٤٢ Assignment of share of a succession.—v. Gift, 1°.

٤٣ Auction (Public).—v. Seizure, 2°.

٤٤ Bad faith.—v. False charge, 1°; False pretences, Paulian action.

٤٥ Bail.—When a court of first instance has sentenced to imprisonment without fixing in accordance with Arts 155 and 180 C.Cr.Pr. the amount of bail, and appeal has been lodged by the person convicted, the Court of Appeal will, by an interlocutory judgment, admit him to bail and fix the sum for which it will be granted. (App. 28 November 1905; No. 66, p. 47.)

٤٦ Beast of burden.—v. Malicious wounding of animals.

٤٧ Beit El-Mal.—The principle followed by the Courts with regard to fees due to the Beit El-Mal is that the Beit El-Mal has a right to one per cent on movable property when an inventory has been made of it, and to one per cent on immovable property if administered by the Beit El-Mal; otherwise only fees for travelling will be allowed. An undertaking by a tutor to pay fees amounting to two per cent of the whole estate could not be relied on by the Beit El-Mal, as such undertaking cannot give the Beit El-Mal a right beyond that which is given to it by the laws and decrees. (App. 15 June 1904; No. 8, p. 3.)

٤٨ Building licence.—v. Continuing contravention.

٤٩ Cadi acting in notarial capacity.—v. Mandate (Proof).

٥٠ Canals.—v. Dykes and canals, 1°.

٥٢ Cassation (Admissibility).—1° The accused cannot avail himself in cassation of the ground that his application to the appeal tribunal was out of time, the appeal being in his interest. (Cass. 21 July 1904; No. 2, II, p. 1.) 2° Where a Court has misapplied a provision of the law, its judgment of conviction will nevertheless be upheld if, in the appeal in Cassation by the accused persons, it appear that they have suffered no prejudice. A judgment convicting for voluntary homicide, but erroneously pronouncing the penalty for assault resulting in death, is therefore not liable to cassation, on the appeal of the accused, since the latter penalty is less severe than that which should have been pronounced. (Cass. 13 October 1904; No. 48, I, p. 33). 3° Appeal in cassation is only admissible against a final judgment on the merits. Accordingly it is inadmissible when lodged against a judgment given on a plea of objection and naming a later day for the pleadings on the general issue. (Cass. 1 April 1905; No. 86, p. 66.) 4° When a civil claimant to whom damages have been awarded in first instance dies after judgment in first instance and before the hearing of the appeal and the accused does not on the hearing of the appeal seek to avail himself of such death, the fact that the appellate tribunal has confirmed the judgment so awarding damages is not a ground for cassation. (Cass. 8 April 1905; No. 97, p. 73.) 5° Only judgments which are final as regards the party appealing are susceptible of being reviewed by the Court of Cassation. (Cass. 29 April 1905; No. 87, I, p. 66.)

٥١ Cassation (For judgments of the Court of Cassation indexed elsewhere).—v. Adultery, 1°; Appeal (Amount of claim), 2°; False charge, 2°; Forgery (Official registers); Forgery (Prosecution); Forgery (Uttering), 1°, 2°; Forgery and uttering of forgery; Games of chance; Interlocutory judgment, 3°, 5°; Jurisdiction of Summary Tribunals, 2°; Jurisdiction of Court of Appeal; Lawful defence (Conditions); Public indecency, 2°; Public officer; Robbery with violence, 1°; Service of judgment in criminal proceedings, 2°, 3°; Theft, 2°.

٥٣ Cassation (Misapplication of law).—The law has not determined any limit of time within which the previous convictions entailing the application of Art. 50 P.C. must have been pronounced, the last conviction alone being subject to prescription. An appeal in cassation will therefore lie from a judgment declaring this article inapplicable on the ground that convictions prior to the last penalty incurred by a recidivist are more than five years old. (Cass. 21 January 1905; No. 51, p. 34.)

٥٤ Cassation (Substantial nullity of judgment).—1° A judgment is not liable to cassation for failure to mention the dates of previous convictions, when the existence of such convictions has not, in fact, led to an increase in the penalty pronounced. (Cass. 13 October 1904; No. 39, p. 26.) 2° For the application of Art. 50 P.C., it is not required that the previous convictions should have been within a certain period of time, but such convictions with their dates should be mentioned in the judgment, in order to prevent it being liable to cassation for not stating the facts of the case. (Cassation 21 January 1905; No. 50, II, p. 34.) 3° An appeal lodged by the civil claimant only does not prevent a judgment of acquittal from acquiring the force of "res judicata." Under such circumstances, the judgment of the Court of Appeal, awarding damages to the civil claimant, is governed by the principles of civil law. Such a judgment is not therefore liable to cassation on any of the following grounds: 1. That it fails to mention the text of the articles of the Penal Code which it purports to apply. 2. That it does not mention the date of the offence. 3. That it does not state to which category of punishable acts the offence belongs. (Cass. 13 October 1904; No. 40, p. 26.) 4° A judgment acquitting a person charged with assault on the ground that he was merely exercising the right of self-defence, will be annulled if the facts are not stated in such judgment with sufficient clearness to enable the Court of Cassation to decide whether the conditions required for lawful self-defence have been complied with. (Cass. 12 November 1904, No. 24, p. 17.) 5° The only reason for stating in the judgment the date of the offence is that the Court of Cassation may be able to see whether the criminal action is prescribed or not. Accordingly a judgment convicting for the uttering of a forgery, without mentioning the date of such uttering but stating that the three years necessary for prescription have not yet elapsed, is not liable to cassation. (Cass. 19 November 1904; No. 25, I, p. 17.) 6° It is no longer necessary to set out in the judgment the text of the article applied, and failure to do so does not therefore give rise to cassation. (Cass. 19 November 1904; No. 26, p. 18.) 7° A judgment of conviction is liable to cassation for substantial nullity if it fail to state the place where the offence was committed. (Cass. 14 January 1905; No. 61, p. 45.) 8° A judgment is not liable to cassation on the ground that one of the judges was absent when it was given, if it appear from the documents relating to the suit that such judge had signed the minute of the judgment. (Cass. 21 January 1905; No. 62, II, p. 46.) 9° It is sufficient for a judgment, convicting for the forgery and uttering of a document and treating these two offences as one, to specify the date of the uttering, and such judgment is in consequence not liable to cassation for not mentioning the date of the forgery. (Cass. 25 January 1905; No. 27, I, p. 18.) 10° Under the new law, it is sufficient merely to refer to the text applied. (Cass. 25 March 1905; No. 75, II, p. 54.)

٥٥ Cassation (Substantial nullity of procedure).—1° A judgment of conviction based in general terms on the evidence of witnesses is liable to cassation if one of the witnesses heard at the trial was not sworn and the judgment does not state whether the evidence of such witness was relied on or not. (Cass. 6 October 1904; No. 37, p. 25.) 2° The Court of Cassation will not listen to an objection based on an irregularity committed in the procedure in first instance when the point has not been raised in appeal. The omission, on the part of the tribunal of first instance, to decide an objection raised before it, relating to the taking into account of the evidence of witnesses who failed to appear at the hearing, will, consequently, not give rise to cassation if it has not been pleaded in appeal. (Cass. 13 October 1904; No. 48, II, p. 33.) 3° Although it is advisable that the grounds of a judgment should be read at the time such judgment is delivered, the failure to proceed in this manner does not entail cassation of the judgment. In Egypt as in France, it is permissible that the operative part only of a judgment should be pronounced, and that the grounds should be drawn up afterwards. (Cass. 19 November 1904; No. 25, II, p. 17.) 4° Where the Parquet appeals from a judgment by default against which the accused has lodged opposition, the Court of Appeal must suspend judgment until decision on the opposition. If it fail to observe this rule, the judgment on appeal as well as all proceedings subsequent to the judgment by default, are liable to cassation for substantial nullity of procedure. (Cass. 7 January 1905; No. 60, p. 45.) 5° The fact that one of the judges of the court before which a charge of theft is being tried on appeal has himself laid the information concerning the theft is not a ground for cassation. (Cass. 8 April 1905; No. 98, I, p. 74.) 6° When the victim of an offence has been allowed to enter an appearance after judgment in first instance and the judgment in appeal has awarded him damages, such judgment will, pro tanto, be set aside upon the ground of nullity. It is a matter of public policy that an accused person should not be deprived of his right to have the question of damages decided by two jurisdictions. (Cass. 8 April 1905; No. 98, II, p. 74.)

٥٦ Cassation with order for new trial (Effects).—Even where the convicted person alone has appealed in cassation, the Court to which the action has been remitted after cassation may inflict a more severe penalty than that pronounced on the first appeal, the effect of cassation being to annul the first judgment on appeal. (Cass. 11 February 1905; No. 65, p. 46.)

٥٧ Charge (False—).—v. False charge.

٥٨ Citation.—v. Writ of summons.

٥٩ Citation (Direct—).—v. Oath (Decisive and Supplementary).

٦٠ Civil and commercial code of procedure (Application in criminal proceedings).—v. Service of judgment in criminal proceedings, 2°, 3°.

٦١ Civil claimant.—v. Appeal (Amount of claim), 2°; Cassation (Admissibility), 4°; Cassation (Substantial nullity of judgment), 3°; File (Order to—); Jurisdiction of Criminal Tribunals, 1°; Oath (Decisive and supplementary).

٦٢ Civil claimant (Appearance in appeal).—v. Cassation (Substantial nullity of procedure), 6°.

٦٣ Civil claimant (Direct summons by—).—Where a civil claimant summons the accused directly before the correctional court, the writ must contain a statement, not only of the charge, but also of the articles of the Code under which the act is punishable. Failure to make such mention entails the nullity of the proceedings. Such nullity is a substantial one and is not covered by the appearance of the accused nor by his asking for adjournment, provided it is raised before any witness is heard or pleadings put in. (Sum. Trib. Kafr El Zayat, 22 February 1904; No. 77, p. 55.)

٦٤ Claim (Amount of—).—Exception of want of jurisdiction; Jurisdiction, 2°, 3°.

٦٥ Claim (Civil or Commercial).—v. Composition (Bankruptcy).

٦٦ Claim (Value of—).—v. Exception of want of jurisdiction; Jurisdiction, 2°, 3°.

٦٨ Code (Mixed—).—v. Sale, 1°.

٦٧ Code of Civil and Commercial procedure (Application in criminal proceedings).—v. Service of judgment in criminal proceedings, 2°, 3°.

٦٩ Commencement of proof in writing.—v. Private document, 1°.

٧٠ Common law (Contracting out of—).—v. Oral evidence, 1°, 2°.

٧١ Composition (Bankruptcy).—The disposition of Art. 328 Com. C. is general and applies to all creditors whatever the nature, civil or commercial, of their claims. (Trib. App. Zagazig, 22 February 1904; No. 20, p. 11.)

٧٢ Connected offence.—v. Forgery, 1°.

٧٤ Conservatory arrestment.—The granting of an extension of time by the judge to the debtor does not prevent the creditor from taking precautionary measures; consequently, withdrawal of an arrestment made on the share belonging to a beneficiary in the hands of the Nazir of a Wakf, ought not to be ordered by the Court when it grants extension of time for payment. If it is not proved that a share in the revenues of a Wakf has been given as an alimentary pension, one cannot be heard to say that such share is not liable to arrestment. (App. 28 April 1903; No. 5, p. 2.)

٧٥ Continuing contravention.—A breach of the conditions of a building licence granted by the Public Works Department is deemed to have terminated upon the completion of the building and does not constitute a continuing contravention. The licensee cannot, therefore, be prosecuted for such breach after six months have elapsed from that time. (Sum. Trib. Assiout, 18 March 1905; No. 81, p. 56.)

٧٦ Continuing misdemeanour.—v. Recruiting law.

٧٧ Contract.—v. Gift, 1°, 2°; Jurisdiction (ratione loci).

٧٨ Contract (Capacity).—According to the Decree of 19 November 1896 the age of majority is fixed at 18 years. A person who has attained that age possesses, therefore, full contractual capacity. (Sum. Trib. Tahta, 15 August 1904; No. 71, I, p. 48.)

٧٩ Contract (Commercial).—v. Oral evidence, 3°.

٨٠ Contract (Construction).—For the construction of a contract in writing it is admissible to prove any custom or trade usage whereby incidents not expressly mentioned in such contract are read into contracts of that description. Such custom or trade usage may be shown by parol evidence. Consequently, where two tanners have, for the purposes of their trade, acquired, as tenants in common, a piece of land, effect may be given, even in the absence of express convenant, to a trade usage entitling one of them who subsequently built a factory upon the land to hold the building in severalty. (Trib. App. Cairo, 11 April 1905; No. 68, p. 47.)

٨١ Contract (Garuka).—v. Garuka.

٨٢ Contract (Illegal).—v. Beit El-Mal.