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CRIMINALS. See Convicts. Jail. Pris- DAMAGES.-Continued.

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under law relating to fences, 47, 48, 49.
under herd law, 49, 50, 51.

driving stock off range, 54.
dogs destroying sheep, etc., 55.

civil action for, on account of injuries
done by diseased animals, 58, 61.

cities of metropolitan class, 130.
not liable for injuries without direct
notice, 130.

cities of first class, grading streets, 150.
cities of second class; opening streets,
etc., 186.

right of way for railroads, 249.

counties may recover, for injuries to pub-

lic property, 291.

assessment of, upon appropriation of
real estate by counties, 313.
action for, on account of death, 338.
withholding widow's dower, 341.
neglect or misconduct of executors, ad-
ministrators and guardians, 346, 353,

372.

protest of bill of exchange, 471.

paid by liquor sellers in consequence of
their traffic, 498.

under mill dam act, 528.

violating illuminating oil act, 539.

live stock and passengers on railroads,

557.

laying out roads, 629-630.
actions of replevin, 759, 761.
recoverable under the code, 780.
excessive, cause for new trial, 779.

on failure to answer, 793.
in mandamus, 825.
ejectment suits, 823.

quo warranto, 829.

taking animals without leave, 882.
stealing, etc., bees and honey, 883.
injuries to trees, fruit, etc., 886

to cemetery property, 888.

county contracts for building, 897.
obtaining money, etc., under false pre-

tenses, 893.

false weights and measures, 895.
for barratry, 900.

DAMS. See Mill Dams, 526.

DAWES COUNTY, boundaries, 274.
DAWSON COUNTY, boundaries, 274.
DAYS OF GRACE, 470.

DEAD BODIES, disinterring; penalty, 913.
DEAF AND DUMB INSTITUTE, 338.
bond of superintendent, 94.
clothing for inmates, 548.
supplies for, 706.

DEATH.

abatement of actions, 795.

action for, caused by wrongful act, 338.
execution of sentence, 962.

DEBT.

no imprisonment for, 16.
state, 34.

limitation of actions, 741.
DECEDENTS.

accounts of executors and administrat-
ors, 372-374.

administration of estates, 359-362.
bonds taken in probate court, how pros-
ecuted, 375.

claims against estates, 365-372.
conveyances by executors and adminis-
trators, 377-379.

curtesy, estates by, 342.
dower, 339–342.

descent and distribution of real property,
342-344.

of personal property, 359-374
homestead, 453.

inventory and collection of effects, 362-365.
miscellaneous provisions, 378.

suits in case of death or removal of ex-
ecutor, 378.

action by foreign executor, 378.
appeal by executor, no bond required,

378.

jurisdiction of judge at chambers, 379.
mortgaging real estate of intestate, 379.
partition of estates, 375.
partnership estates, 379.

payment of debts and legacies, 365-374.
right of way, 633.

sales by executors, etc., 347-353, 372.
sales by guardians, 344-347.
waste, 341.

wills, 353-359.

DECEIT.

by attorneys, 81.

actions for, survive, 795.

DECREE. See Judgment.
interest on, 483.

stay of execution, 797.

redemption from lien, 802,
DEDIMUS POTESTATEM, 786.
DEEDS.

recorded and indexed, 299, 300, 574.

INDEX.

of improvements on public lands, 455.
execution and acknowledgment, 572, 573.
proof by subscribing witness, 782.
authenticated and proved, 573.
certificate of acknowledgment, 574.
official seal not necessary, when, 575.

time of taking effect, 574.
record; notice, 574.

irregular acknowledgment, 575.
re-recording when lost, 575.

certificate of record, 576.

of married women, 506, 579.

definition of, 578.

after acquired interest of grantor, 579.
alien may convey by, 579.
commissioners of deeds, 576, 577.
tax deed, 609, 610, 624.

of school lands, 680.

in judicial proceedings, 794, 803, 832, 834.
MEER.

destruction of, in certain counties, 56.
DEFACING.

land marks, 887.
legal notices, 888.

mile stones, 887.

tomb stones, 888.

DEFAULT.

in probate (county) court, 333.
when plaintiff fails to appear, 792.

judgment, 793.

party may demand jury, 839.

in justice's court, 854.

DEFENDANT. See Parties, 745. Plead-

ings, 753.

unknown, 759.

DEFENSE.

suit by indorsee; evidence, 471.

by infant, 744.

affirmative relief, 792.

DEFINITIONS.

words in revenue law, 620.

words in real estate law, 578.
school district, 643, 690.
spendthrift, 451.

words in civil code, 868.
words in criminal code, 921.

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contested election cases, 398.

taken by notary public, 534.
subpoena by officer taking, 784.
how and when taken, 785.
exceptions to, 787.

before justice of the peace, 850.
in criminal cases, 949.
DEPOT COMPANIES, 270.
DEPUTIES.

of county attorney, 83.
register of deeds, 299.
short-hand reporter, 329.

not taken as security on bonds, 93,
bonds of, 94.

sheriff may appoint, 305, 306, 380.
clerks of courts may appoint, 329,
appointment by state and county offi•

cers, 380.

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judgment; lien of, 381, 384.

jurisdiction of the court; causes for di-
vorce, 382.

six months residence required, 382.
limitation of action, 386.

not granted, when there is collusion, 382.
petition for; service of process; either
party may be a witness, 382.
alimony pendente lite; costs, 382.
husband prohibited from imposing re-
straint upon liberty of wife, 382.
custody of children, 382, 386.

wife entitled to her real estate, 383.
trustees of wife's property, 383.
alimony permanent, 383.

security for, 384.

dower of wife, 384.

property rights of husband, 384.
legitimacy of children not affected, 384.
divorce on ground of prior marriage, 384.
issue of consanguineous marriages are
illegitimate, 384.

cohabitation after divorce; penalties, 385.
not granted solely on confessions and ad-
missions of the parties, 385.

divorce on ground of adultry denied,
when, 385.

revocation of decree, 385

residence of wife, 385.

marriage after divorce, prohibited, 386.

DIXON COUNTY, boundaries, 274.

excepted from herd law, 51.

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sale of liquor, 498.

of poison, 877.

drugs for females, 877.
pharmacy act, 513.

DRUNKARD.

sale of liquor to, 499.

punishment for being, 498.

DRUNKENNESS, cause for divorce 382.
impeachment officer for, 310.
DUELING, 872.

duty of officers to prevent, 876.
DUMB. See Deaf and Dumb, 38.
DUNDY COUNTY boundaries, 275.
DUPLICATE.

receipt of receiver, evidence, 790.
EASEMENT.

private roads, 633.

taxation of, 585.

EDUCATION. See Schools.

EDUCATIONAL INSTITUTIONS, 263.
change of name, 263,
EGGS, of wild fow!, 883.

EJECTMENT.

occupying claimants, 536.
actions under the code, 822.
ELECTIONS.

abstracts to be made out in duplicate and
sent to secretary of state, 394.

if delayed, messenger sent to county, 395.
preserved by secretary, 395.
amendments to the constitution, 53.

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counting vote; tally list, 392.

ballots rejected, when, 392.

surname of candidate, 392.

list of persons voted for entered on poll
books, 393.

completion of canvass, 393.

canvass, by county clerk, 393, 394.
when clerk is a candidate, 401.
canvass, by state board, 394, 395.
certificates of election, 394, 395.
challenges; oath; questions, 390.

cities of metropolitan and first class, 403.
cities of second class and villages, 170,
171, 201.

consolidation with adjacent cities, 192.
constable shall preserve order, 390.
constitutional provisions concerning, 29.
freedom of elections, 16.

executive officers; returns; tie vote;
contested election, 23, 24.
judicial officers, 27, 28.

electors; qualifications; privileges, 29.
votes to be by ballot, 29.
regents of university, 30.

county and township, 32

officers of private corporations, 34.

who ineligible to office, 35.

adoption of constitution, 36-38.
general election, when held, 37.
United States senator, 38.

contesting elections, 396-399.
grounds for contest, 396.
"incumbent" defined, 396.

contesting, for executive and legislative
officers, heard by legislature, 396.

for judicial officers, heard by supreme
court, 396.

ELECTIONS.-Continued.

contesting, for county judges and ques-
tions voted upon by people, heard by
district court, 396.

for county, city, precinct and village
officers, heard by county court, 396.
procedure in cases of, relative to state
officers; depositions; testimony sent
to secretary of state; ballots and poll
books transmitted; papers delivered
to senate and house; meeting of
houses; opening papers; evidence
preserved, 396, 397.

procedure relative to, for officers other
than executive and legislative; com-
plaint; summons; trial; testimony;
amendment of complaint; process;
fees of officers and witnesses; com-
pelling witness to testify, 398.
inspection of ballots by court; costs;
judgment; tie vote; election declared
void, when; appeal, 398.

counties, for and against offering boun-
ties for wild animals, 58.

suspending operations of herd law, 51.
organization of new counties, 283,
relocation of county seats, 283, 284.
bonds to aid internal improvements,
485-487.

electors; qualifications; disqualifications;
soldiers and sailors; privileges, 29, 386.
residence defined, 391, 392.

electors of president and vice-president,
388.

meeting; election; compensation, 395.
fraudulent ballots, 402.

judges and clerks, opening polls, 388.
oath; vacancies; proclamation at open-
ing and closing polls; ballot box, 389.
receiving ballots; preservation of or-
der; duties where registry law is in
force; challenges to voters, 390, 391.
canvass of votes cast, 392, 393.
return of election; poll books, 393.
fees, 434.

liquors on election days, 498-905.

notice of, made out by county clerk, 388.
to be posted up, 388.
oath, of judges and clerks, 389.

of voter, when challenged, 390.
when challenge not withdrawn, 391.
offenses against election law, 903.
officers to be chosen, 386, 387.
appointment, when, 400.

officers, terms of office, 37, 387, 388,

ELECTIONS.-Continued.
officers, resignation of, 400.
vacancies, 400.
misconduct of, 904.

poll books, form of, 389.

care of, after election, 392.
used in case of contest, 396, 398.
polls, opening and closing, 388, 389.
preservation of order, 390.
proclamation by governor, 388.
primary elections, 402.
registration voters, cities, 407.
representatives in congress, 70.
residence, rules defining, 391, 392.
return of, to county clerks, 393.
to secretary of state, 394.
senator, United States, 387.
schools, 649, 651.

special; rules; canvass, 401.
street railways in cities, 562.
tally list, 391.

tie vote, 392, 393.

time of holding, 37, 386, 387.
treasurer of county ineligible, when, 388.
vacancies in office, 400.

school district, 650, 654.

voting in violation of law, etc., 903.
ELECTIONS IN CITIES, 403.
ELECTORS. See Elections,
EMBEZZLEMENT.

officers of secret societies, 269.
effects of decedents, 361.
estates of wards, 451.

appropriations by officers of agricultural
societies, 44, 45.

in general, 891, 892.

by bank officers, 895.

attorney at law, clerk, etc., 891.
EMINENT DOMAIN.

constitutional provisions, 16, 33.
cities first class, 121.
cities second class, 186.
railroads, 245, 248.

counties, 312, 313.

ditch and drain companies, 728. 729.
EMPLOYEES.

wages exempt, 808.
female protected, 917.
ENABLING ACT, 12-14.

ENACTING CLAUSE of laws, 18.
ENDORSEE AND ENDORSER. See In-
struments Negotiable 470.
ENDOWMENT FUND.

trustee of, how incorporated, 235.
ENLISTMENTS in militia, 385, 386.

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