112
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EVIDENCE. [ART. 37.
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thereafter go before some justice of the peace of the
neighborhood and make affidavit thereof, which affi-
davit shall contain a description of said estray, and
such person shall cause the certificate of such justice
as to such affidavit to be published once in each of two
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To be published
and posted.
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successive weeks, in any newspaper published in the
county where such estray shall be taken up, if any be
so published, and also copies of same to be set up at
not less than three of the most public places in the
neighborhood, if such estray be of the value of ten
dollars or upwards.
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When posted
merely.
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3. If there be no newspaper published in the county
where the estray may be found, or if it be of less value
than ten dollars, in such cases the said persons shall
cause copies of the certificate of the justice of the peace
to be set up at three of the most public places in the
neighborhood where found.
In force and approved March 20, 1868.
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ARTICLE XXXVII.
Evidence.
COMPETENCY or WITNESSES.
2. When a party made witness by his op-
ponent proviso executor, guardian, &c.
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COMMISSION OF SLAVE STATISTICS.
6. Time limited vacancy.
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COMPETENCY OF WITNESSES.
1868, c. 116 repeals section 2 of this article, being 1864, c. 109 sec. 2, [Sup. 109] and
enacts the following as a substitute therefor:
1868, c. 116.
When a party
made witness
by his oppo-
nent
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SEC. 2. When an originial party to a contract or
cause of action is dead, or shown to be lunatic or in-
sane, or when an executor or administrator is a party
to the suit, action or other proceeding, either party
may be called as a witness by his opponent, but shall
not be admitted to testify on his own offer or upon the
call of his co-plaintiff or co-defendant otherwise than
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