Offence, Operation of law, Private

defence.
'Debenture,' 370, note 2; of Secretary
of State in Council, assignment of,
499; not a promissory note, 659, note.
De bonis non, grants, 444.
Debt, release of, 296; bequest of, 412;
incidents of, 750; liability of trans-
feree of, 814; mortgage of, 815;
power to allow time for payment of,
857; injunction to restrain suit for,
986. See Agreement, Debtor, Debts.
Debtor, marrying creditor, 296; be-
coming creditor's legal representative,
874-

Debts,' 370, note 2; of deceased, 463,
466; of partnership, partners' lia-
bility for, 649; payment of partner-
ship, 655; payment of partners', 655;
mortgage of, 738, 815; transfer of,
498, 813; trust for payment of, 843,
871; compounding, 877.

Deccan Agriculturists Relief Act, 512,
776.

Deceased, misappropriating property
of, 247.

Deceased partner, liability of estate of,
654.

Deceased wife's sister, marriage with,

37, note 4, and Addenda.
'Deceitful means,' 230.
Decency. See Nuisance, Obscenity.
Declaration before a public servant, 103
and note 4, 169; of desire to acquire
Indian domicile, 344. See False
evidence.

Declarator, Scotch action of, 934, 935.
Declaratory decrees, 934-936, 978-980.
Decrease in value of property sold, 771.
Decree, fraudulently suffering, 172;

fraudulently obtaining, 173; dis-
charges right of action arising from
breach of contract, 506; assignment
of, 552, note 1; in foreclosure suit,
791; for sale, 792; in redemption
suit, 794, 795.

Deed, fraudulent, 255. See Fraudulent
dispositions.

Defamation, 47-52, 285-289, and Ar-

rangement of sections, p. 89; non-
survival of right to sue for, 460.
Defamatory matter, injunction to re-
strain publication of, 988, and note I.
Defective title, rent bona fide paid to
holder under, 765; improvements
made and crops sown by holder
under, 766; contract to sell or let
by one having, 932, 967.
Defects in property, disclosure of, 769;
in property leased, 801; duty of
grantor of license to disclose, 925.

Defence. See Private right of defence.
Definition. See Explanation.
Degrees of kindred, 345, 346.
Delay of carrier, 515; in suing for
specific performance, 932, 962, note
6; circumstances constituting, 989,
note 5.

Delegation of authority, 631; of trust,
859.

Deliberation, drawee's time for, 695,
700.

Delirium, contract by person in state of,
553-

Delivery of goods sold, 594, 599; post-
ponement of, 595; to wharfinger or
carrier, 600; application for, 601;
time and place of, 601; of note, bill
or cheque, 689; negotiation by, 689;
on payment of note, bill, or cheque,
699; of possession, 769; of specific
movable property, 951.

Demand, instruments payable on, 679.
Demonstrative legacies, 411, 412; non-

ademption of, 414; right under, 467.
Dependent relative revocation, 363,
note 5.

Deposit of will, 390; after probate, 433,
514, 624; of title-deeds, mortgage
by, 775; in Court of mortgage-
moneys, 790, 791; of trust-money in
savings-bank, 826, 848.

Depredation on territories of friendly
power, 138.

Deputies, of official superior, 489.
Derivative executorship, 304.
'Descendants,' 376.

Description in will of property, 372.
Deserters, 7; harbouring, 141; con-
cealing, 141.

Desertion, abetting, 141; of children,
437, note 5.

Destination du père de famille, 901,

note 2.

Destroyed will, probate of, 438.
Destruction of will, 363; of goods sold,
597; of goods bailed, 622; of im-
moveable property sold, 771; of mort-
gaged property, 782; of immoveable
property leased, 802; of servient
heritage, 883; of dominant or servi-
ent heritage, 920; of part of subject
of contract, 959; of partnership
property, 985; by Hindú widow, 985;
by member of undivided family, 985.
See Impossibility.

Detention, in a reformatory, 18, 24;
in reformatory settlements, 18.
Deterioration, by use, 97, note 5; of
thing bailed, 622.

Determination of lease, 805 and note
5, 806.

Devastavit, husband's liability for, 304;
executor's liability for, 481, 482.
Devasthana, 748, note I.
Device. See Forgery, Mark.
Devolution of joint rights to claim
performance, 574.

Dharna, sitting, 53, 291.

Digging sand or gravel, injunction to
restrain, 984.

Diluvion, diminution of dominant heri-
tage by, 913.

Directors, in position of trustees, 874,
note 8; mandamus to enforce rights

of, 982; injunction to restrain, 984.
See Companies, Dividend.
Disability, election postponed in case
of, 430, 759.

Disaffection, imputations intended to
excite, 52.
Dísah, 298.

Discharge, of contract, 501; of surety by
creditor's act or omission, 616, 617;
from liability on notes, bills, or
cheques, 685, 700-702; of incum-
brances on sale, 772, 773; of trustee,
868; of co-trustee, 870.
Discipline, want of, 141.

Disclaimer by beneficiary, 841; of trust,
842.

Discontinuous easement, 895,901, note 2.
Discretion as to decreeing specific per-

formance, 962; as to making declara-
tory decrees, 978 and note 3; of
public body, 988, note 4.
Discretionary power, 859.
Disfiguration when 'grievous hurt,'
216.

'Dishonestly,' 98.

Dishonour, assault with intent to, 228;
by non-acceptance, 703; by non-
payment, 703; by drawee in case of
need, 711; presumption as to, 713,
714. See Protest.

Dislocation, when 'grievous hurt,' 216.
Dismissal of suit for specific perform-

claims of which executor has notice,
478-9.

District delegates, 447, 449.
District judge, 328, 488; his jurisdie-
tion in granting and revoking pro-
bate and administration, 447, 448,
449; to protect deceased's property,
448; administration-bond to, 445;
to file original wills, 456; appeals
from, 457.

Disturbance of easement, 884, 885, 915,
916.

Dividend, injunction to restrain pay-
ment of, 984.

Divine displeasure, inducing one to be-
lieve that he will by offender's act
become object of, 291.

Divorce, effect on wife's domicile, 343;
on her right to administer, 437, note
5; non-survival of right to sue for,
461.

Dock-warrants, 605, 659 and note 3.
'Document,' 98, 99; framing incorrect
with intent etc., 153; omitting to
produce, 156; fabricating, 165; de-
stroying, 171; making false, 264, 273;
known to be forged possessing with
intent to use as genuine, 274. See
Certificate, Cheating, Forgery, and
Arrangement of sections, p. 88.
Domestic servants, 517, breach of con-
tract by, 63, 64, 464 and note 6.
Domicile, 299, 340-343, and Arrange-
ment of sections, p. 322; acquisition
of new, 341; continuance of new,
342; payment of debts in accordance
with law of deceased's, 495. See
Divorce.

Dominant heritage, 894.

Donations mortis causa, 309, 431, 432.
'Donee,' 'donor' defined, 812.
Doors, 750.

Double ownership in English trusts,
821, note I.

Doubt as to which of several offences
a person is guilty, 112; title free
from reasonable, 967.
Dower, 296, 299; deferred, 529, note 9.
Dower Act, 296, note 2, 298.
Draft of lost will, probate of, 439.
Drainage, obstructing public, 259. See
Mischief.

Dramatic performances, 7.
'Drawee,' defined, 677; acceptance by
person other than, 684; his time for
deliberation, 695, 700.

'Drawee in case of need,' 677, 711.
Drawee of cheque, his liability, 683.
'Drawer,' defined, 676; liability of, 683,
684, 685.

Driving, rash or negligent, 197.

Drugs, adulterating, 195, 196; selling
adulterated, 196; selling one drug
as another, 196.
Drunken person, annoyance by, 53, 292.
Drunkenness, 13, 117 and note 3, 118,
355; contracts by person in state of,
553. See Annoyance, Intoxication.
Dumbness, 355.

Duplicate of lost bill, holder's right to,
662, 687, 688.

Duration of lease, 800; of lease for
a year, 805.

Duress. See Coercion.

Duties, of executors and administra-
tors, 463-467; of trustees, 843-848.
See Public servant.

Duty of customs or excise, 490.

Ear, privation of hearing of, 216.
Earnest, 594 and note 4; charge for, 772.
Easements, 880; imposition, acquisition,

and transfer of, 899-907; transfer of,
748, 750, 907; disturbance of, 915,
916; incidents of, 908-914; ex-
tinction, suspension, and revival of,
917-923. See Abatement.
Easements Act, 892-927; Introduction
to, 879-888.

East Indians, xi, xxi; Succession Act
applies to, 295, 337.

Education of minor, 856, 857.
Effacing writing from stamped sub-
stance, 191.

Effects unadministered, grants of, 444.
Election, under a will, 308, 427-430;

under a transfer, 727, 758, 759; by
creditor, to charge agent or principal,
645; by minor partner, 649; by lessee,
804, 805. See Postponement.
Elephants, 7; killing etc., 258. See
Mischief.

Emasculation, 216.

Embankments, 8, 9, 911, note 4.
Embezzlement by public servants, 8.
Emblements, 735, 778, note 3, 802 and
note 9.

Emergency, agent's authority in, 630.
Employers and workmen, 517.
Emigration, 7, 8, 552, note 1.
Emigration-officers, 96, note 3.
Encroachment, by tenant on adjoining
land, 804, note I ; on property leased,
803, 804.

Endorsement, Endorsee. See Indorse-
ment, Indorsee.

Enforcement of public duties, 936, 980.
Engagement, 575, 772.

English mortgage, 775; between Hin-
dús, 775, 782; foreclosure or sale
under, 795.

Engraving defamatory matter, 289.

Enjoyment, bequest with direction as
to, 404.

Enlarging time. See Extension, Post-
ponement.

Enquiry as to subject or object of will,
etc., 362.

Enticing away married woman, 283.
Entireties, estate by, 296.
Entry of lessor, 736, 803.
Epistulae. See Rescripts.
'Equally,' 381.

Erasure of mark denoting that stamp
has been used, 192; in will, see Al-
teration, Obliteration.

Escape, from custody, 181; of prisoners
of state or war, 138, 139; negligently
suffered by public servant, 180, 182;
harbouring persons escaping from
lawful custody, 117; suffering, 179,
180. See Rescue, Return from trans-
portation.

Escheat, 21; of beneficiaries' interest,
832.

Estate tail, cannot be created by will,
375.

Estoppel as to notes, bills, and cheques,

663, 664; against denying validity
of note, bill, or cheque, 714; against
denying capacity of payee to endorse,
714; against denying signature of
prior party, 714; tenancy by, 803
note I; acquisition of easement by
882; fed by subsequently acquired
interest, 956, note 3.

Eunuchs, 229, note 2. See Emascula-
tion.

Eurasians. See East Indians.

European vagrancy, 7.

Europeans punishable with transporta-
tion, 20, 108; Succession Act applies
to, 295, 337.

Eviction, licensee's rights on, 927.
Evidence of commission of offence,
causing disappearance of, 169; de-
stroying, 171; when admissible in
case of ambiguity, 369; of contents
of lost will, 439. See Burden of proof,
Estoppel, False evidence, Presump-
tion, Witness.

Evidence Act, as to terms of contract,
501; as to negotiable instruments,
664.

Exception, grants of probate or admi-
nistration with, 443, 444. See
General exceptions.

Excess of agent's authority, 642.
Excessive force, 123, note 5.

Exchange, 510, 594, note 2, 809.
Exchanges, 737.

Excise, 7, 8, 9, 10, 490.

Exciting disaffection, 137, 138.

Exclusion of day on which term com-

mences, 805.

Excommunication, etc., 33, 228, note 2.
Execution, of unprivileged wills, 358;

of privileged wills, 360, 361; of order
enforcing public duties, 982. See
Attestation.

Executive government, 94.
Executor, 339; bequests to, 308, 406;
assets vest in, 433; probate to, 433,
434; appointment of, 433; renuncia-
tion by, 436; powers of, 460-462;
duties of, 463-467; assent of, 468-
470; payment by, 470; liable for
devastavit, 481; specific performance
enforced against, 970, note 2; in-
junction against, 984. See Assets,
Legal representative, Refunding.
Executor of his own wrong, 306,458,459.
Exoneration of legacies, 419-421.

Expecting to be a public servant,' 149.
Expenses, of funeral, 474; of obtaining

probate or administration, 474; to be
repaid by bailor, 623, 624.
Expiry of term of partnership, 653; of
lease, 805-6.

Explanation of words and terms, 93-
103.

Explosive substance, 7; rash or negli-
gent conduct respecting, 198, 199 and
note 2; causing hurt by, 217, 218;
mischief by, 259, 260.

Export of counterfeit coin, 186.
Exposure of children, 44, 215.
Express promise, 551.

Expulsion of partner, 652 and note 3.
Extension of time for performing
promise, 582; for payment of mort-
gage-money, 792.

Extent of easements, 884, 912.
Extinction of trusts, 871; of easements,
885, 917. See Merger.
Extinctive prescription, 886.
Extinguishment of rights of action on
bill in acceptor's hands, 702.
Extortion, 58, 59, 218, 219, 239-242.
See Robbery.
Extradition, 6, 7, 177.

Extraordinary expenses, to which
pawnee entitled, 627.
Extraordinary partnerships, 655.
Extra-territorial offences, 6; operation
of Penal Code, 4, 5.

Eye, destroying, 216.

'Factory,' 370, note 2.
Factory Acts, 33.

Failure of consideration, total, 686;
partial, 687.
Faith.

See Good Faith.

False averment in petition for probate,
etc., 452.

False certificate, issuing or signing, or
using as true, 168.

False charge with intent to injure, 173.
False claim in court, dishonestly mak-
ing, 173.

False document, 268, 269. See 'Docu-
ment.'

False entry in books, 165.
False evidence, 30, 164-169, and see
Arrangement of sections, p. 80.
False information, to public servant,
157, 158, 159, 160; respecting offence
169, 170.

False lights, marks, or buoys, 197.
False marks on packages, 277, 278.
False reports, circulating with intent,
53, 291.

False statement, on oath to public ser-
vant, 159; in declaration, receivable
in evidence, 169.

'False weights,' 'false measures,' 193.
Family, bequest to, 373.

Family compromise, 953, note 4.
Family idol, trust for maintenance of
821 and note 5.

Farcy. See Glanders.

Farmer of defaulting estate, 749.
Father, 489; his right to intestate's
property, 351; his obligation to sup-
port his children, 585 and note 4-
Fear. See Coercion.

Feelings, wounding, 202; wounding re-
ligious, 203.

Fees for medical attendance, 464.
Female infants, 7.

Ferries, 8, 9, 10.

Fictitious name, acceptance of bill
drawn in, 686.

Fictitious payee, 676, note 2.
Fiduciary, advantage gained by, 874,
875, 946.

Fiduciary relations, undue influence in
case of, 554; frequent in India, 821.
Fighting, disturbing public peace by,
148; culpable homicide while, 209.
Filing wills, 246.

Finder of goods, 533; responsibility of,
586; rights of, 625. See Criminal
misappropriation.

Fine, 22, 23, 26; amount of, 109, 110;
levy of, 111; recovery of, 490. See
Punishment.

Fire, rash or negligent conduct respect-
ing, 198; mischief by, 259, 260. See

Food, adulterating, 195; selling nox-
ious, 195.

Forbearance of creditor to sue principal
debtor, 616.

Forbidden by law, 559, note 1.
Force. See Coercion, Compulsion, Crim-
inal force, Unlawful assembly.
Forced labour, 233.

Foreclosure or sale, mortgagee's right

to, 780, 781; order for, in redemp-
tion-suit, 795.

Foreclosure-suit, parties to, 791; decree
in, 791; sale in, 793. See Deposit,
Mortgagee, Mortgagor, Notice.
Foreign bills, protest of, 707.
Foreign country, trust of land situate
in, 824, 839.

Foreign currency, 675, note 3.
Foreign domicile, 862.

Foreign Government, no injunction to
interfere with sovereign acts of, 988.
Foreign instrument, 678.
Foreign jurisdiction, 7.
Foreign law, as to notes, bills, and
cheques, 719.

Foreign merchant, liability of agent
contracting for, 643.
Foreign recruiting, 7.

Foreign stamp laws, 644, 719, note 2.
Foreigners, 4, 7, 177, note I.

Forest officers, 96, note 3; trading, 153,
note 3.

Forest produce, lien on, 530.
Forests, 7, 8, 9, 10.

Forfeiture, 21, 26, 109; by mutineers,

7; for waging or preparing to wage
war, 136, 137; for depredation, 138;
removing property liable to, 171;
fraudulently claiming property liable
to, 172; disobeying law or framing
record in order to save property
from, 178; of lease, 736; of lessee's
interest, 806; for non-payment of rent,
relief against, 807; of beneficiary's
interest, 826, 851, 852; specific per-
formance of contract involving, 963,
note 6. See Waiver.
'Forged document,' 273; cancellation
of, 934, 977. See Forgery.

Forged indorsement, 686; on cheque,
701; cancellation of, 934, 977.
Forgery, 61, 268, 275.

Form of caveat, 453; of grant of pro-
bate, 454; of grant of administration,
455.
Formalities necessary for execution of
wills, 302; of donations mortis causa,
309; of contract, 496, 497; of leases,
801; on declarations of trust, 840.
Fractions of terms of punishment, 108.
Fracture, 'grievous hurt,' 216.
Framing incorrect document with in-
tent, 153.

Framing incorrect record with intent,
etc., 178.
Franchise, 981.

Fraud, 98, note 2, 494, 824; will
obtained by, 356; performance of
condition prevented by, 403; in
obtaining probate or administration,
445; defined, 555; consent caused
by, 556, 557; in selling goods, 608;
in pledging goods, 628; of sub-agent,
631; of agent, 646; of co-partner,
liability for, 649; negotiation ob-
tained by, 693; inalienability of
right to sue for compensation for,
749; of prior mortgagee, 788; of trus-
tee, 854; on the public, contract in-
volving, 966, note 7.

Fraudulent alteration, 269, and Ad-
denda.

Fraudulent claim to property to pre-
vent seizure, 254.

Fraudulent deed, 254, 255. See Dis-
position of property, Fraud.

Fraudulent dispositions, 172, 254, 255.
Fraudulent insolvency, 60.

Fraudulent removal of property, 171,

172, 254, 255.

Fraudulent transfers, 206, 255, 729, 767,
975.
'Fraudulently,' 98; suffering a decree
for sum not due, 172; obtaining de-
cree for sum not due, 173.
Free consent, 552, 553.
Freight, lien for, 529, note 5.
Freighter. See Charter-party.
Frivolous complaints, 17, 122.
Fugitive offenders, 7.

Fugitive Offenders Act, 1881, 177.
'Funds,' 370, note 2.

Funeral ceremonies, interruption of,
32, 202, 203.

Funeral expenses, 464.

Funeral of deceased, 463; of minor,
856, 857.
Furnaces, 8.

Further assurance, contract for, 509.
Future advances, mortgage to secure, 788.