Justices' Courts-Continued.

Dockets of justices.

entries in, primary evidence of fact, 912.

index must be kept, 913.

must be delivered to successor by county clerk, 914.

proceedings on vacancy of office, and before appointment, 915.
justice may issue process on docket of predecessor, 916.

successor of justice, who deemed, 917.

superior judge, when to designate, 918.

Justices of peace-in cities and counties, 85.

criminal jurisdiction, 115.

élection and term of office of, 85.
extent of civil jurisdiction, 112-114.
jurisdiction, how restricted, 114.
disqualifications of, 170.

not to practice before another, in same county, 171.
not to have lawyer for partner, 172.

may take acknowledgments, 179.

may take affidavits, 179.

cannot issue writ of review, 1068.

cannot issue mandate, 1085.

cannot issue prohibition, 1103.

Justices of Supreme Court-qualifications, 156.

ineligibility of, 161.

powers of, at chambers, 165.
disqualifications of, 170.

not to practice law, 171.

not to have partners practicing law, 172.
powers of, out of court, 176.

Justification-of sureties to undertaking, 1057.
of sureties, on claim and delivery, 513.

of sureties, on arrest and bail, 493, 495.

in defense, to action of libel and slander, 461.
court commissioners may take, 259.

Laborers-liens of, 1183.

See LIENS, ENFORCEMENT OF.

Land-defined, 17.

Landlord and tenant-adverse possession, 326.
may be joined as defendants, 379.

notice of proceedings to be given tenant, 379.
unlawful detainer, 1161.

Law of evidence-defined, 1825.

Laws-are either written or unwritten, 1825.
written law defined, 1896.

Constitution and statutes, 1897.

public and private statutes defined, 1898.
unwritten law defined, 1899.

books containing, admissible in evidence. 1900.

how authenticated, 1901.

Laws-oral evidence of foreign laws, 1902.

recitals in statutes, how far evidence, 1903.
See EVIDENCE.

Leasehold-when subject to redemption, 700.

Legal capacity-want of ground for demurrer, 430.

Letters of administration-with will annexed, to be signed by clerk,

how signed and form of, 1362.

Letters of administration-Continued.

who may obtain, order in which to grant, 1365.
not to issue to partner, 1365.

preference of persons equally entitled to, 1366.
when granted in discretion of court, 1367.
minor, when entitled, to whom granted, 1368.
who disqualified, 1369.

not to issue to married women, 1370.

to be recorded, 1387.

when to issue on, foreign will, 1324.

may be issued on lost will established, 1340.

when issued after final settlement, 1698.

special letters may be issued out of term time, 1412.

Application for.

application for, how made, 1371.

may be granted at regular or special term, 1372.
notice of application, 1373.

contesting application, 1374.

hearing application, 1375.

evidence of notice, 1376.

must be granted, when, 1377.

proofs required before grant of, 1378.

may be granted to others than those entitled, 1379.

Revocation of.

when will be revoked, 1383.

petition filed, citation to issue, 1384.

hearing of petition, 1385.

prior rights of relatives, 1386.

revocation on subsequent probate of will, 1423.

See EXECUTORS AND ADMINISTRATORS, WILLS.

Letters testamentary-form of, 1360.

may issue after final settlement, 1698.

jurisdiction of court in issuance of, 76.

See EXECUTORS AND ADMINISTRATORS.

Letters with will annexed-form of, 1361.
when to issue, 1350.

petition for, when to be filed, 1351.

in case of disability of executor, 1354.
authority of administrator with, 1356.

to be signed by clerk, 1356.

See EXECUTORS AND ADMINISTRATORS.

Liability-confession of judgment for contingent, 1133.
of officer arresting witness, 2068.

officer, when not liable, 2069.

of officer on execution sale, limit of, 697.
See SHERIFF.

Libel and slander-how stated in complaint, 460.
answer in actions for, 461.

what may be given in evidence, 461.
undertaking on action for, p. 670.

Libraries-of whom, exempt from execution, 69û.
License-of attorney to practice, 277.
penalty for practicing without, 281.

Lien-definition of, 1180.

of mechanics, laborers, etc., 1183-1190.
for salaries and wages, 1204-1206.

of judgment not to attach on death of party, 669.
from time of docketing judgment becomes a, 671.
of judgment on filing transcript, 674.

holder of, as purchaser on partition, 786.
actions for foreclosure of mortgage, 726-728.
See FORECLOSURE.

Liens, enforcement of—
Mechanics and laborers.

what property subject to liens, for labor, etc., 1183.
liens for grading and filling lots and streets, 1184.
what interest in land subject to lien, 1185.

effect of lien, 1186.

claim of lien to be filed in recorder's office, 1187.
liens upon separate parcels, how designated, 1188.
claim to be recorded, fees of recorder, 1189.
time of continuance of lien, 1190.

service of summons by publication, 1191.
notice by owner to avoid lien, how given, 1192.
what contractor entitled to recover, 1193.

court to declare rank of liens, 1194.

actions may be consolidated, 1195.

what allowed as costs, 1196.

materials furnished not subject to attachment, 1196.
lien not to impair right of recovery of debt, 1197.
rules of practice, 1198.

new trials and appeals, 1199.

for salaries and wages, assignment of, 1204.

preferred creditors on assignment of property, 1204.

preferred creditors against estates, 1205.

preferred claims on attachment and execution, 1206. 1207.
upon vessels, steamers, and boats, 813-827.

Life estate-termination of, 1723.

Life insurance-policy of, when exempt from execution, 690.
Limitation-of time for issuance of execution, 681.

of time for redemption, 702.

of civil actions, 312.

For the recovery of real property.

when the people will not sue, 315.

when action cannot be brought by grantee of State, 316.

when actions by people, to be brought within five years, 317.

seizin within five years, when necessary, 318.

when necessary in actions, or defense arising out of title to, or
rents, 319.

entry on real estate, 320.

possession, when presumed, 321.

Occupation deemed under legal title, unless adverse, 321.

Occupation, when deemed adverse, 322.

adverse possession under instrument on judgment, 323.

actual occupation under claim of title, deemed adverse, 324.

adverse possession under claim of title not written, what con-
stitutes, 325.

adverse possession, how affected by relation of tenancy, 326.

right of possession not affected by descent cast, 327.

disabilities excluded from time to commence actions, 328.

Of actions other than for recovery of property.

periods prescribed, 335.

within five years, 336.

within four years, 337.

within three years, 338.

within two years, 339.

within one year, 340.

within six months, 341.

within six months, claim against county, 342.

for relief not hereinbefore provided, 343.

where cause of action accrues on mutual account, 344.

actions by the people, 345.

no limitation to actions for recovery of money placed on de-

posit, following, 345.

Limitation-Continued.

Of actions other than for recovery of property.
actions to redeem, 346.

to redeem part of mortgaged premises, 347.

to recover money or property deposited with banker, trust com.
pany, etc., 348

in actions against sheriff, 339, 340.

for slander, 340.

against State, 345.

grantee of State, 316, 317.

on written instruinent executed out of State, 339.

on statute, 340.

on liability created by statute, 338.

to recover stock sold for assessment, 341.

against supervisors, 342.

tax collector, 341.

trespass, trover, 338.

General provisions.

when an action is commenced, 350.

exception, where defendant is out of State, 351.
exception, as to persons under disability, 352.

provision, where person entitled dies before limitation expires,

353.

in suits by aliens, time of war to be deducted, 354.
provisions, where judgment has been reversed, 355.
provision, where action is stayed by injunction, 356.
disability must exist when right of action accrued, 357.
when two or more disabilities exist, etc., 358.

limitations applicable to actions against directors, 359.
acknowledgment or new promise must be in writing, 360.
of time to set aside judgment, and answer to the merits, 473.
limitation laws of other States, effect of, 361.

existing causes of action not affected, 362.

existing statutes, how affected by Code, 9.
the word "action," how construed, 22, 363.
claim to escheated estates, 1272.

contesting will after probate, 1327.

disability, when available on contest of will, 1333.

time during vacancy in administration, effect of, 1501.
action on guardian's bond, 1805.

for recovery of property sold by guardian, 1806.

Lis pendens-to be filed in real actions, 409.
to be filed in partition, 755.
See NOTICE.

Lost papers-copy of, when may be filed, 1045.
Lost will-proceedings in probate of, 1338.
See WILL.

Lunatic-limitations, in reference to, 328, 352.
summons, how served on, 411.

escheated estates, 1272.

cannot be witness, 1880.

Mandamus-to be hereafter designated mandate, 108
See MANDATE.

Mandate-defined, 1084.

when, and by what courts issued, 1085.
jurisdiction in Superior Courts, 76.

In Supreme Court, 51.

power of supreme justices to issue writ of, 165.
power of superior judges, 166.

Mandate-Continued.

writ may issue and be heard at chambers, 1108.
writ, when and upon what to issue, 1086.

substance, must be either alternative or peremptory, 1087.
alternative, when to issue, 1088.

peremptory, when to issue, 1088.

adverse party may answer under oath, 1089.

jury trial, when may be ordered. 1090.

applicant may demur to, or countervail answer, 1091.
motion for new trial, where made, 1092.

provisions to govern new trials on, 1110.

clerk to transmit verdict to court, 1093.

hearing on motion, 1093.

hearing in default of, or insufficiency of answer, 1094.
damages, costs, and peremptory mandate, when decreed, 1095.
service of writ, 1096.

penalty for disobedience of writ, 1097.

Maps and charts-when primary evidence, 1936.
Mariner-proceedings to enforce claims of, 825.
proof of claims of, 826.
See BOATS.

Mark-included in signature or subscription, 17.
Marriage-effect of, on Statute of Limitations, 352.
breach of promise, sittings private, 125.

effect of, on claims to escheated estates, 1272.
no defense in actions for unlawful detainer, 1164.
extinguishes authority of executrix, 1352.
administratrix, effect of, 1370.

how affects limitations, 328, 332.

testimony to establish, may be perpetuated, 2084.

Married woman-when may sue alone, 370.

may defend, in her own right, 371.

may become sole trader, 1811.

as sole trader, responsibilities of, 1820.

proceedings of, on application as sole trader, 1812-1821.
not to be executrix, unless named so in will, 1352.
cannot be appointed administratrix, 1370.

not to be witness against husband, when, 1881.
Masculine-convertible with feminine and neuter, 17.
Material allegations-defined, 463.

only, need be proved, 1867.

evidenco to correspond with, 1868.

Material objects-one kind of evidence, 1827.
as evidence, admitted in discretion, 1954.
jury may be taken to view the premises, 610.
Matter-in avoidance, deemed controverted, 462.
redundant, may be stricken out, 453.

Mechanics-property of, what exempt from execution, 690.
liens of, 1183-1199-see LIENS, ENFORCEMENT OF.
Memorandum-of costs, to be furnished, 1033.

of costs, on appeal, 1034.

Merger-remedies not merged, 32.

Metes and bounds-description by, 455.

Miner-property and implements, exempt from execution, 690.
Mining claims-customs, rules, and usages to govern, 748.
liens of mechanics upon, 1183.

how sold, in probate proceedings, 1529.

CODE CIV. PROC.-62.