Abandonment of part of claim, p. 618.

See Omission, Relinquishment.
Abatement, of criminal appeals, 26,
214; of suit, when not caused by
death of party, 613; where no appli-
cation by representative of deceased
plaintiff, 614; not caused by marriage
of female party, 616; when not by
bankruptcy or insolvency, 617; bars
fresh suit, 617; application to set
aside order for, 617, 1000; appeal
from order as to, 689.
Abducted females, power to compel
restoration of, 261.
Abduction, prosecution for, 135.
Abetment, jurisdiction to try, 127;
when triable summarily, 158; when
compoundable, 186; of offence under
Registration Act, 1131.
Absconder, attachment of property of,

89. See Arrest, Proclamation, Re-
ceiver, Restoration, Sale, Warrant.
Absconding, accused person, proclama-
tion for, 88; warrant to arrest, 91;
evidence in absence of, 246; witness,
88-91, 406, 531, 534, 689. See De-
position.

Absence of complainant, 153, 157; of
juror, 164; of assessor, 165; of ac-
cused, trial in, 246; of witness, 623
(see Commission); from British India,
exclusion of defendant's, 966; of
registrar, 1106; of sub-registrar,
1107.

Abstention from criminal proceedings,
1166.

Abusive language, suit for, 628.
Acceptance, letter of, 1166.
Acceptor of bill, estoppel of, 916.
Accession of sovereign, judicial notice
of, 888.

Accessory before and after fact, 377,
378.

Accident, inquiry into death caused by,

124, 866; evidence on question as to,
866; instrument unduly stamped by,
1066.

Accommodation bill, 986.

Accomplice, tender of pardon to, 181;
effect of confession by, 872; pre-
sumption as to, 913; a competent
witness against accused, 923; cor-
roboration of, 913, and note I.
Account between principal and agent,

545.
Account-books, production of, 499,
1145; exempt from attachment, 568;
entries in, when relevant, 877.
Account stated, limitation for suit on,
984.
Accounts, commissions to examine, 422,
625; orders to take, 467, 543, 545,
778, 781; suits for, 494, 543, 545;
of representative of deceased judg-
ment-debtor, 553; of receiver, 659;
limitation for suits for, 987; court-
fee in suits for, 1014.
Accusatory system, 35.
Accused, his right to be defended, 183;

when unable to understand proceed-
ings, 183; when he may be examined,
183; detention of, 188; oath not
administered to, 938; recording ex-
amination of, 193. See Abatement,
Absconding, Acquittal, Adjournment,
Application, Arrest, Attendance,
Bond, Commitment, Confession, Con-
viction, Custody, Death, Defence,
Detention, Discharge, Evidence, Ex-
amination, Illness, Judgment, Lu-
natic, Plea, Police, Release, Remand,
Retrial, Statement, Summons, War-
rant, Witness.

Acknowledgement in writing, of receipt
of goods, etc., 874; effect of, on limita-
tion, 969, 970, 1173; of debt, stamp
on, 1078; of service of summons, 84,
503; of receipt of copy of objection,
1154. See Receipt.
Acquisition of ownership by possession,
973-975.

Acquittal, on trial of summons case,
153; on trial of warrant case, 157;
appeal from judgment of, 25, 210,
998; by High Court of persons sen-
tenced to death by court of session.

197; transaction amounting to, 206,
note I; arrest of accused on appeal
from, 213; proof of previous, 245.
See Appeal, Arrest, Compensation,
Compounding, Discharge, Entry, Lu-
nacy, Non-appearance, Previous ac-
quittal, Verdict, Withdrawal.
Action.

See Cause of action.

Acts, of executive government, proof of,
896; judicial notice of legislative,
887; statements in recitals contained
in, 879; proof of legislative, 896; of
State, 391.

'Addition,' defined, 1104, 1159.
Addition, of plaintiff, 484; of parties,
485; of issues, 526.

Additional evidence where sentence

of death passed by Court of Ses-
sion, 197; in appellate court, 682,
683.

Additional powers of magistrates, 74,
75, 344-6.

Additional Sessions Judges, 66; appeal
from, 209; cases triable by, 132;
sentence by, 72.

Adhesive stamps, 1056; failure to can-
cel, 1075.

Adjourned sitting, jurors and assessors
to attend at, 167.

Adjournment of trial in case of new or
altered charge, 146; of trial of sum-
mons case, 153; attendance of jury

ог

assessors after, 167; of enquiry
or trial for attendance of witness,
184; for return of commission, 245;
on application for transfer of crimi-
nal case, 252; of suit at first hearing,
507, 509; failure to appear after,
508, 529; on pleader refusing to an-
swer, 515; for production of evi-
dence, 528; of hearing of suit, 405,
528, 529; costs of, 529; reasons for,
529; of execution-sale, 579, and note
5; of hearing of appeal, 679. See
Postponement.

Adjudication as to stamps, 1061.
Adjustment of decree, 563, 1148; of

suit, 618, 619. See Compromise,
Withdrawal.

Administration of justice, procedure in
case of offences affecting, 231-235.
Administration of oath of declarant,
539.

Administration-bond, court-fee on, 1040;
stamp on, 1078.
Administration suit, 543, 544; forms of
plaint in, 757-759; forms of decree
in, 778-780.

Administrator, suits by and against,
425, 638, 979; may sue as a pauper,
628, note 2.

commission, 244; of deposition of civil
surgeon and of report of chemical ex-
aminer, 245; of evidence taken in
absence of accused, 246; relaxation
of rules as to, 833; not defined in
Evidence Act, 858, note 4; judge to
decide on, 923.

Admission, to police, 118; in summons
case, 152; to bail, 241; of docu-
ments, 402, 523; by defendant, 509;
of genuineness of document, 518;
of appeal to Queen in Council, 695 ;
of affidavits as evidence, 712; defined,
867; by party or his agent, 867; by
suitor in representative character,
867; by partner or co-contractor,
867, note 4; by party interested
in subject-matter, 868; by person
from whom party has derived inter-
est, 868; by persons whose position
must be proved as against party to
suit, 868; by persons expressly refer-
red to by party to suit, 868; proof
of, 868, 869; made upon condition
or under agreement, 870; may estop,
873; of existence, condition, or con-
tents of document, 870, 892; of ex-
ecution by party to attested docu-
ment, 894; of execution, 1116; of
receipt, endorsement of, 1123; of in-
strument not duly stamped, 1064. See
Confession, Estoppel, Statement.
Adoption, presumption as to, 836;
statements as to, 874, 875; suit for
declaration as to, 991; court-fee on
plaint etc. in suit to set aside, 1041.
See Authority.

Adoption-deed, stamp on, 1078.
Adult male member of family, service
on, 84.

Adultery, prosecution for, 135; com-
poundable, 185; disentitles wife to
maintenance, 236.

Advantage under void agreement, 1167.
Adverse possession, 995, note 9.
Advertisement, of institution of suit,
485; stamp on receipt by, 1053.
Advocate, included in pleader,' 63;
may act without written authority,
489; judicial notice of, 888; stamp
on entry of, 1084; instructions to,

1172. See Barrister Legal Prac-
titioner, Pleader.
Advocate-general, defined, 62; may stay
prosecution, 180; may conduct pro-
secution, 240; may apply for transfer
of criminal case, 252; may exhibit
informations, 380; may enter nolle
prosequi, 380; may institute or con-
sent to suits relating to public
charities, 672. See Government ad-

vocate.

Affairs of state, evidence as to, 919.
Affidavits, to prove service of summons
outside jurisdiction, 85; on applying
for transfer of criminal cases, 252;
under Cr. P. Code, swearing of, 257;
in civil suits, 408, 409; in answer to
interrogatories, 518; in case of ap-
plications to inspect documents, 520;
to send for record, 522; to issue com-
mission, 622; to appoint guardian ad
litem or next friend, 641, 642; to dis-
miss minor's suit, 641, 642; to arrest
or attach before judgment, 649, 651;
power to order fact to be proved by,
538; cross-examination upon, 539;
to what matters confined, 539; costs
of, 539; rules as to admission of,
712; Indian law as to, 833, 834;
collector may call for, 1062; stamp
on, 1078; when exempt from stamp
duty, 1095. See Oath.
Affirmations, before whom made, 257;

of witnesses, 408; authority to
administer, 937; by natives or per-
sons objecting to oaths, 938; forms
of, 938; administration of, 939;
refusal to make, 939; omission to
make, 939. See Affidavit, Oath.
Affray, public to aid in suppressing, 76;
temporary injunction in case of, 111.
Age of juror, 163.

Agent, of land-owner, to give informa-
tion, 77; of accused cannot call for
police diary, 123; his right to compel
principal to interplead, 427; to re-
ceive process, 488, 489; service on,
502, 503; of government, service
through, 506; suit for account between
principal and, 545; interpleader-suit
by, 647; estoppel of, 836; admissions
of, 841, 867, note 4; limitation for
suits by principal against, 987; stamp
on note of purchase of goods sent by,
1089; of Prince or Chief, 1153. See
Mukhtár, Pleader, Political agent,
Principal, Proxy, Recognised agent.
Aggregate sentences, 74.
Agreement to refer to arbitration, 430,
665; on statement of question in
form of issue, 526; to give time to

judgment-debtor, 562; for satisfaction
of judgment-debt, 562; stating case
for Court's opinion, 667, 668; court-
fee, 1039; to admit facts at hearing,
889; varying terms of document,
908; stamp on, 1078, 1079; to lease,
registration of, 1104, 1108.
Agriculturists, 568; Loans Act, 1109.
Aid, to magistrates, police, etc., 76.
Air, acquisition of easement of, 973-
Akalkot, 373, 810, 850.

Alienage, objection to juror for, 163.
Alienation, after attachment, 575; in-
stead of execution-sale, 585; by
collector, 591, 593; by judgment
debtor, 596; by pauper, 629; by
Hindú or Muhammadan female, 992.
See Ancestral property, Assignment,
Conveyance, Injunction, Transfer.
Aliens, suits by, 424, 635.
Allegations, from which issues may be
framed, 525.

Allowance, for subsistence of judgment-
debtor, 603; omission to pay, 604;
for spoiled stamps, 1070; for misused
stamps, 1072.
Allowances of sepoys, exempt from
attachment, 569; exempt from exe-
cution, 1148.

Alteration of charge, 146; of judgment,
195; in allowance to wife or child,
237; of decree, 410; of decree of
Court making reference, 701; of
instrument produced in evidence,
835; presumption as to, 900, note 5,
1164.

Alternative charge, 150; judgment, 195.
Ambassador, suit against, 636, 1152.
Ambiguous language, 906.
Amendment of charge, 146; of verdict,
171; of record, 218; of plaint where
defendant added, 487; of plaint, 493,
496, 1143; of written statements,
514; of issues, 526; of decree, 541;
of application for execution of decree,
557; of memorandum of appeal,
674.

Amendments of Criminal Procedure
Code, 36; of Civil Procedure Code,
440, 1136-1158; of Evidence Act,
821; of Limitation Acts, 946–951,
1158; of Registration Act, 1157-
Americans, jury for trial of, 225, 226;
criminal proceedings against, 27,
219-226.
Ámíns, 422, 423, note 3.

Amount of bail-bond, 241.

Security.

See Bail,

Analysis. See Chemical examiner.
Ancestral property, suit to set aside
Hindú father's alienation of, 992.

Animal, inquiry into death caused by,
124; provision for maintaining, 1168.
See Bull.

Annuities, plaint in suit on bond for,

726; court-fee in suits for, 1014;
stamp on instrument securing, 1059.
Annulment of conviction by Sessions
Court, 197; of execution-sale, 587,588.
Answer to police-officer making in-
vestigation, 118; of jury to Judge's
questions, 171; of accused, 364;
summons to appear and, 500;
pleader's refusal or inability to, 515;
to interrogatories, 518, 521; on be-
half of Government, 633.
Apology, discharge of offender making,
233, 234.

Apparel, exempt from attachment, 568.
Appeal, limitation for criminal, 25;
by person sentenced to death by
Sessions Judge, 196; from judg-
ment of criminal court, 23, 24, 25,
207; from order requiring security
for good behaviour, 207; from order
rejecting application for delivery of
property, 207; grounds of, 210;
petition of, 210; summary rejection
of, 211; notice of, 211; powers of
appellate court in disposing of, 211;
from conviction in contempt case,
234; from orders on forfeiture of
bond, 247; on subject of costs, 410,
411; from order awarding costs,
546; memorandum of, 674 ; by one of
several plaintiffs or defendants, 674,
675; from original decrees, 432, 673-
687; from decrees on award of arbi-
trators, 665; when included in 'suit,'
686, 1155; from original decrees ex
parte, 1153; dismissal of, 1154;
from orders generally, 688-690, 1173;
from orders in execution of decree of
another court, 549; from orders as
to claims to share proceeds of im-
moveable property, 593; from orders
admitting review of judgment, 705;
by paupers, 691; to Queen in Council,
692-699; from vice-admiralty courts,
699, note 2; form of decree on, 807;
limitation for, to District Judge, 998;
to High Court, 998; from sentence
of death by Sessions Judge, 997;
included in 'suit,' 1155. See De-
fault, Delay, Dismissal, European
British subject, Execution, Memor.
andum of appeal, Pauper, Security.
Appearance, process to compel, 84-91;
before Sessions Court or High Court,
141; before court of revision, 218;
of parties, 399, 507; of one party for
another, 487; summons requiring,

500; in person, 501, 506; time for,
505; dismissal of suit for want of,
508; by plaintiff only, 508, 509; by
defendant after adjournment, 509;
in person, exemption of public
officers from, 634; of appellant and
respondent, 678, 679; women when
exempt from personal, 709; power to
exempt from, 709; before registering
officer, 1115; of executants and
witnesses, enforcement of, 1117. See
Attendance, Ex parte, Witness.
Appellant, entitled to hearing, 211;
notice of appeal to be given to, 211;
release of, on bail, 213; abatement
on death of, 214; confined to grounds
set out in his memorandum, 674; his
right to begin and reply, 678; when
included in 'plaintiff,' 686, 1155. See
Appeal, Bail, Notice.

Appellate court, criminal, its powers in
disposing of appeals, 211; judgment
of subordinate, 212; may take ad-
ditional evidence, 213; finality of its
orders, 214; may modify, etc. order
for disposal of property, 249; may
award compensation out of fine, 259;
transfer of suits by civil, 481; powers
and duties of, 674-686; transmission
of papers to, 677; execution of decree
of, 687. See Acquittal, Decree,
Judgment, Revision.

Appellate decrees, appeals from, 687,
688.

Application of language, evidence as
to, 907.

Application for appointment of jury in
nuisance-cases, 108; by E. B. sub-
ject unlawfully detained, 224; for
issue of commission, 244; for transfer
of criminal case, 252; for execution,
411; for stay of proceedings, 481; to
civil courts, 487; to confine suit,
492; for order to answer inter-
rogatory, 518; for order to inspect
documents, 520; to send for records,
522; for summons to witness, 529;
to take evidence de bene esse, 538;
for transmission and decree, 547; for
execution, 550; for execution, con-
tents of, 553; by joint decree-holder,
551; by transferee of decree, 551;
for attachment of property, 554; for
stay of execution, 555; for immediate
execution, 562; in case of payment
or adjustment of decree, 563; by
purchaser to set aside sale, 588; by
person dispossessed and disputing
right of decree-holder, 599; for de-
claration of insolvency, 605; signa-
ture and verification of, 606; service

of copy of, 606; by unscheduled
creditors, 609; to set aside abate-
ment or dismissal, 617; for with-
drawal of suit, 618; for commission
to examine witnesses, 622; for leave
to sue as a pauper, 628, 629, 630;
on behalf of minor, 639; for appoint-
ment of new next friend, 641; for
appointment of guardian ad litem,
642; before judgment for attachment,
651; to discharge etc. order for in-
junction, 655; for interlocutory
order, 657; for order of reference,
660; to file agreement to refer to
arbitration, 665; to file award, 666;
for leave to appeal to Queen in
Council, 693, 694; for review of
judgment, 703, 704, 705; to whom
made, 704; form of, 704; when
rejected, 704; when granted, 704;
court-fee on, 1031; fixed court-fee on,
1037, 1038; for probate, 1165; when
exempted from court fee, 1021, 1022.
Applications, to which Limitation Act
does not apply, 957; limitation for,
998-1005; under Civil Procedure
Code, secs. 365, 366, 368, 371,
Limitation Act, sec. 5, extended to,
1150. See Affidavits, Costs, Delay,
Pauper.

Appointment of sessions judges, etc.,
66; of public prosecutor, 239; of
recognised agent, 488; of pleader,
489; of agent to receive process, 489;
of commissioner, 622, 625, 626; of
persons to prosecute or defend on be-
half of princes and chiefs, 636, 1151;
of receiver, 658, 659; of arbitrator,
660; of umpire, 661; in execution of
power, stamp on, 1079.
Apportionment of costs, 546.
Appraisement, stamp on, 1079; when
exempt, 1095.

Apprehension. See Arrest.
Apprenticeship, 1096; stamp on instru-
ment of, 1079, 1085; when exempt,
1096.

Approver. See Accomplice.
Arbitration, reference to, 660-667;

costs of, 663: agreement to refer
difference to, 665; appeal from order
superseding, 690; forms of order of
reference to, 805. See Arbitrator,
Award, Umpire.

Arbitrator, powers of, 662; privilege of,
831. See Award, Umpire.
Argumentative written statements, 514.
Arms Act, offences against, 129.
Army, arrest of deserters from, 81; ex-
emption of persons belonging to, from
serving as jurors, 177. See Articles

of war, Cantonment, Commissioned
officer, Garrison, Military.
Arrangement of Code of Criminal Pro-

cedure, 4, 5; of Code of Civil Proce-
dure, 387; of Evidence Act, 818.
Arrears of maintenance, court-fee on
suits for, 1014.

Arrest, 7, 8; aid in making, 76; how
made, 78; without warrant, 80-83;
to prevent cognisable offences, 115;
of accused on appeal from acquittal,
213; when bail insufficient, 242; of
judgment-debtors, 417, 601, 602,
1138; before judgment, 427; for dis-
obeying summons to give evidence
or produce document, 533; for re-
sisting execution, 598: exemption
from, 634, 636, 709, 1137; in can-
tonment, garrison, etc., 645; com-
pensation for improper, 653; of
women, 709, 1137; of person outside
local limits of civil court, 712.
Army, Custody, Death, Detention,
Escape, Police, Release, Report, Re-
sistance, Search, Warrant of arrest,
Women, Zanáná,

See

Articles of association, stamp on, 1079.
Articles of clerkship, stamp on, 1079.
Articles of war, judicial notice of, 887.
Artisans, exemption of tools of, 568.
'As of right,' 976, note 6.
Assault, suit for, 628.

Assessment of rent-free land, suit for,
993.

Assessors in trials before session court,

161; how chosen, 165; illness of
165; view by, 167; examination
of, 167; attendance of, 167; penalty
for non-attendance of, 180; delivery
of opinions of, 173, liability to serve
as, 176; lists of, 177, 178, 179; sum-
mons to, 178, 179; trial by jury of
offence triable with, 256; questions
which may be put by, 934; in causes
of salvage, towage, or collision, 711.
Assignee, of plaintiff neglecting etc. to
continue suit, 617; of trust property,
limitation for suits against, 993,
994; may present document for re-
gistration, II14. See Official as-
signee, Transferee.

Assignment of decree, 551; of interest
pending suit, 617, 1172; stamp on,
1079; of copyright, 1095. See Alien-
ation, Conveyance, Transfer.
Assistant Chemical Examiner, report
of, 245.

Assistant Commissioners, 72.
Assistant Sessions Judges, appointment
of, 66; subordination of, 68; sentence
by, 72; cases triable by, 133; con-