٧٩ Misdemeanour (Designation).—v. Cassation (Substantial nullity of procedure), 4°.

٨٠ Misdemeanour committed at the sitting.— v. Jurisdiction of Assize Courts, 1°.

٨١ Mixed Tribunals.—v. Adjournment of prosecution proceedings, Jurisdiction of Native Tribunals, 3°.

٨٢ Monition of execution.—v. Acquiescence implied.

٨٣ Muhammadan law.—v. Pre-emption (Transmission to heirs).

٨٥ Native Tribunals, jurisdiction. — v. Pre-emption, 1°.

٨٤ Nazir of Wakf (Sole beneficiary).—v. Wakf (Reduction of term of lease).

٨٦ Negative covenant.—v. Default.

٨٧ Negligence.—v. Architect (Responsibility of—), False charge, 2°.

٨٨ New claim.—v. Claim (New).

٨٩ New trial after cassation.—When the Court of Cassation quashes a conviction and orders a new trial, the Court before which such trial takes place must be constituted of judges none of whom sat in the Court which pronounced the conviction. (Cass. 31 March 1906; No. 95, p. 65.)

٩٠ Night (Definition).—v. Theft by night.

٩١ Notice to quit.—v. Renewal of lease (Constructive).

٩٢ Oath (Decisive).—Where a party has applied for permission to tender a decisive oath and the Court has admitted his application, he can not subsequently withdraw the oath nor resort to other methods of proof. (Sum. Trib. Maghagha, 13 February 1906; No. 44, p. 27.)

٩٤ Oath (Mention of form of—).—v. Cassation (Substantial nullity of procedure), 3°.

٩٣ Oath (Mention).—v. Civil claimant (Evidence of—).—

٩٥ Object (Stolen).—v. Theft (Proof of—).

٩٦ Objection to jurisdiction.—v. Jurisdiction (Plea to—).

٩٧ Obligation.—v. Witnesses (Proof by), 2°.

٩٨ Offence committed in sitting.—v. Sitting (Perjury committed in the—).

٩٩ Offenders (Juvenile).—v. Juvenile offenders.

١٠٠ Offer to pay price.—v. Sale (Rescission).

١٠١ Omission to plead.—v. Judgment by default 1°.

١٠٢ Opposition.—v. Appeal, (Dismissal "motu proprio") Appeal by the Parquet, Cassation (Substantial nullity of judgment) 11°, Waiver of right of appeal and of opposition, Cassation (Effect), Appeal (Admissibility), 1°.

١٠٣ Opposition (Limit of time, extension).—The period of limitation for opposition is necessarily prolonged by the existence of circumstances amounting to vis major. Thus, it does not run as against a person detained on account of sickness in a hospital, the rules of which prohibit patients to leave before complete recovery. (Markaz Trib. Bab-el-Sharia, 9 January 1906; No. 56, p. 35.)

١٠٤ Opposition (Time for—).—The period during which a prisoner may make opposition begins to run when the judgment is served on him by the Director of the prison and not when the copy of the judgment is delivered to the Director. (Sum. Trib. Assouan, 15 July 1905; No. 10, p. 4.)

١٠٥ Opposition by an agent.—A person convicted by default may lawfully make opposition through an agent to whom he has given special authority for purpose. (Trib. App. Alexandria, 4 April 1906; No. 102, p. 67.)

١٠٦ Order (Interlocutory).—v. Appeal (Admissibility) 4°.

١٠٧ Order to file without further proceedings.— v. Filing order by Parquet.

١٠٨ Ownership (Concurrent).—v. Lease (Concurrent ownership, rescission of—).

١٠٩ Parents.—v. Juvenile offenders.

١١١ Parol evidence.—v. Document (Destruction of a—).

١١٠ Parol lease.—v. Lease (Parol).

١١٢ Parquet.—v. Filing order by—.

١١٣ Part performance.—v. Lease (Parol).

١١٤ Payment.—v. Prescription ("Condictio indebiti") Pre-emption, 2°.

١١٥ Penalty for delay.—Where a judgment given by a Court of first instance, ordering a party to render an account, and imposing a penalty for every day's delay is confirmed on appeal, execution in respect of such penalty cannot issue directly under the judgment. A separate action must be brought before the Court of first instance, claiming the penalty as from the date fixed in the first judgment. (Trib. App. Cairo, 8 May 1906; No. 115, p. 75.)

١١٦ Pension (Law of Saïd Pasha Art. 7)—1° The provision of art. 7 of the Pension Law of Saïd Pasha to the effect that a pension will be paid "to female heirs until their marriage" is to be construed as including the daughter of a deceased pensioner who has been married but has become a widow before the death of her father (Reversed on appeal). (Trib. Cairo, 29 July 1905; No. 20, p. 11.)

١١٧ 2° The daughter of a deceased pensioner is not, if she has been married, entitled to a pension under art. 7 of the Pension Law of Saïd Pasha, although her husband's death occurred before that of her father. (App. 18 January 1906; No. 38 p. 26.)

١١٩ Perjury committed in the sitting.—v. Sitting (Perjury committed in the—).