١١ Action (Criminal, res judicata).—v. Res judicata (Definitive conviction).

١٢ Action (Deprivation of right of action).—v. Collision.

١٣ Action for an account.—v. Penalty for delay.

١٤ Action for recovery of land.—v. Claim (value of), Jurisdiction of Native Tribunals, 1°.

١٥ Adjournment.—v. Assault (Adjournment of prosecution proceedings), Cassation (Effect), Judgment (Preparatory), 1°.

١٦ Adjournment (Application for).—v. Exception (Waiver of—).

١٧ Adjournment (Application for, effect).—v. Jurisdiction (Plea to—), 1°.

١٨ Adjournment (Groundless application for—).—Applications for postponement of trial should never be granted except in cases of absolute necessity. Especially in criminal proceedings, such applications are frequently ill-founded, the applicant's real purpose being merely to retard conviction. A change of advocate made shortly before the time fixed for the hearing, is a means frequently resorted to in order to afford plausible grounds for adjournment. Adjournments granted on mere pretexts increase costs, inconvenience witnesses and cause serious difficulties in the disposal of the business of the Court. (Cir. No. 5, 5 March 1905; No. 57, p. 35.)

٢٠ Adjournment of prosecution proceedings.—When persons charged with being accessories to a forgery are prosecuted before a Native Criminal Court, an adjournment should not be ordered on the ground that the instrument alleged to be forged may be held genuine in a suit pending in the Mixed Courts. (Cass. 14 April 1906; No. 96. p. 66.)

١٩ Adjournment on account of "lis pendens".—An order staying proceedings on the ground of lis pendens, prevents the peremption of the action stayed during the pendency of the other suit. (Sum. Trib. Beni Souef, 29 November 1904; No. 66, p. 43.)

٢١ Administrative acts.—v. Jurisdiction of Native Tribunals, 1°, 2°.

٢٢ Administrative authorities.—v. Expropriation (Administrative).

٢٣ Administrative authorities (Powers of—).—v. Jurisdiction of Native Tribunals, 1° 2°.

٢٤ Administrative procedure.—v. Jurisdiction of Native Tribunals, 1° 2°.

٢٥ Admissibility.—v. Appeal (Admissibility).

٢٦ Adultery.—The fact that a husband who has laid an information against his wife for adultery, has divorced her before the case has been heard, does not prevent her, nor her accomplice, from being subsequently convicted. (Cass. 25 November 1905; No. 7, p. 3.)

٢٧ Adultery (Accessory to—):—The fact that a person prosecuted as an accessory to the adultery of a wife was present in the house in which she lived, is not admissible as evidence against him when it is shewn that the wife was living apart from her husband and that such house was her private dwelling. (Trib. App. Tanta, 7 May 1906; No. 104, p. 68.)

٢٨ Adultery. (Information laid by guardian).—An information for adultery laid against a wife by the guardian of her husband (an infant) is regular if the latter appears at the sitting and confirms it. (Cass. 17 February 1906; No. 48, p. 33.)

٢٩ Advocate.—v. Adjournment (Groundless application for—). Appeal by an agent.

٣٠ Agent.—v. Appeal by an agent, Opposition by an agent.

٣١ Aggravating circumstances.—v. Theft by night.

٣٢ Agr-el-Mithl.—v. Lease (Lessee holding over).

٣٣ Alien.—v. Jurisdiction of Native Tribunals, 4°.

٣٤ Alimony.—v. Execution (Provisional).

٣٥ Alleged fraud.—v. Revocation of judgment (Petition for), 2°.

٣٦ Amount.—v. Appeal (Admissibility,), 4°.

٣٧ Ancestors and descendants.—v. Pre-emption, 3°; Witnesses (Proof by), 2°.

٣٨ Anniversary of the birth of the Prophet.—v. Holidays (National and local).

٣٩ Appeal.—1° Where a difficulty arising in the execution of a judgment given on appeal has been referred to the Court which delivered the judgment, no appeal lies from its decision thereon. (App. 23 January 1906; No. 73, p. 49.)

٤٠ Appeal.—2° v. Bail, 1°, 2°; Cassation (Substantial nullity of judgment), 1°, 5°, 11°; Claim (New), Execution (Provisional), Meglis Hasby (Appeal from decision of—)—Waiver of right of appeal and of opposition.

٤١ Appeal. (Admissibility).—1° An appeal from a judgment by default brought by the State Representative within the time limited for opposition is not invalidated by the mere fact that the accused has subsequently made opposition. The effect of such opposition is to render the admissibility of the appeal conditional on the affirmance of the judgment by default. When it is finally affirmed the appeal may be heard and determined. (Trib. App. Cairo, 31 December 1905, No. 39, p. 26.)

٤٢ Appeal. (Admissibility).—2° An order for the inspection of premises, made by the Court of its own motion, does not tend to prejudge the merits and is of a purely preparatory nature. An immediate appeal from such an order is consequently inadmissible. (Trib. App. Beni-Souef, 8 April 1906, No. 103, p. 67.)

٤٣ Appeal. (Admissibility).—3° If, when an interlocutory judgment is delivered, an action is appealable, but owing to the coming into force of a new law, it has ceased to be so when final judgment is given, a simultaneous appeal against both judgments is inadmissible. This is the case because, as regards the final judgment, the law to be applied is that which is in force when the judgment is delivered; and as regards the interlocutory judgment, because no appeal lies from the judgment on the merits. (Trib. App. Tanta, 18 April 1906, No. 93, p. 60.)

٤٤ Appeal. (Admissibility).—4° An appeal against an interlocutory order is not admissible where none lies against the principal judgment. An interlocutory order of the Summary Tribunal, made in a suit where the amount of the claim does not exceed P. T. 2000, is, consequently, not open to appeal. (Trib. App. Tanta, 13 December 1904, No. 29, p. 18.)

٤٦ Appeal (Dismissal "motu proprio").—The Court can dismiss, of its own motion, an appeal brought from a judgment by default before the expiration of the time for opposition. The Court can, of its own motion, order an appeal to be struck out, if it has not been lodged within the time limited for presenting appeals. (Trib. App. Tanta, 17 April 1906, No. 62, p. 42.)

٤٥ Appeal (Effect).—v. Sale (Rescission).

٤٧ Appeal. (Immediate).—v. Judgment (Preparatory).

٤٨ Appeal. (Loss of right to present—).—v. Acquiescence implied.

٤٩ Appeal. (Time for—).—1° The day on which judgment was delivered in a prosecution for misdemeanour, must not be included in the calculation of the time limited for bringing an appeal therefrom. (Cass. 28 April 1906, No. 106, I, p. 73.)

٥٠ Appeal. (Time for—).—2° v. Expropriation (Administrative).