INDEX.

EXPLANATORY.-The references are to sections. Where the expression is used, "See under this
head," the word "head" has reference to the same general index head under which the person is
then looking.

ABANDONMENT:

child abandoned by parent; custody forfeited, 180.

custody restored, 181, 1853, 1854.

cropper abandoning crop in certain counties; effect, 2001, 2056.

divorce from bed and board granted for, 1562.

family abandoned by husband, a misdemeanor, 3355.

husband not working, prima facie evidence, 3356.

husband abandoned by wife eloping; effect on wife's rights, 8, 2110.
railroad station; company not allowed to abandon, 1098.
wife, by husband; effect on husband's rights, 9, 2111.
makes wife free trader, 2117.

may get alimony pendente lite, without notice, 1566.
when a lunatic; entitled to alimony, 1895.

ABATEMENT:

actions; circumstances warranting, 415.

none, by corporation dissolution, 1208.

death of party, in tort action, after verdict, 415.
devises; to provide for after-born child, 138, 140, 141.
legacies; to provide for after-born child, 139, 141.
nuisance; failure to abate, a misdemeanor, 3446.
judgment for removal of, when, 825.
milldam abated as a, 2138, 2142.

towns have power to force abatement of, 2929.
plea in, to remedy venue in criminal actions, 3239.

ABDUCTION:

apprentice; enticing, from employer, 193.

child; by parent after forfeiting custody, felony, 3373.

from kindred, by one not so near related, felony, 3358, 3359.

kidnapping person a felony, 3634.

married woman; by one not her husband, felony, 3360.

testimony of woman not sufficient to convict, 3360.

ABETTING: See Crimes and Punishments.

ABORTION:

administering to mother to destroy child, felony. 3618.
to procure miscarriage, felony. 3619.

ACCEPTANCE: See Negotiable Instruments.

ACCEPTOR: See Negotiable Instruments.

ACCESSORIES:

after the fact, to felonies; trial and punishment, 3289.
before the fact, to felonies; trial and punishment, 3287, 3290.
duelling; aiders and abettors in, accessory to murder, when, 3629.

ACCOUNT:

action on, liquidated and settled, when tried, 484.
administration; annual, 99.

final, 103.

compelled, 100-131. See Administration.
stated by clerk, 117, 118.

auctioneer's, made to clerk semi-annually, 218.

book accounts as evidence, 1622-1624.

clerk of superior court renders, 918-920.

clerk of supreme court files semi-annual, of certain moneys, 1554.
copy of, evidence when, 1624.

corporation commission required to keep, 1115.

county commissioners; audit accounts against county, 1318 (5).
publish annual, 1326.

county officers make annual statement of, 1380-1383.

county treasurer; exhibits account to county commissioners, 1398 (5).

keeps county's, 1398 (2).

current; when cause of action accrues on, 376.

eleemosynary corporations compelled to, how, 1197.

guardian's; 1802-1809. See Guardian.

compulsory before resigning, 1776.

itemized, verified, furnished person contesting, when, 494.

limitations, statute of, begins to run against current, when, 376.

oyster commissioner's, to state treasurer, 2405.

partner, surviving, accounts with representative of deceased, 2546.
accounting compelled, when, 2547.

pleading; not necessary to itemize in, when, 494.

prima facie evidence, when, 1625.

record of, kept by clerk superior court, 915 (12).
reference to take an, 519 (2).

railroad officials must account to successors, 2648.

trustee's, in assignment for benefit of creditors, 973.
warehousemen keep books of; open to public, 3035.

ACCUSED PERSON:

bail allowed, when taken by whom, 3207-3213, 3228.

counsel allowed, 3150.

failure to indict, when charged with felony, discharged, 3155.

preliminary hearing before magistrate, 3190-3206. See Preliminary Hear-
ing.

ACKNOWLEDGMENT:

conveyances, for probate and registration, 989-1007. See Probate.

form of. 1002.

debt, to repel bar of statute of limitations, 371.

note, by partner or maker; effect of, 372.

ACRE:

dimensions of, 3065.

ACTION, CIVIL:

abatement of; circumstances warranting, 415.

accounting of personal representative compelled by, 104.

administrator. etc., action by and against, 30, 31, 156-165, 167.

administrator's right of, 59, 60.

appeal in, 583-613. See Appeal, Civil Action.

apprentice's right of, on indenture, 199.

auxiliary remedies to. See Arrest and Bail; Attachment; Claim and De-
livery.

ACTION, CIVIL-continued:

bonds; official, fiduciary, etc., subject of, 280-286, 297, 2940.
burning woods of another, subject of, 3346.

causes of; divided when demurrer for misjoinder sustained, 476.
what can be joined, 469.

client's right of, against attorney for fraud, 215.

against attorney for negligence, 214.

cloud upon title removed by, 1589.

collector's right of; power ceasing, who continues, 25.

commenced by summons, 359, 1444.

contested elections. See Contested Elections.
controversy submitted without, 803-805.
corporation; charter of, vacated by, 826, 827.

dissolution of, enforced by, 1196-1211.

costs in, adjudged how, 1264-1282.

See Costs.

See Quo Warranto.

county brings, to use of county workhouse, when, 1372.
creditor's, against heir and representative, 53-58, 94.

gives no preference, 55, 94.

against trader not showing his interest, 2118.

damages; actions for. See Damages.

defined, 351, 2340.

discontinued when chain of summonses broken, 438.

dismissed, when, 466, 563. See Dismissal of Action.

distinction between legal and equitable remedies abolished, 354.

distributee's right of, against representative, when, 144.

divorce and alimony subject of, 1557-1570.

ejectment. See Ejectment.

entry followed by, within one year, 385.

evidence in, 1592-1659. See Evidence.

fees of officers in. See Fees.

forfeiture of property to state enforced by, 845.

franchise of corporation tested by, 826, 827, 1196-1198.

judgment in, 555-582. See Judgment.

jurisdiction, 1419-1426, 1500-1505. See Jurisdiction.

legatee's right of; to recover legacy, when, 144.

libel subject of, 2012-2014. See Libel.

liens enforced by, 2027.

limitations of time to commence, 359-399.

See Limitations, Statute of.

statute begins to run; is suspended; revived, 360-379.

mad dog biting any one subject of, 3305.

mandamus, 822-824. See Mandamus.

married woman; actions by and against, 408.

negligence; actions for. See Negligence.

nuisance, 825.

office, public, subject of, when 826-845.

official bonds destroyed can be subject of, 334.

parent's right of, for selling minor child liquor, 3525.

parties to, 400-418. See Party to Action or Proceeding.
penalties; action to enforce. See Penalties and Forfeitures.
personal representative's right of, to recover estate, 156-165.
pleadings in, 465-514. See Pleadings.

prisoner's right of, for injury by jailer, 3661.

procedure in. See Civil Procedure; Courts, Justices'.

property fraudulently conveyed, recovered by, 50, 72, 73.

quo warranto to contest election, 826-845. See Quo Warranto.

railroads liable to, when certain regulations violated, 1091, 1092.
real property; injury to, subject of, 1476.

title to, quieted by, 1589.

reference of, 518-525. See Reference.

removal of, 425-428, 1455. See Removal of Actions.

repeal of statute giving, does not affect action brought, 2830.

replevin, 790-802. See Claim and Delivery.
sheriff liable to, for escape of prisoner, 750.
slander subject of, 2012-2015.

summons in, 429-449. See Summons.

survival of right of, to representative, 157, 158.
taxpayer's, to recover taxes illegally assessed, 2855.
trial of, 484, 526-549. See Trial, Civil Action.

usurper of public office liable to, 826-845.

venue of, 419-428.
verdict in, 550-554.
waste, 853-858.

See Venue, Civil Action.

See Verdict, Civil Action.

wrongful death, 59, 60.

ADJUTANT GENERAL:

See Volume II, Militia.

salary of, and allowance for office expense, 2750.

ADMINISTRATION:

absent heir presumed dead, when, 151.

accounts of representative—

annual, 99, 100.

failure of representative to file; effect, 100.
final, 103.

record of, kept by clerk, 915 (12).

vouchers filed as evidence, 99, 101.

accounting compelled by-

citation and attachment, 100, 103.
civil action, 104, 129.

account ordered to be taken, 129.

special proceedings, 104-131.

account taken by clerk, 117.

excepted to; judgment rendered, 118.
appeal to superior court, 119, 120.

bond for costs on; one sufficient, 119.
certain creditors can issue execution, 121.

advertisement for creditors, 107, 108.

personal service on creditor, 108.

assets found; judgment, 122-124.

execution may issue for what, 124.

claims; filed by creditor, 109.

proven how, 110.

list of, filed by representative, 111.
notice of, to creditors, 111.

creditor's claim disputed, clerk's duty, 113.
complaint filed by creditor, 113.

cause transferred to superior court, 114.
representative can plead later, 116.

judgment for certain creditors, where docketed, 121.
new assets found after report, creditor proceeds, 128.
personal assets insufficient, land sold, 130.

representative files list of claims, 111.

passes on claims, 113-120.

summons in proceeding returnable where, 106.

action against estate-

continued by whom, when letters revoked, 165.

creditor's, against representative, barred, when, 392.

gives no preference, 55, 95.

how brought, 160.

when judgment in, a lien, 162.

ADMINISTRATION-continued:

action against estate-continued.

by representative, in representative capacity, for---
damages to estate, 159, 160.

recovery of assets, 159.

property fraudulently conveyed by decedent, 50, 72, 73.
real property, 159.

wrongful death, 59, 60, 2825.

recovery in, not assets, 59.

rights of; survive to representative, when, 156.

survive to successor of representative, 158.

administrator; his appointment, bond, liabilities. See Administrator.
administrator cum testamento annexo.

See Administrator.

adultery; effect of, on right to administer, 8, 9.

advancements; heirs must account for, 133-135. See Advancements.
advertisement for creditors to file claims, 39-41.

after-born child; share of, in ancestor's estate, 138-140.

personalty, 139, 140.
realty, 138, 140.

no petition filed for share, representative's duty, 143.
treated as devisee and legatee, 142.

application for letters of, 26, 27.

assets, 45, 58.

action to recover, 159, 160.

consists of what, 45-58.

fraudulently conveyed property, when, 50.
inventoried, 42, 44.

legal and equitable, distinction abolished, 45.
new, discovered by creditors; procedure, 128.
inventoried, 44.

personal; crops ungathered, 47.

proceeds from sale of realty, part of, 48.
trust estates in personalty, 46.

real; what proceeds from sale of realty, 49.
shown by clerk's accounting, 127.

wrongful death; recovery in action for, not, 59.

barred after ten years from death of intestate, 367.
bond of representative, 23, 28, 29, 265, 319.

action on, by person injured, 30.
successor brings, when, 31.

new one required, when, 32.

failure to give, letters revoked. 34.
successor appointed, 35.

surety companies may give, 273.

expense charged to estate, 277.

surety in danger of loss; remedy, 33.

caveat to will filed suspends, 3137.

chapter on, applicable to what estates, 172, 173.

children; distributive shares of, in ancestor's estate, 132-137.

choses in action of doubtful value, sold, how, 67.

claims against estate; action on, gives no preference, 55, 96, 162.
advertisement for creditors to file, 39-41.

cost of, 39.

proven, how, 40.

disputed, barred in six months, 93.

may be referred, 92.

not presented within one year after notice, who liable, 94.
proved and paid, 87-98.

clerk superior court; duties concerning. See Clerk, Superior Court.
collector, 23-25. See Collector of Decedent's Estate.

commissions; representative entitled to, on settlement, 149.

contempt; representative failing to account, guilty of, 100.