REFER TO SECTIONS.]

INSOLVENT DEBTORS, Continued.

who are fraudulent, p. 604.

who denied the benefits of the act, pp. 605, 606.
when fraud discovered after discharge, p. 606.
application cannot be made by attorney, p. 607.

after surrender, assignee vested with title to effects of, p. 607.
attorney may be appointed for absent creditors, p. 607.

second application for discharge, p. 608.

mortgages and liens not affected, p. 608.

entire estate to be delivered to assignees, p. 608.

disbursements by assignees, p. 608.

assignments not made under this act illegal, p. 609.

INSTRUCTIONS TO JURY, what instructions shall state, 165.

shall be furnished in writing to either party upon request, 165.
additional, may be given after jury have retired, 169.

INSTRUMENTS IN WRITING, subpoena may require witness to bring, 402
party may be ordered to give inspection and copy of certain, 446.
penalty for noncompliance with order, 446.

when evidence aliunde of contents of, may be given, 447.

when altered, party shall account therefor, 448.

INTEREST, real party in, to bring action, 4.

who may not be witnesses on the ground of, 392.

test of, which shall render witness incompetent, 393.

on verdict, to be included in judgment, 511.

as a disqualification of a person acting as Judge, p. 569.

INTERPLEADER, when a party defendant may apply to have a third person
substituted in his place, 658.

application shall be made on affidavit, 658.

defendant shall deliver the thing in dispute into Court, 658.

INTERPRETER, shall be sworn for a witness ignorant of the English language,

401.

INTERROGATORIES, direct and cross, may be annexed to commission to
take testimony, 434.

may be settled by Judge granting commission, 434.
witness shall be examined in answer to, 435.

See WITNESS.

INTERVENTION, definition of, 659.

who shall be entitled to make, 659.

may take place before or after causes joined, 660.
shall be by petition, stating grounds thereof, 661.
shall be served on parties to the action, 661.

shall be answered as if an original complaint, 661.

determination of, and costs thereon, 662.

IRREGULARITIES IN PROCEEDINGS, as ground for new trial, 193.
purchaser of real property, evicted on account of, may recover price paid,

237.

on failure to recover, judgment may be revived against debtor, 237.

IRRELEVANT MATTER, may be stricken from pleading, 50, 57.
ISSUES, of fact not raised by pleadings may be ordered to be tried by jury, 3.
defined and classified, 151.

of law, when they arise, 152.
of law, how disposed of, 154.

of fact, when they arise, 153.

of fact, how to be disposed of, 155.

of fact, decision on, when tried by the Court, 180.

of fact, trial by jury may be waived, how, 179.

if issues of law and fact, those of law to be first disposed of, 155.

reference may be ordered to try all the, 182.

causes shall be entered on calendar by date of, 156.

to remain on calendar until disposed of, 156.
either party may bring issue to trial, 157.
trial of, in actions against joint debtors, 373.
trial of, in applications for mandamus, 472.

JURISDICTION, Continued.

in pleading a judgment, facts conferring jurisdiction need not be stated, 59.
if controverted must be proved, 59.

See JUSTICES' COURTS.

JURORS, how drawn to try causes, 156.

number of, 159.

parties may consent to any number of, not less than three, 159.

substance of oath of, 160.

may be challenged by parties, 161.

on what grounds, may be challenged, 162.

may be discharged when sick, 164.

may make notes during the trial and use them during their deliberations, 167.
what is verdict of, 174.

affidavit of, to impeach verdict, 193.

may be witness, 400.

See JUSTICES' COURTS.

JURY, to try question of fact not in issue by pleadings, 3.

Sheriff may summon, in attachment where property claimed by third par

son, 131.

JUSTICES' COURTS.

Act, relating to, p. 526.

Actions, civil, to be brought in defendant's township, 535.

when may be brought elsewhere, 535.

venue of, in San Francisco, 535.

how commenced, 538.

Adjournment, when necessary by amendment of pleadings, 580.

when jury is demanded, 582.

for cause not exceeding ten days, 583.

for cause not exceeding four months, 584.

undertaking on, 585.

Affidavits, for publication of summons, 543.

on arrest of defendant, 544.

on attachment, 552.

in action to recover possession of personal property, 557.
for change of venue, 582.

on motion for adjournment, 583.

on application for new trial, 623.

Allegations, variance between proof and, when disregarded, 579.
Amendments, of defective pleading, 578.

when party entitled to costs on, 580.

Answer, when not incumbent on party to, 535.

in what cases township disregarded, 535.

to state ground of defense, 570.

when to be in writing or verified, 571.

when oral, 572.

must contain denial or set up counter claim, 574.

want of sufficient knowledge or information, 575.

to specifically deny genuineness of written instrument, 577.

Appearance, voluntary, of parties objection to, waives jurisdiction, 537.

Appeal, to County Court, when heard on statement; when tried anew, 366.
orders, etc., may be reversed; new trial how conducted, failure to prosecute,
367.

how taken; within what time; statement on notice, 624.
statement and amendments to be settled by Justice, 625.

when new trial to be had, 626.

duty of Justice on receiving notice of; payment of fees, 627.
undertaking on, 628.

stay of proceedings on, 629.

Arrest, of defendant, when and in what cases, 544.

undertaking on, 545.

undertaking of defendant, 550.

defendant may give bail, 549.

judgment on, to be rendered immediately, 594.

REFER TO SECTIONS.]

JUSTICES' COURTS, Continued.

judgment on, when defendant subject to, must so state, 597.
when contempt committed, 617.

Attachment, in what cases to issue, 551.
undertaking on, 553.1

undertaking on release of, 554.

Attorney, who may act as; Constable not to act as, 534.
Blank, not to be left in any paper except subpoena, 611.
Challenge, to jurors, for cause, to be tried by Justice, 590.
cause of, 162.

Claims, to recover possession of personal property, 556.

undertaking on, 559.

defendant may require return of property on giving bond, 561.
of third persons to right of possession of, 565.

Commission, may be issued, 620.

Complaint, shall state cause of action, 570.
when to be in writing and verified, 571.
when oral, to be entered in docket, 572.
to state facts plain and direct, 573.

when on a note or written obligation, 577.
Compromise, offer of, and acceptance, 596.

Concealment, of defendant to avoid service of process, 543.

of personal property, 563.

Confession of judgment, may be entered, 536.
Contempt, punishment for, by Justice, 616.
Corporations, service of summons on, 542.

Costs, shall be added to amount of verdict, 598.

in case of dismissal judgment to be entered therefor, 598.
prevailing party entitled to, 631.

Justice may demand deposit for, 634.

Counter claim, may be set up in answer, 576.

Debtors, examination of judgment, 602.

Default, of plaintiff, dismissal of action, 586.

of defendant, judgment on proofs, 586.

of defendant when action on written instrument, judgment to be entered,

592.

Defendant, to be addressed by name, 540.

to be personally served, 542.

where taken upon arrest, 546.

may demand immediate trial, 549.

may be discharged by action of plaintiff, 549.

may be released on giving bail, 550.

Demurrer, to pleadings or part thereof, 578.

Dismissal, of action without prejudice, 591.

Disobedience, to a lawful writ, order of process, 616.

Docket, to be kept by Justice, what must contain, 604.

shall be primary evidence, 605.

alphabetical index to, 606.

Evidence, written instrument or copy may be used on trial, 576.

original written instrument may be ordered to be produced, 576.

Exceptions, of defendant to sufficiency of sureties, 560.

Excess, of amount found due may be remitted, 595.

Execution, may issue within five years, 600.

shall issue to Constable or Sheriff, 601.

how executed, 602.

Forcible entry and detainer, fine for, p. 577.

Justice has authority to inquire into and make restitution, p. 581.

complaint to be in writing, p. 582.

summons to be served not less than two nor more than ten days before
return, p. 582.

special return of service, p. 582.

complaint may be heard by Justice unless jury demanded, p. 582.

jury may be demanded, p. 582.

JUSTICES' COURTS, Continued.

service upon absent defendant, p. 582.

adjournment not exceeding ten days may be had, p. 583.

adjournment not exceeding three months on giving bond, p. 583.
testimony of witness as in other cases, p. 583.

what complainant need show, p. 583.

what defendant may show, p. 583.

question of title to land Justice has no jurisdiction, p. 584.

when judgment of restitution ordered, p. 584.

fine not exceeding one hundred dollars may be imposed, p. 584.

costs to be taxed and execution therefor, p. 584.

when jury cannot agree, p. 584.

damages shall be assessed, p. 584.

when persons hold over after termination of time of letting, p. 585.
persons in possession one year after termination of lease, p. 587.

jurors or witnesses failing to appear shall pay fine not exceeding twenty
dollars, p. 587.

either party may appeal within ten days upon giving bond, p. 587.

appeal to stay proceedings and cause to be tried anew, p. 588.

party in possession shall retain the same until appeal is determined, p. 589.
appellate Court not to dismiss appeal for want of form, p. 589.

amendments may be allowed, p. 589.

forms to be used, pp. 589, 590.

Garnishment, sections applicable thereto, 555.
Guardian, Justice shall appoint, 539.

consent of, to be in writing, 539.

Infant, how served with process, 542.

Insane person, how served with process, 542.

Joint debtors, judgment to be entered against, 594.

Judgment, transcript of, may be filed and docketed with the County Clerk, 599.
time of receipt of such transcript to be noted, 599.

Jurisdiction, of, in cases of joint contract and liability of parties, 535.

of, in cases of injury to person or property, 535.

of, in cases of detention of or damages for personal property, 535.
of, in cases of foreclosure of mortgage or lien, 535.

upon personal property, 535.

Jurors, to be citizens of township or city and not bystanders, 587.
may be challenged, peremptory or for cause, 590.

Jury, trial by, when to be demanded, 587.

how empanneled; to consist of not less than three, 588.

Justification, of plaintiff's sureties, when excepted to, time for, 560.
of defendant's sureties, when excepted to, tiine for, 562.

of plaintiff's sureties when properly claimed by third party, 565.
Lien, judgment created by filing transcript with County Clerk, 599.
Mail, service made by, 543.

Mines and mining, pleadings shall be in writing, 571.

must be verified, 571.

verification may be by agent or attorney, 571.

proof of customs, etc., shall be admitted, 621.

customs, usages or regulations must be established and in force, 621.

must apply to the particular claim, 621.

customs, usages and regulations shall govern decision of action, 621.

such customs, etc., must not be in conflict with Constitution and laws of
this State, 621.

a receiver may be appointed, 651.

application to be made by party out of possession, 651.

notice to adverse party, 651.

parties may agree upon a person, 651.

receiver shall take an oath, 651.

Justice to put receiver appointed into possession, 651.

shall have power to issue written order, 651.

to whom directed, 651.

receiver shall remain in possession until action determined, 651.

REFER TO SECTIONS.]

JUSTICES' COURTS, Continued.

judgment on, when defendant subject to, must so state, 597.
when contempt committed, 617.

Attachment, in what cases to issue, 551.

undertaking on, 553.

undertaking on release of, 554.

Attorney, who may act as; Constable not to act as, 534.
Blank, not to be left in any paper except subpoena, 611.
Challenge, to jurors, for cause, to be tried by Justice, 590.
cause of, 162.

Claims, to recover possession of personal property, 556.
undertaking on, 559.

defendant may require return of property on giving bond, 561.
of third persons to right of possession of, 565.

Commission, may be issued, 620.

Complaint, shall state cause of action, 570.

when to be in writing and verified, 571.
when oral, to be entered in docket, 572.

to state facts plain and direct, 573.

when on a note or written obligation, 577.

Compromise, offer of, and acceptance, 596.

Concealment, of defendant to avoid service of process, 543.

of personal property, 563.

Confession of judgment, may be entered, 536.
Contempt, punishinent for, by Justice, 616.
Corporations, service of summons on, 542.

Costs, shall be added to amount of verdict, 598.

in case of dismissal judgment to be entered therefor, 598.
prevailing party entitled to, 631.

Justice may demand deposit for, 634.

Counter claim, may be set up in answer, 576.

Debtors, examination of judgment, 602.

Default, of plaintiff, dismissal of action, 586.

of defendant, judgment on proofs, 586.

of defendant when action on written instrument, judgment to be entered,

592.

Defendant, to be addressed by name, 540.

to be personally served, 542.

where taken upon arrest, 546.

may demand immediate trial, 549.

may be discharged by action of plaintiff, 549.

may be released on giving bail, 550.

Demurrer, to pleadings or part thereof, 578.

Dismissal, of action without prejudice, 591.

Disobedience, to a lawful writ, order of process, 616.

Docket, to be kept by Justice, what must contain, 604.

shall be primary evidence, 605.

alphabetical index to, 606.

Evidence, written instrument or copy may be used on trial, 576.

original written instrument may be ordered to be produced, 576.

Exceptions, of defendant to sufficiency of sureties, 560.

Excess, of amount found due may be remitted, 595.

Execution, may issue within five years, 600.

shall issue to Constable or Sheriff, 601.

how executed, 602.

Forcible entry and detainer, fine for, p. 577.

Justice has authority to inquire into and make restitution, p. 581.

complaint to be in writing, p. 582.

summons to be served not less than two nor more than ten days before
return, p. 582.

special return of service, p. 582.

complaint may be heard by Justice unless jury demanded, p. 582.

jury may be demanded, p. 582.