pleading to, 190, $ 32.

failure to answer, 190, 33.
new party to, 190, $ 34.
answer to, 190, $ 35.
complaint not dismissed after
cross-bill filed, 190, § 36.
under burnt record act, 1204, § 18.
CROSSINGS, RAILROAD.
highways, signboards put up,
1153, 53.
bell rung
1153, $ 54.

or whistle sounded,

approaches constructed and main-
tained, 1154, $57.

public authorities shall construct,
etc., 1154, 58, 59.

company to pay expense and
$100, 1154, $ 60.

other

railroads, draw-bridges,

etc., 1155, § 61.
not to be obstructed by trains,
1155, $ 63.

flagmen at, 1160, $ 85.
CRUEL PUNISHMENTS in peni
tentiary prohibited, 1175, § 37.

IZED.

UNAUTHOR-

issuing or uttering, 453, $ 54.
CURTESY, ABOLISHED, 540,
SI.
CUSTODY.

of bastard child, 166, § 13.
of children as between husband
and wife, 793, § 16.

of children pending divorce suit,
546, § 13.

upon decree for divorce, 547, § 18.

DAM.

D.

malicious mischief to, 485. $197.
(See Mills and Millers, 976,
SS I-12.)

Copperas creek lock and dam.
177, 30.
DAMAGES.

assessment of, upon default, III,
$41.

on scire facias, 1092, § 10.
in actions on penal bonds, 1095,
$21.

DEATH-Continued.

death of part of executors, 48, § 5.
witness to will, proof of hand-
writing, 1536, § 6.

vacancy in office by, 635, § 125.
of state treasurer, 1461, § 16.
of county collector, 1263, § 151.
of justice of the peace, 908,
$107.

mortgagor or owner of equity;
no foreclosure under power,
994, § 13.

of householder, homestead to con-
tinue, 677, 2.

of master discharges apprentice,
113. § 18.

of principal held to bail in civil
case, 162. § 22.

of partner in limited partnership,
948, § 13.

of principal to note, diligence,
against sureties. 1467, § 3.

of judgment creditor, not to de-
lay collection, 869, § 37.
of judgment debtor, when execu-
tion to issue, 870, § 39.
of bastard, concealing, 449, $44.
of devisees, child before testator,
543, § II.

from injury, action by personal
representatives, 850, § 1, 2.
during disability. (See Ejectment,
610, $ 39.)

penalty - manner of inflicting,
533, 439-442.

place of inflicting, 533, § 440.
who present at, 533, § 441.
DEBT.

imprisonment for, 3, § 12.
state not to assume, 9, $ 20.
jurisdiction of justices in, 836,
$13.

attachment in aid of the action,
131, § 31.

imprisonment for. (See Insolvent

Debtors, 803; Assignments for
Benefit of Creditors, 118, §§ 1-
15.)
DEBTOR, insolvent. (See Insol
vent Debtors, 803, SS 1-35.)

DECISION, rule of, to be according
to the common law, 302, I.
DECISIONS of supreme court,

opinions in writing. 399, 16.
when to be filed, 399, § 16a.
reporter appointed, 17, § 9.
books of reports of, evidence,
666, § 12.

of appellate court, opinion in
writing, 402, § 34.
DECLARATION.

when filed, 1094, § 18.
faulty counts in, disregarded,
1103, § 51.

counts in, insufficient, costs on,
352, § 12.

on book account, 43, § 5.
in suits against heirs, 744, § 16.
in replevin, 1217, § 17.
counts in, joined in action against
railroad, 1170, § 114.

in distress for rent, unnecessary,
919, § 20.

in sci. fa., when unnecessary,
1097, § 27.

time of filing, in attachment in
courts of record, 130, § 25.
in ejectment, time of filing, 605,
$10.

averments in, 605, § 11.
description of premises, and
quantity of estate claimed,
605, S 12, 13.
counts in, 605, § 14.
DECOYS to gaming houses, 470,
$129.
DECREE.

in chancery set aside, 187, § 19.
lien of, 192, $$ 44, 45.
binding on unknown parties, 192,
$43.

execution of, 193, § 47.
sale and redemption under, 864,
SS 16-33.

for deeds, commissioner to exe-
cute, 192,

46.
on failure to answer cross-bill,
190, $ 33.

pro confesso in chancery vacated,
187, § 17.

DECREE--Continued.

evidence required before decree
pro confesso, 187, § 18.

on bill confessed, enforcement
of, 191, 42.

under burnt record act, 187,
$19.

for the adoption of child, 84, $ 3.
for alimony in divorce, lien of,
547, $ 20.

for dowry, lien of, 555, $$ 39.

40.

for balance on mortgage, 995,
$ 16.

(See Chancery, 183, SS 1-51.)
DEDICATION of streets, etc.
(See Plats, 1086, § 3.)
DEED.

warranty, statutory, 308, § 9.
quit claim, statutory, 309. § 10.
mortgage, statutory, 309, § 11.
by officers, recitals in, 309, § 12.
acknowledgment of, 311, § 19-

32.

master may take acknowledg-
ment, 969, § 6.

to be recorded, 315, § 28.
certified copy of, when recorded,
316, 29.

effect of recording as to creditor,
316.30.

when not acknowledged, 316,
$31.
acknowledgment of, by officer,
317, 32.

under foreign wills, 317, $ 34.
deed and copy of record of, evi-
dence, 317, $$ 35, 36.
construction of warranty in, 318,
$ 39.

proof of execution of deed, 319,
41.

commissioner to take acknowl-

edgment of, 296, § 1-9.
title papers, etc., of canal, evi-
dence, 174. § 10.

former deeds by counties con-
firmed, 365, $ 29.
execution and record of, in chan-
cery, 192, 46.

¡DEED-Continued.

of sheriff, master, etc., on sale on
execution or decree, 868, §§

30-33.

by canal commissioners, 172, § 8.
of officers, how indexed in record,
1194, 14.

made as security, a mortgage,
994, § 12.

releases of mortgages by, 993, § 9.
certified copy of, when record
destroyed, 1198, § 6.

lost or destroyed, proof of, 1207,
28.

restoration of, under burnt record
act, 1205, 22.

injuring or destroying, 484, § 194..
recording. (See Recorders, 1191,
$ 1-21; Conveyances, 305; Tax
Deeds, 1280-1283.)
DEFACING.

tombstone, etc., 473,

130.

DEFAULT—Continued.

in attachment of water craft, 141,
$ 19.

new trial after, in ejectment, 609,
$35.

upon suggestion of damages, in
ejectment, 612, 49, 50.
of garnishee, 755, § 8.

in petition under burnt record

act, 1204, 19.
DEFECTIVE COUNT, when ver-
dict not set aside, 1105, § 58.
DEFENDANTS.

discontinuing as to, or making
new, 1096, § 24: 893, 37.
bringing in new, 1096, $ 25.
justice may dismiss as to one or
more, 893, $ 39.

joint liability of, proof unneces-
sary, 1099. $ 36: 897, $58.
abatement for death of. (See
Abatement, 37, SS 1-26.)

DEMAND-Continued.

unnecessary when tenancy termi-
nated by notice, 916, § 7.

of rent in arrear, 916, § 8.
service of, on tenant, how made,
917. $ 10.

evidence of service, 917, § II.
DEMANDS.

shall be indorsed on justice's
summons, 888. § 18.
acquired after suit brought be-
fore justice, 895. § 48.
consolidation of, 895, § 49.
account of, exhibited, 895. $ 50.
against estate, 63, 60-73.
classified, 65, § 70.

against claimant of estate, 65,
§ 66.

of executor, 66, § 72.

in case of assignment for benefit
of creditor, 118, § 2.

against insolvent debtor, 806, § 14.

of Statutes, 1462.)

by, not allowed, 531, § 430.

47.

when goods not returned, 871,
$45.

proceedings on, 871, § 46.

no second bond taken, 871, § 47.
DEMAND.

of fugitive from justice, 745. § 1.
of payment of special assess

ment by collector, 1269, 179.
for taxes, 1264, 155.

to assign dower, damages after,
555, $ 41.

when necessary, to recover rent,
914, § I.

tenant holding over, after, 915, §2.

to bill in chancery, 186, § 16.
to cross-bill, 190, § 32.
affidavit of merits not filed with,
1100, $ 37.
costs on, 351, § 10.
DENIAL.

of execution or assignment of in-
strument, 897, § 56; 1098, § 34-
of facts in habeas corpus, 780, § 19.
DENTISTRY. Ch. 38a; 540j, §§ 1-

IO.