P. 517, l. 12, after service insert except in cases provided for by the Inland Emigration Act, I of 1882, sec. II.

note 5.

The Bill here referred to is now Act VI of 1887.

note 7, add Ben. Act V of 1883 provides for the registration and control of porters and dándiwálas at Darjiling and Kurseong.

P. 519, l. 3, add And as to labourers in Assam and the districts of Chittagong etc., see Act I of 1882.

P. 524, 1. 17, As to marine insurance see also the Sea Passengers Act, XII of 1885, sec. 7.

P. 529, 1. 11, after no insert general.

1. 12, add But see Ben. Act IV of 1866, secs. 53, 54, which require pawnbrokers in Calcutta to give information as to stolen property, and not to take pledges from children.

note 2, add As to pawning military decorations, see 10 Mad. 108. note 5, add As to a shipowner's lien for freight, see Mad. Act II of 1886, ser.

52 et seq.: Bom. Act VI of 1886, sec. 47; and Ben. Act IV of 1887, sec. 35. P. 530, 1. 11, add But see 14 Cal. 809. Other statutory liens are conferred by Ben. Reg. VI of 1823, sec. 2 (advances to indigo-cultivators) and the enactments relating to harbour-rates (Mad. Act II of 1886, sec. 48: Bom. Act VI of 1886, sec. 46: Ben. Act IV of 1887, sec. 34).

1. 14, after Courts insert (10 Ben. 444: 14 Cal. 374).

P. 532, 1. 33, after mouth insert But the adjustment must be assented to by both parties (6 Cal. 451).

P. 546, note 1, 1. 11, after 83 insert 14 Cal. 781.

1. 21, add or a custom of a caste to expel a member in his absence without notice given or opportunity of explanation offered, 10 Mad. 133.

P. 549, sec. 4, ll. 4, 5, Though a letter of acceptance is posted to the proposer it is not put in course of transmission to him' if it is not correctly addressed, 9 All. 366, 385.

P. 553, note 1, add A guardian cannot contract on behalf of his infant ward so as to bind him personally, 11 Bom. 551, per Lord Hobhouse. But see an exception in the Emigration Act, XXI of 1883, sec. 40.

Pp. 554, 555, secs. 16, 17, see 11 Bom. 666.

P. 558, sec. 21, see 11 Bom. 174.

P. 559, note 2, 1. 30, insert nor to a mortgage subsequent to a temporary injunction, 9 All. 497.

note 3, add So is an agreement for which the consideration is abstention from taking criminal proceedings, 11 Bom. 566, following Williams v. Bayley, L. R., 1 H. L. 200, 220.

P. 562, note 7, add nor a conditional promise to pay when the promisor is able, 11 Bom. 580.

note 8, add It must not be a promise to pay by instalments or in (e. g.) two years, or out of a particular fund, Chasemore v. Turner, L. R., 10 Q. B. 505, per Coleridge C.J., citing Williams J. in Buckmaster v. Russell, 10 C. B. N. S. at pp. 749-740.

P. 573, note 3, 1. 2, after 633 insert The obligation enforced by them arises from a quasi-contract, see 1 Mɛd. H. C. 411: 5 Mad. H. C. 200.

P. 574, sec. 45, see 9 All. 486.

P. 577, sec. 53, see 11 Boin. 412.

Pp. 581, 582, secs. 62, 63, sce 15 Cal. 319, 326, where the High Court said that the provisions of sec. 62 do not apply after there has been a breach

of the original contract, and that sec. 63 is in direct antagonism to the law of England.

P. 583, sec. 65, see 9 All. 340, where Edge C.J. said that the section includes any person whatever who has obtained any advantage under a void agreement.

P. 588, As to the damages recoverable by the lender for breach of an agreement to lend money, see 12 Bom. 242.

P. 592, sec. 74, see 9 All. 690: as to the exception, 10 All. 29.

note 2, 1. 6, add But see 10 Cal. 305, and 14 Cal. 248, where the Court thought the cases in 9 Cal. 615 and 689 were overruled.

note 2, 1. 15, add See also 10 Mad. 203, dissenting from 8 All. 185 and following 4 Cal. 137.

P. 595, 1. 4, part of the goods,' see 15 Cal. 1.

P. 605, note 2, add see 11 Bom. 704.

P. 622, note I, add As to want of care, see 9 All. 398.

P. 651, note 4, 1. 6, after divided insert (a case overlooked by the Act).

P. 695, sec. 67, see I Cal. 130.

P. 700, sec. 85 is founded on 16 & 17 Vic. c. 59, sec. 19 (as to which see L. R., 9 C. P. 513: 1 C. P. D. 578: 2 C. P. D. 151); compare also 45 & 46 Vic. c. 61, sec. 60.

P. 726, last line, after income insert No mention is here made of title-deeds, as to which see 11 Bom. 485.

P. 738, 1. 4, add Special rules as to gifts by the Oudh taluqdárs and grantees are contained in Act I of 1869, secs. 16, 17, 18.

1. 9, after declares insert (sec. 135).

1. 12, after payment insert The principle embodied in this section is fully stated in Story's Equity Jurisprudence, 1886, §§ 1048-1057.

P. 746, note 5, see 15 Cal. 362.

note 6, add 14 Cal. 451 and 599.

P. 748, sec. 6, cl. (d): 'property' here includes an actionable claim, 14 Cal.

241.

note 3, add Mad. Act VIII of 1878, sec. 4 (coffee): Bom. Acts IV of 1881, sec. 7 (salary of village-officers), and V of 1886 (watans): Reg. II of 1877, see. 36 (bhúm).

P. 751, sec. 10, As to the proviso, see 11 Bom. 354: 13 Ben. 383: 12 Cal. 522. It limits the Married Women's Property Act, III of 1874, sec. 8.

P. 766, note 5, Recent cases on lis pendens are in 15 Cal. 94 and 9 Mad. 92. P. 767, note 4, add in the parts of British India to which it applies. As to 13 Eliz. c. 5 in Bombay, see 11 Bom. 666, at p. 675.

P. 774, sec. 68, cl. (b), l. 6, ' sold,' i.e. otherwise than through the intervention of a court, 10 Mad. 515.

note 1, 1. 5, after 11 insert 10 All. 133 and cases there cited.

note 2, add See too 11 Bom. 462.

note 3, add But as to the former case see 10 Mad. 514 and 6 Bom. 719.

P. 780, sec. 67. See 10 Mad. 130.

note 4, add A Court of Small Causes is not such a Court, Acts XV of 1882, sec. 19, cl. (ƒ) and IX of 1887, sec. 15, and sched. II, cl. (6).

P. 781, note 3, add 11 Mad. 88.

note 7, add For an instance of a 'default' under this clause, see 10 All. 47.

P. 782, note 3, 1. 7, after 252 insert and see 14 Cal. 479-480.

P. 791, sec. 85, 1. 5, ' notice.' As to presuming this, see 9 All. 125, at p. 129. note 2, add In 11 Bom. 428 the reason for the rule is said to be, that otherwise the possessor might be exposed to many suits on the same cause of action.

P. 792, sec. 87, para. 2, see 9 All. 504.

P. 793, 11. 6-14, see II Mad. 90; and compare 44 & 45 Vic. c. 41, sec. 25. P. 796, sec. 94. That costs distinctly and separately awarded on foreclosure are not part of the mortgage-money, see 10 All. 179.

P. 797, sec. 99, see 10 Mad. 129.

P. 798, 1. 1, 'made security,' i. e. immediately on execution, 14 Cal. 687. P. 802, note 6, add Mad. Act II of 1884, sec. 7, expressly empowers a tenant, who has been compelled to pay the expense of constructing or repairing boundary-marks, to deduct the amount from his rent.

P. 804, clause (o), see 10 Mad. 351.

P. 810, note 5, l. 5, after 855 insert 14 Cal. 446.

P. 812, note 3, 1. 6, after 285 insert in Madras, 10 Mad. 196: in Bombay, 11 Bom. 517.

sec. 129, 1. 4: sec. 123 abrogates the rule of Hindú law that delivery of possession is essential to complete a gift of immoveable property, 14 Cal.450. P. 813, sec. 131, l. 1, 'transfer,' whether in writing or by word of mouth, 9 All. 251. 1 In case of transfer by sale they are provided for by sec. 55 (3) sec. 131, 1. 7, see 10 Mad. 289.

note 5, 1. 1, after 506 insert 10 All. 20, 26.

P. 814, note 4, add followed in 10 Mad. 289. But see 9 All. 476.

note 5, 1. 1, after 9 insert 11 Mad. 56, 61.

P. 821, 1. 27, after another insert in his own name.

P. 822, 1. 11, after 11 insert the Official Trustee Act, XVII of 1864.

P. 838, note I, add The proper way to make provision for the maintenance

of an animal during its life is to give an annuity to a person to cease at

the animal's death.

P. 839, note 3, add and 11 Bom. 441.

P. 850, note 2, 1. 2, after which insert illustration.

P. 888, note 1, add As to the control of public streams etc. in the Lower Provinces, see Ben. Act III of 1885, sec. 89: in Madras, Mad. Act VI of 1884.

P. 898, 11. 17-20: see II Mad. 19.

P. 901, 1. 21, see 14 Cal. 797 (light and air).

P. 906, sec. 17, cl. (c), see 11 Mad. 22.

P. 907, note 4, 1. 7, after 253 insert 10 All. 162.

P. 928, 1. 3, before remedies insert judicial1.

P. 933, 1. 26. The words 'in writing' are repealed wherever the Transfer of Property Act is in force.

note 1, 1. 2, after J. insert and see I All. 82: 2 Bom. 133 at p. 138.

P. 934, 1. 32. For the present English rule as to declaratory decrees, see Order XXV, r. 5.

1. 37, As to suits in England to perpetuate testimony, see Order XXXVII, rr. 35 38.

P. 945, note 2. The whole Act has been extended to the Chief Commissionerships of Sind and Coorg: to West Jalpaigori, Hazáríbágh, Lohárdaga and

1 Extra-judicial remedies recognised by Indian law are distress and arbitration.

Mánbhum, and to the pargana Dálbhum in Singbhúm; to the Jhánsí Division; to the Scheduled Districts of the Panjáb, and to those of the Central Provinces; and in Assam to the districts of Kamrup, Naugong, Durrung, Síbságur, Lakhimpur, Goálpará (excluding the Eastern Dvárs), Silhat and Káchár (excluding the North Káchár Hills).

P. 949, sec. 9, 1. 2. That 'immoveable property' here includes common of fishery and right of way, see 12 Bom. 221, dissenting from 17 Suth. Civ. R. 70, col. 2.

note 1, 1. 16, after 446 insert Mere discontinuance of payment of rent by a tenant is not a 'dispossession,' 14 Cal. 649.

note 1, add. But no suit for possession of immoveable property lies in a Court of Small Causes, Acts XV of 1882, sec. 19, cl. (d), and IX of 1887, sec. 15 and sched. II, cl. (4). In the Panjáb a tenant dispossessed of his tenancy, or of any land comprised therein, cannot avail himself of sec. 9; see Act XVI of 1887, sec. 51.

P. 952, sec. 12, 1. 3. see Acts XV of

cl. (15).

'Court': this does not include a Court of Small Causes, 1882, sec. 19, cl. (h) and IX of 1887, sec. 15, sched. II,

P. 959, l. 13, see 9 All. 168: 11 Bom. 199.

P. 964, note 6, add When the plaintiff insisted on having that to which he had no right, and on that account delayed performing his part of the agreement for payment of the purchase-money, specific performance was refused, 9 All. 705, 711.

P. 967, sec. 25, cl. (b), see 14 Cal. 518 and 11 Bom. 280.

P. 973, sec. 31, 1. 6, see 14 Cal. 308.

note 4, add Such suits are excluded from the cognizance of Courts of Small Causes, Acts XV of 1884, sec. 19, cl. (j) and IX of 1887, sec. 15, cl. (16).

P. 974, sec. 34, see in England, Tayl. Ev., 8th ed. § 1140, and Druiff v. Parker,

L. R. 5 Eq. 131.

sec. 35, 1. 1. The words 'in writing' are repealed wherever the Transfer of Property Act is in force.

sec. 35, 1. 3. Court' here does not include Court of Small Causes, Acts XV

of 1882, sec. 19, cl. (h) and IX of 1887, sec. 15, cl. (15).

sec. 35, note 2, add See the Evidence Act, sec. 92, ill. (e).

P. 976, 1. 1. The words 'in writing' are repealed wherever the Transfer of Property Act is in force.

sec. 39, para. I. See 9 All. 439, 440; and as to the court-fee, 5 All. 331; 'the Court' does not include a Court of Small Causes, Acts IX of 1882, sec. 19, cl. (j) and IX of 1887, sec. 15, cl. (16).

P. 978, chap. VI. Persons deeming themselves aggrieved by entries in a record of rights or an annual record may, in the Panjáb, sue under this chapter, Act XVII of 1887, sec. 45.

sec. 42, proviso, further relief,' see 14 Cal. 586: i. e. as against the defendant in the suit, not as against third parties who may possibly support some of his contentions, 11 Mad. 116, at p. 122.

P. 979, ill. (e), see 10 Mad. 95, dissenting from 8 Cal. 12.

note 1, 1. 5, after right insert But this was not the intention of the legislature; and see 10 Mad. 90.

note 3, add As to improper exercise of this discretion, see 8 All. 365 : 9 All. 622.

P. 980, sec. 45, see II Bom. 691.

P. 982, sec. 51. For rules framed by the Bombay High Court, see Bombay Government Gazette, 11 Oct. 1887, part I, p. 902.

note 2, add None will issue to compel a magistrate to commit where he has not declined jurisdiction, but merely erred in law, 2 Cal. 278.

P. 983, sec. 54, see 14 Cal. 199. As to injunctions in cases between cosharers, 14 Cal. 236 and 15 Cal. 220.

note 2, add Courts of Small Causes cannot grant injunctions, Acts XV of 1882, sec. 19, cl. (i), and IX of 1887, sec. 15, and sched. II, cl. (17). P. 987, sec. 55, ill. (b). So if one co-owner of land erect a building thereon without the permission of the other co-owners, they may obtain its demolition if it has caused such substantial injury as could not be remedied in a suit for partition of the land, 9 All. 661.

note 7, 1. 4, after injury insert (14 Cal. 236).

P. 989, note 5, 1. 7, after 611 insert and see 9 All. 239 (estoppel by acquiescence).

VOL. II.

P. 14, 1. 36, after (196) insert for keeping lotteries (ibid.).

1. 39, add and for giving false evidence in statements made under promise of pardon, (sec. 339).

P. 15, 1. 18, insert Act XIV of 1887, sec. 40 (Indian Marine).

1. 30, insert VI of 1885, sec. 4 (Amending Excise Act).

1. 40, insert Reg. V of 1873, sec. 10 (Bengal Eastern Frontier).

Reg. I of 1876 (Gáro Hills).

P. 59, note 2, 1. 3, after Appendix A insert In Upper Burma, exclusive of the Shan States, the Code is in force with certain modifications, for which see Regs. VII of 1886 and XIV of 1887. So on the Panjáb Frontier, see Reg. IV of 1887.

P. 61, sec. 4, cl. (a), see 10 All. 39 (charge of defamation not made in complaint, but added in subsequent examination).

P. 74, sec. 35, 1. 6, see 10 All. 58.

P. 81, note 1, add and the Indian Marine Act, XIV of 1887, sec. 78.

P. 92, sec. 94, 1. 9. As to inspection of documents so produced, see 15 Cal.

109.

Pp. 98, 100, 101, secs. 107, 112, 117, see 9 All. 452.

P. 112, sec. 145, see 15 Cal. 31.

P. 113, sec. 147, 1. 2, 'likely,' see II Bom. 584.

note 6, add That an order under sec. 145 may in exercise of revisional jurisdiction be altered into one under sec. 146, see 14 Cal. 361.

P. 116, note 5, add sec. 155 deals only with the powers of police-officers, 12 Bom. 161.

P. 118, sec. 161, see 11 Bom. 659.

P. 121, 1. 9, a term not exceeding fifteen days,' including one or more remands, 11 Mad. 98.

P. 133, sec. 195. That sanctioning a prosecution is a judicial act, see 10 Mad. 232: but see 11 Bom. 659.

note 6, add but not a sub-registrar acting under sec. 34 of the same Act, 11