CRIMES AND OFFENCES- Continued. fugitives from punishment of, proceedings to arrest and deliver back, 567–569. of acts constituting or concerning, upon See the several crimes by name, and Proceedings in Courts in Criminal Cases. assault with intent to commit, how punished, 531. CROPS of dower lands may be bequeathed by widow, 506. CRUELTY TO ANIMALS, how punished, and power of justices of peace to fine or CULVERTS over ditches in highways, by whom built, &c., 127. CURRENCY, notes, bills, checks, except of incorporated banks, not to be circulated CURTESY, tenancy by, not affected by married woman's act, or by will of wife, 317, 357. not affected by canons of descent, 373. CUSTODIAN may be appointed by court of probate, of property of deceased person, bond, with or without surety, may be required of, 349. of will, duty of to deliver, and penalty for neglect of duty, 359. DAM, wilful destruction or burning of, how punished, 534. DAMAGES, how to be assessed in supreme court or court of common pleas, if judg- for detention of dower, recoverable by widow in action of dower, but not in witness not appearing upon due summons, liable to aggrieved party for, 451. 458. set-off of judgments for, and judgments, verdicts, awards and reports of audi- recovery of, to amount of one hundred dollars in court of common pleas, neces- double amount of waste done, to be recovered in actions of waste, 512. to be recovered for cutting down, destroying or carrying away trees, tim- in replevin, 520, 521. for laying out highways, &c., by town councils, how settled, recovered and paid, in case of animals damage feasant, how recovered, 225, 226, 227. for flowage caused by mill-dams, how ascertained, 216, 217. See Water-mills. DAMS of water-mills may be kept up by owners, 216. remedy for flowage caused by, and damages how ascertained, 216, 217. See DEAD BODY of debtor not to be attached or seized on any writ, execution or pro- disinterring and removing from place of sepulture, or knowingly concealing DEAF AND DUMB. State appropriation for support and education of indigent governor to select state beneficiaries and fix amount to be appropriated to each, and draw upon general treasurer for same, 158. DEATH of tenant for life presumed from seven years' absence, unless due proof of his of principal, when discharge of bail, 479. DEATHS to be recorded and returned, 189–192. record of, what to contain, 190. certificate of physician as to, what to contain and how to be left, 191. duty of undertakers, &c., as to return concerning, 191. fee of undertaker, &c., for each full report of death, 192. penalty on undertaker, physician, &c., neglecting to make return, &c., as to, 192. record of and copy from, proof of, 192. of parties to action, when extends time of limitation to, 430. DEBT, limitation of actions of, on contracts not founded on specialty, or brought for limitation of other actions of, 429. DEBTORS. See Poor Debtors, Joint Debtors. DEBTS, not satisfied by the commitment or discharge from imprisonment of debtor, mutual between insolvent and his creditor to be set off, 495. And see the DEBTS AND LEGACIES, when bond for payment of may be given by executor, 363. mortgaged lands to be sold for payment of, 367. unclaimed from executor, &c., for five years, to be paid over to town treasurer estates of deceased persons chargeable with debts, expenses, &c., and in what debts due from deceased persons when due, when and within what time, and of actions against heirs and devisees for such debts, and proceedings therein, 380, 381. on bond of executor or administrator for, and proceedings in same, DECLARATION, to be contained at length in justices' writ, 431. when and where to be filed in supreme court and court of common pleas, 446. in action against officers of manufacturing corporations, what to state, 299. how to be acknowledged by tenant in tail, to convey estate in fee, and bar heirs to transfer possession, without livery of seizin or other ceremony, 335. to convey estate in lands and tenements for longer term than one year, to be in 335. town clerk to minute day, hour and minute on, when received for record, 335, remedy against grantor who refuses to acknowledge, 336. how proved, if grantor dies or removes before acknowledging, 336. DEED-Continued. executed out of state, and within United States, before whom acknowledged, how to be executed without the United States, 336, 337. widow's dower saved, 337. made by debtor imprisoned, to be void, when, 482. form of sheriff's deed, and time of attachment to be inserted in, 475, 476. DEDUCTION FROM TAX, for punctual payment, 116. DEMURRERS, to be tried in supreme court by a quorum of two justices, 390. DEPOSIT FUND, commissioners of, and their duties, 52. loan and investment of, how to be made, 52. bond to be given in case of loan of, to a town, 52. DEPOSITS IN BANK, liability of banks refusing to pay, 289. adverse party when entitled to notice of taking of, 452. notification to adverse party of taking, how to be issued, directed and served, 452. how to be taken, 452. returned, and obligation to give, how to be enforced, 452, 453. when to be used, 453. copies of, when may be used, 453. of witnesses induced to go out of state not to be used, 453. taken out of the state, how to be taken, 453. commissioners to take, and when necessary, 453. taken in state to be used out of state, how may be taken, 453. fees of, not taxed in costs unless noted on, 461. may be used in criminal cases, in supreme court and court of common pleas, in perpetuam rei memoriam, who may take, and when may be used, 453, 454. fees for taking, 590. of deponents, 592. DEPUTY-INSPECTORS, of beef and pork. See Inspectors of Beef and Pork. DEPUTY-SHERIFFS. See Sheriffs and Deputy-Sheriffs. DEPUTY-SURVEYORS OF LUMBER. See Surveyor of Lumber. capacity to take as heirs at intestate's death, when necessary to, 373. rule of, by moieties to paternal and maternal kindred explained, 373. descendants of deceased heir, what to take by, 373. of ancestral estate, 373. to bastards, 373. dower and curtesy saved from, 373. DETINUE, limitation of actions of, 429. DEVISE. See Wills. DEVISEES, when liable for debts of testator, and of proceedings against for, 380, 381. limitation of actions against for debts of devisor, 430. DIES, for bank-bills and coins. See Plates and Dies. DIRECTORS OF BANKS. See Bank Directors. DIRECTORS OF MANUFACTURING CORPORATIONS. See Manufacturing DISCHARGE, HONORABLE, of officers and privates, when and how given, and DISCLAIMER, of title, in actions for trespass to lands, necessary to right to tender DISCONTINUANCE, right of plaintiff or appellant to enter in supreme court, how DISTRAINT OF ANIMALS, at large, 223. when and by whom animals at large may be impounded, 223. when animals may be taken from the pound by the owner, 223. penalties received by pound keeper for, how appropriated, 224. when animals impounded may be sold, 224. proceeds of sales, how to be applied, 224. provisions relating to, may be extended to goats and geese, 224. Damage feasant, 225. damages done by such animals, how recovered, 225. appraisal of, when and by whom to be made, 225. notice to owner in case of, when and how to be given, 225. how given if owner is unknown or resides more than six miles from the pound, 225. sale in case of, when and how to be made, 225. notice of sale, how to be given, 226. proceeds of sale, how to be applied, 226. duty of pound keeper in case of, 226. fees of pound keeper for impounding, &c., 226. when person impounding may have his action at law for damages, 226. replevin by owner in case of, and proceedings thereon, 226, 227. proceedings in action for damages against owner in case of, 227. provisions relating to, not to impair right to recover damages by cattle, &c., breaking through division fence, 227. DISTRESS, warrant of. See Warrant of Distress. DISTRIBUTION, of intestate, personal estate, course of, 373, 374. share of, when demandable, and on what terms, 374. unclaimed for five years, to be paid over by executor, &c., to town treasurer and settled for by his voucher, 377. how proceeded for on administrator's bond, 384. DISTRIBUTIVE SHARE. See Distribution. DISTRICT CLERKS of voting districts, when to be chosen and to be sworn, and pro tempore, 80. to record proceedings of district, notify town clerk of district officers chosen, and names of candidates for, to be on one ticket with candidate for moderator, 94. term of office of, when to commence and end, 95. DISTRICT CLERKS Continued. of election of, pro tempore, 95. of new clerk, in case of death, &c., of old one, 95. duties of, in elections, 82, 83, 84, 85. DISTRICT SCHOOLS. See Schools. DISTURBANCE of public worship, schools and meetings for moral, literary and sci- DIVISION INSPECTOR, 605. See Militia. DIVISION OF MILITIA, what to consist of, 604. See Militia. DIVISION OF PROPERTY OF DECEASED PERSONS, jurisdiction of court by court of probate of intestate real estate, upon what application made, 374. decree for, and appointment of commissioners to make, 374. warrant to commissioners of, 374, 375. proceedings by commissioners for, 375. report of commissioners, and record of same, 375. advancement to child or grandchild, how to be ascertained and treated in, 375. application for, by infant heir, how to be made and signed, and who to act for of real estate holden in common by devise, 375, 376. dower lands, after widow's decease, 376. appeal from order of, and expenses of, how levied, 376. quorum of supreme court in cases of, 390. cases of, a vinculis, 319. effect of, a vinculis, when obtained by husband, in different cases, on property of wife, and of allowance to wife out of, 319. from bed and board, and assignment of separate maintenance to petitioner, in jurisdiction of supreme court over, 320. residence of petitioner for, 320. petitions for, in what county filed, heard and tried, 320. power of supreme court to make rules for process concerning, 320. over custody, maintenance, &c., of children, 320, 321. interlocutory decrees on petitions for, and for alimony, 321. DOGS, ordinances concerning, may be made by town councils, 206. may be destroyed by order of court, in what cases, 207. causing or encouraging the fighting of, or the fighting of with other animals, or securities for money bet or lent for betting on such fights, void, 549. DOWER, out of what, and what portion widow entitled to as, 503. right of, how barred by deed of wife, 317. power of attorney of wife to execute deed barring her dower, how to be execu- ted and acknowledged, 317. not affected by deed of husband, 337. provision by husband in his will in lieu of, to be accepted within one year, 358. expenses of assigning, when part of expenses of administration, 378. how to be assigned, in entire inheritances and wood-lands, 503. |