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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the third section of the act entitled "An act to prevent the detention of fines from the proper officers," are hereby repealed.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.

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

ACTIONS, when to be entered,

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,

brought by administrators, executors or guardians, not to abate

275

in what county to be brought,

139, 140

by their removal from office,

225

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

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

67

to be printed, and how distributed,

67

ADDITION of defendant, to be given in all process,

126

ADDRESS of president Washington,

34

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

not to be held to bail in suits against them,

goods of, not subject to attachment in suits against them ex-

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

134

ADMINISTRATORS, not bound by special promise, not in writing,
sole, being removed, a successor to be appointed,

may be removed for cause,

222

224

bond of, proving insufficient, may be required to give further
bond,

225

may resign their offices,

227

with will annexed, may be appointed in certain cases,

with will annexed, have same powers as the executors,
who entitled to be appointed,

242

bond of,

243

how to account for inventory,

244

may bring actions of account against co-administrators,
husbands have right to be, on wives' estates,

244

245, 271

may discharge mortgages,

may be appointed on estates of persons absent three years,
may sue for possession of mortgaged estate,
recovering possession of mortgaged estates, to be seized for
the use of heirs,

may sell estate mortgaged after possession recovered, to pay
debts,

to be allowed compensation for their services,

settlement of accounts of, by court of probate, to be final,

245

246

246

246

247

247

247

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to pay to town treasurers, debts, &c., not claimed in five years,
on insolvent estates, not subject to suits pending commission, 255
on insolvent estates, may refer disputed claims,

252

255

actions against, to be continued until it is ascertained whether
or not the estate is insolvent,

255

to record the death of their intestates,

269

may be appointed, on estate of persons committed to the state

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ADULTERATING food or drugs for sale, how punished,

397

ADVANCEMENT, what,

to be deducted from child's share of ancestor's property,

AGENTS and principals, act relating to,

for sale of goods, may sell or pledge them for a new debt,
how liable for defrauding principal,

AGENT of Providence and Pawtucket turnpike, to be appointed by

the general assembly, and duties of,

AGREEMENT, relative to partition fences, to be recorded,
AID, allowed to sheriffs, &c., in certain cases,
ALE, penalty for selling, without license,
ALIMONY, may be decreed by supreme court,
AMENDMENTS to be allowed in civil process,
to be allowed in criminal process,

ANIMALS, act relative to impounding,

act to prevent certain, from going at large,
impounded, may be replevied, and how,

ANSWER, in court of common pleas, when to be filed,

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ANSWER, in court of common pleas, if real estate be attached,

115

100

99

in court of common pleas, if writ served by garnishee process, 120
in special court of common pleas,
APPEAL, from court of common pleas to supreme court in civil cases,
from justice of peace to court of common pleas in civil cases,
reasons of, when to be filed,

107

134

in actions of account,

181

in actions of dower,

189

in actions of partition,

194

in flowage cases,

206

from decrees of town councils, relative to employment of prop-

erty given for charitable uses,

209

in petitions for benefit of insolvent act,

in probate cases, how, in what cases, and when to be taken, and
effect of,

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from justice of the peace to court of common pleas, in criminal
matters,

406

from court of common pleas to supreme court, in criminal mat-
ters,

407

how,

excessive riding in, prohibited,

APPELLANT, in criminal matters, failing to prosecute, proceedings
against,

in suits on bonds and notes, to pay down costs, and liable to
double costs in certain cases,

APPLICATION for appointment of a guardian, to whom made, and

APPOINTMENT of a guardian, to be notified, and how,

APPONAUG, bridge, act relative to,

APPRENTICES, who may be bound as, by whom, and in what manner,

usage of, to be inquired into by parents and guardians,

absconding, how punished,

408

139

272, 273

274

330

332

277

277

278

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person accused of, to be bailed only by supreme court,

408

ASH lumber, kinds of,

450

ASSAULT, with intent to kill, &c., how punished,

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ASSESSORS OF TAXES, refusing to serve, to be fined,

304

to notify inhabitants to bring in lists of property, before they
assess a tax,

425

may swear inhabitants to their lists of property,

425

to distinguish in tax bills, those who bring in lists and those
who do not,

to assess tax, according to lists brought in, unless known to be
false,

425

427

to distinguish in tax bills, taxes assessed on real, from taxes
assessed on personal estate,

427

to return tax bill to town clerk,

427

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