v. Recidive, 1°.

v. Theft, 2°.

A mandara (reception room) in which a number of people are present is not a public place within the meaning of Art. 153 P.C. Consequently an insult offered in such circumstances is not punishable under Art. 281 P.C. but under Art. 346 of the same Code. (Sum. Trib. Guirgueh, 15 February 1903; No. 54, p. 48).

v. Pension.

v. Revocation of judgment (Petition for—), 1° III.

v. Revocation of judgment (Petition for—), 1° II.

v. Cassation (Substantial nullity of judgment).

v. Cassation (Substantial nullity of procedure).

v. Revocation of judgment (Petition for), 2°.

v. Jurisdiction (Forum rei), 1°.

The decision given by a Tribunal of First Instance sitting in chambers on the opposition made to a taxing order is a true judgment; it may therefore be appealed against by application of the general principle of law that all judgments are open to appeal unless the law has specially decided otherwise. (App. 23 December 1902; No. 64, p. 55).

The law having laid down special rules of procedure for tender (C.C.C. Pr. Art. 685 follg.) proof by witnesses cannot be admitted. Such admission would moreover lead in certain cases such as the present to the evasion of the general rules by which proof by witnesses is regulated. (Trib. App. Assiout, 17 December 1901; No. 8, p. 4).

v. Police Supervision, 1°.

v. Cassation (Substantial nullity of judgment), 12°.

١ The keeper of a bathing establishment who fraudulently appropriates property entrusted to him by a person taking a bath in his establishment, comes within the class of persons mentioned by Art. 292 para. 4 P.C. and is punishable under that article and not under Art. 315 of the same Code. (Trib. App. Kena, 2 February 1903, No. 51, p. 47).

٢ The theft of cereals after their removal from the field to a gorn (threshing-floor) constitutes a theft punishable under article 300 of the Penal Code and not under article 295. (Sum. Trib. Sohag, 30 June 1902; No. 108, p. 86).

٣ v. Hard labour (Imprisonment with—).

The punishment for attempted theft is that immediately below the punishment provided for the completed offence (Arts. 11 and 302 P.C.) and not the minimum of such penalty. Consequently the penalty for attempt to steal growing crops accompanied by any of the circumstances mentioned by Art. 296 of the Penal Code must necessarily be less than eight days, the term of imprisonment for the completed offence being fixed by that article at from eight days to three months. (Cir. No. 9, 22 May 1902; No. 11, p. 4).

v. Theft, 2°.

v. Citation (Regularity).

v. Appeal (Time for—); Cassation (Substantial nullity of judgment), 7°.

An Eshhad made before a Mehkemeh in Turkey by the owner of an immovable situated in Egypt to the effect that another person is the owner thereof constitutes, provided there is acceptance either express or tacit on the part of the latter, a deed capable of conveying ownership, and consequently is not established, as against third parties, unless transcribed in Egypt. (App. 23 December 1902; No. 104, p. 85).

v. Sale, 1°.

The prohibition of usurious interest is a matter of public policy, and it may therefore be proved by any method that sums stipulated in a lease are in reality of that nature, even if such proof has for effect to prove against the contents of a document or has reference to a sum exceeding P.T. 1000. (Trib. Sum. Tantah, 26 February 1903; No. 96, p. 77).

v. Cassation (Substantial nullity of judgment, 6°, 8°); Continuing offence.

v. Cassation (Substantial nullity of judgment), 6° I, 8°.

v. Hard labour (Imprisonment with—); Police Supervision, 2°.

v. Cassation (Substantial nullity of judgment), 10°.

v. Preemption, 1°.

١ I.—One of two Nazirs, invested with the duty of administering the same Wakf, is not permitted to act by himself without the consent of his co-Nazir, unless his action is in the interest of the Wakf, as for example, where a Nazir demands the cancellation of a lease granted under conditions contrary to those laid down by the Muhammadan Law. II.—In order to determine for what period a lease of Wakf property may be made, it is first of all necessary to examine the document founding the Wakf in question, and secondly, if the said document is silent on the point, the prescriptions of Muhammadan Law must be applied. The rules applicable to the case cannot be eluded by granting a lease of the property for a future period, before the termination of a lease still running. III.—Ignorance of the conditions of foundation of a Wakf, alleged by third parties who have entered into contracts with the Nazir of the Wakf, is inadmissible. It is their duty to request the Nazir to acquaint them with the said conditions and to show them the decision appointing him Nazir. (App. 19 December 1901; No. 29, I, III, IV, p. 23).

٢ It is an admitted principle both in Muhammadan and modern law that where there are two nazirs or wekils for the same wakf each of them has the right to take legal proceedings alone. Consequently a suit in revindication of property [النص يتقطع هنا في نهاية ص20؛ التكملة والاستشهاد في ص21 خارج النطاق].

راجع شفعة 1 — 3

راجع استئناف (ابطال المرافعة)

راجع عقد عرفى 1

راجع عرض حقيقى

راجع انكار الخطوط

راجع شخص معنوى

راجع طبيب

راجع اختصاص قاضى الاحوال الشخصية

راجع حارس قضائى (تعيينه)