Partition, creation of easements on a, 901; of dominant heritage, 913. Partner, marriage of spinster, 296; agreement in restraint of trade, 564; responsibility of person leading an- other to believe him a, 648; minor, 647, 648; liabilities of, 649; power to bind co-partners, 649; mutual re- lations of, 650, 651; duties of, 653; accounts of, 654; injunction against, 985; restraining defendant from hold- ing out plaintiff as his, 987. See Good-will, Lender, Minor, Notice, Servant, Widow, Winding-up. Partnership, 509, 647, 801, note 4; contract of, 520-522, 650; annul- ment of contract of, 650; dissolu- tion of, 296, 652, 653; subsequent rights and obligations, 653; wrong- ful employment by partner-trustee of trust property for purposes of, 866. See Profit.
Parts of sets of bills, 717. Passengers in ships, 7. Pasturage, rights of, 879.
Patent, specific performance of contract for sale of, 953, note 2; injunction to restrain infringement of, 986 and note 9.
Patent ambiguity, 369.
Patwaris, 97, note. Pawn, 528.
Pawnbrokers, 529.
Pawnee, repledging or converting goods pledged, 529; defined, 626; his rights, 528, 627.
Pawnor, 626; his right to redeem, 627. 'Payee,' defined, 677; certainty as to, 676.
Payment, of liabilities in respect of thing bequeathed, 419-421; dis- charge by, 503; by mistake or under coercion, 586; in due course, defined, 678; presentment for, 695; of amount due on note, etc., 698; when dis- charge, 700, 702; for honour, 711; into Court of mortgage-debt, 733,734; by lessee of money which lessor is bound to pay, 802; or tender of, 803. See Appropriation. Peace, provoking to breach of, 291. See Affray, Riot.
Pegu and Sittang Canal, 10.
Penal Code, 91-292; Introduction to, 1-72; its arrangement criticised, I ; its history, 71, 72.
Penal law, specific relief not granted to enforce, 948.
Penal servitude, 7, 20, 25, 108. Penalty and liquidated damages, 592, note 3.
Pendente lite, administration, 441; transfer, 766.
Pensions, inalienability of, 749. Performance, discharge by, 503; of conditions of proposal, 550; of con- tracts, 570-584. See Neglect, Speci- fic performance.
Periodical payments, apportionment of, 760.
Perishable, goods may be sold by finder, 625; trust property, conversion of, 845, 846.
Perjury, see False evidence; suborna- tion of, see Abetment.
Perpetual injunctions, 937, 983-990. Perpetuities, rule against, 307, 312, 387, 752. See Public. 'Person,' 92, 94, 487.
Personal, interest, injunction not grant- ed in absence of, 989; law, 828, 831, 863; qualifications, contract depen- dent on, 958; right, 981. 'Personal representatives,' bequest to, 374; to A and his, 376. Personation, of soldier, 142; for pur- pose of proceeding in suit, 171 and note 9; of public servant, 153, 154; of jurors or assessors, 183; cheating by, 253. Petition for probate, 450; for letters of administration, 451, 452; to be discharged from trust, 868. Petroleum, 7.
Pice, when legal tender, 504. Pictures, defamatory, 48.
Piracy of copyright, injunction to re- strain, 986; of designation of manu- facture, 989.
Place for performance of promise, 575. See Presentment.
Plate, counterfeiting a, 273; making or
possessing counterfeit, 273-4; silver, 370, note 2. See Forgery, Govern- ment stamp, Trade-mark, Valuable security.
Plate, for winner of horserace, 566. Pleaders, to subscribe petitions for probate or administration, 452; their contracts for professional service, 516; their incapacity to buy action- able claims, 814; suspension or dis- missal of, 1031.
Pledge, 626; by possessor of documen- tary title to goods, 628; where pawnor has only a limited interest, 628. See Pawn, Pawnee, Pawnor. Poison, 8; causing hurt by, 218. See Drug. Poisonous substance, rashness or negli- gence respecting, 198. Police, 7, 8, 9, 10.
Police officers trading, 153, note 3. Policies, of marine and fire insurance, assignments of, 499; suits on, 525; cancellation of, 977. Policy. See Public policy. Policy-brokers, lien of, 626. Policy-moneys, transferee's right to, 765; application of, by mortgagee in possession, 787.
Polluting air, extent of prescriptive right of, 913; injunction to restrain, 986 and note 7.
Pollution of water, 905; extent of pre- scriptive right of, 913. Polyandry, 281, note 3.
Ponds, right to water of, 898. Port-commissioners, 552, note I; at Rangoon, 97, note. Portioners, legacies to, 426. Ports, 7.
Possession, proposed definition of, 56, 57, and see 235, notes 4, 5, 431, 605, 628, note 2; violation of rights of, 54; of wife, clerk, or servant, 98; of seller, contract for sale of goods not in, 598; delivery effected by putting buyer in, 599; sale of goods by person in, by owner's consent, 605; to be given to buyer of immoveable property, 769; when usufructuary mortgagor entitled to, 777; mort- gagor redeeming entitled to, 795; lessee entitled to, 801; lessor on de- termination of lease, 802; juridical, 949, note I. See Prescription. Possibility, of matter agreed on, 495; not transferable, 748.
Post, acceptance of proposal by, 549. See Rent.
Post office, 7; not liable for loss, 516. Posthumous child, domicile of origin
of, 340; grandchild, 349. Postponement, of election, 430, 759; of payment or delivery, 594; of prior mortgagee, 788; of day appointed for payment of mortgage money, 792,796. Pound-keepers, 97, note.
Power, of appointment, will made in exercise of, 362, 363; will operating as execution of, 372, 373; of sale, 320, note 1, 461, note 3; mortgagee's, 782, 783, 817; to sell trust property, 855; to revoke transfer of immovable property, transfer by person having, 763. See Lapse, Rules. Power of attorney, 519; service on person holding general, 798. Powers, of executors and administra-
tors, 460-462; of mortgagees, 782, 817; of trustees, 855-858. Practice, in granting and revoking
probate and administration, 447-457; in mandamus, 982. Prayopaveçana, 53.
Preambles, xxii and note 4. Precatory trusts, 840, note 4. Preferential right of executor, 304; of shipmaster, 524. See Wages. Pregnant woman, 19.
Premature applications for injunctions, 989, note 9.
Premium, 524; defined, Soo; payment or tender of, 803.
Prescription, 71; acquisition of ease- ments by, 882, 883, 904; rights which cannot be acquired by, 906, 907; extinctive, 886, 921. Presentment for acceptance, 694; drawee's time for deliberation, 695, 700; when drawee has no fixed residence, 696; or is dead or insol- vent, 696-7; reasonable time for, 709.
Presentment for payment, 695; during what hours, 695; of note etc. payable by instalments, 696; of instrument payable at specified place, 696; where maker etc. has no fixed place of residence, 696; of cheque, 696; of instrument payable on demand, 696; where drawee etc. is dead or insolvent, 696, 697; when unneces- sary, 697 and note 4; in case of lost bill, 699; reasonable time for, 709. Presentment for sight, 694-5. Presidency,' 94.
Presidency Banks, 552, note I; powers of officers of, 664.
Presidency towns, mortgage of pro- perty in, 782.
Presumptions, as to knowledge or waiver in case of election, 430, 759; as to contract binding agent, 643; as to negotiable instruments, 663, 664, 713, 714; as to foreign law regard- ing notes, bills, and cheques, 719; that transfer was made with intent to defraud, 767; as to advantages gained by trustees from their bene- ficiaries, 832; in case of breach of contract to transfer property, 952. See Date, Holder. Presumptive heir, 978, note 1. Pretence. See Cheating. Pretended biddings, 610, 963, note 5. Pretium affectionis, 951, note 3. Prevarication by witness, 183. Preventing service or publication of summons, 155; event on which con- tract is to take effect, 577. Preventive relief, 948.
Previous convictions, 113, 114, note 4.
Price of goods, ascertaining amount of, 596; by the Court, 599. Price of work, summary decision in disputes as to, 517. Principal and abettor. See Abetment. Principal and agent, defined, 629; who may be principal, 629; ratification by, 632, 633; revocation by, 634, 635; liabilities of, 641, 642, 646, 1033. See Agency, Agent. Principal and surety, 573; parties to bills etc. in relation of, 684, 685. Principal contracts, 509. Principal debtor, 612.
Printing, defamatory matter, 52, 289. See Defamation, Obscenity. Prior disposition not affected by in- validity of ulterior, 756.
Prior parties to negotiable instrument, liability of, 684.
Priority of rights created by transfer, 765; of mortgagee, 788. Prisons, 9, 10.
Prisoners, 7; of war, 138, 139; wills of,
356. See Parole, Rescue, State prisoners.
Privacy, easement to restrain interfer-
ence with, 881; rights of, 907, note 4. Private defence, right of, 17, 122-126,
Privileged wills, 302, 360.
Prizes, public offer of, 493, note 2; taken in war, 823 and note 2, 838. Probate, 339; grant of, 433-435; necessity of, 435; effect of, 435; of copy of lost or withheld will, 439; of contents of lost will, 439; limited, 441; with exception, 443; of the rest, 444; amending or revoking grant of, 445; practice in granting or revoking, 447-457; conclusiveness of, 449; form of grant of, 454. See Caveat.
Probate and Administration Act, 1881, 317-321.
Procedure in suits on negotiable in- struments, 664; in suits between mortgagor and mortgagee, 734; in the enforcement of public duties, 982 and note 3. See Civil Procedure Code.
'Proceedings,' 490 and note 2. Produce, of fund, bequest of, 453; of legacies, 475; of residuary fund, 475-6.
Production, of testamentary papers, 447; of bill etc. when payment demanded, 699.
Profession, effect on domicile of resi- dence in exercise of, 341; agreement in restraint of, 563-4.
Professional service, 509, 516.
Profit, on resale, 605; from goods bailed, 624; agent must account for, 637; partnership implies expectation of, 653, note I; trustee not to use trust funds for his own, 860; when co- partner trustee of, 946. Profits à prendre, 880. Prohibition of partnership-business, 653 and note 2.
Promise, 546; express or implied, 551; to compensate for something done for promisor, 564; to pay time-barred debt, 564; refusal or disability to perform, 571; employing competent person to perform, 572; accepting performance from third person, 572; joint-promise, 572-3 ; time and place for performing, 575; reciprocal, 576- 578; to do impossible or unlawful act, 579; alternative, 580; remit- ting performance of, 582. Promisee, 546; when he can end con- tract, 571; accepting performance from third person, 572; his right against joint promisors, 572-3; neglecting to afford promisor reason- able facilities, 584; in a contract of indemnity, 611.
Promisor, 546; representatives of, 570; refusing to perform, 571; ex- cused by promisee's neglect to give facilities to, 584. See Joint promise. Promissory note, 509; defined, 675; custom of shroffs as to, 674, note; holder of, 677; negotiation of, 678; when payable on demand, 660, 679; maturity of, 680, 681; presentment for sight of, 694; presentment for payment of, 695. See Inchoate stamped instruments, Maker, Nego tiable instrument.
Promoters of company, extravagant contract by, 962; specific perform- ance of contract by, 966, 970. Proper care and caution,' 116, note 2. Proper time and place, 575. Property, offences against, 53, 235- 267, and see Arrangement of sec- tions, pp. 85-87; public servant unlawfully buying or bidding for, 153; protection of deceased's, 448; general transferability of, 748; who may transfer, 749; operation of trans- fer of, 750. See Formalities, Goods, Immoveable property, Transfer. Property-mark, 275-278, and Arrangement of sections, p. 88; counterfeiting, 62, 276; removing or defacing, 278. See Counterfeiting, Forgery, Mark, Trade-mark,
Proposal, 493, 546. See Acceptance. Proposer, death or insanity of, 550. Prosecution with intent to injure, 173. Prostitution, selling or buying minors
for purposes of, 232; recognised by Hindú law, 496.
Protection of property of deceased, 448.
Protest, 706-708, 711; when notary's
services cannot be obtained, 663. See Drawee in case of need. Province, 338 and note 2. See Probate. Provisions, implied warranty on sale of, 607. See Food.
Provocation, 207, 220, 221, 226, 227, 228. See Insult, Riot. Proxy, appointment of, 859.
Public,' 94; abetting commission of offence by, 133; transfer in per- petuity for benefit of, 752.
Public charges, seller's duty to pay, 769; payable by buyer, 771; payable by mortgagor, 779. Public convenience, 194, 197. Public curator, 860.
Public decency and morals, 34; offences
affecting, 200, 201; and see Arrange- ment of Sections, p. 82. Public duties, bond for performance of, 592; enforcement of, 980-982. Public entertainment, transfer of li- cense to attend place of, 924. Public functionaries, injunctions to re- strain acts of, 987, note 6. Public good, imputations made for, 286. Public health, 33; offences affecting, 194-197; and see Arrangement of sections, p. 82. Public holidays, 681, 709. Public justice, offences against, 30, 171-183; and see Arrangement of sections, pp. 80, 81. See False evi- dence, Public servant.
Public morals, offences affecting, 200,
'Public nuisance,' 194, 200.
Public office not transferable, 749. Public performance, opinion respecting merits of, 287.
Public policy, 559, note 4.
Public question, opinion respecting con- duct touching, 286.
Public safety, 33; offences affecting, 197-199.
'Public servant,' 7, 95, 96 and notes, 123, 1032; offences by or relating to, 29, 149-163; and see Arrangement of sections, p. 79; wearing garb or carrying token resembling one used by, 154; authorised to administer oaths, 158, note 6; criminal breach
of trust by, 249; opinion respecting conduct of, 286. See Abetment, Affray, Assault, Bribe, Conceal- ment, Escape, Framing incorrect document, Gift, Gratification, Per- sonation, Riot, Salary, Trade. Public tranquillity, 28, 29; offences against, 143-148; and see Arrange- ment of sections, pp. 78, 79. Public transfer, 729, 739.
Public way, causing injury or obstruc- tion to person in, 197, 198. Publication, of summons, 155; of papers or letters, injunction to restrain, 985, 987, 988.
Puffers, 610 and note 2, 963. Punishment, theories of, 26. Punishments, 104-114, and see Ar- rangement of sections, pp. 75, 76; under Penal Code, 18; classified list of, 25, 26; for making false aver- ments in petitions etc. and in Succes- sion Act, 452.
Purchase by executor or administrator of deceased's property, 461. Purchase-money, payment or tender of, 771; application of, after sale under power, 783, 818. See Price. Purity of water, right to, 897.
Qualifications, contract depending on personal, 958.
Qualified acceptance, 701; indorsement, 690, 691.
Qualified owner, advantage gained by, 876.
Quality, warranty of, 531.
Quarantine, 7; rules, disobeying, 195. Quarries, which lessee must not work, 804.
Quasi-contracts, 533, 534, 585-587, 1033; damages for failure to dis- charge obligation, created by, 588. Quasi-easements, 901. Quasi-trusts, 830.
'Queen,' 94; waging war against, 136. 'Queen's coin,' 184. See Coin.
Questions, refusal to answer, 159; which seller must answer, 769. Quieting title, 935.
Quiritarian ownership, 821, note I. Quitrents, lien for, 530. Quorum of executors, 462.
Railway companies, 552, note I; bail- ments to, 515, 662, note 3. See Cloak-rooms, Shares, Time-tables. Railways, 3, note 1, 7; in Native ter- ritory, 3, note 1, 298; mortgage of, 781. See Receiver.
Railway servants, 97, note.
Rainwater, 895, note 4.
Ráj, when inalienable, 749, note. Rajputána Agency, 298.
Rajputs, age of marriage amongst, 37, note 5.
Rangoon, waterworks, 10; mortgage of property in, 782. See Recorder. Rape, 47, 233, 234; attempt to commit, 293, note 4.
Rash,'' rashly,' rashness, 11, 12, 197,
Rash driving, riding, and navigation in public way, 197. Rashness, as to poisonous substance,
128; endangering human life, or personal safety of others, 221. Ratification, 509, 531, 532; of agent's act, 632, 633.
Ready money, includes balance at banker's, 370, note 2.
Reallast, 895, note 6, 911, note 4. 'Reason to believe,' 98.
Reasonable compensation, 592, note 3. Reasonable construction, 371. Reasonable misapprehension, 968, note 6. Reasonable opportunity of inspection, 571 and note 3. Reasonable price, 599. Reasonable time, carrier must deliver within, 515; engagement to be per- formed within, 575; for presentment, giving notice of dishonour, and noting, 709.
Receipt, for purchase-money, 817; co- trustee joining in, 851; in full, 854,
note 5; trustee's power to give, 857. Receipts from mortgaged property in lieu of interest, 788.
Receiver, 817,819, 863, note 4; of profits
of railway, canal, etc., 781, note 5; appointment of, 936, 980. Receiving property taken by war or depredation on friendly power, 138; stolen goods, 59, 250, 251. Reciprocal promises, 547; performance of, 576, 577, 578, 580. Réclusion, 44, note I.
Recognizances, putting under, 18, 592. Record, framing incorrect, 153; of Court, forgery of, 272; contract of, 506.
Recorder of Rangoon, 339. Recoupment of trustee for erroneous over-payment, 853.
Rectification of instruments, 973, 974. Re-delivery to bailor without title, 625.
Redemption, right of, in case of pledge of goods, 627; in case of mortgage of immoveable property, 776, 777 and
note I; suit for, 776; parties to suit for, 791; who may sue for, 794; pur- chaser's right to compel, 956. See Deposit, Foreclosure, Tender. Redraft, 712.
Re-entry, right of, 748. Re-exchange, 712.
Referee in case of need, see Drawee in case of need.
Reference, to arbitration, 565. See In- corporation.
Reformatory, schools, 7, 18, 519; settle- ments, 18.
Refunding of legacies, when executor may require, 478-480.
Refusal to answer public servant, 159; to sign statement when required by public servant, 159; to take oath or affirmation, 158, 159; to accept offer of performance, 570; to perform promise in its entirety, 571; of promisee to facilitate performance, 584; to accept where goods not ordered are sent with goods ordered, 610; of one of several donees, 811. Regimental necessaries, 8, 142, note 2. Register of birth, etc., forgery of, 272. 'Registered,' defined, 747, 768, 775, 801.
Registered letter, presentment by means of, 662.
Registering officers, 97, note. Registration, of documents, 7; of births and deaths, 9; of agreement made on account of natural affection, 562; of instruments of sale, 768, mort- gage, 775, and lease, 801; of declara- tion of intention to retain discon- tinuous easement, 886, 921. Registration Act, 519, note 7. Registration-office, 976; officers, 97,
Reimbursement, of person paying money due by another, 585; of expenses, trustee's right to, 852 and note 2. Rejection, of erroneous parts of descrip- tion, 367, 368; of part of will, 371. Relapse, 24.
Relations, bequest to, 373. Release, dishonest, 255; of debt due to deceased, 271; discharge by, 506; of one joint promisor, 574; of prin- cipal debtor, 615; of one co-surety, 616; of maker, acceptor, or indorser, 700; of easements, 885; extinction of easements by, 917, 918.
Relief against forfeiture for non-pay- ment of rent, 736.
Religion, 202, 203; advancement of, 752.
Religious assembly, disturbing, 202.
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