Where a man has by will placed his children by one wife under the guardianship of their mother, this guardianship does not extend to a posthumous child by another wife. The appointment by the Cadi of another guardian for this child is valid. (Sum. Trib. Abdine, 8 December 1902; No. 43, p. 36).

The decree of 19 November 1896 having fixed the age of majority at eighteen, a minor who has not reached this age cannot obtain the withdrawal of guardianship on any ground whatever. (App. 25 November 1902; No. 70, p. 62).

v. Cassation (Substantial nullity of judgment), 6° III.

Hard labour must be included in all sentences to imprisonment for theft and vagabondage by virtue of paragraphs 2 and 3 of Art. 44 P.C. (Modified by the Decree of 9 February 1901). Nothing, therefore, contained in Article 352 P.C. relating to extenuating circumstances, can justify a judge in omitting to sentence to hard labour in these two cases. (Cir. No. 2, 22 January 1903; No. 56, p. 48).

v. Wakf, 3°.

v. Sale by licitation.

v. Physician.

v. Appeal (Time for), 1°.

v. Gaming.

v. Hard labour (Imprisonment with—).

١ The plaintiff in improbation cannot be required to include in his statement of grounds evidence as to the circumstances in which the defendant obtained possession of objects employed in the alleged forgery. It is sufficient if he shews how the forgery was committed. (App. 3 February 1903; No. 83, p. 70).

٢ v. Continuing offence; Document (Private—Denial of authenticity of—); Document (Official—); Incidental claim; Res judicata, 2°.

v. Cassation (Substantial nullity of judgment), 4°.

v. Prescription (Acquisitive), 2°.

After giving judgment upon an incidental claim such as the improbation of a document, a Tribunal of First Instance must not immediately proceed to give judgment upon the merits of the case if the parties have not yet put in their pleadings. The Court of Appeal, however, is possessed of full powers wherewith to rectify all mistakes made on matters of procedure or on the merits of the case by the Tribunal of First Instance, and should therefore appoint a day for the hearing of the parties on the merits of the case and not send them back to the Tribunal of First Instance. (App. 23 December 1902; No. 62, p. 55).

v. Cassation (Substantial nullity of procedure), 2°.

v. Promissory note to order.

v. Investigation.

v. Cassation (Substantial nullity of procedure) 6°.

v. Cassation (Substantial nullity of procedure), 3°.

v. Slander.

١ I.—The publication of an Elam of interdiction pronounced by a religious council of the Orthodox Copts is not necessary on pain of nullity. The omission, therefore, of such publication does not render valid the contract made by the interdicted person after his interdiction. II.—It is not necessary for the validity of an Elam of interdiction that it should be pronounced in the presence of the person interdicted nor that he should be served with a notice of the Elam in any special manner. It is sufficient that he should have knowledge of such Elam. III.—Where a sale has been concluded by an interdicted person subsequently to his interdiction the contract is null and void independently of the question whether the sale was or was not advantageous to his interests, unless it has been ratified by the judge of his personal law. (Trib. Assiout, 23 Sept. 1901, No. 65, II, III, IV, p. 55).

٢ v. Prescription (Acquisitive), 2° (Note).

v. Jurisdiction of Native Tribunals, 2°.

v. Usury.

v. Appeal (Admissibility) 2°; Cassation (Grounds), 3°.

v. Prescription (Extinctive, Interruption of—); Prescription (Interruption).

١ An investigation ordered by a Court must be carried out before the Court ordering it or by a judge delegated ad hoc by the Court (Art. 183 C.C.C. Pr.). This rule is applicable in penal affairs. Consequently the Court, before which an accused calls witnesses for his defence, may not order the Parquet to hear them. (Trib. App. Kena, 22 December 1902; No. 50, p. 47).

٢ v. Expert.

v. Cassation (Substantial nullity of procedure), 6°.

v. Cassation (Substantial nullity of procedure), 3°; Counsel (Absence of accused's—).

v. Reconciliation (Procès-verbal of—); Taxing Order.

v. Abandonment of judgment).

v. Cassation (Substantial nullity of procedure), 4°.

v. Res judicata, 1°.

v. Res judicata, 2°.

v. Cassation (Substantial nullity of procedure), 1°.

v. Cassation (Grounds); Cassation (Substantial nullity of judgment); Recidive, 3°.

١ Since a judgment given against a party not validly represented in the case has no force against such party, its notification to the person who has appeared in the case as his representative having no authority for that purpose is without effect as regards the party so condemned and in particular cannot be considered as the starting point of any legal delay against him. (App. 12 December 1901; No. 19, II, p. 12).

٢ v. Appeal (Admissibility of—) 1°; Appeal (Time for—) 2°, 3°, 4°.