PAGE.

...........

APPEAL.
in vhat cases allowed

42, 43
whn and how to be taken .........:. 43
boid to be filed ......

43
how far a surpersedeas

43
tra script to be sent to district court. 43
proceedings in district court upon.... 43
cos s upon, how adjudged

43
of Irlony abolished..... ...... 286
ma; be taken to supreme court...... 219
ma; be taken by Territory in certain

220
musi be taken in one year..

.220
tra iscript filed in 30 days

• 220
how taken...

.220
takon by Territory does not affect
judgment....

.220
doe i pot stay execution, unless

...... 220
wh 'n tried

..220
one or more defendants may.

.........220
appellate court may reverse or affirm. 221
when judgment is reversed, defendant
discharged ....

.221
when prisoner returned to jailor. 221
jud ment withont regard to errors... 221
no dismissed for default..

221
jud ment of affirmation....

221
opi..ions of court given in writing.... 221
fro.i justice's court to district court..333
roa i comunissionery may,from decision
of justices.

..478
proceedings on ..........

478
ma ; appeal from justice when....... 502
appellate to enter into recognizance..502
foi in of recognizance ......

.502
ret rn of......

..502
cause to be heard in case of .. .502
may be taken when......

. 502
may be made to district court when..520
either party may when.............. .523
undertaking of party appealing:

523
coi dition of undertaking

523
not allowed when ......

.525
owner of land may, to district court,
when ....

586
owner of land may, to probate court,
when

. 589
of school district to county superin-
tendent

.. 607
APPOINTMENT.
bribery to procure......

265
assuming office, without

268
APPORTIONMENT.
of assets, how made......

PAGE,
ARREST-Continued.

justice may, from personal knowledge 500
no warrant necessary in case of per-
sonal knowledge.....

..500
order of, may accompany summong...508
order of, when issued .........508
order of, to whom addressed and what
contain

... 508
manner of ......

. 508
ARSENIC.
selling to minor

. 278
exemption of physician prescribing.. 278
ARSON.
in first, second, third and fourth de-
grees.

• 238, 239
punishment of...

.. 240
ASSAULT.

action for, time of commencing. 84
abate by death of parties..... 145
costs in....

175
with intent to cominit robbery, rape,

burglary, manslaughter or other
felony

......236, 237
of officer...

..260
with intent to commit crime, not pun-

ishable when the crime is com-
mitted

.282
ASSAULT AND BATTERY.
costs in action for

...175
See Assault.
ASSESSOR.
to take census....

78
to forward duplicate return of, to coun-
ty clerk....

79
make return to governor

79
neglecting to take census, penalty.. 80
remuneration for taking census......

80
See Townships and township officers,

639
ASSETS.
to be collected by administrator or ex-
ecutor

21
embezzled or concealed, how recovered 19
debt due by executor or administrator
shall be...

21
interest collected shall be

24
residue from sale of real estate shall
he.....

27
apportionment of, how made

36
ASSESSMENT OF DAMAGES.
for private property taken for public

uses, not affected by code.......182
ALLOWANCE.
to widow....

22
of expenses of repairs of estate. 23
of demands against estates. 31-35
to executor or administrator as com-
pensation

36-41
for support of minor children

39
ASSIGNMENT.
of bonds and notes by executor or ad-
ministrator

22
to defraud creditors, parties and pri-
vies to......

.246
of public securities, forgery of... 249, 250
ATTACHMENT.
against persons refusing to deliver

property to estate
to compel settlement, when.

35

• 19, 20

PAGE.

PAGE.

94, 95

on ......

ATTACHMENT-Continued.
action to be continued until claim is
due

119
subsequent proceedings same as in
other cases.

119
of witness

.. 133
Against sheriff
for neglect or misconduct in respect to

executions gainst property. 156, 157

See Amercement.
Attachment of the person.
executions in certain cases may be
enforced by

164
may issue for party refusing or neg-

lecting to make full return.......433
penalty for refusing to make full return

431
witnesses attendance empowered by..501
how made and executed..

..510
when returned ......

..510
priority of, on execution .....

510
which shall have precedence.. ...511
who decides priority of .. .511, 514
be discharged, when.....

.514
may issue for garnishee, when .313
return of, how made.

.514
ATTEMPT.
to procure perjury

257
to corrupt juror, arbitrator or referee: 258
to influence juror improperly

258
to rescue prisoner

261
to break prison......

• 262
to bribe officer ......

• 265
to bribe voter ....

267
to influence voter by threats. ..270
to commit offence prohibited by law,

281, 282
ATTORNEYS AT LAW.
act relating to...

61
who may continue to practice. 61
who may practice as.....

61
must take oath upon admission: 61
supreine court may admit on motion.. 61
of any State or Territory may be ad-
mitted on motion..

61
form of oath of...

61
guilty of deceit or collusion, liable to
be disbarred......

61
treble damages allowed against, when 61
may be required to prove authority to
act

61
has a lien on client's papers.....

61
lien may be releas.,d by giving security 62
supreme or district court may suspend 62
causes of suspension of .....

62
proceedings for suspension of

62
accused may plead or demur.

62
plea of guilty, judgment recorded. 62
appeal to supreme court.

62
judgment of acquittal is final........ 63
refusal to pay over to client, guilty of
misdemeanor....

63
when lien is claimed, not liable to
penalty......

63
not to be security in bond of adminis-

trator ......
how to answer for an infant, person of

ATTORNEYS AT LAW-Continued.
may subscribe pleadings, if the party
does not

98
when may verify pleadings..

99
may obtain order for arrest of defen-
dant....

..103
or replevin of property..... 107, 108, 109
or attachment:
or proceedings against garnishee. 96
or an injunction.....

..119
or arrest on execution.......... 162, 163
when competent as a witness... ..131
may waive in writing the issue or ser-

vice on defendant of summon in
error....

· 168
fees of, on mortgage foreclosed.. .. 571
ATTORNEY PROSECUTING.
to examine witnesses before grand
jury

194
to give information to grand jury....194
to sign indictments

..196
may file in court a new indictment,
when

199
shall take judgment on forfeited recog-
nizance

. 201
to attend to taking depositions. 204
to attend examination of prisoner sup-
posed to be insane....

1217
to attend examination of female con-
vict....

218
to examine fee bills, certify &c ......

.. 227
AUDITOR, TERRITORIAL.
authorized to issue warrants on Terri-

torial treasurer for incidental
printing, 1858....

46
officers of legislature to certify to the
account of printing, 1858.

46
appointed by governor....

1.52
hold office for two years.

52
keep office at seat of government.... 52
be commissioned by governor

52
shall take oath of office

52
oath filed with bond...

52
shall give bond with security.... 52
bond of, to be approved by governor.. 52
to be filed where...

52
securities of, to justify and endorse

amount they are worth on bond.. 52
governor to indorse approval on bond 52
shall keep a seal of office.

52
salary of, amount and how paid...... 52
may receive fees ....

52
is the accountant of the Territory.... 52
shall keep all Territorial accounts... 52
shall settle with county treasurer and

other receivers of Territorial rer-
enue....

52
general duties of..

53
to have custody of Territorial proper-
ty

53
to furnish governor with information 53
to make suggestions to the governor

and General Assembly for man-

aging public revenue and property 53
to make report to Legislative Assem-
bly.....

53
to make estimates for expenditures.. 54
to perform all other duties required by
law......

54

....

12

PAGE.

BAIL-Continued.
justice may admit to bail to appear at
the county court.

500
BAILEE.
embezzlement by

243
BANK NOTE.
counterfeiting

........ 250
using spurious, as false token.... 246
BARN.
burning of..

239
BARR ATRY.
punishment of

265
BASTARDY.
proceedings relating to, not affected by
code....

182, 183
BATTERY.
time of commencing action for...... 84

See Assault.
assault and, actions for, abate by
death of parties

.. 146
BAWDY HOUSE.
keeping ....

276
who deemed keeper of.

278
lease of, when void

.276
BLTTING,

upon certain gambling tables..... .276
does not excuse from testifying ... . 276
on election

.277
BIGAMY.
definition and punishment..

272
cases in which it does not exist.

. 272
indictment for, where tried.... 272
punishment of unmarried persons....

• 273
BILL OF EXCEPTIONS.

See Exceptions, 128.
BOATS.

act regulating actions against.
liable for debts
liable for damages.
liable for injuries.
claims against
priority of claims on.
action on, to be brought within one

PAGE.

PAGE.

42

72

BOOKS.
of deceased, to be taken in possession
by administrator

18
embezzlement or concealment of, how
recovered

19
stock books to be kept by corpora-
tions .....

..475
open to inspection, transfer how made 476
evidence, when

...476
penalty for neglect of entry, &c......476
penalty for neglect to transfer.......476

See Admission and Inspection.
BONDS.
act authorizing supervisors of certain
counties to issue..

65
board of Leavenworth county.

66
board of Douglas county

66
board of Wyandott county

66
board of Johnson county

66
board of Atchison county

66
board of Lykins county ....

66
not to run exceeding ten years.

66
bear interest at ten per cent.

66
not to be sold at more than twenty-five
per cent. diseount...

66
duty of supervisors to collect tax for

interest and sinking fund.... 66
no bonds under one hundred dollars.. 66
to be issued for relief of taxes.. 66
to be signed by chairman and attested
by clerk...

66
to be registered

66
proceeds of sale to be paid to treasur-
er ....

66
Learenworth county.
authorized to issue five hundred thou-
sand dollars railroad bonds.

...... 69
Learenworth city.
authorized to issue three hundred thou-

sand dollars railroad bonds...... 69
question of issue to be submitted to
legal voters

69
day appointed upon application. 69
thirty days' notice of election: 69
to be decided by a majority.

69
election, how concluded

69
stock to be subscribed, by whom. 70
not to be sold for less than eighty cents
on the dollar......

70
of city and county of Leavenworth to

bear ten per cent. interest. 70
board of supervisors and city council

to levy tax for interest and sink-
ing fund

BONDS- Continued.
separate, when taken

18
belonging to estate may be assigned.. 22
additional security in, may be required 15
may be sued on for waste.

41
on appeal, to be filed..

See Undertaking:
Bonds, Notes and Bills of Exchunge.
an act respecting them...

71
when negotiable

71
manner of transfer

71
defense allowed if transferred after
due

71
proof of notice of payment allowed if
transferred before due.

71
three days' grace allowed..

71
indorsee may bring suit, when. 71
demand on three days of grace deem-

ed due diligence and notice of non-
payment

72
acceptance of bill of exchange must be
in writing

72
if acceptance on separate paper binds

acceptor in favor of person to
who given only...

72
an unconditional promise in writing a
good acceptance......

72
holder may require acceptance on bill 72
a refusal to comply shall be deemed a
refusal to accept...

72
may recover damages of party refusing

to accept after promise
destroying bill or refusing to return it

deemed an acceptance..... 72
Foreign negotiable bonds.
protested for non-acceptance or non-

payment, subject to ten per cent.
damages

72
if drawn on any person in the United

States, six per cent. damages..72, 73
action may be brought for protested

bill against one or all parties lia-
ble

73
damages not recoverable when agree-
ment made...

73
parties sued, how designated. 73
notarial protest prima fucie evidence
of refusal..

73
this act not to affect suits pending.73, 74
penalty for forgery of

• 251
BOARDS.
pile or raft of, burning, &c.

248
BRANDS.
of animals, altering:

243
BREAKING.
prison

262
BREWERY.
burning of ......

239
BRIBERY.
of witness, to absent himself, avoid
process, &c. .....,

.258
of arbitrator, referee or juror... 258
of oflicer to procure vote, opinion, &c.265
in consideration of vote, opinion, &c.,
previously given.....

265
attempt at, with officer..

· 265
by giving office, &c., to procure elec-
tion

.267
of voter

.268

..