6. Nothing herein contained shall alter or affect the admissibility of any evidence at any trial where such evidence is now by law receivable, on the ground of any witness being beyond the jurisdiction of the court, but the admissibility of all such evidence shall be determined as if this Act had not passed.

INDEX.

ABANDONMENT OF ACTION:

proceedings to compel, in case of death (92),* p. 61.

ABATEMENT OF ACTION:

proceedings by defendant where action before the Common Law
Procedure Act, 1852, would have abated (92), p. 61.

ACCIDENT:

relief against, by courts of equity, p. 53.

ACCOUNT, MATTERS OF:

power of judge to decide in a summary way, or to refer to
arbitration (3, 6), p. 36.

ACT:

commencement of (104), p. 72.

short title of (106), p. 73.

ACTION:

meaning of the word (99), p. 70.

ADDITIONAL PENALTY:

of 17. to be paid on stamping documents at the trial (28), p. 23.

ADDRESSES TO THE JURY:

regulation of (18), pp. 23, 24.

ADJOURNMENT:

of trial (19), p. 14.

power of, extends to all courts of civil judicature (103), p. 72.

*The figures within parentheses refer to the sections of the Statute.

I

ADJOURNMENT-continued.

in what cases likely to be granted, pp. 14, 15.

of examination of witnesses by court or judge (47), p. 34.

ADMISSIBILITY IN EVIDENCE:

of unstamped documents, on payment of duty and penalty
(28, 29), pp. 23, 25.

ADMISSION:

may waive the necessity for calling attesting witness (26), p. 22.
ADVERSE WITNESS:

party producing, how far may contradict him (22), pp. 16, 18.
AFFIDAVIT:

affirmation instead of oath to (20), p. 15.

may be made in answer to affidavits of the opposite party upon
motions (45), p. 33.

examination of persons refusing to make (48) p. 36.

judge's order to compel answer on, as to documents in posses-
sion of the deponent (50), p. 37.

interrogatories delivered to opposite party by order of court or
judge, to be answered by (51), p. 41.

application for order to be made upon (52), p. 42.

order for attachment of debts to be founded upon (61), p. 46.
punishment for making false (89), p. 59.

AFFIRMATION:

instead of oath, in certain cases (20), p. 15.
penalty for making false (21, 89), pp. 15, 59.

AGREEMENT:

to refer to arbitration, may be made a rule of court (17), pp.
12, 13.

between master and merchant seaman must be attested, p. 22.
as to damages and costs, where special case stated, p. 26.

ALTERATIONS IN THE LAW OF EVIDENCE, p. 15. (See
EVIDENCE.)

AMENDMENTS:

of defects and errors in proceedings under Act (96), p. 67.

AMENDMENTS IN THE LAW OF ARBITRATION:

if action be commenced by one party after all have agreed to
arbitration, the court or judge may stay the proceedings
(11), p. 8.

order may be discharged or varied, as justice may require, p. 8.
application may be made to stay the proceedings before the
agreement has been made a rule of court, p. 9.

power of judge to appoint arbitrator where, in case of reference
to a single arbitrator, the parties do not concur in the ap-
pointment (12), p. 10.

the like where the appointed arbitrator refuses to act (12), p. 10.
or becomes incapable of acting (12), p. 10.

or dies (12), p. 10.

the like on failure of the parties or arbitrators to appoint an
umpire or third arbitrator (12), p. 10.

or where appointed umpire or third arbitrator refuses to
act (12), p. 10.

or becomes incapable of acting (12), p. 10.

or dies (12), p. 10.

power of party to substitute a new arbitrator where, in case

of a reference to two arbitrators, one dies (13), p. 11.

the like when such arbitrator refuses to act (13), p. 11.

or becomes incapacitated (13), p. 11.

power to the court or judge to revoke such appointment
(13), p. 11.

power to two arbitrators to appoint an umpire (14), p. 11.

arbitrator acting under document or compulsory order of refer-
ence, to make award within three months after his appoint-
ment (15), p. 11.

unless the document or order contain a different limit of
time (15), p. 11.

power to the parties to enlarge time by consent (15), p. 11.
such enlargement to be for one month, unless otherwise
expressed (15), p. 11.

umpire may enter on reference, if period expired (15)
p. 11.

where award directs the delivery of possession of land, the
court may order the party in possession to deliver possession
(16), p. 12.