١٤٨ Direct summons.—v. Filing order by Parquet, 2°.

١٤٩ Discharge.—v. Lease (Constructive renewal), Witnesses (Proof by), 2°.

١٥٠ Dissimulation.—v. Usury.

١٥١ Distinct offence.—v. Prescription in criminal cause.

١٥٢ Divorce (Effect on prosecution for adultery).—v. Adultery.

١٥٣ Document (Destruction of a—).—Where a person is charged with the offence of wilfully destroying a document, the existence and the nature of the document may be proved by witnesses, even though it exceeds 1000 piastres in value. (Sum. Trib. Mallawy, 9 June 1906 ; No. 116, p. 76.)

١٥٤ Document (Loss of—).—v. Witnesses (Proof by), 3°.

١٥٥ Documents (Verification of).—v. Verification of documents.

١٥٦ Drawer.—v. Jurisdiction (Domicil of defendant).

١٥٧ Easement.—In order that an easement may be acquired by prescription it must be of a continuous nature. The right of way, the user of which is necessarily restricted to isolated acts, cannot, consequently, be thus acquired. (Trib. App. Tanta, 10 January 1906; No. 40, p. 26.)

١٥٨ Electric tram car.—v. Train.

١٥٩ Evidence.—v. Witnesses (Proof by).

١٦٠ Evidence (Further).—v. Filing order by Parquet, 2°.

١٦١ Exception (Waiver of—),—The right to raise an exception is not waived by an application for adjournment for the production of documents, if such production is sought for the purpose of proving the validity of the exception. (App. 25 April 1905 ; No. 18, I, p. 10.)

١٦٢ Exception of want of jurisdiction.—v. Jurisdiction (Assignment to confer).

١٦٣ Execution.—v. Penalty for delay.

١٦٤ Execution (Difficulty in—).—v. Appeal, 1°.

١٦٥ Execution (Immediate).—v. Sitting (Perjury committed in the—).

١٦٦ Execution (Monition of—) v. Acquiescence implied.

١٦٧ Execution (Provisional).—(a) Where provisional execution of a judgment has been wrongfully ordered the party against whom it has been given may apply to the superior court for stay of execution, although the appeal on the merits has not been previously entered in the general cause list. (b) A, who has obtained judgment against B for payment of alimony, makes a conservatory arrestment in the hands of C, (B's debtor). C falsely declares that he has paid the debt and the court upon the application of A, makes an order condemning C to pay the amount for which the arrestment was made. This order is not in relation to an alimentary fund or pension within the meaning of art. 392 C. C. C. Pr. and its provisional execution notwithstanding appeal is inadmissible. (Trib. App. Cairo, 12 December 1905 ; No. 19, p. 11.)

١٦٨ Execution (Responsibility for—).—A judgment creditor, who has acted in good faith, is not liable for damage caused by levying execution in a regular manner although the judgment was wrong and was reversed on appeal. (Trib. Alexandria 6 November 1905 ; No. 55, p. 35.)

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

١٧٠ Execution (Sums advanced for).—v. Costs, 1°.

١٧١ Expropriation.—v. Garuka (Stay of execution).

١٧٢ Expropriation (Administrative).—Expropriation by the administrative authorities, in execution of a judgment of the Mehkemeh, is an administrative act without the jurisdiction of the Courts. A claim, by way of revindication, of immovable property which is being thus expropriated does not, consequently, stay the proceedings for sale, nor is the time for appeal from a judgment deciding on such claim limited to ten days from the service thereof. (Trib. App. Cairo 19 December 1905 ; No. 30, p. 18.)

١٧٤ Facts (Designation of).—v. Cassation (Substantial nullity of procedure), 1°.

١٧٣ Facts (Mention).—v. Cassation (Substantial nullity of judgment), 5°.

١٧٥ Failure to decide claim.—v. Cassation (Substantial nullity of judgment), 2°, 6°.

١٧٦ False charge.—1° In order to support an action in damages for bringing a criminal charge, it is not sufficient that the person charged should have been acquitted; it must also be shewn that the charge was brought without reasonable or probable cause. (App. 25 January 1906; No. 74, p. 50.)

١٧٧ False charge.—2° Although a person charged with laying a false information cannot be convicted unless the prosecution prove that he acted in bad faith and with malice, yet he is liable in tort, under art. 151 C.C., by reason of his negligence alone. (Trib. App. Alexandria, 18 April 1906; No. 78, p. 51.)

١٧٨ False charge (Omission to mention authority before whom made).—v. Cassation (Substantial nullity of judgment), 9°.

١٧٩ False information.—v. False charge.

١٨٠ False representation.—v. Fraud in a matter of contract.

١٨١ Filing order by Parquet.—1° Where, in a prosecution, the Parquet orders the papers to be filed without further proceedings, on the grounds that no punishable offence is disclosed, it cannot subsequently re-open proceedings on the plea that it had not itself held the preliminary enquiry but had relied on that held by the Police. (App. 26 January 1905 ; 60, p. 41.)

١٨٢ Filing order by Parquet.—2° Where the Parquet has ordered a case to be filed without further proceedings, the civil claimant cannot take out a direct summons against the accused on the same charge, unless in accordance with art. 127 C.Cr.Pr., he produces further evidence against him. (Cass. 31 March 1906; No. 94 p. 65.)

١٨٣ Fine.—v. Seal (Denial of, subsequent acknowledgment of—).

١٨٤ Forfeiture.—v. Appeal by the Parquet, Bail 1°, 2°.

١٨٥ Forgery.—1° A person is guilty of forgery who, without the knowledge or consent of the owner of a seal, affixes its impress upon a document purporting to be a conveyance of land belonging to such owner, and it is immaterial whether the impress be affixed by means of a genuine or of a spurious seal. Consequently, where such document bears the impress of a genuine seal thus fraudulently affixed, a person who, knowing it to be forged, sets it up against the owner, is guilty of uttering the forgery. (Cass. 8 April 1905; No. 2, p. 1,)

١٨٦ Forgery.—2° A having brought an action against B, the latter obtained a visiting card on which were printed A's name and address and induced C, a public writer, to write on it to the judge who was to try the suit offering him a bribe. No written signature appeared on the card, but B sent it to the judge through the post with the intention of leading him to suppose that it emanated from A, and the judge did in fact believe that such was the case. Held, in a subsequent prosecution, that C was guilty of forgery and that B was punishable as an accessory thereto. (Trib. App. Alexandria, 20 February 1906; No. 101, p. 67.)

١٨٧ Fraud (Personal).—v. Revocation of judgment (Petition for), 2°.