cover with 1, and terminates at the last folio with 426; these numbers are written in pencil, are circled, and are located in the top right corner of the recto side of each folio. An additional foliation sequence is present in parallel between ff 2-425; these numbers are also written in pencil, but are not circled.
42. Enclosures to Political No. 228 of 1874, Forwarding a Copy of Papers Relating to Issue of an Order by the Persian Government for the Abolition of the Tax Called Rahdaree Levied Upon Beasts of Burden
- Description:
- Abstract: This item consists of a copy of enclosures to a Political Despatch from the Government of India Foreign Department to the Secretary of State for India, dated 25 December 1874, relating to the issue of an order by the Persian [Iranian] Government for the abolition of the tax called Rahdaree [rahdari] levied upon beasts of burden.Physical description: Foliation: the foliation sequence for this description (used for referencing) commences and terminates at f 635, as it is part of a larger physical volume; these numbers are written in pencil, are circled, and are located in the top right corner of the recto side of each folio.
43. Enclosures to Revenue No. 4 of 1873, Forwarding a Copy of a Letter from the Political Agent, Zanzibar, Regarding a Tax Levied on British-Indian Traders on Plantation Produce
- Description:
- Abstract: This item consists of copies of a Revenue Despatch from the Government of India Foreign Department to the Secretary of State for India, dated 8 May 1873 and received in the India Office Political Department on 3 June 1873, forwarding a copy of a letter from the Political Agent, Zanzibar, regarding a tax levied on British-Indian Traders on plantation produce when taken from one point to another on the island, with no similar assessment being levied on the French and American commercial houses.Physical description: Foliation: the foliation sequence for this description (used for referencing) commences at f 518, and terminates at f 526a, as it is part of a larger physical volume; these numbers are written in pencil, are circled, and are located in the top right corner of the recto side of each folio. The sequence contains one foliation anomaly: f 526a.
44. File 868/1904 Pt 1-2 'Consular'
- Description:
- Abstract: The volume comprises two parts discussing consular matters:Part 1 concerns exemptions of Foreign Consular Officers from Imperial and Municipal taxation;Part 2 concerns exemptions of Foreign Consular Officers in India from Customs Duties.The volume comprises two parts: 1 and 2. Each part includes a divider which gives the subject and part numbers, year the subject file was opened, subject heading, and list of correspondence references contained in that part by year. This is placed at the back of the correspondence.Physical description: Foliation: the main foliation sequence (used for referencing) commences at the inside front cover with 1 and terminates at the inside back cover with 207; these numbers are written in pencil, are circled, and are located in the top right corner of the recto side of each folio.
45. File 4537/1927 Pt 1-2 'Iraq: Kuwait and Mohammerah Date Gardens'
- Description:
- Abstract: Correspondence and other papers relating to the matter of tax exemption on the date gardens in Iraq belonging to the Shaikh of Kuwait and the Shaikh of Mohammerah. The exemption was promised to the shaikhs by the British for assistance given during the First World War. The volume covers the interdepartmental discussion of the question brought about by increasing opposition to the exemption from the Iraqi Government and press.Correspondence comes mostly from: the Colonial Office; Foreign Office; High Commissioner in Iraq; Political Resident in the Persian Gulf; Political Agent, Kuwait; Treasury; and officials of the Government of Iraq.Physical description: Foliation: the foliation sequence (used for referencing) commences at the first folio with 1 and terminates at the last folio with 1147; these numbers are written in pencil, are circled, and are located in the top right corner of the recto side of each folio.The foliation sequence does not include the front and back covers, nor does it include the leading and ending flyleaves.A previous foliation sequence, which is also circled, has been superseded and therefore crossed out.
46. File 2/5 XI 'SHAIKH'S DATE GARDENS'
- Description:
- Abstract: This volume is a continuation from IOR/R/15/5/149. 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 progress of the law suits, including appeals lodged against previous judgements; the Shaikh's legal representation, and options to replace the Shaikh's Basra lawyer (Abdul Jalil Partu) following an error in the wording of a surety document, and later following his conscription into the army; and the seizure of the Fao and Faddaghiyah estates by the Mudir of Fao on account of unpaid taxes, followed by the eviction and replacement of the Shaikh's tenants. 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 Istihlaktax.The volume primarily consists of correspondence between the Political Resident in the Persian Gulf, the Foreign Office, the India Office Political Department, the Political Agent 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 lawyer, Abdul Jalil Partu, as well as copies of outgoing letters to them.The volume also contains the following case and legal papers:Legal papers plus correspondence between Abdul Jalil Partu and the Political Agent in Kuwait regarding the use of an inappropriate tense in the wording of a surety document, which led to an appeal being dismissed, ff 26-39.Copies of the surety document, in English and Arabic, ff 32 and 36.Note on a conversation held between Partu and Saiyid Yusuf al Kabir regarding the Faddaghiyah case, ff 69-71.English and Arabic copies of a judgement passed by the Application Department of the Court of Revision on 11 November 1938, ff 91-93.English and Arabic copies of petitions lodged at the Court of Appeal in Iraq regarding Case No. 373/932 by Abdul Jalil Partu, ff 155-169 and 173-179.The file continues under reference IOR/R/15/5/151.Physical description: Foliation: the main foliation sequence (used for referencing) commences at the inside front cover with 1, and terminates at the inside back cover with 262; these numbers are written in pencil, are circled, and are located in the top right corner of the recto side of each folio. An additional foliation sequence is present in parallel between ff 40-257; these numbers are also written in pencil, but are not circled. A previous foliation sequence, which is also circled, has been superseded and therefore crossed out.
47. File 2/5 XII 'Ownership of HH Shaikh of Kuwait's Date Gardens in Iraq'
- Description:
- Abstract: This file is a continuation from IOR/R/15/5/150. 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 seizure of the Fao estates by the Mudir of Basra, the eviction of the Shaikh's fellaheen, and the eventual return of the properties and the fish and meat markets to the Shaikh's control; legal assistance for the Shaikh, following the conscription of his lawyer, Abdul Jalil Partu; the establishment by the Government of Iraq of a separate Land Settlement Area to cover the properties of the Shaikh in the Fao Nahiyah; and the appointment of Judge C Good to carry out the settlement procedure. 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 Istihlaktax, as well as proposals to discharge HMG from further obligations to the Shaikh regarding the garden properties.The file primarily consists of correspondence between the Political Resident in the Persian Gulf, the Foreign Office, the India Office Political Department, the Political Agent 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 lawyer, Abdul Jalil Partu, as well as copies of outgoing letters to them.The file contains the following legal and case documents (English translations unless otherwise stated):Copy judgement of the Court of Cassation regarding the referral of the Faddaghiyah case to the President of the Land Settlement Committee in the Fao Nahiyah, ff 103-104.Correspondence between Shaikh Ahmad, Shaikh Muhammad, and Abdul Partu, regarding the Tapu deeds for the properties, and the registration of appeal documents with the Courts, ff 170-176.Land settlement notifications from al Waqa'i al-Iraqiyya, ff 198-200, 255.English and Arabic copies of the compensation offer to the Shaikh, plus a draft discharge agreement, ff 218-224.A private note by Judge C Good of the Basra Court of Instance, to Major Galloway, regarding the Land Settlement Procedure, ff 261-262.The file is continued under reference IOR/R/15/5/152.Physical description: Foliation: the main foliation sequence (used for referencing) commences at the front cover with 1, and terminates at the inside back cover with 270; these numbers are written in pencil, are circled, and are located in the top right corner of the recto side of each folio. Two additional foliation sequences are also present in parallel between ff 2-269, and ff 18-269; these numbers are also written in pencil, but are not circled.
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