No. 651.
Mr. Beardsley to Mr. Fish.
Agency
and Consulate-General of the United States in
Egypt,
Cairo,
March 24,1875. (Received April 21.)
No. 292.]
Sir: I have the honor to enclose herewith a
translation of a dispatch received from Cherif Pasha, minister of
justice, in relation to the revision of the new codes, and transmitting
the revised “Code Civil,” which has just come from the press. I transmit
to you by this mail two copies of the revised “Code Civil,” with the
changes and modifications indicated.
I inclose herewith, for your convenience, in addition to the dispatch
from Cherif Pasha, two translations of the convention between the
Egyptian government and the consul-general of France.
I am, &c.,
[Inclosure 1 in No.
292.—Translation.]
Chérif Pasha to
Mr. Beardsley.
Ministry of Justice,
Cairo, March 18,
1875.
Sir: By my dispatch of the 19th November,
1874, I had the honor to communicate to you that the French
government had called our attention to the obscurity and certain
contradictions which had slipped into the project of our new codes,
&c. I added that a commission composed of councilors of the
appeal court of Alexandria would be charged to examine the
importance of the modifications which had been proposed by the
French government, with the view of correcting, if necessary, the
contradictions and the obscure points called to our attention.
This revision, as is well known to you, had also for one of its
objects the insertion of a clause in article 4 of the convention of
the 10th November, 1874, between the government of the Khedive and
the French government.
The government of the Khedive having received from the French
government the note in which reference is made to the
above-mentioned article 4, I hastened to communicate the same to the
gentlemen of the appeal court at Alexandria, united in commission
for this purpose, and I begged them to examine the questions
suggested.
The commission has acquitted itself of this task with the
intelligence which was to be expected from such eminent
jurisconsults, and it has suggested several modications which,
without affecting in any manner the principles which form the basis
of our new legislation, will be useful in clearing up several points
in detail and cause some contradictions existing between the codes
and the regulations of organization to disappear.
The government of the Khedive could but approve of the propositions
made by persons so competent in the matter; and as the proposed
modifications relate especially to the revision of some articles of
the civil code, I have ordered the reprinting of this code, and beg
to transmit you herewith a copy of the new edition.
I beg to add that the commission has suggested for the code of civil
process the omission of the words “du requérant,” existing in
article 3 by typographical mistake, and the suppression of article
34.
I am, &c.,
[Inclosure 2 in No.
292.—Translation.]
The Franco-Egyptian protocol.
On the twenty-fifth day of September, one thousand eight hundred and
seventy-four, his excellency Chérif Pasha, minister of justice to
His Highness the Khedive,
[Page 1338]
and Monsieur le Marquis de Cazaux, agent and consul-general of
France, acting by order and pursuant to instructions from their
respective governments, having held a last conference for the
purpose of coming to a final understanding respecting the conditions
on which the French government would adhere to the judicial reform
in Egypt, have agreed as follows:
- First. Indictments for fraudulent bankruptcy, alluded to
in article 8, paragraph G, title the second of the original
regulations, shall continue, as in the past, to be within
the competency of the jurisdiction of the accused.
- Second. With regard to the choice of one of the judges of
the courts of first instance, the Egyptian government shall
apply to the ministry of justice in France in the form
provided for the nomination of judges for the appeal court,
and the magistrate thus designated shall be in preference
appointed to sit in the Cairo tribunal.
- Third. One of the members of the public ministry
(attorney-general’s office or parquet) shall be chosen from
among the French magistracy; and it is expressly understood
that in the event Of a second chamber being created within
one of the Cairo-Zagazig tribunals, another member of the
public ministry shall also be chosen from among the French
magistrates.
- Fourth. With reference to the revisions of the codes, the
agent and consul-general of France shall address to his
excellency Chérif Pacha, within fifteen days from the
notification by the French cabinet of its approval to the
Egyptian government, a statement as to the particular points
requiring elucidation in the wording and system of the new
laws, and suggesting such alterations as may be thought
necessary to remove any contradictions therein
contained.
- Fifth. The reservation respecting the “statut personnel,”
omitted in article 9 of the organic regulations, shall be
re-inserted in the text of the said regulations.
- Sixth. With reference to the constitution of the chambers,
the French government having desired that one of the
magistrates called to try European cases be, as far as
possible, of the same nationality to which the party in the
suit belongs, the Egyptian government engages itself to call
the attention of the new magistracy to this point, who alone
is intrusted with the organization of its own
service.
- The same answer was given to the Austro-Hungarian
government, who had expressed an identical desire.
- Seventh. The immunities, privileges, prerogatives, and
exemptions actually enjoyed by foreign consuls, as well as
by their subordinate officers, by virtue of diplomatic usage
and of treaties in force, shall be maintained in their
integrity. Therefore agents and consuls-general, consuls,
vice-consuls, their families and persons attached to their
service, shall not be amenable to the new tribunal, and the
new laws shall not be applied either to their persons or to
their dwelling-houses. The same reservation is stipulated
with respect to Catholic establishments, whether religious
or educational, placed under French protection.
- Eighth. It is well understood that the new laws and new
judicial organization shall have no retrospective effect,
according to the principle laid down in the Egyptian civil
code.
- Ninth. Claims now pending against* the Egyptian
government shall be submitted to a commission consisting of
three magistrates from the appeal court, chosen by mutual
consent by the two governments. The said commission will
decide finally, and without appeal, and will itself
prescribe the form of procedure to be observed.
- Tenth. However, the said claims, if the interested parties
so prefer, may be brought before a special chamber of first
degree (instance) and another special chamber of appeal,
consisting of magistrates belonging to the tribunal and to
the appeal court, respectively, and constituted according to
the provisions already agreed upon between the Egyptian
government and the Austro-Hungarian government and several
other powers. The above two chambers, although proceeding in
conformity to the rules of procedure for the new tribunals,
shall, nevertheless, try the merits of the case in
conformity to the laws and customs in force at the time of
the occurrence of the facts which gave origin to the
claim.
- Eleventh. Cases in which claimants of several
nationalities are concerned shall be tried in conformity to
either of the two above modes, as may be agreed upon by
their respective consuls-general.
- Twelfth. The settlement of the above-indicated cases shall
commence at once on the establishment of the new tribunals,
and shall continue so long as the said tribunals remain in
operation.
The stipulations contained in the present “procés verbal” shall be
submitted, without any delay, to the two governments respectively
for ratification.
