to stop at crossings of other rail- roads, 1155, 61, 62. obstructing roads. 1155, $63. 64. ENGLISH LANGUAGE, laws, writings and proceedings to be in, 34. 18.
ENROLMENT of militia, 1448,
ENTAILMENT, 307, § 6. ENTRY into lands barred after 20 years, 939, §§ 1-3. EQUALIZING legacies, 68, $ 78. EQUALIZATION OF TAXES. by town board, 1246, § 86-88. by county board, 1249, § 97. by state board, 1252. SS 100-116. (See State Board of Equalization, 1252.)
EQUITABLE INTERESTS.
lien of judgments upon, 861, § 3. liable to attachment, 126, § 8. subject to dower, 549, § 1. EQUITY. (See Chancery, 183.) ERROR.
coram nobis abolished, 1108, § 67. in fact, how corrected, 1108, § 67. in criminal cases, assigned as in civil, 532, 437: 1107, § 63. assignable in civil cases, 1106, § 61.
on agreed case, 1110, $ 75. cross-errors may be assigned, 1- III, § 73.
joined in, III, § 80.
(See Abatement, 37; Amendments and Jeofails, 96; Writs of Er- ror.)
by refusal of officer to arrest, 459, 83.
aiding a prisoner, 459, § 84. rescue, 459, $ 85.
the preceding extend to civil pro- cess, 459. 86.
rescue of prisoner charged with high crime, before conviction, 459, $ 87.
rescue of prisoner convicted of high crime, 459, § 88.
officer allowing before conviction, 460, $ 89.
officer allowing after conviction, 460, $ 90.
officer of penitentiary allowing, 460, 91.
aiding escape, 460, § 92.
from reform school, 1212, § 14. recapture of prisoner, 517, § 346. on ca, sa, re-arrest, 874, § 64. ESCHEATS. Ch. 49, 652, § 1-7. to county, 652, § 1.
personal property - administra- tion, etc., 652, § 2. proceedings by county for es- cheated property, 652, § 3. defense, 653, 4.
escheat of property of bastard, 542, § 2. ESTATE.
of curtesy abolished, 549, § 1. of dower. (See Dower, 548, SS I-47.)
of homestead, exemption of, 676, $ 1.
of aliens, how distributed, 95, $2.
what passes by conveyance or de- vise, 310, 13. equitable lien of judgments upon, 594. § 1-3.
conveyance of, when husband or wife insane, 793, SS 17-21. ESTRAYS AND LOST PROP- ERTY. Ch. 50, 655, SS 1-35. when estrays may be taken up, 655, § I.
who may take up estrays, 655, § 2. not to use before advertising, ex. cept, etc., 655. § 3. several estrays, 655, § 4. notice of taking up, 655, § 5.
ESTRAYS AND LOST
ERTY-Continued.
PROP-ESTRAYS AND LOST PROP-
ERTY-Continued.
costs, 660 30. deposit, 661, § 31.
when taker-up and owner do not agree, 661, 32.
penalty against justice for failure
to pay money, etc., 661, 33- penalty against taker-up,661, $34. penalty for selling, etc., estray, etc., 661, 35. EVICTION, when rents not re- coverable, 612, § 52. EVIDENCE AND DEPOSI- TIONS. Ch. 51, 662, 1-51. witnesses-competency and cred- ibility of, 662, § I.
when not competent-exceptions, 663, § 2.
book account, 664, § 3. partners and joint contractors, 664, 4.
husband and wife, 664, $5. adverse party compelled to tes- tify, 665, § 6.
incompetency not removed by re- lease, etc., 665, § 7. further exceptions, 665, § 8. production of books and writings, 665.9.
records, etc., of cities, etc.-how certified, 666,
14. records, etc., of private corpora- tions-how certified, 666, § 15. form of certificate, 666, § 16. records of justices of the peace- how certified, 667, § 17. sworn copies, 667, § 18. penalty, 667, $ 19.
U. S. register or receiver-certifi- cate of, 667, § 20. patent-best evidence, 667, § 21. state patents - when copy of re- cord evidence, 668, § 22.
EVIDENCE
TIONS-Continued.
state land sales-copies of en- tries, etc., 668, § 23. depositions of resident witnesses in chancery, 668, § 24. depositions of resident witnesses in law, 669, § 25. deposition-when witness is non- resident-notice, 669, § 26. notice to non-resident party, etc., 669, $27.
oral examination, 670, § 28. oral examination-costs, 670, S
effect of deposition, 671, $ 34. further examination of witness, 672, $35.
attendance of witnesses before commissioners, etc., 672, § 36. fees of witnesses before commis- sioner, etc., 672, 37. oral testimony in chancery, 673, § 38.
PERPETUATING TESTIMONY.
when and how testimony per- petuated, 673, 39.
how docketed, 673, § 40. several commissions may is-
sue, 673, 41. notice, 674, § 42.
notice to non-resident, etc., 674,
in county court on settlement of estates, 64, § 65.
parties may testify in trial of
bastardy, 164, § 6.
dedimus to prove will, 535, $4. before referees, 1209, 1-4. under plea of justification in
slander or libel, 1423, 3. in ejectment suits, 606, 19. under liquor law, 601, § 14. common law rules apply to
criminal cases, 531, 428. accused need not give against himself, 3. 10.
accused may testify in his own behalf, 530, § 426.
of joint right of plaintiffs, 897, $57; 1099. $ 35.
of joint obligations of defend- ants, 897, 58; 1099, $ 36. when oath administered out of
affidavit to plaintiff's account prima facie, 1100, $ 38. continuance to obtain, IIOI, S 43.
admission of affidavit for con-
tinuance, 1102, § 44.
effect of admission, 1102, §
45. depositions in injunction cases, 798, § 17-20.
of extortion and unjust dis- crimination, 1168, §, 112; 1171, § 118.
EVIDENCE AND DEPOSI-
TIONS-Continued.
record of indictment prima facie, 528, 413. inventories and bills of ap- praisement, 62, § 56. ordinances of cities, etc., how proved, 233, § 65. certified copy of record of for- eign will, 317, § 33.
copies of record of wills, 1540, $ 18.
copies of papers in governor's
and secretary of state's offi- ces, 1416,7; 1418. § 11. copies of record, etc., certified by auditor, 154, $6. record of justices and con- stables, 886, 12. copies of state treasurer's re- cords, etc., 1460, § 5. notary public's record, 1009,$14. county surveyor's record, 1468, $7.
copies of papers in town clerk's
office, 1507, $117.
records of marks and brands, prima facie, 965, § 3. copies of sheriff's bond, 1419, $5.
copies of coroner's bond, 321, $5.
laws, journals and resolutions of general assembly, 1417, $8.
copies of certificates and pat- ents for school lands, 1405, $97.
certificate of marriage, 967, § 12. deeds, title papers, etc., of
canal, 174, 10.
copies of canal deeds, records, etc., 174, 10, II. deeds, etc., certified copies from record, 317, SS 35, 36. sheriff's or master's deed, 869, $33.
sheriff's or master's deeds, when judgment lost or de- stroyed, 869, § 33.
EVIDENCE AND DEPOSI- TIONS--Continued.
recitals in mortgagee's deed, 995. $ 15.
copy of record of chattel mort- gage, 992, § 5.
sheriff's certificate of sale, and record thereof. 865. $ 17. of claims before claim com- missioner, 299. § 4.
(See Records, 1196, § 1-30.) EXAMINATION.
of person charged with crime, 517, 347. of fugitive from justice, 745, 4 on return of habeas corpus, 779, $18.
of attorney for admission, 147.83. on charge of lunacy, etc., 955. § I. of insolvent debtor, 804. § 6. of school teachers, 1378, 50, 51. of the offices of clerks of courts, 293, 22.
of jail, 858, S$ 26-28.
of life insurance companies, by auditor, 837, 48.
of fire insurance companies, 826,
of official bonds, 1017. SS 2-9. of railroads and warehouses, 1187, § 163. EXCEPTIONS. in cases tried by court, 1101, § 42; 1106, § 61.
to giving or refusing instructions, 1104, $ 54.
during trial, 1106, § 60.
to decisions, etc., 1106, § 62. to bill in chancery, 186, § 16. to answers or interrogatories, 189, $27.
to cross-bill, 190, § 32.
in criminal cases, 532, § 437; 1107,
in ejectment, 610, § 37.
to bond taken by sheriff in attach- ment, 128, 17.
to bond taken by constable in at- tachment, 136, § 57.
to bail in civil cases, 159, § 7, 8.
of judges of circuit courts, etc.,
of judges of city courts, 429, § 245. of judges of county courts, 416, $92a.
EXCUSABLE homicide, 476, SS 153, 154. EXECUTION.
of criminal, 533, §§ 439-443. of writ of attachment, 126, § 8. of attachment against water craft, 139. $8.
of search warrant for records withheld, 493, § 218.
of deeds in chancery, 192, of decree in chancery, 193, § 47. of deeds by officer on sale under execution or decree, 868, 30. of deed, enforced after death of party, 303, § 2.
of instrument, denial of, 897, S 56; 1098, 34.
of deeds. (See Conveyance, 305, SS 1-40.)
of wills. (See Wills, 1534, § 1-20.) EXECUTIONS
homestead exempt from, 676, § 1. personal property exempt, 679, $13.
certain wages exempt, 680, not to issue against county, 366,
levy and sale of stock on, 872, $$ 52-57.
motion in vacation to quash, 1107. $65.
from supreme court, IIII, 81. after appeal to supreme court, 1112, 83.
docket of, kept by clerks of courts, 290, 16.
fee bill to issue with, 292, § 16, item 5.
from justice's court:
on appeal from justice, 903, $81.
twenty days-swearing out ex- ecution, 903. § 82.
against body or goods, 903, $83.
capias ad satisfaciendum, 903, $ 84.
form of execution against prop- erty, 903, 85.
to be levied only on personalty, 903, 85, 873, § 61.
form of execution against body, 904, § 86.
lien of execution and judg- ment, 904, 87. indorsement levy-sale-no- tice, 904, $ 88.
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