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JUSTICES' COURTS, Continued.

in writ of replevin, 559.
on release of writ of replevin, 561.
on indemnity to officer when property claimed by third person, 565.
on obtaining adjournment of cause, 585.
Variance, between proof on trial and allegations in pleading, 579.
Venue. See TRANSFER.
Witness, when Justice is material, in action when defendant arrested, 546.

L
LAW, issue of law, how defined, 151.

trial by the Court, conclusions of law and fact to be separately stated,

when, 180.
decision to be filed with the Clerk, 180.

for errors of, new trial to be granted, 193.
LEASEHOLD, subject to redemption, when, 229.
LEVY. See EXECUTION.
LIABILITY, joint and several, of defendants, how prosecuted, 32.

upon obligations and instruments in writing, 15.
of steamers, vessels and boats, 317.
confession of judgment to secure contingent liability, to state facts consti-

tuting, 375.

of officer arresting and detaining witness, 416.
LIBEL, how stated in complaint, 62.

what answer may contain, 63.
LIEN, of judgment, 202, 204, 207.

foreclosure of, 246.
in partition suits, 273.
holders of, to be made parties, 273.
to be notified to appear before referee, 274.
when on an undivided interest, 281.
holder may be ordered to exhaust other securities, 284.
when holder becomes purchaser, 298.

upon 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 affidavit, 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 first issue, 470.
time required to constitute due notice, 470.
writ not to be granted on a default, 470.
case to be heard even if adverse 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 by jury, 472.
order for 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.
par 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 not 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, 477.
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.
eball 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 referee for determination, 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, 647.

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 womnan may suc 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 conductel, 641.
MEMORANDUM, judgment creditor shall make, of costs and disbursements, 500

shall be veritied by party, 500.
attorney may verify the same, 500.
what veritication 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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