— Will—Revocation—Proof; v. Will, 148.

V. also : Appeal, Civil, 3-11. Civil Claim, 38. Domicil, Election of, 44. Evidence in Civil Cases, 48-53. Execution, 54-56. Execution on immovables, 57. Improbation, 67-69. Judgment, Civil, 72-74. Judgment by default, 91-93. Jurisdiction of Native Tribunals inter se, 94. Jurisdiction of Native Tribunals, Restrictions on, 96-98. Mixed Tribunals, 106. Peremption of action, 109. Pre-emption, 111, 114. Prescription of Civil Action, 117. "Res judicata", 137.

— Record of sitting—Contents—Form of oath ; v. Procedure, Criminal, 130.

١٢٣ 123. — Advocate. — Scope of mandate. — Abstention from calling witnesses. — The advocate of the accused before an Assize Court has the same right as the accused to abstain from calling witnesses for the defence, even though they have been summoned to appear by the committing judge, and the accused cannot afterwards rely on such abstention as invalidating the judgment. (Cass. 20 Aug. 1907; No. 10).

١٢٤ 124.—Committing Magistrate—Examination of civil claimant.—The Committing Magistrate may, in the exercise of his discretionary powers, examine the civil claimant notwithstanding the fact that he is not mentioned among the persons of whom, by art. 11, Assize Court Law (No. 4, 1905), the Magistrate may ask explanations. (Ord. Com. Tanta, 18 Dec. 1907, No. 36).

١٢٥ 125.— Committing Magistrate. — Examination of Civil claimant. — The Committing Magistrate is not bound to allow the civil claimant to appear before him, but may do so if he be of opinion that the claimant may be of assistance in the elucidation of the truth. (Ord. Com. Cairo, 11 March 1908; Sum. Trib. Benha, 11 Feb. 1908 ; No. 80, I).

١٢٦ 126.—Committing Magistrate a misdemeanour tribunal — Conflicting decisions as to nature of offence.—The committing magistrate held that the facts alleged by the Parquet constituted in law a misdemeanour only. The Summary Tribunal, to which they were then submitted by the Parquet, and the Central Tribunal in appeal therefrom, held that they constituted in law a crime. Upon a second reference to the committing magistrate, that magistrate adhered to his former opinion. Held (by the Court of Cassation) : (a) that the order of the committing magistrate was not binding upon the misdemeanour Courts ; (b) that the committing magistrate was not competent to hear the matter a second time ; and that the Parquet, upon the decision of the Central Tribunal, ought to have sent the case direct to the Assize Court under art. 189 C.Cr.Pr. (Cass. 29 Sept. 1907; No. 13, II).

١٢٧ 127.— Composition of court on appeal. — The fact that one of the judges, who tried an appeal in a case of misdemeanour, had previously sat in the Court before which the case was originally opened, and heard a witness, does not constitute a substantial defect if the hearing was then adjourned, and the case re-opened before another judge. (Cass. 25 Jan. 1908 ; No. 82).

١٢٨ 128.—Note of deposition—Omission of approval by judge.—The failure of the judge, in a case of misdemeanour, to approve the note made by the clerk of the Court in pursuance of arts 170, 186 C.Cr.Pr. is a substantial defect of procedure. (Cass. 9 May 1908 ; No. 122).

١٢٩ 129.—Record of sitting — Contents — Swearing witness.— The fact that one of several witnesses for the prosecution is not shewn, in the record of the sitting, to have been sworn is not a substantial nullity. (Cass. 28 Dec. 1907; No. 41).

١٣٠ 130.— Witness—Oath—Form—Omission from record. The omission from the record of the proceedings of the form of the oath taken by the witnesses is not a substantial nullity ; no particular form is required by law. (Cass. 1 Dec. 1907; No. 26 II); v. also :— Adultery of Wife, 1-2. Appeal, Criminal, 12-18. Arrest, Preventive, 20. Cassation, 30-35. Civil Claim, 36-38. Judgment, Criminal, 75-90. Judgment by Default, 91-93. Jurisdiction of Native Tribunals inter se, 95. Prescription of Public Action, 118-129. Prosecution of Crime, 131.

— Mentions — Formule du serment ; v. Procédure pénale, 129.

— Mentions — Témoins — Prestation de serment ; v. Procédure pénale, 127.

—Liability of promisor ; v. Contract, 39.

—Alien—Evidence of nationality ; v. Jurisdiction of Native Tribunals, Restrictions on, 96.

—Mukallafa—Evidence of ownership ; v Jurisdiction of Native Tribunals, Restrictions on, 98.

— Will—Evidence of revocation ; v. Will, 148.

— V. also ; Evidence in Civil Cases, 48-53.

١٣٠ 130. — « Bestiaux » — Art. 342-3° C.P. — Oiseaux de basse-cour. — Les oiseaux de basse-cour, tels que les oies, ne sont pas des « bestiaux » dans le sens de l'art. 342 (3°) C.P. (Trib. de markaz de Mahallah, 14 juillet 1908, N° 131).

١٣١ 131.—Duties of Parquet and Police.— This Circular, of which a French translation will be found under N° 24 (French Summaries) deals with the respective duties of Police and Parquet in regard to the prosecution and punishment of crime, and gives instructions for the purpose of insuring the combined action of these two branches of the public service. (Joint Circ. Interior and Justice 18 and 19 Jan. 1908; No. 24).

—Eligibility—Payment of land-tax ; v. Election, 45.

—Adultery of wife—Divorce—Subsequent prosecution; v. Adultery of Wife, 1.

—Adultery of wife—Withdrawal of prosecution—Prosecution of paramour ; v. Adultery of Wife, 2.

—v. also; Prescription of Public Action, 118-120.

—v. Establishments, Public, 47. Gaming-house, 63.

—Prescription of public action—Declaration by Court; v. Prescription of Public Action, 120.

—"Raïs Hanut"— Forgery in "procès-verbal"; v. Forgery, 60.

١٣٢ 132.—" Person entrusted with public duty " Arts. 117-119 P. C. — Slaughter-house employees. — Employees of the municipal slaughter-house at Alexandria are persons entrusted with a public duty, within the meaning of arts. 117-119 P.C. (Cass. 25 May 1907; No. 5).

١٣٣ 133.—" Person entrusted with public duty "—Arts. 117-119 P.C.—Expert — An expert appointed by the Court is a person entrusted with a public duty within the meaning of arts. 117 to 119 P.C. (Trib. App. Kena, 11 April 1907 ; No. 23).

— Liability for negligence — Contributory negligence ; v. Tort, 140.

—Contents—Form of oath ; v. Procedure, Criminal, 130.

— Contents—Swearing of witness ; v. Procedure, Criminal, 129.

— Annulation de la procédure, art. 124 C.P.C.C. ; v. Appel en matière civile, 3.

—Neglect of duty—Art. 52 Recruiting Law—Continuing offence ; v. Judgment, Criminal, 79.

—Penalties—Extenuating circumstances — Art. 2 Decree of Promulgation of Penal Code ; v. Extenuating Circumstances, 58.

١٣٤ 134.—Neglect of duty by public servant—Recruiting Law — Art. 121 — Penalties. —Art. 121 of the Recruiting Law prescribes the penalties of imprisonment and revocation cumulatively and a judgment of conviction which does not sentence the offender to revocation must be quashed. (Cass. 28 March 1908; No. 121, II).

— Omission de remplir un devoir — Art. 52 de la loi sur le recrutement — Infraction continue ; v. Jugement en matière pénale, 74.

— Peines — Circonstances atténuantes — Art. 2 du décret de promulgation du C.P. ; v. Circonstances atténuantes, 34.

١٣١ 131. — Manquement aux devoirs d'un fonctionnaire public — Loi sur le recrutement militaire, art. 121 — Peines. — L'art. 121 de la loi sur le recrutement militaire édicte cumulativement l'emprisonnement et la révocation. Le jugement de condamnation qui ne prononce pas la révocation doit donc être cassé. (Cass. 28 mars 1908, N° 121, II).

—"Penalty" ; v. Appeal, Criminal, 14.