EQUITY.

distinction between actions at law and

equity abolished, 531.

appeals in actions in, 619.
ERROR. See Appeal.

writ of, not to be denied, 17.

in cases from police courts, 98.
county court to district court, 208.
new trial granted for, 572.

judgment by confession operates as a re-
lease of, 586.

reversal of judgment not to affect title of
purchaser, 597.

in civil cases, 606–612.

in criminal cases, 739.
immaterial disregarded, 549.
not allowed after stay, 591.

actions by and against state, 661.
ESCAPE.

patients from insane hospital, 306.
prisoners, 691.

aiding in, 396, 692.

rewards offered for, 712.

defendant in civil cases, 551.

ESCHEATED ESTATES, 486, 500.

ESTATE.

descent and distribution, 215-217, 232-233.
in dower, 212.

by curtesy, 215.

partition and distribution, 247, 248.
escheated, 486, 500.

insane persons, 307.
real, 387-394.

ESTOPPEL.

counties and cities under internal im-
provement act, 324.

ESTRAYS, 272–273.

EVIDENCE.

proof of cattle brand prima facie, of

ownership, 54.

records of probate (county) court, 209, 210.

bonds of guardians; perpetuating testi-

mony, 210.

cases of contested election, 267.

bastardy cases, 298.

suits against liquor sellers, 336.

stock brand prima facie evidence of own-
ership of stock, 341.

marriage certificate, 342.

deeds, mortgages, decree, judgment, etc.,
389, 390.

copies of records proof of sale of proper-
ty for taxes, etc., 426.

record of notary public, 363.
revised statutes admissible, 529.
compiled statutes admissible, 530.

EVIDENCE.-Continued.

competency of witnesses, 574, 575.
general rules concerning, 575–584.
admission, inspection and proof of docu-
ments, 581.

of debt filed with justice, 658.
in criminal cases, 732, 735.
EXAMINATION.

police courts, 98, 99, 105, 107.
juvenile offenders, 396.
garnishee, 558.

judgment debtor, 601.

preliminary, before magistrates, 712.
teachers, 464.

EXCEPTIONS.

in general under the code, 571.
before referees, 570.

bill of, 98, 571.

to depositions, 580.
justice of peace, 643.

in forcible entry and detainer, 648.
criminal cases, 736.

taken by district attorney, 736,741
EXECUTIVE DEPARTMENT, 23, 490.
EXECUTION.

property of railroads liable to sale, 32.
stay of, 106, 207, 590, 608, 651.

issued by probate (county) judge, 207.
not to issue against estate of decedent,
239.

may issue against estate of decedent,
when, 245.

homestead, subject to, when, 296.
garnishment after return of execution
unsatisfied, 562.

general provisions concerning, 590.
stay of, 590.

by proceedings in error, 608, 609.
justice of peace, 651.

proceedings in aid of, 601.

against the person, 603.

delivery of real property, 604.

judgment docket in district court, 585.

judgment dormant, 591.

sureties and bail, 598.

issued to sheriff of another county, 590,

599.

forcible entry and detainer, 649.

in justice's court, 646, 651.

in criminal cases, 741, 746.

on mandate supreme court, 610.
EXECUTION DOCKET, 573.
EXECUTORS AND ADMINISTRATORS.
bond act applicable to bonds of, 75.

may be compelled to give new bond, 205.

FEES AND SALARIES.-Continued.

members of legislature, 17, 19.

militia, 353.
micellaneous.

fees in advance, 279, 280.

costs taxed separately, 280.
bill of particulars, 280.

items indorsed on process, 280.
illegal fees; penalty, 280.
tables posted up, 280.

oath of officers who draw a per diem, 280.

on arrest and examination of offenders;
paid by county, 195, 744.

trial right of property, 592.
habeas corpus, 723.

notaries public, 278.

penitentiary officers, 508.

physician, county, 373.

insane hospital, 309.

printers, 278.

register in chancery, 275.
register of deeds, 278.

reporter district court, 203.

reporter supreme court, 27, 199.
secretary of state, 26, 364, 491.
deputy, 492.

sheriff, 55, 275, 276, 308, 328, 510.

superintendent insane hospital, 309.
superintendent instruction, state, 26.

superintendent instruction, county, 464.
superintendent reform school, 395.
surveyor, 278.

treasurer, county, 278.

treasurer, state, 26.

village officers, 110, 120.

warden and deputy, 508.
witnesses, 279.

demand fees, 577.

fees unclaimed paid into school fund,280.
in criminal cases, 746.

FELONY.

person convicted of, not eligible to of
fice, 35.

aiding and abetting, 663.

defined, 705.

FEMALES. See Married Women.
rape, 664.

carnal knowledge when insane, 696.
marriage incestuous, 697.

obscene language in presence of, 697.
exposure of person in presence of, 697.
illicit intercourse, under promise of mar-
riage, 697.

pregnant, under sentence of death, 747.
abortion, 668.

FENCES.

general provisions, concerning, 47–49.
by railroads, 381-382.

injuries to, 679.

FERRIES.

general provisions concerning, 282–284.
FIGHTING BY AGREEMENT, 664.
prize fighting, 664.
duelling, 664.

affray, 664.

FILLMORE COUNTY, boundaries, 165.
FINAL ORDER, defined, 606.
FINDINGS, of court, 569.

of jury, 569.

FINES AND PENALTIES. See Contempt.
fines not to be excessive, 16.

belong to school fund, 30.

under act relative to contagious dis-,

eases, 55.

cities of first class, 101.

cities of second class, 105, 115.

limitation of action for recovery, 532.

actions for where brought, 536.

how enforced, 742.

to whom paid, 744.

statement filed with clerk, 745.
remission of, 749.

FIRE COMPANIES, 285.

property exempt, 285.
how incorporated, 139.

FIRE GUARDS.

along public roads, 448.

FIRE INSURANCE. See Insurance.

FISCAL QUARTER, 20.

FISCAL YEAR.

cities and villages, 122.

state, 495, 456.

FISH, act relating to, 285.

offenses relating to, 676.

catching at certain seasons, 702.
injury to hatchery or pond, 676.
possession of, 676.

FETICIDE, 664.

FORCIBLE ENTRY AND DETAINER.
limitation of action, 532.

jurisdiction of justice, 632.

practice and procedure, 647.

proceedings in error not to stay execu-
tion, unless undertaking filed, 609.
FORECLOSURE.

chattel mortgage, 82.
mechanic's liens, 346.
tax liens, 432, 435, 436.
real estate mortgages, 626.
FOREIGNERS. See Aliens.
FORGERY, 688.

FORMER ACQUITTAL, 731.
FORNICATION, how punished, 697.
FRANKLIN COUNTY, boundaries, 165.
FRAUDS AND PERJURIES.

statutes relating to, 286-289.

GARNISHMENT.-Continued.

in certain cases after execution returned

unsatisfied, 562.

290.

assessment of property of, 402.

limited partnerships, 370.

FRAUDS.

limitation of action for, 532.

causes of action survive, 588.
by factors and agents, 684.

by consignors of goods, 684.
false receipt; bill of lading, etc., 684.
of parties having possession of mer-
chandise by virtue of warehouse re-
ceipts, 684.

by member of partnership, 686.
by bank officers, 686.

in weighing commodities, 686.

upon life insurance company, 687.
county contracts for building, 688.
claims against state, 660.
FREIGHT. See Railroads.
FRIENDLESS, home for, 295.
FRONTIER COUNTY, boundaries, 165.
FRUIT TREES. See Trees.
FUGITIVES FROM JUSTICE, 7.

arrest of, 716.

FUNDS. See Schools, Revenue, etc.

FUNDING. See Sinking Fund. Bonds-
Municipal.

cities of first class, 89.

cities of second class, 128.

county indebtedness, 191-193.

bonds in certain cases, 325-326.

schools in cities, 474, 478.

state indebtedness, 502.

FURNAS COUNTY, boundaries, 165.

GAGE COUNTY, boundaries, 165.
GAME.

offenses relating to, 675.

catching fish in certain cases, 676.
transportation of, interdicted, 675.
unlawfully taken, disposition of, 676.
GAMING, how punished, 698-700.
GARNISHMENT.

how obtained, 557.

service of order of, 557..

appearance of garnishee; answer, 558.
payment into court; discharge, 559.
failure to appear; contempt, 559.
action against garnishee, 559.
judgment; costs, 559.

publications in, 196.

GLANDERS, 55.

GOODS AND CHATTELS. See Execu-

tions. Frauds.

receiving when stolen, etc., 681.

GOOD TEMPLARS incorporated, 161.
GOOD TIME ACT, 749.

GOSPER COUNTY, boundaries, 165.
GOVERNOR.

members of legislature ineligible to ap-
pointment, 18.

term of office; reside at capital, 23.
qualifications for, 24.

executive power invested in, 24.
message; account of public funds, 24.
convene legislature; prorogue same, 24.
appointments by, 24.

removal of officers by, 25.

commutations and pardons; treason; re-
port of pardons, 25, 749.

commander in chief militia, 25, 349.
approval of laws; veto, 25.
vacancy in office of, how filled, 25.

fill vacancies in executive offices, 26
report of public officers; salary, 26.
bond, 26, 74.

report of agricultural and horticultural
societies, 43, 44.

proclamation if amendments to constitu-
tion, are adopted, 53.

fill vacancy of district attorney, 67.
designate fiscal agency, 68.

approve official bonds, 72.
appoint private secretary, 490.
bond of secretary, 74.

proclamation upon organization of cities
of first class, 83.

convey lands to railroads, when, 152.
organization of new counties, 171.

report concerning deaf and dumb, 212.
election of, 257.

proclamation of election, 258.

canvass votes, 264.

appoint fish commission, 285.

appoint superintendent and assistant of
insane hospital, 300.

report of principal of blind institute, 311.
calling out militia, 349.