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Actions.-Continued.

DISMISSAL OF, §§ 2844-2848; 763.
For failure to give bond for costs,
§ 2928; 782.

On attachment bond, §§ 2961, 3017;
790.

To enforce lien of attachment upon partnership property, $§ 2973, 2974, 3054; 793.

Upon delivery bond in attachment,
$ 2998; 801.

Appellate jurisdiction in, § 3163; 835.
FOR RECOVERY OF SPECIFIC PERSONAL
PROPERTY:

How brought, §§ 3225-3228; 8 2.
Bond, seizure of property, $$ 3229-
3231; 854.

Execution of order, stay of proceed-
ings, $$ 3232-3237; 854.
Judgment and execution, §§ 3238-
3244; 855.

When before justice, where brought,
§ 3561; 899.

In justics' courts, § 3505; 913.
FOR RECOVERY OF RAL PROPERTY:
How brought, $$ 3245-3249; 857.
Pleadings, trial, §§ 3250-3267; 858.
New trial, §§ 3268-3272; 860.
TO QUIET TITLE, §§ 3273-3276; 861.
FOR PARTITION, §§ 3277-3306; 863.
TO FORECLOSE CHATTEL MORTGAGES,
§ 3307; 867.

TO FORECLOSE MORTGAGES ON REAL
PROPERTY, §§ 3319-3530; 868.

FOR NUISANCE, WASTE AND TRESPASS,
§§ 3331-3344; 871.

TO TEST OFFICIAL AND CORPORATE
RIGHTS, $$ 3345-3367; 872.

On official securities, $$ 336, 3369; 875.
For fines and forfeitures, §§ 3370-3372;
876.

OF MANDAMUS, §§ 3373-3385; 876.
FOR INJUNCTION, § 3386-3402; 879.
SUBMISSION OF CONTROVERSIES IN,
$$ 3408-3415; 884

AGAINST BOATS AND RAFTS, §§ 3432-
3448; 885.
BEFORE JUSTICES:

Where brought, $$ 8509-3514; 899.
Commencement of, $$ 3516-3523; 900.
Upon undertaking of bail, where
brought, § 4599; 1121.

Acts of General Assembly.

To be deposited with secretary of state,
$31; 6.

When to take effect, $$ 32-34; 6.
Printing of, §§ 35-37; 6.

Titles of, to contain references to Code,
$ 38: 7.

To be kept by secretary of state, § 61;

14.

Taking effect of, Const. Art. 3, § 26; 1227.

To embrace but one subject, expressed in title, Const. Art. 3, § 29: 1228. Local or special not to be passed, Const. Art. 3, §30; 1228.

A. D.

How construed, § 45, ¶ 11; 10. Additional Security and Discharge

of Sureties.

In case of public officers, §§ 772-780; 184.

Adit Levels.

Drainage of lead mines by, § 1229; 330. Adjournment.

Of SUPREME COURT for failure of judges
to attend, §§ 141, 142; 33.

OF DISTRICT OR CIRCUIT COURT:
For failure of judge to attend, §§ 167
-169; 39.

Effect of, $$ 170-172; 39.

After trial begun, $ 2796; 747.
While jury is out, $2798; 747.
During deliberation of jury, § 4458;
1098.

IN JUSTICES' COURTS:

When granted, $$ 3526-3529; 902. In actions of forcible entry and detainer, § 3618; 914.

OF GENERAL ASSEMBLY:

By governor, in case of disagreement,
Const., Art. 4, § 13: 1232.

Either house of, by less than quorum,
Const., Art 3, § 8; 1225.

-to regulate its own, Const., Art. 3, § 9; 1226.

By ether house of, without consent of the other, Const., Art. 3, § 14; 1226.

OF TAX SALES, § 883; 218.

Adjutant General of Militia.
Report of, 16 G. A., ch. 159, § 1; 28.
Rank, duties and compensation of, 18
G. A., ch. 74, § 12: 262.

Office of, clerical assistance in, 18 G. A.,
ch. 74, § 42; 267.
Salary of, § 3761; 944.
Admeasurement of Dower.

Proceedings, etc., for, §§ 2443-2451;

655.

Administration.

To whom granted, special, general, limited, foreign, §§ 2354-2369; 640. Administration of Oaths.

Who authorized to make, § 277; 59.
Affirmation, § 278; 60.

Administrators.

Jurisdiction for appointment of, § 2312; 634.

ADMINISTRATION GRANTED:

Whom appointed, united, bond, oath, letters notice, limitation, foreign, $$ 2354-2 69; 640.

Special, appointment and duties of, $$ 2357-2361; 641. SETTLEMENT OF THE ESTATE: Inventory to be filed by, § 2370; 642. May compound with debtor of estate, § 2382; 644.

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To take charge of real estate of dece-
dent, §§ 2402-2404; 647.
May be authorized to prosecute busi-
ness of decedent, § 2407; 648.
Service upon, of notice of claim.
§ 2408; 648.

Approval and payment of claims by,
S$ 2408-2428; 648.

Referees to examine accounts of,
§ 2412; 649.

To be substituted for decedent in ac-
tions, § 2416; 649.
Temporary, when to be appointed,
$2417; 649.

Manner of payment of legacies by,
$$ 2429-2435; 651.

Payment of distributive shares by,
$ 2437; 653.

ACCOUNTING BY, §§ 2469-2478; 660.
Not to derive profit or be accountable
to loss from administration, § 2473,
660.

To furnish clerk with list of heirs,
§ 2491; 662.
Complete record to be kept of sales of
real estate by, § 2492; 662.
Compensation of, $$ 2494, 2495; 662.
Removal of, §§ 2496-2503; 653.
Commitment of for failure to obey
order of court, § 2502; 663.
May sue in their own names, § 2544;
679.

Cannot bring action as to title of real
estate unless authorized, n. § 2388;
645.

See, also, ESTATES OF DECEDENTS, and
EXECUTORS.

Administrator de bois non.

May be appointed after five years
§ 2367; 641.

Administrator de son tort.

Proceedings against, n. § 2379; 644.
Admission of attorneys.

Requirements for, §§ 208-210; 47.
Admission of Debt.

By husband alone, will keep alive mort-
gage upon homestead, n. § 1990; 561.
Revives cause of action upon contract,
§ 2539; 677.

Admissions in Pleading.

Of allegations otherwise deemed con-
troverted, how made, § 2712; 726.
In one defense not to affect another de-
fense, n. § 2710; 726.

Admonition of Jury.
By court upon separation:

in civil cases, § 2792; 746.

In criminal cases, § 4435; 1094.

Adopted Child.

May inherit from natural parents, n.
§ 2310; 631.

Adoption of Children.

Method of, §§ 2307-2311; 631.
In orphans' homes, § 1634; 471.

In homes for the friendless, 17 G. A. ch.
176. § 5: 633.

Adoption of the Constitution.

Method and effect of, Const., Art. 12;
1244.

Adulterated Liquors.

Sale of, punished, § 4010; 1018.
Adulteration.

Of food or liquors punished, § 4036;

1017.

Of drugs or medicines, punished, § 4037;
1017.

Of milk, cheese, or butter, penalty for,
§ 4012; 1018.

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Evidence as to easement claimed by vir-
tue of, § 2031: 572.

Easement on light and air not acquired
by, $2032; 573.

Foot-way not acquired by, § 2033; 573.
Notice to prevent the acquisition of
easement by, $$ 2034, 2035; 578.
What sufficient, to bar action to recover
real property, n. § 2729; 671.
Advertisement.

Of tax sales, $$ 872-874; 214.

use of figures in, § 850; 216.
copy of, to be filed in auditor's
office, $ 881; 217.

Of estrays, § 1463-1471; 403.
Of stray vessels, raits, or lumber,
S$ 1509, 1513; 418.

Of lost goods, money, or notes, $$ 1515,
1516; 420.

Of unclaimed property by warehouse-
men, carriers, etc. § 2179; 607.
Fees for, when not otherwise provided,
$.3838; 966.

Affidavit.

For change of place of trial, §§ 2591,
2592; 692.

Of return of service of notice, § 2609;
699.

For service of original notice by publi-
cation, $2618: 701.

Of publisher as to publication of original
notice, § 2620; 702.

Affidavit.-Continued.

Verification of pleadings by, what suffi-
cient, $$ 2669-2673; 717.

For continuance for failure to answer
interrogatories, § 2696; 725.
Verifying interrogatories attached to
pleadings, § 2698; 725.

Of party filing interrogatories with
pleading, effect of, § 2699; 725.

For continuance, must state what,
S$ 2750, 2752; 736.

Of referee, § 2826; 753.

Of merits, to set aside default, § 2871;
768.

Of defense, on motion for security for
costs, $2927; 781.

For attachment, amendment of, § 3021;
805.

Of redeeming creditor as to amount due,
§ 3118; 825.

Perpetuating testimony by, § 3700; 932.
Of posting or serving notice or paper,
§ 3698; 932.

As to fact of publication, § 3697; 932.
False, by master of boat, to defraud in-
surer, punished, § 4085; 1030.

Affidavits.

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Upon application for receiver, § 2903;
778.

Upon motion for an order, § 2913; 780.
As to proceedings in foreclosure of chat-
tel mortgage, $$ 3314, 3315; 867.
As evidence; defined; how procured,
$$ 3689-3700; 931.

Fee for drawing and certifying to,
$ 3819; 962.

Affinity.

Degrees of, how computed, § 45, ¶ 24;

11.

Affirmance of Judgment upon Ap.

peal.

Agent.

Responsible for tax of property of
principal under his control, $817;
197.

Penalty for sale of liquors by, § 1540;
427.

With whom contract is made may sue

in his own name, n. § 2544; 679.
Of corporation, service of notice upon,
S$ 2611-2613; 699.

Verification of pleadings by, § 2672;
718.

Affidavit of, for continuance, $2750; 726.
Of non-resident, service on, of notice of
action to recover real property, § 3249;
858.

Appearing for party in justices' court,
showing of authority by, § 3524;
902.

Embezzlement by, §§ 3909; 989.
Agents of Insurance Companies.
Must procure certificate of authority,
§ 1145; 292.

Who deemed to be; advertisements by,
§ 1148; 293.

Who held to be soliciting agents, 18 G.
A., ch. 211, § 1; 300.

Agents of Life Insurance Companies.
Appointment, authority, etc., §§ 1164-
1166; 302.

Acting without certificate, liable to pen-
alty, § 1177; 307.

Agreements.

As to walls in common. § 2030; 572.
Of apprenticeship, how executed $$2281,
2282; 628.

As to change of place of trial, § 2330;

691.

To arbitrate must be specially pleaded

in abatement, n. § 271; 728
For continuance, effect of, § 2758; 738.
Of parties to majority verdict or struck
jury, $ 2778; 740.

For judgment, § 2561; 766.

For submission of controversies, §§ 3408
-3815; 884.

For submission to arbitration, §§ 8417–
3419; 885.

How construed when terms understood
in different sense, § 3652; 922.

For failure to file transcript or assign er- Agricultural College.
rors, $$ 3181-3183: 840.

Effect of, n. § 3194; 845.

Affirmation.

May be taken in place of oath, § 278; 60.
Affirmative of issue.

Who has, n. § 2779; 741.

Affray.

Defined and punished, § 4065; 1026.
Agency of Company or Individual.
P.ace of bringing action in transactions
connected with, § 2585; 689.

Service upon person employed in, § 2613;
700.

See STATE AGRICULTURAL COLLEGE,
S$ 1604-1622; 465.

Agricultural Societies.

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Alien.

Property rights of. SS 1908, 1909; 539,
and Const. Art. 1, § 22; 1223.
Non-resident, rights of widow in prop-
erty of, § 2442: 655.

May take distributive share in personal
property, n. § 2453; 657.
Naturalization of, p. 1184.

Alienation after commencement of

action.

Not to affect actions to recover real
property, § 3255; 859.

Alimony.

Temporary and permanent, when grant-
ed, §§ 2226-2229; 618.

Suit for, entertaine l in equity without
divorce, n. § 2229; 619.

In case of annuliing marriage, § 2236;

621.

Allegations.

Variance between, and proof, when
deemed material; effect of, $§§ 26-6-
2688; 721.

Material, when to be taken as true,
§ 2712; 726.

Of corporate, partnership, or represen-
tative capacity, how made and contro-
verted, §§ 2716, 2717; 728.

Alternative, to be attacked by motion
and not by demurrer, n. § 2720; 729.
Alleys.

Laying out, grading, etc. of, §§ 464,
465; 108.

Improvement of, 15 G. A., ch. 51; 110.
Improvement of at expense of adjacent
property, § 466; 111.

Allowance.

Of claims against estates of decedents:
By executor or administrator, §§ 2408-
2428; 648.

Special administrator not authorized
to make, § 2360; 641.

To widow and children out of estate,
S$ 2375, 2577; 643.

To administrators as compensation,
§ 2495; 663.

To posthumous children and others, not-
withstanding will, § 2535; 637.

Alteration of Instrument.

Deemed forgery, § 3917; 991, 965.
Alteration of Stamp or Brand.

Punished, § 4078; 1029.

Alternative Allegations,

Amendment.

OF PLEADINGS:-Continued.
Failure to file after demurrer sus-
tained, § 2654; 713.

Permitted without verification, § 2680;

719.

How made, do not entitle to continu-
ance, $$ 2686-2692; 721.

When considered as substitute, n.
$ 2692; 724.

Allowed by referee, § 2820; 751.

Default for failure to file. § 2869; 767.
Of return of service by sheriff, § 2606;
698.

Of bill of particulars, § 2713; 727.
Of application for continuance, § 2753;
738.

Of motion for new trial, n. § 2838; 761.
Of pleading, bond or proceeding in at-
tachment, § 3021; 805.

O abstract in real action, or in action
for paration, $$ 3251, 3279; 858.
Of petition in injunction, n. $3386; 879..
Of return of justice on appeal, §§3585,
3586; 909.

Amendments.

To school laws, publication of, 18 G. A.,
ch: 150, $2; 460.

To constitution:

How proposed and submitted, Const.,
Art. 10, SS 1, 2; 1241.

Method of submission of, 16 G. A.,
ch. 114; 1247.

Anamosa.

Penitentiary at, acts relative to; pp.
1157-1159.

Ancillary Administration.

Allowance of claims under, n. § 2352;
639.

May be granted after five years, n. § 2367;
641.

Animals.

Regulations as to transportation of,
§ 4032; 1016.

See, CRUELTY TO ANIMALS, also, DOMES-

TIC AND OTHER ANIMALS.

Annexation.

Of contiguous territory to city or town,
$$ 426-431; 98.

Of city or town to another city or town,
$$ 432, 433; 100.

Annual Interest.

Interest upon, n. § 2077; 580.

To be attacked by motion and not de- Annuities.
murrer, n. § 2648; 710.

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Listing of for taxation, § 813; 195.
Answer.

Of master to complaint of apprentice,
§§ 2290; 629.

Of apprentice to complaint against him,
§ 2295; 629.

Not necessary to claim against estate.
§ 2410; 649.

When to be filed, §§ 2635, 2636; 707.

Answer. Continued.

When to be filed to amendment to petition, § 2647, 710.

Objections not appearing on face of petition to be taken advantage of by, § 2650; 712.

May be filed to portion of causes of ac-
tion in petition, § 2651; 713.
May be filed on overruling of demurrer,
§ 2653; 713.

REQUISITES OF. §§ 2655-2658; 713.
By guardian, $2656; 715.

Equitable division of, into paragraphs, $ 2660; 716.

Demurrer to, § 2664; 716.
Reply to, § 2665; 717.

In action for damages, may set forth mitigating circumstances, § 2682; 719. Interrogatories may be attached to, § 2693; 724.

To interrogatories attached to pleadings:

May be read as deposition; may con

tain what. §§ 2693, 2694; 724. How compelled, § 2700; 726. May be quashed for failure to answer interrogatories, § 2700; 726.

Divisions of, how numbered, § 2705;

726.

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Appeals.

From orders removing or suspending attorney, $223; 50.

From superior courts of cities, 16 G. A., ch. 143, § 17; 143.

From action of city council as to damages from change of grade of street, $ 469; 112.

From police courts, § 546; 140.
From court for contesting elections,
S$ 716, 717; 177.

From board of equalization, $831; 202. In proceedings for es ablishment of highways, $$ 959-963; 242.

From appraisement of damages for taking private property for mill-dams and races, § 1194; 322.

In proceedings for location of drains, ditches and water-courses, § 1216; 327.

From assessment of damages by drainage of marsh lands, § 1223; 329. From assessment of damages for taking private property for works of internal improvement, §§ 1254-1259; 338. From finding of commissioners of insanity, 18 G. A., ch. 152; 391. From action of township trustees in assessing damages caused by stock, § 1455; 405.

From assessment of damages for taking property for school-house site, § 1827;

520.

From decisions of school officers, §§ 1829 -1836; 521.

From judgment against master or apprentice, $$ 2292, 2299; 629.

In proceedings to send child to home for friendless, 17 G. A., ch. 176, § 3; 632. From appointment of special executors, effect of, § 2358; 641.

Right to amend after reversal on, n. § 2689; 721.

What evidence to go to supreme court in case of, § 2741; 732.

From order granting or refusing continuance, § 2755; 738.

Effect of, upon liens of judgments, n. § 2882; 772.

From judgments by confession, n. § 2897; 776.

From order as to security for costs, n. § 2927; 781.

Bill of costs in case of, § 2945; 785. From judgments in garnishment proceedings. § 2993; 800.

From order discharging attachment, $$ 3019, 3020; 805.

No stay allowed in case of judgment upon, $ 3061; 813.

Not allowed after stay, § 3063; 814. Waive right of redemption, § 3102; 822. From proceedings to vacate judgments, n. § 3154; 831.

TO SUPREME COURT, IN CIVIL CASES: When allowed, §§ 3163-3177; 835.

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