٩٥ Object (Stolen).—v. Theft (Proof of—).

٩٦ Objection to jurisdiction.—v. Jurisdiction (Plea to—).

٩٧ Obligation.—v. Witnesses (Proof by), 2°.

٩٨ Offence committed in sitting.—v. Sitting (Perjury committed in the—).

٩٩ Offenders (Juvenile).—v. Juvenile offenders.

١٠٠ Offer to pay price.—v. Sale (Rescission).

١٠١ Omission to plead.—v. Judgment by default 1°.

١٠٢ Opposition.—v. Appeal, (Dismissal "motu proprio") Appeal by the Parquet, Cassation (Substantial nullity of judgment) 11°, Waiver of right of appeal and of opposition, Cassation (Effect), Appeal (Admissibility), 1°.

١٠٣ Opposition (Limit of time, extension).—The period of limitation for opposition is necessarily prolonged by the existence of circumstances amounting to vis major. Thus, it does not run as against a person detained on account of sickness in a hospital, the rules of which prohibit patients to leave before complete recovery. (Markaz Trib. Bab-el-Sharia, 9 January 1906; No. 56, p. 35.)

١٠٤ Opposition (Time for—).—The period during which a prisoner may make opposition begins to run when the judgment is served on him by the Director of the prison and not when the copy of the judgment is delivered to the Director. (Sum. Trib. Assouan, 15 July 1905; No. 10, p. 4.)

١٠٥ Opposition by an agent.—A person convicted by default may lawfully make opposition through an agent to whom he has given special authority for purpose. (Trib. App. Alexandria, 4 April 1906; No. 102, p. 67.)

١٠٦ Order (Interlocutory).—v. Appeal (Admissibility) 4°.

١٠٧ Order to file without further proceedings.— v. Filing order by Parquet.

١٠٨ Ownership (Concurrent).—v. Lease (Concurrent ownership, rescission of—).

١٠٩ Parents.—v. Juvenile offenders.

١١١ Parol evidence.—v. Document (Destruction of a—).

١١٠ Parol lease.—v. Lease (Parol).

١١٢ Parquet.—v. Filing order by—.

١١٣ Part performance.—v. Lease (Parol).

١١٤ Payment.—v. Prescription ("Condictio indebiti") Pre-emption, 2°.

١١٥ Penalty for delay.—Where a judgment given by a Court of first instance, ordering a party to render an account, and imposing a penalty for every day's delay is confirmed on appeal, execution in respect of such penalty cannot issue directly under the judgment. A separate action must be brought before the Court of first instance, claiming the penalty as from the date fixed in the first judgment. (Trib. App. Cairo, 8 May 1906; No. 115, p. 75.)

١١٦ Pension (Law of Saïd Pasha Art. 7)—1° The provision of art. 7 of the Pension Law of Saïd Pasha to the effect that a pension will be paid "to female heirs until their marriage" is to be construed as including the daughter of a deceased pensioner who has been married but has become a widow before the death of her father (Reversed on appeal). (Trib. Cairo, 29 July 1905; No. 20, p. 11.)

١١٧ 2° The daughter of a deceased pensioner is not, if she has been married, entitled to a pension under art. 7 of the Pension Law of Saïd Pasha, although her husband's death occurred before that of her father. (App. 18 January 1906; No. 38 p. 26.)

١١٩ Perjury committed in the sitting.—v. Sitting (Perjury committed in the—).

١٢٠ Person civilly liable ("Res judicata" as against).—v. "Res judicata". (Definitive conviction).

١٢١ Petition for revocation of judgment.—v. Revocation of judgment (Petition for—), Sale (Rescission).

١٢٢ Place of sepulture (Defilement of—).—v. Tomb (Defilement of—).

١٢٣ Plea to jurisdiction.—v. Jurisdiction (Plea to—).

١٢٤ Pleading guilty (Question as to—).—v. Cassation (Substantial nullity of judgment) 7°.

١٢٥ Pledge.—v. Renewal of lease (Constructive).

١٢٦ Police.—v. Filing order by Parquet, 1°.

١٢٧ Police supervision.—v. Jurisdiction of Native Tribunals 2°.

١٢٨ Possession of stolen property. — v. Theft (Proof of—).

١١٨ Pre-emption.—v. Adjournment on account of lis-pendens.

١٢٩ Pre-emption.—1° The right of pre-emption does not arise from contract: its nature is similar to that of expropriation. Hence, before the Decree of 23 March 1901 came into operation, the Native Courts had jurisdiction to try a pre-emption suit where the pre-emptor and the purchaser were natives, notwithstanding the fact that the vendor was an alien and that the sale had been effected under the Mixed Code. The obligation arising under the Pre-emption Decree to join the vendor as party to the suit does not merely concern the procedure but affects the existence of the right to pre-empt. It has not, consequently, any retrospective effect. (App. 25 April 1905; No. 8. I, II, p. 3.) [paragraph runs from index p. 15 onto p. 16]

١٣٠ 2° A plaintiff who has obtained judgment in a pre-emption suit, may still enforce execution, although four years have elapsed since the date of the judgment, and he has not yet paid the price. (App. 6 March 1906; No. 88, 59.) [printed without "p." before 59]

١٣١ 3° Art. 3, par. 2 of the Pre-emption Decree (23 March 1901), enacting, that no right of pre-emption arises on sales between ancestors and descendants, is applicable even where the purchaser and the person claiming to pre-empt are children of the vendor. It is because such sales savour of gift and not in order to preserve the land in the family, that the said provision has been inserted in the Decree. (App. 8 April 1906; No. 99, p. 66.)

١٣٢ 4° v. Intervention.

١٣٣ Pre-emption (Transmission to heirs).—By the Muhammadan Law the right of pre-emption does not pass to heirs, unless it has been formally recognised by a judgment given in the life time of the person through whom they claim. When therefore a pre-emptor dies after the institution of the suit, but before judgment, the heirs have no right of pre-emption. (Sum. Trib. Damanhour, 16 June 1906; No. 117, p. 76.)

١٣٤ Preparatory Judgment.—v. Appeal (Admissibility) 2°; Judgment (Preparatory) 1°.