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tion to prevent invasion of right to, abilities of, 859, 860; proper person
984; injunction to restrain improper to be, 862; vacating office of, 868-
user of, 937, note 1, 987. See For- 870 ; contract improperly made by,
gery, Mark, Property-mark, and Ar- 959; injunction against, 984. See
rangement of sections, p. 88.

Breach of trust, Insolvent, Interest,
Tramways, 8, 9; carriers by, 515.

Profit, Receipt, Sale, Suspension,
Transfer, of partner's interest as such, Waste.

652 and note 6; of note, bill or Trusts Act, 1882, 837-878.
cheque, 678; by act of parties, 726-
729; pendente lite, 729, 766; of pro- Ulterior transfer, 756.
perty, 748; persons competent to Ultra vires, 897, note 2 ; contracts, 959,
make, 749; operation of, 750; oral, 962; injunction to restrain acts, 984.
750; for benefit of unborn, 751; for Unascertained goods, sale of, 595.
benefit of public, 752; to a class, 754;

Unauthorized act, ratifying, 633 ; per.
conditional, 754-757 ; by ostensible son, transfer by, 763.
owner, 762 ; by one co-owner, 763, Unborn person, 751, 752; bequest to, 307.
and see Contents, p. 741 ; by lessee, Uncertainty, will void for, 372; agree-
803; of actionable claims, 813; of ments void for, 365; declaration that
trust-property to beneficiary, 861; of covenant

void for, 979
easements, 907. See Assignment, Unconscionable agreement, 498.

Exchange, Gift, Negotiation, Sale. Underground water, 907.
Transfer of Property Act, 745-816 ; Under-lease, 736 ; effect of surrender
Introduction to, 726–739.

and forfeiture upon, 807, 808.
Transferee, his right under fire-policy, Under-tenant, lien of, 530.

765; rights of lessor's, 804, 805; with Under-writer, 520.
notice, specific performance enforced Undisclosed agent, 644-
against, 971.

Undisclosed principal, 643 ; liability of
Translation of will, 451.

645.
Translator, 165. See Evidence. Undivided family, 831; injunction
Transportation, 19, 25, 107, 108; un- against member of, 985.

lawful return from, 183; wife's domi- Undue advantage, 971.

cile, how affected by husband's, 343. Undue influence, 494, 554; advantage
Transportation for life, abetting offence gained by exercise of, 875, 946. See

punishable with, 132; concealing such Illness.
offence, 134 ; giving false evidence to Unfair advantage, 962; practices, 971.
procure conviction of offence punish- Unfinished goods, sale of, 595.
able with, 167, 168; murder by per- Unity of ownership, extinction of ease-
son sentenced to, 210; attempt to ments by, 920.
murder by person sentenced to, 212. Unity of persons, 296.
See Punishment.

Universal gifts, 737, 812.
Treason, 136, note 4.

Universal legatee, grant of administra-
Treasure-trove, 7, 533, 586, note 4. tion with will annexed to, 436.
Trespass, 60; by co-owner in posses- Universal succession, 295 and note 1.

sion, 202, note 6; lanıllord's suit in, Unlawful assembly, 143-148 ; liability
522 ; possession acquired by, 949, of owner of land on which it is held,
note 1; injunction to restrain, 986. 146, 147. See Hiring, Rioting.

See Criminal trespass, Sepulture. Unlawful consideration, 693; contract,
Trivial offences, 17, 122 and note 1. 975. See Illegal.
Trust, defined, 838, 946; annexed to Unmade goods, sale of, 595.
donation mortis causa, 431, note 6;

Unnatural offences, 34, 234.
contract to create, 514; creation of, Unsound mind, acts of person of, 117
839-842 ; specific performance of and note 2 ; acts done in good faith
act agreed to be done in execution for benefit of, 118. See Idiot, In-

of, 952. See Breach of trust, Petition, sanity, Lunatic.
Trust-property, defined, 838; lease of, Upper Burma, 1ozi.

855, 860. See Loan, Minor, Perish- Usage, as to hundís, 673 ; of trade, 546.
able, Savings-bank.

Useless easement, extinction of, 919.
Trustee, defined, 838, 946; his charge User of easements, 883, 884; of trade-
on trust-property for expenses, 798 ;

mark, 987.
duties and liabilities of, 843-852; Using criminal force,' 224, 225, 226,
rights and powers of, 852-858; dis-

237, 228.

proceedings, 565; where meaning
uncertain, 565 ; by way of wager,
566; to do impossible act, 579; re-
ceipt of advantage under, 583. See
Consideration, Contract.
Void bequests, 307, 385-390.
Void contract, 547.
Voidable contract, 547, 558; caused by

coercion, undue influence, fraud or
misrepresentation, 556 ; where party
refuses to perform promise, 571; in
case of reciprocal promises,577; where
time is of essence, 578; consequences
of rescinding, 583; communicating or
revoking rescission of, 584; contract
of bailment when a, 622 ; suit for

rescission of, 974.
Voluntarily,' 101 ; causing hurt, 216,

217, 218, 220; grievous hurt, 218,

219, 220.
Voluntary, bonds and promissory notes,

465, note 3; settlement, 931-2, 966,

967, 968.
Voluntary alienee, specific performance

against, 970, note 3; settlor, non-en-
forcement of contract of sale or lease
in favour of, 967; injunction against,

985.
Volunteer corps, 7.

•Using force,' 224.
Using stamp previously used, 191.
Usual hours of business, 695.
Usufructuary mortgage, defined, 775,

780, sale under, in redemption suit,
795; mortgagee, 775, 781; mortga-
gor's right to possession, 777; his
suit for redemption, 794; order for

sale, 795.
Usury laws, 512.
Utensils, 370, note 2.
Uttering counterfeit coin, 186.
Vaccination, 8, 9, 10.
Vagrancy. See European vagrancy.
Vakíls. See Pleaders, Publication.
• Valuable security,' 99 and note 2,

254; forgery of, 272; possessing
counterfeit seal with intent to forge,
273 ; known to be forged, possessing
with intent to use as genuine, 274;
fraudulently cancelling, 276. See

Forgery.
Valuation, contract to sell land at a

fair, 959, note 1,
Value, consideration must have some,

497
Valuing annuities, 425, note 2.
Variation, specific enforcement of con-

tract with, 968-970.
Varying terms of contract discharges

surety, 614; way of necessity, 882 ;

investments of trust funds, 856.
Ventre sa mère, child in, 377.
Verification, of translation of will, 451;

of petition for probate, 452.
"Vessel,' 103; rash or negligently navi-

gating, 197; conveying persons in
over-loaded or unsafe, 197; theft in,
338; mischief to, 260; running
aground with intent, 260; criminal
trespass by entering, 261. See Navi.

gation.
Vested interest, 753.
Vesting of legacies, 391–394 ; of trust-

property, 870.
Vibration, right to freedom from, 897.
Violence, imputation intended to excite

mob to, 52.
Violence to the person, 39.
Vis major, 697, note 4, 735, 736, 782,

802, 803 ; alteration of servient heri-
tage by, 919. See Act of God.
Vivum vadium. See Usufructuary

mortgage.
Void agreement, 547; where both par-

ties under mistake of fact, 557; where
object or consideration unlawful, 559-
560; in part, 561 ; where no con-
sideration, 561; in restraint of mar.
riage, 563, of trade, 564, of legal

Wagers, 509, 523 and note 2, 566.
Wages, paid preferentially, 464; sum.

mary jurisdiction in disputes as to,

517 ; of shipmaster, 524.
Waging war against Queen, 136; con-

spiracy for, 136; preparing for, 137;
concealing design of, 137; against
ally, 138.
Waiver, of enquiry, 430, 759; discharge

by, 501, 502; of holder's rights, 502 ;
of presentment for payment, 697; of
protest, 711 ; of forfeiture of lease,

736, 806, 807; of notice to quit, 807.
Want, of skill, compensation to agent

for injury caused by principal's, 641;

of consideration, 686, 687.
'Wantonly,' 11, 146.
Waqf, 748, note 1, 831, 978, note 2.
War, causing dissolution of partner-

ship, 653, note 2. See Prisoner of

war, Waging war.
Ward of Court of Wards, legacy to,

473-4. See Minor.
Warehouse-keeper, criminal breach of

trust by, 249; contract by, 514;
certificate of, 605. See Mischief.
Warranty, 509, 513, 530, 531 ; of title,

607; of goodness or quality, 607; of
soundness of provisions, 607; on sale
by sample, 607; when goods are sold
of a certain denomination, 607; when

note 2.

goods are ordered for specified pur-
pose, 608 ; on sale of article of well-
known ascertained kind, 608; buyer's
right on breach of, 609; of solvency
of debtor, 814 ; of agent's authority,
495.
Waste, mortgagor's liability for, 732 ;

by mortgagor in possession, 780 ;
by mortgagee in possession, 787; by
lessee, 804; trustee to prevent active,
846; by intended lessee, 967; by
Hindú widow, 985; by member of

an undivided family, 985.
Water, fouling, 196; wrongfully di-

verting, 258; right to take, 879, 895;
natural right to, 897. See Lakes,

Ponds, Rivers.
Way of necessity,882; direction of, 903.
Weights and measures, 7; offences re-

lating to, 32, 193.
Welsh mortgage.

See Usufructuary
mortgage.
Wharfinger, 514; criminal breach of

trust by, 249; contract by, 514;
delivery to, 600; certificate of, 605;

lien of,"626.
Whipping, 18, 23.
Whipping Act, 104-107, note.
Whole blood, 300.
Widow, her right to property of in.

testate husband, 300; excluded by
antenuptial contract, 347 ; her share
of intestate husband's property, 348;
grant of administration to, 437, 438;
of partner receiving annuity out of
profits of partnership, 648. See Re-

marriage, Settlement.
Widow-burning, 8, 9.
Widower, rights of, to intestate wife's

property, 300, 354 ; grant of admini-

stration to, 438.
Wife, harbouring husband, 141, 175,

178; domicile of, 343 and notes 3,
4 and 5; may bequeath what she
might have transferred, 355; of at-
testing witness, bequest to, 362 ;
grant of probate or administration to,
434, 435; devastavit by, 304. See
Adultery, Bigamy, Married woman,

Transportation.
Wild animals, 257, note 7, 1032.
"Will,' 100, 338, 489; fraudulent de-

struction of, 61, 275; forgery of,
272; possessing forged will with in-

tent, &c., 274; persons capable of
making, 355 ; obtained by fraud,
etc., 356 ; execution of, 358; pri-
vileged, 360 ; attestation of, 363 ;
revocation of, 357, 362, 363, 364;
alteration of, 357, 364; revival of,
364, 365 ; construction of, 366-384;
lost, 439. See Administration, Attes-
tation, Bequest, Executor, Forgery,
Idiot, Importunity, Probate.
Will-making, origin of, 301.
Wills Act, 298 and note I.
Winding up company, 517; partner.

ship, 655.
Windows, 750.
Without grace, bill drawn payable, 680,
Without recourse,' indorsement, 652.
Witnesses, to will, 358, 362; to mort-

gage, 775. See Evidence, Prevarica-

tion.
'Woman,' 93. See Abduction, Adul.

tery, Insult, Marriage, Married
woman, Miscarriage, Modesty, Prego
Dant, Rape, Seduction.
Womb, child in, 377.
Wording of Codes, xxiii.
Words, supplying, 367; re-occurring in

same will, 371.
Working on materials bailed, 509, 515.
Workmen, breach of contract by, 63.
Worship, assemblies held for, 32; de-

stroying etc. place of, 202; trespassing

on place of, 202.
Writing, contracts required to be made

in, 552 and note 1, 675, 676.
Wrong, executor of his own, 458; trustee

must not profit by his own, 826. See

Actionable wrongs.
Wrongdoers, suit by bailor or bailee

against, 628.
Wrongful confinement, 45, 46, 221, 222,

223, 224; assault in attempting, 228.
Wrongful detention, 98.
Wrongful gain,' 97.
Wrongful loss,' 97, 98. See Cheating,

Mischief.
Wrongful restraint, 45, 46, 221, 222.
• Wrongful retention,' 98.

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Year,' 103, 487

Zanzibar, 3, note 1, 298.

ADDENDA.

P. 1, l. 13, after person insert the section relating to Bestiality is placed in the

chapter headed 'Of Offences against the Human Body': the law as to circulating false rumours with intent to cause a mutiny is in the chapter on Criminal Intimidation, Insult and Annoyance,' instead of the

chapter on offences relating to the Army. P. 7, col. 2, 1. 41, insert Tramways (XI of 1886). P. 10, col. 2, 1. 4, insert Upper Burma Laws Act (XX of 1886). P. 23, note 1, add Pleaders and Mukhtyárs may be suspended from practice

or dismissed under Act XVIII of 1879, secs. 12-15, 26, 33, 34, 39, 40, Pleaders under Bom. Reg. II of 1827, secs. 50, 51, 54, and (in Sind) Bom. Act XII of 1866, s. 16. As to the power of Colonial Courts to suspend advocates, see i Knapp, 267, per Lord Wynford. So with advocates under the Roman law, Dig. 48. 19. 9. pr.

As to the mala praxis justifying suspension, Newton's case, 14 Moore, I. A. 267. P. 23, note 3, add As to Lower Burma, see Act XVI of 1886, sec. 6. As to

Upper Burma, exclusive of the Shan States, see Act XX of 1886, sec. 7,

and Sched. III. P. 30, 1. 36, insert As to the offences which in England are called 'contempts

of Court' the Code is silent, except when the insult or interruption is offered or caused in the face of the Court and in a stage of a judicial proceeding (s. 228). The High Courts in the Presidencies are superior Courts of Record, and as such possess a summary jurisdiction to cause the offender to be instantly apprehended and imprisoned at the judge's discretion, without any further proof or examination ; see 8 Suth. Cr. 32: 4 Cal. 655 : 7 Bom. 1 : 7 Bom. H. C., 0. C. J. 172, and the judgments of Peacock C.J. in William Tayler's case, (Calcutta, Office of the Superintendent of Government Printing, 1869). In Surendra Nath Banerjea's case, L. R., 10 I. A. 171, the Judicial Committee upheld this jurisdiction in case of a libel published out of Court when the Court was not sitting. As to the powers of Presidency Small Cause Courts to deal with contempts, see Act XV of 1882, secs. 83-88. As to Mufassal Courts, 11 Beng. Appx. 37, 39: 2 Beng. A. C. J. 188: 2 Mad. H. C. 319. For the English law,

see Archbold, 754. P. 36, 1. 16, after Adultery insert is certainly a breach of one of those laws

of conduct most needful for social concord“; and it seems strange

that it P. 37, note 4, add As to such marriages between Roman Catholics see the

recent case of Lopez v. Lopez, 12 Cal. 706. P. 37, note 5, add That under the canon law marriages are invalid when the

wife has not completed her age of twelve years, see André, Droit

Canonique, 8. v. Impuissance. P. 70, note 3, add And see 3 Mad. H. C. 8, per Holloway J.: 'A barbarous

code of penal laws was the parent of these doctrines, and the reason disappearing, we see by no doubtful symptoms that the doctrine is disappearing too.'

Spencer, Eccl. Institutions, 814.

.

P. 95, sec. 31. A man may be a 'public servant' though he receives no pay,

8 All, 201. P. 103, note 5, add See further, Lang v. Gubbins, Tayl. & B. 228, per Peel

C.J. P. 114, note 4, add And see as to the section, 9 Mad. 284-5. P, 117, note 2, add And see 10 Bom. 512. P. 151, note 3, add infra, p. 814. P. 159, sec. 179, see 10 Bom. 185. P. 170, notes, col. 1, line 4, after 7 All. 749 insert 8 All. 252. P. 178, note 4, add See also 8 All. 653. P. 194, note 11, add But West J. has recently ruled the contrary, 11 Bom. 59. P. 207, note 2, l. 2, after wife insert And see 8 All. 622, 631. P. 214, line 4, as to the meaning of quick with child' see 9 Mad. 369, where

the learned judges seem to have overlooked the word 'quick.' As to this

see Rex v. Phillips, 3 Campb. 76, 77. P. 235, notes, col. 2, 1, 11, after 390, insert otherwise where the fish are in an

enclosed tank, 10 Bom. 193. P. 248, note 3, add Where the breach is committed by a temple-trustee, the

ordinary criminal law is not excluded by Reg. VII of 1817 or Act XX

of 1863. P. 256, sec. 425. See 12 Cal. 660, where it was held that the damage con

templated in this section need not necessarily consist in the infringement of an existing, present and complete right; but it may be caused by an act done now with the intention of defeating and rendering infructuous :

right about to come into existence. P. 257, note 7, line 3. See 4 Mad. 268, the case of a wild elephant fallen into

a pit dug by A in his own land. P. 258, sec. 430. See 1o Bom. 183. P. 269, note 6. See more as to fraudulent alteration, 9 Mad. 399, following

3

Mad. H. C. 247. P. 289, sec. 500. See 9 Mad. 387, and Act XXV of 1867, sec. 7. The English

Statute 6 & 7 Vic. c. 96 does not apply to India, 9 Mad. 387. P. 295, note 4. For other cases as to the law applicable to Pársís see 3 Bom.

H. C., A. C. J. 113, 115 (marriage): 4 Bom. 537 (succession ab intestato): 5 Bom. 268 (gifts to separate use of women), 506 ( justice, equity, and good conscience '): 6 Bom. 151 (non-application of rule in Shelley's Case),

363 (resulting trusts). P. 316, note 2. As to the legal status of a Hindú administrator, see 8 Bom.

H. C., 0. C. J. 140. P. 317, l. 11. Since the passing of Act V of 1881 the District Courts in

the territories to which it applies) have jurisdiction to grant probate or letters of administration in respect of wills of Hindús made before 1 Sept. 1870, i.e. wills to which the Hindú Wills Act did not apply,

14 Calc. 37. P. 318, note 1. Acts V and VI of 1881 have been extended to the Haidará

bád Assigned Districts, see Gazette of India, 5th Nov. 1881, Part I,

P. 540. P. 356, sec. 47. As words importing the male sex include females (p. 337), this

section enables a mother to appoint a testamentary guardian. P. 383, note 1, add As to gifts to a class, see 12 Cal. 663, questioning the

decisions reported in 2 Cal. 262 and 4 Cal. 455.

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