Sudan Archive

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First, all civil and commercial cases that occur between Europeans and nationals, or between different Europeans (if not related to personal status), and all cases concerning land and foreigners between Europeans and nationals, or between Europeans of different nationalities or denominations, shall be heard in the mixed courts.

Second, all criminal cases brought against Europeans shall be heard in the consular courts according to the laws of their countries, except for certain cases whose examination and judgment are within the jurisdiction of the mixed courts.

Third, it is not permissible to enter the house of a European without the consent of his consul, unless the entry into his house is the result of a criminal case within the jurisdiction of the mixed courts.

Fourth, no extraordinary taxes shall be levied on Europeans from which money is directly collected, such as customs duties, without the consent of all states. Now let us examine each of these matters separately.

(E) The Mixed Courts

I have not asked a question more than I have posed this question: Does my proposal necessitate the establishment of mixed courts? I will answer this now briefly.

(First) Does this proposal necessitate the abolition of the current system which requires the renewal of the authority of the mixed courts every five years by agreement between the Egyptian government and the powers, and the reliance on another system? No. And only the judgments or laws by which they are bound shall be changed. It is necessary to make changes agreed upon by the majority in a mixed legislative council and ratified by the Egyptian and British governments.

(Second) It necessitates the abolition of permanent courts in the Egyptian territory, the formation of which may not be entirely the same as the formation of the current mixed courts, but they must be mixed in any case. Any change in their formation depends on a decision of the legislative council, which shall also be mixed.

(Third) It necessitates the permanent preservation of a set of laws based on the principles of current laws.

(Fourth) It necessitates the abolition of the current system which requires the consent of all states to every law intended to be enforced against foreigners, and the reliance on another system whereby the mixed courts are the courts formed by a decision of the legislative authority (i.e., the council and the Egyptian and British governments).

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