INDEX.

ABATEMENT,

pleas in, not allowed without affidavit, 67

plea in, overroted, plaintiff shall recover costs, 68
not caused by death of party, 70, 1

not caused by death of defendant in attachment, 135
not caused by non joinder of partners, 68

ABSTRACTS,

of votes for governor, how and to whom forwarded, 49
when to be opened, 18, 49

of votes for other officers, how and to whom forwarded, 50,
of lists of taxable property, how and when to be made, 277

ACCESSORIES,

how punished, 142

before the fact in capital cases, not to have the benefit of habeas corpus

ACCOUNT,

books of, may be proved by the oath of party, 122

of executors and administrators, how made and settled, 232

to be continued one term, 234

of guardians, to be settled biennially, 248

to be continued one term, 249

ACKNOWLEDGMENT,

of deeds, before whom to be made, and how certified, 347
of powers of attorney, ib.

ACTIONS,

certain causes of, to survive, 70 to 72

unnecessary, may be consolidated, 73

criminal, limitation of, 154. 163

civil, limitation of, 214

before justices, may be entered without process, 176

against executors &c., barred by settlement, 240

[act, 166

against drawers or indorsers of protested bills of exchange, may be joint

or several, 452

by banks and bankers against drawers and endorsees of notes, may be joint,

ADMINISTRATION,

by whom and to whom granted, 229

temporary, may be granted, 231

may be granted when person dies out of this State, 241

with the will annexed, when to be granted, 231. 234. 245

ADMINISTRATOR,

who may be, and how appointed, 229

[455

ADMINISTRATOR,-(continued)

may be appointed at special session, 241

with the will annexed, may seli land devised to be sold, 245
to pay balance on settlement to widow and heirs, 233

ADMINISTRATOR AND EXECUTOR,

to take an oath and give bond, 231

to have goods appraised and return inventory, 230
to give notice to creditors by advertisement, ib.
to sell personal property at public vendue, 232
to return inventory of sales, ib.

when to settle with court, 230

office of, not to expire on settlement, 231

shall present account current and vouchers to court, 232
accounts of, to be continued one term, 234

may be referred to special commissioner, ib.

may resign, 234

may be removed, ib.

security of, may complain, 235

may be required to indemnity their sureties, ib.

when removed, may be sued by new, ib.

may be compelled to settle by citation and attachment, 233

not liable beyond the amount of assets, 255

may be ordered to sell lards, 236. 246

duties of, in relation to the sale of lands, 237 to 239

when shall be liable to pay costs, 237

may sell equitable interest in lands, 239

may be required to give additional security, ib.

to make deeds to purchasers, ib.

may file abstracts of payments to widow and heirs, 233
appointed in another State, may sell land in this, 240

may sue in this. 241

shall receive legal claims till settlement, 240

after settlement not liable to suit on claims not presented before, iù.
manner of suing on the bonds of, 267

compensation of, 232

may be made parties to suits pending, 70, 1

may be made parties to judgments by scire facias, 71. 74

may appeal without bond, 78. 242

AFFIDAVIT,-(Continued)

of justitication by special bail, what to set forth, 62
plea in abatement to be verified by, 67
petition for injunction to be verified by, 87
for opening a decree, what to contain, 91

of fraud, &c., required to set aside award, 177

for a State warrant, form of, 199

to be filed with precipe for writ of replevin, 128
when plea of general issue should be verified by, 122
of merits, when required in chancery, 85

AGENTS,

of foreign insurance companies, to obtain license, 302
to give bond, 303

AGREEMENT, (see Contracts.)

AIDERS,

punished as principals, 142

ALIENS,

to pay six per cent, on profits of premiums, ib:

how to become citizens of the U. S. 29 to 36

within what time to appear and claim inheritance, 253

may transmit inheritances, 254

may hold lands in this State, 463

ALIMONY,

may be granted by supreme court, 432

AMENDMENTS,

of process and pleadings allowed at any time before error brought, 77
allowed in chancery upon equitable terms, 86

AMERCEMENT,

for what causes sheriff liable to, 109

of sheriff for not bringing in body on rule, 60
for not returning mesne process, 117

for not executing process from another county, 64

of clerk for not paying over money, 110

of officer for not repaying money collected on execution when proceedings
are enjoined, 88

of officer for not serving process under the act for taking depositions, 126
notice of, when and how to be given, 110

To have the force of a judgment, 60.111

ANSWER IN CHANCERY,

to bill of discovery, evidence to jury, 83
when to be filed, 84

to be sworn to, and before whom, 35

ANSWER IN CHANCERY,--(continued)

may bring new parties before the court, 85

of complainant to interrogatories, shall be evidence, ib.

may be received on affidavit of merits after plea, &c. over-ruled, 85
first insufficient, when second shall be filed, ib.

second insufficient, double costs to be taxed and decree pro confesso, ib,

to cross bill, not to be put in till first bill is answered, 86

to be taken as true, when cause is heard on bill and answer, only, ib.

APPEAL,

allowed from C. P. to supreme court of course, 78

notice of to be entered in term, ib.

bond for, when and how to be taken, ib.

lien of judgment or decree not removed by, 79. 90o

may be taken by administrators, &c. without bond, 78. 242
costs how taxed, in supreme court, 79

to be tried on pleadings made up in C. P., 2b.

when allowed from judgment of nonsuit, 75

allowed from final decrees of C. P. in chancery, 90

from judgments of justices of the peace, 177. 205. 208. 392, 490.
on trial of right of property in attachment. 133. 205

not allowed from judgment or justice on award, unless, &c. 177
recognizance for, when and how to be taken by justice, ib.
appellant failing to file transcript, appellee may, 178
both parties failing, justice may issue execution, ib.
proceedings on, in common pleas. ib.
when quashed, how to proceed, 179
allowed in contests about wills, 246
from inquests of idiocy, 328

from the decisions of county commissioners, 269.356, 364
in certain elections contested. 53

(509

from the decisions of township trustees relative to township roads,

APPEARANCE BAIL, (see Bail Bond)

defendant may render himself in discharge of. 63

may be taken by justices of the peace, 174

APPORTIONMENT,

of jurors, to be made by clerk of C. P., 94
of school funds, by county auditor, 421

APPRAISEMENT,

of lands under execution, how made. 104
may be set aside, 107

new may be crdered, ib.

of property attached, how made. 131, 203

of goods and chattels of deceased persens. 230

of real estate sold by executor or administrator, 231

of strays, how made, 471

of ministerial lands, how made, 493

(366

of lands held in trust for banks, 458

lands may be sold for debis due the State without, 104

the property of certain officers may be sold under execution without

[104.295

APPRAISERS,

of land under execution to be sworn, 104

shall not be purchasers, 105

their fees, 108

may be tined for neglect of duty, ib.

of goods and chattels of deceased persons, fees of, 225

their duty, 250

of real estate sold by administrators, &c. their duty and compensation, 238
of ministerial Funds, their compensation, 194

of strays, their tees, 477

APPRENTICES AND SERVANTS,

how and by whom bound, 436

what indenture must contain, ib.

usage of, to ne inquired into by master and mistress, 437

proceedings in behalf of, against master, &c. ib.

proceedings against by master, &c. 438

penalty for enticing away or concealing, ib.

AQUEDUCT,

belonging to the canal, maliciously breaking or throwing down, how pun
ished, 374

ARBITRATION,

aa ac regulating, 264

what controversies may be submitted to, ib.

bond what to specify, 265

causes before justices may be submitted to, 176

ARREST,

what persons privileged from, 341, 2

not to be made on Sunday or 4th day of July, 342
insolvent debtors may be relieved from, and how, 330

ARSON,

how punished, 137

attempt to commit, how punished, 138

ASHES,

to what extent, 336

pot and pearl, inspector of, how appointed, 477