ESTATES REAL, such division not to be ordered by Judge, when proportions, &c.
appear to be uncertain or disputable

messuage of greater value than a share may be assigned to one, he pay-
ing surplus to others deficient

expenses being allowed by Judge, payment may be compelled
division of reversion of widow's dower when and how made

ESTATES REAL and PERSONAL, INTESTATE, in settlement and distribution
of, advances, gifts, grants, &c. made to children and grandchildren,
how to be estimated

how to be devised and bequeathed by will

ESTATES INSOLVENT, to be distributed, pro rata, among all the creditors saving
taxes to be paid in full

209

210

ib.

ib:

211

137

203

claims against to be examined by commissioners

203

[See commissioners.]

time allowed creditors to prove their claims

203

real and personal to be sold and proceeds distributed among creditors ac-
cording to claims allowed, saving widow's dower and allowance
reversion of dower to be also sold for benefit of creditors

204

ib.

actions against executors and administrators of, not to be sustained,
unless for taxes, until, &c.

205

if entered, to be continued, until

ib.

claims against if not supported before commissioners, &c. barred, unless ib.
[See Administrators, Executors, Probate Court, Guardians, &c.]
ESTIMATES of county charges, to be prepared by Court of Sessions, annually

415

to be recorded and copy transmitted to Secretary of State, 1st January 416
together with his account, to be exhibited by county Treasurer to Sec-
retary of State

[See County Treasurer, and Court of Sessions.]

EVIDENCE of President and Cashier, in prosecutions for forgery, may be dispens-
ed with, and other proof admitted, in certain cases
certificate of Secretary or Treasurer of U. States, or of any State, to be
competent, in certain cases, in criminal prosecutions
necessary to convict of treason, or misprision of treason

ib.

81

82

23, 52

no person may be compelled to give, against himself in criminal cases
oath of tythingmen competent, in certain cases

23

76

printed copies of private acts and resolves, by authority, good
copy of Sheriff's bond, certified, &c. legal in suits thereon, unless sig-
natures denied

264

405

in prosecutions on bastardy act, what shall be competent

348

in title to lands set off on execution from Justice of Peace, under “con-
fession act" what shall be considered legal

443

copy of transcript of deceased Justice's records, into records of another,
to be competent in certain cases

358

of notice to attorney of non residents, by Collector of taxes, what shall be
legal

*488

of notice by officers of sale of lands, what shall be legal

*502

insufficiency of fence, not allowed to be given by defendant, in case
of pound breach

*572

in trials where usury is pleaded in defence, oath of defendant compe-
tent, unless plaintiff will offer his oath

99

of notice by administrator, executor, &c. of their apointment and how
perpetuated

199, 200

[See depositions.]

ces

report of auditors, appointed by Court, to be given to Jury
inhabitants of towns counties and certain other corporations, competent
to give, in case where towns interested

EXCHANGE, damage on inland bills of, regulated, when protested

EXCISE on retailers, and sundry officers [See duties.]

EXECUTIONS on judgments in civil actions, may be issued at any time after 24

hours, and within one year, unless appealed from

to save attachment, must be extended, &c. within thirty days
when to be made returnable and where, in Courts, aud before Justi-

E

given before Coroner, taking inquest to be reduced to writing in
tain cases

of notice of sale of real estate by executor, administrator or guardian,
how preserved

of appointment of executor, administrator or guardian by foreign Courts
of Probate, what shall be sufficient for certain purposes

EXECUTION when an alias may issue

not to issue after expiration of year, without scire facias

to be caset by officers having, for and against same persons, in same
capacity but not to affect attorney's men for costs, nor right of as-
signees .

goods taken on, to be kept 4 days, and advertised 48 hours before sale

at auction

particular, return upon, to be made by officer

copy of, left with certain officers of corporations to be considered as
taking shares, &c. sufficient to authorize sale after notice
copy of, with return to be left with Clerk, after sale
franchise and shares taken on, mode of sale

270

F

270

271

it.

it.

ib.

272,273,274

vendue for such sales, when and how long may be adjourned
real estate of banks, may be sold at auction when taken by
mortgaged to banks, may be taken and sold in same manner 276

273,275

275

equities of redemption how taken and sold on
may be levied on certain possessory titles in same manner, as on equi-
ties of redemption

277

273

how to be extended on real estate

238, 280, 281

return of, &c. to be recorded in Registry of Deeds within three months,
effect thereof

may be extended on saw mills, grist mills, &c.
how to be extended on saw mills, grist mills, &c.
against manufacturing corporations, if not satisfied by return day, may
be renewed and levied upon bodies and estates of any members
in the name and for the benefit of State, how to be issued, served, &c.
how awarded in trustee or foreign attachment process, in cases
when returned unsatisfied in such process, scire facias to issue
how to be levied and collected in foreign attachment, process
how to be awarded by Justices of the Peace

on recognisances for debts

against Sheriffs and Coroners, how awarded and levied

not to issue against their bodies

returned unsatisfied, proceedings thereon, before Gov-
ernor and Council

281

281

262

284

285
290

291

293, 294

356

360

403

405

ib.

when removed, to run against them in common form

406

against counties how levied and collected

450

may be issued against delinquent Collectors, &c. by State Treasurer, at
request of Selectmen

*492

against proprietors of aqueducts, how satisfied

*616

to be awarded against administrator, refusing to account for property
of intestate in their hands, after being cited

225

against administrator who has received personal property not invento-
ried, how awarded

ib.

amount collected on, to be distributed among parties interested
lands, &c. set off on, to executor or administrator, to enure to use of
widow and heirs, unless necessary to be sold for payment of debts
not to issue against body or estate of executor or administrator, but
against estate of deceased, unless on suggestion of waste
against estates of persons deceased may be levied as execution in com-
mon cases, and subject to redemption, &c. by executor or admin'r
in certain cases of equitable claims arising in real actions, how to is-

not to issue on judgments recovered against defendants out of State
when writ was served, until plaintiff file bond, &c. unless notice be
given, &c. before judgment

certain goods, chattels, &c. arms, uniform, &c. of officers and soldiers
of the militia exempted from being taken on
forms of, in several cases [See forms.]
where officer has more than one, mode of applying proceeds of sale of
property taken thereon

EXECUTORS, to file will in Probate office within 30 days after death of testator

414, *688, 702
302, 360
278, 279, 280

196

refusing to accept, &c or being minors, administration with the will
annexed to be granted to some other person

to give bond, to return inventory, or if residuary legatee, to pay debts
and legacies

198

198

where there are divers, none to act, but those who give bond
living out of State to give bond in county where testator lived
to give notice of their appointment, and how

199

ib.

jb.

EXECUTORS, evidence of, such notice how preserved

living out of State, or removing after appointment and neglecting to
render account, or becoming insane, unsuitable, &c. may be removed
feme sole appointed, with another, to lose her authority by marriage
when one or more are removed, remainder, if any to proceed in set-
tling estate

of an executor not thereby to become executor of first testator
having disputed claims, may by agreement with heirs, submit to refer-
ence before Judge of Probate

200

ib.

ib,

201

ib.

ib.

to account for income of real estate, according to appraisment thereof 202
may agree with creditor, before Judge of Probate to submit to reference
demand disallowed by commissioners

204

neglecting to settle account for six months after final report of commis-
sioners, liable to suits of creditors

206

judgment and execution to be awarded by Courts against estate in hands
of such, as if not rendered insolvent

ib.

if such execution be returned unsatisfied, scire facias to issue and judg-
ment to be rendered thercon for waste

ib.

if real estate be taken on such execution it shall be deemed waste
neglecting to raise money, &c. to pay debts of deceased, so that real
estate be levied upon, guilty of waste

ib.

207

of deceased creditor may join with other creditors in compounding
with debtors in certain cases, by consent of Judge

ib.

may require bond of indemnity from heirs, demanding share or legacy,
if Judge of Probate deem it reasonable

211

how to proceed against persons suspected of embezzlement of goods, &c.
of testator

202

one, if residuary legatee, may have action of account against his exec'r 212
not to be guardians to minors interested in same estate

213

to apply to Court for license to sell real estate of deceased for payment
of debts, when personal is insufficient.

may be licensed to sell whole, when partial sale for payment of debts
would injure the residue, notice being first given

228

may be licensed by Supreme J. Court and Common Pleas to make
conveyances to complete contracts of deceased
money received by them as consideration on such contracts to be assets 233
having estate set off to them on execution, or recovering possession of
mortgaged, &c. to hold for widow and heirs, or creditors
may receive sums due from those entitled to redeem and execute release
not bound to answer suits brought within twelve months, unless for de-
mands not affected by insolvency

may recover costs on such suits, in certain cases, by making tender,
or bringing money into Court

ib.

executions and writs against, not to issue against their persons or es-
tates, unless on suggestion of waste

ib.

proceedings against in scire facias on suggestion of waste and judgment
how rendered

dying or removed during pendency of suits, same may be prosecuted
or defended by administrators de bonis non, to final judgment
on such judgments writs of error may be prosecuted by administra-
tors de bonis non

may prosecute or defend actions pending or appealed, when either
party dies pending the action, or before sitting of Court appealed to
if cause of action survive

refusing to become party to such suits, after notice, judgment may be

236

236, 237

237

238

238

238, 239

what shall be equivalent to commencing action against, in cases
limitation to extend to demands on contracts, covenants, &c. of testa-
tor not falling due within four years, unless
liable on joint contract of deceased debtor, as if joint and several 238
not bound to plead specially, but may give special matter under gen-
eral issue

ib.

may sell mortgaged estate, as personal property, when possession was
not obtained by their testators

148

may recover possession by action for, to use of heirs, creditors, &c.

148

and may receive redemption money and execute discharge

EXECUTORS may be licensed to sell real estate lying within, of persons who
lived out of State, under restrictions

appointed by foreign Courts, what shall be evidence here, of their
authority

when licensed to sell real estate, may adjourn vendue not exceeding 14

days

ཝཱཏྠུཀྑུ སྒྱུཝ

232

of deceased Constable or Collector to settle his account with assessors *493
liability of, failing so to do

in their own wrong, who to be so considered

EXEMPTION of enginemen from serving as Jurors in certain cases

ib.

not answerable out of their own estates, on any special promise, unless
in writing

240

212

585

695

*602

378

.*688, 702
414, *702, 688

from military duty, In case

from payment of toll on turnpikes in certain cases

of certain persons from serving as jurors

of arms, equipments, &c. of soldiers from attachment
of certain goods and chattels of debtors from attachment

EXEMPTS [See Militia.]
EXPORTATION of BEEF, PORK, &c. without inspection, prohibited
[See Beef, Bulter, Lard, Fish, Pot and Pearl Ashes, Lime, &c.]
EXTORTION prohibited [See Fees.]

440

F

FALSE INVOICES &c. punishment for making, by owner &c. of vessel, to de-
fraud underwriters

affidavit, protest, &c. by master, with like intent-punishment of
imprisonment, damages for may be recovered, notwithstanding penalty
&c. incurred

FEE TAIL, SIMPLE, &c. [See Estates and entailment.]

87

88

326

of Assessors of taxes

of officers committing person for non payment of taxes
of field driver and pound keeper

FEES of civil officers, and others established and regulated

list of, to be posted up in Clerk's and Register of Probate's office
receipt for to be given by officers if required

440

unlawful penalty for receiving

ih,

formerly allowed,-continued

ib.

of certain salary officers, to be accounted for, before salaries are paid

ib.

received by Clerks of Courts, to be accounted for with County Treas-
urer and half surplus above $1000 to be paid over

399

to be tendered to witnesses when summoned

265

*472

*500

*567

441

#649

*652

*654, 657

*661

*667

*679

persons convicted of part and acquitted of rest of certain offences, how
sentenced

ib.

of tobacco and onions

of stone lime and lime casks

of cullers of staves, &c.-surveyors of boards, &c.

FELONY, in what county indictable, in certain cases, where death happens

when indicted for capital [See Crimes capital and Trials.]

FEME SOLE, appointed co-executor, or guardian, to lose her authority by mar-

FENCES and general and cominon fields regulated

FENCE viewers, two or more to be chosen by towns annually

legal, what shall be so considered

partition to be maintained by occupants of adjoining enclosures
proceeding in case of neglect so to make

200, 216

159
159, $459
159, 160

160

ib.

ib.

party neglecting, liable to pay double the adjudged value, and, after one
month, 12 per cent interest

FENCE viewers to assign in writing the shares of partition fence each party
is to repair

assignment so made, to be recorded-proceedings in case of refusal of
either party to build or repair.

divisional, to be kept in good repair, unless otherwise agreed
viewers to decide in writing how, or on which side of a stream a di-
visional fence shall be built

proceedings in case of neglect to build accordingly

where persons owning in severalty, have improved in common and
one wishes to improve in severalty, what proceedings to be had
partition to remain, where one party lays his land in common, on pay-
ment of value, by owner of adjoining enclosure

when unimproved lands are enclosed, what proceedings to be had as to,
viewer to be taken from each town, where town lines are boundaries
water to be maintained equally, by parties; proceedings against neglect
excepting as to house lots not exceeding half an acre
viewers neglecting their duty, penalty

general proprietors' proportion of, when determined, to be recorded

expenses of, to be borne in proportion to interest of proprietors
around a common field belonging to any occupant, when deficient, what
proceedings to be had

round common fields, when blown down, what proceedings to be
owner of land in general field may enclose it, at his own expense pro-
vided he maintain his share of the general fence

160

161

ib.

ib.

ib.

162

162

ib.

163

ib.
ib.

ib.

164

ib.

ib.

165

166

expense of making-rocky and barren land to be excluded, in mak-
ing estimate

170

fronting on certain grounds, how long time required to justify their
continuance when boundaries cannot be made certain

#523, 524

107

*768

*768, 769

*769

ib.

ib.

ib.

on public landing places to be deemed nuisances
FERRIES not to be kept unless by license from the Court of Sessions
keepers of, to give bond, keep good boats, attendants, &c. under pen-
alty

penalty for keeping, and demanding pay, without license
when established by Sessions, ferryman to be appointed by town, in

case

such ferryman to be licensed, and his fare fixed by Sessions
penalty for his neglect

*557

between towns to be provided for by them, alternately, or jointly #770
may be guarded by order of Selectmen, to prevent spread of contagion
FEVER MALIGNANT [See contagious sickness and quarantine.]
FIELD DRIVERS to be chosen and sworn in towns annually

their duty, fees

FIELDS general and common regulated

where persons owning in severalty, have improved in common, and
one wishes to occupy in severalty, what proceedings to be had
where improved lands are enclosed, what proceedings to be had
[See fences.]

FINDER of money, goods and strays, how to proceed therewith

[See Goods lost-and Strays]

*566

567

159

162

ib.

#573

265

FINES for witnesses refusing to appear, after being summoned
and costs collected by officers, to be paid County Treasurer forthwith 372
collected by Justices of the Peace to be paid to county treas-
ury semi-annually

account of Sheriffs respecting, to be audited by Common Pleas

in case

407

certificates of, to be returned to County Treasurer, by Clerks af-
ter rising of Courts

371

and to Secretary and Treasurer of State within 50 days
imposed on towns for deficient roads, &c. to be expended in re-

FIRE, insurance, against may be made by Marine Insurance Companies to cer-

penalty for selling, not proved, counterfeiting marks,

FIRE PROOF BUILDINGS, &c, to be provided in each county for safe keeping

*685, 686

444

115

*581