٣٦ 2° The provision of the Prisons' Regulation Decree (9 February 1901) whereby a prisoner conditionally set at liberty may, in case of misconduct, be again incarcerated, does not derogate from the jurisdiction of the Courts to try him for a breach of the provisions of the decrees dealing with police supervision. (Cass. 6 January 1906; No. 28, p. 18.)

٣٧ 3° By art. 5 of Decree of 12 July 1888 it was provided that the "Caisse de la Dette" should be joined as a party to all suits in which an order for payment out of the liquidation funds might be made. As a result, such of the said suits as were cognizable at common law by the Native Tribunals were, by the joinder of the "Caisse," taken out of their jurisdiction. But the said Decree having been repealed by the Law of 28 November 1904 and the "Caisse" being, consequently, no longer a necessary party, these Tribunals have now recovered the jurisdiction of which they were thus temporarily deprived. Art. 66, parag. 2, of the said Law, whereby it is provided that no repeal therein contained shall have the effect of giving to any Courts jurisdiction which they did not possess before its coming into operation, does not, in its true construction, affect this result of the repeal. (App. 16 January 1906; No. 61, p. 41.)

٣٨ 4° Where a suit between natives has been commenced in a Native Tribunal, the mere fact that the defendant has an option of joining an alien as a party (in the present instance as guarantor), does not take it out of the Court's jurisdiction. (Trib. App. Zagazig, 21 February 1906; No. 114, p. 75.)

٣٩ 5° v. Expropriation (Administrative), Pre-emption, 1°.

٤٠ Jurisdiction of Native Tribunals (Wakf, Constitution of—).— The question as to whether the person establishing a wakf was in his last illness when he did so, is not one of those "relating to the establishment of wakfs" within the meaning of art. 16 O.D. It is, therefore, within the jurisdiction of the Native Tribunals. (App. 25 May 1905; No. 50, p. 34.)

٤١ Jurisdiction of Summary Tribunals.— The Summary Tribunal has jurisdiction to decide, as an interim measure of urgency, a suit in declaration of nullity of a conservatory arrestment not made in accordance with the provisions of arts. 410, 412, 415 C. C. Pr, (Sum. Trib. Maghagha, 17 April 1905; No. 21, p. 11.)

٤٢ Just title. — v. Prescription (Quinquennial, Acquisitive).

٤٣ Juvenile offenders.—1° In applying articles 61 and 64 P.C. (Juvenile Offenders) judges are requested to comply with the following instructions: 1. Where the disposition of the offender is not depraved, or where, owing to his mental development, a slight penalty would suffice, the judge should order him to be handed over to his parents or to be whipped. 2. Where the offender shows a decided tendency towards criminal misconduct, but, nevertheless, it appears that a change of moral atmosphere may amend his disposition, he should be committed to a reformatory. Except where the offender is over thirteen years of age the term of confinement in a reformatory should not be less than three years. 3. Where the offender is apparently incorrigible he should be sentenced to imprisonment. Cases concerning juvenile offenders should be disposed of without adjournment and allowed precedence over other cases in the cause list. This is especially applicable to appeals from judgments committing to a reformatory. (Cir. No. 8, 29 April 1905; No. 59, p. 36.)

٤٤ 2° v. Cassation (Substantial nullity of judgment), 3°.

٤٥ Juvenile offenders indicted for crime.—v. Jurisdiction of Assize Courts, 2°.

٤٦ Khalig.—v. Holidays (National and local).

٤٧ Kourban Baïram.—v. Holidays (National and local).

٤٨ Land.—v. Transcription (Bad faith.)

٤٩ Last illness.—v. Jurisdiction of Native Tribunals (Wakf, Constitution of—).

٥٠ Law (New).—v. Appeal (Admissibility), 3°.

٥١ Law (Retrospectivity of—).—v. Appeal (Admissibility), 3°; Retrospectivity of law, Retrospectivity of procedure rules.

٥٥ Lease (Concurrent ownership, rescission of—).—Where one of several concurrent owners of land has granted a lease of a portion of it, he cannot claim to have the lease set aside on the ground that the other owners were not parties to it. (App. 10 January 1906; No. 72, I, p. 49.)

٥٤ Lease (Constructive renewal).—Although, where a lease has been renewed under article 386 C. C., it is subject to the same conditions, yet the renewal has not the effect of rendering liable for the new term a surety who guaranteed the payment of the rent reserved under the original lease. Such surety is discharged when the lease under which he is bound has determined. (Sum. Trib. Menouf, 21 October 1905; No. 42, p. 27.)

٥٣ Lease (Lessee holding over).—Where a lessee holds over after the determination of the lease, without there being a constructive renewal thereof, he must pay to the lessor a sum equivalent to the current rent of similar lands. (Agr-el-Mithl). (App. 3 April 1906; No. 90, 1, p. 59.)

٥٢ Lease (Parol).—When there has been no part performance of an alleged parol lease, the existence of such lease cannot be established by the evidence of witnesses, notwithstanding the existence of an instrument constituting a commencement of written proof. (App. 31 March 1906; No. 109, p. 74.)

٥٦ Lease (Rescission). — 1° Where a lease has been set aside by the Court for default in payment of the rent and the tenant has brought an appeal, he may, until final judgment, obtain relief by paying the arrears into Court. The tenant should, however, be ordered to pay the costs of both trials. (Trib. App. Tanta, 14 March 1906; No. 52, p. 34.)

٥٧ 2° A purchaser of land cannot rescind a lease of it, granted by his vendor, when the legally established date of such lease is prior to that of the sale. It is binding, as against him, although the term does not begin to run until after the date of the sale. (App. 10 January 1906; No. 72, II, p. 49.) [paragraph runs from index p. 13 onto p. 14]

٥٨ Lease (Term).—v. Wakf (Reduction of term of lease).

٥٩ Liability, civil.—v. Architect (Responsibility), False charge, 2°.

٦٠ Liberation (Conditional).—v. Jurisdiction of Native Tribunals, 2°.

٦١ Limit of time.—v. Appeal by the Parquet, Opposition (Limit of time, extension).

٦٢ Liquidation (Law).—v. Jurisdiction of Native Tribunals, 3°.

٦٤ Loss of ship.—v. Collision.

٦٦ Malicious prosecution.—v. False charge, 2°.

٦٧ Mandate.—v. Appeal by an agent.

٦٨ Mandate, special.—v. Opposition by an agent.

٦٩ Manslaughter.—v. Architect (Responsibility of—).

٧٠ Markaz Tribunals.—v. Assault (Adjournment of prosecution proceedings), Jurisdiction of Markaz Tribunals.

٧١ Master's claim (Limit of time).—v. Collision.

٧٢ Meglis Hasby.—v. Interdiction (Absence of publication).

٧٣ Meglis Hasby. (Appeal from decision of—).—The Court of Appeal has no jurisdiction to hear an appeal from a decision of a "Meglis Hasby" appointing a new guardian of an interdicted person, such decision not being one of those from which appeal lies under Art. 6 of the Decree of 19 November 1896 (Meglis Hasby). (App. 11 April 1906; No. 111, p. 74.)

٧٤ Mehkemeh (Judgment of—).—v. Expropriation (Administrative).

٧٦ Mention.—v. Cassation (Substantial nullity of judgment), 1°, 4°, 5°, 7°, 10°.

٧٧ Mesne profits.—v. Claim (Value of—).

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