95 



If the omdeh and tlie gheiks are absent, the said testimony shall l)e signed by the 

 head officer of the district, or by one of the referees of. the i)rovince or of the districts, 

 or by an agent of police, on contlition that they have presented direct evidence of 

 the offense. 



In the absence of these officials or of an agent of police, it will Ix' sufficient in the 

 prosecution if the testimony be countersigned, or simply signe<l, without a second 

 signatui'e l)eing necessary, l)y an inspector of irrigation, a chief engineer, a director 

 of public works, a superintendent of contracts, or an engineer appointed by the 

 inspector of irrigation. 



If the chief engineer should appoint a referee, or the insjiector of irrigation an engi- 

 neer, to take testimony in accordance with the provisions of this article, the governor 

 should ))e informed innnediately of the name of the person so appointed and the 

 object of his appointment. The authority and duties of a person so appointed sliall 

 concern only a single case or a group of cases or a certain locality, in which the 

 appointee must spend a tixed period, such as, for example, the l)reaking of regula- 

 tions concerning rotation in the use of water from a certain canal or in a certain 

 district during the period of rotation. 



Article 2. The testimony shall be dated and must contain the following infor- 

 mation : 



(1) The full name, occupation, and residence of the accused. 



(2) Pi-oof of the act constituting the offense and of the time and of the place 

 where committed. 



All testimony shall be recorded, together with all the circumstances arising from 

 the culpability of the accused, and shall be forwarded within twenty-four hours to 

 the governor, accompanied ])y a statement fixing the amount of damages. 



Article 3. A si)ecial register shall be kept at the office of the governor by an 

 employee, who shall act as recorder for the commission. In this register lie shall 

 enter immediately — 



(1) The date of the receipt of the rejioi-t. 



(2) The date of the taking of testimony. 



(0) The full name, occupation, and residence of the accused. 

 (4) The character of the offense. 



Article 4. Within twenty-four houi's after receipt of the report the recorder shall 

 summon the accused to appear before the commission. This summons, in duplicate, 

 must contain — 



(1) The full name, occupation, and residence of the a*-cused. 



(2) The character of the offense. 



(3) Citation of the relevant ]irovisions of the law. 



(4) The day and hour when the accused shall appear. 



At least three full days must intervene between the date of tlie summons and the 

 date of appearance. 



Article 5. An agent of the government shall be appointed to deliver a dui)licate 

 of the summons to the accused. 



He shall make mention of such delivery at the bottom of both the original and 

 duplicate summons, and shall affix the date of his signature. 



The accused shall also sign or stamp the summons. In case of refusal or absence 

 such fact shall be noted thereon, and the original summons shall be delivered to the 

 sheik, who shall acknowledge receipt thereof. 



Article (5. The recorder shall enter in the register provided for in article 3 the 

 date of the summons and all proceedings to and including the final decision. 



Article 7. The accused shall appear before the commission in person on the day 

 and hour specified. 



He may not in any event claim any irregularity whatever in the summons, for the 

 fact of his appearance would nullify any such claim. 



