INDEX.

COURTS S. J. to have equity powers as to trusts under deeds, wills, &c.
equity powers as to lands held in trust for use of counties
chancery powers as to forfeitures and penalties

may remit all or part of penalty on scire lacias against principal, sure-
ties, or witnesses in criminal prosecutions

189

179

189, 190

191

may commit persons acquitted of trial, on ground of insanity until re-
stored to reason

252

any Judge of, may discharge such person, when safe

253

or a Judge may commit such person to the custody of his friends in case ib.
-to be Supreme Court of Probate

appeals to, from Court of Probate how prosecuted

193

221, 222

may grant appeals from Probate Court in certain cases, on petition after
loss of right, under limitation of one year

to regulate costs on appeals from decrees of Probate Courts, relating to
trusts, &c.

to have jurisdiction of suits on probate bonds

in such suits, proceedings to judgment execution, &c. how,

222

223
224

224, 225, 226

224

to continue such suits when principal has not been served with process
in case, &c.

may grant license to executors and administrators to sell real estate of

deceased for payment of debts legacies, &c.

if partial sale would greatly injure the rest, may license sale of whole
to give notice previous to granting license in any case

227

228

ib.

may license guardians of minors, non compos, lunatics, idiots spend-
thrifts, &c. to sell estate of their wards, in whole or part, under same
215, 228, 229, 230
conditions and restrictions as are required in sale of estate of per-
sons deceased for debts, &c.

228, 229

to require certificate of overseers of the poor in certain cases and Judge
of Probate in all cases on such petitions and may examine petitioner
on oath, before granting such licenses
may authorize sale of real estate of minors, or non compos, &c. and
direct proceeds to be put on interest, if made to appear for their
benefit

230

certificate required from Judge of Probate of its necessity previous to
granting such license

ib.

bond to be given to account, &c. to Judge, before sale

ib.

may license executors, administrators and guardians to sell real estate
lying within the State, of persons who lived, or are out of the State,
under restrictions, limitations, &c.

231

may authorize executors and administrators to make conveyances to
complete or fulfil contract or covenants of deceased

to inspect records, &c. of their Clerks, and if deficient, to direct suit
to be made on bond

their powers as to trusts, &c. not affected by provisions relating to trus-
tees appointed by wills

may award costs to respondents in certain cases, if petitions are un-
reasonable

COURTS OF COMMON PLEAS. Jurisdiction as to larcenies not exceeding $100 63

violation of law against passing foreign bank bills under 5 dolls.
violation of provisions for due observance of Lord's day

*627

73

may remit all or a part of penalty on scire facias, in criminal cases
jurisdiction as to offence, of selling unwholesome provisions
may in certain cases empower owner of goods stolen to dispose of con-
vict in service

*562, 564, 566
to punish violations of the law relating to small pox, and contagious
diseases
jurisdiction as to bastardy cases, and trials therein regulated
as to certain trespasses made penal

as to offences of defacing mile stones, or public monuments
how to regulate trials in cases brought from Justices of Peace, when ti-
tle to real estate is set up in defence

to try cases of seizure of personal property liable to forfeiture, &c. if
more than $20 value, proceedings therein

407

416

COURTS C. P. to audit and settie Sheriffs' accounts of fines, &c. in that Court
to allow and order payment of incidental expenses in that Court
powers as to regulating places for tuinpike gates, time of opening, &c.
may approve laying cut [See turnpike.]
*600, 606, 607
powers as to appeals from Justice of the Peace, complaints, defaults,
judgment by mistake, to allow entry after regular term, review, new
trial, c. in same manner as Supreme Court in similar cases
may appoint auditors in any case, when deemed proper
their report to be evidence to jury

to allow compensation to be taxed for auditors

to allow reasonable compensation to trustees summoned out of their
county

250

262

ib.

ib.

287

336

may compel kindred of paupers to contribute to their support and assess
weekly contribution to be paid therefor

#532

or one Judge thereof, may admit to bail persons committed for bailable

offences

and direct with which of them the pauper may reside

may discharge apprenticed children from their masters in certain cas-

may receive complaint of Overseers, for removal of paupers [See poor.] *542
may commit keepers of houses of ill fame to house of correction
may authorize location of reserved lots, on application of Assessors
to appoint a committee with directions to designate the use
report of such committee, accepted, recorded, &c. to be effectual
jurisdiction in proceedings for partition of real estate

134, 135

may license sale of real estate by guardians of idiots, non compos,
spendthrifts, minors, &c. in whole or part, in certain cases 215,227,228,229
may license executors, and administrators to sell real estate of deceas-
ed, for payment of debts

proceedings and evidence required before granting such licenses to ex-
ecutors administrators or guardians

228,229

may grant licenses to executors, administrators and guardians out of
State to sell lands within the State for payment of debts, in certain

to require notice, &c. previous to granting any such licenses, and may
also examine petitioners under oath, in such cases, as to facts
may authorize executors and administrators to make conveyances to
carry into effect contracts of deceased

232

may award costs to respondents in certain cases, when petitions, &c.
are unreasonable

233

times of sitting in York county

352

in Cumberland county

246

proceedings of, respecting mechanics, &c. lien on buildings #755, 757, &c.
COURTS JUDICIAL may grant reviews, on petition, in cases where there is good 247

reason for setting aside verdict: on conditions, &c.

may grant reviews when by accident, mistake, &c. judgment has been
rendered, and in all civil actions when reasonable

248

may stay execution on granting, or give costs to respondent if denied
to continue actions on joint contract where one or more defendants
live out of State, unless notice, &c. is proved

to allow amendment of circumstantial errors, without costs
may issue attachment against witness refusing to obey summons after
fees tendered and may punish by fine

259

265

may authorize Sherifi to dispose of poor convicts in service, in certain

cases

376

or to liberate them on taking their notes to the county Treasurer for
fine and costs

377

or to liberate them on such conditions, as

directed

ib.

how to direct impannelling of Grand and Traverse jurors
may examine jurors, on oath, as to interest, in trials
may direct jury to view, in actions relating to real estate,on condition 386
may direct when and what days of their sittings venires for jurors be
returned

382,383

382

396

may cause testimony of witnesses to be taken in writing, in open Court,
or by Justice-to be used on appeal, review, &c. in case
may admit or reject depositions taken out of State, provided, &c.
may grant dedimus to take depositions within or out of State
may appoint Clerks pro tempore, in certain cases

391

392

ib.

400

may confine persons convicted, in common gaol, or house of correction 453

COURTS J. may sentence convicts to house of correction conditionally, viz. non
payment of fine and costs

when fining towns for defective highways-to appoint agent to expend
amount in repairs-and cause him to account

453

*519

may adjourn, by proclamation, from places of holding, where mortally
infectious distempers prevail

560

may take acknowledgments of deeds to bar entailments

132

to make up judgment in actions on default

may take off default on payment of costs, in certain cases

may affirm judgments of lower courts when appeals are not prosecuted,
&c.

COURTS OF SESSIONS established and their jurisdiction defined

one or more Justices may adjourn, when less than quorum
may cause partition of general and common fields in certain cases
to establish rules to govern gaols and houses of correction
their power and duty as to convicts sentenced to hard labour
to divide counties into Jury districts, and how

259

259

135, 222

349

350, 351

351

ib.

171

119

119, 120

379

to examine sufficiency of Sheriff's bond and cause the same to be cer-
tified by their Clerk to State Treasurer

401

to examine and approve of Coroner's bonds

402

to prepare estimates of county charges, &c. annually on 1st of January 415
Clerks of, to transmit same to Secretary of State with county Treasur-
er's account on 1st of January annually

416

to adjust accounts with county Treasurer and Attorney, Sheriffs, &c. of
money in their hands, or for services due them, annually

416

to assess money, authorized by Legislature, for building and repairing
prisons in each county

445

to cause apartments to be provided for debtors separate from criminals ib.
to assess money on county to indemnify Sheriff for loss sustained by him
for insufficiency of gaol

to provide materials for work, establish rules relating to, distribution of
profits of labour, management

454

to examine and allow accounts of master

455

to approve of bye-laws of towns, provided

*463

to appoint Assessors when towns neglect to choose Assessors, or Se-
lectmen

*472

to appoint others in place of delinquent Assessors

*474

to hear complaints for over-rating by Assessors of taxes

#477

to direct laying out, altering, amending, &c. highways and estimating
damages therein

#509

[See highways.]

to direct payment of damages estimated, in laying out highways and
issue warrant of distress

*512

to allow reasonable time for opening highway, not exceeding twelve
months

*514

to direct as to mode of supporting highways through unincorporated
places

*520

how to proceed in locating highways through proprietor's lands
may direct assessment of tax for support of town watch in case town

#521

vote

*553

may license auctioneers when Selectmen unreasonably refuse

*590

to appoint committee to lay out turnpike when granted by the Legis-
lature

if no choice by people, to issue warrants for new trial and adjourn to
receive returns of votes

418

may appoint agents to convey county lands in certain cases

179

COURTS MARTIAL [See Militia.]

COVENANT [See contract, Courts, &c.]

CRACKERS, SQUIBS, &c. not to be fired without license of Selectmen

D

115

CREDITORS to insolvent estates allowed from six to eighteen months to support
their claims before commissioners

203

204

ib.

when claim of, is disallowed by commissioners, may have it determin-
ed at common law, giving notice at probate office
or may have it determined by reference, on agreement with executor
or administrator by rule before Judge

not making out their claims, &c. to be barred unless they find estate
not inventoried-or unless estate should not prove insolvent
may sue if executor or administrator neglect to settle account for six
months after final report of commissioners

205

CREDITORS to intestate estates entitled to administration if widow and next of
kin refuse

may be examined on oath by commissioners as to their claims
to estates of persons deceased, how to proceed, previous to suing pro-
bate bonds

206

194

205

225

whose debtors have been committed on execution may have process of
foreign attachment on condition

294

on execution levied on real estate to execute release to debtor, on
payment within time of redemption

on executions, &c. may in certain cases offer release to debtor before
suit

CRIMES, persons accused of, their right to be heard, secured

may discharge debtor's body in such case, without prejudice to his de-
mand or property

liable to support their debtors imprisoned for debts incurred since
March 14, 1820 in certain cases

#538

ib.

their right to demand and have copy of accusation

to have speedy, public and impartial trial by jury, except, &c.
not bound to give evidence against themselves

before conviction bailable, except

not held to answer for capital or infamous, unless on present-
ment of grand jury

22

ib.

23

23

ib.

ib.

to have compulsory process for witnesses and be confronted by
them

23

to be bailed or discharged, unless indicted at second term or with-
in six months after commitment

267

persons indicted of certain, amounting to felony may be acquitted of
part, and convicted of residue

266

of murdering bastard child by mother, concealing death and delivery
in secret, when included in one indictment-verdict may acquit of
part, or convict of part, or whole, as case may be
persons accused of, and out of State where committed-how deliver-

56

ed up

*458

[See fugitives from justice.]

CRIMES CAPITAL persons charged with, standing mute, to be tried as if plead-

accused of, not to challenge peremptorily more than 20 jurors
-convicted of, not to be executed without warrant under the great
seal of the State

of robbery and larceny-accessaries to-may be prosecuted for misde-
meanor, though principal be not prosecuted, or convicted
[See arson, burglary, murder, treason, &c.]
See also accessaries and punishment.]

266

ib.

268

68

CRIMINALS not to be removed from one gaol to another without habeas corpus 325

when to be tried or bailed or discharged if in prison

267

standing mute in capital cases, to be tried on plea of not guilty
not allowed in capital cases to challenge more than 20 jurors without

266

cause

ib.

capitally convicted not to be executed, but by warrant from Supreme
Executive, under great seal

268

[See Crimes, Courts, Supreme Judicial, Evidence, &c.]

CRUELTY extreme in either party married to be cause of divorce from bed and

in laying out highways how estimated by jury or committee
[See highways.] and how levied

in laying out turnpikes, how estimated, paid, &c.
from defect, want of repair, &c. of bridges, &c. on turnpikes
[See turnpikes.]

sustained by travellers from bad roads, how recovered
done by cattle how estimated, when impounded, in certain cases
sustained by persons injured by fire set in the woods, how recovered
for injuries from mischievous dogs how recovered [See dogs.]

for flowing lands by erecting mill dams [See mills.]

DAMAGES now assessed, on default of defendant

for detention of widow's dower

259

150

172

trespasses, &c. in general and common fields, how estimated [See fences.] 168

for iujuries by cattle to common fields regulated

169

in audita querela, how recovered

327

in replevin [See replevin.]

169, 170,366, 367, 368

on inland bills of exchange regulated

396

for false imprisonment, beside penalties-how recovered

326

assessed against corporations or individuals by jury or committee may
be collected by warrant of distress

275

*510-513

#512

*600, 607

*603

*518

#570

60

#765

#771

87

107

113

125

explosion of gunpowder, illegally kept

by certain trespasses in orchards, gardens, &c.

occasioned by embezzlement of masters. &c. owners liability therefor
limited

on inland bills of exchange regulated

DANCING in taverns, Saturday and Sunday evenings prohibited

DEACONS of churches, may take grants to pious and charitable uses, as bodies
corporate

elders, &c. may take in succession real estate for use of churches
DEAD BODIES, punishment for digging up, removing, concealing, &c.

not to be arrested on mesne process or execution

of persons executed for duelling or murder, to be dissected, in case
DEATH, sentence of, not to be executed, but by warrant and until, &c.
violent or casual, inquisition of, to be made by Coroners
DEATHS, BIRTHS, &c. notice to be given to town Clerk, by parents, house-
holders, masters of vessels, alms houses, &c. under penalty
to be recorded by town Clerk

DEATH, of either party after appeal, and before sitting of Court appealed to, or
before final judgment, action may be prosecuted by executor or ad-
ministrator, if cause of action survive

such actions may be continued for executor and admin'r to come in
of either party pending review, proceedings therein

or pending petition for review

236

236

262

263

not to vacate attachment, unless defendant's estate is rendered insolvent 284
of Justices taking recognisances for debts, relief provided for in case of 361

DEBT. [See action of]

DEBTS, speedy method of recovering provided, by recognisance before Jus. Peace 359
may be compounded by executor or administrator of creditor in certain
cases by joining in discharge, with other creditors

of corporations, in certain cases, individual members liable for

DEBTOR, may redeem right in equity sold on execution, within one year

and real estate taken on execution

mode of settlement of disbursements, rents, profits, &c.

release to be executed by creditor, on redemption money paid
if refused, possession to be recovered by action

DEBTORS POOR (See prisoners, also poor.]

[See execution, attachment, corporation, foreign attachment, &c.]
certain goods of, exempted from attachment, execution and distress
mode of proceeding against, in process of foreign attachment

414

286

may be discharged from gaol in certain cases, without vacating judg-

#538

ment