٦٧ Bar (Regulations).—v. Jurisdiction (Assignment to confer).

٦٨ Bill of exchange.—v. Jurisdiction (Domicil of defendant).

٦٩ Breach of convenant.—v. Default, 1°.

٧٠ Brothels.—v. Prostitution (Infant under 14 years).

٧٢ Camera "Trial in camera" — v. Trial in camera.

٧٣ Capacity.—v. Prostitution (Infant under 14 years).

٧٦ Cassation. (Effect).—Where the Court of Cassation has quashed a decision on opposition, given in the presence of the accused, and has directed a new trial and the accused then fails to appear at the hearing, judgment must be again entered by default, since the effect of the cassation was to quash both the judgment by default and the judgment on opposition. (Cass. 11 November 1905 ; No. 16, p. 10.)

٧٤ Cassation (For judgments of the Court of Cassation indexed elsewhere).—v. Appeal by an agent, Civil claimant (Evidence of—), Forgery. 1°; Judgment by default, Jurisdiction of Assize Courts, 1°; Jurisdiction of Native Tribunals, 2°; Prescription in criminal cause, Quasi-tort, Recidivism, Tomb (Defilement of—) Trial in camera.

٧٥ Cassation (Order for new trial).—v. New trial after cassation.

٧٧ Cassation (Substantial nullity of judgment).—1° (a) The fact that a judgment on appeal affirming a conviction merely adopts the grounds of the judgment of the Court below does not amount to a substantial nullity giving rise to cassation, (b) The failure, in a judgment of conviction, to state the day of the month on which the offence was committed does not constitute a substantial nullity if the month and the year are mentioned therein. (But see note). (Cass. 6 January 1905 ; No. 25, p. 17.)

٧٨ Cassation (Substantial nullity of judgment).—2° A judgment which fails to give any decision on the demands of a civil claimant who has appeared at the hearing and put in pleadings, is, to the extent of the interest of such claimant, liable to cassation for substantial nullity. (Cass. 1 April 1905; No. 1, p. 1.)

٧٩ Cassation (Substantial nullity of judgment).—3° A judgment committing a juvenile offender to a reformatory is not liable to cassation for substantial nullity for failure to fix the term of his confinement. The term is, in such case, the minimum fixed by the law. (Cass. 1 April 1905 ; No. 36, p. 25.)

٨٠ Cassation (Substantial nullity of judgment).—4° A judgment of conviction for assault, under article 205 P.C., is liable to cassation for substantial nullity if it fails to state that the assault has resulted in an illness or incapacity for work for more than twenty days. (Cass. 10 June 1905 ; No. 4, p. 2.)

٨١ Cassation (Substantial nullity of judgment).—5° A judgment on appeal in a criminal suit, which, while quashing the conviction adjudged in first instance, affirms the award of damages, is liable to cassation for substantial nullity if it fail to set out the facts on which such damages are based. (Cass. 10 June 1905 ; No. 5, p. 2.)

٨٢ Cassation (Substantial nullity of judgment).—6° The failure of a judgment of conviction to deal with the payment of the costs does not amount to a substantial nullity giving rise to cassation. (Cass. 14 October 1905; No. 6, p. 2.)

٨٣ Cassation (Substantial nullity of judgment).—7° The fact that a judgment of conviction does not contain any statement, as to whether the accused was asked if he pleaded guilty to the charge, does not amount to a substantial nullity giving rise to cassation. (Cass. 3 March 1906 ; No. 82, p. 57.)

٨٤ Cassation (Substantial nullity of judgment).—8° The failure, in a judgment of conviction, to state the date on which the offence was committed, is a substantial nullity rendering the judgment liable to cassation. The date must be inserted in order that the Court may ascertain whether or not the prosecution be barred by lapse of time. (Cass. 3 March 1906 ; No. 83, p. 57.)

٨٥ Cassation (Substantial nullity of judgment).—9° A conviction for laying a false charge is liable to cassation for substantial nullity, if the authority before whom the charge was made is not mentioned in the judgment. (Cass. 14 April 1906 ; No. 86, p. 58.)

٨٦ Cassation (Substantial nullity of judgment).—10° Although it be stated in a judgment of conviction that the charge has been proved by the evidence of witnesses, whereas in fact none had been heard, yet such judgment is not therefore liable to cassation for substantial nullity. (Cass. 28 April 1906 ; No. 107, p. 73.)

٨٧ Cassation (Substantial nullity of judgment).—11° Where, on appeal, the Court affirms a judgment dismissing a motion in opposition, but, at the same time, modifies the sentence against which opposition was made, the judgment is liable to cassation for substantial nullity. (Cass. 28 April 1906; No. 108, p. 74.)

٨٨ Cassation (Substantial nullity of procedure).— 1° The Court to which an appeal is brought has no power to alter the designation applied to the charge by the Court below, except on condition that the defence is not thereby prejudiced. A judgment on appeal convicting for the same facts under a new designation is, consequently, liable to cassation if it does not appear from the record of the sitting nor from the judgment that the accused had been informed of the charge so as to have been in a position to deliver his defence. (Cass. 30 December 1905 ; No. 27, p. 18.)

٨٩ Cassation (Substantial nullity of procedure).—2° When the last day of the week within which judgment must be signed, happens to be the first of several consecutive holidays, the period is extended until the first sitting day next following such holidays. (Cass. 17 March 1906; No. 84, p. 58.)

٩٠ Cassation (Substantial nullity of procedure).—3° A conviction by an Assize Court is not liable to cassation on the following grounds : 1.—That the form of oath administered to the witnesses is not mentioned in the record of the sitting. 2.—That the depositions of the witnesses were not read to them. (Cass. 17 March 1906; No. 85, p. 58.)

٩١ Cassation (Substantial nullity of procedure).—4° A judgment given on appeal in a prosecution for misdemeanour, is not liable to cassation for substantial nullity of procedure, on the mere ground that there is nothing in the record of the sitting to shew that the case for the defence was heard last in accordance with the provisions of Art. 185 C. Cr. Pr. (Cass. 28 April 1906; No. 106, II, p. 73.)

٩٢ Change of advocate.—v. Adjournment (Groundless Application for—).

٩٣ Charge — (Criminal).—v. False charge.

٩٤ Charge of crime.—v. Jurisdiction of Assize Courts, 2°.

٩٥ Civil claimant. (Direct summons by).—v. Filing order by Parquet, 2°.

٩٦ Civil claimant. (Evidence of—).—A civil claimant may be sworn as a witness and he is liable to be prosecuted for perjury if he make a false oath. (Cass. 24 June 1905; No. 14, I, p. 8.)

٩٧ Civil liability.—v. Architect (Responsibility of—).

٩٨ Civil suit pending.—v. Adjournment of prosecution proceedings.

٩٩ Claim. (Formal).—v. Default, 1°.

١٠٠ Claim. (New).—A surety may renew, on appeal, a claim which his principal alone put forward in the Court below; and it cannot be objected that by so doing, he is making a new claim. (Trib. App. Tanta, 26 April 1906; No. 77, p. 50.)

١٠١ Claim. (Renewal of—).—v. Claim (New).

١٠٢ Claim. (Value of—).—In an action for recovery of land and of mesne profits, the value of the claim is determined by adding the sum claimed as mesne profits to the value of the land, since a claim for mesne profits is not "accessory" within the meaning of art. 30 C. C. C. Pr., but forms an integral part of the claim. (Trib. App. Zagazig, 26 March 1904; No. 91[?], p. 58[?].) [citation digits faded in the scan]

١٠٣ Code of Criminal Procedure. (Application to the Assize Courts).—v. Jurisdiction of Assize Courts, 1°.

١٠٤ Collision.—The provision of Arts. 274, 275 C. Mar. Com. whereby, in case of collision, the master is required to make a claim within 48 hours, does not apply where the ship is lost. By depriving the injured party of the right to sue where the claim has not been duly made within the specified period, it is sought to obviate the uncertainty which might exist after a lapse of time as to whether damage sustained by the ship was due to the collision or to some subsequent occurrence. Where the ship has been lost this question cannot arise. (Trib. Alexandria, 3 July 1905; No. 54, p. 35.)

١٠٥ Concurrent ownership.—v. Lease (Concurrent ownership, rescission of).

١٠٦ Conditional liberation.—v. Jurisdiction of Native Tribunals, 2°.

١٠٧ Confinement. (Term of—).—v. Cassation (Substantial nullity of judgment), 3°.