APPEAL, CIVIL ACTION-continued:

justice's judgment appealed from-continued.

notice of, 1491, 1492.

return of notice of appeal, 1493, 1494.

reversed, property restored, 1495.

when and how taken, 1491.

motion to dismiss, for defective undertaking; notice, 596.
nonsuit under Hinsdale act, plaintiff takes, 539.

notice of, to adverse party, when required, 591, 1491, 1492.
perishable property sold pending, 598.

perpetuating burnt and lost records, 339.

processioning proceedings; notice of, 326, 328.

property litigated over deposited in court pending, 599, 600.

provisional remedies; appeals from order allowing, have preference, 874.
road supervisor's decisions appealed from, 2683, 2686, 2688.

recordari, writ of, as substitute for, 584.

special proceedings; appeal from clerk to judge, 588, 610-613.
state takes, to U. S. courts; cost, 1263.

stay of execution pending, 598-603. See Execution.

supersedeas, writ of, issued when, 584.

supreme court judgment on appeal, 605.

certificate of, received by superior court, procedure, 1526.
enforced by execution, when, 1542.

transcript of record sent supreme court, 592.

trial by court; judge's findings appealed from, 542.

undertaking for costs of, 593-595, 601, 603, 605. See Undertaking.
filed in supreme court, when, 593.

what judgments subject to, 587.

who may, 585.

widow's year's allowance; allotment appealed from, 3100, 3101.
writs of error abolished, 583.

APPEAL, CRIMINAL ACTION:

justice's court to superior court-

accused takes; justice recognizes witnesses, 3274.

defendant in peace warrant may take, 3173.

justices send up papers to clerk, 3275.

trial de novo in superior court, 3274.

superior court to supreme court-

bail allowed pending, when, 3279, 3280.

case on appeal, settled, as in civil cases, 3277.
defendant takes, how, 3277.

execution stayed pending, 3281.

in forma pauperis, 3278.

judgment for fines; execution stayed how, pending, 3282.
state can take, when, 3276.

supreme court judgment certified down; what done, 3283.

APPEARANCE:

attorney entering, to produce authority, when, 213.

bond for; mortgage given in lieu of, 266, 1849, 2829, 3207, 3212.

debtor's, in arrest and bail, deemed, when, 1926.

infants appear by guardian or next friend, 405, 406.

insolvent debtor's bond for, given when, 1936.

party may make, in person or by attorney, 356, 3135.

personal representative; when more than one, one binds all by, 161.
voluntary, by defendant, no summons necessary, 447.

APPRAISERS:

conspiracy to overvalue or undervalue, misdemeanor, 3585, 3586.

conspirator liable civilly to one injured, 690.

damages appraised by commissioners and jurors. See Condemnation Pro-
ceedings; Damages; Roads.

APPRAISERS-continued:

homestead allotted by, 687-689, 693, 694. See Homestead.

form of return of appraisers, 709.

partnership property appraised by; surviving partner buying, 2545.
personal property exemption allotted by, 695-697, 704-708.
form of return of appraisers, 709.

APPRENTICE:

age at which indigent children apprenticed, 190 (6).
apprentice to learn trade signs indenture, 202.
children, who may be apprenticed by clerk, 190.
who may be by parent, or guardian, 201.

clerk, duty of, when employer applies for, 186.

determine incapacity, drunkenness, etc., of parent, 185.
directs disposition of wages, 188.

power of, to bind out, 184-189.

compelled to serve; imprisoned for failure, 192, 205.
compensation in wages, board, education, etc., 194.
discharged, may be reapprenticed, 187, 196.

employer; charged with cruelty, etc., clerk's duty, 191.
liable, if fails to perform indenture, 206.
makes annual and final reports to clerk, 195.
must not remove apprentice from state, 196.
one who is a tradesman preferred, 186.
provides what for apprentice, 194.

removing from state, how released, 196.

enticing, away from employer, penalty, 193.

guardian for, appointed when, 189.

harboring wayward apprentices; penalty, 193.

illegitimate children bound, how, to learn trade, 201.

indenture; action on by apprentice, 199, 206.

must be brought in two years, 199.

cancelled by clerk, 191, 196.

contains what, 204.

drawn in whose name, 197, 201.

modified when, 187.

orphan asylum makes, when, 203.

registration necessary to validity, 200.

signed by child, when, 202.

mother's power to apprentice her child, 201.
power ceases when she marries, 201.

orphanage may apprentice orphans, 203.

power of clerk to bind out what minors, 184-189.

proceedings to apprentice indigent child begun how, 184.
citizens make complaint, 184.

employer applies for apprentice, 186.

record of apprentices kept by clerk, 915 (10).

term of apprenticeship limited, 198.

wages of; amounting to $100, guardian appointed, 189.
disposed of by order of clerk, 188.

white child bound only to white person, 186.

who may be apprenticed by parent or guardian, 201.
by clerk, 190.

ARBITRATION AND AWARD:

apprentice and employer submit to, when, 204 (6).

controversies with corporations submitted to corporation commission, 1073.
award docketed as judgment, 1073.

notice issued to parties, 1073.

parties may appear, how, 1073.

decedent's estate, claim against, settled by, 92.

ARBITRATION AND AWARD-continued:

oyster land entered, etc., after submission to, 2377.

reference by the court, 518-525. See Reference.

sluiceways in dams; injury to waterpower by, submitted to, how, 2462.

ARREST AND BAIL, CIVIL ACTION:

action on bail bond barred in three years, 395 (7).

actions to which chapter on, applicable, 726, 727.

affidavit in justice's court to obtain order for, 1496 (17).

arrest made in what cases, 625, 671, 727.

bail; deposit in lieu of, 744.

returned to plaintiff, when, 747.

sheriff's duty, 745.

adjudged sufficient, sheriff exonerated, 743.
amendment of process does not discharge, 757.
cost paid by, when, 756.

exonerated, when and how, 751.
justification of; notice of, 741.

procedure, 742, 743.

liable to sheriff when, 755.

may arrest defendant, 753.

new; when old insufficient, 741.

proceeded against, on motion, 754.

qualification of, 740.

sheriff liable as, when defendant escapes, 749.

surrenders defendant, 752.

bond of prisoner to keep bounds violated; procedure, 1341.
contested election; when defendant arrested, 831.

cost paid by bail, when, 756.

death or imprisonment of defendant discharges bail, 751.
debtor arrested; after execution, 625, 671.

by bail, 753.

defendant discharged upon giving bail, 737-743, 748.

depositing money in lieu of, 744-747.

deposit in lieu of bail, 737, 744-747.

applied to plaintiff's judgment, when, 747.

bail may be substituted for, 746.

certificate of, given defendant, 744.

paid into court by sheriff, 745.

sheriff not paying, procedure, 745.

escape of prisoner; sheriff liable, 2823.
exempt from arrest; who is, 1644, 1979.

fees for executing order, 2777.

forms for, in justice's court, 1496 (17-25).

insolvent debtors released, how, 1920-1934.

judgment debtor arrested after execution, when, 625.
order of arrest; copy delivered to defendant, 732.
executed how and when, 732, 733.

motion to vacate, procedure on, 735, 736.

obtained how, 729, 730.

time when order may issue, 731.

undertaking before, 730.

vacated or set aside, 734, 735.

who issues, 728.

quo warranto proceedings; defendant arrested in, 831.

sheriff's duty in serving order of, 732.

Sunday, no arrest in civil actions on, 727.

surrender of defendant by bail, 751, 752.

undertaking, plaintiff's, to secure defendant's arrest. 730.

defendant's, to secure discharge, 738-743.

deposit in lieu of, 737, 744-747.

women not subject to, except for wilful injury. 727.

ARREST, CRIMINAL ACTION:

accused arrested without warrant; procedure, 3182.

any one may make, when, 3176, 3177.

apprentice arrested for leaving employer, 192, 205.

bail granted when and by whom, 3207-3213. See Bail, Criminal Action.
breach of the peace; any one present may arrest offender, 3176.

fee for making, 2777.

felon concealed in house, duty of officer, 3179.

fugitives from justice arrested, how, 3183-3189.

game wardens may arrest as constables, 1868.

house broken open: by officer making arrest, when, 3180.

by any one, to prevent a felony, 3179.

officer may; without warrant, when, 3178.

break open house in case of felony, 3180.

oyster commissioner, etc., may, without warrant, 2398.
person summoned to aid in arrest must obey, 3181.
refusing to aid, a misdemeanor, 3701.
tramps arrested for certain offenses, 3738.
warrant for; not necessary, when, 3176-3178.
arrested without; procedure, 3182.

ARSON:

death the penalty for, 3335.

uninhabited houses, crops, woods, etc., burned. See Burnings.

ASSAULT:

civil action for; to whom costs allowed, 1264 (4), 1266.
defendant convicted of, on indictment for felony, 3268.
election officers, assaulting, a misdemeanor, 3385.

limitation, statute of; bars civil action for, 397.

bars criminal action, when, 3147.

pointing gun or pistol at another, unloaded or not, an, 3622.

married woman assaulted with intent to carnally know, felony, 3625.
punishment prescribed in all cases of, 3620.

rape; assault with intent to commit, felony, 3638.

secret, with weapon, by waylaying, felony, 3621.

ASSETS:

assignee for creditors makes inventory of, 968.

corporate, distributed how on dissolution, 1207.

decedent's estate; what constitutes, 45-59. See Administration.

guardian: should exhibit account of, in three months, 1802.
failing to do so, compelled by attachment, 1803.

new assets accounted for, when, 1804.

settlement of, must show entire amount, 1805.
partnership; surviving partner makes inventory of, 2540.

ASSIGNMENT FOR CREDITORS:

accounts; trustee must file when, 973.

record of trustee's, kept by clerk, 915 (12).

bond of trustee, 969, 970.

surety company may give, 273.

cost charged to expense, 277.

creditors; file claims with clerk, 972, 973.

falsely swearing to account, guilty of misdemeanor, 3617.
debts owing assignor mature on execution of deed of, 967.
final settlement within twelve months, 973.

insolvent debtor applies to assign and not be arrested, 1930.
insolvent trustee without bond, removed by clerk, 969.

successor gives bond, 970.

inventory of assets filed, when, 968.

ASSIGNMENT FOR CREDITORS-continued:
preferred debts, schedule of, filed, 967.

property; not to be sold within what time, 971.

perishable, sold when, 971.

schedule of preferred debts filed, where and when, 967.
trustee; appointed in deed of, violating duty, misdemeanor, 3689.
closes trust within what time, 973.

compelled to give bond, 969.

removed if insolvent, when, 969.

new one appointed, 970.
gives bond, 970.

ATTACHMENT:

actions in which warrant may issue, 758.
affidavit to obtain warrant, 759, 760.

form of, in justice's court, 1496 (3-5).

conditional judgment against garnishee, when, 780, 783.

corporate stock subject to, 776.

defendant recovering judgment, property delivered to him, 786.

discharge of, applied for by defendant, 774.

undertaking of defendant filed, 775.

garnishee; admitting having property, but surrenders to sheriff; 782.
conditional judgment against, rendered when, 780, 783.

judicial attachment issued for others, 780.

denying having property of or owing defendant; trial, 781.

failing to appear; effect, 780.

judgment entered against, 779, 780, 783, 784.

order directing to appear before justice, 1496 (12).

property in hands of; jury values, 782.

turned over to sheriff, garnishee excused, 782.

summoned, 779.

trial, when garnishee denies having property, etc., 781.
incorporeal property; warrant executed on, how, 777.

intervenor in, may interplead, when, 789.

issuance of warrant of; by whom, 761, 769.

judgment in; satisfied how, 784.

against garnishee, 779, 780, 783.

judicial, from justice's court; form, 1496 (13).

jurisdiction in, 769.

justice's, levied on land, 771.

levy of, on corporate stock, 778.

certificate of defendant's interest furnished sheriff, 778.

llen of attaching creditor, from what time, 767.

notes of defendant sued on, when, 785.

notice of warrant of attachment published, 766, 770, 1496 (16).
plaintiff may sue on defendant's notes, when, 785.

plaintiff's undertaking in; justification of, 763, 788.

property sold pendente lite, when, 772.

replevin of property by defendant, 773-775.

undertaking to secure writ, 773, 775, 1496 (14), (15).

return of warrant of, by sheriff, 768.

sale of property attached pendente lite, 772.

summons in, served how, 762, 770.

taxes; attachment and garnishment to collect, 2880, 2881.

third person may interplead, how, 789.

undertaking of plaintiff to secure warrant, 763.

form of, justices' courts, 1496 (6).

increased how and when, 787.

sureties on, excepted to, justify, when, 788.
validity of, can not be impeached, 764.

of defendant, 775.