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BILL IN CHANCERY,-(Continued)

for dower, who to be made defeadants, 251

to obtain title, when occupying claimant may file, 264

[459

may be filed against trustee by purchaser of land held in trust for banks,

BILLS OF EXCEPTION,

to the opinion of the court may be taken, 75

julges must sign and seal, ib.

may be taken in criminal cases, 160

BILLS OF EXCHANGE,

negotiable by indorsement, 217

protested, what damages drawers and indorsers shall be liable to pay, 452

BILLS OF LADING,

on canal boats, what to contain, 386

to what collectors to be presented, 387
penalty for omitting to exhibit, 388
must be verified by oath, if required, ib.
false, penalty for signing or delivering, ib.

at what time to be exhibited, 395

may be detained by collector till tolls are paid, ib.

BILLS OF PARTICULARS,

must be delivered to opposite party in suit, if required, 72
must be filed with justices of the peace, 175

must be sent up with transcript on appeal, 178

of officers' fees, till made out, payment may be refused, 227

BISCUIT,

inspection of, 420

BLACKS AND MULATTOES,

to produce certificates of freedom, 439

citizens not to employ without certificate, ib.
to have certificates of freedom recorded, 440
not to settle in this State without giving bond, 441

not complying may be removed, ib.

not to give evidence when either party is white, ib.

owners of, may prove property before judge or justice, 440
not to be removed without proof, 440 442

persons preventing owners from taking, how punished, 440

free, seizing or detaining of, with intent to transport, how punished, 412

BOATS,

what description of, may navigate the canals, 381.393

size and structure of, may be regulated by canal commissioners, 377

manner of passing each other on the canals, 382

manner of passing locks, ib.

registry of, how made, 385

may be changed, 386

name of, to be painted thereon, ib.

each to have a separate clearance, 388

may be detained till tolls are paid, 389, 897

BOATS,-(Continued)

liable for the payment of penalties incurred by owner, master or boatmed,
may be detained till penalties are pard, 390

not to be unladen till permit is obtained, 396

navigating the canals without authority, may be stopped, ib.

of the U. S. may navigate the canals toll frce, 397
adrift, may be taken up, 475

BOND,

when to vest in taker up, ib.

when to be sold, and how, 476

for appearance of defendant, (see Bail bond.)

in criminal cases, (see Recognizance)

taken by justices of the peace, (see Recognizance

to be taken on allowance of habeas corpus cum causa, 65

to be given by plaintiff in error, 77

to be given on appeal from C. P to S court, 78

not required of administrator, &c., appealing, ib.

to be given on allowance of injunctions, 87

injunction and appeal, when suit may be commenced on, 108

to be given by plaintiff in replevin, 128

of plaintiff in replevin, when may be sued, 130

[383. 390

may be taken for the delivery of property levied on and remaining unsold,

may

be required of garnishee in attachment, 131

to be given on allowance of certiorari, 179. 212
arbitration, what to contain, 265

what negotiable by indorsement, 217

to be given by agents of foreign insurance companies, 303
to be given by blacks and mulattoes before settling, 441
to be given by insolvent debtor applying for relief, 331, 2
for privilege of prison bounds, 340

to be given by applicant for alteration of state road, 355

for laying out or altering county road, 35
to be given on appeal from decision of county commissioners, 364
of township trustees, 366

BONDS OF OFFICERS,

of auditor of state, 500

of state treasurer, 503

of chief clerk in auditor's office, 50%

of clerk of courts, 57

of sheriff and coroner, 112

of county auditor, 280

of county treasurer, 291

of county assessor, 270

of justices of the peace, 169

of constables, 486

of executors and administrators, 231, 2

of guardians 248

of county surveyor, 400

of notary public, 409

of auctioneer, 305

of commissioner of insolvents, 328

of county recorder, 345

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unlawful destruction of, how punished, 147. 374
an act for the security of, 372

across the canal on new roads, to be constructed at the expense of the
county, 375

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prohibited, and how punished, 163

538

BULLETS,

playing at, in streets, prohibited and punished, 162

BURGLARY,

how punished, 138

BURNING,

of hay, corn, &c., maliciously, how punished, 150
of woods and prairies, 151

of buildings, (see Arson.)

BURYING GROUND,

taking dead body from. how punished, 148

not exceeding ten acres, exempt from taxation, 272

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BUYING,

stolen notes, &c., with knowledge, how punished, 139
stelen goods, 140

stolen horse, 141

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CANALS,

penalty for trespassing on the towing path of, 373
for obstructing the navigation of, 373. 383

for injuring lock, gate, bank, dam, culvert, &c., 374. 381
for taking water out of, without permission, 374, 379
for opening or shutting gates without permission, 378

persons injuring, how proceeded against, 375, 6

what description of boats may navigate, 381. 393

at what rate floats may move on, 381

collectors of tolls on, how appointed, 384

principal of common school fund appropriated to the construction of, 426

CANAL BOATS,-(see Boats.)

CANAL COMMISSIONERS,

may make rules in relation to the navigation of the canals, 377
shall furnish superintendents and collectors with copies of rules,
shall appoint collectors of tolts, 384

shall furnish auditor of state with names of collectors &c., 392

may sell surplus water, 378, 380

may sell lands purchased by, or granted to the State, 380

may purchase water power, mill or mill site, in certain cases, 398

acting, may appoint appraisers to assess damages, 376

may change roads when necessary to the construction of the canals, 376.

CANAL FUND,

to be charged with drafts on the school fund, 426

CANAL STOCKS,

standing in the name of deceased persons, how transferred, 399.

CAPIAS,

ad respondendum, when to be first process, 117
how executed and returned, 117, 8

alias and pluries may issue, 118

against two or more, how executed and retrned, ib.
when surety may sue out against principal, 462
before justices, when first process, 172, 3

sum demanded to be indorsed on,

174

proceedings before justice on return of, 174

may be issued by justice on transcript, 187
form of, to be used by justices, 193

ad satisfaciendum, discharged by delivery of sufficient property, 109
issued to another county, how executed, 107

on an indictment, how executed,

CAPITAL,

tees of sheriff for executing, 226
how to be indorsed, ib.

118, 9

may issue to another county, 119

of merchants and exchange brokers, subject to taxation, 272

CASUAL EJECTOR,

how listed, 273

judgment not rendered against, without ten days' notice to tenant, 68
who may be made defendant instead of, ib.

judgment against, at first term, unless consent rule be entered into, 69

CELLS,

to be constructed in jails, 315

CEMETERY,

taking dead bodies from, how punished, 148

CERTIFICATE,

of election, to be given by clerk without fee, 54

to be used by officer taking depositions, form of, 126

of the performance of labor on roads, its effect, 367. 370
of purchase at tax sale, to be given by auditor, 288

made assignable, ib

so of forteited lands, 298

of commissioner of insolvents, what to specify, and its effect, 333
granted by court to insolvent debtor, its effect, 336

of the acknowledgment of deeds, what to contain, 347

of registry of canal boats, what to contain, 385

respecting the cargo of canal boats, to be signed by the master and sworn
to if required, 394

of the oath of office by a judge, to be deposited with clerk in 20 days, 407
of qualification to be obtained by school teacher annually, 420
of freedom, to be produced by blacks and mulattoes, 439

to be recorded in clerk's office; 440

of inspectors of beef, flour, &c, what to contain, 483
of secretary of state, to be appended to the laws, 504

CERTIORARI,

who may allow writs of, 56, 7
mot to issue till bond given, 179

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