PAGE.

PAGE.

COMPOUNDING- Continued.
offenses upon indictment for, what
need not be proven ...

...260
COMPROMISE.

See Offer.
CONCEALMENT.
of effects, complaint of, and proceed-
ings

19
of offenses upon indictment for, what
need not he proven

.259
offender after felony...

• 283
time of commencing action against de-
fendant not to run

85
attachment against the property of

110, 111
See Attachment.
CONDITION PRECEDENT.
performance of, how pleaded..

100
CONDITIONAL ORDER.
to revive actions...

146
CONFESSION OF JUDGMENT.
After Action.

142
defendant may offer to make, for part

of annount claimed or causes in-
volved

.. 165
effect of, if plaintiff refuse to accept 165

offer not to affect defendant on trial..165
Before Aetion.
persons liable may offer to confess

judgment for a specific sum before
an action for the recovery of mo-
ney is brought...

· 166
effect of offer, if other party does not
accept

166
offer not to be used on the trial. . 166
personation of another in...

256
CONFIRMATION.

of sale on execution :
CONFLICTING CLAIMS.
to real property may be determined by

action of party in possession ....176
to personal property, when inter-
pleader allowed on.....

88
to personal property, when taken in

attachment, how determined 110, 111
on execution

. 149
on proceedings in aid of execution .... 160
CONSTABLE.
to serve warrant of township supervi-

sors on overseer of roads........448
costs of, when paid by road overseer.448
to collect delinquent highway tax,
when

• 450
shall return delinquent highway tax to

overseer in thirty days.. 451
may proceed on reissued delinquent
road list...

451
to serve township supervisors' war-
rant

.152
fees for serving warrant on road over-
seer, how paid....

. 452
duty of, in cases of attachment.

. 510
may deliver property to defendant,
when ....

CONSTABLE-Continued.
manner of executing

528
shall not deliver property to plaintiff

or until sufficient undertaking is
entered into....

...529
nature of undertaking.

1.529
amount of undertaking, how fixed....529
if the undertaking be not entered into

within twenty-four hours, proper-

ty must be returned to defendant.529
if security too small, etc., officer lia-
ble ....

...529
may break open buildings, etc., when 530
no suit shall be instituted upon, till
property cannot be found in the county 530
duty of, in collecting executions.. ..531
liable if he omit to arrest, etc.... .532
liable for amount of execution, when-532
sales on execution to be advertised,
how, &c ......

-532
not allowed to purchase at sale. 533
penalty for purchasing.

-533
compensation of, for keeping livestock 533
to make return of property sold......533
penalty for not making return.... ..533
how to dispose of property not sold..533
may permit defendant to retain pro-
perty, when

..533
how elected and term of office.. ..534
shall take oath, and nature of same..534
shall give undertaking, when 534
conditions of same..

.534
same to be filed.....

534
vacancy, how filled

.535
powers of, by appointment and fees..535
are ministerial officers, when.. 535
general duties of .....

535
may call aid of county, when.. ..535
shall make return strictly,...... 535, 536
shall note time of receiving and exe-
cution of writ

...

· 153

or

PAGE.
CONSTRUCTIVE NOTICE.

when notice of lis pendens is.........
CONSTRUCTIVE SERVICE.
when service by publication may be
made

• 92, 93
what affidavit necessary

93
publication, how made and what to
contain

93
how completed and proved

93
on revivor of actions

1.15, 146
CONSTITUTION.
transmission of

294
CONTRACT.

for improvement on public land...... 303
act regulating

301
survives against heirs, &c..

301
suit may be brought against one
more parties....

. 301
for purchase of land, how disposed of 26
may be cancelled and land relinquished 26
may be completed

26
for conveyance of land, how enforced 30
with executor or administrator, how
enforced

30
not in writing, time for commencing
action thereon....

81
in writing, when...

84
evidence of new, or continuing, must
be in writing

86
CONTEMPT.

disobedience of injunction punished as 120
refusal by receiver to deposit or deliver

money or other thing when order-
ed, punished as.....

122
Of court by a witness.
what constitutes.

132
attachment for

133
punishinent

133
witness released if illegally imprison-

ed.
for not giving undertaking in proceed-

ings in aid of execution.....159, 160
if defendant in mandamus does not re-

turn writ, may be proceeded
against as for

........178
Council and House of Representatives
may punish for.....

298
CONTESTED ELECTIONS.

when an election may be contested...402
incumbent.....

402
sufficient grounds for setting aside an

PAGE
CONTESTED ELECTIONS-Continued.

proceedings in court
noi dismissed for want of form

401
adjournnenia
style and form of service..
trial shall be at county seat
powers of court.....
sherilliay be required to attend .405
witnesses'testimony shall not condemn
themselves

.405
trial in court, election set aside, &c..405
who liable for costs, &c ....

.495
authority of probate judge..
certiticate withheld, &c....

403
Members of Lerislature.
may be contested, how...

405
statement served on incumbent. 406
subpenas, depositions, &c.... 105
paper to be filed, where....

405
secretary to deliver papers to presid-
ing officer...

.405
legislative power unabridged... . 100
contest for township officers before
whom....

. 106
CONTINUANCE.
may be granted, when

· 25, 26
offer to comproinise, no cause of.. 165
costs on.

175
CONTINUANCE.

by justice of peace, how granted, &c.526
CONTINGENT FUND.

each house to control its owil........ 299
CONTROVERSY.

See Submitting controversy with-

out action,
CONVEYANCE.

of real estate, under will, by whom .. 28
contract for, how enforced..... 30
when judgment for to operate ag.....141
to defraud creditors..

..246
making, without reciting previous....217
falsely certifying acknowledgment or
proof of...

249
personation of another in acknowledg-
ing

256
who are authorized to make.

. 239
what a, possesses

.29
of estates in future

.299
of trust estates

289
By Commissioners.
when personal property conveyed by
master commissioner ....

144
sheriff may act as coinmissioner 114
requisites of inaster's deed

1.15
CONVICT.
rescue of.....

261
aiding to escape

.. 262
escaping, punishment.

• 202, 263
conniving at, or Butlering escape.... 204
may be retaken.....

· 264, 265
in penitentiary, under protection of
the law

285
how secured..

304
who are deered convicts

304
price of labor of....

304
to be confined at night

304
to have use of county jail

304
who to provide for...

304
wlien sent to penitentiary

301

133

......

102

PAGE.

.36, 37

recover...

115, 116

99

PAGE.
CONVICTION.

not to work corruption of blood...... 286
when to work incompetency as juror.286
when as voter.....

269
when as witness........

286
when to hold office ......

..286
when to work forfeiture of office 261, 269
former, when may be pleaded.... 282
second, for like offense, punishment..283
may be had of offense of less degree
than that charged in indictment,

284, 285
of one degree, bars trial for same act
for another degree.....

• 285
of person under sixteen, of felony, pun-
ishment

285
not to work forfeiture of estate...... 286
COPIES.
of written instruments to be filed with

pleadings
of books, papers, documents, how ob-
tained

· 138
of deeds or other written instruments,
how obtained...

. 138
printed, of laws, when evidence... 138
CO-PARTNERSHIP PROPERTY.
to be inventoried, &c., by executor or
administrator

...... 16
how disposed of

16
when to pass to executor or adminis-
trator ....

17
to be applied to pay partnership debts 17
if taken by executor or administrator,

additional bond to be given...... 17
CORONER.
term of office......

318
to execute bond....

.318
when to act as sheriff..

.....348
fees of...

• 414, 415
or other person to serve attachment

against sheriff for refusing to obey
writ

.434
may issue writ with attachment with
writ .................

434
when to serve process.

• 180
CORROSIVE SUBLIMATE.

selling without label and to minor....278
CORPORATION.
how summons served on.....

92
may be sued where situated, except,
&c.................

89
may be made garnishee in attachment 112

COSTS --Continued.

in what case to be paid by creditor... 34
of process against delinquent, by whom

paid....
party served by publication, must pay
before judgment opened

93
no payment of or amendment for inn-

immaterial variance...... 102
on demurrer sustained, amendment

with or without, as court may
direct......

102
on supplemental pleadings.

103
when bail to pay, pending proceedings

in error on judgment against .....107
jail fees on arregt part of costs of case 107
in replevin of property.....

107, 108
of keeping property attached ...114
when garnishee to pay and when to
on final judgment in attachment.116, 117
fees of referees part of costs of case.. 128
of proving a paper or document, when

opposite party inust pay · 138
of proceedings to perpetuate testi-

mony, applicant to pay.... . 140
full record on condition of paying
therefor:

..144
on proceedings in aid of execution.... 161
of filing transcript of justice's judg-
ment

164
when defendait offers to compremise 165
on submitting the controversy without
action

· 165, 166
on confession of judgment after and
before action.

.........166
in error ......

........171
non-resident plaintiffs to give security
for

174
action to be dismissed, unless such
security given

174
security for, if plaintiff becomes non-

resident after action brought . 174
additional security for, when required 174
judgment for, when and how rendered
againsi surety...

. 176
informer under penal statute, when
liable for ...

175
on disclaimer of title or interest in the
subject of action ......

. 175
of motions and amendments.

. 175
To Plaintiff.

when allowed of course. ...... 175

when not allowed of course ..........175
To Defendant.
when not recoverable unless plaintiff

recovery more than five dollars

damages
when allowed of course..... . 175, 176
when under control or court

176
Written instrument.

but one recovery of costs on ....... . . 176
when paid by county..
when paid by county or prosecutor..
when paid by Territory..
when to be taxed to clerk

175

225

225, 226

228

PAGE.

..................

.6

66

COSTS-Continued.
of jury for assessing damages on road,
how paid....

...455
who pays, when more than one hun-

dred dollars is recovered....504, 505
paid by county on justice's trial, when 501
may commit for

....301
may issue execution for ............ .501
how paid in change of place.........

...516
shall be paid by plaintiff, when......521
appellant to pay, when............. 524
for keeping live stock under lien.....552
to be paid, how..

..557
to be paid how, when persons dis-
charged

557
of confinement, how paid

562
how collected on quo warranto

.580
in keeping prisoner in civil process
paid by plaintiff

-492
COUNTY.

in which actions are to be brought... 89
to be bodies corporate...

· 333
rights, powers, &c.

333, 334
real and personal estate deemed pro-
perty of..

· 334
powers of, exercised by county super-
visors..

PAQE.
COUNTY CLERK-Continued.
shall attend sessions of board of su-
pervisors...

341
shall keep the seals and records of
said courts......

. 341
shall keep records of district court and
bond of supervisors

. 342
office filled at the next general election 498
clerk of board of supervisors to do the

duty until county clerk elected...498
COUNTY RECORDÉR.
duty of .....

318
fees of, for recording.

318
term of office.

-342
to execute bond

.312
shall appoint deputy.

342
when deputy to act as....

.312
shall keep all books, records, maps, &c.342
shall record all deeds, mortgages, &c. 342
shall indorse each instrnment recorded 342
form of index to be kept..... .312
manner of making entries..... .312
copies of filed papers to be evidence..343

shall keep office at county seat...... 355
COUNTY SEATS.
act to locate the, of Jefferson county..369

Johnson

..370
Linn

..371
Madison

..372
Marshall ..373
Shawnee ..373
Wabaunsee“ ..376
Wise

..377
Chase

..377
COUNTY SURVEYOR.
term of office....

354
shall give bond

.354
may appoint deputies ......

354
certificate of, received as evidence. 354
general duties of ......

354
shall keep record of surveys, &c.

. 354
fees of

·415
vacancy, how filled....

355
COUNTY TREASURER.
directed to receive warrants drawn

by president of investigating com-
mittee

47
to settle with Territorial auditor. 52
to make oath before auditor ......... 53
to receive and disburse proceeds of

66

PAGE.

COUNTY TREASURER— Continued.

shall keep office at county seat...... 355
shall charge constable.

..503
COUNCIL DISTRICTS.
for Legislative Assembly.

48
Calhoun county attached to First
Council District..

51
Morris county attached to Sixth Coun-
cil District...

51
Chase county attached to Thirteenth
Council District....

51
Morris and Chase counties attached

to Twenty-third Representative
District....

51
COURT, DISTRICT.
judgments or final orders in inferior

courts may be reversed, vacated
or modified in...

... 168
judges of, to furnish transcripts of
proceedings

..168
stay of execution on judgments re-
moved from........

170
how far provisions upon error in civil

cases applicable to ...... ..174
powers of, for the correction of errors

in proceedings of the probate :
court ..........

....168
rules of

182
may add five per cent. penalty on af-
firming a judgment....

.......183
may compel attendance of witnesses. 194
to determine when witnesses are bound

to testify before grand jury ...... 194
witness refusing to testify, to give re-
cognizance.

...195
when grand jury is discharged, may
summons another....

• 195
shall charge grand jury.

196
shall cause indictment to be rendered. 196
order amount of bail

.. 200
proceedings, when defendant in recog-

nizance fail to appear..... ...201
to continue cases for criminal offenses 202
when to try indictments .............

..202
to appoint counsel for prisoner in cer-
tain cases....

... 202
may make an order for change of

.. 205
application for discharge of prisoner.211
verdict of jury brought into.. ..213
shall assess punishment in certain
cases ........

214
punishment may be increased, when

venue........