DEDIMUS, may be granted by Judicial and Probate Courts to take depositions 217,392
DEEDS of real estate to be signed, sealed, acknowledged and recorded

to be of no effect, unless so executed, against any, except the grantors
and their heirs

proof of, how made, when grantor is dead or out of State or refuses to
acknowledge

how proved when grantor, and witnesses also, are dead

by tenant in tail, if executed in due form, in presence of two witneses
sufficient to convey his estate in fee

by tenant of freehold and remainder man, if executed in like manner,
good to convey the whole estate in fee

130

ib.

130, 131

130

of officers selling real estate of banks, at auction and effect thereof
of equities of redemption

275, 276
277,278

of executors, administrators and guardians under license of Courts
of spendthrifts, &c. after application to Judge of Probate for guardian,
void in certain cases

227, 232

216

for gaming debts, to enure to such persons and uses as if grantor were

dead

Register of, how chosen, sworn. &c. [See Register of Deeds.]

96

417

of proprietors, Constables, Collectors, officers, &c. selling on execution
(See Proprietors, execution, &c.]

records of, to be deposited with Clerk of Supreme J. Court, when there
is a vacancy in office of Register [See Clerk.]

419

records to be kept in fire proof buildings

444

of pews may be recorded by town Clerks

133

[See conveyance, executors, administrators, guardians, execution, &c.]
of defeasance not good against estates in fee, unless recorded except as
to the original parties

131

DEFAULT (See Courts Judicial.]
DEFEASANCE deed, or bond of, to be recorded [See Estate, Deed, &c.}
DEFENDANT, when out of State, mode of serving writs upon

131

254

in review, when out of State, writ to be served upon ter tenant
when never inhabitant of State, mode of serving original summons upon 255
when out of State at time of service, &c. action to be continued
not appearing, after due service, to be defaulted, judgment, &c.
in trespass quere clausum, pleading disclaimer and involuntary trespass
may tender amends, or bring money into Court, proceedings, &c. 259, 260
may file account in offset, in certain actions, and recover balance, if
any due

ib.

287,256

259

ib.

refusing to appear before auditors, what proceedings to be had

in real actions, held to answer for so much of demanded premises as
they do not disclaim

DEGREES of consanguinity or affinity, within which marriage is prohibited
DEMANDS in dispute may be referred, if parties agree, by rule before Jus. Peace
to be in writing, signed by parties, annexed to rule

DEMURRERS, judgment on, may be appealed from, if action appealable
DEPOSITIONS in what cases and circumstances to be taken

261

259

340

361

361
265

388

not to be taken before counsel, attorney or person interested in the case 389
when taken, notice to be given to adverse party or his attorney if with-
in the State

ib.

form of notice, by whom and how given

ib.

where there are several plaintiffs or defendants, notice to one sufficient 390
before taken, deponent to be first cautioned and sworn

ib.

to be written by Justice, deponent, or disinterested person

ib.

to be handed into Court by Justice, or sealed up under formal caption
form of caption, summons to deponent

ib.

390, 391

391

may be taken in open Court in certain cases
taken out of State, may be admitted or rejected at discretion of Court, but
in all cases, adverse party must have been notified if within 20 miles 392
may be taken by dedimus from Judicial Courts and Probate Courts, in
certain cases

197, 392

may be used in prosecutions for forfeiture of personal property seized
may be used in prosecutions for removal, &c. of paupers
of witnesses to wills may be admitted in case

INDEX.

DEPOSITIONS, to be recorded within ninety days in county where land, &c. lies,

or parties interested reside

certified copy of-legal proof, if deponent cannot be produced.
DESCENT OF ESTATES regulated, [See estates. &c.]

DESTRUCTION wilful, of vessels, cargoes, &c. to defraud underwriters, punish-

ment of, [See ships, vessels, &c.]

xxix

393

ib.

142

87

DEVISEES, not to be barred by certain limitations of actions, [See executors, &c.] 239
liable to pay demands against persons deceased, in case

DEVISES for life and afterwards in fee tail, how to be construed, [See wills.]

of lands and tenements how to be made, [See wills.]

DISCLAIMER and involuntary trespass, effect of, pleaded with tender

in real actions may be pleaded in whole or part; proceedings thereon
in inquests of office for State, effect thereof

DISCONTINUANCE or nonsuit, party prevailing in, entitled to costs

of roads, &c. [See highway.]

DISGUISE, persons assuming, to obstruct laws, how punished
DISQUALIFICATION, of persons out lawed, duellists, &c.

ib.

138

ib.

259, 260

260

185

259

95

55,339

53

117

ib.

ib.

*688, 702, 414

210

DISSECTION, bodies of duellists and murderers to be delivered to surgeons for,

in case

DISTILLING, through leaden pipes, heads and worms, prohibited

assay masters to be chosen by towns, to inspect worms, &c.
their duties powers, certificates, &c.

DISTILLERIES, places for, regulated, [See Nuisance.]

DISTRESS, exemption of certain goods and chattels from

warrant of, may be issued by Judge of Probate to compel payment of
expenses of division of real estate

[See warrant of distress.]

DISTRICTS, school, See schools, taxes, &c.]
highway, See highways.]

DISTRIBUTION of intestate property to be equal among children,

of insolvent estates among creditors, [See estates insolvent, &c.]

trial of, to be in county where parties dwell

libel for to be filed in Clerk's office, notice how to be given

DIVORCE from bond of matrimony, and from bed and board, when to be decreed
not to be decreed in case of collusion, or adultery of both parties
when decreed for affinity, &c. or impotency, wife to have all her lands
restored, and such of her personal estate, as may be equitable
in such case Court may compel husband to disclose, &c. under oath
when for adultery of husband, wife to have dower in his lands and all
the real estate held in her right, and such personal estate received
by her as may be equitable

alimony may be also allowed out of his personal estate if necessary
when for adultery of wife, what lands, &c. husband shall have
provision for support of wife out of personal estate

for cruelty or desertion of husband, what proceedings as to property
alterations in alimony, &c. may be made by Court, when necessary
libel for, when filed, &c. in certain cases, to operate as lien on lands
&c. of husband, for final decree

DOGS, mischievous, owners of, liable to double damages for mischief, &c. in case
may be killed if suddenly assaulting persons, wounding cattle, &c
penalty for owner, &c. not killing, or confining, after complaint
going at large, after complaint and notice, may be killed by any one
treble damages may be recovered for injuries done by, after notice

from bond of matrimony-penalty for cohabiting, &c. after

when decreed in such cases, proceedings as to property
when decreed for cruelty of wife, what proceedings to be had
decree of, for adultery, not to bar children of their inheritance
guilty party in, not allowed to marry again

347

ib.

ib.

78

347

#765

ib.

*765, 766

DONATIONS to pious uses, how taken, held, alienated, &c.

DOWER of widows, in estates conveyed by deed, in which they did not join with

DOWER, of what estate widow shall have, except where she may have legally

released

to be assigned to alien widow of citizen

reversion of, in insolvent estate may be sold for creditors

143, 151

150

204

210

254, 255

may be divided among heirs, &c. on settlement and division of the other
parts of the estate

writs of, how to be served

DRAINS and common sewers regulated, how to be made, connected, &c.

528

expense of opening, clearing, &c. how to be apportioned, defrayed, &c. 529
DRUNKARDS, &c. when posted, &c. not to be furnished by innholders, retailers,

&c. with spirits, under penalty

to have guardians appointed, [See guardians.]

DUELLING, punishment of, principal and accessary thereto

bodies of persons convicted of murder by, may be dissected
giving or accepting challenge to-punished

DUTIES on certain officers commissioned or appointed, to be paid into the treas-

ury of the county, or State

penalties, disqualifications, &c. if not paid

sums, so paid, how to be accounted for

[See Clerks, Sheriff, Justices, County Attorney, Inspectors, &c.]
on licenses to retailers, innholders, &c.

to tin pediers, &c.

deeds, to be paid by Register cf deeds to county Treasurer
[See Licenses, Retailers, Pedlers, Register of Deeds, &c.]

539

215

55

53

55

426, 425

426

426

#586

#762

418

E

EDUCATION OF YOUTH provided for [See Schools]

amount of money to be raised and expended for, in towns and planta-

tions

duty of instructors, in regard to, at Colleges, academies, &c.

EJECTMENT lies to recover redeemable lands, set off on execution

for lands on a person's own seizen limited to twenty years
defendant, on disclaimer, to recover costs, unless

ELDERS, DEACONS, &c. of churches, capable of taking real estate in succes-
sion for pious and charitable uses

*503

*463, 503

*504

233

295

260

*464

#468

$595

202, 203, 214

92

ib

93

257

ib.

ib.

403, 257

224

EMBEZZLEMENT of goods, &c. of persons deceased, and of idiots, non com-
pos, &c. provisions to prevent

by master of vessel or mariners, owners how far liable, in case,
when vessel and cargo insufficient to make compensation for, what
proceedings to be had

charterer, how far to be considered owner in certain cases of
ENDORSERS of writs, liable to pay costs and prison charges in case plaintiff
avoid

of writs against Sheriffs and Coroners on their bonds, required and how 408
of negotiable securities, not liable on process of foreign attachment
of notes, bills, &c. how notified by Notary Public

ENDORSEMENT [See Endorsers. ]

ENGINES FIRE, punishment for wantonly injuring

294

423

115

ENGINE MEN, certain numbers of, to be appointed by Selectmen, to each engine *581

so appointed, to meet and organize, &c. in May annually
companies to meet monthly to examine engines

#581

ib

to be under direction of fire-wards when on duty

*582

may be appointed to private engines in same manner as town
certain, may be selected for special purposes at fires

ib.

ib.

certain may be exempted from military duty

#695

2585

may be excused from serving as jurors, if their town so vote
when negligent may be discharged and others appointed by Selectmen *582

ENTAILMENT of estates, may be barred by deed of tenant in tail, &c. or by

deed of tenant of freehold and remainder man

ENTRY of mortgagee, nature of, requisite to effect a foreclosure

132

145

ENTRY, of persons claiming lands, &c. to be made within twenty years after
right accrued

forcible, and detainer [See forcible Entry.]

EQUITY of redemption allowed in mortgaged estates, and lands set off on execu-

296

144, 282

147

277

mode of attaching, taking in execution, &c. [See Execution, &c.]
bills in, to compel mortgagee to restore possession, how instituted, &c. in
Supreme J. Court, or Common Pleas

execution on decrees against defendants may be joint or several
[See Mortgage, Attachment, &c.]

EQUITY POWERS granted to Supreme J. Court, as to trusts under deeds, wills
process to be used to carry into effect such powers

rules of practice in such cases may be adopted by S. J. Court
limitation as to contracts within such powers

to Supreme Court as to lands, &c. in trust for use of counties

to Supreme Court and Com. Pleas in forfeitures of bonds, conditions,
&c. in which they may enter equitable judgment

in remitting all or part of penalty in scire facias, State against princi-
pal, sureties or witnesses in criminal cases

ERROR, WRITS OF, time for bringing of them limited to 20 years
ESCAPE from prison, voluntary or negligent suffered by gaolers, penalty for 448, 449
happening through insufficiency of gaol, Sheriff to be answerable
ESCHEAT of estate, where there is no kindred of deceased, to the State
ESTATE not devised, to descend and be distributed as intestate

450

143

142

of individuals, when taken for delinquency of towns in levying taxes,
mode and nature of their indemnity

*502

and goods of deceased debtors on joint contract, liable as if contract
had been joint and several, for payment of such
what persons may dispose of by will [See Will.]
certain devises of, how construed

238

137

138

of proprietors of aqueducts held in common at time of dissolution to be
deemed real

of Clerks and Registers of Probate whose records are deficient, liable
ESTATE REAL, mode of transfer by deed, how executed, &c.

*616

443

130

conveyance of, or lease for more than seven years, not valid, unless
so executed, except against grantor and his heirs

ib.

in fee, not to be defeated by bond of defeasance, unless recorded, ex-
cept as to original parties

131

conveyed for gaming debts to enure as if grantor were dead
entailed, may be alienated by deed of tenant in tail, or by tenant of
freehold and remainder man; deed to have two witnesses

tenants not to commit waste, &c. pending an action to try title of,
taken in execution against defendant out of State, not to be conveyed
by creditor within one year, in case

133

129

257

of Banks taken in execution may be sold at auction
held under certain possessory titles may be sold on execution as equi.
ties of redemption

275, 276, 277

278

executions how to be extended upon

281, 282

taken in execution redeemable within one year [See executions.] 282, 283
partition of, [See partition, probate, &c.]

of persons recognising to State, held for amount of recognisance against
any after transfer

339

when title to, is pleaded, in action before Jus. Peace, action to be car-

ried to Com. Pleas

357

of persons living in the State, but out of town where assessed, taxes
against, how collected

*486

contracts for sale of, or interest, &c. therein, void, unless in writing
leases, grants, &c. of, to be in writing, signed, &c.

240

240

leases of, to convey estates at will only, unless in writing

mortgaged to State, may be discharged by Treasurer on payment of
money due

ib.

147

147

amount due, in such cases, may be settled by bill in equity

251

of proprietors of aqueducts to be considered personal-mode of transfer *614
sale of, by married women, when deserted by husbands-regulated
of non residents, sale of for taxes [See Taxes.]

ESTATE REAL of persons deceased, liable for the payment of their debts,
whether estate be in tail or fee simple

or fraudulently conveyed, or colourably disseized
of persons deceased, may be sold for payment of debts and legacies, if
personal be insufficient, by license of Courts

deeds of, when sold by license, &c. to convey such title as deceased had
when partial sale for payment of debts would greatly injure, Courts
may allow sale of whole

227

ib.

ib.

ib.

228

or minors, non compos, spendthrifts, &c. who lived, or are out of
State, may be sold, if lying within State, in like manner, for debts,
support, &c.

231

may be conveyed, to complete their contracts, by executor or admin-
istrator, under license of Courts

232

income of, to be accounted for by executor or administrator

201

of idiots, non compos, lunatics, &c. may be sold by order of Courts, if
necessary, for payment of their debts or support

or, if necessary, the whole may be sold, by license, for their benefit
mortgaged-may be sold by executor or administrator as personal pro-
perty, where possession was not obtained by deceased

148

may be discharged, on receiving amount due, by exec'r or adm'r 149
may be foreclosed by action of executor or administrator for the
use of heirs
142

215

230

set off on execution to executor or administrator, or recovered on mort-
gage, to be for use of widow and heirs, unless necessary to be sold
for payment of debts

redemption money in such cases may be received by executor or ad-
ministrator and estate released

of persons deceased, may be taken on execution, subject to redemption,
as in case of other levies

of testators, when taken in execution, legatees, &c. to contribute in cer-
tain cases

[See mortgage.]

when conveyed by mortgage how redeemable
when to be sold for payment of taxes, [See Taxes.]
of proprietors in common regulated [See Proprietors.]
may be sold for payment of taxes

ESTATES REAL, INTESTATE, descent and distribution of

to descend in equal shares to children, and issue of deceased children
if no issue, to father

if no issue, nor father, in equal shares to mother, brothers and sisters,
and children of deceased brothers and sisters, by representation

if no issue, father, brother or sister, to the mother

if no mother, &c. to next of kin in equal degree.

collateral kindred in, how to be computed and preferred

if no kindred to escheat to the State

saving of husband's tenancy by the curtesy, and widow's dower

share of child, dying under age and unmarried, to descend to the other
children and their representatives

ib.

issue or next of kin, if in same degree to intestate, to share equally, oth-
wise by right of representation

in settlement and distribution of, alienage of widow, issue, &c. to be
no impediment in receiving share

211

ESTATES REAL, division of, by order of Judge of Probate, among heirs, devisees

&c. whether in one or more counties.

207

where it cannot be divided among all the heirs, the Judge may assign
the whole to one or more, they paying the others according to apprais-
al, by committee

ib

conveyance by heirs, &c. not to prevent such division

203

when dower or partition is ordered in estate lying in common, com-
mittee to sever estate of deceased, giving notice
division thus made and excepted, to be final, unless appealed from
division may be ordered by Judge in whole, or for part
committee appointed, to be under oath

ib

209

ib

i..