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CIVIL CASES, (Continued.)

Real property, provision in respect to repair
of highways,..

damages for unlawful entry into
lands, etc.,....

Recorders' and Mayors' courts, proceedings
in,.....

appeal from to county court,
trials in, when by court and when by
jury,

proceedings on appeals same as in jus-
tices' courts,..
jurisdiction of,

References and trials by Referees,..

......

.........

....

......

......

....

of account to enable court to complete
judgment,....

.545, 551
when court may order on agreement of
parties,

551

when on application, or of its own
motion,

551
referees and objections thereto,..... 552
report of, when to be made, and
effect,..

appointed to examine trustee of judg-
ment debtors,..

in actions for partition,
fees of referees-cost of postponing
trials before,
when three-all must meet, but two
may act,
Review, writ of-when and by what court
granted,
application for, how made,

how directed, form and service of,
judgment on return,

566-7

copy of to be transmitted to court
below,....

roll-what to constitute,

appeal from,
costs on review,
Sale of real property. See real property, title

.....

566

...

634
751-2
551-552

634

634

......

634

564-5
570-575

552

609

613

601

601
602

602

partition,...
570-574
for satisfaction of mortgage or
lien. See foreclosure,. .
565-6
on execution. See execution, 559-563
of personal property. See execution, 559-561
Seal of court, how impressed on writs, re-
cords, etc,...
Service of written notice and other papers,
how made.....

612
by mail how made and time,. 612-13
when may be on clerk or attorney, 613
Slander, proceedings in action for,....... 529

602

602

602
610

601

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forced,..
Trespass on real estate. See ante, real pro-
perty,.
Trials, general provisions-exceptions de-
fined, etc.,. . . . .

new trials, when to be granted,.....

motion for, how made and notice
thereof,

554

when right to move for waived,.. 554
Trial by the court, when jury trial waived, 551
decision of issue of fact, how given, 551
to complete judgment, court may refer
an account,.
551
verdict when court may direct sealed, 549
how given, corrected and record-
ed,....
549
general and special, defined,.. 550
in actions for recovery of money
and for specific personal pro-
perty,...

entry in minutes of the court
after,
case reserved, or proceedings stay-
ed after,.....

Trial by Jury, formation of jury, trial and
verdict,
547-550
jury trial may be waived-how,..... 551
causes, entry and trial of. See ante,
issues, etc.,....
546-7
court to charge the jury, etc.,...... 548
to furnish points of law to either
party,...
entry to be made by clerk, after ver-
dict,

jury, how drawn, sworn and chal-
lenged,..
547
challenges for cause, how tried, 548
in case of sickness of juror,... 548
may retire for deliberation, and

550

may take papers with them, 548-9
may return for instruction,. 549
disagreeing, to be sent out
again,....
adjournment of court during ab-
sence of,......
Trials, by referees. See ante, title re-
ferences,..

551-2

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588

588

588

566-7

553
553

550

550

555

548

550

549

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Usurpation of office or franchise,

when attorney general to sue for,.. 575-6!
complaint and arrest of defendant,.. 576
judgment how rendered,..

damages and penalty,....
right of party entitled,.

576
576
576

action against several claimants, 576
Verdict. See ante, trial by jury,...... 549, 550
Waste, action for. See ante, real property, 566
Written instruments, when evidence of con-
tents may be shown,....... 599
alterations in, must be accounted for, 600
when not to exclude as evidence, 600
order for inspection or copy of,...... 599
Witnesses-attendance of,.......... 590-594|
arrest, when witnesses privileged from, 593
when void-liability of officer for
detention,
examination of witnesses confined in
jails,...

.......

belief,..

530

interpreter may be employed,..... 591
564-5 CLAIMS. See Estates of Deceased Persons, 395
575-6 CLERKS of elections. See Elections,.. 776-782
county, duties of, in elections. See Elec-
774-792

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.........

594

........

how ordered and taken,..
persons present in court may be re-
quired to testify,.....
rights and duties-to attend pursuant
to subpoena,... . .

when must answer-what he may
not answer,

593

liability for disobeying subpoena,.
for refusing to be sworn or con-
tempt,
where proves to be a party,... 592
failing to attend may be arrested,
etc.,....
subpana-what may require,.......
when and by whom issued, and
how served,....

592
service on persons concealed,. 592
disobedience to, how punished,.. 593
who may be and who may not be wit-
590-1
attorney or counsellor-public of-
ficer,...

nesses,..

clergyman or priest-physician or

surgeon,

husband and wife,.

judge or juror,

proceedings when judge a wit-

ness,...

tions,.

See County Clerks.
compensation of. See Comptroller, 74, Trea-
surer, 76, Secretary of State,.. 78-9
bonds of, of supreme court, county, district,
probate and sessions. See re-
spective titles.

fees of. See title Fees.

to collect tax on successions. See Revenue, 679
COASTING VESSELS, when to be licensed
for piloting,..

coasting within this state, not liable to
pilotage,...
96, 183
exception where services performed,.. 96, 183
COAST SURVEY, U. S., act relating to,... 345
persons engaged in, allowed to enter on
lands of this state,........ 345
damages, how adjusted,.

345
346

magistrate to file report with clerk,....
if report objected to, trial to be had next
term,
damages may be tendered,
magistrates' costs, how taxed,
COFFEE HOUSES to be licensed,....
COINING OF MONEY by individuals, act
to regulate,....
210-211
Liability of persons making coin,........ 210
for refusing to redeem coin,

210
for not stamping date on coin,...... 210
uttering coin of less than nominal
593
value,...
210-211
591 COLLECTORS, county, how furnished with
blanks, etc.,. . . . .
83
of taxes, to give receipt and keep account, 223
to file account with treasurer,.
penalty for using or changing funds,..... 223
foreign miners' tax. See Foreign Miners,

223

593
593

592

592

CIVIL CASES, (Continued.)

Witnesses, effect of interest or religious

592
593

591

591
591

591

..........

591

.......

.....

94

.......

346

346

346

672

218-222
COLLEGES incorporation of,...... 162-164
supreme court may incorporate,.
162
163
by instrument under seal,..
163
record of incorporation to be made,
Trustees, property of college to vest in,.... 163
number of, and quorum,
shall be a corporation,.
style of, etc.,

163
163
163

COLLEGES, (Continued.)

163-4

Trustees, powers and duties,.
diplomas granted by,.
COLUSI, boundaries of. See Counties,..... 837

164

879-880

supervisors abolished in,...
COMMANDER IN CHIEF.

....

793-808

COMMISSIONERS to sell state property. See
Property of State,
767
of common schools. See Common Schools, 883
to take testimony, fees of. See Fees in

Office,

724, 731
911

....

of state prison. See State Prison,
of partition. See Estates of Deceased Per-

sons,...

....

See Militia,

........

414-418
for taking depositions. See Criminal
Cases,
495-498
See Civil Cases, title depositions, 597
of pilots. See Pilots,
88-95
to appraise property taken by cities. See
Cities,.
of deeds, appointment of. See Deeds, 109-10
of emigrants. See Passengers, etc., 229-30-31
of internal improvements. See Surveyor
General,
COMMITTEES. See Inspection of Public

104

Documents,...

73-6-8, 83
83

..........

of legislature, to cancel warrants,

......

....

....

.......

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190

..........

etc.......
to examine teachers, grant and revoke
certificates,
to employ teachers and fix their salaries, 886|

886

886

[COMMON SCHOOLS, (Continued.)
Commissioners of common schools, to expel
pupils when necessary,

to visit schools quarterly,..

to keep record of official acts,.

to report annually to superinten-
dents,...

to deliver papers, books and docu-
ments to successors,..
may divide schools into primary, sec-
ondary and grammar schools, 893
Common Council of cities, duties and pow-
ers,
may levy tax for school purposes,.... 891
to provide for collection and disburse-
ment of moneys,..
... 891-2
to draw school money from county
treasury,

891

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to provide examination of teachers
and regulation of schools,.... 892
to provide for appointment of board
of education,....

to ordain necessary rules and regula-
tions concerning schools, ...... 892
Common school fund, warrants for school
lands to be paid into,..
884
state treasurer to keep account of,... 884
not to be diverted to any other use,.. 884
county tax school fund how appro-
priated,
889
County superintendent, to be assessor of
county,....
884

........

887

892

....

892

to appoint commissioners in certain
884, 892
884

cases,......
compensation for services,..
may aid and counsel commissioners,
teachers, and marshals,.... 887
may distribute blank forms, laws and
instructions,.

may draw warrants on county trea-
surer for certain accounts,... 887
may appoint school commissioners in
case of vacancy,

887

887

to keep records and files which shall
be delivered to successor,....
to report annually to superintendent
of public instruction,.
County treasurers, duties of,.....

888
888

to receive and keep school moneys,.. 888
to notify amount to be paid each dis-
trict,..
888
to pay school moneys on warrant of
superintendent,...

888-9

888

COMMON SCHOOLS, (Continued.)

County treasurers, to make annual report of
receipts and disbursements of school

COMPLAINT before magistrate. See Crim-
mal Cases,....
COMPOUNDING offences.
Cases,....

moneys,..

... 889
Printing, how executed and at what price, 894 COMPROMISE of offences. (See Criminal
School marshal, mode of appointment and
Cases, 510.) Crimes and Pan-
ishments,..

duties,

883
884

compensation for services,.

to take census of children annually, 885
School moneys, to be paid to county trea-
surers annually,....

offer of defendant, and proceedings,
COMPTROLLER. See State Comptroller, 72–74
and treasurer, act concerning,.
liable to impeachment,..

361
430

883
883-4

mode of payment and vouchers..
to be apportioned among districts,... 888
school must be taught three months to

Warrants of, act for redemption of, (See
pp. 73 and 82,)... 222-223
to be received for state dues,-except, 222-3
duties of sheriff under. See Public

Funds,....

223

entitle districts to,.......... 888
to be distributed to pay teachers only, 889
Superintendent of public instruction, duties of, 889 act to amend act for redemption of,.. 931
to publish forms and instructions for
exceptions to receipt of, for taxes,... 931
teachers, etc,
889-90 amount which must be paid in money, 931
to disseminate by letters, lectures and CONCERTS, to be licensed,.
interviews, etc.,..
890 CONFESSIONS of judgment. See Civil Cases, 587
to correspond with boards of education CONSIGNED GOODS, liable to tax. See
in other states,...
Revenue,....
682-685
to supervise normal and high schools, 890 CONSPIRACY overt acts to be alleged and
to apportion school moneys and draw

672

890

proved,.....

warrant on state treasurer.... 890
to report to legislature annually,.. 890-1
to print and distribute reports,.
891
to recommend uniform school books, 891
expenditures to be paid out of state

See Crimes and Punishments,..
CONSTABLES to be peace officers,.
act to prescribe duties of,..
to take oath and give bond,.
bond to be filed and recorded,

469
658-9
437
194-5
194
194

to attend justices' courts and execute writs, 194
to serve summons and how,.

616
617
620-22

......

....

treasury,..
Teachers must be employed by competent
authority,
893-4
must have certificate of competency, 893-4
must report to superintendent of pub-
lic instruction,..
state convention of, may be holden
annually,....

.....

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891

....

894

894

894

884

884

884

889

COMMUTATION for military services. See
Militia,...
COMPENSATION for military services. See
Military services,........ 328-330

797

See Criminal

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436

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456

when to arrest defendant,..

duties in action of replevin,....

in case of appeal, may retain property to
pay costs,.....

to serve notices in all courts,..
where duties not prescribed, laws for sheriffs
apply,......

not to practice as attorneys,

duty in respect to wrecks and wrecked
property,....

to serve warrant issued instead of habeas
corpus,.......

duties under act respecting fugitives. See
Fugitives from Labor,.

when set off into new township,..
election of, in cities and towns,..

232-3
243
239-40

certificate and oath of office,...... 243-4
vacancy in office of. See Vacancies in
Office,.
.244-7
to serve process under habeas corpus act, 167-173
fees of. See title Fees in Office.

658

590

633
194

194

195

136-9

172

CONSTABLES, (Continued.)

195

Conservators of peace in their respective
townships,.
Liabilities of, for failing to return process,. 194
of, for neglecting to levy and sell

195

195

on execution,
for neglecting to pay over money,... 195
for wrongful acts, or neglect,..
CONTEMPTS and punishments therefor. See
Civil Cases,...
CONTESTED ELECTIONS. See Elections,

605-6, 630

.......

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

778-792
CONTINUANCE of criminal actions,...... 500
CONTRACTS, fraudulent and void. See
Fraudulent Conveyances, etc.,
199-203
certain must be in writing. See ibid., 200-202
act to prohibit officers from interest in,.
of deceased persons may be sold,.
marriage. See Marriage Contracts,
CONTRACTOR and material man. See Me-
chanics' Lien,
808
CONTRA COSTA, boundaries. See Counties, 830
CONVEYANCES, act concerning. (See Es-
tates of Deceased Persons, 406)

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

time defined,.

513-519
518
513
513

may be made by deed,

of wives' estate, how made,.
of real estate, to be acknowledged,...... 513
must be recorded to bind third parties,... 517
recorded, impart notice to subsequent pur-
chaser, etc.,...
not recorded, void against subsequent bona
fide purchasers,
by person not having legal estate, passes
after acquired title, .......... 518
heretofore made, to be recorded and be

valid,...
Acknowledgment to be made of all convey-
ances of real estate,.

by whom to be taken,..

officer taking, to grant certificate of,.
person making, to be known to the
officer,
of married women may be taken,.... 516
married woman must be known to of-

513

........

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......

...

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

331
403
812

517

517

519

ficer,
to be examined apart from her
husband,
Certificate of acknowledgment to be en-
dorsed,
what to state and form of,.......... 514|

513

513

513
513

516

516

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man,....

516
of acknowledgment, may be rebutted, 518
of payment of mortgages, to be re-
corded,..
mortgagee refusing, penalty,.

518
519

Covenants of married women when binding, 516
Claimants out of possession may convey
interest claimed,..
518
Deed duly acknowledged may be read in
evidence,

517
lost, transcript of may be read,...... 517
proof of contested, etc., not to be re-
ceived in evidence,..
Execution of deeds, proof of by subscribing
witnesses,

.......

.....

....

....

514

514
proof of handwriting, when taken,... 515
certificate of such proof when granted, 515
married women may convey real estate,
513, 516
Mortgages recorded, discharged, by entry
in the margin,...

518

by certificate of pay't of mortgagee,.. 518
penalty of mortgagee refusing certifi-
cate of discharge,
Real Estate definition,...
Powers of Attorney to sell real estate to be
recorded, etc.,...
when to be revoked,.

CONVEYANCES, fraud in making, etc. See
Fraudulent Conveyances and
Contracts,
199-203
certain must be in writing. See ibid., 200-201
CONVICTS, importation of to this state,
act to prevent,.
183-184
felons not to be imported,.
183
or persons under sentence of death,etc.,
184
except for treason,.
penalty for, and application of penalty, 184
CONVICTION former, bar to indictment, 461
bail allowed after, in certain cases,...... 487
not had on evidence of accomplice only, 470
judgment of, effect of. See Criminal Cases, 477
CORONERS, act concerning,... .195-199
to take oath and give bond. (See Official
Bonds, 97, 99,).

...

514

515

515

518

519
518

517
517

195

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