TRIAL-Continued.

under the civil code:
jury polled, 891.
by the court, 892.

by referee, 893, 894.

new trial, 896, 897.

actions concerning real estate, 943.
before justices of the peace, 977.

in criminal cases, 1085.
supreme court, 933.

in justice's courts, 976.

right of property, 882, 917, 918, 972.
forcible entry and detainer, 984.

minor offenses before magistrates, 1060.
offenses committed on county line, 1075.
criminal cases, 1080.

when death takes place in another county,
1093.

ejectment suits, 944.

habeas corpus, 1066.

time of, 898.

offenses in unorganized territory, 1084.

TRIAL DOCKET, 898.

copy for bar; printed, 898.

criminal cases entered on, 1073.

robate (county) court, 393.

TRUSTEES. See Executors, Guardians, Vil-

lages.

actions by, 857.

cemetery, 251,294.

dissolved corporation, 955.

endowment fund, 290.

industrial home, 508.

schools, 748.

statute of frauds not applicable to trusts,
when, 448.

TRUSTS.

prohibited; damages; attorney's fees; pen-
alties, 838, 839.

evidence, 839.

exception as to laborers, 839.

TWICE IN JEOPARDY, 16.

UNDERTAKING. See Recognizance.
appeal from decision of council in cities

having over 26,000 inhabitants, 189.

attachment, 877, 884, 970.

by party having property, 877.
by defendant, 879,880.

claim before due, 884.

appearance of witness attached for con-

tempt, 902.

limitation of action on, 854.

UNDERTAKING-Continued.

continuance in forcible entry and detainer,
984.

delivery of goods levied on and unsold, 918.
by receiver on proceedings in aid of execa-

tion, 929.

defendant in error obtain execution, 937.
injunction, 887.

indemnity to sheriff, 918.

before justice for attachment, 970.
to relieve attachment, 973.
arrest, 968.

replevin, 985.

on appeal and error, 938, 981.
indemnity to officer, 990.
appeal to supreme court, 953.
replevin, 874.

suit on, 876.
receiver, 888.

stay of execution, 916, 917.

proceedings in error, 937, 1098.

UNION DEPOT COMPANIES, 324, 325.
UNITED STATES, constitution of, 1-11.
laws of, in force in Nebraska, 14.

Nebraska to form one judicial district, 11.
certificate and patents recorded, 650.
record of entry on lands of, 653.

senator, 40, 42, 453.

UNIVERSITIES. See Colleges.
how incorporated, 288.

under certain circumstances, 316, 31.
UNIVERSITY OF NEBRASKA.

land grant for use of, 14.

lands not sold for less than seven dollars
per acre, 33.

board of regents; election; powers; report;
meetings; compensation, 33, 451, 822.
secretary; bond, 106-108.

colleges; instructors; government, 819, 82.
model farm, 819.

degrees: diplomas; students; fees, 820.

funds, 44, 820-822.

treasurer; disbursements, 821, 822.

USURPATION, of office, 1025.

USURY, provisions concerning, 314a, 537,

538.

VACANCIES.

constitutional provisions, 21, 27.
office of governor, 27.

officers of executive department, 28.
officers of judicial department, 31.
office of sheep inspector, 67.
office of county attorney, 92.

office of police judge, 154, 190, 222.

office of mayor, 150, 160. 175, 194, 225.

judges and clerks of election, 231, 454.
county offices, 369.

in general, 465, 466.

school district board, 747, 748.

county superintendent of education, 751.
board of education in cities, 758, 759, 767,
768.

appraisers of damages on location of road,
720.

nominations for offices, 468 c.

office of warden of penitentiary, 816, 817.
board of regents, 819.

VACATION.

247, 266, 348, 349, 837.

judgments, 939-941, 979, 980.

injunction, 887.

plats, 247, 248.

roads, 255, 720, 721.

dismissal of actions in, 911.

sales confirmed in, 921.

reference of cases, 893.

VAGRANTS, how punished, 1042, 1043.

punishment by cities, 119, 176, 208, 266.

VALLEY COUNTY, boundaries, 340.
VARIANCE.

pleading and proof, 872.

indictment and proof, 1074.

VEGETABLES.

injuries to, 1013.

VENIRE. See Grand Jury, Jury.
jurors, 947.

new grand jury, 1072, 1073.
special, when, 1080.

in justice's court, 976.

criminal cases,

VENUE.

1060.

under the code, 859-861.

change of, 860.

before justices, 947.

'n criminal cases, 189, 974, 975, 1079.
ction against state, 997.

by jury in civil cases, 891.

in criminal cases, 1083.

under fence law, 54-56.

VILLAGE. See Cities of the Second Class.
planting shade trees; tax, 59, 60.
registration of bonds, 103, 104,
compromising indebtedness, 104.
method of organization, 229, 230.
trustees; quorum, journal, 230.

powers; appoint officers, 230, 231.
salary of officers, 231.

by-laws and ordinances, 231.

elections; jurisdiction of justices, 231.

cities of second class may become, 231, 232.

general powers in common with cities of the

second class, 232-247.

acts legalized, 250.

property, 840, 841.

warehouse receipts, 841.

false bills of lading, etc., 1023.

frauds by parties having possession of mer-
chandise by virtue of warehouse re-
ceipts, 1023.

WARRANT, 15.

for arrest, 1056.

issued by whom, 1055.

issued when; contents, 1056.

how executed, 1056.

after indictment found, 1075.
against non-resident, 1075.

by police judge, 188, 220, 225, 227, 280.

under liquor law, 555, 556, 560.

attached to tax lists, 688, 689.
attorney confessing judgment, 911.
in bastardy cases, 503.

commitment to reform school, 658.
commitment to jail, 1089.

commitment for contempt by justice, 993.
commitment for contempt of legislature,

547.

issued by coroner, when, 362, 363.
insanity cases, 514, 520.

execution of death penalty, 1093-1095.
neglecting to serve, 1030.
summoning coroner's jury, 362.

search warrants, 16, 1045, 1063, 1064.
for tramps, 1043.

WARRANTS.

cities of metropolitan class, 137, 144, 150.
cities having over 25,000 inhabitants, 164,

165, 170.

cities of second class, 234, 260–262.

county, 354, 356, 357, 361.

interest on, 538.

WARRANTS-Continued.

receivable for taxes, 689, 690.

township, 379.

redemption of, 704.

treasurer's "warrant book," 704.

for pay of public officers, not issued until
bond filed, 108.

purchase of, forbidden, when, 704.

road fund, 732.

school district, 746.

state, 793, 794, 800, 804.

investment, 777.

state university, 821, 822.

registration of; when payable, 842.

issuance of duplicate, 843.

WASHINGTON COUNTY, boundaries, 340.

destroying deer in, 64.

cannot issue bonds, when, 370.

WASTE, 943.

executors and administrators, 436.
on school lands; penalty, 776.
WATCHMAN, hotels to provide, 507.
WATER RIGHTS AND IRRIGATION. See
Mills and Mill Dams.

right to use of water; how acquired; canals;

ditches, 844, 845.

canals and ditches exempt from taxation,

844.

diversion of water, 844.

priority of rights, 844, 847.

appropriation of water; notice, 844.
construction of work, 844.

former rights, 845.

right of way for canals and ditches, 845,

846.

machines for raising water, 846.

enlargement of ditches, 846.

rights and powers of corporations, 847.

canals for irrigation or water-power works
of internal improvement, 847.
maintenance of canals, 847.
common rights, 847.

right to use of water, 847,.848.
injury to canals and ditches; penalty, 848.
WATER WORKS.

cities of metropolitan class, 125.

cities having over 25,000 inhabitants, 175,
cities having over 10,000 inhabitants, 217,
218.

cities of second class, 236, 267, 277, 278.
WATERS, stagnant, 1039.

drainage, 826-829.

WAYNE COUNTY, boundaries, 340.
WEAPONS, concealed, 119, 1003.

WEBSTER COUNTY, boundaries, 340.

when devise to witness void; when saved,
416.

revocation of; deposit of, 416.

delivery and opening of; duties of executor;

probate of; not effectual to pass title
unless proved and allowed, 416, 417.
foreign wills, 417, 418.

rights of posthumous child and child not.
provided for, 418.

death of devisee before testator, 418.
liability of estate of testator; allowances,
418, 419.

payment of debts; specific devises; liabili-
ties settled; liability of estate of devis-
ees or legatees, 419.

certificate of probate of, 419, 420.
recording; "executor" defined, 420.
letters testamentary and other proceeding
on probate of, 420, 421.

statute of frauds not applicable to, 488.
appointment of guardian by, 495.
disposal of homesteads by, 501.

record of, 648.

stealing, destroying, etc., 1019.

WITNESS. See Depositions, Evidence, Testi-

mony.

against one's self, 16, 928.

attendance of; contempt, 901, 902.

to be brought face to face with accused, 16.
before auditor, 794.

before assessors, 684.

WITNESS-Continued.

before board of transportation, 638.
before commissioner of industrial statistics,
510.

before city council, 186, 217.

before county board, 828.

who competent; who incompetent, 899-901,
1081, 1082.

not incompetent on account of religious be-
lief, 15.

before coroner's jury, 362, 363.

contested election cases, 463, 464.

in probate (county) court, 392, 479.
credibility of, 899, 900.

corrupting; penalty, 1005.
concealment of, 906.

deeds, etc., 645, 646.

depositions, 395, 431, 462, 902-905, 976,
1079.

for defendant in criminal cases, 1079.
before excise board of cities having over 25,-

000 inhabitants, 188 a.

disputes under law relative to fences, 55.
fees, 189, 221, 226, 281, 464, 478, 479,
519.

unclaimed, to be paid into county treas-
ury, 481.

unclaimed paid in treasury, cities of metro-

politan class, when, 154.

may demand fees, 901, 902.

failing to attend trial when a party, 906.
before grand jury, 1072.

cases of habeas corpus, 1066.

before inspectors of penitentiary, 813.
inhabitants of county, competent, 351.
intimidating; penalty, 1005.

before justices of the peace, 975, 1059, 1060.
liquor cases, 553, 557. -

not liable to suit, 902.
of marriage, 564.

before magistrate, 1053, 1054, 1059, 1060.
before police judge, 189, 221, 226, 227, 281.
punishment for contempt, 597, 929, 952,

993.

prisoner may be, 902.

proceedings in aid of execution, 929.
before referees, 893.

receiving reward; penalty, 1030.
recognizance, 1054, 1059, 1073.

refusal to enter into, 1059.

on change of venue, 1079.

subpoenas for, 363, 638, 901, 1072, 1079.

not subpoenaed, when, 901.

how sworn, 901.

names endorsed on information, 1098.