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STATUTES CITED, CONSTRUED, ETC.-Continued.

CALIFORNIA-Continued.

Penal Code.
48. Larceny,

494 $ 1237, 1259. Appeals, 744, 745
903, 920, 926. Grand jury,
404 1238. Appealable orders,

893
995. Grand jury,

404

Laws.
1851, 510. Costs,
457 1861, p. 106. Appeals,

482
1851, pp. 306, 307. City of San Fran 1861. Taxes,

470
cisco,

394, 395

1863, p. 426. Oity bonds,
1852, \ 4. Insolvents,

495 1863, 1863-64, 1868, 1871, pp. 406, 138,
1858, p. 279. City bonds,

886

355, 926. Harbor of San
1858, p. 324, $ 7. Harbor of San Fran.

Francisco,

395
cisco,

394 1873, 1874, 1877, 1878, pp. 711, 263.
1854, 1857, 1858, 1860, pp. 88, 325,

Harbor of San Francisco, 396
31, 365. Taxes,

469 1877-78, p. 176. Trespa 88 by ani-
1861, p. 423. Assessments,

256
mals,

879
COLORADO

Constitution.
Art. 14, $ 2. General assembly, 894–896.

Civil Code.
$ 11, 13, Parties to actions, 920.

Code of Civil Procedure.
75. Pleadings

290, 901
$ 144. Judgments,

902
Revised Statutes.
Ch. 18, | 48. Condemnation of § 68. Assignments,

907
property,
10 667. County clerk,

910
$$ 34, 35, 37. City of Sacramento, 1813, 1814. Mining claims, 921

885, 886

Session Laws.
1879, p. 122, $ 14. Equity trials, 901.

IDAHO.

Code of Civil Procedure.
269. Notice of Appeal,
718 6711. Title to papers,

72A
685. Service upon attorney,

717

Revised Laws.
Page 529, $ 25. Appeals,
723 Page 690, $ 28. Elections,

719
529, 1$ 26-28. Elections,

720

Bession Laws.
Vol. 11, $ 641, 642. Appeals, 719, 720.

KANSAS.

Constitution.
| 2. Bill of rights,

589 Art. 5, $ 4. Registration laws, 618-621
Art. 2, 17. Laws,
618 11, $ 1. Taxation,

552
3, 3. Supremo court,

830 12, | 4. Special damages, 683
3, ý 3. Corporations,

594

Civil Code.
i 18, subd. 3. Fraud,
789, 790 18 265, 266, 267. Divorce,

126
21. Service of Process,
168 399. Mortgage,

508
54. Divorce,

123, 124
467. Title to lands,

698
77. Judgments,

615, 695,
697
589. Cross-petition,

112
139. Summons by publication, 632 589-591. Costs,

555
159. Bail,
510 599. New trial,

674
173. Arrest,
510 640. Divorce,

123, 124
230. Attachment,
775 653. Corporation,

689-594
257. Receivers,

121 653, par. 4. Quo warranto, 842

STATUTES CITED, CONSTRUED, ETC.-Continued.

KANSAS—Continued.

Criminal Code.
$108. Information,
629-631 $289. Appeals,

109
215. Witness,

611 281, 282, 284, 287, 294. Appeals,
216. Experts,
629

647-649
227. Place of crime,

653

Justices' Code.
!! 28, 29. Attachment,
776 $ 55, 62, 65. Jurisdiction,

849
Compiled Laws of 1879.
Ch. 19a. Cities of third class, 686 Ch. 68, art. 2, $ 9. Mortgages, 847
19, Ø. 4. Road district,

688 81, art. 7. Change of venue, 633
19, 43. Cities,

868

81, $$ 76, 77. Change of venue, 634
23, Ø 60. Railroads,

154
81, § 122. Appeals,

807
25, s 146. Official vacancies, 817 82, $ 115. Abettors of crimes, 783
31, v § 207, 209. Crimes and pun.

82, 56 314, 315. Extradition, 820, 821
ishments,
832, 835, 837 83, \ 27. Costs,

865
31, 287. Accessories to crime, 783 82, $ 215. Witness,

611
36, D 57-59. Terms of office,

88, $ 16. Cities,

688
817, 818 107, 19 9, 10, 12. Corporations, 158
39, $ 13. Costs,
864-866 107, $ 56. Tax sales,

603
43, 1 6. Statute of frauds, 852 107, SÝ 85, 86. Taxes, 867, 868
47. Illegitimate children, 155 107, § 137. Redemption of lands, 874
47, $$ 3, 8, Bastards, 644, 645 Page 303, 305. Boundaries,

772
50a, \\ 23, 25, 31. Insurance,

726. Garnishment,

104
841, 842

948, 56. Judicial sales, 815
54, $ 10. Jurors,
162 981, § 1. Trusts,

806
General Statutes of 1868.
Ch. 25. Counties,
772 Ch. 26, 5 6. County seats,

565
Laws.
1859, ch. 18. Bridges,

686, 687 1881, \ 1, 7, 9. Liquor law, 598, 600
1859, ch. 111. Highways,

676

1881, ó 7, 13, 17, Prohibition of liq-
1868, 116. Limitations,

520
uor,

655, 656
1871, ch. 118, ø 1. Witnesses,
611 1881, ch. 34. Taxation.

550, 551
1871, p. 248, $ 78. Insurance, 842 1881, ch. 37, | 213. Removal from
1874, s 94. Railroads,

146
office,

831
1874, $ 128. Animals at large, 147-151 1881, ch. 118. Witnesses,

783
1877, ch. 39. Taxes,

693-701 1881, ch. 128, 12. Liquor selling,831, 832
1879, ch. 80. Registration,

618, 619
1881, ch. 180. Costs,

864
1879, ch. 150. Highways, 675-677 1883, ch. 91. County seats,

565
1879, ch. 177. Boundaries, 771, 772

MONTANA.

Code of Civil Procedure.
$ 34, 35, 36. Title to land,

279, 280, 281, 282. Appeals, 315, 316
42. Service of process,
276 354. Adverse claims,

309
55. Demurrer,
349 419. Appeals,

316
107, 239. Pleadings,
301 419. Appeals,

287
202, 203. Administrator, 546, 547 435, 436, 444. Appeals,

547
239, 241. Adverse possession, 305 690. Transcript of judgment, 279
279. Bill of exceptions,
287 813. Execution,

349
279, 280. Exceptions,

288 816. Bill of exceptions, 287-316
294. Judgment roll,

287

Revised Statutes.
Art. 1, ch. 6, 157. Claims against 420, tit. 10, ch. 1. Partnerships, 278
estate,
301 472. County officers,

307
160. Statute of frauds,
304 508, 511, 514. Divorces,

317
246. Jurors,
24 773. Jurors,

24
366, 367, 370, 374, 385. County
officers,

307

21

STATUTES CITED, CONSTRUED, ETC.-Continued.

MONTANA-Continued.

Lars.
1879, 1446. Judgments, 279.

NEVADA.

Constitution.
Art. 1, $ 16. Foreigners,
754 Art. 17, 1 2. Laws,

181
Compiled Lars.
$ 159. Husband and wife,
54 $$ 1391, 1393. Appeals,

753
668. Statute of limitations, 55 1449, 1450. Witnesses,

58
1031. Statute of limitations, 53 2742. Witnesses,

67, 59
1036. Statute of limitations, 55 4240. Compilation of laws, 181
1189, 1191, 1280. Garnishment, 531

Statutes.
1861, p. 68. Murder,
173 1864, p. 77. Witnesses,

58
1861, pp. 374, 375. Fees,

58 1875, p. 122. Mechanics' liens, 60
NEW MEXICO.

Compiled Lawa.
Page 102, 1 81-83. Appeals, 77 Page 172, 114. Appeals,

77
106, Ø 3, 4, 6. Appeals, 76

184, 16. Appeals,

77
122, 04. Appeals,

76
206, 14. Appeals,

76
Prince's Statutes.
| 24. Instructions,

376 Page 76, 4. Probate court, 76
Page 68, 61 3, 4, 6. Appeals,

76
166, 14. Appeals,

76
Laus.
1867, \ 1. Mining corporations, 378, 379 1876. Corporations,

379
1872. Railroads,

379 1878, \ 1. Corporations, 879, 380

OREGON.

Code of Civil Procedure.
| 500. Adverso claims,
293 $ 713. Pleadings,

92
UTAH.

Compiled Laros.
$ 182. Appeals,

527 $ 1604. Husband and wife,
701. Administrators,
205 2378. Costs,

627
Practice Act.
149. Claim for relief,
714 14 329, 339, 344. Appeals,

208, 209
254. Mining claima,
713 637. Justice's courts,

705
Session Laus.
1880, p. 44. Taxes, 209.
WASHINGTON TERRITORY.

Code.
113. Pleadinga,

189 1453, 458, 459, 461, 464, 466. Ap.

peals, 351, 353, 354, 355
WYOMING.

Compiled Laws.
If 188-191. Writ of error,

533 96 308, 309. Now trial, 235, 535
300. Exceptions,

635
STATUTORY OFFENSE. See CRIMINAL LAW AND PROCEDURE, 62.
STIPULATION. See PRACTICE AND PROCEDURE, 882
STUCE. See TAXATION, 564.
STOCKHOLDER. See GARNISHMENT, 386:

65

STREETS.
Compensation to be awarded abutting lot-owners for damages occasioned by use

of streets by a railroad company is the actual diminution in the market value
of the premises, and they cannot recover for injuries suffered in common

with the general public. (Colo.) 6.
Easement that public have in streets in a city is property, and abutting lot-own-

ers will be entitled to damages if such street is occupied by a railroad com-

pany. (Colo.) 6.
Municipal corporation that grants a license to a railroad company to use its

streets is not liable in damages to the abutting lot-owners. (Colo.) 6.
Railroad company, operated through the streets of a city, imposes an additional

burden on the owners of abutting lots for which they are entitled to com-

pensation. (Colo.) 6.
See MUNICIPAL CORPORATIONS, 685.
BUNDAY.
Verdict reached on Sunday may be received by the court and the Jury discharged,

but the decision should not be rendered on that day. (N. M) 78.
SUPREME COURT. See Quo WARRANTO, 828.
SURVIVORSHIP. See ESTATE OF DECEDENTS, 741.

TAXATION.
All private property in this state is taxable, and the legislature has no power to

exempt any of it. (Cal.) 264.
Appeal by collector of taxes in an action to recover delinquent taxes is inef-

fectual without filing an undertaking. (Utah.) 208.
Bank credits due the estate of a decedent are taxable at the former domicile of

the decedent. (Cal.) 254.
Complaint in a suit for taxes that enumerates personal property just as it is as-

sessed is sufficient. (Cal.) 264.
Corporate shares are only exempt when the whole capital or property of the cor-

poration in which the shares are owned is assessed. (Cal.) 264.
Corporation paying a tax on all its tangible property will not relieve stock-

holders to whom stock has been assessed from payment of a tax on the excess
of value of their stock over the value of the tangible property of the corpo.

ration. (Kan.) 156.
County supervisors have authority to contract for publication of the delinquent

tax-list, and a contract to publish" all notices required to be published by any
county or township officer that may be ordered published by the board," in-
cludes such lists, and the costs thereof are chargeable to the county. (Cal.)

246.
Constitutionality of chapter 34 of the Laws of 1881, in so for as it provides for taxa-

tion of cattle driven for the purpose of grazing into and from outside of the
state after March 1st and December 1st, cannot be sustained, as this is a

violation of the rule of uniforinity. (Kan.) 549.
Exemption of all the property” of å railroad corporation and “all of the capi.

tal stock" of the same corporation are practically the same. (N. M.) 376
Injunction to restrain collection where property assessed is subject to taxation and

the tax is legal, will not be granted because the assessment was irregularly

made. (Kan.) 156.
“ Mining stocks,'' with the value given, is a sufficient description in an assessment

of personal property. (Cal.) 264.
Mortgagee foreclosing may allege in his petition the amount of taxes due and us.

paid on the mortgaged premises. He ihereupon is entitled in the decree to
à finding of such amount, which is conclusive as between him and the mort-
gagor; also to an order declaring them a first lien, and that if they be not
paid within the time the mortgage debt is to be paid, an order of sale shall
issue. If, by mistake, this last order is omitted, the decree may be thereafter
corrected' by inserting it. If after such a decree the mortgagee pays the
taxes, he may have an order of sale for their repayment, and this notwith-

standing the original mortgage debt has been paid. (Kan.) 814.
Railroad companies are put upon the same footing, as regards exemption from

taxation, whether organized before or after the act of February, 1878. (N. M.)

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TAXATION-Continued.
Stock of mining corporation organized under the laws of this state, but whose

tangible property is situated in another state, are taxable here. (Cal.) 264.
Tax deed must substantially correspond with the proceedings on which it is based;

and where it describes the premises as fully as the tax records authorize, the
power of the county clerk is exhausted on the execution of the deed, if it is
otherwise in correct and statutory form, and he cannot execute another deed

containing a different, but correct, description of the property. (Kan.) 556.
See ADVERSE POSSESSION, 747 ; INJUNCTION, 549.
TAX DEED.
Certificate of sale showing that land was assessed to H., and to all owners and

claimants known and unknown, is void, and a deed founded on such a cer-
titicate, although valid on its face, because it does not contain the recitals in

certificate is void. It may be defeated by evidence aliunde. (Cal.) 401.
Redemption notice in substantial compliance with the statute is essential to the

validity of a tax deed, and when such notice states that the land will be
deeded on or after September 5, 1879, or within three years from the day of

sale, it is not sufficient, and the deed will be void. (Kan.) 874.
Bee TAXATION, 556; Tax SALE, 31, 519.
TAX SALE
Judgment obtained by county commissioners enforcing lien of taxes, and subse

quently modified by a second action, held not to disturb the rights of a bona
fide purchaser, and that injunction in the tax proceeding could not be consid-
ered, and that no error was committed by admitting certain evidence. Laws

1879, c. 39, discussed. (Kan.) 691.
Land being actually vacant and unoccupied for more than two years after re-

cording tax deed, the holder of such deed will have two years from the time
the original owners or others take possession of the land before being barred

of his right of action to recover possession thereof. (Kan.) 519.
Tax deed that does not recite the recital of the certificate, in regard to the time

when the purchaser would be entitled to a deed, is void. (Cal.) 31,
Tax deed that is otherwise valid is not void on its face because the sum recited

is not sufficient to cover the fees of the county clerk for seryices subsequent

to the sale. (Kan.) 519.
Taxes paid by purchaser, who is ejected because of defective title, may be recov.

ered. (Kan.) 858.
Tender or payment of all taxes must be made before suit to set aside sale is com-

menced. (Kan.) 601.
See REDEMPTION, 601.
TENANTS IN COMMON. See CO-TENANCY, 280.
TENDER.
Judgment for less than amount averred in answer, as tendered, should be set

aside, and judgment for amount admitted in answer entered.' (Colo.) 905.
See Tax SALE, 601.
TERM OF OFFICE. See COUNTY ATTORNEY, 816.
TRANSCRIPT. See APPEAL, 46, 353; NEW TRIAL, 49.
TRESPASS.
Corporations are liable for wrongs and trespasses committed by their agents and

employes, within the scope of their employment as such, and to the same ex-
tent as individuals; and if such acts are directed or controlled or assented to

by the corporation it will be liable damages. (N. M.) 369.
Excessive violence committed in seizing a railroad, whether the attacking party

was rightfully entitled to possession or not, is a trespass for which an action

for damages will lie. (N. M.) 369.
Exemption of property froin execution is a personal privilege that is waived it

not asserted, and a constable who levies on exempt property cannot be con.

sidered a trespasser ab initio. (Nev.) 55.
Land-owner who is injured by trespass of sheep, in possession and care of defend.

ant, may recover damages, and testimony showing that by reason of such
injury his stock had to be fed with hay, etc., is admissible." (Cal.) 879.

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