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INDEX.

Abandonment of children, p. 215. Accessory contracts, 509; rights, 910;
Abatement, of annuity bequeathed, 425; extinction of, 887, 922; licences, 924.

of general legacies, 465; of specific, Accident, 12, 117; causing death by,
467; of demonstrative, 411, note 2; 39, 207.
of obstruction of easement, 885, 916; Accommodation bill, 685, note 1, 687,

of price as compensation to buyer, 954. note 1; when overdue or dishonoured,
Abduction, 230, 231.

See Forced 693; when presentment for payment
labour, Kidnapping, Slave.

unnecessary, 697; when notice of
Abetment, 65, 66, 67, 127-135, and see dishonour unnecessary, 704.

Arrangement of sections, p. 77 ; of Accomplices, 64, 65.
waging war, 136, 138; of mutiny, Accord and satisfaction, 506.
140; of assaults by soldiers and

Account stated, 509, 532.
sailors, 140; of desertion, 141 ; of in. Accounts of deceased's estate, 463 ; of
subordination, 141; of counterfeiting agent, 638; to be rendered by part-
coin out of British India, 186; of ners, 652, 654; of mortgagee in pos-
suicide, 211, 212. See Concealment, session, 787, 788; of trustee, 846.
Public servant, Suicide,

Accretion. See Alluvion.
Abortion, 44, 213, 214,

See Mis- Accumulation of income, 307, 312, 389,
carriage.

727, 752, 753.
Absconding to avoid service of sum- Accusation in good faith, 288.
mons, 155 and note 2.

Achandrārkam, 312.
Abu and Anadra, 3.

Achārita, 53.
Acceleration of death, 205.

Acknowledgment of testator's signa-
Acceptance, of proposal, 493, 548, 550 ; ture, 358 and note 8.

of performance from third person, Acquiescence in continuance of broken
572; of satisfaction, 582; of goods on contract, 571; ratification implied
breach of warranty, 609; of gift, 810, by, 633; in continuing breach of obli-
811; of bill, 684; delivery to com- gation, 989; circumstances constitut-
plete, 689; to pay at specified place, ing, 989, note 5.
696; cancellation of, 700 ; qualified, Acquisition of easements, 900-907,
701; after alteration, 702 ; presump- 'Act,' includes omission, 100 ; effect
tion as to time of, 713; presentment caused partly by act and partly by
for, 694 ; by drawee in case of need, omission, 100 ; done by several in fur-
711; of bill in set, 717; of trust, 841. therance of common intention, 100;
See Drawee, Election, Gift, Holder, several persons committing criminal
Revocation, Sale.

act, 1o1.
Acceptance for honour, 710, 711. Act of God, 503, note 1, 579. See Vis
* Acceptor,' defined, 677; liability of, major.
683-685; where indorsement is

Act of honour, 707.
forged, 886; where drawer fictitious, Actionable claims, 738; incidents of,
686, 687; holding bill at maturity, 750; transfers of, 813-875. See Debt.
702; estoppels binding, 714.

Actionable wrongs, xix, 72; fraudulent
Acceptor for honour,' defined, 677; representation of agency, 495. See
his liability, 710; presentment to Assault, Bailee, Bailor.

charge, 711; estoppel binding, 714. Active concealment, 555.
Accession to mortgaged property, 778, Ademption, 306, 406, 413-418.

784; to property leased, 802. Administration, with copy of copy an-
Accessories, 64, 66, See Abetment. nexed, 433; necessity of, 435; to
VOL. I.

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whom it cannot be granted, 435; rights
under letters of, 435; acts not vali-
dated by, 436; where executor has
not renounced, 436; with copy of
will annexed, 436; to legatee, 436,
437; to creditor, 437, 438; to widow,
437, 438; to husband, 438; to
mother, 438; to kindred, 438; in
case of person domiciled abroad, 438;
until will is produced, 439; to at-
torney, 440; during minority, 440;
until one of several minors attains
majority, 440,441; for use and benefit
of lunatic jus habens, 441; pendente
lite, 441; limited, 442, 443; subject
to exception, 443, 444; when limited
grant has expired, 444; practice in
granting, 447-457. See Alteration,

Revocation.
Administration-bond, 455; assignment

of, 456.
Administration-suit, 794.
Administrator, 339, 443; rights of, 433,

when suppressing, 146; disobedience
tending to cause, i62. See Riot,

Unlawful assembly.
"After sight,' 680; presentment for se-

ceptance of bill payable, 694; pre-
sentment for payment of note pare

able, 695.
Agency, contract of, 519, 520, 629–

646; termination of, 633, 634
Agent, 629; of owner of land on which
riot etc. takes place, 146, 147; criminal
breach of trust by, 249; contracts
by, 495, 642; damages for wrongful
discharge of, 589, note 1; who may
employ, 629; who may be, 629; his
authority, 629, 630; compensation
to, 635, 641; his right to retain
moneys received, 639; when his re-
muneration becomes due, 639; in-
demnification of, 640-641; lien of,
640; his duty to principal, 636, 637;
skill and diligence required from,
637 ; exceeding authority, 642; no-
tice to, 643; when bound by contract
on behalf of principal, 643; Liability
of pretended, 645; misrepresentation
or fraud by, 646; when remunerated
by share of profits of trade, 648; his
power to make etc. notes, bills, and
cheques, 682 ; his liability thereon,
682, 683; presentment to, 696; ser-
vice on, 798; misconduct of, a de-
fence to suit for specific performance,
971-972, or for an injunction, 989.
See Breach of trust, Partners, Princi-
pal, Riot, Sub-agent, Unlawful as-

sembly.
Aggravated forms of trespass, 61.
Agreement, 492, 547; discharge of con-

tract by, 501, 502 ; of which objeet
or consideration unlawful, 559, 360 ;
when a contract, 552; without con-
sideration, 562; in writing registered,
562 ; to compensate for something
done, 562; to pay time-barred debt,
562; in restraint of marriage, 563;
in restraint of trade, 563, 564; in
restraint of legal proceedings, 564; to
refer to arbitration, 565. See Altera-
tion, Consideration, Void agreement,

Waiver.
Agricultural purposes, buildings for,

457; acts of, 436; powers of, 460,
462; duties of, 463-467; of effects
unadministered, 462; specific per-
formance enforced against, 971. See

Administration, Representatives.
Administrator-General, 7, 153, note 3,

304, 305, 869.
Admiralty jurisdiction, 5.
Adopted son, 489.
Adoption, non-enforcement of mere

agreement to adopt, 958, note 7;
declaration of invalidity of, 979. See

Authority to adopt, Forgery.
Adoptive father, 485, 489.
Adulterating food, drink, or drugs, 195,

196.
Adultery, 35, 36, 283; excludes widow

from administration, 437; with part-

ner's wife, 653, note. See Marriage.
Advancement of children, 300; not

brought into hotchpot, 353; provision

for, 761, 856,857.
Advantage, secretly gained by com-

pounding creditor, 877 ; unfair, 962.
Advantages arising from situation, 896,

897.
Advertisement of dissolution of partner-

ship, 655, note 2.
Advice of Court, trustee's right to apply

for, 854
Advocacy, contract concerning, 560,

note.
Affidavit, 489; by applicant for order

to enforce public duty, 981, 982,
Affirmation, 452; included in oath,'

103, 489; refusing to make, 158.
Affirmative easements, 881.
Affray, 148; assaulting public servant

804; leases for, 808.
Aid. See Abetment.
Aiding, 127; aiding escape of prisoners

of state or war, 139. See Abetment.
Air, right to, 885, 897; right to purity

of, 897; extent of right to passage
of, 912; injunction to restrain pollu-

tion of, 986.
Ajmer and Merwára, local laws in, 10.

Aleatory gain, 509, 523.

administration, 445; of contract of
Alien enemies, 492.

partnership, 650; of sale, condition
Alienation, 509; condition restraining, for, 974, note 6.
750 ; making interest terminable on

Anomalous mortgages, 797.
attempted, 751. See Assignment, Anonymous communications, 291.

Gift, Exchange, Sale, Transfer. Apparent easements, 895.
Aliens, 492, 862.

Appeal, from orders of district judge
Allonge, 679, note 2 ; to Government under Succession Act, Part xxxi, 457;
securities, see Addenda.

from order relating to discharge of
Alluvion, 735, 802, 884, 887; increase encumbrances on sale, 773 ; none

of easement by, 913. See Accession. from order in summary suit by person
Ally of the Queen, 138.

dispossessed of immoveable pro-
Alteration, of document in material perty, 949.

part, 269; of will, 357, 362, 364 ; Application, for probate or letters of
in grants of probate or letters of ad- administration, 448-450; for per-
ministration, 445; of terms, discharge formance of promise, 575; for de-
by, 502 ; discharge of contract by, livery of goods, 601 ; for order en-
508 ; in material parts, 570, note 2 ; forcing public duty, 980, 981. See
of partnership contract, 650; of ne- Appropriation.
gotiable instrument, 701 and notes 3 Appointment, power of, 362, 372, 373;
and 4, 702 ; of servient heritage, 919. of executor, 433 ; of new trustees,
See Acceptance, Coin, Forgery.

868, 869 ; of receiver, 936, 980.
Alternative, bequest in the, 375. Apportionment, of annuities, 471 ; of
Alternative prayer for rescission in suit premia paid on entering partner-
for specific performance, 976.

ship for fixed term, 522; of com-
Alternative promise of which one branch pensation between bailor and bailee,
is illegal, 580.

628; of benefit of obligation, 727,
Alyasantāna, 283, note 8.

760; of periodical payments ou trang-
Amalgamation of companies, 970.

fer, 727, 760; of consideration. 764 ;
Ambassadors, 4 and note 2; domicile of premium or rent, 805; of profits of
of, 342.

intermixed trust-funds, 865, note 5.
Ambiguous clauses, 371; instrument, Appraisers and bailiffs of Presidency
679.

Small Cause Courts, 96, note 3.
Amenity, 894, 895.

Apprehension, offences relating to, 161-
Americans punishable with transporta- 162, 177, 179, 180, 181.

tion instead of penal servitude, 20, Apprenticeship contracts, 519, 552,
108.

note I.
Amount stated differently in figures Appropriation, ascertainment of goods
and in words, 679.

by subsequent, 596, 597; of pay-
Ancestral land, contract to sell, 959, ments, 581; of money received by
note 3.

receiver, 820.
Ancestral trade, 652, note 4.

Aquae ductus, 908, note 2, 909, note 4.
Ancillary contracts, 525-533.

Arbitration, submission to, 296 ; refer-
Andaman and Nicobar Islands, local ence to, 552, note 1 ; contract to re-
laws in, 10.

fer to, 565, 959 and note 7; trustee's
Animal, definition of, 11, 103; negli- power to submit to, 857.

gence with respect to, 199; killing Arbitrator, when a 'public servant,' 96;
or maiming, 257, 258 ; trust for, 838, false evidence before, 165.
note 1. See Mischief.

Armenians, xxi ; law relating to, 295
Animus domini, 56, note 1.

and note 3
Annoyance by drunken person, 292, Arms Act, 7.
See Insult, Intimidation.

Army, offences relating to, 28, 140-
Annuity, bequest of, 424, 425; pay- 142, and see Arrangement of sections,

ment and apportionment, 471 ; agree- 78, and False reports.
ment to pay life, 523, 524; out of Arrangement, of Codes, xxjji; of Penal
profits of partnership, 648; ific Code, 1; importance of methodical,
performance of contract to grant, 72.
953-4; contract to pay for life of Å Arrears, of annuity, 477 ; of rent, 805.
and B, 4 being dead, 962. See Arrest. See Apprehension, Escape.

Abatement, Interest, Investment. · Articles of domestic use,' 370, note 2.
Annulment of grants of probate or Articles of war, 141; Native, 7.

Artificers' contracts, 7, 63.
Artificial water-courses, 897, note 8.
Artisans, wages of, 464. See Artificers.
*As of right,' 904, note 9.
Ascertainment, of price, 596; of goods

contracted to be sold, 596, 597.
Asiatic power, waging war against, 138.
Assam, local laws in, 10.
Assault, 46, 226, 227, 228 ; by soldier

or sailor on superior officer, abetting,
140; on Governor-General, etc., 137;
on public servant when suppressing
riot, 146 ; when executing his duty,
227 ; on woman to outrage modesty,
227 ; on person with intent to dis-
honour, 228; in attempting theft or
wrongful confinement, 358; non-sur-
vival of right to sue for, 460. See

Private defence, Punishment.
Assembly, 143, 145 ; for purpose of

dacoity, 245. See Unlawful as-

sembly.
Assent, 493 ; to a legacy, 462, 468-470.
Assessment of compensation, 957 and

note 3
Assessor, a 'public servant,' 96; per-

sonating an, 183. See Court of sur-

vey,
Assets, commission on, 305; distribution

of, 478, 479; extent of represent-
ative's liability depends on, 570, note
3; of partnership, 655; injunction to
restrain untrustworthy executor from

getting in, 984.
Assignee of insolvent, 697; specific

performance enforced against, 970,

note 2.
Assignment, of administration-bond,

456; of contractual rights and liabili-
ties, 498, 511; by operation of law,
499; of bill of lading defeats right to
stop in transit, 603. See Covenants,

Negotiation, Reversioner, Transfer.
Assize of novel disseisin, 929.
Associate with widow in administra-

tion, 438.
Association included in person,' 94,

338, 487
.At sight,' 680.
Atmosphere, making obnoxious to

health, 197. See Air.
Attached to the earth,' 747, 750, 802.
Attachment of mortgaged property, 797.
Attempt, 1, 43, 67–70, 119, 293; to wage

war, 136, 138; to restrain exercise
of lawful power, 137; to rescue cer-
tain prisoners or prevent recapture,
139 ; to seduce soldiers or sailors,
140; to commit murder, 212, 215; to
commit culpable homicide, 213 ; to
commit suicide, 213; to commit rob-

bery, 243; to commit offences punish-
able with transportation or imprison.

ment, 293
Attestation of wills, 358, 359, note 2,

362 ; of alterations in wills, 364; of
mortgages, 775; of gifts, 810.
Attorney, criminal breach of trust by,

249; costs of, 516 ; liens of, 546, note

1,626 and note 4; power of, 520.
Attorney of absent person, grant of

administration to, 440.
Auction, 493, note 2; sale of goods by,

610; trustee's power to sell by, 855;

puffing at, 963. See Biddings.
Auctioneer, effect of mistake by, 972.
Author, no specific performance of his

contract to complete a book, 960.
Author of the trust, 838, 840, 841, 843,

870.
Authority, undue influence by person

in, 554; to complete inchoate nego
tiable instrument, 679. See Agent,

Partner.
Authority to adopt, forgery of, 272.
Awards, specific performance of, 972

and note il.
Bai bil wafá. See Conditional sale.
Bail-bond, 592.
Bailee, 621; delivery to, 621; care to

be taken by, 622; making unautho-
rised use of goods bailed, 622; mixing
goods, 623; his right to expenses,
624; death of, 624; liability of, 624;
when not responsible for wrong de-
livery, 625; lien of, 626; his suit
against wrong-doers, 628. See Bail.

ment, Bailor, Pawnee.
Bailiffs, their incapacity to buy action-

able claims, 814. See Appraisers.
Bailment, 621; when voidable, 6:2;

when terminated by death, 624; by

several joint owners, 625. See Pledge.
Bailor, 621 ; must disclose faults, 621;

to repay necessary expenses, 623; en-
titled to profit from goods bailed,
624; responsibility of, 625; his suits

against wrong-doer, 628. See Pawnor.
Balance of account, lien for, 626; due

on mortgage, decree for, 793.
Bangalore, 298.
Bank. See Banker, Presidency banks,

Savings-bank.
Bank post-bills, 664 and note 2.
Banker, 514, 674; criminal breach of

trust by, 249; loan to, 521; lien of,
626; as drawee of cheque, 683, 700;
when indorsement forged, 700; negli-
gently dealing with bill presented for
payment, 697; his rights and liabili.
ties in case of crossed cheques, 716 ;

of, 554.

disclosing state of customer's account,
946. See Breach of trust, Care-

taking, Cheque, Drawee.
Bankruptcy. See Insolvency.
Baptism, forging register of, 272. See

Forgery.
Baroda, 3.
Barrister, defined, 489; domicile of,

341; his incapacity to contract for

his fees, 492, 516.
Bars of house, 750.
Barter, 510, 594, note 2.
Bastard, domicile of origin of, 341 ; be-

quest to, 367, 377.
Battery, 46.
Bearer, bill drawn payable to, 660, 676

and note 2; cheque payable to, 660;
bill indorsed in blank payable to,

692; payment of bill to, 700.
Believe, reason to, 98.
Benámí, 821. See Quasi-trust.
Beneficial interest, 823; defined, 838 ;

right to transfer, 862.
Beneficiary, defined, 838; rights of,

861-866; liability of, 866, 867 ;
rights and liabilities of transferee of,

867.
Benefit, act done in good faith for, 120.
Bequests, void, 385-390; with directions

as to application or enjoyment, 404,
405; onerous, 395; contingent, 396,
397; conditional, 398–403; to an
executor, 406; exoneration of, 419-
421; of things described in general
terms, 422 ; of the interest or pro-
duce of a fund, 423 ; of annuities,
424, 425; for illegal purpose, 874.

See Legacies.
Bestiality, 234, and Addenda.
Betrothal, contract of, 958, note 7.
Bets, 566, note 3. See Wager.
Better security, protest for, 706.
Bhaunagar-Gondal railway, 3.
Biddings, pretended, 610.
Bigamy, 34, 35. See Marriage.
Bill of exchange, defined, 676; parties

to, 682-688; negotiation of, 689-693 ;
presentment of, 694-697; payment
of and interest, 698; lost, 699; dis-
charge from liability on, 700–702;
dishonour of, 703, 711 ; notice of dis-
honour of, 703-705; noting and pro-
testing, 706-708; acceptance and pay-
ment for honour of, 710; compensa-
tion in case of dishonour of, 712 ;
special rules of evidence as to, 713,
714; in sets, 717; foreign, 718, 719.

See Hundís, Maturity, Notaries.
Bill of lading, 515,659; in case of stop-

page in transit, 603; title conveyed
by possessor of, 605 and note 2;

pledge of, 628; construction of, see

Addenda.
Bills of Exchange Act, 1882, 665.
Birth, concealing, 318; forging register

of, 272. See Miscarriage.
Blank, filling up, 679, 680; indorse-

ment in, 692.
Blindness, 355.
Board and lodging, 464.
Boats, 8.
Bodily distress, undue influence in caso
Body-snatching, 32.
Boilers, 8, 9, 10.
Bombay, Baroda and Central India

Railway, 3:
Bombay Presidency, old penal law of,

2, 3 ; local laws in, 8.
Bona fides. See Good faith.
Bona vacantia, 832.
Bond, negotiable, 659. See Adminis-

tration-bond, Bail-bond.
Bonitarian ownership, 821, note 1.
Books,' 370, note 2; of partnership, 521.
Bottomry, 257 and note 1, 491, 524.
Boundaries, expense of making, 785.
Bovill's Act, 648, note 1.
Breach of contract, effect of, 504, 505,

571; of promise to marry, 513 ; when
time of essence, 578; consequences
of, 588-593; no injunction to prevent,
when contract not specifically en-
forceable, 988. See Compensation,

Warranty.
Breach of trust, criminal, 247–249; de-

fined, 838 ; liability for, 848, and see
989; liability of beneficiary joining
in, 866, 867'; disadvantageous con-
tract amounting to, 962; injunction
to prevent, 984, 985, and note i. See

Theft.
Breaking open closed receptacles, 266-

267. See Criminal trespass.
Bribe, in respect of official act, 149, 150,

151 ; offering a, 130, 133. See Grati-

fication, Public servant.
Bribing public servants, 29.
Bridge, injuring, 258. See Mischief.
• British India,' 94, 338, 488.
Broker, criminal breach of trust by,

249; lien of, 626.
Brothers, their right to intestate's

property, 351.
Buddhist, 295, 483; will of, 210, 314;

administration to intestate, 315-321;
law saved, 747, 812 ; gift by, 812,

note 4.
Buffalo, killing, &c. See Mischief.
Buildings, 260, note 1, 262, note 1; neg-

ligence in pulling down or repairing,
199; erected by tenant, 802, note 7;

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