١٢١ Evidence (Oral).—v. Oral evidence; Tender.

١٢٢ Exception (Preliminary).—v. Civil claimant (Direct summons).

١٢٣ Exception of want of jurisdiction.—The exception of want of jurisdiction "ratione materiæ" must be pleaded before any defence on the merits. But the fact that the Court has, in the absence of the defendant, ordered a trial by inspection for the examination of documents, or the fact that the defendant has twice applied for adjournment, will not debar him from subsequently raising the plea that the amount in dispute is beyond the jurisdiction of the Court. (Sum. Trib. Assouan, 21 December 1904; No. 57, I, p. 36).

١٢٤ Execution.—1° A judgment given in default of appearance by a tribunal of appeal is void if it has not been enforced within six months of its date, notwithstanding a petition for revocation thereof by the party in whose favour it was given, if such petition was unsuccessful. (Trib. App. Alexandria, 10 October 1904; No. 116, p. 88.) 2° v. Interlocutory judgment, 1°, 2°; Jurisdiction of summary tribunals, 1°.

١٢٥ Execution (Act of—).—v. Act of execution.

١٢٦ Execution (Provisional).—v. Provisional execution.

١٢٧ Execution (Stay of—).—1° The power given to the party against whom judgment has been given of applying for a stay of execution may be exercised independently of any appeal on the merits. (App. 2 May 1905; No. 109, II, p. 85.) 2° v. Costs.

١٢٨ Executive act.—v. Jurisdiction of Native Tribunals, 2°.

١٢٩ Expert.—v. Appeal (Admissibility); Interlocutory judgment, 2°.

١٣٠ Expropriation.—v. Appeal (Time for); Hypothec.

١٣١ Extension of time.—v. Conservatory arrestment.

١٣٢ False charge.—1° To succeed in an action for damages for malicious prosecution, malice must be proved on the part of the person at whose instance criminal proceedings were taken. Ultimate acquittal, on a further trial, after cassation of a conviction, is not sufficient to establish malice. (App. 31 October 1904; No. 30, p. 19.) 2° The bringing of a false charge is punishable, whether it be made orally or in writing. Damages can be awarded for bringing a false charge without proof of material prejudice. The prejudice in this case is a moral one and results ipso facto from the accusation. (Cass. 25 March 1905; No. 75, I, III, p. 54.) 3° The penalty for making a false charge is only applicable when the charge is made spontaneously. When therefore the charge is made during the course of an enquiry and in answer to examination it does not fall under Art. 264 P.C. (Sum. Trib. Naga Hamadi, 29 March 1905; No. 94, p. 68.) 4° When a person who brings a false charge invokes the testimony of other persons in support of his statements, and these other persons give evidence to that effect, they can be punished as accomplices who have facilitated the offence. (Sum. Trib. Assouan, 24 April 1905; No. 95, p. 68.)

١٣٣ False denunciation.—v. False charge.

١٣٤ False pretences.—A promise made in bad faith cannot be considered as a false pretence within the meaning of Art. 293 P.C., since the person to whom such promise is given can protect himself by the exercise of caution. Consequently a debtor who recovers possession of a thing pledged to his creditor, as security for a debt, by means of a promise made in bad faith to pay the debt, cannot be considered as having made a false pretence. (Sum. Trib. Damanhour, 23 May 1904; No. 78, I, p. 55.)

١٣٥ False swearing.—v. Oath (Decisive and supplementary).

١٣٦ File (Order to—).—When the Parquet has given an order for the definite filing of a case, the civil claimant cannot ask for the renewal of the action on the ground that he is able to produce new witnesses not previously heard. In order that the evidence of witnesses may be considered as fresh evidence justifying the renewal of the action, such witnesses should have first been examined by the Parquet who is to judge of the value of their depositions as fresh evidence. (Sum. Trib. Aboutig, 2 April 1905; No. 82, p. 56.)

١٣٧ Filing order.—v. File (Order to—).

١٣٨ Foreigner.—v. Jurisdiction of Native tribunals, 1°.

١٣٩ Forgery.—1° Forging a contract and afterwards procuring by means of forgery its transcription in the official registry, are connected offences and should be considered as one act, entailing a single penalty. (App. 2 November 1904; No. 31, p. 19.) 2° A money order and the register of receipts kept at the Post Office come within the class of official documents and registers mentioned in Art. 179 P.C. Accordingly a person who fraudulently signs such order and register in the name of the payee, and his accomplice who falsely declares him to be the payee, are punishable under Arts. 179 and 180 P.C. (Assize Court of Cairo, 26 April 1905; No. 91, p. 67.) 3° v. Cassation (Substantial nullity of judgment), 5°, 9°.

١٤٠ Forgery (Official registers).—The law punishes with a heavy penalty forgery in official registers in order to guarantee the genuineness of the facts established in such registers. Accordingly a forgery of this kind is punishable, even though no actual prejudice be proved, for there is always a possibility of prejudice to the public interest. (Cass. 1 April 1905; No. 85, II, p. 65.)

١٤١ Forgery (Prosecution).—A prosecution for forgery is not barred by the fact that the person thereby prejudiced has not, in a previous civil action, improbated the document in which the forgery occurs but has merely claimed its avoidance. Neither is it barred by the fact that the accused person has relinquished a claim based upon the forged portion of such document. (Cass. 4 February 1905; No. 64, p. 46.)

١٤٢ Forgery (Uttering).—1° Uttering a forgery is profiting by a forged document in producing it or setting it up in order to obtain a benefit or establish a right. Accordingly a person who causes a forged conveyance of property to be registered is guilty of uttering a forgery; for his object is to procure official publicity of the transfer of the property, and to set this up against third parties. (Cass. 6 October 1904; No. 36, p. 25.) 2° Uttering a forgery is an offence distinct from forgery itself. It follows that a person may be prosecuted for the former even when the right to prosecute for the latter is prescribed. (Cass. 1 April 1905; No. 85, I, p. 65.) 3° v. Cassation (Substantial nullity of judgment), 5°, 9°.

١٤٣ Forgery and uttering of forgery.—Although constituting in themselves two separate offences, forging and uttering are, when committed by the same person, punishable by a single penalty. (Cass. 25 January 1905; No. 27, II, p. 18.)

١٤٤ Fraudulent conveyance.—v. Paulian action.

١٤٥ Fruits of a tree (Seizure).—v. Seizure, 2°.

١٤٦ Further evidence.—v. File (Order to).

١٤٧ Games of chance.—All games in which chance prevails over skill are to be considered games of chance. Poker comes under this definition, and anyone keeping a house open to the public for the purpose of playing this game will be liable to the penalties enacted by the criminal law. (Cass. 21 May 1904; No. 1, p. 1.)

١٤٨ Gaming house.—v. Games of chance.

١٤٩ Garuka.—A contract containing all the characteristic features of Garuka is to be construed as such notwithstanding the fact that this name has not been applied to it by the parties. The clause in a contract of Garuka expressly providing that the debtor shall pay the debt as soon as he may be able to do so amounts to the stipulation of a term in his favour. He cannot therefore be compelled to pay before its arrival, unless he has impaired the securities for performance. (Sum. Trib. Tahta, 15 August 1904, No. 71, II, III, p. 48.)

١٥٠ Gift.—1° Where the heirs of a deceased person enter into a contract whereby one of them assigns to the others his portion in the estate without showing the amount of such portion or that the assignment is supported by any valuable consideration, such contract is not to be construed either as a sale or as a "Takharog," but as a contract of express gift, and it is consequently necessary for its validity that it should take the form of an official document. (Sum. Trib. Guirgeh, 6 August 1904, No. 69, p. 48.) 2° In order that a gift in the form of a sale may be valid, although not effected by an official instrument, the transaction must be effected by a document appearing on the face of it to be a genuine contract of sale. Accordingly a gift carried out by a private document in the form of a contract of sale, making a gift of the purchase-money, is invalid, for want of an official instrument. (App. 4 May 1905; No. 110, p. 86.)

١٥١ Government.—v. Jurisdiction of Civil Tribunals.

١٥٢ Government (Liability).—v. Jurisdiction of Native Tribunals, 2°.

١٥٣ Government servant.—v. Domicile.

١٥٤ Grantee (Subsequent).—v. Paulian action.

١٥٥ Heir.—v. Intervention of third parties.

١٥٦ Homicide (Voluntary).—v. Cassation (Admissibility), 2°.

١٥٧ Husband (Denunciation by).—v. Adultery, 2°.

١٥٨ Hypothec.—A hypothec includes every portion of the property charged. Accordingly the purchaser of a part of such property cannot, by alleging that he has offered the hypothecary creditor a proportionate share of the debt, free himself from the expropriation proceedings taken by the creditor on non-payment of the entire sum when due, and his opposition to the notice of such proceedings must be dismissed. (App. 15 November 1904; No. 32, p. 20.)

١٥٩ Hypothecary creditor.—v. Hypothec, Sale, 1°.

١٦٠ Illegal contract.—v. Beit El-Mal.