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INDICTMENTS—Continued.

Indictments to be preferred within the first three days of the

term,

Prosecutor's name to be indorsed,

For perjury and subornation of perjury, how framed,
For gaming under act of 1828, how framed,

Copy of indictment to be furnished the accused in capital cases
two entire days before trial,

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May be preferred in the county where the death happens,
although cause of death occurred elsewhere,

Where to lie, if blow, &c. given in the state and death occur out
of it, and vise versa,

Where to lie for larceny of goods stolen out of the state,
Legal error not to bar a second trial,

Indictments to lie in all cases where presentments will,
Need not contain the words

66

force and arms" "against the
peace," or "contrary to the form of statute,"
Indictment shall be the mode of proceeding against public offi-
cers, where the law prescribes no specific remedy,
On plea of guilty, jury to be empannelled to assess the fine,
INDORSERS.

118

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123

118

213

119

ib.

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May be sued by indorsee,

329

Shall be discharged if indorsee does not sue maker to first court,
when the sum is over $50,

330

Shall be discharged when sum or balance does not exceed $50,
unless indorsee sues maker within thirty days after assign-
ment or maturity of instrument, or within five days after
notice to sue given by the indorser,

ib.

On return of "no property" on execution against the maker,
suit may be commenced against the indorser, and return to
be evidence of insolvency,

ib.

Indorser, in Bank of the State or any of its branches, paying
after protest for nonpayment, entitled to the bank's remedy
against the previous parties,

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Motion may be made in the county where the defendant
resides, or that in which the bank is located,
INFANTS-See" County Court," "Guardians," and "Minors."
INFANTRY-See "Militia."

IN FORMA PAUPERIS.

Poor persons shall be allowed to sue in forma pauperis,
INHERITANCE-See" Descents."
INJUNCTIONS.

May be issued by the judges of the supreme court,
by the judges of the circuit court,

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May lie on judgments at law, on gaming contracts,

Bills for injunctions must be sworn to,

His remedy against the sheriff for failure,

Party obtaining injunction, shall have his money refunded by
the sheriff,

Court shall hear motions each term for dissolution of injunc-

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tions,
Injunctions may for good cause, be dissolved, at next term
after granted,

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Party applying for an injunction, shall file a release of errors,
On interlocutory order, dissolving injunction, and setting the
bill for a hearing, defendant shall give a refundiug bond, be-
fore receiving the money,

ib.

INJUNCTIONS—Continued.

On perpetuation of an injunction, refunding bond to have the
effect of a judgment, and execution may issue,

All bonds given on obtaining injunctions, to have the force of
judgments on their dissolution,"

INOCULATION.

For the small-pox, under what restrictions allowed.
INQUIRY OF DAMAGES.

To be awarded on interlocutory judgments, and executed at the
next term,

291

ib.

352

268, 276

On demurrer overruled, inquiry may be had at the same term,
unless it be return term,

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On judgment by default at next term after declaration filed, or
in vacation, writ may be executed same term,
How tried on assignment of breaches, in suits on penal bonds,
INQUISITION OF CORONER-See "Coroners."

OF LUNACY-See "Guardians."

INSOLVENCIES.

How certified and allowed to tax-collectors,
INSOLVENT DEBTORS.

Person of debtor, without fraud, not to be detained in prison
after delivering up his estate,

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Judges of the circuit and county courts, and justices of the
peace may discharge debtors,
When defendant is confined on execution, how to proceed, 225-6, 228
Ten days' notice to be given to creditors,

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Debtor shall make oath and render schedule of his property,
debts, &c.

226

ib.

Schedule shall be filed with the clerk, and prisoner discharged

by warrant from the judge,

ib

Property acquired after discharge liable for debts, but person of
debtor for ever discharged,

ib

Prisoners in the bounds may have the benefit of this act,
But shall forfeit privilege of bounds, unless they take it within.
sixty days,

227

229

Debtor's estate vested in sheriff, who shall sell and pay pro-
ceeds to creditors,
Proceedings to recover debts due by, or property in possession

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Sheriff may discharge insolvent debtor, on plaintiff's refusal to
give security for prison fees,

Creditor's rights after payment of fees, or release of prisoner,
Debtors imprisoned on several executions, allowed only single
rations,

ib.

228

ib.

ib.

ib.

Prisoner on original or mesne process allowed the benefit of the
act,

228

Debtor, in custody, petitioning, shall give bond to appear and
make surrender,

Bond to be assigned to the plaintiff,

ib.

230

How to proceed when debtor is not charged in execution, or in
custody,

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On forfeiture of debtor's bond, sci. fa. to issue against the obli-

ib.

gors,

INSOLVENT DEBTORS—Continued.

Justices shall issue summons in nature of a sci. fa.
Liability of sheriff for failing to assign or return bond,
INSOLVENT ESTATES-See "Estates of Deceased Persons."
INSPECTION.

County court, and commissioners of revenue and roads to ap-

point inspectors of lumber, rosin, tobacco, &c.
Who shall not be appointed inspectors,

Inspectors' oath and bond,

Penalty on inspectors for not performing their duties,
Inspection of staves and heading,

of pitch, rosin, tar, and turpentine,

of tobacco,

of oil, flour, salt, and fish,

INSURRECTION.

Of slaves punished with death,

230

231

231, 232

233

231,

235

233

231-2-3

232

233-4-5

332

114

108

110

309

Free persons aiding or counselling slaves in, punished with death,
Circulating or publishing papers or pamphlets, tending to pro-
duce insurrection of slaves, punished with death,
The governor may call out the militia to suppress insurrections,
INTEREST.

When partial payments are made, they shall be applied first to
discharge the interest,

Eight per cent. interest allowed on all contracts after due,
More than eight per cent. usurious, and contract void,
Banks allowed to take only six per cent.,

Notes and bills not exceeding one dollar, shall bear interest at
the rate of one hundred per cent.,

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Judgments against defaulting constables, shall bear interest at
five per cent. per month,

176

Banks refusing specie payments to pay twelve per cent. inter-
est,

56

INTERLOCUTORY JUDGMENTS-See "Judgments," and

"Inquiry of Damages.”

INTERMEDIATE COURTS-See "Courts."

INTERPRETERS.

May be sworn truly to interpret evidence,
INTERROGATORIES-See "Depositions."

INTESTATES' ESTATES-See "Estates of Deceased Per-

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One to be erected in each county, before any other county build-
ing,

99

To consist of a debtor's and two other apartments,
County court at each stated term, shall inquire into the condi-
tion of prisons, cause them to be cleansed, &c.

98

344

JAILERS-See "Escapes," and "Prisoners."
JEOFAILS-See "Errors and Amendments."

Obligors."

JOINT DEBTORS-See "Attachments, Original," and "Joint

JOINT OBLIGORS.

How sued when residing in different counties,

267

JOINT OBLIGORS—Continued.

On death of joint obligor, the debt shall survive against his re-
presentatives,

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267

Joint contracts and judgments to be construed as joint and se-

ib.

ib.

268

Plaintiff may discontinue as to obligor not served with process,
or sue out an alias or pluries writ,

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Joint obligor sued separately, may notify the co-obligors, and
have judgment on motion,

JOINT TENANTS-See" Descent," and "Partition."
JOURNALS OF THE GENERAL ASSEMBLY.

To whom distributed,

Each house shall keep a journal of its proceedings,
One thousand copies of the journal of the house of represen-
tatives, and seven hundred of the journals of the senate, to be
printed and distributed by the state printer within one hun-
dred and ten days after adjournment,

215

303

ib.

304

236

236, 238

236

237

ib.

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Not to continue in office after seventy years of age,

All judges conservators of the peace within their jurisdiction,
Judges of circuit courts shall reside in their circuits, or office be
vacated,

240, 244

Circuit judges to be commissioned by the governor,
Compensation not to be diminished during their continuance in
office,

Salary of judges of the supreme court, 1750 dollars,

of judges of the circuit courts, 1750 dollars,

of circuit judges elected after January 21, 1832, 1500
dollars,

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To be final on demurrer, confession, non sum informatus, or
by default, in actions of debt for a sum certain, or where the
amount is ascertained by the instrument sued on,
On interlocutory judgments, a writ of inquiry shall be awarded,
triable next term,

In covenant, case, trespass, and assumpsit, plaintiff may take
judgment by default in vacation, and execute writ of inquiry
at next term,

Judgments on penal bonds to remain as security for further
breaches,

ib. ib.

269

273

Before justices of the peace on the merits, to bar suit for the

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JUDICIAL ATTACHMENTS-See " Attachments."

JUDICIAL CIRCUITS—See "Circuit Court.”

JUDICIAL PROCEEDINGS.

In errors and appeals,

At common law,

In chancery,

253 to 258

259 to 285

286 to 291

JUDICIAL PROCEEDINGS--Continued.
By justices of the peace,

JUDICIARY,

JURISDICTION.

OF THE SEVERAL COURTS-See "Courts."

291 to 295

236 to 253

OF THE STATE AND COURTS OVER INDIAN LANDS-See "Indian Ter-

ritory."

Where suit is commenced for a less sum than the court can take
cognizance of, plaintiff shall be nonsuited,

Nonsuit, how avoided by affidavit-exceptions,

Jurisdiction of counties to extend over watercourses on their
margins, not included in any county,

JURY.

Right of trial by jury shall remain inviolate,

Who exempted and disqualified from serving on juries,

Shall be summoned to special court for the trial of criminal

cases,

Shall be summoned to special term for disposal of unfinished
business,

Jurors, how selected, summoned and drawn,

269

ib.

442

295

295, 433

242

ib.

296-7-8-9

Jury for trial of land titles shall be composed of freeholders,
Who deemed freeholders for this purpose,

296

297

Talesmen may be summoned to complete the panel,

296

Court may fine talesmen not appearing when called, if present,
or withdrawing themselves,

295

Traverse jurors shall be sworn for the term, and talesmen for the
day,

Jurors' compensation,

Talesmen detained more than one day on same issue, allowed
pay as other jurors,

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Twelve jurors to be drawn and summoned for the county court,
May be summoned and empannelled to try the validity of a
will,

When court sits only one week, forty-eight jurors shall be drawn,
When court sits more than one week, forty-eight jurors shall be
drawn for first week, and twenty-four for each additional
week,

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When the term has been extended, and no provision for addi-
tional jurors, jury shall continue to the end of the term,
Jury not being drawn, or failing to attend, judge may direct jury
to be empannelled from the bystanders, daily,
Juror not attending, liable to a fine of twenty dollars,
Fine shall be remitted without costs, on good cause shown, any
day of next term,

ib.

296

297

Juror may render excuse on oath, in writing or viva voce,
Fine on jurors for not attending justice on trial of forcible entry
and detainer,

Competency of juror in qui tam actions, not affected by his
interest in the penalty as a citizen in the county,
Either party may challenge four of the jury peremptorily,
In capital cases, defendant shall be furnished with a list of the
jury, two entire days before his trial,

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In trials of slaves for capital offences, two-thirds of the jury
shall be slave-holders,

394-5

How selected in the trial of persons of color, before judge of
the county court, and justices,

125

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