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tion to prevent invasion of right to,
984; injunction to restrain improper
user of, 937, note 1, 987. See For-
gery, Mark, Property-mark, and Ar-
rangement of sections, p. 88.
Tramways, 8, 9; carriers by, 515.
Transfer, of partner's interest as such,

652 and note 6; of note, bill or
cheque, 678; by act of parties, 726-
729; pendente lite, 729, 766; of pro-
perty, 748; persons competent to
make, 749; operation of, 750; oral,
750; for benefit of unborn, 751; for
benefit of public, 752; to a class, 754;
conditional, 754-757; by ostensible
owner, 762; by one co-owner, 763,
and see Contents, p. 741; by lessee,
803; of actionable claims, 813; of
trust-property to beneficiary, 861; of
easements, 907. See Assignment,
Exchange, Gift, Negotiation, Sale.
Transfer of Property Act, 745-816;
Introduction to, 726-739.
Transferee, his right under fire-policy,
765; rights of lessor's, 804, 805; with
notice, specific performance enforced
against, 971.

Translation of will, 451.
Translator, 165. See Evidence.
Transportation, 19, 25, 107, 108; un-
lawful return from, 183; wife's domi-
cile, how affected by husband's, 343.
Transportation for life, abetting offence
punishable with, 132; concealing such
offence, 134; giving false evidence to
procure conviction of offence punish-
able with, 167, 168; murder by per-
son sentenced to, 210; attempt to
murder by person sentenced to, 212.
See Punishment.

Treason, 136, note 4.
Treasure-trove, 7, 533, 586, note 4.
Trespass, 60; by co-owner in posses-
sion, 202, note 6; landlord's suit in,
522; possession acquired by, 949,
note I; injunction to restrain, 986.
See Criminal trespass, Sepulture.
Trivial offences, 17, 122 and note I.
Trust, defined, 838, 946; annexed to

donation mortis causa, 431, note 6;
contract to create, 514; creation of,
839-842; specific performance of
act agreed to be done in execution
of, 952. See Breach of trust, Petition.
Trust property, defined, 838; lease of,

abilities of, 859, 860; proper person
to be, 862; vacating office of, 868-
870; contract improperly made by,
959; injunction against, 984. See
Breach of trust, Insolvent, Interest,
Profit, Receipt, Sale, Suspension,
Waste.

Trusts Act, 1882, 837-878.

Ulterior transfer, 756.

Ultra vires, 897, note 2; contracts, 959,
962; injunction to restrain acts, 984.
Unascertained goods, sale of, 595.
Unauthorized act, ratifying, 633; per-
son, transfer by, 763.

Unborn person,751,752; bequest to, 307.
Uncertainty, will void for, 373; agree-
ments void for, 565; declaration that
covenant is void for, 979.
Unconscionable agreement, 498.
Underground water, 907.

Under-lease, 736; effect of surrender
and forfeiture upon, 807, 808.
Under-tenant, lien of, 530.
Under-writer, 520.
Undisclosed agent, 644.

Undisclosed principal, 643; liability of,
645.

Undivided family, 831; injunction
against member of, 985.
Undue advantage, 971.

Undue influence, 494, 554; advantage
gained by exercise of, 875, 946. See
Illness.

Unfair advantage, 962; practices, 971.
Unfinished goods, sale of, 595.
Unity of ownership, extinction of ease-
ments by, 920.
Unity of persons, 296.
Universal gifts, 737, 812.
Universal legatee, grant of administra
tion with will annexed to, 436.
Universal succession, 295 and note I.
Unlawful assembly, 143-148; liability
of owner of land on which it is held,
146, 147. See Hiring, Rioting.
Unlawful consideration, 693; contract,
975. See Illegal.
Unmade goods, sale of, 595.
Unnatural offences, 34, 234.
Unsound mind, acts of person of, 117
and note 2; acts done in good faith
for benefit of, 118. See Idiot, In-
sanity, Lunatic.
Upper Burma, 1031.

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

able, Savings-bank.
Trustee, defined, 838, 946; his charge
on trust-property for expenses, 798;
duties and liabilities of, 843-852;
rights and powers of, 852-858; dis-

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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,
238; 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

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.

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

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.
mortgage.

See Usufructuary

Wharfinger, 514; criminal breach of
trust by, 249; contract by, 514;
delivery to, бco; 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.

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'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, Preg-
nant, 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.

'Year,' 103, 487.

Zanzibar, 3, note 1, 298.

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ADDENDA.

P. 1, 1. 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

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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 1 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., O. 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, II 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, s. 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.'

.1 Spencer, Eccl. Institutions, 814.

P. 95, sec. 21. 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 II, add But West J. has recently ruled the contrary, 11 Bom. 59. P. 207, note 2, 1. 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, l. 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 contemplated 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 a 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.

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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., O. C. J. 140.

P. 317, L. II. 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 I. Acts V and VI of 1881 have been extended to the Haidarábád 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. 362 and 4 Cal. 455.

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