٨٣ Contracting out of the common law.—v. Oral evidence, 1°–2°.

٨٤ Contravention (Continuing).—v. Continuing contravention.

٨٥ Conveyance (Fraudulent).—v. Paulian action.

٨٦ Convictions (Previous—).—v. Cassation (Misapplication of law); Cassation (Substantial nullity of judgment), 1°, 2°; Jurisdiction of Summary Tribunals, 2°.

٧٣ Co-owner.—v. Pre-emption, 1°, 2°; Res judicata, 1°.

٨٧ Copt.—v. Jurisdiction, 1°.

٨٨ Copy of a private document.—v. Private document, 1°.

٨٩ Copy of a writ of Summons.—v. Writ of Summons, 1°.

٩٠ Costs.—The allowance of costs against a defendant being an integral part of the judgment which gives them, execution for their recovery cannot issue if appeal has been lodged against the judgment, save where this is itself provisionally executory. The separate service of the bill of costs, under Art. 49 of the Decree of 7 October 1897, does not modify, in this respect, the suspensive effect of the appeal. (Sum. Trib. of Beni Souef, 2 November 1903; No. 92, p. 67.)

٩١ Court (Powers of—).—v. Interlocutory judgment.

٩٢ Court of appeal (Powers).—v. Bail.

٩٣ Creditor (Hypothecary).—v. Hypothec; Sale, 1°.

٩٤ Crime.—v. Jurisdiction of Criminal Tribunals, 2°, 3°, 5°; Jurisdiction of Summary Tribunals, 2°.

٩٥ Criminal intention.—The absence of criminal intention is no defence to a prosecution under Art. 152 (former Penal Code) as amended by Decree of 4 November 1898; for the stopping of a train by the use of false signals, for any reason other than the avoidance of danger, is one of those crimes in which criminal intention is implied from the commission of the act. (Trib. Cairo, 25 April 1904; No. 35, p. 20.)

٩٦ Culvert (Removal of—).—v. Dykes and canals, 1°.

٩٧ Custom or trade usage.—v. Contract (Construction).

٩٨ Damages.—v. Cassation (Substantial nullity of judgment), 3°; Cassation (Substantial nullity of procedure), 6°; False charge, 1°, 2°; Jurisdiction of Criminal Tribunals, 1°.

٩٩ Date of offence.—v. Cassation (Substantial nullity of judgment), 1°, 2°, 3°, 5°, 9°.

١٠٠ Death (Effect on proceedings).—v. Cassation (Admissibility), 4°.

١٠١ Decree relating to Dykes and canals.—v. Dykes and canals.

١٠٢ Defence (Right of—).—v. Cassation (Substantial nullity of procedure), 6°; Service of judgment, 1°, 2°.

١٠٣ Defendant (Appearance of—).—v. Writ of summons, 2°.

١٠٤ Degrees of jurisdiction.—v. Cassation (Substantial nullity of procedure), 6°.

١٠٥ Delegation (Temporary).—v. Domicile.

١٠٦ Denial of authenticity of document.—1° A seal, unlike a signature, is separable from the person, so that recognition of a seal includes recognition not only of the seal itself, but also of the fact of having used it. Accordingly a person who acknowledges as his the seal affixed to a private document, but denies that it was affixed by himself, is liable to the fine imposed by the law when it is established that he did in fact affix the seal. (Trib. App. Assiout, 8 March 1904; No. 22, p. 12.) 2° The acknowledgment of a seal does not necessarily imply that its owner affixed it to the document himself. Therefore when the heirs of a deceased person deny that he affixed a seal, this is a denial of the seal, and the claimant under the document must prove the act of sealing. (App. 29 December 1904; No. 34, p. 20.) 3° v. Acknowledgment of seal.

١٠٧ Denunciation.—v. False charge.

١٠٨ Denunciation by husband.—v. Adultery, 2°.

١٠٩ Depositary (Remunerated).—v. Vis Major.

١١٠ Direct citation.—v. Oath (Decisive and supplementary).

١١١ Discharge.—v. Oral evidence, 1°-3°.

١١٢ Document (Official).—v. Gift, 1°, 2°; Mandate (Proof).

١١٣ Document (Private).—v. Denial of authenticity of document; Gift, 2°; Private document, 1°.

١١٤ Domestic animals.—v. Jurisdiction of Markaz tribunals.

١١٥ Domicile.—In principle every official who is on permanent service in a locality is deemed to be domiciled in that locality. An official who is on temporary service in another locality is regarded, until the contrary is proved, as still preserving his former domicile. (Trib. App. Alexandria, 25 June 1903; No. 114, p. 88.)

١١٦ Domicile (Election).—v. Jurisdiction (ratione loci).

١١٧ Domicile (Unknown).—v. Service of judgment, 2°; Service of judgment in criminal proceedings.

١١٨ Dykes and canals.—1° Art. 14 of the Decree of 22 February 1894 (Dykes and Canals), which lays down the procedure to be adopted in carrying out the requisite works when the Irrigation Inspector is of opinion that a culvert is too wide, is applicable a fortiori when it is a question of removing the culvert altogether. (App. 16 May 1905; No. 113, I, p. 87.) 2°.—v. Jurisdiction of Native Tribunals, 2°.

١١٩ Equity (Principle of—).—v. Wakf, 2°.

١٢٠ Evidence.—v. Acknowledgment of seal.

١٢١ Evidence (Oral).—v. Oral evidence; Tender.