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PAGE.
LUNATIC.

See Disabilities.
MACHINERY.
burning of...

239
maliciously destroying or injuring .. 247
MAGISTRATES.

power to cause laws to be kept ......185
to examine complaint in case of
threat

.185
to examine witnesses....

.185
to reduce evidence to writing. 185
to issue warrants for arrest...

185
shail hold to bail to keep the peace.. 185
shall hold to bail to appear at districi
court

.....185
power to let prisoner on bail.........

..186
to commit prisoner on failure to give
bail

...180
may bail prisoner after commitment..186
transmit recognizance to district court 186
to commit for contempt

.186
to issue process......

. 188
examine coinplaint on oath.... 188
reduce complaint to writing, &c ......

. . 188
to issue warrants for criminals who
have fled from the country...

. 189
may admit to bail in certain cases....189
shall certify on the warrant, &C...... 189
mity canse witness to be guminoned..189
may let to bail or commit for exami-
nation

...190
make record of default and certify

same to clerk of district court...190
when prisoner fail to give bail, may
commit

190
shail examine witness, &c.......

190
may separate witnesses

.191
testiinony reduced to writing...

.......191
prisoner discharged for want of evi-
dence

191
to take bail in certain cases.........191.
may require witnesses to give bail, &c.191
may require married women and mi-

nors to enter into a recognizance,
&c ......

· 192
may cotomit witness to prison on refn-

sal to enter into recognizance, &c.192
may call another magistrate as an ag-
sociate...

192
shall certify as to proceedings had... 192
penalty for neglect of daty.... 192
to issue search warrants............221
may cause person to be searched.....222
to order property delivered to owner

on his paying costs........ .222
stolen prop ty, when sold...........

.. 222
wauats need not be sealed...... • 223
or clerk of court to deliver to oficer

papers concerning criminal upon
production of writ

.....435
to aliend in person when papers have
not been filed.....

.433
knowingly cominit any person dis-

charged, deemed guity of misde-

meanor
penalty of, for recomiiment........441
MARRIAGE.
of femme sole executrix or administra-

trix.

PAGE.
MARRIAGE-Continued.
of party lot to abate action.

86
compelling women to....

235
bigamy punished....

..272
cases excepted from punishment.....272
without this Territory, when bigamy,273
of single person to married...

263
incestuous, punished....

..273
solerunizing certain, penalty.... .274
by force or fraud may be declared
void

.384
when not to be void..

. 384
is a civil contract.

.503
when declared to be incestuous and
void

..563
penalty for contracting or solemnizing

marriage when declared to be
void

...563
validity of, when contracted out of
this Territory

.......563
who may perform ceremony.

...563
penalty for joining minors in, without
consent of parents...

...563
record to be kept by all persons al-
lowed to join in marriage....,

...563
shall also transmit to county clerk...564
penalty for not transmitting. ..504
MAIL.
executions issued out of the county

may be returned by... ...157, 158
but money not to be sent by, unless

sheriif specially instructed...... 158
MAIL STAGES OR COACHES.

where actions against may be brought 90
MAIMING.
cases of, enumerated....

.. 230
by negligence of another.

...237
cattle maliciously

· 247, 278
MAINTENANCE.
of widow and children, allowance for,
when

39
MAJORITY.
of executors or administrators must
join when

24
MALICIOUS MISCHIEF.

. 217
MALICIOUS PROSECUTION, AC-

TION FOR
time of commencing

84
ahate by death of parties.

145
costs in....

175
MANAGING IGENT OF A FOREIGN

CORPORATION.
service of suminons on

92
MANDAMUS, PROCEEDINGS ON

WRIT OF.
to whom and for what issued........178
not issued when there is an ordinary
remedy

178
writ, alternative or perempiory...... 178
when peremptory writ may be allowed 178
motion therefor...

178
how allowed and served....

178
answer on return of writ

179
it' no answer, perempiory writ must
issue

179
no pleading, but writ and answer ....

.. 179
if judgment for plaintiff, dainages re-

covered and peremptory writ
avaided

. 179

......

PAGE.
MANDAMUS, PROCEEDINGS ON

WRIT OF- Continued.
such judgment a bar to another action 179

when a fine may be imposed.........179
MANUFACTORY.
burning of ...

.....239
YNSLIUGHTER.
in first degree :

232
in second degree.

232
in third degree..

233
in fourth degree

234
punishment for .....

235
assault with intent to commit .236
MARKS AND BRANDS.
altering, larcency.

.243
MARSIIAL.

See Statutes of 1858.
of Territory, marshal of court. .327
powers and jurisdiction

..328
fioable for neglect

3:28
MARRIED WOMEN.

cannot be executrix or administratrix 14
how long allowed afier disability for

exhibiting demands against estates 31
limitation to proceedings by, to set

aside order for the specific per-

formance of contract............ 30
when she may gue alone...... 80
when she may join with her husband
in the suit...

86
how she may defend

86
act to protect the rights of, &c ....... 564
property of, not liable for debts of
husband

561
may bargain, sell, make contracts, &c.565
may sue and be sued...

• 565
notto will more than one-half of prop-
eriy from husband..

-505
rights of husband, if wife die without
wili

365
if she dic without will or issue 305
if married man die without will or is-

· 505
conditions of husband's will optional

with wife to accepi, &c.........565
married considered sole when ........505
rights of, if married out of this Terri-
tory

.....566
marriage now made to be valid ......566
husband liable for dehis of when.....500
liabilities not extinguished when.....510
execution levied on lands of wife when 566
separate deeds not valid...
MASTER.
to give security for appearance before

probate court when............. 59
duty of, ulio is going to remove ...... 00
may have an action for damages for
lost time..

00
action brought wishin two years after
full age of apprentice..

60
MASTER COMMISSIONER.
when to assess damiges on failure to
answer ......

142
when real propeity my be conveyed by 114
requisites of dced

.114
how appointed

.183
oath of office and security by

183
fees of ......

183

sue ......

.. 600

PAGE.
MATERIAL ALLEGATIONS.
what are.............

..101
when taken as true...

.101
MYHEM.
cages of, enumerated.....

236
by negligence of another..

237
of cattle

.247
MERCH INDISE.

burning, to defraud insurer... ....... 239
MERITS.

decision must generally be on........141
MEETINGS.

religious, disturbance of ...... .277
annual, of companies, to elect officers:313
of stockholders when....

314
each share to give one voie.... 314
treasurer to give bond....

.34
district, of school district, when

.000
who may vote at......

...000
challenge of voeg at...

..000
when district deemed organized. 600
district, bodies corporate.... ..000
annual meetings....
annual, when illegal....

..601
powers of district meetings

COL
powers of special meetings

001
special, c'illed by whom...

.602
length of schools by whom delerinined 60!
MILL DAM.
destroying, &c......

.248
MILE STONE.

destroying, removing, &c ............218
MILIT IRY COMPANIES.
age of men...........

567
to consist of volunteers ....

567
shall elect officers when.

.567
power to make by-laws, etc.

507
shall parade when...

517
shall have uniform.

567
shall appear when ordered

568
shall be called into service when... . 563
under control of civil power....

.568
system of discipline and tactics. 568
liabiliiies of Anusicians..

508
uniform to be adopted, etc..... .568
duty of expelled or abandoned membe: 518
may be expelled from, when..... 1.563
who presides at trial....

.558
moneys of, how disposed of. ........509
MINISTERIAL OFFICERS.

duties of, may be performed by deputy181
may require person offered as sure y
to qualify:

.81, 182
MINISTER OF THE GOSPEL.

when incompetent as witness...... 131
MINORS.

may be bound apprentice............ 57
shall not be executor or administrator 10
appropriation for support of ........ 39

See Infant.
act relating to......

570
period of majority of ...

570
bound for contracts when

.370
misrep. esentation of, makes valid con-
tracis ..........

570
minor can receive pay and none o her
when

570
MISCELL INEOUS PROVISIONS.
concerning county officers.

• 255

....

زانان...

PAGE,

MISDEMEANOR.

general provisions as to punishment of 243
compounding or concealing..

259
definition of the term..

287
found guilty of, under habeas corpus
act, how punished.

412
MISJOINDER IN ACTIONS.

court inav direct separate suits...... 96
MISPRISION.

See Clerical Errors.
MISTAKES IN PLEADING.

See Pleadings, Amendments.
MONEY.

concealed or embezzled, how recovered 19
to be collected by administrator 21
loaned by executor or adıninistrator,

interest to be accounted for... 24
statement of, when to be made by ex-

ecutor or administrator...... 24
of distributee or legatee not appearing
how disposed of.....

39
of estates, how apportioned among
creditors...

36
when to be paid into county treasury 36
how recovered from county treasure

36
to be opened and examined in presence
of witnesseg......

18
if opened and examined without wit-
nesses, penalty for.....

18
MONUMENTS.
to designate boundary of land, remov-
ing

248
MORTGAGES.
musi berecorded.....

. 290
acknowledgment of within the Terri-
tory

..290
acknowledgment of out of the Terri-
tory

.290
certificate of acknowledgment.......290
before whom proof or acknowledg-
ment made....

• 291
what certificate shall state.......... 291
certificate must be under seal........291
penally for false certificate.......... 201
courts may issue subpenag for wit-
nesses ......

.291
revocation of power to make ........

.. 291
instruments of writing, when evidence 291
instruments of writing must be record-
ed ......

......... .291
red rds and acknowledgments hereto-

fore taken in this Territory valid 292
may be foreclosed when. .....571
MORTGAGE CASES.

sale of lands on foreclosure .......141
redemption of, when ·

216
NOTION.
deti: ed......

167
may include several objects.... 167
notice ol', how served

. 167
fees of serving

.167
court or juize may direci notice of

motions to strike pleadings and
papers from lileg...

107
to appoint guardian ad litem........ 87
to supply parties, on disability or

transfer by original parties...... 87
for an order to be made party to a
buit

88

PAGK.
MOTION--Continued.
to obtain interpleader.....

88
for substitution as defendant in action

against sheriff by plaintiff in the
execution

88
to change place of trial

90
by defendant, served by publication,
to open judgment..

93
to strike redundant or irrelevant mat-

ter from pleading .... .........100
to make a pleading definite and certain 100
to withdraw counterclaim or set-off,

or make it the subject of a separ-
ate aciion .....

100
for a continuance or amendment 03
by bail, for stay of execution on pro-
ceedings against them..

· 107
to vacate order of arrest

. 107
by plaintiil' in att:chmont for appoint-
ment of receiver ......

113
for disposition of property pending at-
tachment

114
to discharge attachment.. ....117
or for additional security on..

•117
for order of attachmeni before claim
due ....

· 118
to obtain order of injunction ... ..119
to vacate or modify injunction ....121
to appoint receiver....

121,12!
for a reference

..126
for a new trial..

........129
timne of hearing..

130
to obtain inspection or copy of books,

papers or documents..... 138
for the revivor of actions...... 145
for the revivor of judgments... 147
to amerce sherifi or clerk for mis-con-

duct, on execution against prop-
erty

. 157
to obtain examination of judgment
debtor

. 159
for arrest of judgment debtor, in pro-

ceedings in aid of execution.....159
to obtain examination of debtor of
judgment debtor...

· 159
MOTIONS.

Sec Proceedings in aid of Ere-

cution.
to obtain order of arrest of the person
on execution ....

. 162
to puspend execution of special man-
date

. 171
to vacate judgment for error, coram
nobis

. 172
for an injunction of judgment sought

to be reversed on error .......... 173
costs of......

........ 175
for the writ of mandamus.

178
MURDER.
in first degree.

....231
in second degree........

231
when punishable..

188
prosecution for, when commenced.... 188
MUTILATION OR ALTERATION OF

BILLS.
act to prevent

123
NAME.

aflixing pretended, forgery .......... 254
using o wii, preiending it is another'8:255

.........

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PAGE.

2ان

NAMES CHANGED.

to change Richardson to Wabaungee-376
to change Wise to Morris.... .377
to change Brownsville to Auburn....572
to change Calhoun to Jackson....

......572
to change Weller to Osage....

........573
NAME, FICTITIOUS.

when party may be sued by .......... 103
NATURE.

crime against, punishment. ... 273
NEGOTIABLE INSTRUMENTS.
parties to actions on....

87
how stated in pleading

100
copy of sufficient.

100
cosis of several actions on

.175
NEW COUNTIES.

boundaries of Montana and Oro...... 357
boundaries of Broderick, Fremont and
El Paso.....

. 358
to organize the counties of Wise, But-
ler and Chase

361
organizing the county of Wyandott ..362
boundaries of Wyandott

312
election of oflices

302
term of office....

.302
duty of clerk of Leavenworth county,

362, 363
transfer of gaits of probate....
duty of recorder of Leavenworth and
Johngon countieg...

363
temporary county seat

363
election for county seat

.303
to locate county seat of Anderson
county....

.303
to locate county seat of Allen county 366
to locate county seat of Bourbon “ 306
to organize the county of Butler, and

to locate temporary seat of jus-
tice at Chelsea.

.367
to locate the county seat of Jackson
county :

.308
NEW MATTER.
in answer, when plaintifi

' may reply to 98
NEW PARTIES.
to judginenis, how made....

147
NEW PROMISE.
to take cage out of limitation, must be
in writing and signed.....

85
NEW TRIAL.

for what causes may be granted.....128
for what causes may not be granted..1.9
application for, when to be made.... 129
how application to be sustained... 129
in aciions for the recovery of real
property

...176, 177
NEXT FRIED.
married woman, suing or defending

without her husband, must gue or
defend by....

86
NON-OBSTAVTE VERDICTE......143

See Satutes of 1858, p. 127.
NON-RESIDENT.

not to be executor or administrator 18
legatee or distributee's share to be
loaned out......

PAGE.

29
decedent's property, how disposed of. 39
plaintiff, must give security for costs 174
proceedings on such security . .174
attachment against property of..110, 111

NON-RESIDENT-Continuci.

damage paid to county treasurer..... .473
notice of payment by publication ..473
all papers filed wiili regis er or deeds 473

appeal to probate court, proceedings: 173
NOTARIES PUBLIC.
protest of, prima eridence evidence of
refusal to pay

73
fees of...

...115
goverror shall appoint.

571, 575
powers of, and duties

.575
shall keep record

.575
shall give certified copy when.... ...575
in case of vacancy, what to be done
with record, &c.

.575
shall have notarial seal..

.575
shall take oath and give bond. · 571, 575
nature of oath ......

575
shall record bond where.... .....575
limitations of actions against........575
validity of acknowledgme its here'o-
fore taken.

. 575
NOTES.
may be asigund sopar delts

22
Ser Negotiabli instruments; also,

Bonds, Notes, Bills of Exchange,

&c.
forgery of......

...251
NOTICE.
of grant of letters

20, 21
to creditors

20, 21
when there are no known heiis

21
of sales of personal estate..... • 22, 23
of intention to resign or surender lei-
ters

15
of application by creditor for sale of
real estate

27
of application by executor or admin-

istrator for order to sell real estate 27
how published

23
of saic of real estate to be published;

publication in newspapers may be
dispensed with when.....

2)
of petition for specific performance .. 30
of demands against estate, how given 33
when and by whom serves

33
may be waived by executor or admin-
istrator

33
may be given to agent of executor or
administrator when....

34
executor or administrator absent, and
no agent, to be file)....

:4
to disiributees, when and how given. 38
to refund, when and how givea ...... 38
on application to open judginent when

service was by publication 93

See Lis Pend. ns.
of the filing of an amended pleading to

be given to opposite pirty.......102
requisite, if supplemental pleading
filed

. 103
requisite to adverse party, on motion
to consolidate action...

103
of excep-ions to buil....

· 105
of jus iticaíion of bail..

. 105
on application for injunction

.119
on motions in attachment ......

· 117, 118
on proceedings to obtain inspection or

copy of book or document .....138
. 177
OFFER.
of defendant to compromise the whole
or part of the acion

..

PAGE.

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NOTICE-Continued.
in proceedings to perpetuate testimony

139, 140
of sales on execution against property

151, 152
on offer to confess judgment before ac-
tion

. 166
of a motion, requisites

· 166
how served....

· 167
of motion to strike pleadings and pa-

pers from file, to be as court di-
rects

- 167
of proceedings in error coram nobis ...

172, 173
in mandam16..

..179
See Summons.
NUISANCE.

actions for, abate by death of parties 145
costs in actions for

. .175
places declared nuisances

.555
NURSERY.
burning of......

.240
OATH.
to be taken by executor and adminis-
trator ......

11
of money on hand

24
to be taken by applicant for letters.. 11
of persons offered as securities.... 12
by claimant of demands against estates
or agents...

32
affirmation to have effect of. ........181
of officer

..640
who shall administer and how. :75
form of .......

576
form of, of office

..576
how and by whom administered.
OCCUPYING CLAIMANTS.
parties to actions for real property
may have relief as.....

OFFENSE-Continued.
when committed in more than one

county, punishable in either.....187
committed on boats or vessels, where
punishable

...187
prosecutions for general offense, when
commenced ......

...188
offenders concealing themselves, time

of concealment not included in
limitation

188
second punishment.

283
conviction of, when convicted of the
like in another State

283
OFFICER.

action against local.........
burning building in which papers kep: 239
having custody of records, &r., des-
troying, &c....

- 256
embezzlement by

· 165
defendant may, before trial, offer to

allow judgment for a certain sum 164
accrptance of other.....

165
when offer deemed withdrawn.... .. 105
effeci of offer, if plaintiff do not re-

cover a more favorable judgment 165
offer, no cause of continuance..

- 165
offer to confess judgment...

.. 166
OFFICIAL BONDS.
acion on local.......

...... 89
OFFENSE.

conviction of two or more, punishment284
definition of the term...

287
affecting the lives of individuals .231
property

..238
records, currency, instruments or secu-

rities, public and private... • 249, 256
the administiation of justice.... .257
by persons in office......

265
against public morals and decency or

the public police and other of-

fenses
compounding or concealing.......... 259
punishable in county where committed 187
committed by agents of persons out of

the territory, how punished...... 187

245
forging seal of

249, 250
guilty of improper conduct in selecting
jurors ..

259
obstructing or resis.ing

260
assaulting, beating, wounding 260
suffering instruments to go into jail.. 262
sutfering prisoner to escape

• 262
refusing to execute processo

264
bribery of..............

265
oppression, partiality, &c., by. • 268
frauds by, in office....

269
extortion by......

269
misdemeanors not provided for: 269
may break open doors, &c.... 277
to keep list of fees posted up......

.417
fees of, to be returned on process ...,

...417
liable for refusing to obey.

443
duties of certain, in relation to insane
persons

..... 557
to stamp copies of laws received from
secretary

.....617
copies of laws to be given up by, when 618
penalty for failure to deliver books,
&C......

(18
copies remaining, how disposed of.... 618
compensation of, fixed by by-laws....315
to receive back all examination and

testimony and recognizances oi
witnesses

.. 438
OFFICE.
burning of............

239
public, forging seal of

249
forfeiture, when.. • 261, 26., 286
bribing to procure

.266
giving as bribe, to procure elec'ion...207
selling

268
assumption of, unlawfully. ... 269
OFFICIAL SECURITIES.
proceedings on..

177, 178
OPENING JUDGMENT.
when service has been by publication 93

See Julgment.
OPERATION OF THE CODE.
provisions as to rights of action under

existing laws, how enforced..... 182
not to control certain special proceed-
ings

182
how statutory remedies may be used .. 183
ORCHARD.
burning of....

.240

500

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