ESTATES-continued:

tail converted into fee simple, 1578.

tenancy for years. See Tenant for Years.

title to, quieted by action, 1589.

trustees hold, how, 1580.

trust. See Trust Estates.

unborn children take, how, 1582.

EVIDENCE:

abandonment; husband not working, etc., presumed, 3356.

abduction of married woman; woman's testimony insufficient, 3360.
account itemized and verified as, 1625.

book, as, 1622, 1623.

action against heir for debt of decedent; what, necessary, 53, 56, 57.
administration; letters of, from foreign state, how proven, 1618.
adjudicated account evidence of what, 127.

vouchers evidence of payments, 99, 101, 102.

apprentice's indenture as, 200.

baggage; loss of, prima facie negligence, 1910.

bastardy proceedings, woman examined, 255.

birds; shipping, beyond state, what prima facie, of, 3471.
bonds, official; copy as evidence, 1616.

book accounts as, 1622, 1623.

copies of, as evidence, 1624.

bridges; existence for ten years presumptive, of order, 2695.
buggery, emission of seed not necessary, 3639.

burden of proof. See Burden of Proof.

burnt and lost records; copy, as evidence, when, 327, 330.

carrying concealed weapons; possession, prima facie, when, 3708.

certificate of purchase at tax sale as, 2902.

citizenship; what necessary to restore, 2678.

clerk's receipt for costs; evidence in action by client against attorney, 214.

common law of another state proven, how, 1594.

compromise; offer to, not competent, 860.

confederate currency; value of, shown how, 1659.

contracts; certain ones must be in writing to be, 974-978.

corporate existence proven how, 2550.

corporation commission; testimony in investigations of, written, 1065.

county commissioners' records; copy as, 1616.

prima facie, as to how voted on approval of bonds, 314.

court orders; recitals in, prima facie, of what, 341, 342.

deed; copy of, as, 988, 1598, 1599, 1619.

burnt and lost, registration lost; presumption as to effect, 1602.
evidence when probated out of state, when, 1023.

producing forged, in evidence, felony, 3424.

proof of contents of, when destroyed, by court record, 337.
sheriff's, when original lost, 336.

demurrer to; effect, 539.

depositions taken, and read as, 1645-1655. See Depositions.
witness defaulting; prima facie evidence of, when, 1650.

description; fitting land to the, by parol, 1605.

diamond-back terrapin; possession prima facie, of unlawful catching, when,
2370.

divorce; party suing can not testify as to adultery, 1564.

documents; copies as, 1616.

dredging for oysters presumed, when, 2391, 2397.

dynamiting fish; possession of fish so killed, prima facie, 2466.

enticing minors out of state; what sufficient, 3630.

escape; burden of proof on officer allowing, 3577.

examination of parties, 864-872. See Examination of Parties,
expectancy of life, how shown, 1626.

EVIDENCE-continued:

false pretense; not necessary to show who defrauded, 3432.
what prima facie, of false pretense as to working, 3431.
fishing without license; agents of fisherman must testify, 2459.
footways established by prescription, 2695.

fornication and adultery; admission not, when, 3350.

free trader; certified copy of writing making, used as, 2114.

futures, dealing in; what necessary to prove, 3826, 1690.

gambler giving, against companions not incriminated, 1688.

gaming contracts sued on; defendant pleads gambling; plea not, when, 1691.
grants; certified copies as, when, 1596, 1610, 1613.

certain copies of, validated, competent, 1597.

handwriting, proof of. See Handwriting.

homestead appraiser's return; copy as, 703.

hunting; deer by firelight; accomplice's testimony, 3462.

in New Hanover county, how proven, 3465.

incriminating, compellable in supplemental proceedings, 672.
inspection of writings allowed adverse party, 1656.

joint resolutions of general assembly proven, how, 1592, 1593.
judge reviews, in making charge to jury, how, 535.

judgment admitted as, when, 569, 2587.

justice's preliminary hearing, before grand jury, 3205.

justice's records; copies evidence to show once in jeopardy, 3260.
letters testamentary, etc., from other state; copies as, 1618.

libel and slander; mitigating circumstances as, 502.
liquors; person procuring for another, presumption, 3534.

lynching; testimony of participant in, not against himself, 3201.
McCulloch; title under, supported, how, 1600.

Martin's collection of act proven, how, 1593.

original grants to, not necessary, when, 1601.

Moore county records destroyed, presumed regular, when, 344.
mortgage; copy of, as, 1598, 1599.

mortgaged property; prima facie, of disposing of, 3435.
mortuary tables as, 1626.

negotiable instruments; holder deemed in due course, 2208.
indorsement, undated, presumed done, when, 2194.

place of making, presumed, 2195.

notice of dishonor deemed given, when, 2255, 2256.

new promise to pay debt must be written, 371.

notice to creditor by surety demanding immediate action, as, 2848.
orders of court of pleas, etc., presumed regular, 339.

ordinances of towns, etc., proven, how, 1595.

pleadings in civil action not competent, in criminal, 493.

power of attorney; copy, as, 1598, 1599.

process, receipt for, as, 2816.

production of writings enforced, 1657.

rape; emission of seed not necessary to complete, 3639.

rates; fixed by corporation commission presumed fair, 1075, 1112.
certified by clerk of commission, prima facie regular, 1112.

records; certain counties, proven by copy in books, 1611, 1612, 1615.
of state or U. S. government, proven by copy, 1617.

copy, how authenticated, 1617.

referee takes, and reports, how, 523-525.

rent, reasonable, shown, how, 1986.

rules of, before corporation commission, 1069.

sales book kept by sheriff as, 2892.

seamen, harboring; finding on premises prima facie, 3556.

second criminal offense proven, how, 3249.

seduction; woman's unsupported, insufficient, 3354.

settlement of administrator, vouchers as, 99, 101, 102.
statutes of general assembly, proven, how, 1592.

of other states, proven, how, 1594.

EVIDENCEcontinued:

supreme court can allow taking of additional, when, 1545.
suretyship shown by, when, 2840.

surveys; certified copies as, 1596.

certificate of, registered, is evidence, when, 2663.

several tracts made one boundary; survey evidence, when, 1505.

tax deeds; recitals in as, 1606, 2909.

timber, effect of branding, 3026.

trademark, certified copies of, as, 3015.

will; copy of, as, 1603, 1607, 1608, 1609, 1619, 3130.

how far probate conclusive, 3128.

presumed to be properly probated, in Haywood county, 1614.
probate of, 3122-3134.

witnesses to, dead; how proven, 3121.

witnesses competent to testify. See Witnesses.

witness ticket sufficient, of debt due witness, 1299.

writings; admission of genuineness procured, how, 1658.

written instruments proved otherwise than by attesting witness, 1604.

EXAMINATION OF PARTIES:

action for discovery abolished, 864.

adverse party; admission by, of genuineness of writing. 1658.
compelled to attend and be examined before trial, 866, 867.
only in his own county, 866.

refusing to attend, contempt, 869.

may be examined on own behalf, when, 870.

new matter brought out, right to rebut, 870.

co-plaintiffs and co-defendants may examine each other, 872.
party in interest examined, 871.

production of paper-writings compelled, when, 1656, 1658.
testimony of parties may be rebutted, 868, 870.

EXCEPTIONS:

administration account stated, any party may file, 118.

allotment of exemptions, 699, 706. See Homestead; Personal Property
Exemption.

condemnation of proceedings; exceptions to jury's finding, 2587, 2588.
corporation commission's decision, 1074.

corporation receiver's allowance of claims, 1230.

deemed taken, when, 554.

partition proceeding; commissioner's report, 2494, 2501, 2505, 2513.
referee's findings, 525.

when and how taken on trial by jury, 554.

on trial by judge, 542.

when motion to dismiss under Hinsdale act fails, 539.

EXCUSABLE NEGLECT:

judgment, order, etc., set aside for, when, 513.

EXECUTION:

against corporations, 1212-1218.

property, 615, 616.

See Corporations.

tenant in summary ejectment, 2005.

the person, 616, 625.

bastardy proceedings; execution for maintenance, 261.

betterments claimed on; procedure, 652-666.

capital felons, 3284-3286. See Hangings.

See Betterments.

colts, etc., never included in exemption; reason for. 2025.

costs; itemized bill of, must accompany, 1252.

on appeal, collected how, by, 1549.

sheriff must pay to clerk, when collected on penalty, 640.

EXECUTION-continued:

creditors may issue, against decedent's estate, when, 121, 162.
crops; tenant's part not sold as landlord's under, 1998.

growing; not subject to sale until matured, 632.

debtors of judgment debtor may pay off, 674.

equity of redemption subject to, 629.

deed of, on sale, contains what, 631.

exemptions from sale under, 685-709, 1588. See Homestead; Personal Prop-
erty Exemption.

fees and allowances to sheriff for serving; proviso, 2777.

for collecting, 2777.

form of; generally, 622-624, 627.

against married women, 617.

must be signed and sealed, 616.

homestead; allotted before levy of, 687, 692. See Homestead.
levy on excess over, 692.

when, subject to execution, 686.

husband's interest in certain lands not subject to, 2097.
issuance of; after three years, by leave of court, 620.
alias execution issued, when, 618.

at instance of personal representative, 164.

clerk's fee for, 2773.

from what court, 623, 1481.

in claim and delivery proceedings, 622, 627.

in summary ejectment by landlord, 2005.

time of; by clerk after judgment, 618, 619.
failure to issue, penalty, 618.

within three years as of course, 619.

judgment debtor arrested after, when, 625.
judgment enforced by, how, 615.

kinds of, 616.

leave to issue, after three years, obtained how, 620.
levy of; on personal property, 627.

corporate stock, 1215, 1217.

officer not taking possession; bond required, 633.
remedy on bond when condition broken, 635.
surety on, bond furnished inventory, 634.

on realty; after homestead allotted, 687, 692.

officer levying before allotment; misdemeanor, 3584.

lien of; on personalty from levy, 627, 634, 1482.

on realty, 574.

liens; enforcement of, by 2025, 2029, 2030.

justice's execution to enforce, on land, invalid, 1482, 2030.

payments made on, duty of clerk, 636.

personal property exemption from, 685. See Personal Property Exemption.

personal representative; successor to, may issue, 164.

party in; can not be released on habeas corpus, 1850.

party dying in; new one issued against property, 626.
property subject to, 629.

return of; clerk must docket, 636.

enforced, how, 2817.

how made; when no sale for want of bidders, 650.
to what court, 623, 1481.

when to be made, 624, 1481.

sales under, 641-651. See Execution Sales.

satisfied; by instalments, when, 582.

clerk sends copy of payments to other counties, when, 636.
payment by debtors of judgment debtor, 674.

sheriff collecting money on, must pay over immediately, 2821.
spendthrift trust not subject to, 1588.

stay of; when, 590, 598.

EXECUTION--continued:

stay of-continued.

clerk enters on docket, when, 621, 1479.

by supersedeas, 584.

in justice's court; for how long, etc., 1483, 1484.

pending appeal in, 1485-1488.

pending appeal; by giving undertakings, 590, 598, 602, 603, 842,
1485-1488.

by deposit of money in court, 598.

deposit of property litigated over, 599.

selling perishable property, 598.

surety may dissent to, 2845.

supersedeas suspends, when, 584.

supplemental proceedings to enforce, 667-684. See Supplemental Pro-
ceedings.

supreme court may issue, returnable, where, 1542.

surety, execution against, when, 1251, 2840-2842.

tax; execution to another county to collect, 2871.
indorsement of tax list equal to execution, 2856.
tested how, 624.

trust estates subject of, 627, 629.

undertaking to stay. See under this head, Stay of, etc.
sureties becoming insolvent, new required, 598.
variance between, and judgment; effect of, 628.
what subject to sale under, 629.

EXECUTION SALES:

advertisement: of sale of personalty, 648.

of sale of realty, 641.

cost of, in newspaper, 641.

sheriff's fee for making, 2777.

days appointed for, 643-646.

corporate stock of defendant sold, how, 1215.
no bidders at; return made by sheriff, 650.

notice of; advertisement of, 641, 648.

served on defendant, 642.

served on the governor, when state interested, 642.

penalty for selling contrary to law, 649.

personal property; forthcoming bond having been given, 634.

sale must be made when, 634.

subsequent levies on; when gain preference, 634.

postponed; after advertisement, how, 645.

more than six days; validated, certain cases, 646.

proceeds of, disbursed; allowance for keeping stock, 637, 638.

verified account of expenses filed, 638.

purchaser; not affected by certain variances between judgment and, 628.
of defective title, remedy against defendant, 639.

of trust estate; furnished with deed by whom, 630.

real property; advertised, how, 641.

sold where and by whom, 622.

who executes deed for, 622.

surety's property not sold until principal's exhausted, 2841.

time of holding, in cities, 644.

sale of chattels after levy, 634.

day of, 644.

what property subject to, 629.

EXECUTOR:

action against; on bond, 30, 144.

barred, when, 393, 395 (6).

by successor, 31.

for legacy, etc., 144.

pending, when letters revoked, continued by whom, 165.