Page:United States Statutes at Large Volume 47 Part 2.djvu/240

 1846 CONVENTION-AMERICAN RIGHTS IN IRAQ. JAN. 9,1930. (d.) (e.) (I·) (g.) That in civil actions over 750 rupees in value, foreig!lers who are parties to the cause may claim that the final judgment in a Court of First Iustance shall be given, and that appeals or applications for revisions sh"ll be heard by a Court presided over by a British Judge and com- posed so as to include one British Judge in a Court of three or less than three, two British Judges in a Court of four or five, and three British Judges in a Court of more than five. That in criminal cases foreigners may claim that their appeal or application for revision shall be heard by a Court presided over by a British Judge and composed as prescribed by the precedinr paragraph, or if all the parties joining in such appea or application are foreigners and agree to that course, by a British Judge sitting alone. A foreIgner who is a party to the proceedings and has not sufficient knowledge of Arabic to understand them may claim that all proceedings shall be translated in English and the Magistrate shall so order if he considers the claim to be well gJ;ounded. That in the towns of Bagdad and Basrah and their environs and in all other places where a British Judge or Magistrate having jurisdiction for that purpose is avail- able the house of a foreigner shall not be entered by any judicial or administrative authority except on a warrant issued by a British Judge or Magistrate. Where no British Judge or Magistrate is available as above and in all cases where the police are by law allowed to enter houses without search warrant, the house of a foreigner shall not be entered without a report of such entry being immediately made to the nearest British Judge or Magistrate. ARTICLE 3. His Majesty the King of Iraq undertakes that every law affecting the jurisdiction, constitution or procedure of Courts or the appoint·. ment and discharge of Judges shall, before being presented to the legislature, be submitted in draft to the High Commissioner for his views and advice on such of its provisions as concern the interests of foreigners. ARTICLE 4. In matters relating to the personal status of foreigners or in other matters of a civil ana commercial nature in which it is customary by international usage to apply the law of another country, such law shall be applied in manner to be prescribed by law. Without preju- dice to the provisions of any law relating to the jurisdiction of reli- gious courts, or to such powers of Consuls in regard to the adminis- tration of estates of their nationals as may be recognised under agree- ments concluded by the Government of Iraq, cases relating to the personal status of foreigners will be dealt WIth by the Civil Court, subject to the conditions of this agreement. In questions of mar- riage, divorce, maintenance, dowry, guardianship of infants and suc- cession of movable property, the President of the Court hearing the case, or, in case of appeal or revision, the President of the Court of Appeal and Revision hearing the case may invite the Consul or rep- resentative of the Consulate of the foreigner concerned to sit as an expert for the purpose of advising upon the personal law concern~d.