١٣٥ Prescription.—Cassation (Substantial nullity of judgment) 8°; Easement, Revocation of judgment (Petition for—) 1°.

١٣٦ Prescription ("Condictio indebiti").—Although prescription bars a creditor's remedy at law, yet his right remains existent, so that if a debtor voluntarily pays a prescribed debt, he cannot recover on the ground that it was not due. Thus, where a debtor, sued for payment of certain costs, believing himself legally liable, paid the amount claimed, it was held that, having voluntarily paid, he could not recover although the debt had been extinguished by prescription. (Sum. Trib. Mousky, 18 March 1906; No. 68, p. 44.)

١٣٧ Prescription in criminal cause.—A person who conceals stolen property is not concerned as an accessory in the commission of the theft but is guilty of a distinct and continuous offence for which the term of prescription does not run until its detection. He is then liable to prosecution although three years have elapsed since the theft was committed. (Cass. 30 December 1905; No. 26, p. 17.)

١٣٨ Prescription, quinquennial, acquisitive.—An instrument void on account of a defect in its form, is not a "just title" within the meaning of article 76 C.C., and cannot, consequently, serve as a root of title for the purpose of acquiring ownership by five years' prescription. (App. 20 March 1906; No. 97, p. 66.)

١٣٩ Presumption.—v. Theft (Proof of—).

١٤٠ Price (Payment),—v. Sale (Rescission).

١٤١ Prisoner.—v. Jurisdiction of Native Tribunals, 2°; Opposition (Time for—).

١٤٢ Procedure.—v. Sitting (Perjury committed in the—).

١٤٣ Procedure (Rule of, retrospectivity.)—v. Retrospectivity of procedure rules, Retrospectivity of law.

١٤٤ Procedure (Special, administrative).—v. Jurisdiction of Native Tribunals 1°, 2°.

١٤٥ Production of documents.—v. Exception (Waiver of—).

١٤٦ Proof.—v. Lease (Parol), Oath (Decisive) Quasi-tort, Cassation (Substantial nullity of judgment), 10°; Witnesses (Proof by—).

١٤٧ Property (Stolen).—v. Prescription in criminal cause.

١٤٨ Prophet (Anniversary of birth of the—).—v. Holidays (National and local).

١٤٩ Prosecution.—v. Adjournment of prosecution proceedings.

١٥٠ Prosecution (Malicious).—v. False charge, 2°.

١٥١ Prosecution (Re-opening of).—v. Filing order by Parquet.

١٥٢ Prostitution (Infant under 14 years).—An infant who has not attained fourteen years of age is legally incapable of consenting to an immoral act. A girl under that age cannot, consequently, become a prostitute nor can she be convicted of an offence under the Ministerial Order dealing with brothels. (Sum. Trib. Damanhour, 10 August 1905; No. 12, p. 4.)

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

١٥٤ Publication.—v. Interdiction (Absence of publication).

١٥٥ Quasi-tort.—A person may be liable in quasi-tort under article 151 C.C. although it is not shewn that he acted in bad faith. (Cass. 3 June 1905; No. 13, II, p. 9.)

١٥٦ Railway train.—v. Train.

١٥٧ Recidivism.—A person found guilty of an attempt to commit a theft is not a recidivist within the meaning of art. 50 P.C. (Cass. 11 November 1905; No. 17, p. 10.)

١٥٨ Record of the sitting (Mention).—v. Cassation (Substantial nullity of procedure), 3°, 4°; Trial in camera.

١٥٩ Recovery.—v. Prescription ("condictio indebiti")

١٦٠ Reduction. — V. Wakf (Reduction of term of lease).

١٦١ Reformatory school.—v. Cassation (Substantial nullity of judgment), 3°; Juvenile offenders.

١٦٢ Relief.—v. Lease (Rescission), 1°.

١٦٣ Renewal (Constructive).—v. Lease (Constructive renewal), Lease (Lessee, Holding over).

١٦٤ Renewal of lease, constructive.—Notice to quit given to a lessee fifteen days after the expiration of the term of the lease does not nullify its constructive renewal under art. 386 C.C. If such lease was for a term of one year, the lessee is liable, on its renewal, for a full year's rent. He cannot obtain any reduction by shewing that part of the land demised is his own property previously pledged to the lessor as security for payment of a debt, and that such debt was discharged before the determination of the new lease. (Trib. App. Tanta, 14 March, 1906; No. 92, p. 60.)

١٦٥ Rent (Arrears).—v. Lease (Rescission), 1°.

١٦٦ Renunciation.—v. Jurisdiction (Plea to—), 1°.

١٦٧ Re-opening prosecution.—v. Filing order by Parquet.

١٦٨ Repayment (Claim of—).—v. Prescription ("Condictio indebiti").

١٦٩ Rescission.—v. Lease (Concurrent ownership), (Rescission of—), Lease (Rescission).

١٧١ Retrospectivity of law.—1° A new rule of procedure will not apply to a suit begun before it came into operation where the result would be to extinguish the right of action. (App. 25 April 1905; No. 8, III, p. 3.)

١٧٢ 2°—v. Appeal (Admissibility), 3°.

١٧٣ Retrospectivity of procedure rules.—A new rule of procedure is not to be applied retrospectively if the result would be to extinguish a right of action which has been preserved conformably with the rules previously existing. (App. 25 April 1905; No. 18, II, p, 10.)

١٧٤ Revindication.—v. Claim (Value of—), Jurisdiction of Native Tribunals, 1°.

١٧٥ Revocation of judgment (Petition for—).—1° The right to petition for revocation of a judgment is barred by the lapse of 15 years. An order exempting the petitioner from the payment of the costs of the executory copy of the judgment which he seeks to set aside, does not interrupt the prescription. (App. 10 January 1906; No. 87, p. 58.)