The word "sheriff" means the sheriff of the county, or any other person authorized to perform his duties in any case.

66

The word clerk" means the clerk of the court, or any person authorized to perform his duties in any case.

The phrase "of unsound mind" includes idiots, non-compotes, lunatics, and distracted persons.

See section 2714.

A person may know and comprehend an act he is doing, and yet be so mentally unsound as not to be able to do a valid act. Schuff v. Ransom, 79 Ind. 458.

Persons who are mentally deranged in Eggers, 57 Ind. 461.

any form, are of unsound mind. Eggers v.

Persons are either of sound or unsound mind, there being no intermediate condition. Sage v. State, 91 Ind. 141.

Mental depravity, or frenzy arising from passion, is not unsoundness of mind. Goodwin v. State, 96 Ind. 550.

The word "oath" includes the word affirmation, and the phrase "to swear" includes to affirm.

The word "person" extends to bodies politic and corporate.

This clause does not apply to criminal actions. State v. President, etc., 23 Ind. 362.

The phrase "under legal disabilities" includes persons within the age of twenty-one years, or of unsound mind, or imprisoned in the state prison, or out of the United States.

Married women are not persons under legal disabilities, except in special cases. Rosa v. Prather, 103 Ind. 191; City v. Patterson, 112 Ind. 344; Royse v. Turnbaugh, 117 Ind. 539.

Non-residence in the state is not a legal disability. Smith v. Bryan, 74 Ind. 515. Persons under the age of twenty-one years are under legal disabilities. Hawkins o. Hawkins, 28 Ind. 66; Bauman v. Grubbs, 26 Ind. 419.

The word "bond," as used in this act, does not necessarily imply a seal; but in other respects means the same kind of instruments as heretofore.

The word "land," and the phrases "real estate" and "real property" include lands, tenements, and hereditaments.

Growing trees are a part of the realty. Owens v. Lewis, 46 Ind. 488; Armstrong v. Lawson, 73 Ind. 498; Cool v. Peters Box Co., 87 Ind. 531; Hostetter v: Auman, 119 Ind. 7.

An easement in lands is appendant or appurtenant to the land. Davidson v. Nicholson, 59 Ind. 411.

The phrase "personal property" includes goods, chattels, evidences of debt, and things in action.

The phrase "personal property" is a more comprehensive term to designate objects
of ownership than the word "goods." Vawter v. Griffin, 40 Ind. 593.
Promissory notes are personal property. Bush v. Groomes, 125 Ind. 14.
The word "property" includes personal and real property.

The term "property" includes every species of title to lands, inchoate or complete, and rights which lie in contract, executory or executed. Figg v. Snook, 9 Ind. 202. Contracts for the sale of goods are property. Aurora Bank v. Black, 129 Ind. 595.

The word "judgment" means all final orders, decrees, and determinations in an action; also, all orders upon which executions may issue.

The phrase "money demands on contract," when used in reference to an action, means any action arising out of contract when the relief demanded is a recovery of money.

A claim for damages arising out of a tort is not a money demand within this clause. Indianapolis, etc., R. R. Co. v. Ballard, 22 Ind. 448.

Claims for damages on account of breach of contracts are money demands. Ward v. Hershberger, 38 Ind. 76; Baltimore, etc., R. R. Co. v. Crissman, 83 Ind. 167.

"

The word attorney" includes a counselor and every other person authorized to appear and represent a party in an action or special proceeding, in any stage thereof.

The word "verified," when applied to pleadings, means supported by oath or affirmation in writing.

See section 240, and notes.

This section does not apply to the construction of private writings. Cate v. Cranor, 30 Ind. 292.

1310. (1286.) Number-Gender-" Without relief."-858. Words importing the singular number, only, may be also applied to the plural of persons and things; and words importing the masculine gender, only, may be extended to females also; and the words "without relief," in any judgment, contract, execution, or other instrument of writing or record, shall be taken, held, and deemed to mean "without the benefit of valuation laws."

Words imputing the singular number, only, are applied to the plural of persons and things only when it is necessary to give effect to the intention of the maker of a statute. Garrigus v. Board, 39 Ind. 66.

Under this section a husband and wife may jointly adopt a child. Krug v. Davis, 87 Ind. 590.

1311. (1287.) Pending suits.-859. In actions already commenced, the pleadings to be had, the manner of procuring testimony, the examination of parties, the trial and rendition of judgment, and all other proceedings, shall conform to the provisions of this act, as far as practicable.

This section did not apply to pleadings in a cause where the issues were completed before the section was in force. Larsh v. Estep, 8 Ind. 287.

But it applied to the pleadings in actions not at issue. Overhiser v. McCollister, 10 Ind. 41.

If the pleadings were sufficient under the old practice, they were not required to be remodeled under the new. Wood v. Ostram, 29 Ind. 177.

This section does not restore any rights lost before it took effect, by failing to properly preserve the same. Dickson v. Lambert, 98 Ind. 487.

1312. (1288.) Liberal construction.-860. The provisions of this act shall be liberally construed, and shall not be limited by any rules of strict construction.

1313. (1289.) Act not retroactive.-861. No part of this act shall be retroactive; unless expressly so declared.

This section did not affect or prevent the running or bar of the statute of limitations which had run, or began to run, when the_section took effect. McEntire v. Brown, 28 Ind. 347.

1314. (1290.) Existing rights of action, how prosecuted.-862. All rights of action secured by existing laws may be prosecuted in the manner provided in this act.

Where an action on an official bond accrued prior to the adoption of this section, it was held that the amount of recovery was regulated by the laws in force at the time of trial. Collier v. State, ex rel., 10 Ind. 58.

1315. (1291.) Repeal.-867. All enactments of the general assembly on the subject of the competency of witnesses to testify, and all such enactments on the subject of pleading and practice, so far as they relate to circuit and superior courts, except as to pleadings in cases from inferior courts, are hereby repealed; but no right or liability to any penalty or forfeiture shall be impaired by this act, nor shall any right, given by any enactment hereby repealed, be impaired by such repeal, but the same shall be allowed in the manner provided in

this act.

This section does not repeal section 4 of the act of 1855, 2 R. S. 1876, p. 11, providing for the appointment of special judges in certain cases. Bowlus v. Brier, 87 Ind. 391. The word "practice" means the form and manner of conducting suits, and does not apply to the appointment of a judge to hold a court. Bowlus v, Brier, 87 Ind. 391.

[1872 S., p. 24. In force December 16, 1872.]

1316. (1292.) Judges-Quorum-Jurisdiction.-1. The supreme court shall consist of five judges, any three of whom shall form a quorum, and shall have jurisdiction in appeals co-extensive with the

state.

Consent of parties can not confer jurisdiction on the supreme court. It must be conferred by law. Davis v. Davis, 36 Ind. 160.

The judges can not be required to perform other than judicial duties. Ex parte Griffiths, 118 Ind. 83.

[1872 S., p. 25. In force December 16, 1872.]

1317. (1293.) Counties of first district.-1. The counties of Monroe, Owen, Clay, Parke, Morgan, Sullivan, Greene, Knox, Daviess, Martin, Dubois, Pike, Gibson, Posey, Vanderburgh, Warrick, Spencer, Perry, and Orange shall constitute the first supreme court judicial district.

1318. (1294.) Counties of second district.-2. The counties of Ohio, Rush, Switzerland, Dearborn, Shelby, Brown, Lawrence, Crawford, Harrison, Floyd, Clark, Scott, Jefferson, Ripley, Decatur, Bartholomew, Jackson, Washington, and Jennings shall constitut the second supreme court judicial district.

1319. (1295.) Counties of third district.-3. The counties o Tippecanoe, Johnson, White, Warren, Fountain, Montgomery, Clnton,

Boone, Tipton, Hamilton, Marion, Vermillion, Putnam, Hendricks, and Vigo shall constitute the third supreme court judicial district.

1320. (1296.) Counties of fourth district.-4. The counties of Allen, Whitley, Huntington, Wells, Adams, Grant, Blackford, Jay, Delaware, Randolph, Howard, Madison, Hancock, Henry, Wayne, Fayette, Union, and Franklin shall constitute the fourth supreme court judicial district.

1321. (1297.) Counties of fifth district.-5. The counties of Lake, Benton, Porter, Laporte, St. Joseph, Elkhart, Kosciusko, Marshall, Starke, Jasper, Newton, Pulaski, Fulton, Wabash, Miami, Cass, Carroll, Lagrange, Steuben, De Kalb, and Noble shall constitute the fifth supreme court judicial district.

[1867, p. 209. In force March 9, 1867.]

1322. (1298.) Building-Cost.-1. The governor of this state is hereby authorized to cause to be erected, on ground now belonging to the state, a building suitable and convenient for the use of the supreme court and the officers of state, at a cost not exceeding fifty thousand dollars.

1323. (1299.) Law library.-4. When said building shall be completed, the law library shall be removed thereto, and shall be under the control of the judges of the supreme court; and they are hereby authorized to sell, exchange, and purchase books therefor, to be paid for, on their order, out of the general funds in the treasury; and they may make rules for the care and control of the same.

[2 R. S. 1852, p. 1. In force May 6, 1853.]

1324. (1300.) Seal.-2. The supreme court shall have a seal, devised by the judges thereof, a description of which shall be recorded in the office of the secretary of state.

1325. (1301.) Terms.-4. There shall be two terms of such court in each year, one commencing on the fourth Monday in May, the other commencing on the fourth Monday in November; and each term shall consist of thirty days, and be enlarged if the business thereof require it.

1326. (1302.) Authority.-5. Such court shall have authority: First. To frame, direct, and cause to be used, all process; to establish modes of practice which may be necessary in the exercise of its authority, and to make regulations respecting the same, and cause them to be printed.

Second. To establish regulations respecting bonds required in appeals to such court, the amount of the penalties thereof, and for approving sureties thereto.

Third. To establish regulations in relation to giving notice to officers of inferior courts of the granting of stay of execution or of supersedeas.

Fourth. To establish regulations respecting proceedings which are requisite in such court in the exercise of its authority, not specially provided for by law.