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Proceedings.-Continued.

By or against decedent, continued in
name of personal representative,
$ 2527; 670.

Against a defendant not served, § 2627;
705.

In case of misjoinder of causes of action,
§ 2634; 707.

May be amended, § 2689; 721.
Ordinary and equitable, trial of issues
in, SS 2740-2743; 732.
SUMMARY, §§ 2906-2910; 779.
Summary, on bond for costs, § 2932; 782.
In attachment, to be independent of or-
dinary proceedings. § 2950; 787.
In attachment, amendments in, § 3021;
805.

Summary, against debtor, auxiliary to
execution, § 3135-3149; 828.

In equity, to subject proper y to pay-
ment of judgment, $3150-3153; 830.
To vacate or modify judgment in court
where rendered, $$ 3154-3162; 831.
Special, appellate jurisdiction in, § 3163;

835.

Stay of, on appeal, $$ 3186-3193; 843.
Upon writ of certiorari, §§ 3216-3224;
849.

Kind of, in action to recover personal
property, § 3226; 853.

In action for recovery of real property,
$$ 3245-3272; 857.

In action to quiet title, §§ 3273-3276;
861.

In action for partition, § 3277; 863.
To foreclose mortgage of personal prop-
erty. $$ 3307-3318; 867.

To foreclose mortgage of real property,
$3319; 868.

In actions to test official and corporate
rights, § 3345: 872.

By mandamus, §§ 3373-9385; 876.
For injunction, $$ 3386-3402; 879.
Ordinary, granting of injunctions in,
$3386; 879.

In civil action, or on judgment, how
enjoined, $$ 3396; 882.

Upon

submission of controversies,
$$ 3408-3415; 884.

In habeas corpus. $$ 3473-3490; 893.
In forcible entry and detainer, §§ 3616-
3618; 914.

Of officers and inferior courts, presump-
tion as to, § 3669; 9.9.

In district court, in case of security to
keep the peace, $$ 4121-4129; 104).
Before justices, see JUSTICES OF THE
PEACE.

Proceeds,

Of sale of unclaimed property, § 2181;
608.

Of escheated property, disposition of.
S$ 2463, 2464; 659.

Process.

Service of, upon lands owned by U. S.,
Ꭶ 4, 1.

Process. Continued.

How attested, § 188; 43.

Sheriff may call out posse to execute,
$340; ; and $ 4145; 1043.
Execution of, by sheriff after expiration
of office, $344; 82.

Service of, by coroner, § 350; 83.
Service of, by person specially appointed,
$351; 4.

Service of, upon foreign insurance com-
panies, § 1144; 291.

Service of, on agents of life insurance
companies, § 1165; 802.

In probate matters, may be revoked,
§ 2320; 635.

How served on persons in lunatic asy-
lum. § 2616; 700.

Of supreme court, § 3172; 838.

upon judgment, § 3197; 846.
Under which prisoner is held, penalty
for refusal to deliver copy of, § 346~;
892.

Not to be issued from justice's court in-
to another county, $3631; 916.
Refusal of officer to execute, punished,
§ 3919; 998.

Resisting execution of, punished, $3960;
1080.

Officer may call out power of the county
to aid in executing, § 414; 1043.
Person resisting service of, punishable
for contempt, § 4146; 1043.

Person refusing to assist officer to exe-
cute, guilty of misdemeanor, § 4147;
1043.

Governor may call out force to assist in

executing. § 4148; 1044.

Upon an indictment, $$ 4318-4326; 1674.
To be served by warden of penitentiary,
$ 4772; 1150.

For witnesses, accused entitled to,
Const, Art. 1, § 10; 1218.
Authority of supreme court to issue,
Const., Art. 5, § 4; 1233.
Style of, Const., Art. 5, § 8; 1234.
Proclamation of Governor.

Of general or special election, §§ 577,
579; 156.

Of proposition to amend the constitu-
ton, 16 G. A.. ch 114; 1247.
Production of Books and Papers.
how compelled, §§ 5685-3688; 931.
Professors.

Not liable to jury service, § 228; 51.
Profits.

Of real property of decedent to le col-
lected, applied and accounted for, by
administrator, §§ 2402-2404; 647.
Not to be derived by administrator from
estate, § 2473; 669.

Prohibition, Statutory.

Against commencement of an action
prevents the bar of the statute of lim-
ita ion from running, § 2541; 678.

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Burden of, see BURDEN OF PROOF.
Of loss to be given before action
brought on insurance of policy, 18 G.
A., ch. 211. § 3; 300.

Of execution and delivery of deeds, etc.,
§ 1959; 554.

Of publication of original notice, how
made, § 2620; 702.

Greater amount of, not rendered neces-
sary by verification, § 2679; 719.
Mere insufficiency of, does not constitute
a variance, § 2688; 721.
Extent of, required, § 2729; 729.
Correspondence of, with petition in jus-
tice's court, n. § 3530; 902.

Of service of subpoenas, § 3671; 929.
Property.

Term includes what, § 45 ¶ 10; 10.
Of state, executive council to have charge
of, § 120; 25.

What exempt from taxation, § 797; 189.
How taxed, § 801; 192.

Classification of, for taxation, § 821; 193.
Of stockholders in corporations, liability
of, for corporate debts, § 1068; 271;
and $$ 1082-1085; 274.

Of railways, taxation of, §§ 1317-1323;
360.

Rights of aliens in, § 1908; 539.
Contracts payable in, §§ 2097-2102; 588.
-usurious, interest upon, n. § 2079;

580.

In hands of warehouseman or whar-
finger, SS 2172, 2173, 2175; 606.
Lien of warehousemen, carriers, etc., on;
sale of, etc., §§ 2177-2180; 607.
Perishable, sale of, by warehouseman,
common carrier, etc., § 2180; 608.
Rights of married women in, § 2202-
2214; 613.

Control of, in case of abandonment of
husband or wife by the other,
$$ 2207. 2208; 614.
Conveyance of, in case of insanity of
husband or wife, §§ 2216-221, 616.
OF MINORS :

Guardian appointed to manage,
§ 2243; 623.

Authority of guardian or court over,
§ 2245; 623.

Sale of, by guardian, § 2257-2265;
624.

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When bound. § 2969; 793.

Perishable, sale of, § 2999; 801.
Control and sale of, § 3012; 804.
Returned to defendant, § 3015; 804.
EXECUTIONS UPON:

Of state or public corporation exempt
from, $ 3048; 810.

Of partnership, levy upon, $$ 3053,
3054; 811.

Recovery for injuries to, by purchaser
at execution sale. § 3127; 827.

Of judgment deutor, disposal of, in
summary proceeding, $$ 3140, 3141;
828.

Equitable proceeding to subject to pay-

ment of judgment, §§ 3150-3153; 850.
To be released from levy on filing of
appeal bond, § 3193; 844.

Offenses against, §§ 3880-3901; 981.
Stolen or embezzled, disposal of, § 4648;

1129.

Stolen. seizure of, on search warrant,
$ 4630; 1127.

Right of acquiring, possessing and pro-
tecting, Const., Art. 1, § 1; 1214.
Private, not to be taken for public use,
without compensation, Const., Art.
1. § 18; 1220.

Rights of aliens as to, Const., Art. 1,
$ 22; 1223.

Of corporations, taxation of, Const., Art.
8, § 2; 127.

Property, Personal.

Term includes what, § 45, 9; 9.
Cities and towns may acquire and hold,
§ 454; 106.

To be assessed in name of owner or his
agent. § 812; 195.

Place of taxation of, n. § 823; 199.
Acknowledgment and recording of in-
struments of conditional sale of,
§ 1922; 542.

-of bill of sale or mortgage of,
§§ 1923-1926; 542.

Property, Personal.-Continued.
Mortgagee entitled to possession of,
§ 1927; 544.

Of non-resident minor, delivery of, to
foreign guardian, § 2271; 627.

Of decedent, title to, upon failure to take
out administration. n. § 2367; 641.
Of intestate, distribution of, §§ 2436-
2439; 652.

Damages for injuries resulting in deat

disposition of as, § 2526; 670.
Specific attachment on, § 3000; 802.
Execution not a lien upon, until levy,
§ 3045; 809.

Appraisement of, on sale under execu-
tion, $3100; 821.

ACTION FOR RECOVERY OF:
Interpleader in, § 2572; 686.

When seized under landlord's attach-
ment, § 2575; 687.
Proceedings in, $$ 3225-3244; 852.
Before justice of the peace, where to
be brought, § 3511; 899.

proceedings in, § 3605; 913.
FORECLOSURE OF MORTGAGE
$$ 3307-3318; 867.

ON,

Statute of frauds affecting contracts as
to, §§ 3664, 3665; 926.
Destruction or sale of, by mortgagor,
punished, § 3895; 984.

May be taken on search warrant, when,
$ 4630; 1127.

Property, Real.

Term includes what. § 45, ¶ 8; 9.
Upon which to erect county buildings,
purchase of, § 303, ¶ 9; 70.

Cities and towns may acquire and hold,
§ 454; 106.

may purchase or condemn for
squares, streets, etc., § 470; 114.

may acquire at execution sale,

18 G. A., ch. 89; 114.

may condemn for water works,
8 474: 115.

method of condemnation by,
§ 476; 116.

Listing and taxation of, § 812; 195.
Insurance companies may own, for what
purposes, § 1137; 288.

Life insurance companies may acquire
and own, for what purposes, $$ 1180,
1181; 308.

CONDEMNATION OF:

For sewerage, 16 G. A., ch. 107; 118.
For toll-bridges, § 1005; 255.

For mill-dams and races, $$ 1188-
1206; 321.

For drains, ditches and watercourses,
S$ 1207-1214; 324.

For

water power improvements,

$$ 1286-1240; 332.

For works of internal improvement,

S$ 1241-1253; 333.

For channels and ditches, 18 G. A..
ch. 191; 339.

By state, §§ 1271, 1272; 343.

Property, Real.

CONDEMNATION OF.-Continued.
For public ways to mines and quar-
ries, 15 G. A., ch. 34; 344.

For telegraphs, § 1326; 375.

For school house sites, §§ 1825-1828;
520.

GENERAL PROVISIONS:

Rights of aliens in, § 1908; 539; and
Const.. Art. 1. § 22; 1223.
Disposition of in perpetuity, not al-
lowed, § 1920; 541.

Who deemed seized, § 1928; 544
Term heir, not necessary in convey-
ance of, § 1929; 545.

Conveyance passes interest of grantor,
§ 1930; 545.

Subsequently acquired interest enures
to grantor, § 1931; 545.

Adverse possession does not prevent
sale of interest, § 1932; 545.
Estates may commence in futuro,
$1933; 545.

Declarations or creations of trust in,
§ 19:4; 545.

Married women may convey or encum-
ber, § 1935; 545.

Conveyance by husband and wife,
$$ 19 6, 1937; 546.

Mortgagor retains legal title and
right of possession, § 1938; 546.
Conveyances to two or more, create
tenancy in common, § 1939; 546.
Vendor's lien for unpaid purchase
money, § 1940; 546.
CONVEYANCE OF:

Recording, SS 1941-1947; 547.
Recording land-grant titles, 18 G.
A., ch. 186; 550.

Entry of, upon transfer and index
books. §§ 1948-1954; 551.
Acknowledgment of, $$ 1955-1965:

552.

legalized, §§ 1966-1968; 555.
Forms for, § 1970; 556.

Records of, transcribed, §§ 1971-1975:

557.

EASEMENTS IN, §§ 2031-2036; 572
SALE OF, BY GUARDIAN, §§ 2257-2265;
624.

SALE OF, BY EXECUTOR, $$ 2387-2400;
645.
Limitation of action for recovery of, in
such cases, § 24 1; 647.

Complete record of sale of, to be kept,
§ 2492; 662.

Of estate, jurisdiction as to sale of,
§ 2312 634.

Of heir or devisee, administrator to
take possession of. §§ 2402-2404; 647.
Share of husband or wife of decedent in,
$ 2440; 653.

Descent of, §§ 2459-2459; 657.
Escheat of, §§ 2460-2464; 658.

Place of bringing action in relation to,
S$ 2576-2578; 687.

Property, Real-Con'inued.

Service by publication in action for recovery or partition of, § 2618; 701. Third persons to take notice of actions affec ing, § 2628; 705.

Requisites of pe.ition for injuries to, § 2726; 729.

Conveyance of, by commissioner, §§ 2886 -2893; 774.

Return of attachment on, § 3010; 803. Redemption of, from sale under execution, $$ 3102-3123; 822.

Conveyances of, by sheriff, §§ 3101, 3124; 822.

Sale of interest of judgment debtor in, § 3142; 829.

Appeal in cases affecting, not limited by amount, § 3173; 838.

Action for recovery of, §§ 3246-3272;

857.

Action to quiet title to. §§ 3273-3276; 861. Foreclosure of mortgages on, §§ 33193330; 868.

Actions affecting, before justice, transfer of, $$ 3535, 3536; 903. Introduction in evidence of instruments affecting, $$ 3659-3662; 924.

Lien of bail bonds upon, $$ 4606-4608; 1123.

Liens of judgments for fines in criminal actions upon, § 4609; 1123.

Prosecuting Witness.

Costs of preliminary examination may be taxed to, § 4254; 1060. Name of, to be endorsed on indictment; costs may be taxed to, § 4292; 1066. Costs of proceedings before justice may be taxed against; appeal, $ 4691; 1134. Prosecution.

Verification of pleading not necessary

when it would subject to, § 2676; 718. Witness not required to testify as to matters which would subject him to, $ 3647; 921.

Prosecutions.

For violation of game laws, where to be brought, attorneys' fees, etc., 17 G. A., ch. 156, §§ 10, 11; 1022

In criminal cases, limitation of, §§ 4165 -4170; 1046.

To be conducted in the name and by authority of the state, Const., Art. 5, §8; 1234.

Prostitutes.

Deemed vagrants, § 4130; 1041. Prostitution.

Enticing away female for purpose of, punished, $3865; 977.

Houses kept for, deemed nuisances, § 4091; 1034.

Protest.

Of notes and bills, §§ 2094-2096; 587.

Of notary public, as evidence, § 3663;

928.

Provisions.

Diseased or unwholesome, punishment for sale of. $ 4035; 1017.

Public Buildings.

Officers having inanagement of, to tak oath, § 126; 27.

not to contract beyond appropri ation. § 127; 27.

Submission to vote of question as to
erection of, § 309; 75.

Mechanics' liens do not attach to, n. 15
G. A., ch. 100, § 3; 596.

L'en upon, of bonds issued for their
erection, 15 G. A., ch. 23; 603.
Judgments not a lien upon, n. § 2882;

772.

Are exempt from execution, § 3048; 810. Public Health, Offenses Against.

Selling unwholesome provisions, § 4035;
1017.

Adulterating food, liquors, or drugs,
SS 4036, 4037; 1017.

Failure to label poisons and keep re-
cord of sales, $ 4038; 1017.
Inoculating with small pox to spread
disease, § 4939; 1017.

Selling drugged liquors, § 4040; 1018.
Throwing dead animals into streams,

wells, etc., § 4041; 1018.

Diluting or adulterating milk, § 4012;

1018.

Regulation of sale of oleomargarine, 18 G. A., ch. 39; 10 8.

Regulation of sale of lard from diseased hogs, 18 G. A., ch. 137; 1019.

Public Lands.

Conflicting entries of, not affected by record. n. § 1941; 547.

Use of timber from, by settlers, § 3342;
872.
Location of, by general assembly, Const.,
Art. 11, § 7; 1244.

Public Library.

To receive public documents, § 131, 16
G. A.. ch. 159, § 3; 28.
Cities may establish and maintain,
$ 461: 107.

Public Money.

Officer empowered to expend, prohibited from contracting in excess of appropriation, § 127; 27.

Not to be appropriated to sectarian institution, § 552; 146. Statement of receipts and expenditures

of, to be published with session laws, Con-t., Art. 3, § 18; 1227.

Not to be appropriated for local or private purposes, Const, Art. 3, § 31; 1829.

Public Offenses.

Civil remedy not merged in, § 2526; 670. Divided into felonies and misdemeanors, $$ 4103-4105; 1037.

Public Offenses.-Continued.
Can only be punished upon conviction
in court having jurisdiction, § 4106;
1037.

Resistance to the commission of, $$
4112-4114; 1038.

Local jurisdiction of, $$ 4155-4164;
1044.

Compromising of, when allowable, §§
4708-4711; 1137.

Public Officers.

Bonds of, how construed, § 3368; 875.
Cannot be examined as to priv.liged
communications. § 3644; 920.
Making false entries or returns, pun-
ished, § 3.68; 1001.

Public Peace, Offenses Against.

Affrays, unlawful assemblages, riots,
SS 4:65-4069; 1026.

Injuring or destroying houses or boats,
§ 4070; 1027.

Horse racing, § 4071; 1027.

Breach of Sabbath, § 4072; 1027.

Public Policy, Offenses Against.
Lotteries, § 4043; 1019.

Selling liquors to Indians or intoxicated
persons, § 4044; 1019.

Minors not to be allowed in saloons, 15
G. A., ch. 59; 1019.
Bringing pauper within the state,
$4045; 1020.

Carrying on business without license,
§ 4046; 1020.

Putting in circulation foreign bank
notes, § 4047; 1020.

Game laws, 17 G. A. ch. 156; 1020.
Obstructing passage of fish with net,
15 G. A., ch. 50; 1023.

Fishing on premises of another, § 4054;
1023.

Bringing diseased sheep, horses, etc.,
within the state, punished, §§ 4055,
4056; 1023.

Diseased horses, etc., taken up and
killed, $4057; 1024.

Bringing within the state or having in
possession Texas cattle, §§ 4058, 4059;
1024.

Introducing or cultivating diseased hop
roots, punished, $$ 4060, 4061; 1024.
Permitting Canada thistles to mature,
punished. § 4062; 1025.

Killing birds, punished, § 4063; 1025.
Running threshing machines without
boxing, § 4064; 1025.

Failure to properly equip steam boilers,
punished, 15 G. A., ch. 14; 1026.

Public Shows.

License for; penalty for failure to obtain,
16 G. A., ch. 131; 232.

Public Squares.

Special laws for vacation of, not allow.d,
Const., Art. 3, § 30; 1228.

Public Ways.

To mines and quarries, establishment of,
15 G. A., ch. 34; 344.

Publication.

Acts taking effect by, $33; 6.

Of acts, mpensation for, § 44; 8.
Of public d cuments, 16. A., ch. 159,
§ 3; 28.

Of supreme court reports, 18 G. A., ch,
60; 35.

Of proceedings of board of supervisors,
$$ 304-307; 74.

Of school laws, § 1579; 459.

Of notice of assignment, $2119; 594.
Of certificate of limited partnership,
$$ 2155, 21-6; 604.

O notice of disso.ution of limited part-
nership, $2170; 656.

Of notice as to unclaimed property,
$2179; 697.

Of notice of probate of will, § 2341; 637.
O notice of order of court as to admin-
istrator, $2479, 2480; 661.

Service of notice on corporations by,
$2612; 693.

SERVICE OF

ORIGINAL NOTICE BY.

SS 2618-2621; 701.

-upon unknown defendant, §§ 2622-
2626; 703.

Service by, before filing petition not
good, n. § 2618; 701.

-legalized, 18 G. A., ch. 124; 703.
Defendant served by, may appear afte
default and defend. § 2875; 770.
JUDGMENT in case of service by; new
trial, etc., §§ 2876-2881; 770.
Defendant served by, may have new trial,
$3154; 831.

Of notice of sale under chattel mo:t-
gage, $$ 3310, 3311; 867.

Of change of name, §§ 3501-3706; 897.
Affidavits as to fact of, § 3697; 9.2
Of estray notices, $$ 3822, 38.3; 963.
Of legal notice, where to be made, fees
for, $3832: 965.

Of original notice or notices of sales,
plaintiff to select paper for, § 5832;
965.

Of delinquent tax list, compensation for,
$3835; 966.

Laws of general assembly may take
effect by, Const., Art. 3, § 26; 12.7.
Publisher.

Cannot by mandamus compel publica-
tion of proceedings in his own pa-
per, n. $307; 74.

Of newspaper, to make proof by affidavit

of publication of notices, § 2620; 702.
Punishment.

Of partner in limited partnership, for
frand, § 2165; 605.

For unlawfully issuing license to solem.
nize marriage, § 2192; 611.

For eluding writ of habeas corpus,
§ 3467; 892.

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