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the person convicted to prison or take security for him to come up for judgment, or to deliver himself for execution of the judgment (as the case may require) at an appointed time and place.
86. An appellant shall not be entitled to be present at the hearing of an Appeal except by leave of the Full Court, or of the Court before which he was convicted.
87.-(1) Appeals under Articles 82 and 83 shall be heard and determined by the Full Court.
(2) In the hearing and determination of such appeals the Full Court shall, so far as circumstances admit, follow the practice of the Court of Criminal Appeal in England and the provisions con- tained in section 1 (5), 4, 5, 6, 8, 9, 11 (2) (3), 17 and 21 of the Criminal Appeal Act 1907. (a)
Provided that the Full Court shall not annul a conviction or sentence or vary a sentence, on the ground-
(a) of any objection which, if stated during the trial, might, in the opinion of the Court, have been properly met by amendment at the trial; or
(b) of any error in the summoning of the jury or the
assessors; or
(c) of any person having served as a juryman or an assessor
who was not qualified; or
(d) of any objection to any person as a juryman or assessor which might have been raised before or at the trial;
or
(e) of any informality in the swearing of any witness; or (f) of any error or informality which, in the opinion of the Court, did not affect the substance of the case or subject the convicted person to any undue prejudice. (3) The Full Court shall not award costs to either side in an appeal under Article 82, but may do so in an appeal under Article 83.
88. Where a person is convicted of any offence before any Court, if the judge of such Court thinks fit to reserve for the con- sideration of the Full Court any question of law arising at the trial, he shall state a case, setting out the facts and the grounds of the conviction and the question of law, and send or deliver it to the Registrar, and the Full Court shall so far as circumstances admit follow the practice of the High Court in England on a case stated under the Summary Jurisdiction Act 1857.(b)
89. There shall be no appeal in a criminal case to His Majesty the King in Council from a decision of the Full Court except by special leave of His Majesty in Council.
(a) 7 E. 7 c. 23.
(b) 20-1 V. c. 13.
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Fugitive Offenders.
90. The Fugitive Offenders Act, 1881,(a) and the Colonial Prisoners' Removal Act, 1884, (b) shall apply to Egypt as if it were a British possession and part of His Majesty's dominions.
Subject as follows:-
(a) The High Commissioner is hereby substituted for the
Governor or Government of a British possession.
(b) The Supreme Court is substituted for a Superior Court
of a British possession.
(c) The Supreme Court and each Provincial Court is sub- stituted for a Magistrate of any part of His Majesty's dominions.
(d) For the purposes of Part II. of the said Act of 1881, and of this Article in relation thereto, Egypt, Malta, Gibraltar, Cyprus, Aden and India shall be deemed to be one group of British possessions.
Part IV.-Civil Matters.
91. Subject to the provisions of this Order, the civil jurisdic- tion of every Court acting under this Order shall, so far as circumstances admit, be exercised on the principles of, and in conformity with English law for the time being in force:
Provided that in all matters relating to marriage, dissolution of marriage, inheritance, wills, gifts, family relations or other matters involving religious law or custom, the Court shall, if no conflict of laws arises by reason of the different religions of the persons concerned, in the case of a person belonging to a non-Christian community, other than the Jewish community, recognise and apply the religious law or custom of the community to which such person belongs, if such person is domiciled in Egypt or in some other country where the religious law or cus- tom of his community would in such matters be applied to him, and in cases where such conflict of laws arises may apply such law or customs as seem to it proper in the circumstances; and Provided that without prejudice to any rule to the contrary in the law of any non-Christian community applicable under the preceding proviso all real property of any person dying after the commencement of this Order shall devolve as if the same were personalty.
92. Where no evidence is offered to the contrary, or where, upon the evidence before the Court, the Court is unable to deter- mine the domicil of any person, not of African or Asiatic descent, such person may be presumed to be domiciled in England.
(a) 44-5 V. c. 69.
864
(b) 47-8 V. c. 31.
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86