535. In any proceeding under this chapter the Court may order the bill, Power to order bill hundí or note on which the suit is founded to be forthwith deposited with an officer of the Court, and to be deposited with may further order that all proceedings shall be stayed officer of Court. until the plaintiff gives security for the costs thereof. of every dishonoured bill of exchange or promissory note shall have the same remedies for the recovery of the expenses incurred in noting the same for nonacceptance or non-payment, or otherwise, by reason of such dishonour, as he has under this chapter for the recovery of the amount of such bill or note.

536. The holder Recovery of cost of noting non-acceptance of dishonoured bill.

Notarial expenses are generally in the nature of unliquidated damages, Rogers v. Hunt, 10 Ex., 474; but Reg. Gen. 1855 allows the amount to be endorsed on the writ, and they are recoverable by judgment under Keatings Act as if they were liquidated.

Procedure in suits under this chapter.

Application of

chapter.

537. Except as provided by sections 532 to 536 both inclusive, the procedure in suits under this chapter shall be the same as the procedure in suits instituted under chapter V.

538. Sections 532 to 537 (both inclusive) apply only to

(a) the High Courts of Judicature at Fort William, Madras and Bombay; (b) the Court of the Recorder of Rangoon;

(c) the Courts of Small Causes in Calcutta, Madras and Bombay;

(d) the Court of the Judge of Karáchi; and

(e) any other Court having ordinary original civil jurisdiction to which the Local Government may, by notification in the official Gazette, apply them.

In case of such application the Local Government may direct by whom any of the powers and duties incident to the provisions so applied shall be exercised and performed, and make any rules which it thinks requisite for carrying into operation the provisions so applied.

Within one month after such notification has been published, such provi sions shall apply accordingly, and the rules so made shall have the force of law. The Local Government may from time to time alter or cancel any such notification.

CHAPTER XL.

OF SUITS RELATING TO PUBLIC CHARITIES. 539. In case of any alleged breach of any express or constructive trust When suit relating the direction of the Court is deemed necessary for the created for public charitable purposes, or whenever to public charities may administration of any such trust, the Advocate be brought. General acting ex officio, or two or more persons having a direct interest in the trust and having obtained the consent in writing of the Advocate General, may institute a suit in the High Court or the District Court within the local limits of whose civil jurisdiction the whole or any part of the subject-matter of the trust is situate, to obtain a decree

(a) appointing new trustees of the charity:

(b) vesting any property in the trustees of the charity:

(c) declaring the proportions in which its objects are entitled:

(d) authorizing the whole or any part of its property to be let, sold, mortgaged or exchanged:

(e) settling a scheme for its management;

or granting, such further or other relief as the nature of the case may require.

The powers conferred by this section on the Advocate General may (where there is no Advocate General) be exercised by the Government Advocate or (where there is no Government Advocate) by such officer as the Local Government may appoint in this behalf.

PART VI.

OF APPEALS.

The word appeal,' from the Latin appellatio, calling to one, denotes the removal of a cause from an inferior to a superior court, for the purpose of testing the soundness of the decision by the superior court. Wharton.

With reference to this part of the Code, it will be remembered always that it is a gene ral principal of law, that no one is entitled to appeal unless the right to appeal is expressly given to him by law and when a man appeals, he must appeal under, and by virtue of, a particular section or particular sections of the Code, or of some other enactment.

Again: strictly, what may be appealed from is the decree or order of the court: not the judgment or general decision, or the finding upon a particular issue or question, or the findings upon particular issues or questions. See Shama Soonduree Debia v. Digumburee Debia and others, 13 W. R., 1.

CHAPTER XLI.

OF APPEALS FROM ORIGINAL DECREES. 540. Unless when Appeal to lie from all original decrees, except when expressly prohibited.

otherwise expressly provided in this Code or by any other law for the time being in force, an appeal shall lie from the decrees, or from any part of the decrees, of the Courts exercising original jurisdiction to the Courts authorized to hear appeals from the decisions

of those Courts.

Otherwise expressly provided.—As for example by Sec. 108? The decrees. That is, the decrees proper framed under Sec. 206. Decretal and other orders are provided for below.

Form of appeal. What to accompany memorandum.

541. The appeal shall be made in the form of a memorandum in writing presented by the appellant, and shall be accompanied by a copy of the decree appealed against and (unless the appellate Court dispenses therewith) of the judgment on which it is founded.

Such memorandum shall set forth, concisely and under distinct heads, the grounds of objection to the decree appealed Contents of memoagainst, without any argument or narrative, and randum. such grounds shall be numbered consecutively.

In the form.-Given in the IVth Schedule.

Of the judgment.-This is new. The object seems to be to enable the court to adopt the new procedure under Sec. 551.

Grounds of objection.-As for example that the lower court erred in holding that the suit was not barred by lapse of time under a specified law, or in rejecting a specified document as inadmissible in evidence, or in refusing to credit the testimony of a single witness, and the like. It will not be sufficient to state generally that the lower court wrongly decided the case, or misapplied the law. As the 'cause of action' must be stated in the plaint, so the 'grounds of objection' must be clearly set out in the memorandum of appeal.

On the 3rd August, 1871, the High Court made for itself the following rule of court, namely:-It shall not be sufficient in a petition or memorandum of appeal or memorandum of objections filed in an appeal to state as a ground of objection that the decision appealed from is contrary to law or usage, or that there has been substantial error or defect in the procedure or investigation of the case, or to the like effect: but the petition or memorandum shall set forth specially the error of law, breach of usage, or defect in procedure or investigation meant to be relied upon: and an appellant or respondent will not be permitted to raise at the hearing of the appeal any legal objection not so set forth.

Without any argument. This should be insisted upon. Native pleaders seem to be almost incapable of drawing a memorandum in the prescribed mode.

542. The appellant shall not, without the leave of the Court, urge or be heard in support of any other ground of objection, Appellant confined but the Court in deciding the appeal shall not be to grounds set out. confined to the grounds set forth by the appellant:

Provided that the Court shall not rest its decision on any ground not set forth by the appellant, unless the respondent has had sufficient opportunity of contesting the case on that ground.

This section has been very materially altered by the addition of the proviso, the precise force of which is not sufficiently apparent.

See the remarks of Phear, J., in Deen Dyal Paramanic v. Soorendra Nath Roy, 10 Suth. W. R., 77.

Without the leave of the court.-Which will be given cauIn any tiously, and as a rule, probably, only in exceptional cases. case the respondent must not be surprised.

In the High Court application to file a memorandum containing an additional ground of appeal must be made by petition ten clear days before the day of hearing; and when granted, ordinarily the appellant must serve a copy of such ground on the respondent eight clear days before such day, or he will not be heard in support thereof. Rules of the 3rd August, 1871.

Shall not be confined.-Notably it shall not in the case of a suit having been instituted after the period of limitation prescribed therefor. See Sec. 4 of the Limitation Act, 1877.

543. If the memorandum of appeal be not drawn up in the manner hereinbefore prescribed, it may be rejected, or be returned Rejection or amendto the appellant for the purpose of being amended ment of memoranwithin a time to be fixed by the Court, or be amended dum. then and there.

When the Court rejects under this section any memorandum, it shall record the reasons for such rejection.

When a memorandum of appeal is amended under this section the Judge, or such officer as he appoints in this behalf, shall attest the amendment by his signature.

Compare this section with Secs. 53 and 55.

May be rejected.-A memorandum of appeal must not be rejected' because it does not contain the particulars required by the Order of the High Court, dated 26th June 1867, which requires the quit-rent on lands in dispute to be stated. The utmost which the old rules justified was the non-receiving, and returning for amendment. Arabhi Seshachellam Appa Rau and others v. Ramaya, 6 H. C. R., 422.

One of several plaintiffs or defendants may obtain reversal of whole decree if it proceed on ground common to all.

544. Where there are more plaintiffs or more defendants than one in a suit, and the decree appealed against proceeds on any ground common to all the plaintiffs or to all the defendants, any one of the plaintiffs or of the defendants may appeal against the whole decree, and the appellate Court may reverse or modify the decree in favour of all the plaintiffs or defendants as the case may be.