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EXECUTOR-continued:

action against-continued.

against sureties on bond, barred, when, 395 (6).
venue of, 421.

bond; given before qualification, when, 29, 319.
mortgage in lieu of, 265.

renewal or increase required, 32.

failure to give, letters revoked, 34.

issued to another, 35.

required, when, 28.

surety company may give, 273.

surety on, released how, 33.

compensation of, 149.

costs; liable for, when suing or defending in bad faith, 1277.
cross-index of appointment of, kept by clerk, 915 (18).

death of; effect on land devised to be sold, 82.

debt of; not discharged by appointment, 51.

proved and paid as others, 89.

deposits funds at own risk, 1793.

duties, etc., in administering estate.

See Administration.

embezzling funds or property of testator, punishment for, 3406.
executor de son tort: defined, 2.

administration by, prior to July 1, 1869, validated, 168.

executor of, disqualified, 15.

executrix marrying; husband gives bond, 28 (2).

letters revoked, when, 28 (2).

foreigner intermeddling as, without giving bond, 28.

holds as joint tenant with other representatives, 166.
letters testamentary; issued to, 29.

revoked, 31, 34, 37, 38.

liability of; for conversion, 167.
for costs, when, 97, 115, 1277.
debt as surety, when, 974.
delay in collecting, 65.

loss of funds on deposit, 1793.

not paying taxes, 2862.

selling personalty out of time, 66.

waste, 167.

oath of, 29, 2360.

power of sale in mortgage, etc., executed by, when, 1031.

powers granted, not affected by chapter on administration, 170.

probate of will; executor may apply for, 3122.

executor competent witness to prove will, 3119.

real estate, sale of; bond given, when, 28.

removal of; effect on land devised to be sold, 82.
who appoints administrator, 14.

renunciation of, 10.

deemed, when, 13.

service of process on absent, when no bond, 163.

EXECUTRIX: See Executor.

EXEMPTIONS:

from arrest in civil actions; women, except in certain cases, 727.

every one, on Sunday, 727.

jurors, when, 1979.

witnesses, while attending court, 1644.

jury service. 1960, 1961, 1980.

poll tax, 1318.

presenting false, at election, misdemeanor, 3401.

EXEMPTIONS continued:

from sale under execution, 685.

personal property. See Personal Property Exemption.

real property. See Homestead.

taxation; municipal bonds exempt, when, 2976.

working on public roads, 2726.

EX PARTE PROCEEDINGS:

begun by petition, how, 718.

clerk hears summarily, 719.

infant's estate involved, judge must approve, 720.

approval by judge prior to February 10, 1887, validated, 721.

EXPLOSIVES:

bombs, etc., firing off, a misdemeanor; exceptions. 3794.
dynamite; killing fish by exploding; misdemeanor, 2466.
sold without a special license; misdemeanor, 3817.

EXPRESS COMPANIES:

corporation commission; duty and power to investigate, 1064, 1066-1071.
demurrage; rates of, fixed by corporation commission, 1100.
discriminating between connecting lines; penalty, 1088.

handling of freight by, at stations, regulated, 1094.

long and short haul rates controlled, how, 1107.

penalty for officer's, etc., failure to make report required, 1089.

for refusing to obey orders of corporation commission, 1087.
rates of; regulated by corporation commission, 1099, 1104-1107, 1109.
revised, when, 1106.

sales of unclaimed freight by, 2637.

schedule of; filed with commission, when; published, 1109.
evidence in all courts, 1112.

transportation allowed of certain freight by, free, 1105.

FACTOR:

doing business as trader, etc., without showing interest; liability, 2118.

FACTS:

examined into by judge on habeas corpus, 1846.

issues of. See Issues of Fact.

judge must not express opinion as to, 535.

FAIRS:

horse entered for races out of its class, felony, 3429.

injuring exhibit at, or going to and from, misdemeanor, 3668.

indictment sufficient, when, 3668.

person entering grounds without permission; misdemeanor, 3669.

FALSE IMPRISONMENT:

costs in civil action for damages for, to whom allowed, 1264 (4), 1266.
limitation, statute of, bars action for, when, 397 (3).

FALSE PRETENSE:

accused tried for, can not be tried again for larceny, 3432.

advances obtained by promise to work and failing, misdemeanor, 3431.
by false representation of subsisting fact, felony, 3432.

written promise to pay from certain fund, misdemeanor, 3434.

displaying false number on oyster boat, 2388.

indictment for, need not state who defrauded, 3432.

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insurance agents making false statements to defraud company, misde-
meanor, 3487.

obtaining premiums by false representation, misdemeanor, 3486.
marriage license obtained by, misdemeanor, 3371.

oysterman's license secured by, 2390.

pedigree of breeding animal falsely represented, misdemeanor, 3307.
person, etc., making, of financial condition, felony, when, 3326.
registration of domestic animal procured by, 3308.

signature obtained by, felony, 3433.

FARO-BANKS:

conducting, misdemeanor, 3717.

FAST DRIVING:

over bridges, misdemeanor, 3780.

violation of regulations concerning automobiles, misdemeanor, 3793.
FEEDING STUFFS: See Food.

FEES: See Salaries.

action by officer to collect, barred, when, 395 (8).
advanced, when, to officers, 1254, 1446, 1859, 2804.
appraisers of damages for erecting mill, 2139, 2140.
of exemptions of debtor, 696.

attorney general, 1084, 2747.

auctioneer, 221.

bank examiner, 2755.

chain-carrier, 2802.

clerk, superior court, 266, 1799, 1234, 2377, 2773.

clerk, supreme court, 2769.

commissioner of affidavits, 2796.

compensation of officers otherwise than by. See Salaries.

condemnation proceedings; commissioner's, in, 2790.

constable, 1666, 2787.

contested elections; fees of office recovered, how, 835-837, 842, 844.
coroner, 2775.

corporation commission turn all, into state treasury, 1114.

costs, in civil and criminal cases, 1249-1308. See Costs.

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mayor, 2934.

mileage allowed to officers. See Salaries.

mills, location of; commissioners', for assessing damages, 2794.

notary public, 2800.

paid by whom, 2804.

partition; commissioner's, in, 2791-2793.

pauper suing, officer can not require, 2804.

pensions; county board of, 2783.

per diem, officers paid. See Salaries.

receiver, 2797.

register of deeds, 2655, 2656, 2776.

salaries paid officers. See Salaries.

secretary of state, 1194, 1233, 1234, 1755, 2742, 3014-3016.

officers making returns to, entitled to, 2743.

turns certain fees into state treasury, 2741.

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FEES continued:

sheriff, 1859, 2777, 2883.

solicitor, 1084, 1288, 2767, 2768.

state board of health, for analysis of water supply, 3055.
state librarian; fees of, for copying, 2748.

witness, 2803.

FEE SIMPLE:

conveyances construed to be in, when, 946, 2673.
devises construed to be in, when, 3138.

estates tail converted into, 1578.

gifts to slaves convey in, when, 949.

lost deed, registry destroyed, presumed to be in, 1602.

FEIGNED ISSUES:

abolished; questions of fact tried, how, 357.

FELLOW SERVANTS:

railroad employee injured by negligence of; company liable, 2646.
killed, personal representative sues, 2646.

FELONY:

arrest on Sunday for, 2837.

defined, 3291.

punishment for, where none prescribed by statute, 3292.

FENCES:

barbed wire; building, unlawfully, in certain counties; misdemeanor. 3769.
cutting wire, or injuring same; misdemeanor, 3413.

injuring wilfully; misdemeanor, 3673.

joint; built by owners of land on both sides, when, 1664.

how removed; notice required, 1671.

removal of, when crop growing; misdemeanor, 3412.
repaired after notice, how, 1670.

when owner adjoining can be made to pay half, 1665.
how value appraised, 1666-1669.

verdict of jury; registered; judgment, 1668, 1669.

lawful; height of, in different counties, 1660-1662.

watercourses declared, how, 1663.

removing, from around graves; misdemeanor, 3681.
stock-law fence, etc., 1672-1686. See Stock Law.

tearing down, misdemeanor, 3411.

tearing down, wilfully; misdemeanor, 3673.

tenant injuring or removing, misdemeanor. 3686.
valuation of, by jury, in action for contribution, 1666.
verdict of jury, 1666, 1667.

registered by register of deeds, judgment, 1668.
watercourses declared to be lawful, when, 1663.

FERRIES:

action against owner of, for damages, how brought, 2709.
appeal from county commissioners as to, 2690.

bond given by owner of, 2709.

condemnation of land for site for, 2691.

damages by, indemnity bond for, given, 2709.

existing, by virtue of any court order, declared public; 2681.

owner; failing to keep up public, etc., penalty, 2707.

may build a toll bridge instead of ferry, 2708.
must erect draw in, when, 2708.

passenger on, delayed; remedy, 2709.

FERRIES-continued:

petition to establish, 2684.

costs adjudged, on hearing, how, 1268 (5).
granted or refused, 2690.

notice of, given how, 2684.

powers of county commissioners over, 1318 (8).
tolls of; regulated by county commissioners, 2707.
charging greater rate than fixed, penalty, 2707.

ferry owner building bridge instead must charge, 2708.
unauthorized, conducting, within five miles of public; penalty, 2710.
mail carriers may use for certain purposes, 2710.

FERTILIZERS: See Volume II.

common carriers failing to inform board agriculture, misdemeanor, 3819.
manufacturing, of fish unlawfully caught, misdemeanor, 2438.

removal or sale of, after being condemned; misdemeanor, 3820.
sale of; when ingredient deleterious to plants, misdemeanor, 3818.
in violation of regulations; misdemeanor, 3821.
without tags; misdemeanor, 3822.

FINANCE COMMITTEE: See County Finance Committee.

FINES:

embezzlement of; felony, 3594.

imposed by court; paid to county treasurer, 1378.

go to school fund, 1378.

judgment for, docketed, force of, 3282.

execution on, stayed, pending appeal, 3282.

mayor may sentence to work on street to pay, 2937.

officer failing to file statement with education board, 3579.
penalties. See Penalties and Forfeitures.

prisoner refusing to pay, sent to jail, when, 1308.

record of, kept by clerk, 915 (20), 1377.

kept by justice, 1377.

by treasurer, 1398 (4).

report of, to state superintendent of public instruction, 1378.

FIREARMS:

carrying concealed, 3708.

conveying to prisoners to effect escape; felony, 3662.

detectives in bodies of more than three carrying; misdemeanor, 3703.
furnishing, to lunatics or convicts, misdemeanor, 3517.

selling, to minors, 3832.

shooting fish, misdemeanor, 2456, 2466, 3418.

or throwing at train, misdemeanor, 3763.

on bridge across Trent river at New Bern, 2456.

wild fowl in certain places, misdemeanor, 3473, 3474, 3476-3478.

FIRE DEPARTMENT:

buildings; regulations as to erection and inspection, 2981-3011. See
Buildings in Towns.

chief of; appointment and compensation by municipal authorities, 2981.
acts as building inspector, 2982.

duties as building inspector, 2982.

fireman exempt from jury duty, 1980.

FIRE INSURANCE: See Insurance; also Volume II.

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