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JUSTICES' COURTS. Canud.

in is of per lerin, 559.
on ni'uuf writ of revin, 561.
or: - **viy to carreroined he third person, 563.
onzalemcoviin.
Prz, oa tris admitico in pealing. 579.
Vore. S TRANSFER.
Wines, wien Justice is material, a series Itea laa: arreste i, 546.

L
LAW, issde of law. bow den, 151.

trily the Coari, cossos of law api iact to be separatels statel,

ben, IN).
da ison :o be filed with the Cerk, 190.

orem n of, new trial to be : 1, 193.
LEASEHOLDsurjeet so reddenpea, whea, 229.
LEVY. See EJECUTION.
LLABILITY, joint and sereral, of defendants, bow proszuted, 32.

upon odli nations ard instuments in writing, 15.
of steamers, ressels ani loats. 317.
confession of julgnent to see are contingen: liability, to state facts const-

atin, 375.

of om er arresting and detaining witness, 416.
LIBEL, bow stated in compar, 62.

wat aaswer mar contain, 63.
LIEN, of jadgment, 202, 2014, 207.

foreclosure of, 246.
in partition suits, 273.
holders of, to be male parties. 273.
to he potisd to appear before referee, 274.
when on an undir del interest, 291.
hoder may be ordend to extaust other securities, 254.
when holder becomes purchaser, 238.

apon vessels, 317.
LIMITATION, of action on causes arising out of this State, 532.
LIS PENDENS, notice of, what to contain, 27, 207.

effect of, 27, 207, 267.
where filed, 27, 267.

M
MANDAMUS, writ of, how denominated, 466.

by whom issued, 467.
to whom issued, 467.
who may not issue it, 467.
its object and province, 467.
in what cases it shall issue, 468.
shall issue upon attidavit, 468.
party beneficially interested to make the application, 468.
writ shall be alternative or peremptory, 469.
alternative shall state allegation, 469.
shall command party to perform the act required, or show cause, 469.
peremptory writ, 469.
order to show cause omitted, 469.
return day shall be inserted, 469.
when application is made without notice, alternative writ shall issue, 470.
upon application after notice, peremptory shall tirst issue, 470.
time required to constitute due notice, 470.
writ not to be granted on a default, 470.
case to be heard even if alverse party be absent at the hearing, 470.
adverse party may show cause on return of alternative, 471.
answer under oath, 471.

REFER TO SECTIONS.)

MANDAMUS, Continued.

question of fact may be tried hy jury, 472.
order för jury discretionary with "Court, 472.
argument to be postponed, 472.
verdict to be verified to Court, 472.
question to be distinctly stated in the order, 472.
county to be designated, 472.
order may direct jury to assess damages, 472.
applicant may introduce proof on trial, 473.
either party may move for a new trial, 474.
statement required, 474.
motion for new trial, 474.
before whom brought, 474.
when to be brought, 474.
apon new trial, jury to be summoned, 474.
within what time, 474.
parties may agree upon time, 474.
jury to try issue, 474.
when new trial shall not be had, 474.
Clerk to transmit certitied copy of verdict, 475.
to whom it shall be transmitted, 475.
within what time, 475.
either party to bring on argument of application, 475.
notice to be given to adverse party, 475.
when no answer made, case heard on papers of applicant, 476.
answer pot raising question of fact may be tried without jury, 476.
answer explained or avoided by reply, 476.
Court to grant time for replying, 476.
discretionary with the Court, 476.
answer and reply raising questions of law only to be heard by Court, 476.
statements not affecting the substantial rights of parties may be heard by

the Court, 476.
Court may fix time for the argument, 476.
applicant shall recover damages sustained, 477.
jury may find such damages, +77.
Court or referee may determine said damages, 477.
reference may be ordered, 477.
costs shall be allowed, 477.
execution may issue, 477.
peremptory mandate shall be awarded, 477.
writ, how served, 478.
Court may direct mode of service, 478.
fine for disobedience to peremptory writ, 479.
party persisting in disobedience to the writ, may be imprisoned, 479.
Court may make orders for enforcement of writ, 479.
fine against any Judge or officer drawing salary from the State or county

may be drawn from said salary, 479.
certified copy of order to be forwarded, 479.
to whom sent, 479.
amount to be retained, 479.
willful disobedience or misdemeanor in office, 479.
writ may issue in vacation, 653.
returnable in vacation, 653.

may be heard during vacation, 653.
MARINER, person employed as, may attach, 329.

shall file an affidavit, 329.
shall specify amount and particular service rendered, 329.
undertaking to discharge attachment must cover amount claimed and other

requirements, 329.
execution shall direct the application of proceeds of sale, 329.
shall pay amount of claims tiled or determined, 329.
Clerk shall insert amount in writ, 329.
shall pay judgment, costs and Sheriff's fees, 329.

MARINER, Continued.

balance to be paid to owner, etc., who appeared, 329.
when no appearance, balance to be deposited in Court, 329.
claim not contested shall be deemed admitted, 330.
time allowed for contesting, 330.
if contested, Clerk shall so indorse upon affidavit, 330.
Clerk shall indorse thereon ground of contest, 330.
Clerk shall order matter to a single refiree for deterinination, 330.
Clerk may hear proofs and determine himself, 330.
judgment of Clerk or referee may be reviewed, 330.
by whom reviewed, 330.
when to be reviewed, 330.
judgment of County Judge final, 330.
County Judge may use minutes of Clerk or referee, 330.

may take proof anew, 330.
MARK, in signature, 6+7.

when, is good, 647.
name to be written, 647.
shall be witnessed, 647.

witness shall write his own name, 647.
MARRIED WOMEN, when husband shall be joined, 7.

when married woman may sue alone, 7.
when she may sue and be sued alone, 7.
when she may defend for her own right, 8.
her husband not to be witness against her, 395.
wife not to be witness against her husband, 395.
neither to be examined as to any communication between each other during

marriage, 395.
neither to be examined after marriage, 395.
either party may consent to such examination, 395.
consent not necessary in action by one against the other, 395.
testimony of husband and wife to establish marriage may be taken and per-

petuated, 438.
MASTER OF VESSELS, may appeal from order and judgment, 332.

owner, agent or consignee may appeal, 332.
MATTER, redundant, may be stricken out, 57.

irrelevant, may be stricken out, 57.
by whom to be stricken out, 57.
how to be stricken out, 57.
person aggrieved may make motion, 57.

See New MATTER.
MAYORS' COURTS, organization act, p. 567.

what actions may be brought, how commenced, 636.
when returnable, 637.
defendant's plea may be oral or in writing, 638.
when trial shall be by Court or jury, 639.
appeal may be taken to County Court, 640.

proceedings, how conducted, 641.
MEMORANDUM, judgment creditor shall make, of costs and disbursements, 500.

shall be verified by party, 500.
attorney may verify the same, 500.
what verification shall state, 500.
to whom delivered, 500.

within what time, 510.
METES AND BOUNDS, shall be described in complaint, 58.

action, when necessary, 58.
survey and measurement may be ordered, 258.
for what purpose, may be allowed, 258.
who may grant the order, 258.
motion for order to survey, 258.
who may make motion, 258.
notice required, 258.
party may enter upon property under order, 258.

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METES AND BOUNDS, Continued.

order shall describe property, 259.
copy of order shall be served on owner or occupant, 259.
surveyors and assistants necessary may enter upon property, 259.
may make survey and measurement, 259.

party liable for unnecessary injury, 259.
MINES AND MINING CLAIMS. See Justices' Courts.
MINISTER, of United States shall take affidavit, 426.
MINOR. See INFANT.
MISJOINDER, of parties, to be demurred to, 40.

of causes of action, to be demurred to, 40.
MISTAKE, in name of party may be corrected, 68.

in other respects may be corrected, 68.
terms may be imposed, 68.
party may be relieved of judgment, order, etc., taken against him, 68.

costs to be paid, 68.
MODIFICATION, of verdict, may be made, 172.

when it may be done, 172.
under whose advice it may be done, 172.
jury may be sent out to bring new verdict, 172.
of award, 387.
by whom done, 387.
motion requisite, 387.
may be made if there be a miscalculation of figures, 387.
mistake in description of person or property, 387.
when award if made upon matters not submitted, 387.
when it could have been amended if it had been a verdict, 387.

N
NAME, of parties, pleadings may be amended as to, 68.

of defendant, when plaintiff is ignorant of, 69, 540.
NEGLIGENCE, relief from judgment taken through excusable neglect, 68.
NEW MATTER, answer may contain, constituting defense, 46.

plaintiff may demur to sufficiency of, 50.
shall be taken to be controverted on trial, 65.
issue will arise upon, 153.

if adverse party testify to, not responsive, 421.
NEW TRIAL, detinition of, 192.

immaterial exceptions disregarded on motion for, 188.
report of Judge or referee deemed excepted to on motion for, 191.
when motion for, will be granted, 193.
irregularity in the proceedings ground for, 193.
abuse of discretion ground for, 193.
misconduct of jury ground for, 193.
accident or surprise ground for, 193.
newly discovered evidence ground for, 193.
excessive damages ground for, 193.
insufficiency of the evidence to justify the verdict ground for, 193.
error in law ground for, 193.
application for, how made, 194.
when notice of motion for, 195.
time for filing affidavit or statement, 195.
settlement of statement, 195.
adverse party may use counter affidavits, 195.
application for, to be made without delay, 196.
appeal may be taken from order granting or refusing, 336, 347.
County Court may order, 367.

on application for mandamus, 474.
NONRESIDENT, where to sue or to be sued, 20.

affidavit for publication of summons against, 30.
service of summons on, 31.
Court may appoint attorney to appear for, 31.

NONRESIDENT, Continued.

verification of pleadings, when a party is, 55.
property of, may be attached, 120.
pro of claim after detault of, 150.
judgment by default against, may be opened, 68.
service of summons on, in partition suits, 269.
investment of funds of, on sale in partition suits, 300, 303.
may be required to give security for the costs, 512.
sureties on costs-bond shall justify, 513.
if security be not given, action may be dismissed, 514.

service of papers on, after appearance, 524.
NONSUIT, when judgment of nonsuit may be entered, 148.
NOTES. See PROMISSORY Notes.
NOTICE, plaintiff may tile lis pendens in actions concerning real estate, 27, 267.

of motion for new trial to be given, when, 195.
within what time statement on motion for a new trial to be filed after, 195.
to be given of settlement of statement, 195.
of motion, what time necessary, 517.
service of, on party resident, 520.
service of, by mail, 521, 522.
detendant entitled to notice of proceedin.rs after appearance, 523.
service of, when party is nonresident, 524.

service of, shall be upon attorney, 524.
NUISANCE, what is a, 249.

action for, who may bring, 249.
judgment in action for, 249.

O
OATHS, who may administer, 413.

how a person sworn, 443.
affirmation, how given, 445.
arbitrators may administer, 383.
person may make affirmation instead of, 445.
false affirmation is perjury, 445.

See AFFIDAVITS; SCRETIES.
OBJECTIONS. See ANSWER; DEMURRER; EXCEPTIONS ; Justices' Corrts.
OFFER, of defendant to allow judgment to be taken against him, 390.

how accepted by plaintiff, 390.
deem withdrawn if not accepted, 390.
not to be given in evidence, 390.

See JUSTICES' COURTS.
OFFICE, action may be brought for usurping, 310.

Attorney General to bring action for usurping, 310.
defendant may be arrested for receiving fees belonging to, 311.
how usurper of, may be discharged from arrest, 311.
damages for usurpation of, 314.
usurper of, may be fined and excluded from, 315.

action may be had against several claimants of, 315.
OFFICER, PUBLIC, action against, where tried, 19.

action against person aiding, where tried, 19.
action touching any official duty of, where tried, 19.
action touching any act done in virtue of office, where tried, 19.
how judgment or determination of, pleaded, 59.
may be arrested for embezzlement, 73.
may be arrested for fraudulently applying money, 73.
may be arrested for converting money to his own use, 73.
not to be examined as a witness in certain cases, 398.
may order subpæna to be served by a Sheriff on concealed witness, 405.
issuing subpoena may issue warrant for arrest of witness, 411.
when not liable to witness arrested, 416.
authorized to take testimony or decide upon evidence may administer

oaths, 443.

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