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Administrator de bonis non, to be appointed Alienation of lands how to be made

when executor removes from the state 76 | Aliens, not to keep schools

or living out of the state, refuses to ac Alimony and allowance in cases of divorce

241. ii. 140
or is removed for incapacity ib. security for may be ordered

ii. 545
or dies before the estate is settled 98 Allowance to widows out of their husbands'
may be made party to a suit that is pending ii.464 estates

ii. 147. ii, 418
Admission of inhabilants in towns
432 former allowances confirmed

ü, 419
Adultery, how punished

176 of the husband's personal property to di-
divorce for

rorced wife

ii. 140
Advancements to children
107. ii. 147 Alteration of highways, how made

to be taken towards their share in the dis Amendment of writs

tribution of estates

ii. 148
of wrils of review

ii, 428
Affidavit of notice by executors, &c., how to

of declarations

be filed

360 | Amendments of constitution of the U. States 10
false, making of to defraud underwriters ij. 79

how to be made

Affirmance of judgments on appeals from a

ratification of

25 of constitution of this stale

when appellant does not enter his appeal

how to be made

in S, J. Court
ii. 553 Annual election, when to be held

Affirmation, when to be administered to de Appeal, in audita querela


552 | Appeals from justice of the peace in civil
to officers and others
ii. 274

124, 125
penalty for false, by deponents

in criminal causes

by officers and others

ii. 274
from Common Pleas

ii. 553
form of for witnesses

in partition when allowed

Affrayers and rioters to be stayed by justices 454 from the police court in Boston ii. 584
Africans to be sent out of the State


on report of referees, not allowed 402
Age, at which apprentices shall be free 462

from courts of probate, generally ii. 459
to choose guardians


when to be tried by one judge ii. 428
to make a will

92 where will is prored by depositions 196
Agents of absent and absconding debtors 554

causes appealed, when to be remanded 559
of towns, &c. may prosecute and defend


when to be entered by leave of court in
of proprietors of common lands
ib. case of accident

to be appointed for absent proprietors be-

application limited

fore partition

122 on pleas in debatement and demurrer 168
when service of writs may be made on 554 when costs to be paid by appellant 125. ii. 553
Agreement to refer before a justice

267 from doings of commissioners on insolvent
Agreements, when to be in writing re-


specting real estate


of commissioners of sewers 493
promises for the default of another 333

in pauper causes from justices of the peace 446
for sale of goods

ib. in Suffolk, to the municipal court ii. 40
respecting pleadings to be binding


appellants to recognize with surety 133. 125
Agricultural societies, privileges of

to produce copies of the case ib.
ii. 491. ii. 541 when to enter appeals from justices ib.
duties of respecting premiums
ii. 492 may be entered out of time

to regulate cuttle shows

ii. 541 || Appraisement of estates of deceased per-
Aid may be required by civil officers 494

ii. 417 ii. 461
by justices in absence of sheriffs
495 of lands taken on execution

penalty for refusing

494 | Appraisers of estates of deceased persons,
ignorance not to excuse
495 how appointed

ii. 461
Aids de camp to major generals, compensa-

how to be sworn

tion of

ii. 557. ii, 571 || Appraisers of lands when taken on execution,
Alewires, smoked, inspection and exporta-

how chosen

tion of

ii. 174
oaths of

Alienage, no impediment to taking distribu Apprentices, minors, how to be bound 462
tive share of personal properly
ii. 148 children when bound by selecimen

Aliens and absentees,to be sent from the state 150

when by overseers of the poor 439
estates of, provisions respect-

how relieved from cruelly of mas-

151. 174







when to be discharged from 463 and others to be appointed

may be discharged from the con to notify inhabitants to bring in lists of
464 taxable polls and estates

how punished when refractory 323. ib. suspecting falsehood, may require such lists
master of, dying, covenant to be void

under oath

absconding how to be brought back 463 may apportion additional sum, notes-
liable to answer damages for absconding

ceeding 5 per cent
after full age

464 may add county tax to any other
Aqueducts, proprietors of, made corporations 571 to assign limits to surreyors

Arbitration by rule, before a justice

266 duty of, wheu collectors become infirm or
in court of probate

365 die
witnesses, how compelled to attend 125

may reinit assessments on inhabitants of
Arbitrolors, how appointed on subniission

school districts

ii. 260
before a justice

266 to make and deliver to selectmen a hst of
their power

voters for state officers

ii. 73
award of to be inade to common pieas

267 when to make out list of voters for toren of
may be made known to parties
jb. ficers

ij. 341
Arms, right of citizens to bear

16 to receivé evidence of qualifications ib.
assembling with, prohibited

528 neglecting their duty, penalty, ii. 312
Arrest, security of citizens from

16 Assignees of debts, how to proceed in foreign
execulors and administrators exempted from 103 attachment

it: 41
representatives exempted from, on

of mortgage, how made party to a suit for


ii. 485
members of congress exempted from 3 | Assignment of dower, how made by vrit 119
of judgment not allowed for circumstantial

by probate court 106 ii. 543
169 of real estate to be in writing

Arson, how punished

ii. 127 || Assistance may be commanded by collectors $1
Articles and rules for the government of the Assistant assessors may make out list of
militia in actual service
269 voters

ii. 259
Articles exempted from attachment and exe Attachments of shares of incorporated com-
ii. 151. ii. 352. ii. 434 panies, how made

ii. 106 ii. 519
Ashes, inspection of
391. ii. 565 on personal estate, to hold 30 days

Assaults, how punished by justices


in Nantucket 60 days ü. 170
Assault with intent to commit a rape ii. 149 on lands 30 days

upon a female child, under ten years not dissolved by death of defendant, unless
ii. 392 insolvent

with intent to rob or murder ii. 501 on absent and absconding debtors 465. 554
Assembling with arms or in disguise
528 on estate of non-residents

Assembly, unlawful, punishment of

278 foreign, how to proceed in
suppression of

ib. against erecutors and administrators 103
power of sheriff's in relation to

ib. property exempled from ii. 151 ii. 352 ï. 134
Asses and mules, going at large
344. 430 form of, in court actions

Assessment of taxes, provisions for
217 in justice actions

directions for in tax act

ii. 577 || Atheneum, Boston, incorporated ii. 162
Assessors to be appointed annually 217. 250 executive and legislative officers, to have
refusing, new choice to be made

access to

ii. 164
to be sworn
217 Altainder of treason or felony

penally for refusing

218 Altempt to commit a rape, how punished ii. 149
oath of
220 to rob or kill, how punished

ü, 501
duty of
217| Attestation of wills, how made

compensation of

219 Attornies, how admitted 66. 199. ii. 382
may renew warrants to collectors ii. 28 qualifications and oath

of unincorporated plantations

214 parties may appear by, în court, or man-
refusing to serve, subject to a forfeiture 218 age their own cause

towns refusing to choose, selectmen to be

any person of decent and good character
219 may appear as, by power

to observe warrants from the state trea-

not more than two allowed to each party 200

ib. fees of, taxable in bills of costs, in ciril
liable to warrant of distress for neglect,






in criminal suits
481 before justices of the peace

ii. 92
fees of, not to be affected by sel-off of cross how principal may be surrendered ii. 93
ii. 266 officer to attend and receive hiny

not to buy choses in action
ii. 291 wurrant of commitment

county, how appointed
ii. 172 when liable in civil actions

to be commissioned and sworn
ib. may bring principal ioto court

to take no private reward

ib. may procure him to be committed ii. 441
power and duty of

ib. to give creditor notice within fifteen
Allorney general, appointment of
26 days

not to be county treasurer

ii. 218 to pay costs of scire facias if issued ib.
to prosecute county treasurers, for not ren principal entitled to have prison liber.
dering accounts

406 tjes
to put treasurers' bond in suit:
412 suit against, limitation of

to prosecute for fines
129 remedy ot against principal

for escheats

568 right of prisoners to, before conviction 190
to prosecute inquests of office to revest land

unless indicted the second term

in the stale

394 how taken on charge of larceny or re-
may ble bill in equity for 569 cering stolen goods

ji. 136
to levy varrunts of distress in in all criminal cases may be taken by a'
favor of the state

145 judge of common pleas or two justices
when présent to have direction of all state

of the quorum

ii. 317

ii. 172 Bakers to mark the weight of bread ii. 46
to take no priate reward for public ser Bakers Island, cession of to U. States 507

ib. Ballot, town officers may be chosen by 251
salury of
. 346 | Bank, Massachusetts established

upon vacancy of, when salary to cease ii. 551 charter of continued conditionally ii. 319
to account for fees
379. ii. 346 frauds against

Auction; sales by regulated
473 State, established

ii. 296
Auctioneers to be licensed by the selectmen 473 Banks how to call meelings of stockhold-
on refusal may appeal to the sessions ii. 387

č. 515
selling without hcense, penalty


to have their weights annually proved ii. 96
permitting sales in houses and stores, pe to issue bills in the name of president, di-
ii. 363 rectors and compony

üj. 206
selling goods of serrants or minors, penalty 473 when to use stereotype plotes

not allowed to sell in the night

ib. refusing payment, liable to two per ct.
to keep an account of sales

ii. 211
sheriffs, collectors, executors, &c. may sell real estate of may be taken and sold on
without license
ib. execution

ii. 304
Audita querela, how to be sued
45 sale may be adjourned

Auditors in actions of account
216 deed, how to be given

in actions of assumpsit

ii. 439 property mortgaged to, may be taken for
report of, may be given in evidence ii. 440 their debts

ii. 335
compensation of

ib. mortgage debts, how transferred to pur-
Average among creditors of insolvent estates 152 chaser

among freighters how adjusted ji. 497 conveyances by banks, afterwards to be
Avoiding gales on turnpike roads ii, 124


Aroirdupois weights, standard of ii. 11 may alter their by-laws

ii. 344
Award of arbitrators in a rule before a justice 267 to pay a tax to the state 7. 364. ii. 356

to be made to the next common pleas ib. to furnish abstracts of stock to the trea-
may be first made known to the parties ib. surer

ii. 356
Baggage, infected, to be secured
540 payment of tax how enforced

ii. 318
Bail, excessive, not to be required

17 may emit bills, under fire dollars ii. 129
when to be taken in audita querela 46

not under one dollar ii. 430
in homine replegiando 289 plates for printing bills of, how to be
not to be required of executors and ad-

kept and used

ii. 445. ii. 481

103 directors of, when and how to make an-
nor of tenants in real ac-
nual returns

ii. 336

50! how to be continued to close their con-
in civil actions, regulated


ii. 321 ii. 420


per month


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loans from to the state, how to be enforc-

how paid in case of death

ii. 402 writ of seizin, when stayed

bills of, to be paid at the bank issuing

benefit of, extended to all tenants under

ii. 417 a possession of six years
though made payable elsewhere
ib. || Bigamy, how punished

except drafts over $100

ib. Billiards, playing at, prohibited
president and cashier of, when dispensed

may be punished by indictment 984
with as witnesses

ü. 489 || Billiard-tables, keeping of, prohibited
unincorporated, prohibited


penalty, how recovered
becoming a member of, penalty

ib. Bills of credit, not to be emitted by states
notes of, void

ib. private, not to be issued
Bank bills not to be issued less than one Bills in equity, in case of escheats

ii. 430 Bills of exchange, damage on ii. 532. ii, 513
to be payable at the banks issuing Binding apprentices

439. 462
ii. 417 || Binding over for trial

133. 454
except drafts over $100
ib. to good behaviour

133. 454
plates for printing, how to be kept by Bird Island, preservation of

ii. 477

ii. 455. ii. 481 land at, ceded to the U. States ii. 517
counterfeiting bills, how punished ii. 116 | Birds useful, destruction of, restricted ü, 433
passing counterfeit bills

penalty for killing at certain seasons ib.
having, with intent t pass

ii. 117 damage and penalty to owner of the
Bank shares, bow attached
ii. 106 land

Ï. 434
bow sold on execution

ib. towns may suspend the prohibitions ži. 53
how to be tared

ii. 577 Births to be recorded by town clerk 493
Bark, fraud in sale of

519 || Blasphemy, how punished
Barnstoble probate records, where to be Board of health in Boston, powers of,
ii. 351 transferred to city council

ii. 595
Barristers may be created

66 | Boards and plank, survey of for exporta-
Barrels, how to be made for beef and


88. 136
ii. 22 what deemed merchantable

Bastard children, maintenance of

239 || Boats and lighters for stone, gravel, &c.
fainers of, how to be proceeded against 238 how to be marked

i. 46
order for maintainance of
ib. marks wben to be renewed

ij. 386
concealing death of


deputy inspector of, duty and fees ib.
secret delivery of

ib. | Body, dead, proceedings in relation to 126
Battery, how punisbed
133. 454 digging up, punished

ji. 380
Battery pasture, land at, ceded to United

of debtor not liable on execution for
ii. 184 debt of $5

ii, 272. Ü. 420
Beast how to be replevied
372 of erecutor not to be arrested

Bear; and wolves, bounty for destroy-

of principal, to be liberated, when cre-

78 ii. 440 ditors proceed against agent
Bearer and other fur animals, preserva Bonds, probate, suits upon, regulated 283. 335
tion of


on taking out execution in action on
Beef, weighers of how appointed

ii. 393
probate bonds

duty and compensation

ii. 394

where defendant has not been
purchasing otherwise, penalty,


not to be weighed with steelyards ii. 5

for prosecution of suits

299. 521
Beef and pork, inspection and importation

in action of replerin
of ij. 20. ii. 52. ii. 63. ii. 95. ii. 384 by administrators and executors gene-
selling of, not duly packed, penalty 314

Beggars, sturdy, to be sent to the house

when they live out of the state

of correction


of executors of wills proved abroad, and
Benefit of clergy, not allowed

183 filed here
Berkshire county districted for choice of

for sale of land, where to be filed
register of deeds

328 by clerks of sessions to pay over duties
Bestiality, how punished

ii. 129 by registers of deeds
Betterments of land, when to be found by

by clerks of courts of law
the jury

ii. 178 commissioner of wrecks
when to be paid by tenants

ii. 216 | by father of bastard child

373 375

ii. 462. ii. 417


ii. 378


Bread, manufacture and sale of

ii. 46
by guardians

114 Breaking of dwelling houses in the day
by heirs and legatees to refund
ii. 465 time

ii. 132
by inspector general of beef

ii. 20 Bribery, perpetual disqualification for of-
by deputy inspectors of beef
ii. 53 fice

by inspectors of butter
ii. 30 Bridges, how built and maintained

by prisoner for debt, for liberties of the

private, how to be repaired

180. ii. 20 liability for defects of

by sheriff's

129. 460 proprietors of may regulate the rate of
by coronors
ii. 356 travelling over

ii. 575
by treasurer of the state

410 and dams across Connecticut river,
of defeasance, not affect title to land un-

damage to

ii. 374
less recorded

ii. 65 | Builders, how secured for labour and ma-
penal damages on

terials furnished

ii. 526
judgment on for the whole penalty 579| Buildings to be kept in repair by tenants
Bonfires and pageantry prohibited
528 in dower

Boon Island ceded to United States ii. 265 public, injuring of, how punished

Boots, shoes and leather, when to be Burglury, how punished

i. 152

ii. 15 being armed with a dangerous weapon ii. 152
fraudulently stamped
ii. 16 not armed

Boston, part of Iorchester annexed to ii. 90 accessaries after the fact

ji. 153
treasurer of, to be treasurer of the coun Burning houses, vessels, &c.

ii. 127
ty of Suffolk
ii. 587 hay, corn, fences, timber, &c.

ii. 128
municipal court of established ii. 26 Burying grounds, taking bodies from ii. 380
jurisdiction of

ii. 26. ii. 328 Bushel of salt and grain, weight of fixed ii. 438
police court
ii. 583 of meal established

ii. 339
board of accounts

ii. 586

Butter and lard, inspection and exporta-
board to examine prisoners

ii. 587
tion of

ij. 28. ji, 538. ii. 37
City of, established

ii. 588 | Buying notes and other demands, to make
rights and privileges of

ib. profit by the collection, prohibited ji. 291
city officers, how elected

ii. 589 || Calendar of prisoners to be returned by
powers and duties of

ib, the gaoler at the opening of courts 179
mayor how chosen

ii. 590 Calf skins green, prohibited to be export-
aldermen to be elected annually
ib. ed

common council

ii. 591 || Cape Poge, ceded to the U. States ii. 44
qualifications of electors
in. || Capias or attachment form of

officers to be sworn

ij. 5
from a justice, form of

mayor and aldermen to form one body i Cards, playing at, prohibited

duty of mayor
ii. 59 Carriages, drivers of regulated

ii. 550
to nominate officers

ii. 596 Cashier of banks evidence of when dis-
powers of mayor and aldermen
ii. 593 pensed with

ii. 489
to grant licenses

ii. 594 | Casks, how to be made for beef and pork ii. 22
powers of city council

ii. 595 || Castle island ceded to the United States
to make by-laws


562. ii. 185
grant and assess taxes
ib. Casting vote, who shall have

treasurer how appointed

ii. 596 | Cattle, how restrained from going at large
expenditure of money to be accounted

ii. 15. ii. 101
for to city council


penalty for their being at large on sun-
ward meelings for election of national


ii. 101
and state officers
ii. 597 penalty for rescuing

359. ii. 440
examination of returns of votes


for being at large penalty enhanced ib.
lists of voters, how made

ii. 598

owner of, suffering them to be at
Bounds of towns to be perambulated 250 large, liable for damage

ii. 102
Bounty for killing bears and wolves 78. ii. 440 when to be impounded for damage

Brant point light house, ceded to the U.S.


when owner liable in trespass 357. 359
Brawlers, liable to be committed to house

how to be replevied

358. 373
of correction
323 Cattle shows regulated

ii. 541
Breach of the peace, how punished 133. 454 || Caution, how to be entered respecting
how restrained

133 deeds
of pounds, how punished

in case of spendthrifts

ii. 482


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