agreement was entered into between the Khedive and Germany. On July 31, 1875, it was agreed between the British and Egyptian Governments,' that all or any of the stipulations and reservations contained in the conventions relating to judicial reforms, concluded between the Egyptian and the French and German Governments, and any other arrangements which the Egyptian Government might have already made, or might thereafter make with any foreign Power on that subject, should be immediately and unconditionally extended by the Egyptian Government to Great Britain, and to

1 The texts of the protocols whereby the French Government in 1874, and the German Government in 1875, respectively adhered to the Egyptian judicial reform, are set out in the Annuaire de l'Institut de Droit International for 1887, at p. 337. The English Convention of 1875 is in similar terms. The Egyptian Government for a long time after the establishment of these tribunals did not pay the debts, or damages, adjudged to be payable by it by virtue of sentences of these Courts. The reason alleged was incapacity to pay for want of means. The question of execution very rarely occurred, because in Egypt there is very little of the Domaine Privé, as opposed to the Domaine Public; the former is seizable, the latter is not, because it is affected to public uses. In the case of Keller v. the Egyptian Government, in 1876, the plaintiff, having established his claim before one of the tribunals to be paid all arrears of salary due to him as an officer of the Government, proceeded to place a sequester on the funds of the State lying in the Egyptian treasury. The Court of Appeal in 1878 overruled his right to sequester, on the ground that property of the Domaine Public could not be seized; but the Court of Appeal thought itself bound to note this judgment by a memorandum as follows:-The Court of Appeal has long demanded from the Egyptian Government the execution of the sentences given against it, and has for some months past pointed out that a crisis would arise, if the Government, availing itself of the limits imposed on the tribunals by the Judicial Treaty and the general principles of law on the insequestrability of the property of the State, should persist in avoiding the consequences of all adverse judgments. The Court is of opinion that the situation is not only derogatory to the dignity of the Egyptian Government, but that it will also irreparably compromise the judicial reform in Egypt if it is allowed to continue. The Court maintains, as a matter of great urgency, that it is necessary to assure to the creditors of the Government a protection as complete as that which the Courts accord to all parties in their legal relations with each other. The Court begs its President to transmit this declaration to the Egyptian Government, and further authorises its foreign members to communicate it to the Powers, in the hope that their intervention will lead to a prompt and satisfactory settlement.'

A copy of this was ordered by the Court to be forwarded to the Egyptian Government and to the seven Great Powers who had signed the Judicial Treaty. This led to a peremptory despatch from Germany, followed by similar notes from the other Powers. From that time all sentences of the Courts have been executed without difficulty, and the question has been completely laid at rest. If the creditors had contented themselves with levying execution on property of the Domaine Privé, such as palaces, yachts, salt-pits, &c., no difficulty would have occurred; for instance, in the case of the Gezireh Palace horses the International Court imprisoned and fined the Prefect of Cairo for resisting its writ, and the judgment was at once satisfied by payment.

Constitution of these

British subjects, should the British Government at any time express a wish to that effect. The Reformed Tribunals were inaugurated by order of the Khedive on June 28, 1875, with power to entertain a mixed procedure between natives and foreigners. For the use of these tribunals, new Egyptian codes were drawn up, consisting of a Civil Code, a Code of Commerce, a Code of Marine Commerce, a Code of Civil and Commercial Procedure, a Penal Code, and a Code of the Criminal Process (Instruction): they were ordered to come into force on January 1, 1876.

§ 31. The constitution of these tribunals is as follows:There are three tribunals of first instance at Alexandria, tribunals Cairo, and Zagazig. Each tribunal is composed of seven inferior judges ( juges), four being foreigners, and three natives. The judgments are delivered by five of these judges, of whom three must be foreigners and two be natives. One of the foreigners presides, with the title of Vice-President, and is chosen by the decided majority of the foreign and native members of the tribunal. In commercial matters the tribunal associates to itself two merchants, one foreigner and one native; they have the right of deliberation, and are chosen by election. There is at Alexandria a superior tribunal, or Court of Appeal, composed of eleven superior judges (magistrats), four being natives and seven being foreigners. One of these foreign judges presides, under the title of VicePresident, and is chosen in the same manner as the vicepresidents of the lower tribunals. The decrees of the Court of Appeal are made by eight of the superior judges, of whom five must be foreigners and three be natives. Both at the Court of Appeal, and at each tribunal, there are sworn interpreters chosen by the Government. These tribunals alone take cognisance of all disputes in civil and commercial matters, between natives and foreigners, and between foreigners of different nationality, not affecting the personal status (en dehors du statut personnel). They are to take cognisance also of all real actions (actions réelles immobilières) between all persons, even belonging to the same nationality. The Government, the Administrations, the Daïras (the administration of the personal estate) of His Highness the Khedive, and of the members of his family, are justiciable in these tribunals, in process with foreigners. These tribunals, without being

able to adjudicate upon property of the public domain (domaine public), or to interfere with or to arrest the execution of an administrative measure, may adjudicate, in cases provided by the Civil Code, in any attempt directed against a right acquired by a foreigner by an act of administration. Demands of foreigners against a religious (pieux) establishment, claiming the real property possessed by such an establishment, are not to be submitted to these tribunals; but these tribunals may determine on the intended demand, on the question of legal possession, without reference to whom may be the plaintiff or defendant. The fact alone of the existence of a hypothèque (mortgage) in favour of a foreigner on real property, without reference to the possesseur and to the propriétaire, renders these tribunals competent to determine on the validity of the hypothèque and on all its consequences, up to and including the forced sale of the realty, as well as the distribution of the proceeds. All proceedings are conducted in the language of the country, Italian and French. The execution of the judgments takes place apart from all administrative consular action or otherwise, and is on the order of the tribunal. It is carried out by the officers of the tribunal, with the assistance of the local authorities, should the same be necessary, but always apart from all administrative interference. The officer charged with the execution is obliged to warn the consulate involved of the day and hour of the execution, under pain of nullity and of damages against himself. The consul so warned has the means of being present at the execution, but in case of his absence, the matter is proceeded with, notwithstanding. In case of silence, insufficiency, or obscurity of law, in the Codes above mentioned, the judges may adopt the principles of natural law and of the rules of equity. In Criminal matters, in the case of foreigners, the judge of infractions (contraventions) is one of the foreign members of the tribunal. The Council Room (chambre de conseil), both in matters of offences (délits) and in matters of crimes, is composed of three judges, of whom one must be a foreigner and two be natives, and of four foreign assessors. The Police Court (tribunal correctionnel) is composed in like manner. The Assize Court is composed of three Councillors, one native and two foreigners; the twelve jurymen are foreigners. Half the assessors and jury

may at the demand of the accused be of his nationality. The consul of the accused must without delay be advised of all prosecutions for crimes or offences directed against the latter. The examination and the trial are to be in the judicial language which the accused knows. Except in the case of a flagrant offence, or of a call from within a house, no house of a foreigner may be entered during the night, save in the presence of the consul or his delegate, unless the consul had authorised it to be entered in his absence. If the consul claims that a matter in prosecution appertains to his jurisdiction and that it ought to be submitted to his tribunal, the question, if contested by the Egyptian Government, is to be referred to the arbitration of a council composed of two councillors or judges, chosen by the president of the court, and of two consuls, chosen by the consul of the accused.

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CHAPTER XII

DETERMINATION OF NATIONAL CHARACTER

1. National character, how determined.-2. Rights of allegiance and naturalisation-3. Municipal laws relating to these rights-4. Apparent conflict of these laws-5. National character changed by personal domicil-6. By a new commercial domicil-7. Domicil defined8. Different kinds of domicil-9. Intention the controlling principle -10. Necessity of some overt act-11. Circumstances of residence12. Effect of domestic ties, &c.-13. Investment of capital and exercise of political rights-14. Character and extent of business-15. Length of residence-16. Distinctions in favour of American merchants17. Presumptions arising from foreign residence-18. Evidence to repel this presumption-19. Ministers and Consuls-20. Other public officers-21. A wife, minor, student, and servant-22. A soldier, prisoner, exile, and fugitive-23. Effect of municipal laws on domicil -24. Of treaties and customary law-25. Temporary residence for collection of debts-26. A merchant may have several national characters-27. Native character easily reverts-28. Leaving and returning to native country-29. Belligerent subjects during war30. Effect of military occupation-31. Of complete conquest-32. Of cession without occupation-33. Of revolution and insurrection34. Of a particular trade-35. This differs from domicil-36. Habitual employment-37. National character of ships and goods.

§ 1. NATIONAL CHARACTER may be determined from origin, National character, naturalisation, domicil, residence, trade, or other circumstances. how de That which results from birth or parentage, follows the individual wherever he may be, till it is changed in one of the modes established or recognised by law : such as expatriation, naturalisation, domiciliation, &c. Native allegiance is a legal incident of birth, and is the implied fidelity and obedience due from every person to the political sovereignty under which he is born. This is a principle of universal law, and is sanctioned alike by international jurisprudence and by the municipal codes of all countries. How far, and in what manner, this

'Local allegiance is such as is due from an alien or stranger born, for so long a time as he continues within the King's dominion and protection; and it ceases the instant such stranger transfers himself from this kingdom to another.' (Blackst., Comm., vol. i. 457.) 'Natural allegiance is perpetual, local allegiance is only temporary; and for this reason, evidently founded upon the nature of government, that allegiance is a debt due from the subject, upon an implied contract with the prince, VOL. I. DD