أوراق مطبوعة عن الوضع السياسي والسياسة العسكرية في مصر [ظ‎‎٧‎٠] (١٧٦/١٤٠)

the 30th June, 10;^, but in view of its very beneficial efiects, and the generally-
expressed opinion as to the necessity for its continuance, it is probable that the
measure will be renewed for a further period of a year. It is to be observed that this
law was put into effect as regards capitulary foreigners by a proclamation under
martial law.
503. Law No. 14 had for its object to set up commissions to fix the rents of
agricultural lands for the year 1920-21.
504. The extraordinary rise in the price of cotton in 1919 naturally had its
effect on the rents of agricultural lands, which in the year 1920 reached an excep
tionally high figure. The sudden fall in prices in 1920-21 caught the fellah unawares,
as he had, at the time of the cotton boom, signed leases on the basis of the high prices
then prevailing. In these circumstances considerations of equity and public policy
called for legislative intervention. Without such intervention the tenant fellaheen
who make up an important portion of the population, would have been in many cases
completely ruined, and the discontent thereby engendered would certainly have
resulted in serious disturbances.
505. The law provides for the setting up in each mudiria of one or more
Agricultural Rent Commissions. These commissions, composed of a judge of the
Native Courts acting as president, and two notables representing the landlords and
the tenants respectively, are entrusted with the task of examining complaints put
forward by tenants, with a view to fixing the total rent payable for the agricultural
year 1920-21.
506. The conditions on which complaints are receivable are :—
(1.) That the lease had been drawn up in the year 1920 for a term including the
agricultural year 1920-21.
(2.) That the agreement provides for the payment of rent in money either in
whole or in part.
(3.) That the lands have been let in contemplation of a normal cotton
cultivation.
The law also lays down certain rules of procedure. It is probable that the law
will be renewed for the year 1921-22.
507. It was not possible to make this law applicable to foreigners save under
martial law, and in spite of the lively unofficial protests of certain Ministers, I
refused to exercise my powers in this case. My reasons for refusal, apart from my
general reluctance to resort to martial law legislation, save in cases of necessity,
were (a) that in dealing with agricultural rents we were not, as in the case of house
rents, following a nearly world-wide precedent, and (6) that such regulation, once
embarked upon, is not unlikely to lead to far-reaching modifications in the system of
land tenure, in which it is not desirable that my exceptional powers should be
involved.
508. Another law of which mention may be made is No. 30, which introduces
into the Code of Civil and Commercial Procedure of the Native Courts a new article
(No. 371 bis), couched in the following terms :—
“ Whenever, in the investigation of a case, any chamber of the Court of
Appeal shall be of opinion that on the point of law to be decided there is a
conflict of previous decisions, or shall be inclined to depart from earlier
decisions, it shall have power to adjourn the case for re-hearing by a general
assembly of the court composed of at least fifteen judges, making up an unequal
number. Owing to the non-existence of a Supreme Court, it was necessary to
find a means of obviating the inconvenience resulting from the numerous contra
dictory decisions recorded by different chambers of the Court of Appeal on the
same point of law.”
509. The system introduced by Law No. 30 having already been successfully put
to the test since the year 1906 in the Mixed Court of Appeal, there is reason to believe
that the same beneficial results will follow on its introduction to the Native Courts,
and that these tribunals will increasingly tend to follow the jurisprudence emanating
from the general assembly of the Court of Appeal.
510. Law No. 2 was an emergency measure designed to cope with a very remark
able situation. There is no specific legislation in Egypt regulating the formation of
trades unions, a fact which has not prevented the creation in recent years of a con
siderable number of these bodies. Early last year the Union of Tramway Employees