96 



Article 8. Testimony duly signed shall be accepted as fact until proven to the 

 contrary. The recorder shall read the testimony, together with any report which 

 may accompany it. 



Following this the accused will set forth the character of his defense, and, if the 

 same court tries th^ case, he will then give his testimony. 



The character of the defense and the depositions of testimony shall be briefly 

 stated by the recorder in a report. The commission shall, l^efore adjournment, give 

 its decision, which must be justified 1)y the facts. 



They may require additional testimony if they ])elieve it necessary. In such 

 event they shall fix the day and hour when the new evidence shall be heard, which 

 must be within fifteen days. 



Article 9. If the accused does not appear at the first hearing, the commission 

 shall ascertain if the provisions of articles 4 and 5 relating to the smninons have 

 been observed. If any irregularity l>e found, they shall order a new hearing, which 

 shall take place within three days. 



Article 10. If the sunnnons has l)een properly issued, judgment by default will 

 be given, and no appeal may l>e taken. 



Akticlk 11. Where an appeal is granted in accordance with the provisions of 

 article 38 of the law on levees and canals, the accused, in making the appeal, must 

 produce a receipt showing that he has deposited in the treasury of the province the 

 amount of the fine and damages which have been imposed. 



The appeal will not be received if it is not accompanied by the said receipt. 



The appeal shall be transmitted within three days to the minister of the interior, 

 with the decision and the other pai)ers in the case. 



Article 12. During the period of rotation in the sunnner— that is, the peritxl dur- 

 ing which rotations apply to machines and pumps — the commission shall assemble at 

 least once a week. But if, within three days before the time of meeting, there has 

 been no summons, and there is no case of emergency, the governor may give notice 

 to the members of the commission that no meeting will be held during the said 

 week. 



Article 13. The governor shall be charged with the execution of the decisions, 

 both of the commission and of the special committee of appeal. 



Appendix II. 



INSTALLATION OF MACHINES FOR ELEVATING WATER. 



[DL'CTfc of Marcli s, 18S1.] 



Article 1. Any person, before establishing a machine for elevating water either 

 for irrigation or drainage, whether the machine be stationary or movable, or 

 propelled liy steam or by a current of water, or l)y the wind, must receive permission 

 from the public works ministry. This i)ermit carries with it no right or title to the 

 public or private lands traversed by the pipes, conduits, aqueducts, head gates, or 

 occupied by the pumping plant, in any way whatsoever. The government remains 

 neutral in all respects in all disputes between the people and the person receiving 

 the permit and leaves to him all responsibility resulting from damages which may 

 occur in the installation of the plant or in any other way. 



Article 2. The erection of stationary elevating machines will be authorized only 

 upon the banks of the Nile. At the same time the minister of public works may 

 make exception and authorize the establishment of such machines upon certain 

 canals. The minister is to be sole judge of the expediency of issuing a permit, and 

 to him will be left all freedom regarding all agreements and conditions to which it 

 will be subjected, as the case may demand. 



