١٧٦ 2° The Court will not grant a petition for revocation of a judgment based on the ground that one of the parties was personally guilty of fraud, unless it appears that in giving such judgment, it relied exclusively on the evidence resulting from the alleged fraud. (App. 5 April 1906; No. 98, p. 66.)

١٧٧ 3°—v. Sale (Rescission of—).

١٧٨ Right of way.—v. Easement.

١٧٩ Sale.—v. Lease (Rescission of—) 2°.

١٨٠ Sale (Contract of—).—v. Witnesses (Proof by—), 1°.

١٨١ Sale (Fictitious).—v. Usury.

١٨٢ Sale (Rescission).—Where, on default in payment of the purchase money, a purchaser is sued by his vendor to have the sale set aside, he may, even after judgment has been entered against him, but before such judgment has acquired the force of res judicata or has been affirmed on appeal, still prevent rescission by offering to pay. Even where the Court of Appeal has set aside the sale the purchaser's right revives if that Court subsequently grants a petition for the revocation of its judgment, the effect of such revocation being to restore to the parties the rights which they possessed before the revoked judgment was delivered. (App. 25 May 1905; No. 49, p. 33.) [entry runs from index p. 17 onto p. 18]

١٨٣ Sale (Successive).—v. Transcription (Bad faith).

١٨٤ Sale between ancestors and descendants.— v. Pre-emption, 3°.

١٨٥ Sale by order.—v. Garuka (Stay of execution).

١٨٦ Seal (Affixing of—).—v. Forgery, 1°.

١٨٧ Seal. (Denial of—).—v. Verification of documents.

١٨٨ Seal. (Denial of, Subsequent acknowledgment of—).—Where a party to a suit denies the seal of the instrument on which he is sued, but, subsequently, during the verification proceedings, admits its genuineness, he should, nevertheless, be ordered to pay the fine provided by art. 272 C.C.C.Pr. (Sum. Trib. Damanhour, 29 May 1906 No. 105, p. 68.)

١٨٩ Security (Forfeiture of—).—v. Bail, 1°, 2°.

١٩٠ Service of judgment on prisoner.—v. Opposition (Time for—).

١٩١ Servitude.—v. Easement.

١٩٢ Sham el Nassim.— v. Holidays (National and local.)

١٩٣ Ship (Loss of—).—v. Collision.

١٩٤ Signature (Absence of—).—v. Forgery, 2°.

١٩٥ Signature of judgment.—v. Cassation (Substantial nullity of procedure), 2°.

١٩٦ Sitting (Perjury committed in the—).—A conviction for perjury committed in the sitting is subject to the common law rules of procedure. The Court cannot, therefore, in passing sentence of imprisonment, order immediate execution and it must fix the sum for which bail will be taken. (Cir. No. 2, 23 January 1905; No. 47, p. 28.)

١٩٧ Sitting (Record of—).—v. Cassation (Substantial nullity of procedure), 3°, 4°; Trial in camera.

١٩٨ State representative.—v. Appeal (Admissibility), 1°. Appeal by the Parquet.

١٩٩ Stay of execution.—v. Execution (Provisional), Garuka (Stay of execution).

٢٠٠ Stay of proceedings.—v. Adjournment on account of lis pendens.

٢٠١ Stolen object.—v. Theft (Proof of—).

٢٠٢ Stolen object (Property).—v. Prescription in criminal cause.

٢٠٣ Striking and wounding.—v. Assault (Adjournment of prosecution proceedings).

٢٠٤ Substantial nullity of judgment.—v. Cassation (Substantial nullity of judgment).

٢٠٥ Substantial nullity of procedure.—v. Cassation (Substantial nullity of procedure).

٢٠٦ Summary Tribunal.—v. Jurisdiction of Summary Tribunal.

٢٠٨ Surety.—v. Claim (New), Jurisdiction (Domicil of defendant).

٢٠٩ Surety (Discharge).—v. Lease (Constructive renewal.)

٢١٠ Testament.—v. Will (Proof revocation).

٢١١ Theft.—v. Prescription in criminal cause.

٢١٢ Theft (Attempted).—v. Recidivism.

٢١٣ Theft (Proof of—).—A person accused of the theft of an object of which he is found in possession is entitled to the benefit of the presumption that the possessor of a movable thing is the owner thereof. The fact of his having given an untruthful account of the manner in which he came into possession of the thing is not sufficient to rebut this presumption, especially if the thing is one of which he might reasonably be supposed to be the owner. (Trib. Cairo, 25 September 1905; No. 9, p. 3.)

٢١٤ Theft by night.—Night, within the meaning of art. 274 P.C., is the period of total darkness. A theft which occurred during twilight is consequently not deemed to have been committed by night. (Sum. Trib. Dishna, 17 July 1904 ; No. 31, p, 19.)

٢١٥ Theft of crops.—v. Jurisdiction of Markaz Tribunals.

٢١٦ Third party (Intervention).—v. Intervention.