Abandonment of children, p. 215. Abatement, of annuity bequeathed, 425; of general legacies, 466; of specific, 467; of demonstrative, 411, note 2; of obstruction of easement, 885, 916; of price as compensation to buyer, 954. Abduction, 230, 231. See Forced labour, Kidnapping, Slave. Abetment, 65, 66, 67, 127-135, and see Arrangement of sections, p. 77; of waging war, 136, 138; of mutiny, 140; of assaults by soldiers and sailors, 140; of desertion, 141; of in- subordination, 141; of counterfeiting coin out of British India, 186; of suicide, 211, 212. See Concealment, Public servant, Suicide. Abortion, 44, 213, 214. See Mis- carriage.
Absconding to avoid service of sum- mons, 155 and note 2. Abu and Anadra, 3. Acceleration of death, 205. Acceptance, of proposal, 493, 548, 550;
of performance from third person, 572; of satisfaction, 582; of goods on breach of warranty, 609; of gift, 810, 811; of bill, 684; delivery to com- plete, 689; to pay at specified place, 696; cancellation of, 700; qualified, 701; after alteration, 702; presump- tion as to time of, 713; presentment for, 694; by drawee in case of need, 711; of bill in set, 717; of trust, 841. See Drawee, Election, Gift, Holder, Revocation, Sale.
Acceptance for honour, 710, 711.
Acceptor,' defined, 677; liability of, 683-685; where indorsement is forged, 686; where drawer fictitious, 686, 687; holding bill at maturity, 702; estoppels binding, 714. 'Acceptor for honour,' defined, 677;
his liability, 710; presentment to charge, 711; estoppel binding, 714. Accession to mortgaged property, 778, 784; to property leased, 802. Accessories, 64, 66. See Abetment.
Accessory contracts, 509; rights, 910; extinction of, 887, 922; licences, 924. Accident, 12, 117; causing death by, 39, 207.
Accommodation bill, 685, note 1, 687,
note I ; when overdue or dishonoured, 693; when presentment for payment unnecessary, 697; when notice of dishonour unnecessary, 704. Accomplices, 64, 65.
Accord and satisfaction, 506. Account stated, 509, 532. Accounts of deceased's estate, 463; of agent, 638; to be rendered by part- ners, 652, 654; of mortgagee in pos- session, 787, 788; of trustee, 846. Accretion. See Alluvion. Accumulation of income, 307, 312, 389, 727, 752, 753.
Accusation in good faith, 288. Achandrärkam, 312. Acharita, 53.
Acknowledgment of testator's signa- ture, 358 and note 8. Acquiescence in continuance of broken contract, 571; ratification implied by, 633; in continuing breach of obli- gation, 989; circumstances constitut- ing, 989, note 5.
Acquisition of easements, 900–907. 'Act,' includes omission, 100; effect caused partly by act and partly by omission, 100; done by several in fur- therance of common intention, 100; several persons committing criminal act, IOI.
Act of God, 503, note I, 579. See Vis major.
Actionable claims, 738; incidents of, 750; transfers of, 813-875. See Debt. Actionable wrongs, xix, 72; fraudulent representation of agency, 495. See Assault, Bailee, Bailor. Active concealment, 555. Ademption, 306, 406, 413-418. Administration, with copy of copy an- nexed, 433; necessity of, 435; to
whom it cannot be granted, 435; rights under letters of, 435; acts not vali- dated by, 436; where executor has not renounced, 436; with copy of will annexed, 436; to legatee, 436, 437; to creditor, 437, 438; to widow, 437, 438; to husband, 438; to mother, 438; to kindred, 438; in case of person domiciled abroad, 438; until will is produced, 439; to at- torney, 440; during minority, 440; until one of several minors attains majority, 440,441; for use and benefit of lunatic jus habens, 441; pendente lite, 441; limited, 442, 443; subject to exception, 443, 444; when limited grant has expired, 444; practice in granting, 447-457. See Alteration, Revocation.
Administration-bond, 455; assignment of, 456.
Administration-suit, 794. Administrator, 339, 443; rights of, 433, 457; acts of, 436; powers of, 460, 462; duties of, 463-467; of effects unadministered, 462; specific per- formance enforced against, 971. See Administration, Representatives. Administrator-General, 7, 153, note 3, 304, 305, 869. Admiralty jurisdiction, 5. Adopted son, 489.
Adoption, non-enforcement of mere agreement to adopt, 958, note 7; declaration of invalidity of, 979. See Authority to adopt, Forgery. Adoptive father, 485, 489. Adulterating food, drink, or drugs, 195, 196.
Adultery, 35, 36, 283; excludes widow
from administration, 437; with part- ner's wife, 653, note. See Marriage. Advancement of children, 300; not brought into hotchpot, 353; provision for, 761, 856, 857.
Advantage, secretly gained by com- pounding creditor, 877; unfair, 962. Advantages arising from situation, 896, 897.
Advertisement of dissolution of partner- ship, 655, note 2.
Advice of Court, trustee's right to apply
Advocacy, contract concerning, 560,
Affidavit, 489; by applicant for order
to enforce public duty, 981, 982, Affirmation, 452; included in oath,'
103, 489; refusing to make, 158. Affirmative easements, 881.
Affray, 148; assaulting public servant
when suppressing, 146; disobedience tending to cause, 162. See Riot, Unlawful assembly.
'After sight,' 680; presentment for ac- ceptance of bill payable, 694; pre- sentment for payment of note pay- able, 695.
Agency, contract of, 519, 520, 629- 646; termination of, 633, 634- Agent, 629; of owner of land on which riot etc. takes place, 146,147; criminal breach of trust by, 249; contracts by, 495, 642; damages for wrongful discharge of, 589, note 1; who may employ, 629; who may be, 629; his authority, 629, 630; compensation to, 635, 641; his right to retain moneys received, 639; when his re- muneration becomes due, 639; in- demnification of, 640-641; lien of, 640; his duty to principal, 636, 637; skill and diligence required from, 637; exceeding authority, 642; no- tice to, 643; when bound by contract on behalf of principal, 643; Liability of pretended, 645; misrepresentation or fraud by, 646; when remunerated by share of profits of trade, 648; his power to make etc. notes, bills, and cheques, 682; his liability thereon, 682, 683; presentment to, 696; ser- vice on, 798; misconduct of, a de- fence to suit for specific performance, 971-972, or for an injunction, 989. See Breach of trust, Partners, Princi- pal, Riot, Sub-agent, Unlawful as- sembly.
Aggravated forms of trespass, 61. Agreement, 492, 547; discharge of con- tract by, 501, 502; of which object or consideration unlawful, 559, 560; when a contract, 552; without con- sideration, 562; in writing registered, 562; to compensate for something done, 562; to pay time-barred debt, 562; in restraint of marriage, 563; in restraint of trade, 563, 564; in restraint of legal proceedings, 564; to refer to arbitration, 565. See Altera- tion, Consideration, Void agreement, Waiver.
Agricultural purposes, buildings for, 804; leases for, 808.
Aid. See Abetment. Aiding, 127; aiding escape of prisoners of state or war, 139. See Abetment. Air, right to, 885, 897; right to purity of, 897; extent of right to passage of, 912; injunction to restrain pollu- tion of, 986.
Ajmer and Merwára, local laws in, 10.
Aleatory gain, 509, 523.
Alien enemies, 492.
Alienation, 509; condition restraining, 750; making interest terminable on attempted, 751. See Assignment, Gift, Exchange, Sale, Transfer. Aliens, 492, 862.
Allonge, 679, note 2; to Government securities, see Addenda.
Alluvion, 735, 802, 884, 887; increase of easement by, 913. See Accession. Ally of the Queen, 138. Alteration, of document in material
part, 269; of will, 357, 362, 364; in grants of probate or letters of ad- ministration, 445; of terms, discharge by, 502; discharge of contract by, 508; in material parts, 570, note 2; of partnership contract, 650; of ne- gotiable instrument, 701 and notes 3 and 4, 702; of servient heritage, 919. See Acceptance, Coin, Forgery. Alternative, bequest in the, 375. Alternative prayer for rescission in suit for specific performance, 976. Alternative promise of which one branch is illegal, 580. Alyasantāna, 283, note 8. Amalgamation of companies, 970. Ambassadors, 4 and note 2; domicile
Ambiguous clauses, 371; instrument, 679.
Americans punishable with transporta- tion instead of penal servitude, 20, 108.
Amount stated differently in figures and in words, 679.
Ancestral land, contract to sell, 959, note 3.
Ancestral trade, 652, note 4. Ancillary contracts, 525-533. Andaman and Nicobar Islands, local laws in, 10.
Animal, definition of, 11, 103; negli- gence with respect to, 199; killing or maiming, 257, 258; trust for, 838, note I. See Mischief. Animus domini, 56, note 1. Annoyance by drunken person, 292. See Insult, Intimidation. Annuity, bequest of, 424, 425; pay- ment and apportionment, 471; agree- ment to pay life, 523, 524; out of profits of partnership, 648; specific performance of contract to grant, 953-4; contract to pay for life of A and B, A being dead, 962. See Abatement, Interest, Investment. Annulment of grants of probate or
administration, 445; of contract of partnership, 650; of sale, condition for, 974, note 6.
Anomalous mortgages, 797. Anonymous communications, 291. Apparent easements, 895.
Appeal, from orders of district judge under Succession Act, Part xxxi, 457; from order relating to discharge of encumbrances on sale, 773; none from order in summary suit by person dispossessed of immoveable pro- perty, 949.
Application, for probate or letters of administration, 448-450; for per- formance of promise, 575; for de- livery of goods, 601; for order en- forcing public duty, 980, 981. See Appropriation.
Appointment, power of, 362, 372, 373; of executor, 433; of new trustees, 868, 869; of receiver, 936, 980. Apportionment, of annuities, 471; of premia paid on entering partner- ship for fixed term, 522; of com- pensation between bailor and bailee, 628; of benefit of obligation, 727, 760; of periodical payments on trans- fer, 727, 760; of consideration. 764; of premium or rent, 805; of profits of intermixed trust-funds, 865, note 5. Appraisers and bailiffs of Presidency Small Cause Courts, 96, note 3. Apprehension, offences relating to, 161- 162, 177, 179, 180, 181. Apprenticeship contracts, 519, 552,
Appropriation, ascertainment of goods by subsequent, 596, 597; of pay- ments, 581; of money received by receiver, 820.
Aquae ductus, 908, note 2, 909, note 4. Arbitration, submission to, 296; refer-
ence to, 552, note I; contract to re- fer to, 565, 959 and note 7; trustee's power to submit to, 857.
Arbitrator, when a 'public servant,' 96; false evidence before, 165. Armenians, xxi; law relating to, 295 and note 3. Arms Act, 7.
Army, offences relating to, 28, 140- 142, and see Arrangement of sections, 78, and False reports.
Arrangement, of Codes, xxiii; of Penal Code, 1; importance of methodical, 72.
Arrears, of annuity, 477; of rent, 805. Arrest. See Apprehension, Escape. 'Articles of domestic use,' 370, note 2. Articles of war, 141; Native, 7.
Artificers' contracts, 7, 63. Artificial water-courses, 897, note 8. Artisans, wages of, 464. See Artificers. 'As of right,' 904, note 9. Ascertainment, of price, 596; of goods contracted to be sold, 596, 597. Asiatic power, waging war against, 138. Assam, local laws in, 10.
Assault, 46, 226, 227, 228; by soldier or sailor on superior officer, abetting, 140; on Governor-General, etc., 137; on public servant when suppressing riot, 146; when executing his duty, 227; on woman to outrage modesty, 227; on person with intent to dis- honour, 228; in attempting theft or wrongful confinement, 358; non-sur- vival of right to sue for, 460. See Private defence, Punishment. Assembly, 143, 145; for purpose of dacoity, 245. See Unlawful as- sembly.
Assent, 493; to a legacy, 462, 468–470. Assessment of compensation, 957 and note 3.
Assessor, a 'public servant,' 96; per- sonating an, 183. See Court of sur- vey.
Assets, commission on, 305; distribution
of, 478, 479; extent of represent- ative's liability depends on, 570, note 3; of partnership, 655; injunction to restrain untrustworthy executor from getting in, 984.
Assignee of insolvent, 697; specific performance enforced against, 970,
Assignment, of administration-bond, 456; of contractual rights and liabili- ties, 498, 511; by operation of law, 499; of bill of lading defeats right to stop in transit, 603. See Covenants, Negotiation, Reversioner, Transfer. Assize of novel disseisin, 929. Associate with widow in administra- tion, 438.
Association included in 'person,' 94, 338, 487. 'At sight,' 680.
Atmosphere, making obnoxious to health, 197. See Air.
'Attached to the earth,' 747, 750, 802. Attachment of mortgaged property, 797. Attempt, 1, 43, 67–70, 119, 293; to wage war, 136, 138; to restrain exercise of lawful power, 137; to rescue cer- tain prisoners or prevent recapture, 139; to seduce soldiers or sailors, 140; to commit murder, 212, 215; to commit culpable homicide, 213; to commit suicide, 213; to commit rob-
bery, 243; to commit offences punish- able with transportation or imprison- ment, 293.
Attestation of wills, 358, 359, note 2, 362; of alterations in wills, 364; of mortgages, 775; of gifts, 810. Attorney, criminal breach of trust by,
249; costs of, 516; liens of, 546, note 1, 626 and note 4; power of, 520. Attorney of absent person, grant of administration to, 440.
Auction, 493, note 2; sale of goods by, 610; trustee's power to sell by, 855; puffing at, 963. See Biddings. Auctioneer, effect of mistake by, 972. Author, no specific performance of his contract to complete a book, 960. Author of the trust, 838, 840, 841, 843, 870. Authority, undue influence by person in, 554; to complete inchoate nego- tiable instrument, 679. See Agent, Partner.
Authority to adopt, forgery of, 272. Awards, specific performance of, 972 and note II.
Bai bil wafá. See Conditional sale. Bail-bond, 592.
Bailee, 621; delivery to, 621; care to be taken by, 622; making unautho- rised use of goods bailed, 622; mixing goods, 623; his right to expenses, 624; death of, 624; liability of, 624; when not responsible for wrong de- livery, 625; lien of, 626; his suit against wrong-doers, 628. See Bail- ment, Bailor, Pawnee.
Bailiffs, their incapacity to buy action- able claims, 814. See Appraisers. Bailment, 621; when voidable, 622;
when terminated by death, 624; by several joint owners, 625. See Pledge. Bailor, 621; must disclose faults, 621; to repay necessary expenses, 623; en- titled to profit from goods bailed, 624; responsibility of, 625; his suits against wrong-doer, 628. See Pawnor. Balance of account, lien for, 626; due on mortgage, decree for, 793. Bangalore, 298.
Bank. See Banker, Presidency banks, Savings-bank.
Bank post-bills, 664 and note 2. Banker, 514, 674; criminal breach of trust by, 249; loan to, 521; lien of, 626; as drawee of cheque, 683, 700; when indorsement forged, 700; negli- gently dealing with bill presented for payment, 697; his rights and liabili- ties in case of crossed cheques, 716;
disclosing state of customer's account, 946. See Breach of trust, Care- taking, Cheque, Drawee. Bankruptcy. See Insolvency. Baptism, forging register of, 272. See Forgery. Baroda, 3.
Barrister, defined, 489; domicile of, 341; his incapacity to contract for his fees, 492, 516.
Bars of house, 750. Barter, 510, 594, note 2.
Bastard, domicile of origin of, 341; be- quest to, 367, 377. Battery, 46.
Bearer, bill drawn payable to, 660, 676 and note 2; cheque payable to, 660; bill indorsed in blank payable to, 692; payment of bill to, 700. Believe, reason to, 98. Benámí, 821. See Quasi-trust. Beneficial interest, 823; defined, 838; right to transfer, 862. Beneficiary, defined, 838; rights of, 861-866; liability of, 866, 867; rights and liabilities of transferee of, 867.
Benefit, act done in good faith for, 120. Bequests, void, 385-390; with directions
as to application or enjoyment, 404, 405; onerous, 395; contingent, 396, 397; conditional, 398-403; to an executor, 406; exoneration of, 419- 421; of things described in general terms, 422; of the interest or pro- duce of a fund, 423; of annuities, 424, 425; for illegal purpose, 874. See Legacies.
Bestiality, 234, and Addenda. Betrothal, contract of, 958, note 7. Bets, 566, note 3. See Wager. Better security, protest for, 706. Bhaunagar-Gondal railway, 3. Biddings, pretended, 610. Bigamy, 34, 35. See Marriage. Bill of exchange, defined, 676; parties to, 682-688; negotiation of, 689-693; presentment of, 694-697; payment of and interest, 698; lost, 699; dis- charge from liability on, 700-702; dishonour of, 703, 711; notice of dis- honour of, 703-705; noting and pro- testing, 706-708; acceptance and pay- ment for honour of, 710; compensa- tion in case of dishonour of, 712; special rules of evidence as to, 713, 714; in sets, 717; foreign, 718, 719. See Hundís, Maturity, Notaries. Bill of lading, 515, 659; in case of stop- page in transit, 603; title conveyed by possessor of, 605 and note 2;
pledge of, 628; construction of, see Addenda.
Bills of Exchange Act, 1882, 665. Birth, concealing, 318; forging register of, 272. See Miscarriage.
Blank, filling up, 679, 680; indorse- ment in, 692. Blindness, 355. Board and lodging, 464. Boats, 8.
Bodily distress, undue influence in case of, 554.
Body-snatching, 32.
Boilers, 8, 9, 10.
Bombay, Baroda and Central India Railway, 3.
Bombay Presidency, old penal law of, 2, 3; local laws in, 8. Bona fides. See Good faith. Bona vacantia, 832.
Bond, negotiable, 659. See Adminis- tration-bond, Bail-bond. Bonitarian ownership, 821, note I. 'Books,' 370, note 2; of partnership, 521. Bottomry, 257 and note 1, 491, 524. Boundaries, expense of making, 785. Bovill's Act, 648, note 1.
Breach of contract, effect of, 504, 505, 571; of promise to marry, 513; when time of essence, 578; consequences of, 588-593; no injunction to prevent, when contract not specifically en- forceable, 988. See Compensation, Warranty.
Breach of trust, criminal, 247-249; de- fined, 838; liability for, 848, and see 989; liability of beneficiary joining in, 866, 867; disadvantageous con- tract amounting to, 962; injunction to prevent, 984, 985, and note 1. See Theft.
Breaking open closed receptacles, 266– 267. See Criminal trespass.
Bribe, in respect of official act, 149, 150, 151; offering a, 130, 133. See Grati- fication, Public servant. Bribing public servants, 29. Bridge, injuring, 258. See Mischief. 'British India,' 94, 338, 488. Broker, criminal breach of trust by, 249; lien of, 626.
Brothers, their right to intestate's property, 351.
Buddhist, 295, 483; will of, 210, 314;
administration to intestate, 315-321; law saved, 747, 812; gift by, 812,
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