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An Act in relation to the board of Prisoners.

The weekly board of prisoners fixed at one dollar twenty-five cents.

It is enacted by the General Assembly, as follows:

The keepers of the several jails shall hereafter be allowed one dollar and twenty-five cents a week for the board of all persons confined in their respective jails.

Passed May session, 1844.

An Act in amendment of an act entitled "An Act to regulate the Fisheries in Palmer's River."

SECTION

1. Seines may be drawn in said river by inhabitants of the state on all days, except Sundays.

SECTION

2. Part of second section of amended act repealed.

It is enacted by the General Assembly, as follows:

SECTION 1. Said act is so far amended as that all persons who are inhabitants of this state may set or draw seines or nets in said Palmer's river, above Kelly's bridge, on every day in the week except Sunday, from the rising to the setting of the sun on those days.

SEC. 2. So much of the second section of said act as is inconsistent herewith is repealed.

Passed May session, 1844.

THE FOLLOWING ACTS WERE PASSED AT JUNE SESSION, 1844.

An Act to regulate the taking of Fish in the waters of this State.

SECTION

1. Persons from without state prohibited from taking fish in this state to be car

SECTION

ried away in vessels.
2. Penalties how recovered.

It is enacted by the General Assembly, as follows:

SECTION 1. No person living without the state shall take any lobsters, tautauog, bass or other fish, within the harbors, rivers or waters of this state, for the purpose of carrying them from thence in vessels or smacks; under a penalty of ten dollars for every offence, and a forfeiture of all the fish or lobsters so taken.

SEC. 2. All penalties and forfeitures accruing under this act may be recovered by indictment or complaint before any justice of the peace.

An Act in amendment of an act entitled "An Act in relation to Justices of the Peace."

SECTION

1. Justices of the peace to make returns to the general treasurer, on first day of May session of general assembly, of fines collected and of costs belonging to state, and pay over same.

2. Penalty for neglect.

3. General treasurer to return names of all delinquents under this act to attorney general.

SECTION

4. General treasurer to commence suits against all delinquents.

5. Repeals certain acts.

6. Sheriff to return all civil commissions
remaining in his hands on first Mon-
day in January, to the secretary.
7. Secretary of state to furnish general
assembly with lists of all commissions
returned to him by sheriff.

8. When act goes into effect.

and war

It is enacted by the General Assembly, as follows: SECTION 1. Each and every justice of the peace den, whether elected by the general assembly or by any town, shall annually on the first day of the May session of the general assembly, make return in writing to the general treasurer, whether he hath collected any fines due the state during the preceding year, and the amount and circumstances of such fines, if any by him collected; and also if any penalties or costs in any civil or criminal suit or process due the state has been in his hand more than one year before said day, and the amount and circumstances of such penalties and costs; and shall pay over said fines, penalties and costs to said general treasurer.

SEC. 2. Each and every justice of the peace and warden who neglects to make return and pay over such fines, penalties and costs as aforesaid, shall, in addition to an action for the recovery thereof, as herein provided, forfeit and pay the sum of twenty-five dollars, to and for the use of the state; to be recovered by indictment before any court of competent jurisdiction.

SEC. 3. The general treasurer shall communicate to the attorney general the name of every such justice of the peace or warden who neglects to make return as aforesaid.

SEC. 4. The general treasurer shall forthwith commence an action against each and every delinquent, for the recovery of the fines, penalties and costs aforesaid; and such delinquent shall be liable to pay all costs of suit, whether he hath collected any such fines, penalties and costs, or not.

SEC. 5. The resolution of the general assembly passed in June last, directing the secretary to issue commissions to such justices only as make return, and also the third section of the act entitled "An act to prevent the detention of fines from the proper officers," are hereby repealed.

SEC. 6. The sheriffs of the several counties shall annually on or before the first Monday of January return to the secretary's office all civil commissions remaining on hand unclaimed, during the then political year; and in default thereof shall be liable to a penalty of one hundred dollars; to be sued for and recovered by the general treasurer, to and for the use of the state.

SEC. 7. The secretary shall, at the May session annually, furnish the general assembly with a list of all commissions returned to him as aforesaid; and shall also furnish the general treasurer with the names of all justices of the peace who refused or neglected to take their commissions as aforesaid.]

SEC. 8. This act shall take effect from and after the passage thereof.

An Act authorizing Town Councils to examine Registries of Voters.

SECTION 1. Town councils that have neglected to examine registries of voters, permitted to do so before the first Monday in October, after notice.

It is enacted by the General Assembly, as follows:

SECTION 1. Any town councils who have omitted to make examination of the registry of their towns on the second Monday of June, as required by the ninth section of an act entitled "An act to regulate the election of civil officers," may make such examination at any time before the first Monday of October next: provided, such examination be public, and notice of the same be given by advertisement in some newspaper printed in said towns, or by posting up in at least three public places in said towns.

An Act relative to Lunatics.

SECTION 1. Keepers of jails in which lunatics are confined to give notice to attorney general, if person or town liable for their support neglect to support them, and he to commence suits for the same.

It is enacted by the General Assembly, as follows :

SECTION 1. Whenever any person or town chargeable with the expense of keeping in jail any lunatic or person fu

riously mad, committed thereto in conformity to the seventh section of the act entitled " An act vesting justices of the peace with certain powers in criminal cases," shall neglect to pay such expense, it shall be the duty of the keeper of the jail to which such lunatic may have been committed, to give notice of such neglect to the attorney general; who shall institute a suit in the name of the keeper of the jail, against the person or town so neglecting, for the recovery of such expense, and prosecute the same to final judgment.

An Act in relation to the duty of Town Treasurers.

SECTION 1. Town treasurer to pay over registry taxes to president or chairman of school committee, for support of schools.

It is enacted by the General Assembly, as follows:

SECTION 1. It shall be the duty of the town treasurer of each town to pay over to the school committee of the town, for the support of public schools, all monies received for registry taxes, upon the order of the president or chairman of the school committee, duly drawn upon such treasurer.

An Act to continue an act entitled "An Act securing to Mechanics and others payment for their labor and materials expended in erecting and repairing houses and other buildings, canals, rail-roads and turnpikes, with their appurte

nances."

SECTION 1. The act referred to continued in force until the rising of the general assembly at their January session, 1845.

It is enacted by the General Assembly, as follows:

SECTION 1. The act entitled "An act securing to mechanics and others payment for their labor and materials expended in erecting and repairing houses and other buildings, canals, rail-roads and turnpikes, with their appurtenances, passed February 7, 1834, be continued in operation until the rising of the general assembly at its next January session.

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INDEX.

A

ABATEMENT, of writs, &c., for want of defendant's addition,

page 126

of certain actions, not to be caused by death of plaintiff or de-
fendant,

ACCESSORIES, before the fact, how punished,

after the fact, who may not be,

after the fact, how punished,

132

398

398

398

106, 127

180

127

106

181, 234, 244

181

181

247

126

ACCOUNT, sued, to be annexed to the writ or declaration,

act concerning actions of,

of defendant, to be annexed to his plea,

balance of, under twenty dollars, may be sued for before a

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settlement of an executor's, administrator's or guardian's, with

which do not abate, by the death of either plaintiff or defendant, 132
against executors and administrators, when to be brought, 134, 255
against guardians, when to be brought,

275

in what county to be brought,

139, 140

brought by administrators, executors or guardians, not to abate

by their removal from office,

225

in favor of and against limited partnerships, how to be brought, 284

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fair copies of, to be kept and recorded by the secretary,
to be printed, and how distributed,

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ADMINISTRATORS, to prosecute or defend the suits of their intestates, 133

not to be held to bail in suits against them,

133

goods of, not subject to attachment in suits against them ex-
cept after suggestion of waste,

133

actions against, when to be brought,

134

de bonis non, may have scire facias or executions on judg-
ments obtained by their predecessors,

134

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