specific performance of contracts re- lating to, 939, 953, 961, 965. Bull, killing etc., 258. See Mischief. Buoy, exhibiting false, 197; destroying, 259 and note 4. See Mischief. Burden of proof, 848.
Burial, forging register of, 272. Burial-places, trespassing on, 202. Corpses.
Burma, local laws in, 9, 10. See Upper Burma.
Burning, revocation of will by, 364. Buyer, of goods, transfer of ownership to, 595, 597, 598; bears subsequent loss, 597; delivery to, 599; part-de- livery to, 600; insolvency of, 601; assigning bill of lading, 603; failing to perform, 605; title conveyed to, 605; refusing to accept, 610; of im- moveable property, duties of, 730, 731; rights of, 730, 731, 771, 772; of one of two properties subject to a common charge, 772; under mort- gagee's power of sale, 783, 817. See Price, Resale, Sale, Seller, Stoppage in transit, Warranty. Bye-laws, 486.
Campbell's Act (9 & 10 Vic., c. 93), 460, note 5. Canal-water, 552, note I. Canals, 8, 517; mortgage of, 781. Cancellation of certain documents, 275; of name of acceptor or indorser, 700; of instruments, 934, 976; of instru- ments in part, 977. Canon law, 931 and Addenda. Cantonments, 3 and note 1, 7, 8. Capacity, false measures of, 193; of
testator, 301, 302; of parties to con- tract, 492, 552; of parties to bills etc., 682; of transferors, 749, 750. See Competence, Disability, Onerous gift.
Capital of testator's estate applied to satisfy annuity, 425.
Capital offence, giving false evidence
with intent to procure conviction of, 167. See Death, Offence. Care, 103; to be taken by bailee, 622;
by seller, 769; by trustee, 844, 845. Caretaking, contract for, 514. Carriage, contract of, 491, 515, 517. See Hackney Carriage.
Carrier, criminal breach of trust by,
249; delivery to, 600. See Common
Case of need. See Drawee in case of need. Cases decided by Courts, opinions re- specting merits of, 287; how illus- trations differ from, xxv. 'Cash,' 370, note 2.
Caste, intentional deprivation of, 33- Cattle-trespass, 7.
Causa. See Consideration.
Caution intended for good of person to whom it is conveyed, 289. Caveat, 453.
Censure in good faith, 288.
Central Provinces, local laws in, 9. Certainty in case of notes and bills, 676.
Certificates, issuing, &c. false, 168; granted by administrator-general, 305, 860; granted by district court, 305.
Cessate grant, 444. Ceylon, penal code of, 4. Champerty, 560, note.
Change in thing specifically bequeathed, 417, 418; in dominant heritage, 919. Charge, on property for purchase-money paid in anticipation, 771, 772; on proceeds of revenue sale of mort- gaged property, 785; of one of several co-mortgagors who redeems, 796; defined, 797-798; rights of persons having, 797, 798; extinguishment of, 798; of beneficiary on blended property, 865; of trustee on trust property, 852; on interest of bene- ficiary, 854. See Common charge. Charitable bequests, 302, 307 and note 5. Charitable endowments, 823 and note 1. Charitable uses, bequest to, 390. See Cyprès.
Charter-party, 515; no specific perform- ance of, 960 and note 7. Cheating, 59, 60, 251-254; by persona- tion, 253, 254; forgery for purpose of, 272.
'Cheque,' defined, 676; to bearer, 660 ; payable on demand, 679; liability of drawee, 683; discharge from liability on, 700, 702; presentment of, 696,700. Child, offences by, 117; consent by, 119-120; act for benefit of, 118; private defence against act of, 122; prevention of birth of, 214; causing death of unborn, 215; exposure of, 215; concealing body of, 215; ad- vancement of, 353; in the womb, 377; actually or reputed to be legiti- mate, 377; bequest to, 389. See Abduction, Hotchpot, Miscarriage. Children, 12; bequest to A and his,
bequest to B's, and Addenda.
375; defined, 376; 383; marriage of, 37 Choses in action, 498. See Actionable claims, Contractual rights, Debts, Negotiable instruments.
Christians, Native, xxi, 483, note 1,484. Circles of issue, 504. Circumvention, 971. Citations, 452, 453.
Civil Procedure Code, regulates practice in granting probate and administra- tion, 448; in contentious cases, 457; as to powers of attorney, 519, note 7; as to negotiable instruments, 664; as to specific performance, 933, note 4. Civil service, domicile of member of Indian, 331. See Public servant. Claim, fraudulent, 172, 173; transfer of actionable, 813, 814. Class, addition to bequest of words de- scribing a, 375; construction of gift to, 382-384 and Addenda; bequest to class as to some of whom it is in- operative, 388; to such members of class as attain to particular age, 393; transfer to, 752, 754. Clerks, possession of, 98; theft by, 239; criminal breach of trust by, 249; their incapacity to buy action- able claims, 814. Cloak-rooms, 514.
Closed receptacle, dishonestly breaking open, 266, 267. Coast-lights, 9, 10.
Codicil, defined, 338, 339; effect of attesting, 362; revocation of, 363; revival of, 364, 365; separate pro- bate of, 434; found after grant of letters c. t. a., 445.
Codification, history of Indian, x-xx. Coercion, 494; defined, 554; will ob- tained by, 356; content caused by, 556; liability of person to whom money has been paid under, 533, 586; revocation of bequest prevented by, 874. See Voidable contract. Co-executor, 304, 461, 462. Coffee-stealing, 8.
Cohabitation, caused by deceit, 281; when an immoral consideration, 561. See Concubinage, Marriage. Coin, defined, 184; offences relating to, 30, 31, 184-190, and see Arrange- ment of sections, p. 81; 'Queen's coin,' 184; diminishing weight, or altering composition or appearance of, 188; uttering altered, 189, 190; possessing altered, 189. See Gold coin, Legal tender, Money.
Collateral consanguinity, 344. 'Collateral relationship,' 377.
Collection of deceased's property, 464. Collector may be a judge,' 95; a 'public servant,' 95-96. Colonial Courts Act, 5.
Colour of an office, act done under, 153, note 6.
Combustible matter, rash or negligent conduct respecting, 198.
Comfortable enjoyment of air, 916; of house, 897, 985.
Command of the State, 12.
Comments on measures of Government, 138.
Commerce, advancement of, 792. Commission, on assets, 305; agent's lien for, 640; of receiver, 819; received by manager, 946. Commissioned officer a 'public ser-
Commissions, Indian Law, x, xi, xiii, xviii.
Commitment, illegal, 179.
Committee, of lunatic, grant of adminis- tration to, 441; of lunatic or idiot mortgagor, 794; specific performance enforced against, 971.
Common carriers, 515, 546, note 1, 622, note 3; liability of, 515.
Common charge, sale of one of two properties subject to, 772.
Common intention, 100.
Common law of England, 513. Common object of unlawful assembly,
Commorientes, 307, note 1.
Communications, in good faith, 121; of proposals, 548; of acceptance, 548; of revocation, 548; of agent with principal, 638. Commutation of sentence, 24, 105, 106, 107.
Companies, 7, 552, note 1; included in 'person,' 94, 338, 487; contracts of, 497; transfer of shares in, 499; ser- vants of, 517; limited by guarantee, 527; ratification by, 532; execution of bills and notes by, 664; acting as bankers, 674; amalgamation of, 965, 966, 970. See Directors, Promoters, Railway companies, Shares, Ultra
Compensation, for something done by promisee, 562; for loss caused by one party preventing the other from performing reciprocal promise, 577; for non-performance of impossible or unlawful act, 579; by person who has received advantage under void agreement, 583; by person enjoying benefit of non-gratuitous act, 586; for damage caused by breach of con-
tract, 505, 588-591; where sum named as payable in case of breach, 592; where contract rightfully re- scinded, 593; in case of breach of warranty, 609; in suit by bailee or bailor against wrong-doer, 628; for revocation, or renunciation of agency, 635; for extra trouble thrown on co-partner, 651, note 2; for dis- honour of note, bill, or cheque, 712; to party deprived of thing received in exchange, 737; for improper exer- cise of mortgagee's power of sale, 783; for extinguishment or suspension of easement, 923; in addition to or substitution for specific performance, 956, 957; no right to, when suit for specific performance dismissed, 931, 972; where contract rescinded, 593, 976; where instrument cancelled, 977. See Assessment, Damages. Compensatory remedy, 920. Competence to make wills, 355; to con- tract, 552, 553; to make etc. notes etc., 682; to transfer property, 749, 750. See Capacity, Disability. Completion of title to thing bequeathed, 420.
Composition, trustee's power to accept or make, 857; of debts, 877. Compound interest, 849. Compounding offences, 175, 176, 561 and note 3.
Compromise of suit, 516; family, 953, note 4; of doubtful rights, 965 and
notes 3, 4. Compulsion, 16, 121, 122. See Coercion. Computing, degrees of kindred, 345; time of payment of bill etc., 680, 681.
Concealment, when it amounts to abetment, 127; of design to commit offences, 134, 135; of design to wage war against Queen, 137; of State prisoners and prisoners of war, 139; of deserters, 141; of documents to prevent their production, 171; of property to prevent its being taken as a forfeiture, 171; of offenders, 174, 175, 176, 177; of birth, 44, 215; of kidnapped person, 231; active, 555; assent obtained by, 971; guarantee obtained by, 618; of material fact by agent, 638; of necessity to maintain embankment, 663; of right of way, 975. See Silence.
Conclusiveness, of probate and letters of administration, 449; of application therefor, 450.
Concubinage, agreement for, 561.
Concurrence necessary to validate title, 956.
Concurrent offences, 24.
Condition, precedent, 398; fulfilment of, 755; subsequent, 401, note I; discharge by performance of, 502, 503, 756; revocation of proposal by ac- ceptor's failure to fulfil, 550; accept- ance of proposal by performing, 550; of bailment, 622; restraining aliena- tion, 727, 750; making interest determinable on insolvency or at- tempted alienation, 751; fulfilment of, 755, 756; that transfer shall cease to have effect, 756, 757; of re-entry, 748, 806; easement on, 896; extinc- tion of easements by performance of, 918, 919; enabling vendor to annul sale, 974, note 6; for compensation for misdescription, 974, note 6. See Ҫургèя.
Conditional, assent to a legacy, 469;
bequests, 307, 308, 398-403; delivery of instrument absolute in form, 676, note 4; delivery, 689; indorsement, 691; acceptance, 701; gifts, 811, note 3; remission of punishment, 183. Conditional sale, mortgage by, 774, 781; foreclosure under, 795. Conditional transfer, 754, 757- Conditions of sale, 855.
Confession, causing hurt to extort, 219,
influence. Confinement, of kidnapped person, 231; of exercise of easement, 908. See Escape, Wrongful confinement. Conflict of laws, 663, 664. Connivance, in adultery, 283, note 5; of contractor, 555.
Consanguinity, 299, 344, 345; table of, 346.
Consent, 14, 15, 118, 119, 120; of guardians, 15, 16; death caused with person's own, 209; conditions as to marriage with, 399; of husband to wife's taking out probate, 434, or administration, 435; defined, 553; caused by coercion etc., 556; vari- ance made without surety's, 614; mixing goods without bailor's, 623; of all partners to annul or alter partnership contract, 650; of bene- ficiaries to modify trust, 843; to re- nounce trust, 859; to sale, 968. Conservancy, 8.
Consideration, 497, 546; will made for valuable, 363; for legacy, 466, note 5; when lawful, 559; not needed to create agency, 629; negotiable in-
strument made, &c. without, 686; partial absence or failure of, 687; unlawful, 693; presumption as to, 713. See Value.
Conspiracy, 127 and note I, 129; to rebel, 136. See Abetment. Conspirators, 64.
Construction, xx; of penal laws, 71, 72; of wills, 366-384; and see Arrangement of sections, pp. 325-326; of other instruments, 501; of power of attorney, 520, note I. Constructive delivery, 689; trusts, 822, 830, 877.
Consul, domicile of, 342. Consumption, loan for, 511. Contagious diseases, 7.
Contempts of authority of public ser-
vants, 30, 155-163; of Court, 183 and Addenda. See Arrangement of sections, p. 791, Public servant. Contentious cases, procedure in, 457. Contents of lost will, probate of, 439. Context, word supplied from, 367. Contingent contract, 567-569; interest, 753; legacy, 392, 396, 397; liabili- ties, 469. See Election, Indemnity, Lapse.
Continuing, guarantee, 613; revoca- tion of, 613, 614, 654; breach, no injunction to prevent when applicant has acquiesced, 989; disturbance of easement, 916, note 6; nuisance after injunction to discontinue, 200. Continuous, easement, 895, 901 and note 2; duty, contract involving performance of, 931, 959, 962. Contract, criminal breach of, 62; ana- lysis of, 492; discharge of, 501; of record, 506; when voidable, 556; caused by mistake, 558; contingent, 567-569; performance of, 570-584; time and place for performing, 574- 576; which need not be performed, 581; relations resembling those created by, 585; consequences of breaking, 588-593; sale of goods, 594-610; sale of immovable property, 768-773; mortgage of immoveable property, 774-799; of debt, 815; lease of immoveable property, 800- 808; exchange, 809; of guarantee, 509, 612; of indemnity, 509, 611; of bailment, 621; of agency, 629- 646; of partnership, 647-655; ac- quisition of property with notice of existing, 876; to buy property to be held on trust, 877; specific perform- ance of, 952-972. Contract Act, 545-657; Introduction to, 491-534.
Contracts, classified, 509; what agree- ments are, 552. Contribution by joint promisor, 573 and note 3; of co-sureties, 619; by mortgagees, 733; to mortgage debt, 790; as between co-trustees, 851; suits for, 585, note 6.
Contributory negligence, 197, note 4. Convenience. See Nuisance. Conversion of property, 245-248. See Breach of trust, Misappropriation. Conveyance, containing false statement of consideration, 255; execution of, 769; to purchaser, 818.
Conviction, offences committed after, 113-114; of partner, 521. Convicts, 492.
Coorg, local laws in, 10; Native Christians in, 484.
Co-owners, transfer by, 763, 764, 765; acquisition of easement by, 900. Co-partners, partner's power to bind, 649.
Copies of title-deeds, 770; beneficiary's right to, 862.
Copy of will, probate of, 439. Copyright, 552, note 1; injunction to restrain piracy of, 986, 987 and
Coroners, 7, 96, note 3. Corporation, may take land by devise, 303; included in person,' 338, 487; may be named executor, 434, note 4; limits of contractual capacity of, 492; acting as bankers, 674; notes etc. made etc. by, 682; enforcement of duty of, 981. See Company, Mort main, Syndics, Ultra vires. 'Corruption,' 'corruptly,' 11. Corruption of blood, 21. 'Corruptly,' 11, 168, 169, 179. Corpses, insults offered to, 32, 202. Costs, 611; of enforcing production of testamentary papers, 448; of probate or letters of administration, 464 and note 4; of indemnity-holder, 611; charge for, 772; of enforcing security, 781, note 1; of mortgagee subsequent to decree, 796; of trustee, 854, 861, note 2; of applications for order to enforce public duty, 982. Co-sureties, release of one, 616; liability of, 619, 620.
Co-trustees, non-liability for default of, 850; several liability of, 851; contribution as between, 851; can- not act singly, 859. Counterfeit, 98; coin, uttering, 186; possessing, 187; property or trade- mark, selling goods marked with,
277; seal, making or possessing with intent to forge, 273, 274. Counterfeiting coin, 184, 185, 186; making or selling instrument for, 185, 190, 191; possessing instrument or material for, 185, 190; stamps, 190; selling, possessing, or using as genuine, 191; mark used for authen- ticating documents, 274-275; trade or property mark, 276, 277- See Coin, Forgery, Government stamp. Coupons, transfer of, 499; not negoti- able, 659, note.
Court-fees, 978, note 3; on certificates, 305.
'Court of Justice,' 95, 96; summons
to produce document in, 155, 156, 157; to attend in, 156; process issued by, 162; contempt of, 183; forging records of, 272. See Con- tempt, Defamation, High Court. Court of Survey, judges and assessors of, 96, note 3.
Court of Wards, 749, 803. 'Cousins,' 376.
Covenanted servant, a 'public servant,'
See Husband, Married
Cow, killing etc., 258. See Mischief. Cowries, 184.
Creation, of agency, 629; of trusts, 839
-841; contract for, 509, 514. Creditors, removal of property to pre-
vent distribution among, 254, 255; preventing debt due to offender being made available for, 255; debtors marrying, 296; legacies to, 426; grant of administration to, 438; priority of, 464, 465; to bring certain payments into account before sharing proceeds of land, 466. See Debt, Guarantee. Crimen expilatae haereditatis, 58. Criminal, act, agent employed to do,
641; breach of trust, 54, 57, 247- 249; force, 46, 224-228; intention, absence of, 116; intimidation, 53, 290, 291; law of India before 1862, 2; matter, no injunction to stay proceedings in, 988; misappropria- tion, 54, 57; trespass, 261-267; tribes, 7. See Compounding, Private defence.
Crops, mortgage of future, 744; evicted transferee's right to, 766; lessee's right to, 802 and note 9. See Culti- vation, Stock on farm. Crossed cheques, 663, 715, 716. Crown, when it succeeds to intestate's
property, 348. See Government. Crown-debts, 465, note 3.
Cruelty to animals, 8, 34. Culpable homicide, 39, 40, 204, 206, note 1, 207, 208, 209, 210. Cultivation, contract for, 960, 961; improper, by intended lessee, 967; injunction to restrain, 985.
Cumulative punishments, 24, 131; lega- cies, 378.
Currency note, when legal tender, 504. Curtesy, tenancy by, 296.
Custody. See Apprehension, Escape, Harbouring.
Custom, of trade, 546 and note I; warranty established by, 607; as to employing sub-agent, 631; permit- ting sale of trusteeship, 875, note I ; immoral, 978, note 3; must not con- travene law, 904, note 10. Customary easements, 907; incidents of, 908.
Customary law, 831. See Usage. Customs duty, 7, 485,490; lien for, 530. Cutting, causing hurt by, 217, 218. Cy-près doctrine, 390, note 5; perform- ance of condition, 398.
Dacoits, belonging to gang of, 244. Dacoity, 59, 65, 243, 244, 245. See Robbery, Theft.
Damages, 611; rules as to, 505; mes- sure of, 518; note, 522,588-592. See Compensation.
Dámdupat, 546, note I.
Dangerous goods, sending by carrier,
Date of negotiable instrument, altera- tion of, 701; presumption as to, 713- 'Daughter' means legitimate daughter, 377. See Children. Days of grace, 660, 662, 680. Deaf-mutes, 13; testamentary capacity of, 355-
Deaf person, will of, 355.
Death, 18, 19, 25; defined, 103, 104, 105; caused by exercise of right of defence, 124, 125; abetting offence punishable with, 132; concealing such offence, 134; acceleration of, 205; caused by rash or negligent act not amounting to culpable homicide, 210; gift in contemplation of, 431; of proposer, 550; of promisor before performance, 519, 570; of surety, 614; of gratuitous bailor or bailee, 624; of pawnee or pawnor, 627, note 6; of principal or agent, 634; agent's duty on principal's, 636; of partner, 521, 652; of drawee, maker or acceptor, 696-7; of person to whom notice of dishonour is sent, 704; of donee be- fore acceptance, 810. See Accident,
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