SUMMARY TRIBUNAL OF MOUSKY 12 DECEMBER 1900. M. Hafez Effendi Loutfi (J). CHEIKH ABDUL MAGHID MUHAMMAD v. SAYED MUHAMMAD EL HELOU (O.D. Art. 15). Native Tribunals—Jurisdiction RATIONE PERSONÆ—Moors. The Native Tribunals have jurisdiction to try cases between Natives and Moors or between Moors alone. The said Tribunals are Courts of general jurisdiction in Egypt. Consequently their competence ratione personæ extends to all persons who are not excluded from this jurisdiction by laws or treaties. (1) The contention that the Moors are excluded from such jurisdiction by Art. 9 of the Statute of Judicial Organisation for Mixed Suits, which gives jurisdiction to the Mixed Courts in cases where "foreigners" are concerned is inadmissible inasmuch as the Mixed Tribunals merely succeeded (within prescribed limits) to a jurisdiction previously exercised by the Consular Courts, it follows that the word "foreigner" in the said article includes only such persons as were not, at the time when the Mixed Tribunals were created, amenable to the jurisdiction of the local Courts (Magalis Mahallieh). The Moors however were amenable to such jurisdiction. That the meaning of the word "foreigner" is to be thus restricted is further shown by the provision, contained in Art. 18 of the said Statute of Judicial Organisation, that, when judgment is given by a Mixed Court against a foreigner, the consular authority must be notified of the day and hour fixed for the execution of such judgment. This enactment proves that it was not contemplated that the jurisdiction of the Mixed Courts should extend to persons, who like the Moors, have never enjoyed consular representation. (1) N.B. According to the decisions of the Mixed Tribunals the Moors are to be considered as "foreigners" and as such are amenable to such Tribunals—see judgments of the Mixed Court of Appeal of 5 June 1879 (R. O. IV, 390), 7 May 1890 (B.L.J. II, 118), 10 January 1900 (B.L.J. XII, 71. (2) Cf. App. 27 February 1900 (O.B. II, 43).