tion to prevent invasion of right to, 652 and note 6; of note, bill or Translation of will, 451. Treason, 136, note 4. donation mortis causa, 431, note 6; abilities of, 859, 860; proper person Trusts Act, 1882, 837-878. Ulterior transfer, 756. Ultra vires, 897, note 2; contracts, 959, Unborn person,751,752; bequest to, 307. Under-lease, 736; effect of surrender Undisclosed principal, 643; liability of, Undivided family, 831; injunction Undue influence, 494, 554; advantage Unfair advantage, 962; practices, 971. 855, 860. See Loan, Minor, Perish-Usage, as to hundís, 673; of trade, 546. able, Savings-bank. Value, consideration must have some, Valuing annuities, 425, note 2. Varying terms of contract discharges of petition for probate, 452. gating, 197; conveying persons in Vested interest, 753. Vesting of legacies, 391-394; of trust- Vibration, right to freedom from, 897. Violence to the person, 39. Vis major, 697, note 4, 735, 736, 782, Void agreement, 547; where both par- proceedings, 565; where meaning Void bequests, 307, 385-390. Voidable contract, 547, 558; caused by 'Voluntarily,' 101; causing hurt, 216, Voluntary alienee, specific performance Volunteer corps, 7. Wagers, 509, 523 and note 2, 566. Waging war against Queen, 136; con- Waiver, of enquiry, 430, 759; discharge Waqf, 748, note 1, 831, 978, note 2. Ward of Court of Wards, legacy to, goods are ordered for specified pur- Waste, mortgagor's liability for, 732; Way of necessity, 882; direction of, 903. See Usufructuary Wharfinger, 514; criminal breach of Whipping Act, 104-107, note. Widow, her right to property of in- Wife, harbouring husband, 141, 175, 178; domicile of, 343 and notes 3, Wild animals, 257, note 7, 1032. tent, &c., 274; persons capable of 'Without recourse,' indorsement, 652. 'Woman,' 93. See Abduction, Adul- Words, supplying, 367; re-occurring in Working on materials bailed, 509, 515. stroying etc. place of, 202; trespassing Writing, contracts required to be made Wrongful confinement, 45, 46, 221, 222, 223, 224; assault in attempting, 228. Wrongful restraint, 45, 46, 221, 222. 'Year,' 103, 487. Zanzibar, 3, note 1, 298. 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 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. 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. |