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-
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.
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,
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-
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
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
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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