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ENGINEER-Continued.

to stop at crossings of other rail-
roads, 1155, 61, 62.
obstructing roads. 1155, $63. 64.
ENGLISH LANGUAGE, laws,
writings and proceedings to be
in, 34. 18.

ENROLMENT of militia, 1448,

2.

ENTAILMENT, 307, § 6.
ENTRY into lands barred after 20
years, 939, §§ 1-3.
EQUALIZING legacies, 68, $ 78.
EQUALIZATION OF TAXES.
by town board, 1246, § 86-88.
by county board, 1249, § 97.
by state board, 1252. SS 100-116.
(See State Board of Equalization,
1252.)

EQUITABLE INTERESTS.

lien of judgments upon, 861, § 3.
liable to attachment, 126, § 8.
subject to dower, 549, § 1.
EQUITY. (See Chancery, 183.)
ERROR.

coram nobis abolished, 1108, § 67.
in fact, how corrected, 1108, § 67.
in criminal cases, assigned as in
civil, 532, 437: 1107, § 63.
assignable in civil cases, 1106, §
61.

on agreed case, 1110, $ 75.
cross-errors may be assigned, 1-
III, § 73.

joined in, III, § 80.

(See Abatement, 37; Amendments
and Jeofails, 96; Writs of Er-
ror.)

ESCAPE.

by refusal of officer to arrest, 459,
83.

aiding a prisoner, 459, § 84.
rescue, 459, $ 85.

the preceding extend to civil pro-
cess, 459. 86.

rescue of prisoner charged with
high crime, before conviction,
459, $ 87.

rescue of prisoner convicted of
high crime, 459, § 88.

ESCAPE-Continued.

officer allowing before conviction,
460, $ 89.

officer allowing after conviction,
460, $ 90.

officer of penitentiary allowing,
460, 91.

aiding escape, 460, § 92.

from reform school, 1212, § 14.
recapture of prisoner, 517, § 346.
on ca, sa, re-arrest, 874, § 64.
ESCHEATS. Ch. 49, 652, § 1-7.
to county, 652, § 1.

personal property - administra-
tion, etc., 652, § 2.
proceedings by county for es-
cheated property, 652, § 3.
defense, 653, 4.

judgment

653. $ 5.

---

- execution

appeal-error, 654, § 6.

record,

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escheat of property of bastard,
542, § 2.
ESTATE.

of curtesy abolished, 549, § 1.
of dower. (See Dower, 548, SS
I-47.)

of homestead, exemption of, 676,
$ 1.

of aliens, how distributed, 95,
$2.

what passes by conveyance or de-
vise, 310, 13.
equitable lien of judgments upon,
594. § 1-3.

conveyance of, when husband or
wife insane, 793, SS 17-21.
ESTRAYS AND LOST PROP-
ERTY. Ch. 50, 655, SS 1-35.
when estrays may be taken up,
655, § I.

who may take up estrays, 655, § 2.
not to use before advertising, ex.
cept, etc., 655. § 3.
several estrays, 655, § 4.
notice of taking up, 655, § 5.

ESTRAYS AND LOST

ERTY-Continued.

PROP-ESTRAYS AND LOST PROP-

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ERTY-Continued.

costs, 660 30.
deposit, 661, § 31.

when taker-up and owner do not
agree, 661, 32.

penalty against justice for failure

to pay money, etc., 661, 33-
penalty against taker-up,661, $34.
penalty for selling, etc., estray,
etc., 661, 35.
EVICTION, when rents not re-
coverable, 612, § 52.
EVIDENCE AND DEPOSI-
TIONS. Ch. 51, 662, 1-51.
witnesses-competency and cred-
ibility of, 662, § I.

when not competent-exceptions,
663, § 2.

book account, 664, § 3.
partners and joint contractors,
664, 4.

husband and wife, 664, $5.
adverse party compelled to tes-
tify, 665, § 6.

incompetency not removed by re-
lease, etc., 665, § 7.
further exceptions, 665, § 8.
production of books and writings,
665.9.

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$13.

records, etc., of cities, etc.-how
certified, 666,

14.
records, etc., of private corpora-
tions-how certified, 666, § 15.
form of certificate, 666, § 16.
records of justices of the peace-
how certified, 667, § 17.
sworn copies, 667, § 18.
penalty, 667, $ 19.

U. S. register or receiver-certifi-
cate of, 667, § 20.
patent-best evidence, 667, § 21.
state patents - when copy of re-
cord evidence, 668, § 22.

AND DEPOSI- EVIDENCE AND

DEPOSI-

EVIDENCE

TIONS-Continued.

state land sales-copies of en-
tries, etc., 668, § 23.
depositions of resident witnesses
in chancery, 668, § 24.
depositions of resident witnesses
in law, 669, § 25.
deposition-when witness is non-
resident-notice, 669, § 26.
notice to non-resident party, etc.,
669, $27.

oral examination, 670, § 28.
oral examination-costs, 670, S

29.

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33.

effect of deposition, 671, $ 34.
further examination of witness,
672, $35.

attendance of witnesses before
commissioners, etc., 672, § 36.
fees of witnesses before commis-
sioner, etc., 672, 37.
oral testimony in chancery, 673, §
38.

PERPETUATING TESTIMONY.

when and how testimony per-
petuated, 673, 39.

how docketed, 673, § 40.
several commissions may is-

sue, 673, 41.
notice, 674, § 42.

notice to non-resident, etc., 674,

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19: 526, 407.

in county court on settlement
of estates, 64, § 65.

parties may testify in trial of

bastardy, 164, § 6.

dedimus to prove will, 535, $4.
before referees, 1209, 1-4.
under plea of justification in

slander or libel, 1423, 3.
in ejectment suits, 606, 19.
under liquor law, 601, § 14.
common law rules apply to

criminal cases, 531, 428.
accused need not give against
himself, 3. 10.

accused may testify in his own
behalf, 530, § 426.

of joint right of plaintiffs, 897,
$57; 1099. $ 35.

of joint obligations of defend-
ants, 897, 58; 1099, $ 36.
when oath administered out of

state, 1012, § 6.

affidavit to plaintiff's account
prima facie, 1100, $ 38.
continuance to obtain, IIOI, S
43.

admission of affidavit for con-

tinuance, 1102, § 44.

effect of admission, 1102, §

45.
depositions in injunction cases,
798, § 17-20.

of extortion and unjust dis-
crimination, 1168, §, 112;
1171, § 118.

EVIDENCE AND DEPOSI-

TIONS-Continued.

record of indictment prima
facie, 528, 413.
inventories and bills of ap-
praisement, 62, § 56.
ordinances of cities, etc., how
proved, 233, § 65.
certified copy of record of for-
eign will, 317, § 33.

copies of record of wills, 1540,
$ 18.

copies of papers in governor's

and secretary of state's offi-
ces, 1416,7; 1418. § 11.
copies of record, etc., certified
by auditor, 154, $6.
record of justices and con-
stables, 886, 12.
copies of state treasurer's re-
cords, etc., 1460, § 5.
notary public's record, 1009,$14.
county surveyor's record, 1468,
$7.

copies of papers in town clerk's

office, 1507, $117.

records of marks and brands,
prima facie, 965, § 3.
copies of sheriff's bond, 1419,
$5.

copies of coroner's bond, 321,
$5.

laws, journals and resolutions
of general assembly, 1417,
$8.

copies of certificates and pat-
ents for school lands, 1405,
$97.

certificate of marriage, 967, § 12.
deeds, title papers, etc., of

canal, 174, 10.

copies of canal deeds, records,
etc., 174, 10, II.
deeds, etc., certified copies from
record, 317, SS 35, 36.
sheriff's or master's deed, 869,
$33.

sheriff's or master's deeds,
when judgment lost or de-
stroyed, 869, § 33.

EVIDENCE AND DEPOSI-
TIONS--Continued.

recitals in mortgagee's deed,
995. $ 15.

copy of record of chattel mort-
gage, 992, § 5.

sheriff's certificate of sale, and
record thereof. 865. $ 17.
of claims before claim com-
missioner, 299. § 4.

(See Records, 1196, § 1-30.)
EXAMINATION.

of person charged with crime,
517, 347.
of fugitive from justice, 745, 4
on return of habeas corpus, 779,
$18.

of attorney for admission, 147.83.
on charge of lunacy, etc., 955. § I.
of insolvent debtor, 804. § 6.
of school teachers, 1378, 50, 51.
of the offices of clerks of courts,
293, 22.

of jail, 858, S$ 26-28.

of life insurance companies, by
auditor, 837, 48.

of fire insurance companies, 826,

23.

of official bonds, 1017. SS 2-9.
of railroads and warehouses,
1187, § 163.
EXCEPTIONS.
in cases tried by court, 1101, § 42;
1106, § 61.

to giving or refusing instructions,
1104, $ 54.

during trial, 1106, § 60.

to decisions, etc., 1106, § 62.
to bill in chancery, 186, § 16.
to answers or interrogatories, 189,
$27.

to cross-bill, 190, § 32.

in criminal cases, 532, § 437;
1107,

63.

in ejectment, 610, § 37.

to bond taken by sheriff in attach-
ment, 128, 17.

to bond taken by constable in at-
tachment, 136, § 57.

to bail in civil cases, 159, § 7, 8.

EXCHANGE.

of judges of circuit courts, etc.,

406,57.

of judges of city courts, 429, § 245.
of judges of county courts, 416,
$92a.

EXCUSABLE homicide, 476, SS
153, 154.
EXECUTION.

of criminal, 533, §§ 439-443.
of writ of attachment, 126, § 8.
of attachment against water craft,
139. $8.

of search warrant for records
withheld, 493, § 218.

46.

of deeds in chancery, 192,
of decree in chancery, 193, § 47.
of deeds by officer on sale under
execution or decree, 868, 30.
of deed, enforced after death of
party, 303, § 2.

of instrument, denial of, 897, S
56; 1098, 34.

of deeds. (See Conveyance, 305,
SS 1-40.)

of wills. (See Wills, 1534, § 1-20.)
EXECUTIONS

homestead exempt from, 676, § 1.
personal property exempt, 679,
$13.

16a.

certain wages exempt, 680,
not to issue against county, 366,

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levy and sale of stock on, 872, $$
52-57.

motion in vacation to quash, 1107.
$65.

from supreme court, IIII, 81.
after appeal to supreme court,
1112, 83.

docket of, kept by clerks of
courts, 290, 16.

fee bill to issue with, 292, § 16,
item 5.

from justice's court:

on appeal from justice, 903,
$81.

twenty days-swearing out ex-
ecution, 903. § 82.

against body or goods, 903,
$83.

capias ad satisfaciendum, 903,
$ 84.

form of execution against prop-
erty, 903, 85.

to be levied only on personalty,
903, 85, 873, § 61.

form of execution against body,
904, § 86.

lien of execution and judg-
ment, 904, 87.
indorsement levy-sale-no-
tice, 904, $ 88.

delivery bond

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