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BILLS for discovery, &c. may be filed by owners, freighters, &c. of vessels in Su-
preme Court, in certain cases-how conducted, &c.

BILLS OF BANKS how to be impressed, payment enforced [See Banks.]
out of State less than $5-not to be passed, &c. except

BILLIARDS, table for, no' to be kept by innholders

game of, not to be allowed by innholders in their houses
penalty for playing at, in public houses

BIRTHS and DEAT IS to be recorded by town Clerk, at expense of town

86

499

467

ib.

87

474

parents, householders, master of vessel, alms house, &c. to give notice of, to
town Clerk

ib.

BLASPHEMY and profanity, punishment of

67

BOARDS, inspection of [See lumber.]

BOATS and LIGHTERS for transporting stones, gravel, &c. how to be marked

537

607

penalty if unmarked, or fa sely marked

ib.

inspector of, to be appointed annually by Selectmen

608

to examine and mark anew, when necessary

fees to be regulated by Selectmen

having shell fish on board, without permit, liable to seizure

BODIES POLITIC [See corporations, towns, &c]

BOND required of trustees, when truber, &c. is sold for benefit of heirs

commissioners of wrecks, and remedy thereon

administration, form of

to be given by executors to return inventory or pay debts
by guardians to minors, ideots, spendthrifts, &c.
by trustees of estates of minors and others appointed by will
by trustees substituted in place of others

probate to be examined and approved by Judge before being filed

new may be required by Judge when sureties are insufficient
sureties on, may in certain cases apply to Judge to order new
principal in such bond refusing to comply, to be removed

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of appeal filed in Prob. Court, with reasons, to stay further proceedings
probate, suits on, to be brought in Supreme Court
proceedings thereon to judgment and execution

184

185

185, 186

administration, manner and form of judgment

186

to be given by executors, administrators and guardians licensed to sell real
estate for payment of debts, legacies, &c.

by heirs, to prevent sale, on petition of exec'r, »dm'r, &c.

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by friends or guardians of minors, when licensed to sell, &c. in certain

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190

by executor, administrator, &c. of persons dying out and leaving es-
tate within the State, in county where estate lies

ib.

-

by creditors taking execution against defendant out of State, in certain

cases

210

in cases of replevying a person

replevying cattle and goods claimed by third person
bail, in civil actions, to be returned with the writ [See bail.]
to be given by friends of insane prisoners, discharged at their request
required of person accused as father of bastard child, may be continued
Clerks of the Judicial Courts

Sheriffs

267

254

269

207

281

321

322

sufficiency of, to be examined annually by Court of Sessions, on mo-
tion of Attorney for State

ib.

Coroners, to be approved by Court of Sessions

323

of Sheriff, or Coroner, may be sued by person aggrieved, and such person
shall be entitled to a copy, &c.

324

suit on, to be in county where Sheriff, &c. dwell

ib.

to be given by gaoler when appointed by Governor during vacancy of Sheriff's
office

of Sheriff to extend to breaches by gaoler or deputy Sheriff after death or re-
signation of Sheriff

copy, certified by Treasurer, legal proof, unless signature denied
to be given by Constables and remedy thereon

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of Clerks of Courts and Registers of Probate, what shall be adjudged a for-
feiture

355

pickled and smoked fish

pot and pearl ashes, and deputies

hops, and deputies

stone lime, and proceedings on, when sued

BOND, of Clerks of Courts to be put in suit by direction of Judges, when, &c.
of Constable or Collector to town Treasurer

of deputies of town Treasurer, when appointed by Collector of taxes
of defeasance how to operate in certain cases, if not recorded
when forfeited, judgment thereon how rendered

after judgment on, scire facias or action of debt, or case to be sued for further

damages

required of inspectors of beef and pork and their deputies

butter and lard, &c.

355

385

399

113

158

159

499

508, 509

512

518

521

532

534

542

610

611, 612

613

593

214

442

545

ib.

371

417

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State Treasurer, condition and penalty of

given to Treasurer of State, county, town, &c. may be prosecuted in name of

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BON-FIRES not to be kindled near houses, under penalty

BOOTS, &c. manufacturer and stamping regulated

stamping to be considered as warranty, and penalty for counterfeiting

BOTTOMRY and respondentia [See insurance.]

BOUNDARIES of towns to be run and renewed by Selectmen once in 5 years

of highways, streets, &c. how settled in certain cases

BOXES, to contain fish, for exportations [See fish.]

BRADS [See nails.]

BRANDING [See beef, &c. butter, fish, pot ashes, tobacco, &c.]

BREACH of prisons or aiding, furnishing tools, punishment of

[See guol, prison, &c.]

BREAKING and entering buildings [See burglary and larceny.}

BRIBERY and corruption, penalty for, in giving or receiving

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either party offending in such cases, may prosecute the other, without being
liable to penalty

BRIDGES franchise of, liable to be attached, taken on execution, &c.

[See companies, attachment, &c. also highways.]

BROOKS, &c. [See fences.]

BUILDINGS, fences, &c. fronting on public grounds, where bounds are uncertain,

to be considered the true bounds, if of 40 years standing

in other cases sixty years necessary

when demolished to stop fires, owner to be indemnified

BURGLARY and other breaking and entering buildings, how punished

when offender is armed with dangerous weapou, or makes an assault, or is
accessary before the fact, punishment of

when the offender is not armed and commits no assault

accessaries to, before and after the fact

entering dwelling or other houses with intent to commit felonies in night time
without breaking, or by day with breaking house, punishment of

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certificate of inspection to be produced to Collector and sworn to, before

clearance, by master of vessel

510

penalties for exporting without inspection

ib.

penalty for inspector delaying, neglecting, &c.

not inspected, liable to seizure, in certain cases, on board vessel

counterfeiting inspector's brand

511

BUTTER and HOGS LARD, penalty for shifting contents, after inspection
returns to be made annually to Secretary of State of amount inspected
BYE-LAWS of towns how to be made and approved

breaches of, to be prosecuted before Justices of the Peace

C

511

ib.

370

285

CALENDAR of prisoners to be kept by Sheriff, form and manner

abstract or list of prisoners to be furnished at opening of Sup. Court, and

Common Pleas, with calendar

CALF SKINS, not to be exported if unmanufactured
CAPITAL TRIALS regulated, when accused is mute
peremptory challenges to jurors in, limited to 20

357

ib.

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CARGOES of vessels, wilful destruction-to defraud underwriters, how punished 79

[See vessels.]

CASKS, size and quality of [See inspection-beef, butter, nails, &c.]

CATTLE, horses, sheep, &c. cruelty to, how punished

impounded, may be replevied by owner, and how [See replevin.]
when owner is unknown what proceedings to be had

56, 57

295

horses, horse kind and neat, not to be impounded, if owner is unknown
mode of impounding and securing, notice, proceedings thereon

455

452

neat, may go at large in any season, unless restricted by vote of town

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for market or barrelling, &c. contrary to law, pensity for buying

if breaking where fence was legal, or it clandestinely turned in, may be im-
pounded although some part of fence be insufficient

453

453

451, 456

455

455

508

291

CAUSES CIVIL, speedy decision of, provided for

[See reference.]

CERTIFICATE of Secretary or Treasurer of U. States or of any State may be ad-
mitted in trials for forgery, in certain cases

of Judge of Probate required before granting license to sell real estate of per-
sons deceased, under guardianship, by common law Courts

74

189, 190

of Overseers of poor required before granting license, by Courts, to sell
real estate of spendthrifts, non compos, &c. in whole or part
to be given by Clerks, Cashiers, &c. of incorporated companies to attaching

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of intentions of marriage by town Clerk for Justice or Minister
of fines, costs, &c. to be returned within 50 days from rising of Courts by the
Clerk to office of Treasurer and Secretary of State

276

326

of qualifications of school master and mistress required before employment
of inspectors of beef, pork, &c. to be furnished Collectors of customs before
exportation

403

of inspection required before exportation [See beef, butter, fish, pot and pearl
ashes, hops, mait, tobacco, onions, flaxseed, lumber, nails, fire arms, &c.]
CERTIORARI from Sup. Court to inferior tribunals to correct their proceedings
in forcible entry and detainer to remove proceedings to Sup. J. Court

CHALLENGE to duel-punishment for giving or accepting

acting as second, aiding, abetting, &c. punishment of,
of jurors in capital cases, peren ptorily, limited to 20

CHANCERY POWERS, granted to Supreme J. Court, as to trusts

process, &c. necessary to carry such powers into effect

of Supreme and Common Pleas Courts as to forfeitures of bonds, to enter

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CHARTERER of vessel, in certain cases to be considered owner

CHEATING by false pretences, punishment of,

CHEATS and gross frauds at common law, punishable in Supreme Court
CHILDREN posthumous how to inherit

not named in will of father, to inherit as if intestate

advances made to them to be considered, in dividing estate

503

199

294

53

ib.

213

158

ib.

ib.

541

ib.

ib.

83

78

ib.

120

121

175

178

CHILDREN, of lunatics, non compos, spendthrifts, &c. to have guardians

[See wills, estates, probate, &c.]
CHIMNEYS, stove pipes, &c. in certain towns, penalty for not keeping in repair
CHURCH WARDENS, to be bodies corporate, take lands for pious and charita-

ble uses

CIVIL LAW-rules of, adopted for computing degrees to regulate descents
CITATION to issue from Probate Court to compel disclosure by persons en.
trusted with estate of persons deceased

to administrator, to account for property of intestate
CITIZENS, personal liberty of, protected

not to be transported from place to place, without their consent
CIVIL PROCESS not to be served on Lord's day [See service.]
CLAIMS, against insolvent estates, time and manner of proving

may be determined at law, when rejected by commissioners
or by referees in case

rejected by commissioners, may be prosecuted at common law, on
petition to Sup. J. Court in certain cases, after loss of right
against estates by executor or administrator may be submitted to reference,
in certain cases, by rule before Judge of Probate

CLAPBOARDS, inspection of [See lumber,] dimensions regulated

CLERK of the Judicial Courts to be appointed in each county, by Governor
to keep account of their fees, and account with county Treasurer under
oath, annually, for half surplus above $1000

99

129

121

168

186

90

91

69

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to pay over to county Treasurer in thirty days after rising of Courts, money
received for State or county

321

may be appointed pro. tem. by Courts in certain cases

ib.

to return to State Treasurer within fifty days after Courts' rising, certificates
of fines, bills of costs, &c.

326

to return like certificates to Secretary's office

327

when receiving costs in civil actions in favor of State, to pay it over to coun-
ty Treasurer

338

duty as to executions against principal in suits where bail bond is taken and
returned, to insert name, &c. of bail

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to keep and certify notarial records, after decease of Notary-make copies
to keep and certify copies of Justices' records, under confession act
duty to be paid by, to county Treasurer, on appointment

340

355

341

estate of, liable to make up deficiency in records

355

CLERK of Sessions to transmit copy of county estimates for taxes, &c. and coun-

ty Treasurer's account therewith to Secretary of State, annually

334

CLERK of Supreme Judicial Court to take charge and certify copies of records of

deeds, in certain cases of vacancy of Register

336

CLERK of towns, [See Towns.]

of parishes, [See Parish.]

of market, [See Market.]

Quaker meetings to make return of marriages to town Clerk

proprietors, &c. [See Proprietors.]

CLERKS in State Treasurer's office, guilty of fraud, &c. how punished

278

595

their compensation agreed upon

COHABITATION, &c. after divorce a vinculo, punishment of

COLLECTORS OF TAXES, may be chosen by towns instead of Constables, and

to have warrant from Selectmen or Assessors

dying before completing, Assessors to appoint one to finish collection

280

384

ib.

ib.

to give bond, be sworn, form of oath

385

may distrain and sell at auction goods of delinquents in taxes

386

to give notice before sale, and restore overplus to owner

ib.

may arrest body for taxes if not paid in 12 days after demand, and in certain
cases before expiration of 12 days

ib.

may demand whole amount of tax in certain cases, although payable by in.
stalments

ib.

superceded, may perfect collections of taxes in their hands
may collect taxes of persons removing, whenever found

387

ib.

COLLECTORS may sue for taxes after removal, death, or if female marry

how to proceed in collecting taxes on unimproved lands of non residents, or
improved lands of propriors out of State

how to proceed in collecting taxes on real estate of persons living in the State,
but out of the town, where assessed

to notify attorney, if any, of non residents, before advertising for sale
may require aid, in or out of their towns, when necessary
penalty for refusing aid in such cases

COLLECTORS OF TAXES if taken in execution, to deliver Assessors copy of

all assessments unsettled in their hands

proceedings in case of their refusal to deliver

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liable to pay taxes, of delinquent committed by them, if not committed
within one year, in case of discharge under poor debtor's oath

to exhibit to Selectmen, every two months account of their collections, for-
feiture for neglect and how recovered

when about to remove, before time of payment, mode of settlement with,
by towns

another to be chosen to finish collection

becoming non compos, incapable, &c. Assessors may appoint substitute

having overpaid Assessors, to be refunded
their lists to be delivered Assessors, by guardians

appointed to finish, &c. entitled to such lists

when delinquent, State Treas'r may issue warrant of distress against
deficiency of, to be made up by towns, &c. in case

liable to towns for default

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in case of death their accounts unfinished to be adjusted with Assessors, by
their executor or administrator

when deficient, negligent, &c. warrants may be issued against by Treasurer
of county, town, or parish

warrants or executions against-mode of levying upon real estate of
when committed for delinquency-to have liberty of gaol limits

[See Constables]

COLLEGES, duties of instructors in certain cases

discipline of, further regulated

undergraduates of, not to be credited by retailers, &c. unless

COMMENCEMENT OF ACTION, what shall be so deemed, against executor

or administrator

what

to avoid limitation

↑ COMMISSIONER OF TREASURY, to be appointed by Governor, &c. when
State Treasurer's office is vacant

COMMISSIONERS OF INSOLVENCY, to be appointed by Judge of Probate
to make known times and place of their meetings, for claims

may examine creditors under oath, as to their claims

form of oath to be administered in such cases and how

violation thereof to be punished as perjury

compensation of, by Judge of Probate

[See Probate Estates Insolvent, &c.]

of wrecks to be appointed in counties, by Governor, &c. and to give bond
their powers, duties, &c. in taking charge of shipwrecked goods

to publish statement of facts respecting wrecks, forthwith

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may sell in part for payment of duties, and in certain cases the whole at auction ib.
to account with State Treasurer, if no owner appear within one year

to be prosecuted by Attorney General, if delinquent

to superintend felling of trees, &c. when authorized by Supreme Court,
for benefit of reversioner, &c.-powers and duties of

[See Timber, &c.]

COMMISSIONS OF JUSTICES expiring, provision for such cases

COMMITTEES to lay out highways, appointed by Court of Sessions, powers, du-
ties

407

may be agreed upon, in certain cases to estimate damage in laying out roads
[See highways.]

ib.

viewing to be appointed by Legislature before granting turnpike corporations
[See turnpike.]

477

to be appointed by Judge of Probate to appraise income of real estate in cer-
tain cases [See probate.]

168

--

by Courts to make partition of real estate

See partition]

172, 115

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