١٢٠ Person civilly liable ("Res judicata" as against).—v. "Res judicata". (Definitive conviction).

١٢١ Petition for revocation of judgment.—v. Revocation of judgment (Petition for—), Sale (Rescission).

١٢٢ Place of sepulture (Defilement of—).—v. Tomb (Defilement of—).

١٢٣ Plea to jurisdiction.—v. Jurisdiction (Plea to—).

١٢٤ Pleading guilty (Question as to—).—v. Cassation (Substantial nullity of judgment) 7°.

١٢٥ Pledge.—v. Renewal of lease (Constructive).

١٢٦ Police.—v. Filing order by Parquet, 1°.

١٢٧ Police supervision.—v. Jurisdiction of Native Tribunals 2°.

١٢٨ Possession of stolen property. — v. Theft (Proof of—).

١١٨ Pre-emption.—v. Adjournment on account of lis-pendens.

١٢٩ Pre-emption.—1° The right of pre-emption does not arise from contract: its nature is similar to that of expropriation. Hence, before the Decree of 23 March 1901 came into operation, the Native Courts had jurisdiction to try a pre-emption suit where the pre-emptor and the purchaser were natives, notwithstanding the fact that the vendor was an alien and that the sale had been effected under the Mixed Code. The obligation arising under the Pre-emption Decree to join the vendor as party to the suit does not merely concern the procedure but affects the existence of the right to pre-empt. It has not, consequently, any retrospective effect. (App. 25 April 1905; No. 8. I, II, p. 3.) [paragraph runs from index p. 15 onto p. 16]

١٣٠ 2° A plaintiff who has obtained judgment in a pre-emption suit, may still enforce execution, although four years have elapsed since the date of the judgment, and he has not yet paid the price. (App. 6 March 1906; No. 88, 59.) [printed without "p." before 59]

١٣١ 3° Art. 3, par. 2 of the Pre-emption Decree (23 March 1901), enacting, that no right of pre-emption arises on sales between ancestors and descendants, is applicable even where the purchaser and the person claiming to pre-empt are children of the vendor. It is because such sales savour of gift and not in order to preserve the land in the family, that the said provision has been inserted in the Decree. (App. 8 April 1906; No. 99, p. 66.)

١٣٢ 4° v. Intervention.

١٣٣ Pre-emption (Transmission to heirs).—By the Muhammadan Law the right of pre-emption does not pass to heirs, unless it has been formally recognised by a judgment given in the life time of the person through whom they claim. When therefore a pre-emptor dies after the institution of the suit, but before judgment, the heirs have no right of pre-emption. (Sum. Trib. Damanhour, 16 June 1906; No. 117, p. 76.)

١٣٤ Preparatory Judgment.—v. Appeal (Admissibility) 2°; Judgment (Preparatory) 1°.

١٣٥ Prescription.—Cassation (Substantial nullity of judgment) 8°; Easement, Revocation of judgment (Petition for—) 1°.

١٣٦ Prescription ("Condictio indebiti").—Although prescription bars a creditor's remedy at law, yet his right remains existent, so that if a debtor voluntarily pays a prescribed debt, he cannot recover on the ground that it was not due. Thus, where a debtor, sued for payment of certain costs, believing himself legally liable, paid the amount claimed, it was held that, having voluntarily paid, he could not recover although the debt had been extinguished by prescription. (Sum. Trib. Mousky, 18 March 1906; No. 68, p. 44.)

١٣٧ Prescription in criminal cause.—A person who conceals stolen property is not concerned as an accessory in the commission of the theft but is guilty of a distinct and continuous offence for which the term of prescription does not run until its detection. He is then liable to prosecution although three years have elapsed since the theft was committed. (Cass. 30 December 1905; No. 26, p. 17.)

١٣٨ Prescription, quinquennial, acquisitive.—An instrument void on account of a defect in its form, is not a "just title" within the meaning of article 76 C.C., and cannot, consequently, serve as a root of title for the purpose of acquiring ownership by five years' prescription. (App. 20 March 1906; No. 97, p. 66.)

١٣٩ Presumption.—v. Theft (Proof of—).

١٤٠ Price (Payment),—v. Sale (Rescission).

١٤١ Prisoner.—v. Jurisdiction of Native Tribunals, 2°; Opposition (Time for—).

١٤٢ Procedure.—v. Sitting (Perjury committed in the—).

١٤٣ Procedure (Rule of, retrospectivity.)—v. Retrospectivity of procedure rules, Retrospectivity of law.

١٤٤ Procedure (Special, administrative).—v. Jurisdiction of Native Tribunals 1°, 2°.

١٤٥ Production of documents.—v. Exception (Waiver of—).

١٤٦ Proof.—v. Lease (Parol), Oath (Decisive) Quasi-tort, Cassation (Substantial nullity of judgment), 10°; Witnesses (Proof by—).

١٤٧ Property (Stolen).—v. Prescription in criminal cause.

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

١٤٩ Prosecution.—v. Adjournment of prosecution proceedings.

١٥٠ Prosecution (Malicious).—v. False charge, 2°.

١٥١ Prosecution (Re-opening of).—v. Filing order by Parquet.

١٥٢ Prostitution (Infant under 14 years).—An infant who has not attained fourteen years of age is legally incapable of consenting to an immoral act. A girl under that age cannot, consequently, become a prostitute nor can she be convicted of an offence under the Ministerial Order dealing with brothels. (Sum. Trib. Damanhour, 10 August 1905; No. 12, p. 4.)

١٥٣ Provisional execution.—v. Execution (Provisional).

١٥٤ Publication.—v. Interdiction (Absence of publication).

١٥٥ Quasi-tort.—A person may be liable in quasi-tort under article 151 C.C. although it is not shewn that he acted in bad faith. (Cass. 3 June 1905; No. 13, II, p. 9.)

١٥٦ Railway train.—v. Train.

١٥٧ Recidivism.—A person found guilty of an attempt to commit a theft is not a recidivist within the meaning of art. 50 P.C. (Cass. 11 November 1905; No. 17, p. 10.)

١٥٨ Record of the sitting (Mention).—v. Cassation (Substantial nullity of procedure), 3°, 4°; Trial in camera.