( కృషి ) Section 154—We have added an explanation to show that, before ordering the apprehension of a person summoned to give evidence as a witness, there must be reason to believe that he has no lawsul excuse for failing to comply with the summons; and we have explained (section 155) that “lawful excuse' is such un excuse as, under the Evidence Act, justifies a refusal to give the evidence. (XHAPTER xv.—OF THE EXAMINATION or THE PARTIES AND WITNESSEs. Section 163.-We have provided that nothing in this section (which empowers the Court to pass a decree against a party who improperly refuses to attend to give evidence) shall enable the Court to decree a claim which, on the face of the record, is not warranted by law. Section 165.-This expressly provides that the rules as to witnesses shall apply to a party summoned as a witness. Chapter xvi.-Of JudgMENT AND DECREE. Section 186.-We have here declared that the decree shall agree with the judgment, and empowered the Court to amend the former, if found to be at variance with the latter. Section 191, as to decrees in suits for and.—We have here defined “mesne profits” in accordance with a decision of Hobhouse, J., reported in 8 Suth. C. R. 104, and with a view to ensure the speedy execution of such decrees, we have precluded the Courts from giving mesne profits for more than one year from the date of the decree. Section 193 deals with administration suits, a subject wholly untouched by the Bill of 1865 or the present Code. The Court, before making its final decree, will order such accounts and enquiries to be taken and made, and give such order and directions as it thinks fit. Forms of the preliminary order and the final decree will be found in Schedule IV. " Section 194 authorises the Court, in suits for dissolution of partnership, to make preliminary orders fixing a day for the dissolution, appointing a Receiver of the partnership assets, and directing accounts to be taken. This subject is also untouched by Act VIII of 1859 or the Bill of 1865. Forins of the preliminary order and the final decree will be found in Schedule IV. Снлвтък хvп.-От Совтв. Section 198.-We have here provided that the want of jurisdiction to try the case is no bar to the exercise of the power to give costs. Costs will as a rule follow the event. But when the Court otherwise directs, we think that it should state its reasons in writing. We have been in doubt whether it is well to attempt here to lay down any rules about costs. There is no question that, in the vast majority of contested cases, costs should follow the event, but there are cases in which litigation is resorted to without cause, and the blame of it rests with the party who gets the decree. In such cases the winning party may fairly be left to bear his own costs, or even, where he is much to blame, to pay the costs of the loser. In most of these cases, however, the suit is immmediately met by proper concessions on the part of the defendant, as, e.g., by payment into Court, in which case we have tried to lay down some rule about costs. See below, sections 367 and 368. The practical question is, whether it is likely to be useful to the Courts if the Code contains something applicable to contested cases ; and the point is one on which we should be glad of opinions from those who have had occasion to study it. Section 201,–This provides that there shall be no appeal or re-hearing on a question of costs, except when it distinctly appears on the face of the proceedings either that the costs are payable out of or chargeable on some property, or that the mode in which they have been given is inconsistent with Rome enactment. n
