93
44
Actions in respect of copyright, trade-marks, etc.
117. No action shall be brought for the protection of any copyright, trade-mark, patent, or design by any person who is not a British subject, unless either (a) an arrangement is in force between His Majesty's Government and the Government of the State or Power to which the plaintiff belongs, or (b) the Court is satisfied that effectual provision exists for the protection in some Court in Egypt of the rights and interests of British subjects in copyrights, trade-marks, patents, and designs in- fringed by the subjects of such State or Power.
Where such an arrangement is in force, the High Commis- sioner may issue a notification to that effect, and the Court shall take judicial notice thereof.
Distress for rent.
118. Any person desirous of levying a distress for rent may apply to the Court to appoint a bailiff to levy such distress, and the Court may thereupon, and upon the applicant giving suffi- cient security to answer for any misconduct on the part of such bailiff, appoint a person to act as bailiff to levy such distress.
Enforcement of Judgments.
119. In addition to the powers of the Court to enforce its orders or judgments under English law, the Court may execute process against any British subject to the like extent and in like manner as any Court established in Egypt with His Majesty's
concurrence.
Appeals.
120. (1) An appeal from a Local Court shall lie as of course to the Supreme Court on the appellant making a deposit of one pound for costs to abide the decision on appeal, and execution shall thereupon be suspended.
(2) After one month from the date of the decision of the Local Court an appeal shall not lie except by leave of the Supreme Court.
(3) The procedure on an appeal from a decision of a Local Court shall be as nearly as may be the same as on an appeal from a Provincial Court.
(4) The Supreme Court may on the application of any party or of its own motion direct that an appeal from a Local Court be heard and determined by the Provincial Court.
121.-(1) Where an action in a Provincial Court involves the amount or value of fifty pounds or upwards, any party aggrieved by any decision of that Court in the action shall have the right to appeal to the Supreme Court against the decision, on such terms and conditions as may be prescribed by Rules of Court.
45
(2) In any other case a Provincial Court may, if it thinks fit, give leave to appeal on like terms.
(3) In any case the Supreme Court may give leave to appeal on such terms as it thinks fit.
122.-(1) Any party to an action in the Supreme Court, or to an appeal to the Supreme Court, aggrieved by the decision of that Court or by the verdict of a jury, may as of right move the Supreme Court to rehear such action or appeal.
(2) The motion shall be heard by the Full Court unless, in the case of an appeal from a Provincial Court, the Judge of the Supreme Court otherwise orders, or unless, in the case of an action in the Supreme Court, the parties otherwise agree.
(3) On such motion the Full Court may make any order that may be made by the Court of Appeal in England in the exercise of its ordinary appellate jurisdiction.
(4) An application for a rehearing shall be made within the prescribed time.
Appeals to His Majesty in Council in Civil Matters.
123. Subject to the provisions of this Order, an Appeal shall lie to His Majesty in Council-
(1) As of right from any final judgment of the Full Court made in a civil action, where the matter in dispute on the appeal amounts to or is of the value of five hundred pounds or upwards, or where the appeal involves, directly or indirectly, some claim or question to or respecting property or some civil right amounting to or of the value of £500 or upwards; and
(2) At the discretion of the Full Court, from any other judgment of the Full Court, whether final or inter- locutory, made in a civil action, if, in the opinion of the Full Court, the question involved in the appeal is one which, by reason of its great general or public importance or otherwise, ought to be submitted to His Majesty in Council for decision.
124. Applications to the Full Court for leave to appeal shall be made by motion within fifteen days from the date of the judgment to be appealed from, and, unless the application is made in Court at the time when such judgment is given, the applicant shall give the opposite party notice of his intended application.
125. Leave to appeal under Article 124 shall only be granted by the Full Court in the first instance—
(a) Upon condition of the appellant, within two months from the date of the hearing of the application for leave to appeal, giving security, to the satisfaction of the Supreme Court, to an amount not exceeding five
94