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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.

See

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.

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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

carriers.

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-

vant,' 21.

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,

145.

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

vires.

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,

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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.

Coolies, 8.

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

note I.

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,'

21.

Coverture.

Woman.

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,

515.

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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