Direct oral evidence, 889, 890.
Direction of warrant of arrest, 86, 87.
Directors, personal appearance of, 638;
injunction binding on, 655.
Disability to sue, 962-964.

Disagreement with verdict, 171, 172.
Disallowance of claim to attached
property, 576; of objection to sale,
587.

Discharge of persons arrested by police,
83; of sureties for good behaviour,
104; of accused, 139; does not bar
revival of prosecution, 203; of ac-
cused in warrant case, 155, 156, 157;
of jury, 164, 165; of offender on sub-
mission or apology, 233; on with-
drawal of complaint by public prose-
cutor, 240; from custody, on exe-
cuting bail-bond, 242; of sureties,
242; of insolvent, 419, 609; from
gaol of judgment-debtor, 603; of
insolvent judgment-debtor, 608;
effect of, 610; on ground of illness,
1139. See Further enquiry.
Discontinuance of suit, 420; of pos-
session of immoveable property, 995,
note 5; of payment of rent, 1169.
Discovery, 401, 402, 516-518; of docu-
ments, 402, 518; in aid of execution,
413. See Affidavit, Answer, Docu-
ment, Interrogatories.
Discretion as to costs, 546, note 4.
Dishonesty. See Criminal misappro-
priation, Insolvent, Stolen property.
Dismissal of complaint, 137; of suit
under Civil Procedure Code, 381,
1151; of suit for default, 399; of
parties, 485; of suit where summons
not served, 507, 508; where neither
party appears, 508; where plaintiff
fails to apply for fresh summons,
508; of suit where defendant only
appears, 509; of suit for plaintiff's
insolvency, 617; effect of, 617;
application to set aside, 617; where
plaintiff fails to give security for costs,
621, 1151; on application of minor
plaintiff attaining majority, 641; of
appeal for appellant's default, 678;
when appellant fails to deposit costs,
679; by default, application to set
aside, 999; of suit, application to
set aside order for, 1000; of ap-
peal, 1153, 1154. See Abatement,
Appeal.

Dispaupering, 631, 632.

Dispensary, bond guaranteeing income
for, 1095.

Dispersion of unlawful assemblies, 10,
II, 105.

Disposal of property regarding which

offence committed, 248; of suit at
first hearing, 405.

Dispossession in execution of decree,
599; of immoveable property, 995,
note 5; of tenancy, 1169. See
Wrongful dispossession.
Disproved, 853.

Disputes as to immoveable property,
II, 112-114; orders as to, 112, 113,
114; made by unauthorised magis-
trate, 254; limitation for suit for pro-
perty comprised in, 982; unstamped
documents in proceeding relating to,
1063, 1064. See Boundaries.
Dissent from judgment of appellate
court, 685.

Dissolution of partnership, 545; stamp
on instrument of, 1085.
Distance, limit of, 406.

Distress, levy of fine by, 200; not
illegal for defect in proceeding, 257;
suit for illegal, etc., 980; power to
agent authorising, 1021. See Attach-

ment.

Distribution of work, 14.

District, for criminal jurisdiction, 65;
for civil, 466; for registration, 1105,
1106.

District court, defined, 466; subordi-
nation of small cause courts to, 466; of
Additional Assistant Judges, 483;
may transfer suits, 482; sending for
execution decrees to, 548; may send
for execution decrees to subordinate
court, 548, 549; to investigate liabili-
ties of judgment-debtors, 593; its ju-
risdiction in insolvency, 605; its con-
sent to arrest of public officer, 634;
appointment of receivers by, 659; its
jurisdiction over charities, 672;
suits against princes, ambassadors,
etc. in, 636, 1152; may execute other
courts' warrant of arrest or order of
attachment, 712; appeals to, 998;
may cause production of will de-
posited in registration office, 1119.
District Judge, acting as registrar of
documents, 1106.

District Magistrate, appointment and
powers of, 66-73, 342-344; may be em-
powered in non-regulation provinces
to try offences not punishable with
death, 72; to summon jurors and
assessors, 178, 179; appeals to, 208;
may call for records of inferior courts,
215; sentence which he may pass on
E. B. subject, 220; right of E. B.
subject to claim jury before, 221;
may issue commission to examine
witnesses, 244; may withdraw or
refer cases, 253; may compel resto-

ration of abducted females, 261. See
Fine, Pardon, Prosecutor, Revision,
Rules, Subordinate magistrate,
Warrant.

Districts, 65, 466; under Registration
act, 1105. See Scheduled districts.
Distringas, 570, note 6.

Diverting water-course, suit for, 981.
Divorce, stamp on instrument of, 1085.
Divorce Act, Indian, 958; court-fee

on petition under, 1041. See Under-
taking.

Documentary evidence, to be ready at
first hearing, 522; exclusion of oral
by, 902-906.
Documents, given in evidence, prose-
cution for certain offences relating
to, 133; judge decides questions
as to construction of, 169; pro-
cedure in cases mentioned in
Criminal Procedure Code, sec. 195,
231; on which plaintiff sues, 499;
admission of genuineness of, 518;
discovery of, 518, 519; production
of, 519, 520; inspection of, 520,
521; nonproduction of, 522; re-
jection of, 523; proof of, 523.
return of admitted, 524; defined,
852; statement forming part of, 879;
proof of contents of, 890, 902; pri-
mary evidence of, 890, 891, 934
secondary evidence of, 891; proof of
facts entitling to give, 923, 924,
926; when provable by secondary
evidence, 892, 970; rules for con-
struction of, 906-908; evidence as
to contents of, 926; time mentioned
in, 972; of which registration com-
pulsory, 1107; exempt from Regis-
tration Act, 1134. See Account book,
Admission, Attested document, Con-
cealment, Course of business, En-
dorsement, Execution, Handwriting,
Impounding, Inspection, Instrument,
Negotiable instrument, Notice, Ob-
jection, Presumption, Production,
Search, Shopbook, Stamp, Summons,
Time, Translation.

Dollars, conversion of, 1058.
Dolus malus, 550, note II.

Domestic servants, exemption of wages
of, 569.

Domicile, 1164.

Donations mortis causa, 1164.
Double disabilities, 962.

Doubt as to what offence has been com-

mitted, charge in case of, 150.
Dower, Muhammadan's suit for, 989.
Drilling witnesses, 840.

Drunkenness, confession made during,
872.

'Duly stamped,' 1052.
Dumb witnesses, 918.
Duplicate, stamp on, 1083.
Duty of judge, 169; of jury, 170.
Dwelling-house, seizure of property in,
572.

Dwelling-place, 479, note I. See
Residence.

Dying declarations, 828, 841.

Easement, defined, 959; acquisition of,
973; disputes concerning, 113.
Election by minor plaintiff on coming
of age, 641.

Emergency, temporary orders in case
of, III.

Encumbrances, suit to avoid, 991.
Endorsement of warrant of arrest or
search, 87, 95; for attachment of
property, 89, 110, 247; for levy of
fine, 200; of plaint, 481, 498; of
time and manner of service, 504;
by jailer, 505; of documents proved,
admitted, or rejected, 523; of war-
rant for execution, 560; of negotiable
instrument or share certificate, 584;
of debenture issued by land-company
etc., 1109, 1165; on mortgage-deed,
1109; of instruments on which duty
has been paid, 1066; of receipt on duly
stamped instrument, 1096; on docu-
ments presented or registered, 1121,
1123, 1124; of document admitted in
evidence, 1144; on copies of admitted
entries in books, etc., 1145; on docu-
ments rejected as inadmissible, 1145.
English, writing charge in, 143; record
and judgment in summary trial may
be in, 160; taking down evidence in,
190, 407, 536; recording examination
of accused in, 193; writing plaint in,
493; writing judgment in, 194, 540,
683; power to require evidence to be
recorded in, 191, 1146; translation
of record, on commitment to High
Court, 142; words, judicial notice of
meanings of, 887, note 1.
Engraving included in writing,' 62.
Enhancement, of punishment, 25; not
of sentences on appeal, 34, 212;
of sentence on revision, 217.
Enlistment, 1095.

Enquiry into pauperism of suitor, 929;
of appellant, 691; by registering
officer, 1115.

Enticing married woman, 135; com-
poundable, 185.

Entry, of information in cognizable case,
116; on unsustainable charge, 162;
upon charge under sec. 203, Crim.
Proc. Code, 206; in shopbook,

499, 523; in course of business,
828, 874; in public book, 829; in
book of account, 877; as advocate,
etc., stamp on, 1056, 1084, 1096; in
register-books, 1122; in record of
rights, 1169.

Entry of house, by police, see Arrest; of
judgment-debtor, 601; by commis-
sioner to make parties, 627; under
interlocutory order, 656.
Envoy, suits against, 1152.
Equities subject to which transferee of
decree holds it, 552.

Equity of redemption. See Redemp-
tion.

Erasures, 111I.

Error, in charge, 145; in record of evi-
dence, 191; in judgment, 195; in
proceedings before or during trial,
256, 257; in plaint, 496; in issues,
526; in application for execution,
557; in proclamation of execution-
sale, 579; in conducting execution-
sale, 583, 587; in memorandum of ap-
peal,674; in decree or order not affect-
ing merits or jurisdiction, 685; ground
of second appeal, 687; ground for re-
view of judgment, 703; in law, of ma-
gistrate, 1170. See Irregularities.
Escape, from custody, re-arrest after,
83; place of enquiry into, 128.
Escaped convict, information as to, 77;
arrest without warrant of, 80; war-
rant for arrest of, 86; execution of
sentence on, 202.

Estoppel, 915-917; of agent, 836. See

Acceptor, Bailee, Licensee, Tenant.
European British subject, defined, 64;
when security for good behaviour
cannot be demanded from, 100;
committing offence in Native State,
130, 131; commitment to High
Court of person charged jointly with,
140; place of trial of, 181; criminal
proceedings against, 27, 219-226;
claim to be dealt with as, 223, 1171;
appeal by, 208, 210. See Court of
Session, District Magistrate, High
Court, Justice of the Peace, Magis-
trate, Statics, Waiver.
European vagrants, 100.
Europeans not being British subjects,
jury for trial of, 225; criminal pro-
ceedings against, 226.
Event, 546, note 5.

Evidence, in enquiries and trials, 21,

22; in proceedings for demand of
security, 101; that a person is an
habitual offender, 101; on inquest,
125; copies of depositions before
political agent, 131; how taken

by magistrate, 138; discharge of
accused in warrant case for insuf-
ficiency of, 155, 156; of witnesses
before committing magistrate, 166;
partly recorded by one magistrate
and partly by another, 188; to be
taken in presence of accused, 189;
how recorded, 189, 190; in Presi-
dency Magistrate's court, 192; in
High Court, 194; in maintenance
cases, 237; read over to witness, 191;
interpreted to accused, 192; on
further enquiry, 213; refusal of
witness to give, 234; before com-
mission, 243; production of, 535;
to be taken orally in open court,
539; how taken in appealable
cases, 536; memorandum of substance
of, 536; taken down in English, 536;
to be adduced by claimant of attached
property, 576; taken under a com-
mission, 623; of pauperism, 630; ad-
ditional, required by appellate court,
682 what, 811; need and objects of
a law of, 811: Indian legislation re-
specting, 812; special laws, 822, 823;
local laws, 823-825; statutes relating
to, 826-827; differences between
English and Indian laws of, 827-833;
peculiarities of India bearing on,
839-841; defined, 852; inadmissibility
of instruments not duly stamped, 1064.
See Admission, Affidavit, Answer,
Burden of proof, Certificate, Certi-
fied copy, Commission, Conclusive
evidence, Confession, Contradiction,
Cross-examination, Demeanour, De-
positions, Document, Examination,
Exhibit, Experiment, Inspection, In-
terrogatories, Leading questions,
List, Notice, Question, Record, Re-
examination, Refusal, Rejection,
Relevancy, Report, Samples, Sum-
mary trial, Testimony, Witness.
Evidence Act, Indian, 849-935; intro-

:

duction to, 810-841; omissions in,
832-838; contents of, 842-848.
Examination of accused, 20, 34; by
magistrate, 139; to be read as evi-
dence, 165 by court, 183; how re-
corded, 193; of complainant, 136;
of witnesses by police, 118; of wit-
nesses for prosecution, 165; by ac-
cused, 167; of juror or assessor, 167;
of medical witness, 245; of parties,
401; of parties by court, 515, 525;
of witnesses, 407, 536, 923-934; of
supplementary witnesses, 142; of
witnesses under commission, 243; of
serving-officer, 504; of witnesses, etc.
by court before framing issues, 526;

as to property liable to be seized in
execution, 570; of witness under
commission, 623; of commissioner
for local investigation, 625; on ap-
plication to sue as a pauper, 629; in
chief, 924 of complainant, court-fee
on written, 1020; of instrument
chargeable with duty, 1063; of serv-
ing-officer, 1144, 1145.
See Cross-
examination, Evidence, Re-examin-
ation, Witness.

Excavation, order to fence, 108.
Exceptio litis pendentis, 392.
Exceptions in Penal Code, burden of
proving facts bringing case within,
910.
Exchange, rate of, 698, 1058; stamp
on instrument of, 1086; by whom
payable, 1061.

Exclusion of causes of action, 493; of
oral by documentary evidence, 902-
908; of day on which right to sue
accrues, 965; of defendant's absence
from British India, 966; of bona fide
proceeding in court without juris-
diction, 966, 967; of time during
which suit stayed by injunction, 967;
of time during which judgment deb-
tor attempts to set aside execution-
sale, 968.

Excusing attendance of jurors and
assessors, 179.

Execution, of conveyance, decree for,
565, 566; of document, presumption
as to, 900.

Execution, of decree, 411-418, 547-605,

1002; by court to which it is sent,
549; court executing, 547-549; ap-
plication for, 550-554; staying, 555;
questions arising on, 556; mode of,
557; attachment in, 567; sale in,
577; resistance to, 598; arrest and
imprisonment in, 601; of order re-
lating to costs, 546; against a
husband, 616; of decree appealed to
Queen in Council, 696. See Im-
moveable property, Insolvent judg-
ment-debtors, Mesne profits, Money,
Moveable property, Negotiable in-
strument, Obstruction, Partition, Re-
formatory, Resistance, Specific move-
able, Specific performance, Stay,
Surety, Warrant.

Execution, of sentences, 22; of death,
transportation, or imprisonment, 199;
of whipping, 200, 201; on escaped
convict, 202; on offender already
sentenced for another offence, 203.
Execution of warrant of arrest, 87; of
search warrant, 95; of warrant for
levy of fine, 200.

Execution sale, exclusion of time of
attempting to set aside, 968; limita-
tion for suit to set aside, 978; applica-
tion to set aside, 999; application by
purchaser to set aside, 1000.
Executive Government, proof of acts
etc. of, 896, 897.

Executor, suits by, and against, 425,
638, 979; may sue as a pauper, 628,
note 2; suit against, 981; not pay-
ing full court-fee on probate after
discovering under payment, 1025.
See Costs, Legal representative,
Parties, Trustees.

Executrix, suit by or against married,
638.

Exemption from liability to serve as
jurors, 176, 177; of persons of rank
from appearing in court, 709; from
appearing at registration-office, 1117;
from fees, 260.

Exhibits, production of, 499; rejection
of, 523, 1145; impounding, 524;
return of, 524; copies of, 677; first
application in respect of, 1014.
See
Appeal, Documents.

Exigible dower, suit for, 989.
Existence of person not heard of for

seven years, burden of proving, 911.
Ex-officio justices of the peace, 70.
Ex-parte, decree, 399; appeal from,
673, note 5; hearing of appeal, 679;
injunctions, 655, note 4; judgment,
application to set aside, 999. See
Application, Default, Revival.
Expectancy exempt from attachment,
569.

Expenses of complainants, and prosecu-
tion, 259; of witnesses, 259, 530; of
commission, 626. See Costs.
Experiments for purpose of evidence,
656.

Experts, defined, 882; opinions of, 882,
883, 884; facts bearing upon
opinions of, 883; expressed in treatise
of which author deceased, 890; as to
result of examination of accounts,
893. See Medical witness.
Explanation of judgment to accused,
196.

Extension of time for making award,
662.
Extinguishment of right to property
by lapse of time, 975.

Extract, stamp on certified, 1083.
Extradition (see Act XXI of 1879),

131.

Fact, appeal on matter of, except where
trial by jury, 210; defined, 851.
Factor, suit against, 987.

Facts in issue, defined, 851.
Failure, to obey order for removal of
nuisance, 109; of jurors to attend,
176; to plead status of E. B. subject,
223; of justice, 257; to answer in-
terrogatories or to discover, etc.,
521; of consideration, 988.
False charge, false claim, false de-
claration, sanction to prosecution for,
133.

False evidence, sanction to prosecution
for giving, 133, 1170; prosecution of
accomplice for, 182, 183; in answers
by accused, 183; evidence in prose-
cution for, 922.

False imprisonment, suit for, 979.
False personation, sanction to prosecu-
tion for, 133; before registering
officer, 1131.

False seals, search for, 98.
False statement by applicant for de-

claration of insolvency, 611; before
registering officer, 1131; by witness,
1162.

Family, service on member of de-
fendant's, 503.

Family custom, 861; presumption as
to, 836.

Father to maintain his child, 236,

Finding, of Sessions court to be sent

to District Magistrate, 196; in case
of acquittal on ground of lunacy,
228; when reversible for irregularity,
256. See Acquittal, Conviction,
Judgment, Sentence.

Fine, sentences of, 72, 73; imprison-
ment in default of, 73; costs of
dispute as to immoveable property,
recoverable as, 114; compensation
for vexatious complaint recoverable
as, 155; on juror failing to attend,
176; for non-attendance of juror or
assessor, 180; warrant for levy of,

200; bond for payment of, 200; in
certain cases of contempt, 232;
maintenance awarded by magistrate
recoverable as, 236; power to pay ex-
penses or compensation out of, 259,
260; money ordered to be paid re-
coverable as a, 260; on witness
failing to appear, 532, 533. See
Appeal, Distress.

Fire, 76, note 2.

Fire-proof boxes, 1107.

First hearing, disposal of suit at, 527,
528.

Fisheries, 1104.

Force, use of, to make arrest, 78; to
disperse unlawful assemblies, 105;
execution of decree prevented by,
550; evidence of document obtained
by, 894.

Forcible entry, 78, 79; dispossession of
immoveable property, 250.

Foreclosure, place of suit for, 477; or
sale, suit by mortgagee for, 996;
court-fee in suit for, 1016.
Foreign bill, suit on dishonoured, 986;
cheque and note, 1056, 1057.
Foreign contracts, 965.

Foreign corporation, 638, note 3.
Foreign country, service on defendant
resident in, 506; security for costs
from plaintiff resident in, 621; com.
mission to examine witness in, 623;
proof of executive acts, legislative
proceedings, or public documents of,
897; defined, 960. See Commission,
Costs, Security.

Foreign court, defined, 468; pendency
of suit in, 474; summonses from, 477,
note I; commissions issued by, 624;
service of summons sent by, 713;
reports of rulings of, 879, 899.
Foreign currency, 1058.
Foreign expressions, 907.
Foreign judgments, 393, 394; bar of
suit by, 393, 476; suit upon, 393,
991, 1142; defined, 468; presump-
tion as to jurisdiction of court which
passed, 476.

Foreign Jurisdiction and Extradition
Act, 131.

Foreign law, evidence of, 829; opinions
of experts as to, 882; presumption
as to book containing, 899.
Foreign legislature, proof of proceed-
ings of, 897.

Foreign limitation law, 965.
Foreign state, jurisdiction over of
fences committed on, 130; suits by,
424, 635; execution of decrees of
Courts established by Government
of India in, 549; judicial notice of