of the wife by husband a cause for divorce, 140.

suits for partition of lands not to abate by death of any of the parties, 194, 206.
actions not to abate by reason of death of party, 204, 205, 206.
action commenced by public officer not abated by his death, 207.

action of ejectment not to abate by reason of death of plaintiff, &c. 253.

to felony before the fact, how punished, 381, 382.
how tried, 382.

after the fact, how tried and punished, 382.

when to be evidence, 249, 250.

action of, may be brought by and against co-executors, in certain cases, 311.

may be brought by and against co-administrators, 311.

of deeds, &c.

before what officer to be made, 179.

out of the territory, how made, 180.

when to be a bar to subsequent prosecution, 347.

how to be measured, and how much to contain, 176.

by or against county, where brought, 103.
by or against supervisors, how prosecuted, 105.
to be brought against person for obstructing road, 112.
when to be brought to enforce lien on land, 141.
for forcible entries and detainers, how regulated, 149, 150, 151, 152.
against boats and vessels, how brought, 169, 170.
not to be discontinued by reason of vacancy in office of judge, 197.
to be brought in the county where defendant resides or may be found, 201.
when to be commenced by capias, 201,
when by summons, or filing a declaration, 201.
may be brought against defendant, by a fictitious name in certain cases, 202.

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how commenced against county, town, precinct, parish, school district, corporation,

person out of the territory, &c. 202.
when allowed against person out of the territory, 203.
how prosecuted, when one of the parties dies, 294, 205, 206.
what to survive, 205.
commenced by wife when sole, may be prosecuted by husband, 206.
commenced by public officer, may be prosecuted by his successor, 207.
may be consolidated, 210.
when not to abate against company engaged in the transportation of persons, &c. 210.
for wrongs to property, &c. how brought, 211, 212
against executors, &c. when to be referred to referees, 213.
against relatives of deceased person by creditor, how brought, 214.-
against legatees, how brought, 214.

vexatious, penalty for bringing, 218.
of ejectment,

how brought, 250.
use of fictitious names in, abolished, 251.
how commenced, 250.
declaration, what to state and how served, 251.
consent rule abolished, 252.
lease, entry and ouster, need not be confessed or proved, 252.
actual ouster, when to be proved, 252.
verdict in, how rendered, 252, 253.
not to abate by death of plaintiff, nor of one of several defendants, 253.
judgment in, what to be, 254.
new trial in, when to be granted, 254.
damages in, how recovered, 255, 256.
dower may be recovered by, 250, 256.
when to be brought, 258, 259, 260, 261, 262, 263.
of replevin,

when to be brought, 271.
may be brought by executors, &c. in certain cases, 271, 272.
not to lie for property taken by warrant for the collection of tax, nor for property taken

in attachment or execution when brought by defendant, 272.
to be commenced by writ, 272.
declaration in, what to allege and when to be filed, 273.
pleadings in, how regulated, 273, 274.
damages in, low assessed, 275.
judgments in, how rendered, 275, 276, 277.

before a justice, how regulated, 334, 335, 336.
in chancery,

how commenced, 286.
of accouut,

may be brought by and against co-executors, 311.
before a justice of the peace,

how instituted, 322, 323.

of cause before a justice, when to discharge defendant from custody, 326.

to keep a roster of officers, 78.


to keep a local description of regiments, &c. 79.
his salary, 79.

to procure a seal, 79.

who may be appointed, 301.
to give bond, 301.
may bring a writ of error in certain cases, 213.
how to account for personal estate, 303.
to represent the condition of insolvent estates to judge of probate, 303.
to be appointed when executor refuses his trust, neglects to give bond, removes out of

the territory, or becomes insane, 310, 311, 312, 313.
may bring actions of account against each other in certain cases, 314.

how appointed, 83.
when to administer on estates, 83.
to take oath and give bond, 83, 84.
when administration granted to them may be revoked, 84.
may protect property of deceased persons from waste, 85.

their liabilities, 85. See executors and administrators.

penalty for, 350.

a cause for divorce, 140.

how punished, 365.

to children, how made, 305.

when to be substituted for oath, 240.

corruptly and falsely made, to be perjury, 241. ,

not to be performed within one year, or to answer for the debt, &c. of another, or made

upon consideration of marriage, to be void unless in writing, 163.
for sale of goods for $50 or more, requisites to, 163.

with journeymen and apprentices in restraint of trade, not to be made, 136.

not allowed to vote at elections, 38.
may hold real estate, 179.
exception in favor of, in statute of limitations, 261.

cannot be appointed justices of the peace, 319.

when to be allowed wife in cases of divorce, 140.

of process, pleadings, &c. how allowed, 257, 258.
in court of chancery, how allowed, 289,
when allowed in declaration, 207.
how allowed after verdict, 257, 258.
of the return of an officer, 257.
of the award of a venire, 257.


what kinds may run at large, 117.
when liable to be taken up as strays, 118.

cruelty to, how punished, 367.
ASHES. See pot and pearl ashes.

from sentence of court-martial, 70, 72, 73.
from decisions of county commissioners allowed, 106.
from decisions of justices in case of apprentices, 135.
in actions against boats and vessels, allowed, 170.
in case of petition for partition of real estate, allowed, 194.
from decisions of judge of probate, how taken, 297.
from decisions of justice, how taken in civil suits, 332.

in criminal cases, 342, 343, 376, 380.

of the estates of deceased persons, when to be appointed, 302.

how bound in certain cases, 133, 134, 135.
to be educated, 135.
how dealt with when ill-behaved, 135.
may be taken from master for cruelty, &c. 135.

not to be bound by master not to set up his trade in any particular place, 136,

what claims may be settled by, 279.
agreement to submit claims to, how made, 279, 280.

how regulated, 280, 281, 282. See award.

of persons charged with crimes, how regulated, 369, 370.

how punished, 350, 351.

when to be punished by justice, 341.
with intent to murder or maim, how punished, 348.
with intent to rob, how punished, 348.
with intent to commit a rape, how punished, 349.

with intent to commit certain offences, how punished, 350.

to be elected in each county, 44.
may be appointed by county commissioners in certain cases, 45
to assess all property in his district, 45.
to deliver assessment roll to county commissioner, and to his successor, 45.
to make duplicate of roll, 46.

their compensation, 47.

to be delivered to county commissioners, 45.
what to contain, 45.
form of, by whom prepared, 45.
how corrected, 46.
to be accepted by county commissioners, 46.
duplicate of, to be made out by assessor, 46.

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