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BRIDGE AND FERRY COMPANIES.

See page 314.
BRIDGES.
burning of....

240
persons subject to fines for fast driving

over bridges, when...... ..463
injury to bridges subjects party to tre-
ble damages

463
BRINGING.

into the Territory counterfeit money.252

into the Territory stolen property....282
BURGLARY.
defined, punishment..

.240
committed at same time with larceny. 240

assault with intent to commit.... 236, 237
BURNING.
inhabited dwelling-houses, shops,

warehouses, office or storehouse,
barn, stable, church, college,
academy, school-house or public
building, brewery, distillery, grist-
mill, paper-mill, fulling-mill, saw-
mill, carding machine or manu-
factory

· 238, 239
insured property to defraud insurer.: 247
stocks, grain, grass, herbage, nursery,

orchard, fence, toll or public
bridge

.240
pile or raft of wood, plank, boards or
lumber ......

...248
will, deed or other instrument of writ-
ing

· 256, 257
BUYING.

any forged instrument of writing..... 253
and selling offices, deputations, &c...379
stolen property:

...245
CAMP MEETING.
erecting booth, &c., for sale of liquors,
within one mile of.....

.277
CANOE.
cutting adrift, injuring..

248
CANVASSERS.
Territorial board of .....

396
Territorial, where to meet

397
duty of Territorial..

397
fees of township canvassers

398
fees of county

398
fees of district

.399
CAPTAIN.

duty of, on organization.............567
may call out company, when........568
shall make returns, when and to
whom

..569
nature of returns

..569
CARDING MACHINE.
burning of.....

239
CARGO.
burning of, to defraud insarer........

239
CARRIER.
embezzlement by.

.245
CASTING AWAY.
boat or vessel..

........ 247
See Execution against the person.
CATTLE.

administering poison to, maiming.... 247
altering marks or brands of, larceny.. 243
cruelty to ......

.....278
CENSUS.

to be commenced on first of June, 1859 78

PAGE.
CENSUS-Continued.
assessor to take...... .....

78
assessor to file a copy with township
clerk

78
assessor to be in attendance..... .... 78
returns open for public inspection.... 78
correction to be made......

79
assessor to forward duplicate return

to county clerk and governor.... 19
certificate of township clerk.. 79
board of supervisors to fill vacancy...79
governor to appoint in unorganized
counties..

79
commissioner appointed by governor
to give bond.

79
shall take oath..

79
bond approved by county board .... 79
if no organization, bond to be appror-
ed by governor...

79
duty of assessors and commissioners. 79
penalty for neglect.....

80
remuneration:

80
CERTIFICATE.

of probate of will, forgery of ......... 249
of acknowledginent of deed, forgery
of

.....250
of record of will or deed, forgery of..250
of Territory for payment of money,
forgery of.....

249
of Territorial stock, forgery of......250
of acknowledgment or proof of deed,
certifying falsely....

.250
of deposit, forgery of...

251
of court or officer, forgery of ........250
CERTIFYING.
falsely, acknowledgment or proof of
deed

...250
CERTAINTY.
in pleading

100
CERTIORARI.
writ of, abolished..............171, 172

See Error in civil cases.
CHATTELS.
of deceased to be taken in possession
by administrator ......

18
embezzlement or concealment of, how
recovered

19
CHEAT.

intent to, as to whom it may be shown 287
by false tokens, &c....

.216
by false personation

216
CHECK.
or bond, forgery of......

259
CHILDREN.

appropriation for support of......... 39
when incompetent as witnesses.. 131, 132
under ten years of age, rape upon.... 235
under twelve years, enticing away... 238
under six years, abandoning... 238
act for support of illegitimate.......488
CITATION

to parties entitled to administer...... 10
costs of, to be paid by whom........ 16
to compel settlement, when to issue.. 35
to surviving partner, when to issue 16, 17
to executor or administrator, to com-
ply with the law.....

20
alias to issue and be published.. 35
revocation of letters after, when..... 36

PAGI.

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CITIES AND TOWNS.
concerning plats of

80
proprietors make map of

80
to be acknowledged..

80
to be filed and recorded in the office of
register of deeds

81
of lots sold before map recorded, pen-
alty

81
when inaps recorded, the fee

81
of parcels of land for public use, vests
in the county

81
penalty for making out fraudulent
maps

81
forfeiture recovered by action, for use
of county:

81
property of individual incurring for-
feiture, liable....

81
plat of, to be transmitted by register

of deeds to register of new county 81
all plats laid off on public land to be
filed with register ....

81
what they must set forth

82
CIVIL ACTION.
form of ......

..... 83
See Action.
CIVILLY DEAD.
who considered to be ....

.285
CLAIMS.
act to provide for their payment and
adjustment

74
supplementary act to same.... 77
commissioners, how appointed.
kind of claims to be considered
commissioners fix times and places for
sessions...

74
commissioners may adjourn..... 74
two commissioners, a quorum, shall

prescribe and publish rules...... 74
have power to send for persons and

papers, and preserve order...... 74
may issue subpanas and enforce at-
tendance

74
parties interested to pay fees of offi-
cers and witnesses

71
to take oath.

75
may appoint clerks.

75
pay of samne......

75
pay of commissioners.
expenses for stationery, room rent,

&c., to be paid by Territory..... 75
commissioners to certify their expens-
es to auditor ......

75
may fill vacancy in commission...... 75
false swearing before them perjury... 75
to examine evidence.....

75
To whom provisions of the act apply.
executors and administrators may be

permitted to prosecute.... 75
commissioners may appoint sergeant-
at-arms....

75
fees of serceant-at-arms..

76
paid by claimant....
to record award and deliver a certifi-

cate of the amount to claimant.. 76
shall close proceedings on the 1st day
of September....

76
shall file statement of testimony and

vouchers with secretary of Terri-
tory

76

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75

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PAGE.
CLAIMS— Continued.
auditor of Territory to draw warrants
on treasurer...

76
duty of constitutional convention to

provide for payment by Congress 76
warrants authorized by this act not to
be paid before 1865....

76
commissioners to give bonds

77
approval of bonds

77
shall take oath ...

77
attorney elected by Legislature...... 77
attorney shall take oath ....

77
power to subpæna witnesses.

77
pay for services to be fixed by law... 77
commissioners to make report to con-

stitutional convention, at Wyan-

dott, on 1st Tuesday in July..... 77
also, make report to next Legislature 77
commissioners prohibited from issuing

any Territorial scrip...... 77
certificates issued under this act not

binding on the Territory, until
further Legislation....

77
CLAIM AND DELIVERY OF PER-

SONAL PROPERTY.

See Replevin of Properly.
CLAIMANTS.
when to pay costs

.522
CLIPPING COIN.
forgery

255
CLERGYMEN.

when incompetent to testify.....131, 132
CLERKS OF DISTRICT COURT.

may issue warrants against boats.... 64
Clerks of the several courts, duties of gen-

erally.
to issue process upon precipe filed.... 180
to file papers.....

. 180
to indorse time of filing papers.......180
to enter on docket names of parties
summoned

.180
to keep records......

.180
to prepare dockets..

180, 181
other powers and duties.... .......181
duties of, &c., incident to commence-
Inent of a civil action......

• 90, 91
See Summons.
duties of, &c., incident to provisional

remedies, arrest and bail.... 103, 104

See Arrest.
replevin of property:

107, 108
See Replevin of Property.
attachment.

. 111-118
See Altachment.
injunction...

119, 120
See Injunction.
polling a jury

125
to enter special verdict..

125
to file agreement of reference when
made in vacation ....

.127
to issue subpænas for witnesses

132
Duties of
may take depositions....

135
when to issue commissions to take de-
positions

135, 136
to file exceptions to depositions ... 137
to file petitions to perpetuate testi-
mony

..140


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76

PAGE.

12

CLERKS- Continued.
to file warrant of attorney, if judg-

ment confessed by.......... 142, 143
manner of entering judgment by ...... 143
to make records when, &c........... . 143

See Revivor of sction,
duties of and incident to execution, to
issue writs of....

· 147, 148
what execution against property to
contain

148
See Erecution.
liable to amercement

157
See Amercement.
when to file proceedings in aid of exe-
cution

161
to enter orders made out of court in

the same inanner as orders made
in term ......

..167
to issue summons in error ........... 168
shall furnish transcripts..

169
to take undertaking or stay of execu-
tion

. 169
clerical errors, proceedings on ....... .171

form of process issued by.......179, 180
District.
to issue subpenas for witnesses be-

fore grand jury, when required.. 194
must record indictment.......

198
to keep indictment in his custody.... 199
shall not disclose the fact of an indict-
ment being found...

.199
to issue warrants......

• 200
must issue subpanas for witnesses... 200
to fix amount of bail on warrants.... 200
to record recognizance.....

201
may take money in for bail...... 201
to furnish defendant with copy of in-

dictment in capital cases........202
shall make transcript of record, &c.. 206
shall file transcript, &c .....

• 206
penalty for neglect of duty

• 207
may issue wariant, &c.....

. . 215
shall enter judginont, &C..... 216
shall make transcript and deliver to
sheritf

...216
shall issue executions for fines and
costs ...

• 218
to make fee bill and deliver to prose-
cuting attorney...

.227
to collect and pay over cost ........ .227
may issue fee bills for actions in pro-
bate court...

333
duty of

328
fees of....

.410
to return list of jurors certified to the

. clerk of supervisors.......
to make out an abstract of cost......

.416
magistrate or clerk of district court to

deliver to sheriff office papers con-
cerning criminal upon production
of writ.....

.....434
may take recognizance upon produc-
tion of order......

..437
of special term of court to issue certi-

ficates to witnesses and jurors.... 45
Of Probate.
to grant letters testamentary, &c., in
vacation

10
not to be executor or administrator 10

PAGE.
CLERKS Continued.

nor security in administration bonds. 12
to issue citation to person entitled to
administer

10
to take bond of administrator in vaca-
tion

12
to see that securities are solvent.
to record bonds given by executors or
administrators

12
and letters testamentary and of ad-
ministration ......

12
not to deliver unrecorded letters, pen-
alty for ......

12
may take separate bond, where two or
more executors....

18
to keep abstracts of judgments filed

and deinands established against
estateg .....

34
to record settlements of executors or
administrators

35
to keep docket of erecutors and ad-

ministrators, and the terms when
they settle.

35
to put up list in his cflice..... ...... 35
to issue execution against executor or
administrator

.......36, 37
to send transcript to district court on
appeal......

• 43
shall keep docket...

.....130
appearance docket, what to contain.. 130
how arrange trial docket..... .. 130
shall inake copy of trial docket for bar 131
shall file and docket transcript of jus-
tice's judgment.......

· 161
when to issue execution thereon.164, 165
costs for filing transcript and entry of

the case on the execution docket

to be paid by the plaintiff'.......165
amercement of.....

.......157
See Amercement.
to issue subpenas in proceedings in

aid of executirn.... ....... 160
to take undertakings on proceedings
to correct errors in justice's judgments 170
if justice's judgment affirmed in pro-

bate court, certificate of clerk to
justice

. 170
embezzlement by....

.215
to deliver papers to clerk of district
court

332
fees of....

.333
term of office......

.341
shall execute bond

341
conditions of bond....

311
vacancy how filled....

311
duties of, and compensation .........311
clerk of supervisors may act as...... 342
shall not hold office of county treasu-

353
shall keep his office at county seat.....

.. 353
Of County.
musi attest signatures of chairmin of

supervisors of county board..... 66
embezzlement by...
shall file transcript, &

524
who shall be plaintiff in court above.524
proceedings, if appella" fail to deliv.

er transcript, &c., to county clerk 524
shall record ali martiaga returns.....564

..416

rer ....

.245

PAGE.

485

error

CLERKS-Continued.

ininutes to be signed, by whom ...... 637
shall state result of meetings.... .640
shall notify persons of their election..640
copies of papers of, evidence........ 643
Of Sales.
to be appointed.

23
to keep account of sales...

23
to make affidavit of account:

23
Of Election.
his duty......

485
election, how conducted
in case of tie, judges to decide. .485
probate court may disincorporate....485
when court shall not disincorporate..485

dissolution not to attrct rights.... ..486
CLERICAL ERRORS.
must first be reviewed in court where
they occurred, before ground of

. 171
rendering judgment prematurely deem-
ed a..

. 171
to be corrected on motion.

. 171
CREDITOR'S BILL.

See Execution Proceedings in aid of.
CREDIT.
on sales of personalty....

22
what shall be given at final settle-
ment....

37
CREDITORS.
conveyance to defraud....

246
notice to, to exhibit demands... 32
may apply for sale of real estate... 28
bonds and notes may be assigned to,
in payment of debts...

22
demands of, against estates, how
classed

31
proceedings, where executors or ad-

ministrators claim as ...... 33
demands of, against estates, how liqui-

dated after settlement........37, 38
of estate of non-resident, regulations
touching

40
may suggest a derastavit against ex-

ecutors or administrators, when, 41
may bring action of waste, or suit on
bonds, when and how...

41
proceeds of execution founded on

such action or suit, how distrib-

uted among
failing to file satisfaction of lien, for-
fciture

42

PAGE.

CLERKS--Continued.
fees of, for same...

564
penalty of, for refusal or neglect to re-
cord

.564
certificate of, to be evidence

..504
penalty of, for making false returns.• 564
duty of, in new counties, and compen-
sation

.573
shall furnish tax lists

.610
compensation of ..

..610
to issue warrants to sheriff to sell. 624
surplus of sale how disposed of. 621
certificate of, evidence

625
property becomes finder's when..623-625
shall record justice's certificate 627
fees of.....

.....623
may be fined when.

029
Of Supervisors.

I suits against County.
process to be served on.....

334
shall notify county attorney.

334
shall lay information of suit before
supervisors.

334
notice of appeal to be served on ...... 338
shall give notice of appeal to county,
attorney

.338
shall make returns of proceedings to
clerk of probate court..

.338
term of office..

.339
to execute bond.

341
shall appoint deputy.

311
to be responsible for acts of deputy...341
vacancy, how filled...

.311
general duties of ..

311
may act as clerk of probate court.... 341
shall transmit to Secretary of State

statement of names and bounda-
ries of new towns

339
compensation of......

. 340
shall not hold office of county treasur-

..353
Of Townships.
shall enter delinquent road tax on as-
sessment roll..

.452
make duplicate lists of highway tax

and deliver one to each overseer, 418
file one highway tax list in his office, 448
to keep files of all papers relating to

laying out of public or private
roads

. 457
duty of, relative to liens filed with
him..

..518
duties of

..603, 638, 642, 613
shall give notice of meetings when....604
shall specify (bject of ineeting.. .604
shall make roort to county superin-
tendent

604
nature of rept...

•604, 605
shall draw orders on treasurer .605
orders of, by hom signed.

..605
shall make ta: bills..... 005, 608
shall furnish school register.

.605
may issue warrants for collection of
taxes

..608
make return of unpaid taxes to county
clerk ......

........608, 609
manner of collecting unpaid taxes....609
to record and post notices of strays..623
shall give notice, &c., of meetings.... 637

.549
CRIMINAL CONVERSATION.
costs in action for .......

175
CRIMNAL PROCEEDINGS.
verification of pleading not to be used
in

98
CROSS DEMANDS.

when deemed compensated........ 97, 98
CODE, CIVIL.
how styled ......

82
to be liberally construed...

82
provisions to operation of ...... . 182, 183
when to take effect...

..183
See ()peration of Code.
CODE, CRIMINAL.

how styled......
COCK-FIGHTING.
on Sunday......

....278

er ....

. . . . . .

1

PAGE.
CO-EXECUTORS.
when not to act

11
COIN.
counterfeiting

230
passing

252
clipping, scaling, impairing, &c...... 255
COLLECTIONS.
speedy, may be ordered.

24
COLLECTOR.
unlawfully exacting taxes.

269
COLLEGE
burning of

.239
COMMENCEMENT OF A CIVIL

ACTION
by filing a petition and issuing a sum-
mons

90
precipe for a summons........

90, 91
requisites of a summons.

91
when action is rightly brought in any

particular county, summons may

issue to any other county.. 91
when sunmons is returnable...

91
when further writs may be issued.... 91
by whom summons to be served. 91
manner of service

91, 92
time and manner of service to be stated 92
when the otiicer to return the summons 92
acknowledgment on writ or appear-

ance of defendant same as service 92
how summons served on corporation.. 92
may be served on an agent of an insu-
rance company .....

92
if a foreign corporation, on an agent
in this Territory.

92
infants, how served ...

92
service by publication, in what cases

allowed...
what atidavit necessary

93
publication, how made and what to
contain

93
when such service is complete and
how proved

93
service of a summons out of the Ter-
ritory ....

93
how judgment on service is opened
eflect on purchasers

• 93, 94
proceedings against unknown heirs... 94
proceedings, when there are several

defendants and part only are
served

94
after service of summons or publica-

tion, action pending and plaintiff's
title protected

94
judgment to be notice only in the coun-

ty where rendered, unless recorded
otherwise...

.. 94, 95
See Time of commencing Actions.
COMMISSION.

of defaulting officers, forfeited. 55
to take depositions.

. 135
COMMISSIONER.
Master.
appointment of....

183
conveyance of land by.

114
oath of office and security by.... 183, 184
fees of ......

184
Of Deeds,
governor to appoint.

288
power and duties of

288

....586
....586

PAGE.
COMMISSIONER-Continued.
shall take oath of office, &c.

.288
Of Roads.
to review roads laid out by supervisors 458
how appointed, and fees of

..458
To locate county seats and organize new
counties ....

• 358, 359
compensation of, and how paid .. 360
in no case paid by Territory. ..360
For Library....

..542,513
powers of

..513
how make exchange of documents, &c 543
when to make report and to whom 513,514
who are, for Weller county, and their
duties.

.573
duty of, at close of election. ..573
of Penitentiary.....

.577
to give bond, and nature of

..577
where to file bond

577
compensation of .......

.578
shall keep record

579
may be removed when, and by whom 579
manner of selecting.

....579
Of Roads.
shall meet, when..

585, 588
shall take oath

585, 588
powers of

.585
vacancy of, how filled

585, 388
manner of locating the road...

.596
shall render account to whom. ..586
may make arrangements for right of

way
shall make record of same.
shail render account to county tribu-
nal......

....536, 589
manner of proceedings where disagree-
ments occur ......

..586
report of, to whom made..

587, 589
duty of, in locating road. -588, 589
shall appoint engineer

..588
agreements for damages by.... 588
draw warrants upon county treasurer 589
disagreements of, returned to whom..589
may appeal to probate court, when...889
decision final, when.....

.589
expenses of, limited

586, 588
COMMON LAW.
rule of construction of, not to apply to
code

82
causes of action surviving at, to sur-

vive under code..... ......145
of other Territories and States, how
proved

.... · 139
act adopting the, as a rule of action..615
COMPLAINT.
against executor or administrator, how

made
against securities.

14
of concealment.......

19
COMPETENCY OF WITNESSES.

See Witnesses.
COMPENSATION.
of witnesses to assist executor or ad-
ministrator

19
of appraisers....

20
of executor or administrator

41
COMPOUNDING.
othenses....

- 259, 200

92, 93

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