Religious endowments, 823 and note, of Natives not transferable, 747, note 2, 748, note I. Religious feeling, offences relating to, 32, 203.
Religious hallucination, 117, note. Religious uses, bequest to, 390. Religious worship, minor's, 856, 857. Remainderman, specific performance enforced by, 965; against, 971. Re-marriage, during lifetime of husband or wife, 281; of widow, does not ex- clude her from administering, 437. Remission of performance of promise, 582 and note 4.
Remote damage, 505, 588.
Remoter parties to bill etc., 687. Remoteness, rule against, 387, 388. 389.
Removal of prisoners, 21; of stamp from document, 191; of thing speci- fically bequeathed, 416. Remuneration, agent's right to, 639; not to partner for acting in partner- ship business, 651; for trustee's ser- vices, 860; of constructive trustee, 878.
Renewal, of mortgaged lease, 779, 784, 946; of lease of trust-property, cove- nant for, 961.
Rent, defined, Soo; seller's duty to pay, 769; remitting through post, 803, note 6.
Rents, bequest of, 423; collecting ar- rears of deceased's, 464; and profits, 750; of mortgaged property, 786; beneficiary's right to, 861. Renunciation by executor, 436; of agent's authority, 634, 635; of lessee's character as such, 806; of beneficial interest, 841; of trust, 859. Repairs, by lessee, 735; of mortgaged property, 787: of property leased, 802, 803; allowance for, 975, note 5; necessary for preserving ease- ment, 911; trustee's power to make, 855 and note I.
Repeal, matters done under enactment before, 490.
Repetition of words in different parts
in same will, 371; of legacies, 378. Repledging goods, 529.
Reports of proceedings of Courts, 286. Representatives, bequest to, 374; be- quest to A and his, 376; of promisors, 570; of pawnor and pawnee, 627, note 6; specific performance enforced against, 971. See Administrator, Executor, Heir. Reputation, forgery for purpose of
harming, 273; of legitimacy, 377. See Defamation, Libel.
Re-sale of goods on buyer's failure to perform, 605.
Rescission, of contract by agreement of
parties, 581; of voidable contract, 583, 584; compensation in case of rightful, 593; of contract of sale of goods, 610; of contracts in writing, 974-976.
Rescripts, imperial, xxvi.
Rescue of prisoners, 181, 182, note I; of state or war, 139. See Escape, Harbouring.
Reservoir, fouling water of public, 196, injuring, 258.
Residuary legatee, 379, 380, 425, 480; grant of administration with will annexed to, 436; when security given by, 472; entitled to produce of resi- duary fund, 475; surplus payable to, 480.
Residue, includes property ineffectually appointed, 379-380; lapse of part of, 381; bequest of, enumerating cer- tain articles, 410; conversion and investment of, 473.
Resistance, to taking property by lawful authority, 160; to lawful apprehen- sion, 181, 182.
Respondentia, 491, 509, 524. Rest, grants of the, 444. Restoration of goods bailed gratuit- ously, 624.
Restraint, wrongful, 221, 222; of mar. riage, 563; of trade, agreement in, 523, 563, 564; of legal proceedings, 564. Restriction, repugnant to
created, 751; on use of land, burden of obligation imposing, 762; not favoured by law, 884: useless, 886. Rests, taking accounts with, 788, note I, 849.
Resulting trusts, 830, 831. Retainer, executor has no right of, 465, 466-7; agent's right of, 639; out of purchase-money of amount of encum- brances, 771.
Retention of property, 98. Retirement from partnership, 652, 1034- Re-transfer, of negotiable instrument, 691-2; of mortgaged property, 795. Return of goods bailed, 624. Revenue, payment of government, 786. See Farmer.
Revenue-authorities, transfer by, 770, note 3.
Revenue-officers trading, 153, note 3. Revenue-sale, charge on proceeds of,
Reversioner, of servient heritage, 906; may sue for specific performance, 965. Review, not of order in summary suit by person dispossessed of immovable property, 950.
Revival of wills, 362, 364, 365; of re- pealed enactments, 489; of ease- ments, 887, 923.
Revocable contract, 959, 961, and note 8.
Revocation, of will, 306, note 2, 357, 362, 363, 364 ; of grants of probate or administration, 445, 446, 457; of acceptance, 493; of proposal, 493; of proposals and acceptances, 548, 549; of continuing guarantee, 613, 614; of agent's authority, 633, 634, 635; of continuing guarantee given to a firm, 654; transfer operating as a, 763; of gift, 811; of trust, 871; extinction of easement by, 918; of license, 925, 926; licensee's rights on, 926. See Marriage. Reward for doing,' 150. Rewards, to constables and seamen, 562,
note 1; for return of lost goods, 625. Riding, rash or negligent, 197. Right, of re-entry for right of condition
subsequent, 748; to sue for compen- sation for fraud or harm, 749; of occupancy, 803; in gross, 880, 895,
'Right heirs,' bequest to, 373. Right of way, extent of, 912; declara- tion that A is not entitled to, 978, 979; injunction to restrain suit for obstructing alleged, 986. Rigorous imprisonment, 20, 25. Riot, assaulting public servant when suppressing, 146; giving provocation with intent to cause, 146; liabilities of owner and his agents for whose benefit riot is committed, 147; dis- obedience causing, 162.
Rioting, 144, 145. See Affray, Unlaw- ful assembly.
Rivers, conservancy of, 8; injuring public, 258; right to enjoyment of water of, 897, note 9. See Mischief. Road, injuring public, 258. See Mis- chief.
Road-cess, lien for, 530.
Robbery, 59, 242, 243, 244, 245. See Dacoity, Extortion, Private defence, Theft.
Rules, power to make, 486; of High Court, 799.
Rumours, circulating false, 291. Running account, mortgage to secure balance of, 788.
Rupee, when legal tender, 504.
Sacred object, destroying etc., 202. Safety, injuring public, 194; rashness or negligence endangering personal, 221; advancement of, 752. See Adulteration, Infection, Navigation, Nuisance, Riding, River. Sailor. See Assault, Desertion, In- subordination, Mariner, Mutiny, Punishment.
Salary of public officer, inalienability of, 749.
Sale, of property bequeathed to several in succession, 410; of stock specifically bequeathed, 418; by executor or ad- ministrator, 461; in execution of de- crees, 511; for arrears of revenue, 511; of the property of proclaimed persons, 511; defined, 510, 594; of goods, 594-610; warranty on, 607-609; by auction, 610; pawnee's right of, 627; of immovable property, 729,768-773; of property subject to prior mortgage, 796; of actionable claim, 814; by trustee directed to sell within speci- fied time, 848; of trust-property, 855, 860; rescission of contract of, 975; injunction to restrain, 984, 985. See Ademption, Alienation, Delivery, Power of sale, Receipt, Registra- tion, Revenue, Sample, Title, War- ranty. Salt, 7, 8.
Salvage, 524, note 3. Sample, sale by, 607.
Sanction of shareholders, directors' con tract without, 961. Sanitary regulation, 8. Sans recours, 691.
Santál Parganas, 512 note. Saráis and puraos, 7.
Satisfaction, bequest in, 476; accept- ance of, 582.
Sattás, 659, note 1.
Savings-bank, deposit of trust-funds in, 826, 848.
Screening offender, 175, 176. Scrip, 659, and note 1.
Sea-mark, exhibiting false, 197; de- stroying, 259. See Mischief. Seal, making or possessing counterfeit, 273; probate and administration granted under, 454, 455; instru- ments under, 465; promises under, 506; not required to protest, 707, note I. See Forgery.
Seamen, breach of contract by, 63; wills of, 360, 361; wages and dis- charge of, 519. See Sailor. Second offence, 113-114; cousins, 376. Secret process, injunction to restrain disclosure of, 987.
Secretary of State in Council 518, 782, 937,981.
Secreting documents to prevent their production as evidence, 171.
'Section,' 103, 489.
Securities for money, 370, note 2. Security, given by residuary legatee, 472; surety entitled to benefit of creditor's, 617; protest for better, 706; insufficient, 780, 782; hazardous, 844; trustee's power to accept, 857. See Conditional sale, Hypothec, Lien, Mortgage, Pawn, Valuable security. Seduction, kidnapping woman for pur- pose of, 230.
Selection, seller's right of, 597. Self-defence, 17. Self-preservation, 18.
Seller, of goods, 595, 596, 598; selection by, 597; lien of, 601; of immovable property, duties of, 730, 769; rights of, 730, 770, 771. See Delivery, Latent defects, Resale, Rescission, Stoppage in transit, Warranty. Selling defamatory matter, 52; printed or engraved substance containing defamatory matter, 289.
Sentence. See Commutation, Forfei- ture, Punishment, Remission. Separate property, 572, note 3; of part- ner, 655.
Separate use, gifts to, 751 and note 3; settlement to woman's, 290. Separation from husband, its effect on wife's domicile, 343; on widow's right to administer, 457. Sepoys, 552, note I. Sepulture, trespass on place of, 32. Servant, possession of, 98; theft by, 239; criminal breach of trust by, 249; domicile of, 342; preferential pay- ment of wages of, 464; damages for wrongful discharge of, 589, note; re- munerated by share of profits of trade, 648; of the Queen, 92, 94. See
Public servant. Service, criminal breach of contract of, 279, 280; of process, 172; contract of, 509. See Agency, Carriage, De- posit, Master and apprentice, Master and servant, Partnership, Profes- sional service, Work on materials. Servient heritage, 894.
Servient owner, cannot require con-
tinuance of easement, 922. Servitudes. See Easements. Servitus stillicidii, 914, note 5, 915, note I.
Set-off, of debts due to agent, 644; of profits against interest, not allowed to trustee, 850.
Sets of bills, 663, 717. 'Settlement,' of minor's property on marriage, 354; barring widow of interest in husband's estate, 437; defined, 947; restrictions on power to make, 727; on marriage, specific performance of, 965; specific perform- ance of testamentary directions to execute a, 972.
Settlement of accounts, trustee's right to, 854.
Sevasthan, 748, note 1.
Severing agent's authority, 635; trus- teeships, 870, note 3.
Share, of profits, no test of partnership, 647; of mortgaged property, redemp- tion of, 777-
Shares, of a railway company, 370, note 2; specific performance of con- tract for sale of, 953; in companies, transfer of, 499.
Shia law, 871, note 3.
Ship, delivery of, 951, note 8; regis- try, 7.
Shipmasters, 519.
Shipowner. See Charterparty.
Ships, destruction of, 7. See Passengers. Shooting, 312; causing hurt by, 217, 218. Short title, xxii.
Shroffs, 673, note, 674.
Sight. See After sight, At sight. Signature, of will, 358; authenticating alteration, 364; of note, 675; of bill, 676; of acceptance, 677; of indorse- ment, 679.
Sikhs, 295; wills of, 314. Silence, fraudulent, 555, 557; guarantee obtained by, 618.
Simple homicide, 39.
Simple imprisonment, 20, 25.
Simple mortgage, 530, 774; sale under, 795.
Simple mortgagee, 781. Sind Frontier, 8.
Sisters, their right to intestate's pro- perty, 351.
Skill required from agent, 637. Slave-trade, 5, 7, 231, note 2. Slavery, 47.
Slaves, importing, buying, selling, etc., 231, 232. See Kidnapping. Slight harm, acts causing, 16, 17, 122. Sodomy, 234.
Soldier, arms of, 7; wearing dress of,
142; privileged will of, 360; instruc- tions for will of, 361. See Assault, Desertion, Insubordination, Mutiny, Punishment.
Solemn affirmation, 103. Solicitor. See Lien.
Special purposes, grant of probate or administration for, 441-443. Specialty debt not preferred in India, 465.
Specific execution, beneficiary's right to, 861.
Specific legacies, 407-410, 409, note 3; ademption of, 414-418; rateable abatement of, 467; produce of, 475. Specific performance of contracts, 952- 972; contracts specifically enforce- able, 952-958; contracts not specifi- cally enforceable, 958-962; discretion of Court as to decreeing, 962-965; who may obtain, 965, 966; who can- not obtain, 966-968; who cannot ob- tain except with a variation, 968– 970; against whom contracts may be specifically enforced, 970, 971; against whom contracts cannot be specifically enforced, 971, 972; ef- fect of dismissing a suit for, 972; of rectified contract, 974.
Specific relief, how given, 947, 948. Specific Relief Act, 945-991; Intro- duction to, 928, 940. Specific remedy, 920. Spirits, 8.
Spring or reservoir, fouling water of, 196. Stabbing, 217, 218.
'Stage of a judicial proceeding,' 166. Stage-carriages, liability of proprietor
Stamps, 7; offences relating to, 31, 32; on negotiable instruments, 664; on lost note, etc., presumption as to, 713. See Government stamp.
State. See Command. State-offences, 7, 27, 28, 136-139, and Arrangement of sections, pp. 77, 78. State-prisoners, 7, 28, note I; allowing escape of, 138, 139; aiding escape of, 139; rescuing or harbouring, 139. Status, declarations of, 978. Statute of Frauds, sec. 5, 6, 12, 19–22, 298, note I; secs. 1, 2, 3, 4 and 7 repealed by Contract Act, 656.
Steam-vessels, inland, 7; survey of, 8, 9, 10.
Stipends to Government pensioners, 749.
Stock, ademption of bequests of, 415, 416.
Stock in company, exoneration of spe- cific bequest of, 420. Stock on farm, 370, note 2. Stocks, confinement in, 23, note 2. 'Stolen property,' 250; dishonestly re- ceiving, 250, 251; habitually dealing in, 251; assisting to conceal, 251. See Receiving.
Stoppage in transit, 602, 605. Straits Settlement, 91, note 3. Strídhana, 553, note 1, 572, note 3. Striking out indorsement, 685-6. Sub-agents, 631, 632; termination of their authority, 636.
Sub-leases, 736, 803, and note 1. Sub-partnership, 651, note 7. Sub-pledge, 628.
Subscription, promise to pay, 1033- Subsequent, buyer, lien against, 602; condition, 756; incumbrancer, 779- 780; mortgagee, 785. Substituted contract, discharge by, 502. Subterraneous channels, 897, note 6. Succession, to immoveable property in
British India, 341; to moveable pro- perty wherever situate, 341; in British India, 343; bequest to two or more in, 410.
Succession Act, Indian, 337-484; In- troduction to, 297-322.
Successors of functionaries or corpora- tions, 490.
Suicide, 209; abetting suicide of child, lunatic, idiot or intoxicated person, 211; of others, 306; attempt to com- mit, 213.
Suit, for administration, 794; for exe- cution of trust, 862; injunction to restrain, 986.
Sum payable under bill etc., certainty as to, 676; stated differently in figures and in words, 679; in case of blank acceptances etc., 679, 680. Summons. See Absconding. Sunday, 681.
Superstitious uses, 390, note 4, 839, note 6; use, 839, note 6. Supplemental grants, 444 (sec. 231), 1033. Supplying words, 367.
Support, 912, note I; prescriptive right to, 883; right to, 897; compensation for removal of, 916; injunction to prevent removal of, 986.
Surety, to administration bond, 256;
may recover payments made on be- half of principal, 573; defined, 612; liability of, 612; death of, 614; dis- charge of, 614, 615, 616; rights of, 617; in case of note, bill or cheque, 684, 685; discharge of, 685; for payment of mortgaged debt, 794. See Guarantee.
Suretyship, 525-527; in case of note etc., 685.
Surprise, 968, note 5, 972. Surrender of lessee's interest, 806, 807; one executor can make, 461; of ease- ments, 885.
Survival of rights of action, 268 and note 3, 460; of powers of several executors or administrators, 462; of trust, 870.
Survivor of joint promisees, 574. Survivorship, 396 and note 3; in case
of bequest to two persons jointly, 381; to described class, 382, 383; of representation of testator, 434-5. Suspension of civil remedy for wrong amounting to felony, 18; of gift, 811; of trustee's powers by decree, 858; of easements, 887, 922; of en- joyment of easement, 905; from prac- tice, 1031.
Table of consanguinity, 346. Tacking abolished, 789.
Tanks, right to take fish or water from, 235, note 5, 879, 895, 1032. Tearing, revocation of will by, 364. Technical words, 366. Telegraph, 7; officers, 97, note. Temporary, Acts, 486; injunctions, 937, 983.
Tenant, by the courtesy, 296; by dower, 296; for life entitled to title- deeds, 950; under a lease, see Lessee; injunction against, 985. Tender, 594; discharge by, 503, 504; of money, 504; right to redeem on, 776; to agent, 798.
Tenor, executor according to the, 433. Tent, theft in, 238; criminal trespass by entering, 261. Termination of agency, 633-636. Terms of art, 366.
Territorial Waters Jurisdiction Act, 6. Testamentary document, 100. See
Testamentary guardian, 242, 356 and note I, 1032.
Testamentary papers, production of, 447.
Theft, 54, 57, 235-239, 242. See Da- coity, Extortion, Robbery, Thieves.
Tidal waters, exclusive right to take fish out of, 895, note 3. Tiled huts, 801, note 3.
Timber, lessee must not fell, 804;
trustee's power to thin, 855, note 1. Time, commencement and termination of, 489; for performance of promise, 574, 575; when essence of contract, 505,578 and note 2; extension of, 582; surety discharged by contract to give, 616; for payment of note or bill not specifying, 679; of acceptance of bill, presumption as to, 713; of transfer of negotiable instrument, presumption as to, 713. See Holidays, Reasonable time.
Time-barred debts, 552, 562; promise to pay, 562.
Time-tables, announcements in, 493,
Title, to thing bequeathed, completing testator's, 420; warranty of, 530, 531; conveyed by seller of goods to buyer, 605, 606; seller's responsi bility for badness of, 607, 769; mort- gagor's, 779; lessor's, 801; of party seeking to redeem, 794; to trust property, trustee to protect, 844; trustee not to set up adverse, 844; vendor or lessor of property to which he knows he has no, 967; not free from reasonable doubt, 967. See Bailment, Short title.
Title-deeds, mortgage by deposit of, 732; production of, 769; delivery of, 770, 795; power to call for, 818; trustee's right to custody of, 852; tenant for life's right to, 950. Tolls on Ganges, 9.
Tort, executor de son, 458. See Actionable wrongs.
Torture, 45, 218, 219.
Trade, public servant unlawfully en- gaging in, 153 and note 3; agreement in restraint of, 523, 563, 564. Trade-marks, using false, 61, 275; counterfeiting, 61, 276; selling goods marked with false, 61, 277; injunc-
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