( \oo ) ChapTER xiv.–OF PAUPna Appsals. Here our changes have been merely formal. CHAPTER xlvi. —Of AppsALs to THE QUEEN IN Council. This chapter reproduces the provisions of the recently passed Act VI of 1874, which the Bill proposes to repeal. PART VII.-Of Reviews of JudgMENT. Part VII deals with reviews of judgment. We think that the evidence on the discovery of which a review is obtainable should be, not only ‘new,” but “important” (7 Suth., 166); and strict proof should be given that such ovidence was not within the applicant's knowledge (9 Beng. 187). We have made provisions to this effect in sections 644 and 648. We have declared (a) that a party who is not appealing may apply for a review notwithstanding the pendency of an appeal by some other party, (b) that a person who has preferred an appeal may abandon it and apply for a review, and (c) that, except on the discovery of such new evidence as aforesaid, application for a review of a judgment (other than that of a High Court) should be made to the Judge who delivered it. -ة عن خضم emsه PART VIII.-OF REFERENCE To The HIGH Court. No change requiring notice has been made in this part of the Bill. A S CC STMSACSDMSMS PART IX.-SPECIAL RULEs As to High Courts. Part 1X contains some special rules relating to the High Courts established under 24 & 25 Vic., cap. 104. In section 664 we have introduced words to shew that such a Court may try suits in which any material part of the cause of action has arisen or any of the defendants dwells, &c., within the local limits of its ordinary original civil jurisdiction. We have also made it clear that the High Court has jurisdiction to entertain suits for land whether the land is situate wholly, or only in part, within the local limits. This is in accordance with the decision of the late Mr. Justice Norman, in 3 Bengal O. C. 85, and with that of Mr. Justice Phear, in 6 Bengal 686. The language of the Charter of 1865, section 12, had given rise to some doubts on the subject. In sections 682, 683, and 684 we have embodied the existing Rules of the High Courts at Fort William as to procedure in Admiralty, Testamentary, and Intestate cases. அ. க.க-__ _ PART X.—Miscell,ANEous. Part X contains various miscellaneous provisions. In the sections (692–695) relating to exemption from personal appearances in Court, we have declared that parda-maskins shall not be exempted from arrest in execution of civil process, and that when any person exempted from personal appearance claims his privilege, and it is consequently necessary to examine him by commission, he must p * the custs of that commission. Of the four schedules, the first specifies the enactments proposed for repeal; the second, the sections of the proposed Code which will be applicable (a) to Mofussil Courts of Small Causes, (b) to Revenue Courts; the third mentions certain Bombay enactments which it is desirable not to affect the fourth contains 173 forms, (a) plaints for breach of contract, (b) plaints for damages upon wrongs, (c) plaints in suits for special relief, (d) forms of summonses, (e) forms of registers of suits, memoranda, decrees, orders, notices, warrants, and certificates. Some of these we have onrselves framed : others are taken (with some changes)
