MATTER, how stated in answer, 17. MAYOR'S COURT, is not a court of record, 2. jurisdiction, 6. MECHANIC, has a lien upon personal property for repairs, 167. MECHANICAL PURPOSES, corporations for, 212, et seq. MINING, corporations for, 212, et seq. MINOR, contracts of, how far binding, 107, 108. marriage of, 117, 118. when interested in land sought to be sold must have a guardian ap- pointed, 59. who is, 131. at what age he may select his guardian, 121. at what age he may marry, 131. at what age he may dispose of property by will, 131. property of, to defray expenses, when, 132. MONEY, of estate, disbursement of, 64, 65. defendant may make a deposit of, 178. MORTGAGE, sale of real estate, subject to, 61, 62. upon personal property, 165, 166. sale under, subject to redemption, 172. must be executed and acknowledged, 172, 173. of personal property not good as against creditors without delivery, 185. sham answers or defences, struck from the rolls, upon, 17. defect of jurisdiction may be taken advantage of by, 18. NEW TRIAL, N within what time to be granted, 86. grounds of, 86. when courts required to grant, 25. the several grounds for, 25. party moving for, must give notice, 26. notice of, must be in writing, 26. proceedings in moving for, 26, 27. NON-RESIDENT, share of partition, 69. NOTICE, to parties in probate court, 34. of appeal from justice's court, 87. NOTICE-continued. of justification of sureties, 177. of contents of deed when recorded, 151, 152. of order for sale of real estate, 58. upon the settlement of executor's account, 63. of application for distribution of estate, 65. effect of not being given by executor or administrator, 70, 71. jury, when they retire, must be under the care of, 21. OFFICIAL BOND, of sheriff, when it may be proceeded on, 180. ORDER, of probate court, how issued, 34. of arrest against debtor, 176, 99. may accompany summons, 177. to be entered, upon filing petition for sale of real estate, 58. of sale of real estate, notice of, 58. proof of service or publication of, 58, 59. confirming sale, 61. of arrest against debtor, 99. of arrest against debtor, what requisite to the issuing of, 99, 100. of arrest, to be indorsed on summons, 100. to take specific personal property, how executed, 101, 102. Р PAPERS, copies of, when to be ordered by court for jury, 21. PARENT, power and authority of, over child, 127. may recover for seduction or assault of child, 127, 128. liable for support of child, 128. not under legal obligation to educate child, 128. is the natural guardian of his children, 130. PARTIES, who must prosecute action, 11. when the action may be brought by one for the benefit of several, 11. when representative may prosecute action, 11, 12. who to be made defendant, 12. the court may make, 12. when they may adjourn cause, 83, 84. when they may demand jury, 84. appealing, how known, 87. 245 PARTIES-continued. set-off between, 94. to bills of exchange and promissory notes, liability of, 112, 113. to what entitled, upon dissolution of marriage, 148. PARTITION, of estate, among heirs and legatees, 65, 66, 67, 68. PARTNERSHIP, law of, has not been altered by statute, 221. limited, law authorizing the formation of, 221. limited, provisions of the statute concerning, 221, 222. dissolution of, 222. advantages of the law respecting, 223. PERSONAL PROPERTY, rights of persons to, 141. when sold, possession must be taken by the buyer, 141, 142. change of possession of, how effected, 142. when warranty implied, in contract for the sale of, 145. title to, may be acquired by gift, 147. of decendant, title to, acquired by administrator, 148. title to, may be acquired by will, 148. title to, may be acquired by marriage, 148. possession of, how obtained where it exceeds in value five hundred dollars, 152, 153, 154, 155. how sold by sheriff, 164, 165. proceedings for the recovery of, 100, 101, 102, 103. in action for recovery of, how it may be claimed by third party, 103. to contract of marriage, 117. PETITION, what it must show, when it is necessary to sell real estate, 57. for the sale of real estate is to be verified, 57. application for citation by, 49. PLAINTIFF, who to be joined as, 75, PLEADING, generally, 80, 81, 82. in reference to accounts and written instruments, 82. valid objections to, 82. when amended, 82. variance between proof and allegation in, when disregarded, 82. change of, necessary in order to create a lien, 165, 166. POWERS, of the state, to what subject, 2. given to government of U. S., how to be wielded, 1. PRACTICE, in probate courts, 34. PRINCIPAL, security may bring action against, 93. PRIVATE STATUTE, complaint in action on, 13. PROBATE COURT, may suspend the powers of administrator, 47. may compel the attendance of the administrator, 47. how composed, 2. who is judge of, 6. jurisdiction, 6. executor to be cited before, when, 49, proceedings after citation, 49. practice in, 33, 34. proceedings of, out of term, 33, 34. proceedings of, in term, 34. writs and orders, how issued, 34. citation, or notice to parties, 34. service of citation, 34. proceedings upon application of heirs or legatees for distribution of estate, decree of, as to advancements made to heirs, binding, 68. to certify right of non-resident owner, 69. has control over public administrator, 73. appeal from, 73, 74. to appoint a guardian for an insane person, 132. must order sales of property by guardians, 134. proceedings of, in ordering sales of property by guardians, 134, 135, 136. when incompetent to act, 46. PROCESS, justice may depute individual to serve, 90. justice may issue to any part of the county, 90. PUBLIC ADMINISTRATOR, election, 71. must give bonds, 71. duties and rights in regard to estate in his hands, 71. must make return under oath, 71. adjustment of accounts by, 71, 72. must not be interested, 72. may be indicted and fined, 72. district judge may appoint, to fill vacancy, 72. PUBLIC LANDS, how title to, may be acquired, 148, 149. PUNISHMENT, object of, 226. for contempt, 91. PURCHASE, difference between, and gift, 147. 247 may become corporation how, 206. required to report to surveyor general, 207. profits of, may be reduced by legislature, 208. maps of, to be filed with surveyor general, 208. power of directors of, 207. certificate of stock, to be recorded in the office of the secretary of state, if insolent, is not to make dividend, 208. equities of intestate in, sale of, 61. subject to mortgage, sale of, 61, 62. REAL PROPERTY, complaint, in actions for the recovery of, 13. to what law of descent and distribution, subject, 152. rights to, how enforced, 155. lien on, how acquired, 169. is not a court of record, 2. REDEMPTION, of property by debtor, 193. REFEREES, within what time to make their decision and report, 19. REFERENCE, of issue of law, 19. agreement of parties to make, 19. of issue of fact, 19. by the court, without the concurrence of the parties, 19, 20. REMEDIES, in justices' courts, 96. REPLY, |