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puted possession, Hereditary office,
Immoveable property, Mortgagee,
Muhammadan female, Wrongful dis-
possession.

Possessions of the Crown, 64.
Post, service by, 506.
Postage, payment of, 507.
Postcards, production of, 92.
Post-dating bills and notes, 1076.
Post-mortem examination, 124.
Post-office, production of letters in,
92, 93; exemption of officers of,
177.

Post-office Act, offences against, 129.
Postponement by magistrate of issue

of process, 136; of commencement of
inquiry or trial, 184; of execution of
sentence of death on pregnant
woman, 199; of execution sale, 414;
of hearing, 509; of sale of attached
property, 575, 576; of execution sale
of immoveable property, 585. See
Adjournment.

Pounds sterling, conversion of, 1058.
Power of attorney to appear, plead, or

act, 487, 488, 489; person holding
general, 488; by military man, 644;
presumption as to, 899; when exempt
from court-fee, 1020; defined, 1053;
stamp on, 1091; under Registration
Act, 1114. See Advocate, Mukhtár-
náma, Vakálatnáma.

Powers of criminal courts, 71-75.
Pre-emption, decree in suit to enforce

right of, 544; limitation for suits to
enforce rights of, 946, 962, 968, 977;
court-fee in suit to enforce, 1016.
Pregnant woman. See Commutation,
Postponement.

Preliminary inquiry by magistrate,
118.

Preliminary order in suits for accounts,

administration, and dissolution of
partnership, 543, 545; forms of,
778, 781.

Prerogative of foreign state, 424; of
Crown, 1005, note 6.

Prescription, law of, 940, 973, note 4,
975, note I.

Presentee may stamp bills, etc. re-
ceived unstamped, 1068.
Presenting documents for registration,

1113, 1114; wills and authorities to
adopt, 117, 1118.
Preservation of property subject of
suit, 656.

Presidency Magistrates, 3; courts of,
68; benches of, 69; offences triable
by, 71, 128-129; sentence by, 72;
direction of warrants of arrest, 86;
may issue search-warrants, 93; may

disperse unlawful assembly, 105;
examination of complainant by, 136;
need not record certain reasons, 139,
140, 182; record of evidence by,
192; form of judgment of, 195;
appeal from sentence of, 209; may
refer questions of law to High
Court, 214; may state ground of
decision, 218; contempts of authority
of, 235; may examine witness under
commission, 243-244; may order
prisoner to be brought up for ex-
amination, 258, 259; may compel
restoration of abducted females, 261;
may award compensation for ground-
less arrest, 261. See Chief Presi-
dency magistrates, Disputed pos-
session, Maintenance, Security, Wit-

nesses.

Presidency Small Cause Courts, fees

chargeable in, 1013; Presidency S. C.
Courts Act, 471.
Presidency towns, police in, 60, 76, 81,
105, 261; defined, 62; to be 'dis-
tricts,' 65; justices of the peace for,
70; commission for examination of
witnesses in, 243; service within,
505; excluded from Civ. Proc. Code,
c. 20, as to insolvency, 1150. See
High Court, Presidency magistrates.
Presumption, from refusal of accused to
answer, 183, 914; as to genuineness
of certified copies, 897; as to docu-
ments produced as records of evidence,
898; as to gazettes, newspapers, pri-
vate Acts of Parliament, and docu-
ments required by law to be kept, 898;
as to official character, 898, 899;
documents admissible in England
without proof of seal or signature,
899; maps or plans made by au-
thority of Government, 899; collec-
tion of laws and law-reports, 899;
powers of attorney, 899; certified
copies of foreign judicial records,
900; books and published maps and
charts, 900; telegraphic messages,
900; due execution, etc. of docu-
ments not produced after notice, 900;
documents thirty years old produced
from proper custody, 901; as to
appointment of public officer, 902;
as to absence of circumstances bring-
ing offence within exceptions, 910;
as to ownership of person in pos-
session, 912; of existence of facts
likely to have happened, 913; from
refusal of witness to answer, 914,
928; as to stamping of instrument,
1058. See Adoption, Benámí pur-
chase, Burden of proof, Conclusive

evidence, Family custom, Foreign
judgment, Foreign law, Government
revenue, Hindú family, Hindú
widow, Idol, Inference, Interlinea-
tions, Rape, Res judicata, Revenue,
Tenure.

Preventive action of police, 115.
Previous acquittal, bars subsequent pro-
secution for same offence, 205; how
proved, 245.

Previous conviction, 19; of British

subject for offence committed in
Native State, 130, 131; when set out
in charge, 143; procedure in case of,
173; bars subsequent prosecution
for same offence, 205; how proved,
245; always relevant, 829, 886; of
witness, 929.

Previous statements in writing, cross-
examination as to, 926.
Price of goods, trees, growing crops,
limitation of suits for, 983.
Price of work, suit for, 977, 983.
Priests, exempt from service as jurors,
177; confessions to, 837.

Primary evidence of contents of docu-
ments, 890.

Princes, suits against, 1152.

Principal and agent, order in suit for
account between, 545; burden of
proving non-existence of relation of,
912; limitation for principal's suits
against agent, 987. See Account,
Agent, Factor, Master.
Principal and surety. See Surety.
Printing, 890, 896, 897.

Prison, inspection of lunatic in, 229; ap-

pointment of, 258. See Jail, Jailor.
Prisoner, may present petition of appeal
to jailor, 210; which is exempt from
court-fee, 1022; presidency High
Courts' power to order production or
release of, 238; service of summons
on, 505; need not appear before
registering officer, 1114, 1117. See
Lunatic, Presidency magistrate.
Prisoners of war, suits by, 635, note 1.
Private alienation of property after
attachment, 574, 575.
Private documents, 896.
Private persons, arrest by, 82.
Privileged, defendant, 399, 506, 709;

documents, 519, note 6; communica-
tions, see Witnesses.

Privileges of judges and magistrates,
918, 919.

Privy Council. See Queen in Council.
Prize courts, appeals from, 699.
Prize money, 436, note I.

Probate, relevancy of judgment of,
880; court-fee on, 1033; relief as to

court-fee paid thereon, 1022, 1023;
penalty where too low a court-fee
has been paid on, 1024; when ex-
empted from court-fee, 1021.
Proceedings. See Miscellaneous pro-
ceedings.

Process to compel appearance, 84-91;
civil process, service of, 488, 502,
507, 707. See Agent, Attorney,
Collector, Notice, Pleader, Summons.
Process-fees, 507, 1025, 1026. See
Postage.

Processes. See Mechanical processes.
Proclaimed offender, information of,
77; arrest of, 80.

Proclamation, for person absconding,
88, 89; for removal of nuisance, 108;
for claimants to property seized by
police, 250; form of, 347, 348; of
execution sale, 414, 577, 578; how
made, 579; how proved, 897.
Proctor, judicial notice of, 888.
Production of documents, 9, 501; on
which plaintiff sues, 499; during
suit, 519; of witnesses, 502.
Document.

Fee

Professional communications, 920.
Profits, à prendre, 959, note 3. See
Mesne profits, Nett profits, Partner-
ship.
Prohibitory orders, in case of attach-
ment of immoveable property, 90,
574; in case of attachment of move-
ables, 570, 573, 574; in case of de-
livery of moveables sold in execution,
584; forms of, 784, 785, 786, 789,
790.

Prolixity of written statements, 514.
Promise by police to accused, 118, 119,
184, 870. See Confession, Pardon.
Promissory note, deposit of govern-
ment, in lieu of bail, 246; parties to
suit on, 484; defined, 960; limitation
for suits on, 684, 985, 986; stamp on,
1080. See Negotiable instrument,
Protest.

Proof, of debts of judgment-debtor, 608;
of documents, 523.
'Proper court,' 1004.

Property, connected with offence, for-
warding of, 142; disposal of, 248-
251; trial of persons previously con-
victed of offences against, 187; re-
stricted to property in British India,
478; of insolvent, 420; comprised in
order under Code of Criminal Pro-
cedure, c. 40, 982. See Confiscation,
Destruction, Disposal, Dispossession,
Disputes, Extinguisher, Forfeiture,
Immoveable property, Moveable pro-
perty, Muhammadan law, Perishable

property, Perversion, Restoration,
Sanction, Stolen property, Suspicious
property, Theft, Trespass.
Prosecution, who must institute, 135;
who may conduct, 240; costs of,
259; by registering officers, 1131;
under Stamp Act, 1077. See Dis-
charge, Expenses, False, Limitation,
Malicious prosecution, Opening case,
Sanction, Withdrawal.
Prosecutor, private, 240; public, see
Public prosecutor.
Protection, of magistrate, etc. using
force in dispersing assembly, 106;
of witnesses, 408; of registering
officer, 1132.

Protest attesting dishonour of bill or
note, stamp on, 1091; by master of
ship, stamp on, 1092; stamp on note
of, 1089.

'Proved,' defined, 853.
'Province,' defined, 62.
Provincial Courts of Small Causes, parts
of Civil Procedure Code extending
to, 715, 716.

Provincial expressions, 907.
Proxy, stamp on, 1092.
Public, to give information and aid to
police and magistrates, 76; order
prohibiting certain nuisances may be
directed to, 112. See Affray.
Public auction, execution sale by, 577.
Public books, registers, and records,
entries in, 878.

Public charities, suits relating to, 431,
671.

Public documents, defined, 895; cer-
tified copies of, 896; how proved,
892, 896, 897. See Presumption,
Records, Secondary evidence.
Public festivals, judicial notice of, 888.
Public interest, opinion as to matter of,
874; books referred to for informa-
tion as to matter of, 900.
Public notice, prosecution for certain
offences against, 133; procedure in
cases mentioned in sec. 195, 231.
Public nuisances, II; conditional order
for removal of, 107; order not to
repeat or continue, 111; is not open
to revision, 215; unauthorised issue
of order regarding, 254,
Public officers, suits against, 424, 676;
defined, 468; attachment of property
in custody of, 572, 573; commission
for examination of, 622; service of
summons on, 633; arrest of, 634;
may be exempted from appearing,
634; execution of decree against,
634, 635; no security for restitution
of property taken in execution,

675, 676; privilege of, 919; exemp-
tion of salary of, 1148. See Govern-
ment servant, Notice, Public ser-
vant, Security.

Public place, defined, 108.

Public property, injury to, public to
aid in preventing, 76; arrest to pre-
vent, 115.

Public Prosecutor, 30; defined, 62;
to conduct prosecution before court
of session, 161; directed to appeal
in case of acquittal, 210; heard in
appellate court, 211; power to ap-
point, 239; may plead in any court,
239; withdrawal from prosecution
by, 239, 240; to have notice of
application for transfer, 252.
Public records, relevancy of entry in,
878. See Public document.

Public right or custom, opinion as to,
874.

Public servants, service of summons
on, 85; prosecution of, 135; con-
cerned in sales under Criminal Pro-
cedure Code not to purchase, 263;
entry made by, 878; presumption as
to appointment of, 902; official com-
munications to, 919; exemption of
bonds for due execution of office of,
1096; registering officers to be, 1132;
registration of documents executed
by, 1133. See Indemnity, Official
oaths, Protection, Sanction, Seals.
Public utility, 1095.

Public worship, 474, note 3.
Punishment, judgment to specify, 194.

See Commutation, Death, Enhance-
ment, Fine, Imprisonment, Remis-
sion, Solitary confinement, Trans-
portation.

Purchaser, his suit for possession, 994.
See Innocent Purchaser, Sale.
Pursuit of offenders, 82.

Quashing commitments, 140, 255.
Queen. See Crown, State offences.
Queen in council, criminal appeals to,
207, note 2; appeals to, 435, 692-
699; when they lie, 692, 693; peti-
tion for leave to present, 693, 694;
certificate as to value or fitness, 694;
admission of, 695; powers of court
pending, 696; procedure to enforce
orders of, 697; application for ad-
mission of appeal to, 1001; appli-
cation to enforce order of, 1005.
See Admission, Certificate, Order,
Rules.

Queen's printer, orders, proclamations,
etc. printed by, 897; private act
printed by, 898.

Question of fact, respective duties of
judge and jury as to, 169, 170.
Question of law, judge's duty as to,
169; appeal on, 210; reference of,
by presidency magistrate, 214; by
judge of High Court, 214, 215. See
Second appeal, Special case.
Questioning jury, 171.

Questions for court executing decree,

556. See Criminating questions, In-
decent questions, Insulting questions,
Mesne profits, Offensive questions.
Quetta, 810.

Race. See American, European, Euro-
pean British subject, Hindú, Muham-
madan, Native.
Railway, injury to, 76.

Railway Act, offences against, 128.
Railway company, service of summons

on servant of, 85; attachment of
salary of servants of, 571, 1148.
Railways in Native States, acts in
force in, 373, 810, 849, note 2, 958,
note 1, 1103, note 1.
Rajputána, acts in force in, 373, 810,
849, note 2, 1012, note 1, 1050,
note 1, 1103, note 1.
Rangoon, service of process within, 505.
Rank, provisions as to persons of, 506,
709, 1114, 1117. See Personal ap-
pearance, Privileged persons, Parda-
nishíns.

Rape, presumption as to, 835.
Rashness, relevancy of fact showing,
862.

Rate of exchange, 698, 1058.

Rateable division of assets, 415; of

proceeds of execution-sale, 581, 582.
Re-admission of appeal dismissed for
default, 679; dismissed for want of
prosecution, 1000.

Re-arrest. See Escape.

Recall of witnesses, when charge altered

by court, 146; in civil suit, 538,1146.
Receipt, on return of document admitted
in evidence, 524; for purchase-money

of moveables sold in execution, 583;
of produce of mortgaged land, 971;
for document presented for regis-
tration, 1121; defined, 1053; obli-
gation to give stamped, 1074, 1076;
evading duty on, 1076; stamp on,
1092; exemption of, 1096, 1097.
See Pay.

Receiver, for management of property
of person absconding, 89; in in-
solvency, 419; of property of insol-
vent judgment-debtor, 608; effect of
order appointing, 609; to give se-
curity and collect assets, 609; duty of,

609; remuneration of, 610; neglect-
ing to continue suit, 617.
Receiver of property in suit, appoint-
ment of, 428, 429, 658, 659; com-
mission and powers of, 658; liabili
ties of, 659; collector when ap-
pointed, 659; courts empowered to
appoint, 659; appeal from orders
as to, 690; form of appointment of,
802; form of bond given by, 803; of
High Court, registration of docu-
ment executed by, 1133.

Receiver of stolen property, residence
of, 77.

Recital of fact in acts or notifications,
879.
Recognisance, limitation for suit upon,

992; exempt from court-fee, 1021.
See Arrest, Bail, Bond, Deposit.
Recognised agent, defined, sec. 488;
appearances, etc. by,487,488; service
of process on, 488; for Government,
632; for princes and chiefs, 636;
when exempt from arrest, 702. See
Agent.

Re-conveyance of mortgaged property,

1092.

Recorder of Rangoon, 129, 471, 578,
699.

Recording evidence, 189, 190, 191, 192,

193, 194; admitted documents, 1145.
Records in summary trials, 159, 160;
of inferior criminal courts, power
to call for, 215; power to make rules
for inspection of, 261, 262; power of
civil court to send for, 403, 522;
by registering-officers of substance
of statements, 1125. See Confession,
Deposition, Entry, Evidence, Me-
morandum, Narrative, Public docu-

ments.

Recovery of a wife, enforcement of
decree for, 563, 564,

Redemption, place of suing for, 477;
form of plaint in suit for, 761; court-
fee in suit for, 1016. See Mortgage,
Mortgagor.

Reduction of bail, 241; of court-fees,
1029; of stamp-duty, 1055.
Re-examination, 925; of witness who
has departed, 1146.

Reference of questions of law, 26;
by Presidency Magistrate to High
Court, 214; to arbitration, 429, 660;
of questions to High Court, 437, 700,
701; of cases under Stamp Act,
1068,1069. See Confirmation, Special

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INDEX.

Refund, of legacy or assets, suits for,
982; of court-fee paid on memo-
randum of appeal, 1019; on applica-
tion for review of judgment, 1019;
of excess court-fee on probate or
letters of administration, 1022, 1023;
of penalty paid under Stamp Act,
1065. See Allowance, Negotiable
Instrument.

Refusal, to give name and residence to
police, 81; to plead, 161; to give
evidence, 406; to accept service,
503; to answer interrogatories, 517,
518; of party to give evidence, 534;
to allow applicant to sue as pauper,
630, 631; of arbritrator or umpire,
661; to register, 1127-1130.
Register, of summary trials, 159; of
suits, 498, 558; form of, 770; of
appeals, 676; form of, 806; of second
appeals, 808; of collector's office,
extract from, 554.
Register-books, 1121.
'Registered,' 960.

Registered contract, suits for breach
of, 991.

Registering officers, exemption of, 1132.
Registrar, when deemed a civil court,

233; of chartered High Court, 708,
1133; of Small Cause Courts may
state cases, 711; of district, 1105;
registration by, 1113; special duties
of, 1125; superintendence by, 1126.
Registration of documents, repealed
enactments relating to, 1008; of
documents optionally registrable,
II20. See Register, Will.
Registration Act, 1103-1134; objects
of, 1006; contents of, 1099-1102.
Regular appeals, 434, note 3.
Re-hearing, 438; on application of
respondent, 679; by court of review,
706; of appeal heard ex parte, 1000.
Rejection, of plaint, 196, 497, 1143; of
written statements, 514, 515; of
inadmissible documents, 523; of ap-
appeal for failure to furnish security,
677; of application by pauper, 629;
of memorandum of appeal, 674.
Relationship, statement as to, 874,
875; opinion as to, 885.
Release, of persons imprisoned for fail-
ing to give security, 103, 104; of
accused when evidence deficient,
121; of appellant on bail, 213; on
bail, 241; from attachment, 532,
533; of property from attachment,
576; of judgment-debtor on pay-
ment, 601; of judgment-debtor un-
able to pay amount of money-decree,
1138; of judgment-debtor on ground

1215

of illness, 1139; stamp on instru-
ment of, 1093; by whom payable,
тоб.
Relevancy, sections of Evidence Act
on, 819; Mr. Whitworth's rules as to,
820; Sir J. Stephen's definitions of,
820, 821; of facts, 853-886; judge
decides questions as to, 169. See
Conduct,
Admissions, Character,
Course of business, Custom, Damages,
Good faith, Identity, Intention, Mo-
tive, Negligence, Opinion, Rashness,
Right, Statement.

'Relevant,' 851, and notes 2 and 3.
Religion. See Ministers, Priests.
Religious, endowments, 672, note 4;
feelings, wounding, compoundable,
185; foundation, opinions as to, 884;
rites, 474.

Relinquishment of part of claim, 490–
494.

Remainderman, limitation for suit for
possession by, 995.

Remand of accused person, 184; of
case by appellate court, 680, 681;
order for appealable, 690.

Remission of sentence, 23, 204; of
punishment, 202, 205; in case of con-
tempt, 233; of court-fees, 481, 1029;
of stamp-duty, 1055; of penalties
under Stamp Act, 1067. See Com-
mutation, Pardon.

Remitter of award, 663.
Removal of judges, magistrates, and
justices of the peace, 71; of judge
before conclusion of suit, 537; of
attachment before judgment, 653.
Rent, execution of decrees for, 569;
right of party paying, in respect to
saleable tenure, 657; suit for arrears
of, joined with suits for land, 491;
limitation for suit for, 990; suit for
abatement of, 1017; notice of en-
hancement of, 1021; application to
deposit, 1038.

Rent-free land, limitation of suits for
resuming or assessing, 993.
Rent-suits, summary character of, 1135.
Re-payment of court-fee paid on com-
plaint, 1028.

Reply by party beginning, 535.
Report by officer in charge of police
station, 117, 123; by subordinate
police officer, 121; of chemical ex-
aminer, 245; of seizure by police,
253; of commissioner for local in-
vestigation, 625; of commissioners
to make partition, 626. See Copy.
Reports of rulings of foreign courts,

879.
Representative, presentation of docu-

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