Annotated statutes of the state of Indiana: showing the general statutes in force January 1, 1894 embracing the revision of 1881 as amended, and all permanent, general and public acts of the General Assembly passed since the adoption of that revision, with a digest under each section of the judicial decisions relating thereto, containing also the United States and Indiana constitutions with annotations (Google eBook)

Front Cover
Bowen-Merrill Co., 1894 - Law
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Contents

Persons ineligible 135 Term of office 138 Vacancies 137 President pro tempore of senate 135 GovernmentCommanderinchief 139 Messages 140 Bill...
42
Natural rights 65 Trial by jury inviolate in civil cases
46
Right to worship 66 Compensation for services
47
Article 9
48
No preference to any creed debt
49
No religious test 68 Privileges equal
50
No money for religious institutions 69 No ex post facto
51
Competency of witness 70 Taking effect of laws
52
Oath how administered 71 Suspension of laws
53
Appropriations 199
54
Free speech and writing 72 Suspension of habeas corpus 55 The truth in libel 73 Treason
55
Branches mutually responsible
56
Unreasonable search or seizure 74 Proof in treason 57 Courts shall be open 75 Effect of conviction
57
Rights of accused 76 Right to assemble to instruct and
58
No person twice in jeopardy petition
59
Unnecessary rigor prohibited 77 Right to bear arms
60
Article 11
61
Offenses bailable 80 No titles of nobility
62
13 Reformation the basis of penal code 81 Emigration free 64 Jury in criminal cases determines law 82 Slavery prohibited and fact ARTICLE 2 SUF...
64
CHAPTER 1
67
RULES OF CONSTRUCTION
68
3 Prohibited
70
2r Guardian ad litem 273 Making new parties
75
Elections free 90 Effect of holding lucrative offices
83
Qualifications of electors 91 Defaulters not eligible
84
SoldiersSeamenMarines 92 Pro tempore appointments
85
JOINDER OF CAUSES OF ACTION
86
8i Residence 93 Electors free from arrest 87 Bribery a disqualification for office 94 Method of election
87
Challenge to duel 95 Time of elections Disfranchisement
88
ACTIONS WHEN COMMENCED
92
Three departments ARTICLE 4 LEGISLATIVE
96
The general assembly 112 Powers of each house
97
Number 113 Bills
98
Term of office 114 Reading and vote
99
Periodical enumeration 115 Subjectmatter and title
100
Apportionment of representation 116 Plain wording
101
Districts 117 Acts how amended
102
Qualifications 118 Local laws forbidden
103
Privilege from arrest 119 Laws must be general
104
Sessions 120 Suits against the state
105
OfficersAdjournment 121 Passage of bills
106
Quorum 122 Protest and entry
107
Journal 123 Public laws
108
Doors to be open 124 Publication of statutes
109
Disorderly behavior punished 125 Pay of members
110
Imprisonment for contempt 126 Members ineligible to certain offices
111
Governor 130 Manner of voting
127
Lieutenantgovernor 131 Plurality elects
128
Contents of affidavit Pleadings errors when filed 402 Supplemental pleadings
133
Names of partiesPleadings correct ed Relief from judgment ARTICLE ll FORMATION AND ORDER OF ISSUES 408 Calling of causesCompleting is...
136
IssnesTwo kinds 410 Issues of law ARTICLE 12 ISSUES 411 Issues of fact 412 Causes how triedDistinction
137
CONTINUANCES 413 Continuance on affidavit 415 Continuance by courtProviso U4 Cause for continuance
139
ARTICLE 14CHANGE OF VENUE 410 Causes for 419
141
DEPOSITIONS 422 Before whom taken 423 NoticeContentsService
146
Time to travel etc allowed 425 Notice how served 426 When court may order taking 427 When taken and used
147
Deponent not obliged to leave county
148
When not readException 430 Attendance how enforced 431 All officers to report nonattendance 432 OathManner of examination 433 By whom wri...
149
Cause of taking shown at reading 43 Commission only for foreign country
150
Certificate when authenticated 430 how taken 4iV Foreign deposition Notice FilingContinuance when had Publication when had Objections to compe...
151
Objections to validity 444 When used in another action 445 Perpetuating testimonyNotice
152
Manner of taking Filing and keeping sealed Publication Record and copyEvidence Deposition when used
153
Unimportant deviation Adverse party when allowed ex penses Taking by interrogatoriesProviso 440 441 442 447 448 449 450 451 452 453
154
WRITTEN EVIDENCE 454 Sealed and unsealed writings
155
Instruments how executed 456 Effect of recitals 457 Effect of last three sections 458 Legislative acts and judicial records authenticatedEffect 459 Oth...
156
Indiana statutes etc evidence
157
Statutes of otherstates etc evidence 462 Judgments of justices etc of other states Judgments of justices in this state 464 Certificates of notariespublic
158
Certificate of secretary of state 466 Copies of records etc in public offices
159
Deeds by administrators and others Evidence 468 Partition records 469 General index of recordEvidence
160
Landoffice registers etc 471 Landoffice certificates
161
Canallands patentsProviso 473 Record of patentsProviso 474 Corporate acts proved by sworn copy 475 Legislative acts of other states
162
Register of Michigan road lands
163
Filing of clerk presumptive evidence ARTICLE 17 WITNESSES
167
TRIAL BY AGREED CASE 562 Agreed caseAffidavit 564 Judgment how enforcedCosts 563 Record
200
TRIAL BY REFEREE 5t5 What may be referred 567 How appointed 566 Manner of trial and finding
201
NEW TRIAL 568 Causes for 569 Small damages no ground 570 Motion when made
202
Manner of applying 572 Causes discovered after termLimit
207
JUDGMENT 573 On general verdict 574 On special verdict 575 On pleadings notwithstanding ver dict 576 When plaintiff is barred as to part 577 A...
208
Defendants all served Judgment against part only 580 SetoffJudgment for excess 581 Judgment in replevin
211
Proof and assessment on default 5S3 On mortgage or lien final 54 In foreclosureSale ordered
212
Without reliefWhen separate Against officereWhen without re lief or stay
213
On bondsWhen without relief 588 Entry What it shall specify 589 Satisfaction 590 Indorsement of payment on record Effect
214
591 JudgmentdocketContents 592 Entry of stay of execution 593 RecordOpen to all 594 Neglect of clerk to enter judgment etc Liability 595 Who m...
215
596 Debt how statedRelease of errors 597 Confession by attorneyAffidavit 59 Nonresident to file costbond
216
599 Costs
217
MO Recovery under 50Exception
218
Suits for damages solelyCosts ti02 Relators etc liable jointly with partiesException 03 Costs how apportioned
219
Where suits can be joinedCosts in one only 605 When costs adjudged before final judgment 606 Costs where lands are attached 607 Costs of transcri...
220
Except divorce when opened 610 Notice of application 611 Bona fide purchasers not affected 612 How assigned
221
Payment to assignor when valid 614 Executionwhen issued and indorsed 615 Assignee may maintain action 616 DeliverybondSuit onjudgment 617 ...
222
Lien on bonds to state 619 Transcripts to another county 620 Lien of such judgments 621 Transcripts from United States courts 622 Lien
224
Fees of clerk 624 Transcript from justice 625 RecordingDocketingLien 626 Execution how obtained
225
Review of by whomException 628 For what hadLimit of filing
226
For new matterVerifiedContents 630 Staybond 681 Notice of filingIssue 632 JudgmentCosts
228
Death of judgment debtorHeirs etc when to show cause 634 Affidavit by judgment creditor 635 Service of summonsIssueTrial Order 636 Death of o...
229
APPEAL 637 Exception defined 638 Time of exceptingBillProviso j39 Form of Exception 640 Exception on recordHow noted
230
Bill how signed and filedEntry
232
Question of law how reserved 643 Time for appealSupersedeas
235
Appeal to supreme courtProviso
236
Appeal within one yearException
237
Part only barredProceedings 647 A part may appealNotice 648 Death of partyAppealNotice
238
Death no abatement
239
Vested rights 247 Time of action
243
Offenses excepted 248 Effect of repeal
244
Dower
245
Alias execution
252
Further levies and sales 744 Sale for twothirds appraised value Exception
253
Sheriff to ascertain cash value 746 AppraisersSelectionDuties 747 Vacancy 748 Liens and incumbrances list of 749 Schedule and valuation 750 Oath...
270
Purchasers privileges as to liens Proviso 752 Duty of sheriff as to unsold property 753 Lien of levy to continueLimit New writ
271
ReofferCostsRevaluation 755 FraudSale without appraisement 756 Deliverybond 757 Appraisement when p rerequisite 758 NondeliveryDuty of sher...
272
Action on bondDamages 761 Execution without stayReturn in thirty days 762 Notiee of sale of personalty 763 Personalty how sold 764 Real estate li...
273
Rents and profits first offered 766 How valued
274
Manner of saleLease by sheriff 68 Real estate how sold
275
Suretyship
287
835
296
Entry of awardRule to show cause
302
ASSESSMENT OF DAMAGES
309
Right of property how tried 960 Attached property how sold
316
ATTORNEYS
329
Petition to circuit court 1015 Proof of publication
343
DIVORCE
350
EJECTMENT
360
FORECLOSURE OF MORTGAGE 1099 Possession of premises 1100 How construedRemedy 1101 Foreclosure before sale 1102 PurchasemoneyPri...
370
Refusal to satisfyPenalty 1106 Foreclosures by state 1107 Assignments how made 1108 Parties Effect of sale redemp tion 1109 Foreclosure 1110 Wh...
371
Order of sale 1114 Copy of order how issuedSale 1115 When can not foreclose
377
Installments not dueProceedings 1117 Sale in parcelsOrder 1118 Whole to be sold when 1119 Plaintiffs indorsement on execu tion
378
HABEAS CORPUS 1120 Who may have writ
379
Parentsetc may have writ 1122 Complaint
380
By whom granted 1124 When by criminal judges 1125 To whom directedIts command 1126 To sheriff clerk shall deliver 1127 To other person she...
381
ReturnAttachment for refusal 1130 Return how made 1131 ProceedingsPleadings 1132 HearingParty when discharged 1133 Judgment etc when not...
382
When no dischargeProceedings
383
Writ to let to bail 1136 Notice 1137 Powers of court or judge 1138 Officers not liable for obeying 1139 Warrant to prevent removal 1140 Warrant 1...
384
INFORMATIONS 1145 When filed
385
By whom filed
386
Of what to consist 1148 For usurping office 1149 Summons and proceedings
387
Contest for officeJudgment 51 Judgment for relator 1152 Order how enforced 1153 Damages 1154 One information against several 1155 Judgment ...
388
Judgment against corporation 1157 To recover escheated property 1158 Costs 1159 To annul instrument 1160 Proceedings to annul
389
ARTICLE 42
390
Money on judgment injoined paid to clerk
394
Order disobeyed contempt 1175 Service of attachmentAction of court 1176 Bond of party 1177 Motion to dissolve or modify 1178 Damages on dis...
395
Damages include rents and waste 1180 Motion to reinstate ARTICLE 43 MANDATE AND PROHIBITION 181 What courts issue 1182 To whom an...
396
1192
399
1224
409
1236
415
When action lies 12S7 Affidavit for delivery
431
Order for delivery 1289 Contents of order 1290 Order how executedReceiver
435
Breaking open buildings
436
Custody of property to Sections REPLEVIN 1293 Orders to different counties 1294 Fraudulent concealment etc Fact returned 1295 Summons to sh...
437
Execution against body ARTICLE 50 GENERAL PROVISIONS 1299 Publication how made 1308
438
CHAPTER 2
444
Counties of fourth district 1321 Counties of fifth district 1322 BuildingCost 1323 Law library 1324 Seal 1325 Terms 1326 Authority
445
OathsFines for contempt 1328 Chief justice 1329 When term of office begins 1330 When judges may try cases 1331 Briefs and arguments
446
Preservation of records 1333 Duty of clerk 1334 Docket fee 1335 Clerk shall pay to treasurer ARTICLE 2 APPELLATE COURT 1336 JudgesJurisdi...
447
OpinionsWhen in writingJudg mentsCertifyingEffect 1351 RehearingCertifying judgments 1352 Convening courtRules 1353 Salaries of judges 1354...
448
Organization of courtTransfer of causes 1357 TermsConvened on call 1358 Judges of kinCounsel in cause 1359 Hearing and argument 1360 Publica...
453
Docket fee 1362 Transfer of causes to supreme court 1363 Duration of court Transfer of cases
454
Judge when electedCircuit 1365 Terms and style 1366 Jurisdiction 1367 May issue certain process
455
May frame new writs 1369 Powers 1370 What court has jurisdiction 1371 Granting commissions 1372 Seal 1373 When may use private seal
456
OathsContempt 1375 Rules
457
Judges to take recognizances 1377 Failure of judge to attend 1378 Continuance of causes 1379 Continuance by adjournment 1380 Elisor 1381 Dutie...
458
Record of proceedings 1383 Signing proceedings 1384 Reason for adjournment 1385 Adjourned terms
459
Special terms 1387 Transfer of common pleas jurisdic tion 1388 Transfer of common pleas proceed ings 1389 Appeals
460
Certifying records of common pleas 1391 JudgeincapacitatedJudge pro tem pore 1392 Duties of judge pro tempore 1393 Salary of judge pro tempor...
461
SUPERIOR COURT 1395 Where establishedTerm of judges 1412
470
CRIMINAL CODRT 1427 OrganizationSeal 1428 Officers 1429 Judge pro tern 1430 Compensation 1431 Where held 1432 Jurisdiction 1433 Crimi...
477
INCIDENTAL MATTERS 1437 Salary of supreme judges
480
Salary of circuit and superior judges 1439 Payment by countyAction of board 1440 Salary of criminal judges
481
Salary of law librarian 1442 Term prolonged to finish trial 1443 Adjourned terms
482
Absence of judgeSpecial judge 1445 When sheriff adjourns from day to
483
When special judge selected
484
Appointment of judges pro tern 1448 Special judges in vacation
485
Jury commissioners Oath In structions 1450 Selection of names for jurors 1451 Selection and qualification of jurors 1452 Grand and petit how dra...
486
Special venireNew names 1454 Clerk to keep box locked
487
Jury commissioners for 1881
488
Jury from bystanders 1462 Master commissioner 1463 Oath 1464 May sell lands
489
Further powers and duties 1469 May grant injunctions etc 1470 Shorthand reporter 1471 Oath 1472 What he must report 1473 When must furnish t...
490
Compensation 1476 Reports how used on appeal
491
SummonsService 507 When heirs or devisees are parties
492
Service by copy when 508 When agent or decedent testifies
493
No attachment except upon affidavit Restriction
494
Summons how issuedWhat to con 509 Husband and wife tain 510 Assignor or grantorProviso
495
More than threeCostsException 511 When executor or administrator com
496
In county Prepayment unneces petent sary 512 Experts
497
Out of countyPrepayment neces 513 Religious beliefGeneral moral char sary acter
498
Attachment for nonattendance 514 Credibility
499
When nonresident witness may de 515 Party producing not to impeachEx mand fees ception
500
FeesMileageCircuit etc courts 516 Impeachment
501
OathForm of 517 Party may be examined
502
Interpreters pay of 518 TimeBefore whomNotice
503
Competent witnesses 519 Attendance enforced Filing
504
Who are incompetent reading
505
When an executor or administrator 520 Evidence rebutted is partyProviso 521 Penalty for refusing to attend
506
Replication unnecessary 1532 Amendments 1533 Plaintiff to include all accounts 1534 Complaint on transcript 1535 Change of venue when
507
Change granted 1537 Cost of change 1538 Papers transmitted 1535 Continuance
508
Appeal after thirty days 1572 Appeal dismissed 1573 Costs
517
ExecutionIssue
518
How directed FormWhere served 1576 Indorsement by constableLien 1577 When returnable
519
To allow judgment 523 To confess judgment
522
How bail may compel execution 1593 New bail 1594 When judgment for use of bail 1595 SaleEffect of death before 1596 On execution
523
ActionWhen for issue and trial 542 Manner of trial
524
Trial on change of venue 543 Special instructions before argu
525
Trial defined ment
526
Order of trial 544 Exceptions to instructions
527
When jurv shall appearOrder of 545 Argument trials 546 Brief notes by judge
528
Jury from regular panel 547 View of property and place by jury
529
Number of jurors 548 Deliberation of jury
530
Special jury 549 Caution by court at each adjourn
531
Jury by agreement ment
532
Struck jury by consent 550 Further instructions when
533
Struck jury upon notice 551 Jury when discharged
534
Selector when clerk interested 552 Cause again tried
535
Fees for striking 553 Verdict written and signed
536
Struck juryContinuance if parties 554 Verdict general or special consent 555 Jury may find special verdict
537
Challenge for interest 556 Special controls general
538
Oath of jurors 557 Money verdict
539
Peremptory challenges 558 Verdict in replevin
540
Calling talesmen
541
FUGITIVES FROM JUSTICE 1667 Returned to another county
542
From another stateGovernors warrant 1669 Order of judge
543
CommittedNotice to governor 1671 Costs 1672 Warrant when refused 1673 Order when refused 1674 When citizen not surrendered ARTICLE 4
544
Wife may prosecute 1684 Prosecutor when notified 1685 Title of cause 1686 Commitment 1687 Breach of the peace
545
SEARCH WARRANT 1688 When to issue 1691 Disposition of property 1689 Affidavit 1692 Sheriffs dutyBurglars tools
548
ARTICLE 6TRIALS BEFORE JUSTICES IH94 Warrant where served 1695 Affidavit
550
Warrant 1697 Proceedings after arrest
551
Counsel and prosecutor 1699 Continuance Recognizance Wit nesses 1700 Proceedings after forfeiture
552
Changes of venue 1702 Special constables
553
How recognized if felony 1704 Trial of misdemeanor 1705 When punishment inadequate
554
Jurisdiction 1707 Assault battery and affray
555
Offense improperly charged 1709 Crimes not punishable by city or town 1710 Offenses in view
556
Witnesses 1712 Appeal 1713 Form of recognizance
557
Recognizance and transcript 1715 Judgment 1716 Commitment ARTICLE 7 THE GRAND JURY 1717 Number of jurors 1718 ExcuseFine 1719 For...
558
Jury how waived 561 Rules of trial
559
Foreman administers oaths
561
ARREST 1749 Arrest defined
568
AVarrant 1751 To different counties 1752 Form of warrant 1753 Fixing bail
569
Summons against corporation 1755 Bailable offenses 1756 Arrest how made
570
Officer must inform defendant 1758 Means to arrest 1759 Arrest and recapture 1700 Aid to officer 1761 May break doors 1762 May break doors to...
571
Removal for sentence or trial 1765 Warrant for removal 1766 Governors approval 1767 Convict kept for trial 1768 Acquittal or pardon 1769 Escapi...
572
Danger of mob 1771 Peace officers
573
Arrest beyond county boundary e to Sections AND RECOGNIZANCE 1773 Recognizances 1774 Officer takes recognizance 1775 Deposit of mone...
574
Sheriff takes recognizance 1778 Recognizances certified and filed 1779 May justify bail 1780 Surety 1781 Form of recognizance 1782 Continuing r...
575
Form of continuing recognizance 1784 Informal recognizance
576
Bail in murder 1786 Surrender of principal 1787 Surrender before judgment 1788 Form of surrender 1789 May give other bail 1790 Forfeiture
577
Suit on recognizance
578
Lien 1793 Judgment
579
Subrogation 1795 Prosecutor when a party 1796 Return of process ARTICLE 10 PLEADINGS
580
Style of prosecution 1798 Forms and ruleB 1799 First pleading 1800 Indictment or information 1801 Form of indictment 1802 Form of information
581
Form as to accessories 1804 Amendments 1805 Construction
582
Charging the offense 1807 Statement of time 1808 What need not be stated
583
Judgment how pleaded 1810 Private statute how pleaded 1811 Misnomer of accused 1812 Name 1813 Separate counts
584
Joinder of counts 1815 Murder in second degree and man slaughter 1816 Perjury or subornation 1817 LarcenyJoinder of counts
585
Averments as to elections 1819 Averment as to money
586
Written instrument 1821 Misdescription of forged instrument 1822 Names of partners joint owners
587
Foreign express companies 1824 When sufficient
588
When not to be quashed
589
Copy to accused 1827 Pleadings by accused 1828 Motion to quash
590
Accused when not discharged 1830 Demand of trial or discharge
591
Arraignment 1832 Plea of not guiltv
592
Plea of insanity 1834 Acquittal for insanity 1835 Standing mute 1836 Plea of not guilty
593
1839 1840 1841 1842 1843 ALTICLE 11 VENUE Trial where had Affidavit for change Special judge Change from county Jurisdiction and procee...
594
RIGHTS OF ACCUSEDACCESSORIES 1854 Rights of accused 1857 Accessory before the fact 1855 Accused must be present 1858 Accessory after ...
601
JURY HOW IMPANELED
602
EVIDENCE 1865 Rales 1878 Written instruments considered 1866 Witness how summoned chattels 1867 Who are competent witnesses 1879 Treaso...
606
Receiving stolen goods
611
TRIAL 1890 By court 1900 Trial in wrong county 1891 Separate in felony 1901 Jury discharged 1892 Order of trial 1902 Minors imprisonment 18...
613
NEW TRIAL 1909 Definition 1911 CausesMotion when 1910 Effect
623
ARREST OF JUDGMENT
626
EXCEPTIONS 1914 May be taken 1917 Contents of bill
627
Appeal bv state 1918 Tender of bill 1916 Time of till
628
JUDGMENT 1919 When pronounced 1931 Time of imprisonment 1920 Defendant to be present 1932 Stay of fineArrest 1921 Defendant to be bro...
629
Warrant 1948 Escape from warden
630
SheriBs duty 1949 RespiteDeathPardon 1944 Prisoner confinedWho may see 1950 Pregnancy of female prisoner 1945 Execution inside prison 1951...
636
Transcript on appeal by state 1964 To disregard technical errors 1957 Effect when state appeals 1965 Power of supreme court 1958 Appeal when 19...
638
GENERAL PROVISIONS 1970 Corporations punishable 1973 Laws and usages continued 1971 Definitions 1974 Repealing and saving clauses 1972...
640
CHAPTER 5
642
Appeal during termStayBond 670 Defect in form etc no ground for Transcript reversal
650
others divided Proviso Proceedings
651
AGAINST PROPERTY 2000 Arson 2011 Former conviction 2001 Burning woods prairies etc 2012 Receiving stolen goods etc 2002 Burglary 2013 ...
652
i52 Appeal after termNoticeFiling 672 ReversalRemanding for new trial 653 Appeal after termBond Super Instructions sedeas 673 Judgment of supr...
653
Bond how approvedStay ages
654
Certificate of stay to clerkbelow 674 Notice to clerk belowPetition
655
Length of stay rehearing
656
Buying or concealing goods from 2022 Embezzlement by employes other states
657
ExecutorsBond not required 675 Death no effect after submission 658 Appeals from interlocutory order 676 Costs
658
When taken 677 Fee for transcript
659
Length of stay 678 Execution from supreme courtRe
660
Transcript for appeal turn
661
Transcript Certificate When evi 679 Money judgmentExecution when dence omitted 680 Order of inferior court for transcript
662
653 Publication against nonresident and papers 664 When appeal stands for trial 681 ReversalEffect upon title
664
DocketingOrder of hearing 682 Restitution impossibleRemedy
665
Proceedings each day signed by chief defendant judge 683 Restitution
666
Assignment of errorsAnswer 684 Notice of motion for restitution
667
Questions of fact how tried 685 Hearing and judgment Dismissal effect ofNew appeal
668
AGAINST PUBLIC PEACE
673
AGAIJ
685
Writs of 717 Selection of appraisers
686
After ten yearsUpon leave 718 Schedule and appraisement
687
Three kinds of 719 Return of officerReappraisement
688
Execution docketContents Costs
689
Precipe for execution and feebill 720 Debtor to pay appraisers
690
Judgments how enforced 721 Duty of officer when personalty only
691
No execution against body or prop is claimed erty when 722 Duty when claim includes personalty
692
To whom issued and realty
693
Requisites of 723 Duty when claim is for realty only
694
Time of return 724 Real property how divided
695
When may issue on Sunday 725 Debtor must make and deliver
696
Indorsement of clerk on such writ schedule
697
Lien on chattelsWhen first levy 726 Verified schedule required preferred 727 Wife may act in husbands absence
698
Sheriffs successor to execute writ 728 When husbands mortgage of realty when invalid
699
Alias execution 729 No exemptions against mechanics
700
To another countyLien from lew liens
701
Stay ofTime 730 To what debts act does not apply
702
Bail how takenIts effect 731 Levy and offer to sell
703
Clerk to notify sheriffReturn 732 Money may be levied
704
Clerks indorsement on repleviable 733 Bills notes etc judgment 734 Goods pledged etc subject to lien
705
Stay for residue 735 Shares of stockSheriffs duties
706
Recognizance where copied powers
707
Property levied on to be relinquished 736 Debt or thing in action when given
708
BailEffect of judgment confessed
709
Joint execution 737 Assignment thereof by sheriffEf
710
When stav not allowedReturn lim fect ited 738 Pleading and proof in action thereon
711
Sureties may prevent stayExcep 739 First levy on property selected by tion debtorProviso
712
When bail may have execution 740 When none designated levy general
713
Entry of other bailIts effect 741 When insufficient levy general
714
Exemption six hundred dollars 742 Personalty first sold Exception
715
Kind of property exempt Debtors residence
716
Furnishing liquor to prisoners 2223 Carrying game 2193 Keeping disorderly liquorshop 2224 Selling game not shot 2194 Selling liquor on Sunday ...
727
Overworking children in factories 2237 Employment of children 2238 Overworking child 2239 Penalty 2240 Cruelty to children 2241 Disposing of...
730
Begging etc 2243 Exhibiting in dance house
731
Hiring for under ground work 2245 AffidavitWarrantArrest 2246 Seats for females 2247 Penalty 2248 Disclosing contents of telegram 2249 Teleph...
732
False labels of weight 2252 Altering inspectors marks 2253 Bringing pauper into state 2254 Deserting wife or child 2255 Vagrancy 2256 Tramps
733
Amalgamation 2258 Counseling amalgamation 2259 Swindling underwriter 2380 Conspiracy
734
Malicious prosecution 2262 Failing to keep light on drawbridge 2263 Obstructing navigable stream
735
Maintaining bridge without draw 2265 Leaving bridge open 2266 Injuring bridge 2267 Driving on towpath 2268 Opening canallocks
736
Marriage without authority 2270 Failing to return marriage 2271 Giving false list of taxables 2272 Sot providing fireescape 2273 Obstructing road
737
Obstructing drainage 2275 Obstructing or diverting water 2276 Not providing outswinging doors 2277 Defrauding creditors
738
Appropriating estrays 2279 Entry on state lands ARTICLE 9 AGAINST 2322 Illegal voter 2323 Voting in wrong precinct 2324 Nonresident voting ...
739
Charging illegal ferriage or toll 2283 Oppressive garnishment 2284 Transferring claims for garnish ment
740
Selling banknotes 2286 Disturbing grave 2287 Taking corpse 2288 Aiding concealment of corpse 2289 Buying corpse 2290 Climbing on cars in mo...
741
Obstructing highway with cars 2292 Running passengercars without tools 2293 Engineer failing to stop at railroad crossing
742
Deceiving railroad engineer 2295 Untimely crossing of railroad track 2296 Stopping train on crossing 2297 Obstructing highway 2298 Locking pass...
743
Failing to give signals 2300 Railroads may not exact contribu tions from employes 2301 Penalty 2302 Labor organizations Discharging employes
744
DynamiteManufacture and use 2304 LimitsPrecautions 2305 SaleRestrictions 2306 Unlawful
745
Exploding dynamite 2308 Penalty 2309 Selling slops of public institutions 2310 Penalty 2311 Altering gas connections 2312 Making gas connection...
746
Refusal to deliver gas mixers 2314 Setting fire to gas 2315 Penalty 2316 Natural gasPreventing waste
747
Jumbo burnersWhen lighted 2318 Penalty 2319 Badges of secret societiesWear ing of 2320 Penalty 2321 Badges of military societies
748
AGAINST HONEST DEALING
756
Having dies to counterfeit labels
762
CHAPTER 6
769
2397
778
2414
784
SALE OF PERSONAL PROPERTY 2430 Sale bv executor etc 2438
789
SUITS BY EXECUTORS AND ADMINISTRATORS 2446 Suits what for 2455
793
CLAIMS AGAINST THE ESTATE 2465 When and how filed 2466 Suits forbidden 2467 Joint contracts and judgments 2468 Suretyship of deceden...
798
SALE ETC OF REAL ESTATE TO PAY DEBTS 2485 When allowed 2486 What liable 2487 Fraudulent conveyances 2488 Fraudulent conveyance...
807
ReportConli rmationConvey ance 2513 Sale when vacatedResale 2514 Sales under will 2515 Sales under will 2516 Sales under will 2517 Commissio...
808
Form of deed
821
Sales by foreign executor 2520 Sale when not avoided for defects 2521 When successor may execute order 2522 Bond of foreign executor
822
Petition by executor or adminis 2532 Tender and demand for payment
824
CIVIL PROCEDURE
834
When and bow made 2569 Appearance of owner
836
INSOLVENT ESTATES
842
By whom and how takenBond 2611 Costs
848
CHAPTER 7
854
Advancement how estimated
860
CHAPTER 8
875
OF THE INSANE 2714 Who are of unsound mind 2719 Nonresident insane 2715 Proceedings to establish unsound 2720 Temporary guardianship ...
891
CHAPTER 9
896
EXECUTION AND PROBATE
902
Objections to probateContinuance 2772 Determination of court
906
Effect of restraining orders
912
Miscellaneous provisions
918
Religious and political freedom
932
Election 132 Contests
933
General laws 213 Individual liability 214 Organization 215 Governors aid 216 Commissions ARTICLE 12 MILITIA 217 Division of militia 218 Sed...
934
Special finding by court
936
Juror having knowledge discloses crime 1730 Secrecy 1731 When may disclose 1732 Can not be questioned 1733 Witness refusing to answer 1734 ...
942
Costs how taxed 1849 Sheriffs expenses VRTICLE 12 CONTINUANCES 1850 Affidavit of accused 1851 Application by prosecutor 1852 Discharge...
943
Circuit courts have 2370
945
Jurisdiction in proceedings by for eign executor or administrator 2524 Mortgage and lease 2525 Mortgage or leaseBond 2526 Accounting 2527 Bon...
946
Notice of sale of realty 770 Damages against sheriff for breach of duty 771 Purchase by sheriff void 772 Bidder not payingLiability
953
ResaleLiability of bidder 774 Excess to debtor 775 Deed of sheriff 776 Deed to heirs or devisees in Purchaser subrogated when 778 Certificate of pu...
954
Who may compel
976
When appointed
982
Verified complaintWarrant 1000 No abatement if mother diesPro
990
Justice must write womans evi 1005 Execution without relief
996

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Popular passages

Page 88 - When the death of one is caused by the wrongful act or omission of another the personal representatives of the former may maintain an action therefor against the latter, if the former might have maintained an action had he lived against the latter for an injury for the same act or omission.
Page 60 - Legislature so next chosen as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each House...
Page 210 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; and it may, when the justice of the case requires it, determine the ultimate rights of the parties on each side, as between themselves.
Page 194 - The verdict of a jury is either general or special. A general verdict Is that by which they pronounce generally upon all or any of the issues, either in favor of the plaintiff or defendant: a special verdict is that by which the jury find the facts only, leaving the judgment to the court.
Page 331 - I will abstain from all offensive personality, and advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which...
Page 53 - The General Assembly shall provide by law for a uniform and equal rate of assessment and taxation, and shall prescribe such regulations as shall secure a just valuation for taxation of all property...
Page 132 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits.
Page 619 - When the jury have agreed upon their verdict, they must be conducted into court by the officer having them in charge. Their names must then be called, and if all do not appear, the rest must be discharged without giving a verdict. In that event, the cause may be again tried, at the same or another term.
Page 44 - If after such reconsideration a majority of all the members elected to that house shall agree to pass the bill, it shall be sent, with the...
Page 91 - Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property...

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