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PAGE.
GUARDIAN AND WARD-Cont led.

report of sale, how verified....... ..560
shall execute deed when and natu f560
to render account and settle, when ..560
powers of, to recover property
posed of

..561
to be sued instead of ward, &c. .. 561
shall deliver up to ward, when. .. 561
effect on, by death of ward. .. 561
duty of, on removal..

. 561
where to deposit bond.....

..558
copy of bond to be evidence ..558
how make and attest inventory

.. 559
contract of ward not binding, w ..561
not liable to be held in bail or on
cution

..561
ward may resume possession, wl, ..561
HABEAS CORPUS.

proceedings on, not affected by co
act regulating proceedings on.... ..430
who have privilege of writ.

.430
application for writ, made by i-
tion.....

• 430
what petition must state...... ..431
return on writ to be made in two

four hours, if distance w: in
twenty miles .....

..433
twenty-four hours allowed for res

ing writ for every twenty mil.433
what return on, must state..... .433
return on writ must be sworn to id
signed ...

..433
party making return must bring he

body of the person sought b.
the court

.433
day set for hearing upon returi of
writ

..435
allegations or denials of defense ti
under oath ......

. 435
return and allegation may be ame ed
by leave of the court..

. 435
supreme or district court may i
writ

..218
HEIRS.

actions against unknown.....
when action may be revived agai:

.. 146
HIGHWAYS.

act for locating and working.......444
how laid out, altered or discontin 1, 453
no public or private road laid ut

through orchard or garden... .. 453
not to be laid out through manufa

ers' yards, inclosures or b d.
ings

.. 453
damages for laying out how apprai 1, 453
supervisors to act upon applicatir of
six freeholders...

.453
supervisors to give notice of time nd

place for deciding upon appa-
tions.

• 453
four days personal notice of app

tion for laying out road.. .453
to be served on occupants of land: ..453
notice of application for opening ad

to be posted in three places to
days previous .....

. 453
what notice shall specify..

. 453
survey of new road to be made by t:
ship supervisor ....

...454

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243
.242

PAGE.
GOVERNOR-Continued.
power to fill vacancy in penitentiary
commissioners...

. 578
shall be commissioner, when ..578

duty of, on conviction of criminal....583
GRAÍN.
burning of

239
GRAND LARCENY.

definition and punishment

in connection with burglary...
GRASS.
burning of

• 240
GRAVE.

removing dead body from........... 274

opening to remove dead body ......... 274
GRIST-MILL.
burning of

..239
GROCERY.

keeping open on Sunday...... • 278
GUIDE BOARD.
destroying, &c ......

• 248
GUARDIAN AND WARD.

may sue without joining his ward. 86

how to answer for infant............ 98
Ad Litem.
how appointed, when infant is party
to an action...

87
liable for costs, but may be a witness 86
who is guardian....

....427
appointed by will or probate court...427
who may be appointed

..428
when minor may select their own.... 428
must make inventory, &c...

428
power of guardian.

428
duty of guardian....

428
when minor's property sold on mort-
gage....

428
ground of application stated under
oath

..428
court may order further publication..428
may direct reference ...

.429
guardians to give special security •

429
costs awarded to prevailing party

429
when application is resisted. .429
court must approve deeds on mortgage 429
rules of sale...

429
breaches of condition of bond

429
must make annual report..

429
property to be delivered to new guar-
dian

.429
foreign guardians of non-resident mi-

nors may be appointed..........429
authenticated copy of his appointment
must be filed

429
must be qualified

429
may dispense with original bond .430
compensation of guardians

430
must give bond

..558
how publish notice of appointment...558
duties of

...558, 559
duty of, in prosecuting and defending
etc

559
duty to petition for further power in
certain cases

...559
nature of petition...

..559
notice of sale to be given, how and
when

...560
shall make report of sale to court,
when

.. 560

....

. . . .

....

en

n-

PAGE.

orc

...

HIG WAYS-Continued.

of survey to be recorded by town-
hip clerk..

454
dai ges may be settled by agree-
Lent..

454
agi 'ments for damages shall be signed

by owner and supervisors, and filed
with township clerk..

. 454
owi ' or owners, if dissatisfied, may

all on justice of the peace for a

Try to assess damages.... .. 454
sur visors to have six days' notice

of meeting of jury to assess dam-
ges

..454
per } applying for jury to give bond
or cost.

. 454
lait it on the line of two townships,

hall be laid out by supervisors of
ach....

....455
sup risors shall determine what part

hall be kept up by each town-
hip .....

...456
wb on township line, to be recorded
1) each township..

.456
pul C roads not less than four rods
vide....

.457
jus e to appoint time and place of

neeting of commissioners of .....458
just 'p to issue warrant directing com-

issioners to make return in twen-
\ days......:

.. 458
dec on of commissioners to be in

writing and signed and filed with
ownship clerk...

. . 458
con vissioners' fees one dollar per
lay.....

.458
can it be opened through inclosures

between 1st of April and 1st of
November ...

........458
not bened or ceased to be worked for

J'ir years, shall cease to be a
Highway

..459
her fore laid out and established, to
ontinue

..459
all ads not recorded, but used for
wenty years, to continue.

...459
all

cids not recorded hereafter, used
or ten years, to be...

. 459
discontinued, shall belong to

wners of adjoining land.... ....459
wh i discontinued and set to a tract

brough which new road passes,

Danefit taken out, consideration..459
Unid States roads and Territorial
vads to be worked..

...459
Sta roads hereafter to be laid out,
sorked

. 459
pen y for obstructing ..

. 460
jur i act upon encroachment pro-
nedings

..461
if (croachment found to have been

ade, occupant pays costs. · 461
- to issue execution if not paid
'; ten days.....

PAGE.
HIGHWAYS—Continued.
fallen tree to be removed by occupant

of adjoining land in twenty-four
hours ...

. 462
penalty for not removing fallen tree..462
penalty for falling trees in highways

without consent of owner of ad-
joining land...

. 462
all trees on land on which highway is

laid out, are for use of owner or
roads and bridges..

..463
ornamental and shade trees not to be

used for repair of bridges or
roads

. 463
shade trees may be planted within ten

feet of margin of highway.......463
persons destroying shade trees, liable

to treble damages..... ...463, 464
removing, destroying or injuring mile

stones, guide posts or guide
board, subjects party to fine of
fifty dollars..

..464
injuring highway, subjects party to
treble damages

...464
HIGHWAY TAX.

tax on to be assessed by whom ...... 447
time of assessment before the second
Monday in May...

... 447
list to contain statement of personal
and real property.

... 448
male inhabitants over eighteen and

under fifty years liable to pay poll
tax, four dollars......

..448
colored persons, paupers, idiots and

lunatices, not liable.... ...448
poll tax may be increased, when.....448
residue of, shall be assessed on valua-

tion of real and personal property 448
list to have set opposite each person

kind of taxable property and
amount of tax

448
substitutes allowed, when.. ..449
persons working shall be allowed four

dollars on their tax per day.....449
eight hours' labor constitutes a day's
work

. 449
allowance for each cart, wagon, plow,

scraper, yoke of oxen, span of

horses, four dollars. ...... 449
when payable in money

..450
money tax to be collected by overseer 450
when collected by distress and sale of
property

.. 450
notice of sale to be posted up in three

public places in township for six
days.....

.. 450
surplus of sale to be returned to owner 450
price for using tools belonging to road

district for other purposes, ten
dollars

..451
delinquent road tax shall be collected
in same manner township taxes

. 452
delinquent road taxes collected by

township treasurer to be paid over

for use of district. ..... ....452
HOG STEALING.
grand larceny

243

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

wh

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

jus

are ...................

..461
oachment found not to have been
uade, damages paid by supervi-

...461
fening removed between 1st Nov. and
1't April......

.462

if e

sors ..............

.....

..

PAGE.
IMPRISONMENT- Continued.

when not to exceed six months.... 284
in penitentiary, sentence of, suspends
civil rights of convict.

. 285
for life works civil death.

..285
INCAPACITY.
of certain persons to act as executor
or administrator..

10
INCEST.
how punished..

. 273
INCLOSURES.

all fields shall be, and how.... 465
what shall be deemed sufficient - 465
fencing against hogs....

..465
owners of animals trespassing liable.465

person injuring animal to pay damage465
INCOMPETENCY.
when it exists, to testify

..131, 132
as juror....

286
to hold office...

..269
as voter, removed by pardon of the
governor

...286
INCORPORATORS.

shall make record in recorder's office. 308
may elect officers, powers and privi-
leges

. 308
general privileges ...

. 308
may increase capital stock

• 308
when stock is increased, to certify to
county recorder ...

.. 308
notice to be given .....

.308
vote of two-thirds necessary to in-
crease stock......

309
stockholder individually liable.......309
INCORPORATION.
to incorporate the town and town

company of Elmen Daro ........372
INDEFINITE AND UNCERTAIN

PLEADING.
court may require to be made more

definite and certain by amendment100
INDICTMENT ..

• 257
attorney general to sign

. 196
courts to try, when....

.202
clerks to record...

. 198
to keep, in his custody.
clerk shall not disclose the fact of.... 199
in capital cases .....:

202
must be in name of the Territory.... 197
if found must have concurrence of at
least twelve jurors.

. 198
form of pleading on......

.197
must contain what....

• 197
time of commission of offense

. 197
construction of words in...

197
manner of finding.

..197
not to be quashed or set aside for cer-
tain defects.

· 198
pleading a judgment..

198
one or more defendants may be tried.198
aiders or abettors may be tried.... ..198
must be recorded.

. 198
when defendant is, by wrong names.. 211
for what cause courts may quash ....211
shall not be nolle prossed except by
order of the court.

211
INFAMOUS CRIME.
definition of the term.

287

PAGE.
HOMICIDE.
justifiable and excusable

.. 232
HORSE RACING.
on public roads.

......279
HORSE STEALING.
grand larceny

.243
HOUSE BREAKING.
in day or night ..

240
HOUSE BURNING.

. 238
HUSBAND.
of executrix or administratrix no au-
thority.......

14
HUSBAND AND WIFE.
husband must be joined with wife in

an action, but if action between
them, she may sue alone

86
wife may sue without her husband,

but by next friend, when the ac-
tion concerns her separate pro-
perty

86
if husband and wife are sued together,

she may defend her rights and his

also, if he neglects to do it...... 86
incompetent as a witness for or against
each other

• 131, 132
when equal

383
ILLEGITIMATE CHILDREN ..383
rules in regard to.....

383
advancement to heirs..

.383
children of half blood.

.384
complaint before justice.

488
woman-examination of...... 488
shall give security for maintenance...489
when discharged...

489
when mother neglects to bring suit,
supervisors may....

.489
may be bound over to court

489
renewal of recognizance-trial. . 489
what disqualifies woman as witness..490
of testimony of woman ......

..490
if guilty to be charged with mainten-

.490
failing to give security, may be im-
prisoned

.490
bail and power of bailor

490
directors of poor house may bring suit490

warrant and condition of bond.......491
IMMATERIAL.
variances..

• 101, 102
IMPARTIAL TRIAL.

change of place of trial, to obtain.... 90
IMPRESSION.
of seals, forgery.

• 250
IMPRISONMENT.

orders may be enforced by.......... 42
For Debt.
when person arrested to be discharged

163, 164
See Arrest, Execution against

the Person.
where conviction of two or more of-
fenses, how awarded ...

284
for life, when..

284
in penitentiary, not to be less than

two years, in any case.......... 284
in penitentiary awarded, no fine to be
imposed..

· 284
in county jail not to exceed twelve
months, when...

..284

ance......

....

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PAGE.

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120

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INFANT.
appropriation for support of ..

......... 39
See Disabilities.
must sue by his guardian or next friend 86
guardian of, liable for costs, and may
be a witness..

86
must defend by guardian

87
how guardian appointeil..

87
agent or attorney of, may verify plead-
inge

99
how served by summons.

92
when may show causeagainst judgment143
time allowed for commencing proceed-
ings in error ......

..143
INFERIOR TRIBUNALS TO PRO-

BATE COURT.
how proceedings may be reviewed on
error ....

..168
appellate court or judge to prescribe

terms for stay of execution...... 170
INFORMER, UNDER PENAL STAT-

UTE.
when to pay costs

...... 175
INJUNCTION.
when actions on undertakings given in
must be brought..

81
defined..

.118
when may issue

119
writ of, abolished

119, 120
cause for

120
to be granted on ailidavit.
notice in

120
undertaking

120
requisites of order

120
how served....

120
when binding...

. 120
not to be granted certain cases....120
digobe lience of, how punished... .120
party enjoined, may apply for further
security...

121
affidavits on hearing

121
motion to vacate or modify.

121
affidavits on motion..

121
det'endant may obtain.:

.121
transfer of property by judgment debt-

or forbidden in proceedings in aid
of execution...

..161
See Sty of Execution, Manda-
INSPECTOR GENERAL.
duty of

569
term of office

..570
INSPECTORS.

of town meeiing to make statenent..640
persons to be declared elected by.....640
INSANE.
person not to be executor or admin-
istrator

10
See Disabilities.
INSOLVENT DEBTORS.
proceedings relating to, not affected
by code

183
INSPECTION.
of books, papers and documents, how
obtained

. 139
INSURANCE COMPANY.
how suinmons served on.......

...... 92
actions against, may be bro:ight where
cause of action arose

89

PAGE
INTENT.

to defraud, cheat or injure........... 287
INTEREST.
on debts to estate, assets .....

24
when to be paid by executor or admin-
istrator

24
legal interest ten per cent

.....187
may contract, in writing, for more or
less....

..487
judgment bear ten per cent

..488
INTERPLEADER.
when it will be ordered

88
IRRELEVANT MATTER.

may be stricken from pleading.......100
ISSUES.
feigned, abolished, but questions of

fact, not put in issue by pleadings,

may be tried on special order 83
different kinds of

123
when they arise
when issues of fact arise.

123
trial is the judicial examination of...123
of law, to be tried by court, unless re-
ferred...

123
of fact, in action for the recovery of

!
money or of specific, real or pei-
sonal property, to be tried by a
jury, unless a jury trial be waived

or a reference be ordered... 123
in other actions, to be tried by the

court, except a jury trial, or re-
ference be ordered... ........123

See Trial, Referers.
how entered on trial docket. · 129, 130
when considered made up..

......130
how triable....

....130
See Verdict.
INVENTORIES.
by administrator, to be made and re-
turned

18
additional, to be filed..

19
witnesses to assist in making

19
how far evidence.

20
to be examined by court.

23
separate, of personalty bound by lien
of execution

24
of personaliy sold.

25
to be filed on application for sale of
land

28
of deceased member of co-partnership,
how made......

16
affidavit annexed to, nature of ....... 19
of demands against estates, how kept

and returned by exccutor or ad-
ministrator:

32
to be filed, when and where

19
one sufiicient for...

. 511
how made and attested.

..559
JAILS.
an act concerning.

.411
breaking, or aiding, or atteinpting 262
county to build..

.491
grand jury to inspect

.492
when unsafe....

-493
any county, may be used for fugitives, 493
juvenile prisoners to be kept separate, 493
escaped prisoner recommitted in three

months to satisfy judgment against
sherill

.493

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PAGE.
JAILOR.
refusing to receive prisoner.

264
required to keep convict at work .302
to cal physician.....

304
to call spiritual adviser.

. 304
JAIL FEES.
on arrest, paid by plaintiff, and part
of costs in case......

107
JOINDER.
of canses of action

95
of defenses...

97
of parties

See Parties.
JOINT DEBTORS.
proceedings against, when summons

served on one, or some of the de-
fendan's only...

94
how made parties to judgment when

not originally suminoned........147
JOINT MEETING OF LEGISLATURE.

may assemble with clerk, &c........ 248
who shall preside, &c....

298
disorderly behavior, how punished.... 298

distubing proceeding, how punished, 298
JOINT RESOLUTIONS.... . 619-652
JOINT STOCK COMPANIES.
for public improvement may have fur-
ther time..

.320
name of, may be changed

320
when it shall be known by its new

name, to file with secretary .. 320
existing right or obligation not to be
adiected

320
suit against, how brought ... .320
officers of, to be residents of Terri-
tory

.320
election of directors .....

..:21
change of time of annual meeting....320
JOURNAL.
clerk of district to keep..

.130
JUDGES.

may issue warrant
shall question jury as to interest. 322
shall excuse jurors, when.

322
shall certify as to property..

323
of the second judicial district required

to hold a special term and juris-
diction......

. 327
to take recognizance upon produciion
of order....

....437
refusing to issue writ of habeas corpus,
penalty

443, 441
JUDGE OF PROBATE.

not to be executor or administrator.. 10
nor security in bond

12

S21
term of office...

3-10
to execute bond ..

.340
shall keep a record
compensation

.341
shall not be county treasurer ......

353
shall keep his office at county seat...355
JUDGMENT.
lien of

27
junior, sale under, property may be
resold to satisfy senior...

27
to be filed in the probate court and
classed

34
against securities, when.

37

PAGE.
JUDGMENT-- Continued.
against distributees and legatees,
when

38
if lien of scveral, be even, proceeds
how applied..

27
how pleaded

100
may be amended.

..102
what, in action for replevin of proper-
ty••••

· 107, 108
what, in attachment ...... .........116
defined generally

... 140, 141
may be for or against either of the
parties...

. 141
of dismissal without prejudice to a
future action.

. 141
defendant may proceed with counter-
claim or set-off

, though plaintiff
dismiss action .....

141
in that cage full record to be made...113
of foreclosure, sale must be ordered.. 141
for conveyance, release or acquittance,

to operate as such, if noi complied
with.

....141
On Failure to Answer.
damages may be assessed by court or
jury or referee....

· 141
By Confession.
defendant may appear and confess...142
debt or cause of action, to be briefly
stated

.142
release of errors....

142
warrant of attorney to confess, to be
produced and filed

112
how warrant by person in custody to
be executed....

142, 143
Manner of Giving and Entering.
in conformity to verdict.

143
when court shall order

143
state of pleading to control.
in cases of counter-claim or set-off... 143
right of infant to appear and show

cause against judgment, need not
be entered ...

1.13
to be entered on journal

143
record of case ....

..143
when made up and how signed....

.....113
of what record to consist, but may be
abbreviated

... 143, 144
further time to complete record may
be granted

...144
cases in which record need not be
made

144
if action is dismissed without preju-

dice, record may be made on pay-

ment of costs thereof....... 144
may be opened, when service was by
publication....

93
effect on purchaser

• 93, 94
on application to open, counter affida-
vits allowed......

94
how revived, and new parties to, made 164
before justices of the peace •

..164
how reviewed on error .......... 167-175
in actions concerning real property. 176
on official securities

177
in mandamus..

... 179
shall be rendered against garnishee,
when ...

513
how satisfied.

..511

....143

58, 59

duty of

...341

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