.tibolition of the Capitulations. There are, however, a certain number of laws which have been passed since 1913, to which attention may appropriately be called, in view -of the effect they have had in modifying Egyptian judicial institutions.

Law No. 7 of 1914 makes certain modifications in the Native Code of Criminal Procedure, and in Law No. 4 of 1905 under which the Courts of Assizes were created.

The object of these changes was to put an end to conflicts which arose in practice between the committing magistrates and the summary courts, in regard to the legal qualification of offences in certain cases. The committing magistrate occasionally refused to send a case for trial to the Assizes because he considered it to be a misdemeanour, while at the same time the summary judge refused to try it on the ground that in his opinion it constituted a crime.

The law in questionjirovided that if the summary judge holds that an offence brought before him as a misdemeanour constitutes a crime, the 'parquet shall bring it before a committing magistrate, who may either commit it for trial before the assizes or dismiss the case. If he differs from the summary judge as to the qualification, and considers that the offence constitutes a misdemeanour or a police offence only, he may send it for trial before the assizes with alternative charges qualifying the offence either as a crime or as an offence of a lesser degree of gravity. The law also introduced an important innovation in giving to the procurator-general and to the civil claimant the right to appeal against a decision by the committing magistrate dismissing a charge on the ground of insufficiency of evidence. It also defined the power of the committing magistrate in respect of a series of minor points which had given rise to controversy, such as the question of liis right to modify or aggravate tlie charge as laid before him by the prosecuting authority.

Law No. 10 of 1914 was promulgated with the object of providing more effective means than already existed for punisliing unlawful assemblies. With the exception of certain provisions in regard to pillage hy armed bands and a section providing for increased penalties for assault and unlawful wounding when committed with the use of arms by members of a band exceeding four persons, the Penal Code contained no specific provisions for offences committed by assemblies of persons.

The necessity of such provisions had, however, become apparent, and the law in question makes it an offence pmnishable with six months of imprisonment or a fine of LE. 20 for any member of an asseinbly of a nature to endanger the peace to refuse to obey an order to disperse given by a lawful authority. The same penalties are incurred by any person who, having knowledge of the common object, joins an assembly collected for the purpose of committing an offence, of interfering with the execution of the law, of interfering with the action of a public authority, or of depriving any individual of his libertv of action.

Increased penalties are provided for the case where arms’ are carried or where resort is had to force or violence. The promoters of an unlawful assembly are criminally responsible for offences committed by members of the assembly in the execution of the common object, although such promoters were not actually present when such acts were committed.

Law No. 12 of 1915 had for its object to put an end to an abnormal state of things which had prevailed in the organisation of the Mehkemehs. This consisted in the fact that a kadi from Constantinople was president both of the Supreme Mehkemeh and of the Mehkemeh of Cairo, and enjoyed certain exceptional powers in respect to the recruitment and promotion of the subordinate kadis.

As from the date of the law, the Supreme Mehkemeh and Mehlmmeh of Cairo have had distinct presidents appointed on the nomination of the Minister of Justice, and the exceptional prerogatives of the former have disappeared. The organisation of the Mehkemehs has thus been brought to closer conformity with that of the other judicial institutions of the country.

In the year 1915 a reform was brought about which had long been urged, and to which allusion is made in Lord Kitchener’s report for the year 1911.* This reform relates to the number of judges required to' make up a chamber in the Mixed Courts. This number had hitherto been eight in the Court of Appeal and five in the Courts of First Instance. These numbers were reduced respectively to five and three by Law No. 3 of 1915. This important reform has had excellent effects upon the amount of work got through and reduction of arrears.

Law No. 15 of 1916 creates for the first time a regularly organised bar for the Mehkemehs. It lays down the conditions required for admission to that bar, prescribes a period of apprenticeship, provides for the creation of a bar council, and lays down the disciplinary penalties to which members of the profession expose themselves in case of breach of professional duty.

* Page 44 and Appendix 2. [3437 ’if—2] M House of Commons Parliamentary Papers Online. Copyright (c) 2006 ProQuest Information and Learning Company. All rights reserved.