٢٧ Adultery (Accessory to—):—The fact that a person prosecuted as an accessory to the adultery of a wife was present in the house in which she lived, is not admissible as evidence against him when it is shewn that the wife was living apart from her husband and that such house was her private dwelling. (Trib. App. Tanta, 7 May 1906; No. 104, p. 68.)

٢٨ Adultery. (Information laid by guardian).—An information for adultery laid against a wife by the guardian of her husband (an infant) is regular if the latter appears at the sitting and confirms it. (Cass. 17 February 1906; No. 48, p. 33.)

٢٩ Advocate.—v. Adjournment (Groundless application for—). Appeal by an agent.

٣٠ Agent.—v. Appeal by an agent, Opposition by an agent.

٣١ Aggravating circumstances.—v. Theft by night.

٣٢ Agr-el-Mithl.—v. Lease (Lessee holding over).

٣٣ Alien.—v. Jurisdiction of Native Tribunals, 4°.

٣٤ Alimony.—v. Execution (Provisional).

٣٥ Alleged fraud.—v. Revocation of judgment (Petition for), 2°.

٣٦ Amount.—v. Appeal (Admissibility,), 4°.

٣٧ Ancestors and descendants.—v. Pre-emption, 3°; Witnesses (Proof by), 2°.

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

٣٩ Appeal.—1° Where a difficulty arising in the execution of a judgment given on appeal has been referred to the Court which delivered the judgment, no appeal lies from its decision thereon. (App. 23 January 1906; No. 73, p. 49.)

٤٠ Appeal.—2° v. Bail, 1°, 2°; Cassation (Substantial nullity of judgment), 1°, 5°, 11°; Claim (New), Execution (Provisional), Meglis Hasby (Appeal from decision of—)—Waiver of right of appeal and of opposition.

٤١ Appeal. (Admissibility).—1° An appeal from a judgment by default brought by the State Representative within the time limited for opposition is not invalidated by the mere fact that the accused has subsequently made opposition. The effect of such opposition is to render the admissibility of the appeal conditional on the affirmance of the judgment by default. When it is finally affirmed the appeal may be heard and determined. (Trib. App. Cairo, 31 December 1905, No. 39, p. 26.)

٤٢ Appeal. (Admissibility).—2° An order for the inspection of premises, made by the Court of its own motion, does not tend to prejudge the merits and is of a purely preparatory nature. An immediate appeal from such an order is consequently inadmissible. (Trib. App. Beni-Souef, 8 April 1906, No. 103, p. 67.)

٤٣ Appeal. (Admissibility).—3° If, when an interlocutory judgment is delivered, an action is appealable, but owing to the coming into force of a new law, it has ceased to be so when final judgment is given, a simultaneous appeal against both judgments is inadmissible. This is the case because, as regards the final judgment, the law to be applied is that which is in force when the judgment is delivered; and as regards the interlocutory judgment, because no appeal lies from the judgment on the merits. (Trib. App. Tanta, 18 April 1906, No. 93, p. 60.)

٤٤ Appeal. (Admissibility).—4° An appeal against an interlocutory order is not admissible where none lies against the principal judgment. An interlocutory order of the Summary Tribunal, made in a suit where the amount of the claim does not exceed P. T. 2000, is, consequently, not open to appeal. (Trib. App. Tanta, 13 December 1904, No. 29, p. 18.)

٤٦ Appeal (Dismissal "motu proprio").—The Court can dismiss, of its own motion, an appeal brought from a judgment by default before the expiration of the time for opposition. The Court can, of its own motion, order an appeal to be struck out, if it has not been lodged within the time limited for presenting appeals. (Trib. App. Tanta, 17 April 1906, No. 62, p. 42.)

٤٥ Appeal (Effect).—v. Sale (Rescission).

٤٧ Appeal. (Immediate).—v. Judgment (Preparatory).

٤٨ Appeal. (Loss of right to present—).—v. Acquiescence implied.

٤٩ Appeal. (Time for—).—1° The day on which judgment was delivered in a prosecution for misdemeanour, must not be included in the calculation of the time limited for bringing an appeal therefrom. (Cass. 28 April 1906, No. 106, I, p. 73.)

٥٠ Appeal. (Time for—).—2° v. Expropriation (Administrative).

٥١ Appeal by an agent.—The advocate of an accused person may, by virtue of his mandate, give notice of appeal from a judgment convicting his client. (Cass. 6 January 1906, No. 37, p. 25.)

٥٢ Appeal by Parquet.—The appeal of the Parquet from a judgment by default must be brought, on pain of forfeiture, within ten or thirty days from the day on which it is pronounced. (C. Cr. Pr. Art. 177). In case only, where, on opposition, the judgment is modified or reversed, there being, in fact, a new judgment, the right of the Parquet revives and it can appeal therefrom within the legal limits of time. (Cir. No. 5, 5 March 1906, No. 79, p. 51.)

٥٣ Appearance.—v. Cassation (Substantial nullity of judgment), 2°; Judgment by default, 1°.

٥٤ Architect. (Responsibility of—).— A, the owner of a house, wishing to build an upper storey, consulted B, an architect, who warned him that the building might not sustain the additional weight and advised him not to build. A, however, persisted, and B then prepared a plan which A agreed with C, a contractor, to execute. B did not enter into any agreement to superintend the building operations, but he inspected the house from time to time whilst they were in progress, without receiving any remuneration. The house subsequently collapsed, causing the death of A's wife. In a criminal prosecution against B and C, in which A appeared as civil claimant, expert evidence was given to the effect that the accident was due to the weakness of the original building, to the nature of the soil and to the fact that certain iron pillars, fixed in accordance with B's plan, were of insufficient strength :— Held, that B and C were not punishable under art. 202 P.C. But, held, also, that B and C were jointly and severally liable in damages under art. 409 C.C. (Trib. App. Alexandria, 18 April 1906 : No. 64, p. 42.)

٥٥ Arrestment (Conservatory).—v. Execution (Provisional), Jurisdiction of summary tribunal.

٥٦ Assault.—v. Cassation (Substantial nullity of judgment), 4°.

٥٧ Assault (Adjournment of prosecution proceedings).—Where, in a prosecution under art. 206 P.C., it is doubtful whether the injuries sustained may cause illness or inability to work during more than twenty days, the Court may, nevertheless, convict under that article, unless :— (a) It be of opinion that, in case the offence should ultimately become punishable under art. 205 P.C., the maximum penalty provided by art. 206 P.C, would be inadequate. (b) Where, premeditation being proved, it be of opinion that, should the offence not ultimately become punishable under art. 205 P.C., the imposition of a fine would suffice. Postponement of trial until the recovery of the person injured should not be ordered, except when the Court is unable to form an opinion as to the nature of the injuries with sufficient accuracy to permit of its determining the penalty, or in cases (a) and (b) when the Court considers that it may be essential to convict under art. 205 P.C. The same principles are applicable to cases brought before the Markaz Tribunals, provided that the judge be satisfied that the penalty which he is empowered to inflict is of sufficient severity. (Cir. No. 7, 18 March 1906; No. 80, p. 51.)

٥٨ Assignment in order to confer jurisdiction.—v. Jurisdiction (Assignment to confer).

٥٩ Assize Courts.—v. Jurisdiction of Assize Courts.

٦٠ Attempted theft.—v. Recidivism.

٦١ Authority, special.—v. Opposition by an agent.

٦٢ Bail.—1° Where a convicted person gives security under art. 155 C.Cr.Pr. but makes default on appeal, he forfeits the security so given, even though he be acquitted at the hearing. (Cir. No. 12, 25 June 1905 ; No. 70, p. 44.)

٦٣ Bail.—2° A person sentenced to a term of imprisonment who, in pursuance of articles 155, 180 C.C.P., has been admitted to bail, forfeits the sum furnished as security if he make default in appeal, although his sentence be reduced to a fine. (Sum. Trib. Mousky, 8 October 1905 ; No. 11, p. 4.)

٦٤ Bail.—3°.—v. Sitting (Perjury committed in the—).

٦٥ Baïram.—v. Holidays (National and local).

٦٦ Banishment (Doubt as to lawfulness).—v. Vagrancy.