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note 9.

Partition, creation of easements on a, Pendente lite, administration, 441;
901; of dominant heritage, 913.

transfer, 766.
Partner, marriage of spinster, 296; Pensions, inalienability of, 749.

agreement in restraint of trade, 564; Performance, discharge by, 303; of
responsibility of person leading an. conditions of proposal, 550 ; of con-
other to believe him a, 648; minor, tracts, 570-584. See Neglect, Speci-
647, 648 ; liabilities of, 649; power fic performance.
to bind co-partners, 649; mutual re- Periodical payments, apportionment of,
lations of, 650, 651; duties of, 653;

760.
accounts of, 654; injunction against, Perishable, goods may be sold by finder,
985; restraining defendant from hold- 625; trust property, conversion of,
ing out plaintiff as his, 987. See 845, 846.
Good-will, Lender, Minor, Notice, Perjury, see False evidence; suborna-
Servant, Widow, Winding-up.

tion of, see A betment.
Partnership, 509, 647, 801, note 4; Perpetual injunctions, 937, 983-990.

contract of, 520-522, 650; annul- Perpetuities, rule against, 307, 312,
ment of contract of, 650; dissolu- 387, 752. See Public.
tion of, 296, 652, 653; subsequent Person,' 92, 94, 487.
rights and obligations, 653; wrong. Personal, interest, injunction not grant-
ful employment by partner-trustee ed in absence of, 989; law, 828,831,
of trust property for purposes of, 866. 863; qualifications, contract depen.
See Profit.

dent on, 958; right, 981.
Parts of sets of bills, 17.

* Personal representatives,' bequest to,
Passengers in ships, 7.

374; to A and his, 376.
Pasturage, rights of, 879.

Personation, of soldier, 142; for pur.
Patent, specific performance of contract pose of proceeding in suit, 171 and note

for sale of, 953, note 2 ; injunction to 9; of public servant, 153, 154; of
restrain infringement of, 986 and jurors or assessors, 183; cheating by,

253.
Patent ambiguity, 369.

Petition for probate, 450; for letters
Patwaris, 97, note.

of administration, 451, 452; to be
Pawn, 528.

discharged from trust, 868.
Pawnbrokers, 529.

Petroleum, 7.
Pawnee, repledging or converting goods Pice, when legal tender, 504.

pledged, 529; defined, 626; his Pictures, defamatory, 48.
rights, 528, 627.

Piracy of copyright, injunction to re-
Pawnor, 626; his right to redeem, 627. strain, 986 ; of designation of mang-
*Payee,' defined, 677; certainty as to, facture, 989.
676.

Place for performance of promise, 575.
Payment, of liabilities in respect of See Presentment.

thing bequeathed, 419-421; dis- Plate, counterfeiting a, 273; making or
charge by, 503 ; by mistake or under possessing counterfeit, 273-4; silver,
coercion, 586; in due course, defined, 370, note 2. See Forgery, Govern-
678; presentment for, 695; of amount ment stamp, Trade-mark, Valuable
due on note, etc., 698; when dis- security.
charge, 700, 702; for honour, 711; Plate, for winner of horserace, 566.
into Court of mortgage-debt, 733, 734; Pleaders, to subscribe petitions for
by lessee of money which lessor is probate or administration, 452; their
bound to pay, 802; or tender of, contracts for professional service,
803. See Appropriation.

516; their incapacity to buy action-
Peace, provoking to breach of, 291. able claims, 814; suspension or dis-
See Affray, Riot.

missal of, 1031.
Pegu and Sittang Canal, 10.

Pledge, 626; by possessor of documen-
Penal Code, 91-292 ; Introduction to, tary title to goods, 628; where

1-72; its arrangement criticised, 1; pawnor has only a limited interest,
its history, 71, 72.

628. See Pawn, Pawnee, Pawnor.
Penal law, specific relief not granted to Poison, 8; causing hurt by, 218. See
enforce, 948.

Drug.
Penal servitude, 7, 20, 25, 108.

Poisonous substance, rashness or negli-
Penalty and liquidated damages, 592, gence respecting, 198.

Police, 7, 8, 9, 10,

note 3.

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 1 ; 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, 800; 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, 1o.
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,

208.
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; forin 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,

Professional service, 509, 316.
Profit, on resale, 605; from goods bailed,

624; agent must account for, 637;
partnership implies expectation of,
653, note 1 ; 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, 377;
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; es.
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,

1

475-6.

see

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.

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.
Putfers, 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.

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

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 1.
Quitrents, lien for, 530.
Quorum of executors, 462.

201.

Railway companies, 552, note 1; 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.
Rájputána Agency, 298.
Rajputs, age of marriage amongst, 37,

note 5.
Rangoon, waterworks, 10; mortgage of

property in, 782. See Recorder.
Rape, 47, 333, 234; attempt to commit,

293, note 4.
• Rash,''rashly,' rashness, 11, 12, 197,

211, 221.
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 1.
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 1; 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 executar

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 Dot
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, nort-
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,

note.
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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