justice 263
Justice.
The indigenous tribunals of the country are the Mehkemas, presided over by the Qddis. At the present time, they retain jurisdiction only in matters of personal law (marriage, succession, kc. ), and wakfs — the latter being either charitable foundations, or family settlements with an ultimate remainder in favour of a charitable foundation — and also in certain non-religious cases {e.g. succession) between non-Moslem natives. In matters of personal law other than intestate succession non -Mussulmans are, however, in general subject to their own Patriarchate, or other religious authority. In other matters, natives are justiciable before the so-called Native Tribunals estab- lished in 1883. These now consist of 90 Summary Tribunals, each presided over by a single judge, with civil jurisdiction in matters up to £E150 in value, and criminal jurisdiction in offences punishable by fine or by imprisonment up to three years, that is, police offences and misdemeanours ; eight Central Tribunals, each of the Chambers of which consists of three judges ; and a Court of Appeal at Cairo, about one-third of its members being European. Under a law of 1904, there are also weekly sittings in the Governorate Qisms (to the number of 28) for the disposal of petty offences, the judge having powers up to three months' imprison- ment or fine of £E10, and the prosecution being conducted by the police. Civil cases not within the competence of the Summary Tribunals are heard in first instance by the Central Tribunals, with an appeal to the Court of Appeal. The Central Tribunals also hear civil and criminal appeals from the Summary Tribunals. Since 1905 serious crimes (and, under a law of 1910, all press offences) are tried at the Central Tribunals by three judges of the Court of Appeal sitting as an Assize Court, assizes being held monthly. There is a recourse on points of law, in criminal matters, to five judges of the Court of Appeal sitting in Cairo as a Court of Cassation. The prosecution before Summary Tribunals and Assize Courts is entrusted to the Parquet, which is directed by a Proeureur General ; the investigation of crime is ordinarily conducted by the Parquet, or by the police under the direction of the Parquet : cases going before an Assize Court are further submitted to a special committing judge. Offences against irrigation laws, Ac, are tried by special administra- tive tribunals.
The so-called "Cantonal Courts," created by a law of July, 1912, should also be mentioned. They are composed of village notables, and have general civil jurisdiction in suits up to £E5 in value, besides an extended jurisdiction in special matters, and a petty criminal jurisdiction with penalties up to 24 hours' imprisonment or PT25 fine. The jurisdiction of each court extends to a group of villages. The courts are now 236 in number.
Owing to the Capitulations, which still apply to Egypt, foreigners are exempted from the jurisdiction of the local tribunals. Mixed tribunals were instituted in 1876, consisting partly of native and partly of foreign judges, with jurisdiction, in civil matters, between natives and foreigners and between foreigners of different nationalities, or even between foreigners of the same nationality if the dispute relates to land in Egypt. These Tribunals have, also, a limited penal jurisdiction, notably in cases of police offences, offences against the bankruptcy laws, and misappropria- tion of property seized by order of the tribunal. There are three Mixed Tribunals of First Instance, with a Court of Appeal sitting at Alexandria.
