AMENDMENTS OF THE CONSTITUTION, how proposed and made, 41, SECT. 43.
of process, court may order, 223, § 31.

ANIMALS, restraint of, from running at large, in towns, 122, § 81.
in villages, 123, 124, § 2 to 8.

within limits of railroads, 200, § 41; 204, § 64.

attached, provision for appraisal and sale of, 245 to 247, § 27 to 34.
impounding of. See Pounds.

noxious, bounty for killing, 527, § 2; how obtained, 527, 528, § 3 to 7.
exhibition of, 566, § 20, 21.

killing, maiming, attempting to poison, &c., certain, how punished, 548, § 21.
ANNUAL MEETING, construction of term, 68, § 3.

APPAREL exempt from attachment or execution, 311, § 14.

WEARING. See Wearing Apparel.

exempt from taxation, 451, § 7.

APPEAL from judgment of justice allowed, 238, § 70.

recognizance to be given, 238, § 71, 72.

appellant to enter copies in county court, 238, § 73.

may tender confession or amount of judgment, 238,
74.

effect of such confession, 238, § 75.

in what cases not allowed, 239, § 76.

upon writ of review, 237, § 64.

party neglecting to enter, judgment may be affirmed, 222,
20.

costs recoverable on, 595, § 18, 20.

right of parties to plead in offset on, 283, § 6.

by trustees, 266, 267, § 80 to 87.

on proof of unacknowledged deed, 386, § 17.

in cases of forcible entry and detainer, 307, 308, § 21, 22,
28, 31.

in prosecutions for breach of the license laws, 506, § 6.
where party has been unjustly deprived of, county court may
allow, 281, 8 to 10.

in such case security for costs required, 281, § 11.
supersedeas may be granted, 281, § 12.

copy of process and recognizance to be taken
and filed, 282, § 13.

proceedings, if original process is not returned,
282, § 14.

from order of removal of pauper, 131, 8; trial of. 131, 69, 10.
from appraisal of damages by railroad commissioners, 196, 22.
from decree of court of chancery, 217, 79 to 83.
from order of chancellor respecting insolvent banks, 497, § 101.
right of, in case of person claimed as slave on habeas corpus, 537, § 10.
proceedings thereon, 538, § 11.

from probate court, 324, § 28.

bond to be given on taking, 324, § 29, 30.

notice of, to be given to adverse party, 324, 6 31.
copies of, to be entered in county court, 324, § 32.
proceedings on, in county court. See County Court.
affirmance, in case of neglect to enter, 324, 35.

bond for, how prosecuted, 324, §30.

when prevented by fraud, accident or mistake, supreme court may
allow, &c., 280, 281, § 6, 7.

from decision and report of commissioners, in what cases and under what regulations allowed,

353, § 20.

notice of, when and how given to adverse party,
353, 21.

notice of, to be published, when by executor from
disallowance of claim in his own favor, 354, § 28.
copies of, &c. to be filed in county court, 353, § 22.
proceedings upon in county court, 354, § 23 to 26.
See County Court.

affirmance upon neglect to enter, 354, § 25, 26.
may be taken by creditor, heir, &c. if executor
neglect, 354,

27.

when prevented by fraud, &c., supreme court may
allow, &c., 280, 281, § 6, 7.

from orders and decrees for partition and distribution of estates, 370, § 18.

See Partition.

from appointment of, or refusal to remove guardians, 418, § 67 to 71.

APPEARANCE of parties in justice courts, 234, 235, § 42 to 44.

APPLES, standard measure of, 440, § 24.

APPLICATIONS to the general assembly, 66, ch. 3.

notices of certain applications to be published, 66, 67, § 1 to 6.

APPORTIONMENT of senators, 47, ART. 23; 52, § 12.

APPRAISAL of lands entered on and occupied by railroad corporations, 195, 197, § 20, 29.

of property for purposes of taxation, 455, § 26, 27.

of estates of deceased persons, 340, § 2, 3.

to be made of estates of wards, except, &c., 410, § 23.

See Appraisers.

APPRAISERS of estates of deceased persons to be appointed by probate court, 340, § 2.

to be sworn, their duty, 340, § 3.

APPRAISERS. (Continued.)

of estates of deceased persons, fees of, 605.

of real estate set off on execution, appointment and duties of, 312, § 23, 25.

of damages done by beasts impounded, 518, § 6 to 8.

APPRENTICES, children, at what ages and by whom bound as, 419, 420, § 1, 2, 3, 6, 7.
minors above fourteen to sign indenture, 419, § 3.

indenture of two parts-when selectmen to approve, 419, § 4.

by whom kept, 419, 420, § 5, 8.

overseer of poor may bind children of paupers, 420, § 6, 7, 8.
money for consideration of service to be paid or secured to, 420, § 9.
parents, guardians, &c. to inquire into treatment of, 420, § 10.

of, &c., 420, § 11, 12.

in manufacturing establishments, selectmen to inquire into condition
abuse of, &c., master liable for,-proceedings, 420, 421, § 13 to 18.
guilty of gross misbehavior or neglect, answerable in the county court, 421, § 19.
powers of county court in such case, 421, § 20.

parties to indenture liable to action, 422, § 21.

wilfully absenting themselves, master may recover damages, 422, § 22.

discharged, court may make order for settlement, refunding money, &c., 422, § 23.
discharged on death of master, 422, § 24.

females included in provision, 422, § 25.

AQUEDUCT, associations for the support of, 499, § 1.

ARMIES STANDING, ought not to be kept up, 33, ART. 16.

ARMS, right of people to bear, 33, ART. 16.

person conscientiously scrupulous not compellable to, if, &c., 32, ART. 9.
exempt from attachment or execution, 311, § 14.

ARREST OF BODY on mesne process, officer to give copy on, if required, 248, § 44.
officer arresting to commit defendant unless property or bail is furnished, 248, ‍§ 45.
commitment in such case, where to be made, 248, § 46.

when commitment may be made in adjoining county, 248, 47.

officer to leave with jailer copy of process on which commitment is made, 248, § 48.

if no bail is given, when commitment to be made on execution, 575, § 19.

on final process, 311, § 18.

of female not allowed in actions on contract, 251, § 66.

in actions on contract since 1 January, 1839, forbidden, 251, 67, 68.

except upon affidavit that deft. is about to remove, &c., 251, § 67. See Debtors, Imprison-
ment of.

further exception in case of attorneys, 251, § 69.

privilege from, in case of persons attending upon the legislature, 64, § 83.

of

witnesses, 275, § 17.

may be plead in abatement, when, 252, § 73.
defence to action on jail bond, 252, § 74.

persons disturbing the peace may be made by sheriff without warrant, 97, § 10.
of person for robbery or larceny, officer making, to secure property, &c., 547, § 14.
ARSON, how punished, 545, § 1, 2.

attempt to commit, how punished, 545, § 4.
ARTS MECHANIC. See MECHANIC ARTS.
ASHES, how attached, 244. 245, § 20, 24.

standard measure of, 440, § 23.

ASSAULT, with intent to kill, 542, § 14.

-

sale of, on execution, 310, § 5.

commit murder, 542, § 19.
rob, 543, § 20, 21.

steal, 543, § 21.

commit rape, 543, § 25.

AND BATTERY, how punished, 557, § 1.

limitation of actions of, 378, § 6.

restriction of costs in actions of, 595, § 22, 23.

ASSEMBLE, right of people to, to consult for common good, 33, ART. 20.

ASSEMBLIES lawful, punishment for disturbing, 559, 10.

ASSEMBLY GENERAL. See General Assembly.

ASSEMBLY JOINT. See Joint Assembly.

ASSESSMENT of kindred of poor persons for their support, 133, 134, § 17 to 24.

for purposes of taxation. See Taxation.

on shares in railroads, banks and private corporations. See those Titles.
of damages. See Damages.

ASSESSORS. See Listers.

acts of majority of, valid, 121, § 76.

ASSETS OF ESTATES OF DECEASED PERSONS.

wearing apparel, provisions, &c. not to be deemed, 340, § 4.

sum recovered by executor as trustee not to be deemed, 343, § 19.

proceeds of real estate sold to be deemed, 345, § 35.
distribution of, among creditors, 355, 356, § 33 to 42.

ASSIGNMENT of breaches in suits on bond, covenant broken, &c., 226, § 52, 53, 54.
of contract, notice of, necessary to enable assignee to plead in offset, 283, § 4.
of negotiable paper, notice of, necessary to prevent attachment by trustee process, 262, § 45.
validity of, against trustee process, may be tried, &c., 262, § 45.
of lease of land, for more than one year, to be by deed, 387, § 26.

of poor debtor's property may be made to creditor for purpose of taking poor debtor's oath,
578, 6 44.

of all of real estate owned in common, to one or more, when partition of it is impracticable,
302, ó 14.

of whole of real estate to one of heirs, instead of dividing, 369, § 12.

ASSIGNMENTS GENERAL void as against creditors, 390, § 6.

ASSISTANCE to be afforded to sheriff and other officers, 97, § 11.

in breaking jail, how punished, 555, § 11.

in escaping from officer, how punished, 555, § 12.

ASSISTANT CLERKS OF THE HOUSE OF REPRESENTATIVES, appointment and duties of, 66,
$5,6.

JUDGES OF THE COUNTY COURT, election of, 45, 46, ART. 14, 19, 20; fees of, 598, § 13.
See County Court.

LIBRARIAN, appointment and duties of, 75, § 6.

compensation of, 75, § 6.

debenture of, by whom certified and paid, 75, § 7.

SECRETARY OF THE SENATE, salary of, 597, § 7.

TOWN CLERK, appointment and duties of, 117, § 40, 41.

ASSOCIATIONS, to support the gospel-to provide a house of worship-to provide a parson-
age-to provide a burying ground-to establish literary institutions-to promote literature,
&c. by library, &c-to provide water by aqueduct-to have powers of a corporation,499, §1.
also, to maintain fire companies, &c., 499, § 2.

to distribute the Holy Scriptures, 500, § 3.

to assist indigent churches, 500, § 4.

to be formed by written articles, 500, 5.

provision for first meeting of, 500, § 6.
may adopt name and seal, 500, $7.

may enact by-laws, 500, § 8.

corporate powers of, 500, 501, § 9 to 14.

records and recording officer of, 501, § 13.

subject to legislative control, 501, § 15.

for encouragement of agriculture. See Agriculture, &c.

domestic manufactures. See Domestic Manufactures.
mechanic arts. See Mechanic Arts.

ASSUMPSIT, limitation of action of, 378, § 5.

ASSURANCE respecting credit of another to be in writing, &c., 389, § 3.

ASYLUM FOR THE INSANE, annual appropriation for and expenditure of, 136, § 37 to 42.
trustees of, to report annually, 136, § 40.

ATTACHING CREDITORS, subsequent, may be permitted to contest claim on which previous
attachment is founded, 223, § 34.

rights of, in sale of property on attachment, 246, § 28.

ATTACHMENT, form of writ of, 606.

writ of, how to issue, 242. § 2.

how to be served when goods are taken, 244, 245, § 17, 20 to 24.

when hay, grain, &c. are taken, 244, 245, § 20 to 24.

officer may remove property taken by, 245, § 24.

of body. See Arrest.

of real estate, manner of, 245, § 25.

how long to hold, 253, 254, § 83, 84.

of personal estate, how long to hold, 253, 254, § 83, 84.

sale of goods on, before judgment, 245 to 247, 27 to 34.

of perishable property and animals, and disposition of, 246, 247, § 29 to 34.

of capital stock of private corporation, 475, 476, § 4, 9.

17.

of property of a corporation by a director, postponement of, 478, § 18.
discharged by death of defendant and appointment of commissioners, 352,
not discharged by confession of judgment by the defendant, 238, § 75; 593, § 5.
of articles in process of manufacture, &c., 215, § 67.

appointment of receiver for, &c., 215, 216, § 67 to 72.

replevin of articles under. See Replevin.

articles exempt from, 311, § 14 to 17.

exemption of homestead from, 390, § 1.

of property of married women, 402 to 404, § 3, 15, 16.
of military arms and accoutrements, 652, § 151.

against person refusing to give deposition, 273, § 7.

to appear and testify, 275, § 16.

ATTENDANTS on senate and house of representatives, appointment of, 88, § 79.

compensation of, 598, § 11.

ATTORNEY, power of, to convey land, requisites of, 387, § 27, 28.

towns, school districts, colleges, academies, &c. may prosecute and defend suits by, 472,
§ 1, 2.

trustee may appear before justice and appeal by, 267, § 86.

of party, not to write deposition, 274, § 10.

ATTORNEYS, supreme court to make rules for admission of, 223, § 28; fees of, 600.

to give statement of and receipt for fees, 593, § 7.

names of, to be endorsed on back of executions, 253, 6 82.

appearing in suit without being employed, penalty for, 593, § 8.

commencing suit in name of assignee to enhance costs, liable, 594, § 10.

colluding with officer to delay execution, &c. liable, 594, § 11.

speculating by, to increase suits, penalty, 594, § 12.

taxing or receiving unlawful costs, penalty, 594, § 15.

writ may issue against body of, for not paying over money collected, 251, § 69.
may be confined in close jail upon execution with certificate in such case, 575, § 22.

judges of supreme and county courts not to act as, in certain cases, 224, § 42.

justices not to act as, in certain cases, 233, § 24.

judges and registers of probate not to act as, in certain cases, 325, § 37.

AUDITA QUERELA, form of writ of, 612.

writ of, how to issue, and service of, 244, § 18.

allowance of, 292, § 6.

AUDITA QUERELA. (Continued.)

security for damages and costs required, 292, § 7.

judge allowing to take copy of writ and recognizance, 292, § 8.
proceedings on copy if original is not returned, 292, § 9.
may be allowed on justice's judgment, 292, § 10.

not to issue without affidavit of facts, 292, § 11.

when to operate as a supersedeas, 292, § 12.

double costs, &c. allowed in, if brought for delay, 292, § 13.

AUDITOR in action of account, appointment and duties of, 289, 290, § 3 to 11.
to allow accounts against the county, provision for, 591, § 21.

to adjust account of state's attorney with the county, 103, § 60, 61.

to settle accounts of county treasurer, appointment and duties of, 108, § 91, 92.
to make report, 108, § 92.

COURT, appointment and term of office of, 109, § 99.

duties of, 109, § 100.

what accounts to be allowed by, and when, 109, § 100.

orders to be drawn on allowance of, 105, § 71.

in favor of county clerk to be countersigned by, 105, § 71.

to certify to correctness of clerk's abstract of orders for the state treasurer, 105,
$ 72.

accounts incorrectly allowed by, may be recovered back, 91, § 8.

AUDITOR OF ACCOUNTS, (state officer,) how elected, 82, § 38.

to be commissioned by the governor, and sworn, 82, § 38.

to give bonds, 82, § 39.

salary of, 597, § 6.

general duties of, 83, § 40.

what claims to be allowed by, 83, § 42.

may examine claimant on oath, 83, § 44.

to require proof before allowance of claim, 83, § 45.

not to allow accounts for printing of laws and journals, without official certificate, &c., 70,
§ 6.

100, § 37.

to make deduction where laws are not printed in time, 71, § 7.
to allow for newspaper publication of the laws, 72, § 16.
directed in allowance of accounts of sheriffs for distribution,
to draw orders to correct errors in state taxes, 85, § 58.
to allow accounts for support of state paupers, 136, § 36.
may refer claim to the general assembly, 83, § 41, 42.
to attend sessions of the general assembly, 85, § 54.
to resist claims before legislative committees, 85, § 55.

to settle contingent expenses of the legislature, 85, § 57.
to draw order, upon allowance of claim, 83, § 46.

order of, how drawn, and its effect, 83, § 46.

to forward to treasurer abstract of orders drawn by him, 84, § 47.
to deface orders presented to him by the treasurer, 80, § 13.

to prepare and publish report annually, 84, § 51.

to append to it certain reports. &4, § 51; 90, § 5; 136, § 40.
certain reports to be made to, by 20th September, 90, § 4.

report of, how distributed, 84, 52.

to report modifications of laws to secure faithful accounting, 85, § 53.
committee of claims to examine report of, 85, § 55.

the record of claims presented to, 85, § 56.

to perform duties formerly required of auditor in the treasury, 86, § 64.

duties to be performed by, instead of by the auditor in the treasury. See Auditor in the
Treasury, (post.)

certain officers to settle with, at close of fiscal year, 90, § 2.

to give certificate on settlement, 90, § 2.

to draw order for balances on such settlement, 90, § 3.

to recommend alterations in rules for allowance of claims established by the supreme court,
91, § 7.

to furnish copies of such rules to county clerks, 91, § 7.

to be furnished by treasurer with statement of state taxes in arrear, &c., 79, § 9, and of
moneys furnished clerks, &c., and of all payments, &c., 79, § 10.

to notify state's attorneys of claims to be prosecuted, &c., 84, § 49.

to furnish evidence in support of such claims, 84, § 49.

to cause suits to be brought against state's attorneys for defaults, &c., 84, § 50.

to consent to compromises of state claims, 102, § 52.

report to be made to, by state's attorneys, 102, 103, § 53, 55, 58.

to provide state's attorney with book of entry, 102, § 54.

to keep similar book, and make like entries, 103, § 56.

to compare state's attorney's book with his, 103, § 57.

copies of bonds of state's attorneys and county clerks to be transmitted to, 104, § 67.

returns to be made to, by county clerks, 106, § 76, 77.

to notify state's attorney of clerk's neglect, &c., 106, § 78.

to divide moneys received from pedlers' licenses among the counties, 445, § 6.
return of such moneys to be made to, 445, § 5.

to audit accounts of bank commissioner, 485, 488, § 23, 47.

AUDITOR IN THE TREASURY, general powers and duties of, 85, § 60.

to report condition of treasury, 85, § 61.

to notify state's attorney of violation of duty by treasurer, 86, § 62.

to settle treasurer's account in September, 79, § 6.

treasurer to exhibit books, &c. to, 79, § 7.

to settle accounts of treasurer going out of office, 80 § 15.

AUDITOR IN THE TREASURY. (Continued.)

to settle with administrator of deceased treasurer, 81, § 19.

to perform duties required of him between 1st and 15th of September, 86, § 63.

office of, abolished, and auditor of accounts to perform duties formerly required of, 86, § 64.
AUDITORS, (TOWN) choice and term of office of, 114, § 13.

acts of majority of, valid, 121, § 76.

duties of, 121, 6 68 to 70.

AUTHORITY of public officers to be exercised by majority, 68, 2; 121, § 76.

words purporting to give joint, to be so construed, 68, § 2.

for sale of real estate or of any interest therein, to be conferred by writing, 389, § 1.

civil, board of. See Board of Civil Authority.

AUTHORIZED PERSON for service of process. See Indifferent Person.

AVERAGING valuation of real estate in different towns for purposes of taxation, provision for,
459, § 46 to 48.

BADGE OF OFFICE, &c. to be worn by certain officers and servants on railroads, 202, § 53.
BALL, excessive, not to be exacted, 40, SECT. 33.

may be given, in what cases, 40, SECT. 33.

on mesne process, officer answerable for sufficiency of, 249, 57.

liability and rights of, 248 to 250, § 49 to 63.

may surrender principal in court, 249, § 50.
entitled to bail piece, 250, § 58.

form of bail piece in favor of, 619, 620.

warrant in favor of, 609, 620.

62.

may arrest principal, 250, § 59, 60; 576, § 24.
not chargeable where principal is insane, 250,
how made chargeable on execution, 248, 249, § 49, 50.

on jail bond entitled to bail piece, 576, § 25.

may recommit prisoner, 576, § 26, 31.
form of bail piece in favor of, 619, 620.

of warrant on such bail piece, 620.

for prosecution insufficient, party to find other, 224, § 37.
judge may take of person in jail charged with crime, 590, § 12.
after conviction, when case has passed to supreme court, 590, § 15.
scire facias against. See Scire Facias.

for prosecution of suit. See Recognizance, and Security.

BAIL PIECE, right to, of surety in mesne process, 250, § 58.

on jail bond, 576, § 25.

warrant may be issued on, its service, &c., 250, § 59 to 61.
form of, on mesne process, 619.

on jail bond, 619, 620.

warrant on, 620.

BAILIFF, HIGH. See High Bailiff.

BALLOT, election of governor, &c., to be by, 35, SECT. 10.
of county officers to be by, 46, ART. 19.

certain town officers may be chosen by, 114, § 15.

BALLOT BOXES, towns to provide, 51, 8.

BALLOTS for state officers, &c., form of, 52, § 11.

manner of giving, 52, 53. § 11, 13.
to be sealed up, 54, § 20.

for representative to congress, manner of giving, 58, § 39 to 41.

for electors, when to be given; manner, &c., 61, 62, † 59, 60, 63, 64.

BANK BILLS, may be taken on execution, 311, § 13.

how disposed of by officer, 311, § 13.

banks not to issue for less than, or for fractional parts of dollar, 494, § 84.
unlawful issuing of, how punished, 563, 1, 2.

issuing of, for less than one dollar, how punished, 563, § 3.

not payable in specie, how punished, 563, 64.

counterfeiting or passing counterfeit, how punished, 551, 552, § 3, 4.
fraudulently connecting parts of different, how punished, 552, § 6.

BANK COMMISSIONER, when and how appointed, 484, § 15.
duties and powers of, 484, 485, § 15 to 27.

to make annual returns to auditor, 90, § 4; 484, § 18.

to make annual report to treasurer, 485, § 21.

to ascertain respecting payments of capital stock, 491, § 64.

to order deficiencies in capital stock to be supplied, 492, § 69.

to examine annually bonds of directors, 495, § 88.

may require their renewal, &c., 495, § 88.

to be sworn, 485, § 22.

fees of, 485, § 22.

not to be stockholder in bank, 484, 19.

accounts of, by whom audited, &c., 485, 488, § 23, 47.

BANK COMMITTEE, duties of, confined to banks not subject to examination of bank commis
sioner, 488, 46.

BANKS, notice of applications for charter, recharter, or increased capital of, to be published, 67, § 3.
to what provisions of law subject, 481, § 1; 488, 489, § 48 to 51.

BANK FUND, 481 to 484, § 2 to 14.

to pay certain assessments to state treasurer, 481, 482; § 2, 3, 4.
may file bonds for redemption of their bills, instead, 495, § 87.
treasurer to keep account of bank fund, 482, § 5.