١٧٢ Expropriation (Administrative).—Expropriation by the administrative authorities, in execution of a judgment of the Mehkemeh, is an administrative act without the jurisdiction of the Courts. A claim, by way of revindication, of immovable property which is being thus expropriated does not, consequently, stay the proceedings for sale, nor is the time for appeal from a judgment deciding on such claim limited to ten days from the service thereof. (Trib. App. Cairo 19 December 1905 ; No. 30, p. 18.)

١٧٤ Facts (Designation of).—v. Cassation (Substantial nullity of procedure), 1°.

١٧٣ Facts (Mention).—v. Cassation (Substantial nullity of judgment), 5°.

١٧٥ Failure to decide claim.—v. Cassation (Substantial nullity of judgment), 2°, 6°.

١٧٦ False charge.—1° In order to support an action in damages for bringing a criminal charge, it is not sufficient that the person charged should have been acquitted; it must also be shewn that the charge was brought without reasonable or probable cause. (App. 25 January 1906; No. 74, p. 50.)

١٧٧ False charge.—2° Although a person charged with laying a false information cannot be convicted unless the prosecution prove that he acted in bad faith and with malice, yet he is liable in tort, under art. 151 C.C., by reason of his negligence alone. (Trib. App. Alexandria, 18 April 1906; No. 78, p. 51.)

١٧٨ False charge (Omission to mention authority before whom made).—v. Cassation (Substantial nullity of judgment), 9°.

١٧٩ False information.—v. False charge.

١٨٠ False representation.—v. Fraud in a matter of contract.

١٨١ Filing order by Parquet.—1° Where, in a prosecution, the Parquet orders the papers to be filed without further proceedings, on the grounds that no punishable offence is disclosed, it cannot subsequently re-open proceedings on the plea that it had not itself held the preliminary enquiry but had relied on that held by the Police. (App. 26 January 1905 ; 60, p. 41.)

١٨٢ Filing order by Parquet.—2° Where the Parquet has ordered a case to be filed without further proceedings, the civil claimant cannot take out a direct summons against the accused on the same charge, unless in accordance with art. 127 C.Cr.Pr., he produces further evidence against him. (Cass. 31 March 1906; No. 94 p. 65.)

١٨٣ Fine.—v. Seal (Denial of, subsequent acknowledgment of—).

١٨٤ Forfeiture.—v. Appeal by the Parquet, Bail 1°, 2°.

١٨٥ Forgery.—1° A person is guilty of forgery who, without the knowledge or consent of the owner of a seal, affixes its impress upon a document purporting to be a conveyance of land belonging to such owner, and it is immaterial whether the impress be affixed by means of a genuine or of a spurious seal. Consequently, where such document bears the impress of a genuine seal thus fraudulently affixed, a person who, knowing it to be forged, sets it up against the owner, is guilty of uttering the forgery. (Cass. 8 April 1905; No. 2, p. 1,)

١٨٦ Forgery.—2° A having brought an action against B, the latter obtained a visiting card on which were printed A's name and address and induced C, a public writer, to write on it to the judge who was to try the suit offering him a bribe. No written signature appeared on the card, but B sent it to the judge through the post with the intention of leading him to suppose that it emanated from A, and the judge did in fact believe that such was the case. Held, in a subsequent prosecution, that C was guilty of forgery and that B was punishable as an accessory thereto. (Trib. App. Alexandria, 20 February 1906; No. 101, p. 67.)

١٨٧ Fraud (Personal).—v. Revocation of judgment (Petition for), 2°.

١٨٨ Fraud in a matter of contract.—Mere non-disclosure of a material fact does not amount to fraud in a matter of contract: in order to constitute fraud there must be an actual false representation. (Sum. Trib. Mellawi, 28 August 1905 ; No. 33, p. 19.)

١٨٩ Fraudulent conversion.—v. Conversion (Fraudulent).

١٩٠ Further evidence.—v. Filing order by Parquet 2°.

١٩١ Garuka (Stay of execution).—A creditor in possession of land under a contract of garuka is not entitled to a stay of execution as against a judgment creditor in whose favour an order for the sale of such land has been made. (App. 23 November 1905; No. 51, p. 34.)

١٩٢ Gift (Savour of—).—v. Pre-emption, 3°.

١٩٣ Grounds (Adoption of—).—v. Cassation (Substantial nullity of judgment), 1°.

١٩٤ Guarantor, alien.—v. Jurisdiction of Native Ttribunals, 4°.

١٩٥ Guardian (Appointment of new).—v. Meglis Hasby (Appeal from decision of—).

١٩٦ Guardian of husband (an infant.)—v. Adultery (Information laid by guardian).

١٩٧ Harem of a muhammadan.—v. Adultery (Accessory to—).

١٩٨ Holidays (consecutive).—v. Cassation (Substantial nullity of procedure) 2°.

١٩٩ Holidays (National and local).—The five following feasts are national holidays during which the Courts should not sit. 1. Baïram (4 days, including the Wakfah). 2. Kourban-Baïram (5 days, including the Wakfah). 3. Anniversary of the birth of the Prophet (1 day). 4. Anniversary of the accession of H. H. the Khedive (1 day). 5. Sham-el-Nessim (1 day). Other feasts, such as those of the Holy Carpet and of the Khalig, are observed in Cairo only, and the Courts, other than those of Cairo, should therefore, sit during their celebration. (Cir. No. 3, 8 February 1906 ; No. 71, p. 44.)

٢٠٠ Holy Carpet.—v. Holidays (National and local).

٢٠١ Husband (Infant).—v. Adultery (Information laid by guardian).

٢٠٢ Husband (Information laid by).—v. Adultery.

٢٠٤ Illness (Duration of—).—v. Assault (Adjournment of prosecution proceedings).

٢٠٣ Illness (Last).—v. Jurisdiction of Native Tribunals (Wakf, Constitution of—).

٢٠٥ Illness or incapacity for work.—v. Cassation (Substantial nullity of judgment), 4°.

٢٠٦ Impossibility (moral).—v. Witnesses (Proof by), 2°.

٢٠٧ Imprisonment —v. Jurisdiction of Markaz Tribunals.

٢٠٨ Inability to work during more than 20 days.—v. Assault, Cassation (Substantial nullity of judgment), 4°.

٢٠٩ Indorsment.—v. Jurisdiction (Domicil of defendant).

٢١٠ Infant.—v. Adultery (Information laid by guardian), Prostitution under 14 years.

٢١١ Information. (False).—v. False charge, 2°.