The minister of foreign affairs and of justice, CHÉRIF to Farman, December 23, 1876

Chérif Pacha to Mr. Farman.

conflicts of authority in bankruptcy between the consular courts and the new tribunals.

Mr. Agent and Consul-General: During the judiciary term which has just ended, conflicts as to competence in bankruptcy cases have taken place between the consular courts and the tribunals of the reform. These disputes may be renewed, and give rise to serious complications, because, as a general rule, bankruptcies in Egypt involve multifarious interests and persons of different nationality.

To adopt a method of procedure which anticipates these complications and simplifies the action of justice, this will be evidently to answer the needs of all those who find themselves obliged to have recourse to that action.

The new magistrates called upon to examine the situation have considered it from all points, and have set forth their opinion, voluminously elaborated and reasoned, in a report, which Mr. Lapenna, vice-president of the court of appeal, has lately addressed to me.

I have the honor to place this report before you, Mr. Agent and Consul-General, recommending your attention to it.

The considerations of fact and of law which it contains emanate from magistrates whose experience and authority in such matters are apparently indisputable.

The conclusions which are therein set forth are but the direct consequence of these considerations, which all concur in demonstrating the grave inconveniences of the actual state of things, and the necessity for their remedy by the adoption of a system capable of unifying the action of justice, at present too divisible, and thus avoid the conflicts which this division may entail.

I believe, therefore, that I cannot do better, Mr. Agent and Consul-General, than to transmit to you the report just as it has been transmitted to me, which appears to be the most exact and impartial statement of the situation and of the best means to regulate it.

In agreeing with the views of the new “magistrature,” with no other object than the interests of justice, that is to say, the interests of all, the government of the Khédive, Mr. Agent and Consul-General, hopes that the American Government, in presence of the weighty considerations which have determined these views, will be pleased to agree with them and grant its high sanction to the application of the means proposed, which will be a new guarantee for the success of the reform to which it has always lent so efficacious and so kind a support. Receive, Mr. Agent and Consul-General, the expression of my high consideration.