٢١٨ Time (Limited).—v. Appeal (Time for—), 1°.

٢١٩ Time limited (Extension).—v. Cassation (Substantial nullity of procedure), 2°.

٢١٧ Time of appeal expired.—v. Appeal (Dismissal " motu proprio ").

٢٢٠ Title, just.—v. Prescription quinquennial acquisitive.

٢٢١ Tomb (Defilement of—).—A person is rightly found guilty of defiling a tomb or place of sepulture, although there is no proof of criminal intention, if he has wilfully committed therein an act which he knew to be likely to wound the feelings of others. It is not necessary in order that the act should amount to defilement that it consist in a physical injury done to a tomb or to a dead body. (Cass. 30 September 1905; No. 15, p. 10.)

٢٢٢ Train.—An electric tramcar which has a speed of 30 kilometres an hour, carries goods and runs on rails similar to those of a railway, is a "train" within the meaning of art. 147 P.C. (Sum. Trib. Gizeh, 21 May, 1905 ; No. 23, p. 12.)

٢٢٣ Tramcar.—v. Train.

٢٢٤ Transcription (Bad faith).—When land has been sold successively to two purchasers, and the second has caused the document of sale to him to be transcribed, he is not entitled to set up default of transcription as against the first, if it be shewn that he acted mala fide and that the sale to him was of a collusive nature. (App. 12 May 1906 ; No. 112, p. 75.)

٢٢٥ Trial.—v. Judgment by default, 1°.

٢٢٧ Trial "in camera".—It is not necessary that an order of the Court directing the case to be heard in camera should be made by a formal judgment. The mention of the order and of its grounds in the record of the sitting is sufficient. (Cass. 3 June 1905 ; No. 13, I, p. 9.)

٢٢٦ Trial (New).—v. New trial after cassation.

٢٢٨ Tribunal.—v. Jurisdiction, Pre-emption, 1°.

٢٢٩ Tribunal (Constitution of—).—v. New trial after cassation.

٢٣٠ Tribunal (Native, Jurisdiction).—v. Pre-emption, 1°.

٢٣١ Twilight.—v. Theft by night.

٢٣٢ Urgency.—v. Jurisdiction of Summary Tribunal.

٢٣٣ Usury.—The Court has jurisdiction to determine the real nature of a document relied on by one of the parties and to decide that an alleged contract of sale is, in reality, a contract of loan bearing a prohibited rate of interest. In the event of its so deciding, the Court will reduce the amount agreed to be paid, so that the lender will not receive more than the maximum rate of conventional interest. (Sum. Trib. Isna, 11 April 1905; No. 41, p. 26.)

٢٣٤ Uttering a forgery.—v. Forgery, 1°.

٢٣٥ Vagabonds.—v. Vagrancy.

٢٣٦ Vagrancy.—Since banishment is not one of the penalties enumerated in the new Penal Code it is doubtful whether offenders can any longer be sentenced to this penalty. It is, perhaps, therefore advisable in convicting under art. 2, parag. 4 of the Vagrancy Decree (13 July 1891) to pass sentence of imprisonment only. (Cir. No. 6, 21 March 1905 ; No. 58, p. 36.)

٢٣٧ Value of claim.—v. Claim (Value of—).

٢٣٨ Vendor (Joinder in pre-emption suit).—v. Pre-emption, 1°.

٢٣٩ Verification of documents.—Where in the course of an action, the defendant, without adducing any evidence in support of his allegation, denies the seal of a private document on which the plaintiff relies, the Court may, if satisfied that the document is genuine, refuse to order its verification and enter judgment on the merits. (Sum. Trib. Maghagha, 5 December 1905; No. 43, p. 27)

٢٤١ Visiting Card.—v. Forgery, 2°.

٢٤٢ Waiver.—v. Exception (Waiver of), Jurisdiction (Plea to—).

٢٤٣ Waiver of right of appeal and of opposition.—The parties to a contract are entitled to waive by anticipation, the right of opposition and of appeal in any action which may be subsequently brought to enforce its performance. (Sum. Trib. Mellawi 22 January 1906; No. 35, p. 20.)

٢٤٤ Wakf (Establishment of, dispute relating to—)—v. Jurisdiction of Native Tribunal (Wakf, Constitution of),

٢٤٥ Wakf (Reduction of term of lease).—Where the nazir of a wakf, who is also its sole beneficiary, has leased wakf lands for a term of ten years, he cannot, subsequently, claim to have the term reduced to three years, the maximum legal period for such leases. (App. 15 March 1906; No. 75, p. 50.) [closing bracket printed inverted]

٢٤٦ Way (Right of—).—v. Easement.

٢٤٧ Whipping.—v. Juvenile offenders.

٢٤٨ Will (Proof, revocation).—Since, in accordance with the Decree of 27 March 1897, art. 32, wills must be authenticated by writing, it follows that, to prove the revocation of a will, a writing is also necessary. (App. 10 April 1906; No. 100, p. 67.)

٢٤٩ Withdrawal.—v. Oath (Decisive).

٢٥٠ Witness.—v. Civil claimant (Evidence of—). Sitting (Perjury committed in the—), Witnesses, (Proof by—).

٢٥١ Witnesses. (Proof by—).—1° A third person injured by a contract of sale may prove its fictitious nature by the evidence of witnesses. (Sum. Trib. Maghagha, 22 May 1905: No. 24, p. 12.)

٢٥٢ 2° The fact that the creditor is the father of the debtor may, in some cases, render it morally impossible for the latter to obtain a document establishing his discharge. If, however, it be shewn that, in the circumstances of the case, he might have obtained such a document, he will not be permitted to proved his discharge by witnesses. (Sum. Trib. Mellawi 29 May 1905; No. 32, p. 19.)

٢٥٣ 3° Where the creditor alleges that he has lost the document establishing an obligation and seeks, in accordance with art. 218 C.C., to prove such obligation by witnesses, he must show not only that he has lost the document but also that the loss was due to an unforeseen accident. (Sum. Trib. Naga Hamada, 30 December 1905; No. 34, p. 19.)

٢٥٤ Witnesses (Reading of depositions to—).—v. Cassation (Substantial nullity of procedure), 3°.

٢٥٥ Work (Incapacity for—).—v. Cassation (Substantial nullity of judgment), 4°.

٢٥٧ Writing.—v. Will (Proof, revocation).

٢٥٦ Written proof (Commencement of—).—v. Lease (Parol.)