ADVERSE POSSESSION--continued:

easements; ownership of, never acquired by, 388, 389.
highways never acquired by, 389.

married woman affected by; exception, 563.
possession generally. See Possession.

railroad right-of-way never acquired by, 388.
recovery of land defeated by, 333, 382, 384.
seven years', under color, gives title, when, 382.
streets of towns never acquired by, 389.

thirty years', gives title, 380, 381.

twenty-one years', with color, gives title, 380, 381.
twenty years', without color, gives title, when, 384.

ADVERTISEMENT: See Notice; Publication.

administrator's, for claims against estate, 39, 40.
sale of land for assets, 81.

allotment of exemptions at request of debtor, 705.
corporation; decrease of capital stock, 1164.
cost of, allowed to sheriff, when, 2777.

creditors of decedent; notice to, by clerk, 107, 108.
crop sold after, when cropper abandons crop, 2056.

deed of trust; foreclosure sale after, 1042.

defacing or tearing down legal notice, misdemeanor, 3710.
elections; notice of, 2950, 2967.

entry of land, 1708.

of oyster grounds, 2377.

execution sale of property, 641.

gates; application to erect, across road, 2711.

guardian renting land, 1788.

lotteries; person advertising, misdemeanor, 3725.

malicious injury to any, a misdemeanor; proviso, 3709.

mechanic's sale of personalty to satisfy lien, 2017.

mortgage foreclosure sale, 1040, 1042.

officers' accounts and reports.

partnership dissolution, 2539.

See Publication.

process served by publication. See Publication.

restoration to citizenship, petition, 2677.

sales of property under execution, mortgage, etc., 641, 1040, 1042.
steamboat owner advertises as to draw bridge, 2699.

unclaimed freight, 2637.

stockholders' meeting to decide on dissolution, 1195.

stray animals, by register of deeds, 2833, 2835.

taxes; sheriff's notice of collection of, 2870.

sale for, 2890.

time of, computed how, 888.

warehouseman's, of sale for storage charges, 3036.

AFFIDAVIT:

accompanying book account, 1622.

account itemized, verified by, 1625.

administration letters; application for to be by, 26.

alimony pendente lite secured by, how, 1566.

arrest; to obtain order for, in civil action, 729.
counter affidavit to vacate order, 736.

attachment proceedings; must show what, 759.
bastardy warrant issued on, 252.

before whom made, 925-931.

certain affidavits irregular validated, 2363.

claim and delivery; must show what, 791.

claims against decedent's estate proven by, 91.
clerk's fee for taking, 2773.

AFFIDAVIT-continued:

commissioner of affidavits. See Commissioners of Affidavits.
continuance asked for by, 530-532.

counter affidavit filed, 532.

creditors' in proceedings supplemental to execution, 668.
deeds made prior to January 1, 1855, probated by, 981.
divorce; complaint in action for, accompanied by, 1563.
evidence, when, 3121.

injunction granted on, when, 810.

judgment debtor arrested on, when, 671.

lien for advances enforced by lienee filing, 2054.

mortgage in lieu of bond to be accompanied by, 270.

oysterman refused license to plant unless files certain, 2373.
pleadings verified by, 488-493. See Verification.

railroad directors must make, to secure charter, 2549.

referee appointed to take, of person refusing to testify, 875.
removal of causes by, 425-428, 1455.

taken by whom, 925-931.

trademark secured; affidavit necessary, 3014.

verifying pleadings by, 488-493.

will probated by, 3125.

AFFIRMATION: See Oaths.

AFTER-BORN CHILD:

See Verification.

action against decedent's estate; child may defend, when, 142.
devisee and legatee as to creditors of estate, 142.

inherits how, 1556 (r. 7).

share of, in ancestor's estate, 138-141.

no petition for, duty of representative, 143.

will not providing for, void as to, 3145.

AGED AND INFIRM: See Home for Aged and Infirm.

AGENT:

doing business as trader, etc., without showing principal; effect, 2118.
embezzling property of principal, 3325, 3403, 3406, 3408, 3487.

insurance; violating insurance law, 3482-3490.

companies doing business through. See Insurance.

mortgagee or trustee may appoint, to foreclose, 1035.

must pay taxes, when, 2862.

negotiable instruments; signature to may be made by, 2168.

effect of signing, as agent, 2169.

by procuration, 2170.

negotiating without indorsement; liabilities, 2218.

notice of dishonor of, given by agent, 2241, 2244.
process, of foreign corporation necessary, 1243, 1248.

railroad, making up passenger train wrong; misdemeanor, 3747.

AGE OF CONSENT:

marrying female under 14 years, misdemeanor, 3368.

rape, statutory, 3348.

AGREED CASE: See Controversy Without Action.

AGREEMENT: See Contracts.

AGRICULTURAL LIEN:

advances made cropper a lien, when, 2052, 2053.
lien must be written and recorded, 2052.
chattel mortgage as additional security; form of, 2055.

AGRICULTURAL LIEN-continued:

cropper abandoning crop; remedy, 2056.
crops seized and sold, when, 2054.

contest over proceeds, 2054.

enforced how, 2054, 2056.

form for, in certain counties, 2055.

landlord and laborer not affected by, 1993, 2054.
lien of landlord takes precedence over, 1993.
mortgagor in possession creates, how, 2053.
register of deeds keeps record of, 2057.

AGRICULTURAL TENANCIES:

See Landlord and Tenant.

ALCOHOLIC LIQUORS: See Liquors.

ALIENS:

foreign corporations may do business, proviso, 1193, 1194.
may enter land, when, 1692.

property rights of aliens, same as of citizens, 182.

sales of property by or to, validated, 183.

ALIMONY:

complaint in action for, accompanied by affidavit, 1563.
divorce from bed and board may carry, 1565.

amount limited to one-third of income, 1565.

feme covert lunatic entitled to, when, 1895.

granted without divorce, when, 1567.

husband failing to support wife must pay, 1567.
pendente lite, granted when, 1566.

husband entitled to notice of, when, 1566.

real estate granted as, writ of possession issued, 1568.
undertaking for costs not required in action for, 1558.
wife applying for proceeds of own labor before suing, 1563.
wife's affidavit accompanying complaint for, 1563.

ALMSHOUSE: See Home for Aged and Infirm.

AMENDMENT:

bail not discharged by, of process or pleading, 757.
condemnation proceedings, at any time, 2592.

corporate charters amended, how, 1248.

court proceedings amended, when, 507, 512, 513, 1467.

pleadings; amended once as of course, 505.

good cause shown, amendment allowed, when, 507, 1468.

material variance between, and proof ground for amendment, 515.

name of defendant inserted in, when learned, 510.

substantial amendment to; effect of, 508.

supplemental; allowed, when, 511.

variance between pleading and proof, amendment, 515, 516.

process amended when, 507, 1467.

statutes amended, construed how, 2832.

AMERCEMENT:

bond of officer liable to payment of, 2815.

clerk failing to issue execution on judgment liable to. 618.

constable; amerced for failing to endorse process, 3149.
failing to pay costs on execution to clerk, 640.
making no return or false return, 2817, 3604.
judgment nisi against officer, 2818.

AMERCEMENT-continued:

sheriff; amerced for failing to-
endorse process, 3149.

execute process, when, 2820.

furnish grand jury with names of liquor dealers, 2827.
make return of process, 2817.

pay over money collected, 2821.
allowing prisoner to escape, 3227.
farming out office, amerced, 2828.
making false return of process, 2817.

sureties of, liable for amercements, 2815.

ANIMALS:

cattle. See Live Stock; Quarantine.

contagious diseases; animals dying of; what done, 3298.
requirements of owners to prevent spread of, 3295-3297.
cruelty to, 3299, 3300-3302. See Crimes and Punishments.
deer, chasing, with dogs in certain counties, 3460.

dogs. See Dogs.

driving another's stock out of range, 3314.

estrays; person failing to comply with law of, 3306.
hogs. See Hogs.

horses; larceny of, 3505, 3509.

allowing stone-horse to run at large, 3323.

exhibiting stud or jack near religious meeting, 3705.

injury to, 3313, 3314, 3504.

killing stock in range and not showing hide, etc., 3315.
larceny of, 3501, 3504-3506. See Larceny.

live stock. See Live Stock.

mismarking, for fraudulent purpose, misdemeanor, 3317.

pedigree of breeding, falsely represented, misdemeanor, 3307.

poisoning, by leaving certain herbs exposed, misdemeanor, 3318.

railroads failing to construct cattle-guards, misdemeanor, 3753.

registration of high-bred live stock procured by fraud, misdemeanor, 3308.
selling meat of diseased, misdemeanor, 3442.

sold by game warden; purchaser's rights, 1870.

stock law. See Stock Law.

strays, 2833-2835. See Strays.

tolling stock into stock law territory, 3309.
turning out of stock law territory, 3322.
quarantine of live stock. See Quarantine.

ANNUITY:

present cash value of, what is, 1627.

ANSWER:

administrator's petition to sell land; heirs and devisees make, 74, 79.
amendments of. See Amendment.

bond of defendant before filing, when required, 453, 454.

condemnation proceedings; defendant's, 2584.

contains what, 477, 479, 481-483.

contested election case; undertaking required before, 835.

counterclaim set up by, 479, 481.

defenses set up by, may be several, 482.

demurrer to answer, 485.

filed when, 473.

gaming contract sued on; invalidity pleaded by, 1691.

guardian ad litem files, when, 407.

joint debtor summoned after judgment, files, 457.

judgment for want of, when, 556.

frivolous answer, plaintiff given judgment, 560.

ANSWER-continued:

justice's court; answer in, contains what, 1460.
libel and slander; answer may contain what, 502.
limitations, statute of, pleaded by, 360.

new matter in, taken as true, when, 503.

objection not taken by demurrer or, deemed waived, 478.
satisfaction of bond or judgment pleaded by, 1522.

sham, stricken out, 472.

statute of limitations set up by, 360.

time for filing, 473.

waiver of objection not taken by demurrer or, 478.

ANTI-JUG LAW:

place of delivery of liquors, place of sale, 2080.

selling liquors in prohibition territory, misdemeanor, 3518.
unlawfully procuring liquor for another, misdemeanor, 3534.

APPEAL, CIVIL ACTION:

action dismissed on demurrer to evidence, plaintiff takes, 539.
administration accounting compelled; order appealed from, 118, 119.
appellate court's judgment as to cost, 1279-1282.

case on appeal to supreme court, 591.

exceptions part of, 554.

how stated and settled, 591.

judge failing to settle, penalty, 591.
transcript of record contains, 592.

certiorari, writ of, as substitute for, 584.

clerk; appeal from, to judge on issue of law, 586, 610-613.
attorney entitled to be heard, 613.

condemnation proceedings; appeal from clerk, 2587.
contempt; no appeal in certain cases of, 939.

contested election; defendant appealing; stay bond, 842.
conveyance executed to stay proceedings on, when, 600.
corporation commission; appeal from, to superior court, 1074-1076.
superior court's decision on, to supreme court, 1077.
judgment finally affirmed, enforced how, 1080.

costs on, 1279-1282. See Costs.

when state appeals to U. S. courts, 1263.

county commissioners' decision as to roads, etc., appealed from, 2683, 2690.
defendant's from justice's judgment, cost bond given, when, 606.

dividing fence; valuation of, appealed form, 1666.

dismissal of; for lack of undertaking, 593, 596.

for failure to prosecute, when, 1543.

docketed by clerk, 591.

ejectment of tenant ordered; tenant takes, 2008.

execution stayed pending; how, 598-603. See Execution.
clerk enters on docket, 621.

perishable property sold, 598.

property litigated over deposited in court, 599, 600.
exemptions allotted by appraisers, appealed from, 691.
in forma pauperis, 597.

insane person's estate advanced to next of kin; appeal, 1906.
interlocutory orders; reviewed on, when, 589.

appeal from, alone, no judgment; opinion certified, 1544.
judge's findings appealed from, 542.

judgment of supreme court on, 605.

as to costs, 1279-1282.

justice's judgment appealed from; trial de novo, 607, 1491.
dismissal, when, 607.

does not stay execution, 1490.

heard on original papers, 609.