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pleas in, not allowed without affidavit, 67
plea in, overruled, plaintiff shall recover costs, 68
not caused by death of party, 70, 1
not caused by death of defendaot in attachment, 136
not caused by non joinder of partners, 68

of votes for governor, how and to wbom forwarded, 49

when to be opened, 18, 49
of votes for other officers, how and to whom forwarded, 50, :
of lists of taxable property, how and when to be made, 277


how punished, 142
before the fact in capital cases, not to have the benefit of habeas corpus

[ack, 166

books of, may be proved by the oath of party, 122
of executors and administrators, how made and settled, 232

to be continued ope terin, 234
of guardians, to be settled biennially, 248

to be continued one term, 249

of deeds, before whom to be made, and how certified, 34T
of powers of attorney, ib.


certain causes of, to survive, 70 to 72
unnecessary, may be consolidated, 73
criminal, limitation of, 154. 163
civil, limitation of, 214
before justices, may be entered witlout process, 176
against executors &c., barred by settlement, 240
against drawers or indorsers of protested bills of excbange, may be joint

or several, 452

by banks and bankers against drawers and endorsees of notes, may be joint,

by whom and to whom granted, 229
temporary, may be granted, 231
may be granted when person dies out of this State, 241
with the will adnexed, when to be granted, 231. 234. 245



who may be, and how appointed, 229


may be appointed al special session, 241
with the will annexed, may seli land devised to be sold, 245
to pay balance on settlement to widow and heirs, 233


to take an oath and gire bond, 231
to have goods appraised and return inventory, 230
to give notice to creditors by advertisement, ib.
to sell personal property at public vendue, 232
to returo inventory of sales, ib.
when to settle with court, 230
olice of, not to expire on settlement, 231 -
shall present account correot and vouchers to court, 232
accounts of, to be continued one term, 234

may be referred to special commissioner, ib.
may resign, 234
may be removed, ib.
secunty of, may complain, 235
may be required to inde imorty their sureties, il.
when removed, may be sued by new, ib.
may be compelled to settle by citation and attachment, 233
pot liable-beyond the amount of assets, 235
may be ordered to sell lards, 236, 246
duties of, in relation to the sale of lands, 237 to 239
when shall be liable to pay costs, 237
may sell equitable interest in lands, 239
may be required to give additional security, ib.
to inake deeds to purchasers, ib.
may file abstracts of payments to widow and heirs, 233
appeinted in another State, may sell land in this, 240

may sue in this, 241
shall receive legal claims till settlement, 240
after settlement not liable to suit on claims not presepied before, t.
manner of sning on the bonds of, 267
compensation of, 232
may be made parties to suits pending, 70, 1
may be made parties to judgments by scire facias, 71. 74.
may appeal without bond, 78. 242


living in a state of, how punished, 149
bars dower, 250

divorce may be granted for, 431

to children, when to be accounted for, 243, 254

defacing or destroying of, how punished, 162

fees of others for setting up or publishing, 224

to hold to bail, to be taken as true, 63

AFFIDAVIT,- (Continued)

of justitication by special bail, what to set forth, 62
plea in abatement to be verified by, 67
petition for injunction to be verified by, 87
for opening a decree, what to contain, 91
of fraud, &c., required to set aside award, 177
for a State warrant, form of, 199
to be filed with precipe for writ of replevin, 128
when plea of general issue should be verified by, 122
of merits, when required in chancery, 85


how punished, 147

justices may fine for, on plea of guilty, 195
of foreign insurance companies, to obtain license, 302

to give bood, 303

to pay six per cent. on profits of premiums, 16:
AGREEMENT, (see Contracts.)

punished as principals, 142

how to become citizens of the U. S. 29 to 36
within what time to appear and claim inheritance, 253
may transmit inberitances, 254

may hold lands in this State, 463

may be granted by supreme court, 182

of process and pleadings allowed at any time before error brought, 77
allowed in chancery upon equitable terms, 86


for wbat causes sheriff liable to, 109
of sheriff for not bringing in body on rule, 60

for not returoing mesne precess, 117

for not executing process from another county, 64
of clerk for not paying over money, 110
of officer for not repaying money collected on execution when proceedings

are enjoined, 88
of officer for not serving process under the act for taking depositions, 126
notice of, when and how to be given, 110
To have the force of a judgment, 60, 111


to bill of discovery, evidence to jury, 83
when to be filed, 84
to be sworn to, and before whom, 85

ANSWER IN CHANTERY,--(continued)

may bring new parties before the court, 85
of compiainant to interrogatories, shall be evidence, ib.
may be received on affidavit of merits after plea, &c. over-roled, 85
first insufficient, when second shall be filed, ib.
second insufficient, double costs to be taxed and decree pro copfeeso, ib,
to croag bill, not to be put in till first bill is answered, 86
to be taken as true, when cause is heard on bill and aoswer, only, ib.


allowed from C. P. to supreme court of course, 78
notice of to be entered in term, ib.
bond for, when and how to be taken, ib.
lien of judgment or decree not removed by, 79. 900
may be taken by administrators, &c. without bond, 78. 242
costs how taxed, in supreme court, 79
to be tried on pleadings made up in C.P., 2b.
when allowed from judgment of nonguit, 75
allowed from final decrees of C. P. io chancery, 90

from judgments of justices of the peace, 177, 205. 208. 392, 490.
on trial of right of property in attachment. 133. 205

not allowed from judgment of justice on award, unless, &c. 177
recognizance for, wben and bow to be taken by justice, ib.
appellant failing to file transcript, appellee may, 178 .
both parties failiog, justice may issue execution, ib.
proceedings op, in common pleas, ib.
when quashed, bow to proceed, 179
allowed in contests about wills, 246

trom in queste of idiocy, 328
from the decisions of county commissioners, 269, 356, 364
in certain elections contested, 53
from the decisions of township trustees relative to township roads.

APPEARANCE BAIL, (see Bail Bond)
defendant may reuder himself in discharge of. 63

may be taken by justices of the peace, 174

of jurors, to be made by clerk of C. P., 34
of school funds, by county uuditor, 421

of lands onder execution, how made, 104

may be set aside 107

new may be interesi, ib.
of property attached, how made. 131. 203
of goods and chattels of deceased persons. 230
of real estate sold by executor or administrator, 238
of strays, how made, 471
of ministerial lands, how made, 493
of lands held in trust for banks, 458
lands may be sold for debis due the State without, 104
the property of certain officers may be sold under execution without

(104. 295

of land under execution to be sworn, 104

shall not be purchasers, 105
their lees, 108

may be tined for neglect of duty, ib.
of goods and chattels of deceased persons, te es of, 225

their duty, 2.30
of real estate sold by administrators, &c. their duty and compensation, 238
of ministerial lote, their compensation, 194

of strays, itieir tees, 477

how and by whom bound, 436
what inventure must contain, ib.
usage of, to ne inquied into by master and mistress, 437
proceelings in behalf of, against master, &c. ib.
proceedings against iny muster, &c. 438

penalty for enticing away or concealing, ib.

belonging to the canal, maliciously breaking or throwing down, how pung

ished, 374

an ac regulating, 264
whai cojlroversies may be submitted to, ib.
bond wsat to specify, 265.

causes before justices may be submitted to, 1976

to be sworn, 176, 265
their fees, 177, 266
justice muy issue citation for, 176
to return award to justice, ib.

may a journ from time to time, 265
in court in bank, may be written or oral, 93

when oral shall be heard, ib.

not to be reported, unless directed by court, 94

for what causes may be challenged, 98


what persons privileged from, 341,2
not to be made on Sunday or 4th day of July, 342
insolvent debtors may be relieved from, and how, 330

to what extent,


how punished, 137

attempt to commit, how panished, 138
put and pearl, inspector of, how appointed, 477

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