appeal allowed to Sup. J. Court, and proceedings thereon
Costs and fees of Justices, &c. how taxed and allowed
NUISANCES in highways, may be removed by surveyor, or any other person
persons aggrieved by removal, may apply to Sessions

111

112

#322

*522

buildings, fences, &c. when adjudged to be removed by order of Court *523

OATH, when and in what cases to be imposed and required in S. J. Court
how to be administered, in all cases

of persons convicted of infamous crimes, not to be received in Courts
may be administered by dedimus from Courts, in case, &c.
of judicial and other officers before whom to be taken
of town officers, when and how to be taken

record of, to be made by town Clerk

76, 118, 459, 460

*460

397

of inspectors of beef, pork, pot and pearl ashes, &c. [See inspectors, &c.]
of parties in trials, where usury is pleaded, when permitted and how 99, 100
of attornies at law on admission to practice in Courts
persons scrupulous of taking, may be allowed to affirm
of grand and traverse jurors in different cases

384, 393, 394

382, 383

to be administred by commissioners on insolvent estates, to creditors
to be taken by committee to divide, or appraise estate, or commission-
ers to receive claims, &c.

205

210

224

of executors and administrators, licensed to sell real estate, form of,
OCCUPANCY and possession of real estate, nature of, to bar action of demandant 297
[See limitation, actions real, &c.]

OFFICES, incompatibility of

26, 33, 34, 36, 38, 40, 421

persons convicted of duelling, &c. disqualified from holding,
OFFICERS certain commissioned by Governor, to pay duty to Treasurer of State
or county [See Clerks, Sheriffs, &c. and duties]

judicial and executive, &c. before whom to take and subscribe oaths of
qualification

fees of, established

receiving fees, to give receipt, if required

OFFICERS, civil or military, &c. when sued for misfeasance, &c. may give spe-
cial mafter in evidence under general issue, filing brief statement

to direct at fires, in absence of fire wards

55

425

427

ib.

440

261

*583

of towns, &c. [See town, plantation and parish.]
levying executions on goods and chattels of debtor, to make particu-
lar return

271

to offset executions for and against same persons, in same capacity-
but not to the prejudice of assignees, or attorney's lien for costs 270,271
mode of taking by, in execution, of stock, &c. of corporations 271,272
taking goods, &c. on execution to sell in four days, giving 48 hours'
notice previous to sale

271

notice required in such cases

may sell at auction, real estate of Banks taken on execution
deed of, when and how to be given

may sell in same manner, real estate mortgaged to Banks

deed, under such sale, to pass debt collateral, to purchaser
may levy execution on equities of redemption in mortgaged estates

selling shares in corporate companies, on execution, how to proceed
to complete transfer, &c. thereby

power to adjourn vendue

having writ or execution against owner of shares in company, may
require of Clerk or Cashier certificate of amount of debtor's shares
how to proceed in taking on execution franchises of corporations
notice to be given, proceedings as to sale

271, 272

272

273, 275

273

ib.

273, 274

275

ib.

276

ib.

277

mode of proceeding therein, notice to be given previous to sale, deed &c. ib.
may levy on certain possessory titles to real estate, and sell in same

manner

having surplus in their bands arising from sales at auction, how to dis-
pose of it, or retain subject to other executions in their own or in
other officers hands

278

278-280

having prisoner, to deliver copy of warrant within 6 hours after demand 324
taking bail in civil actions to return bond with writ

332

-to notify bail 15 days before return day of exec'n against principal ib.
may be called upon to assist magistrates in certain cases

354

to serve warrants, &c. from Justices of the Peace

355

to serve executions issued by same, on debts recognised before them
collecting fines and costs on judgments or sentences of Courts, to pav
over forthwith to county Treasurer

330

372

ib.

OFFICERS permitting prisoner to escape, sentenced to pay fine and costs, penalty 372
held to produce to Courts, receipts from county Treasurer, for fines
committing persons for non payment of taxes, to leave copy of war-
rant and amount of assessinent

to execute warrants of distress from town Treasurers
notice of sale of lands by--what shall be deemed legal evidence of
to execute warrants, from Jus. of Peace, to remove persons infected
to secure and examine baggage suspected, and to break open
houses, &c. if necessary
expenses of how paid

not to purchase notes, &c. to make profit by suits thereon

OFFSET, accounts may be filed in, to certain demands sued, and how
executions how to be, in certain cases

ONIONS, weight and sale of, in bunches, regulated

weighers to be appointed by Selectmen; their duties and fees
OUTLAWRY, process of regulated, end against whom to be issued

persons having judgment against, how far disqualified

*499

"502
"502

"558

"559

ib.

100

260

270

*661

ib.

337, 338
339

real estate of persons in, bound to respond judgment as to fine and costs 339
proceedings-when persou appears in Court and confesses, or traverses 340
OVERSEERS of the poor to be chosen by towns in March or April annually *459, 531
their powers, duties, &c. [See poor.]

certificate of, required by Courts, before granting license to sell real
estate of spendthrifts, non compos, &c.

#532

229, 230

of work houses, how chosen, powers, duties [See work houses.] *546-551

OYSTERS, penalty for taking away or destroying

not to be taken without written permit from Selectmen
OWNERS of improved lands, &c. if within the State, or their tenant, may be
assessed for taxes

*774

ib.

#495

of vessels how far liable for misconduct of master or mariners in
tain cases

PAGE, in copying, recording, &c. to be computed at 221 words
PAGEANTRY and public shows in night time, prohibited
PAPER, packing and sale of, regulated

penalty for selling or disposing of, when not marked
PARDONS, conditional, may be granted in certain cases, by Governor and Council 123
PARENTS and GUARDIANS of minors, liable for mischief done by their wards,
&c. in certain cases

60, *555, 572

may have action for damages against persons enticing or carrying away

minors

PARISHES and RELIGIOUS SOCIETIES, may incorporate themselves, under
warrant from Justice of Peace, meet and choose officers

103

*592

may take and hold real estate amounting in income to $3000
meetings how called, proceedings at

*592, 596
592, 593

may vote and asesss money on pews in part, or whole, or on
and estates

polls

*593,594

pews in, may be sold for taxes and how

#594

pew tax, may be paid to owner's designated teacher, unless, &c.

mode of alienation by ministers, and by deacons and elders in certain

cases

ib

mode of serving writs, &c. upon

how to settle with Collector, about to remove, and choose another 489, 490
qualifications of voters in affairs of, in certain cases
officers not bound to plead specially [See Officers.]

*459

261

255

may plead their own cause, with or without aid

Treasurers of, may issue warrants against deficient Collectors 493-495
form of warrants, how levied

PARTIES to suits, dying-provision in such cases

in criminal cases, may be heard by themselves and council, or either 22
prevailing entitled to costs

174, 175, 263, 259

PARTITION of real estate held in common, may be made on writ or petition 133, 134
mode of proceeding on petition to Courts for notice, &c.
when facts are contested, mode of trial by Jury

134

135

*495, 494, 493

262,236

24

PARTITION when petitioner is proved to own less than he claims, cost to re-
spondent

appeal allowed from judgment of partition, in Common Pleas, both on
actions, and petitions for

135

ib.

before order for, Court to appoint guardians for minors, and agents for
absent persons, interested

136

ib.

ib.

ib

committee appointed by Courts to make, to give notice to persons in-
terested, before proceeding

new, may be made in certain cases on complaint, if within 3 years
mode of making such, and adjusting claims respecting

costs of, payment may be compelled by Courts, in proportion to shares
special assignments, of messuage, &c. may be made to one, in certain
cases, he paying value of surplus, &c. to others

PARTITION of real estate among heirs and devisees, by Probate Court

[See Probate, estates real, &c.]

PASSENGERS, having no settlement in State not to be landed by masters of ves-
sels without giving bond of indemnity, &c. to town

PAUPERS, introduction of, from foreign ports prevented

[See Poor]

PEDLERS, HAWKERS and PETTY CHAPMEN, provisions against

licenses may be granted to certain persons for sale of tin ware, by Court
of Sessions, on conditions

amount of duty to be paid county Treasurer for such license
carriage employed by, to be uaiked

PENALTIES, FINES, &c. actions, indictments and informations for, where and
how to be prosecuted

for breach of Lord's day and how recovered and appropriated

- profane cursing and swearing, first and second conviction
fornication

.

intermeddling with or secreting shipwrecked property, in certain
commissioners of wrecks, neglecting to publish statement

- arresting dead bodies

137

ib.

207

*546

"545

"761

"762

ib.

ib.

267, 263

73-77

72

78

cases 90

ib.

94

99

101

violating regulations respecting safe keeping of gunpowder
suffering stoves, stove-pipes and chimnies to be defective, in cer-
tain towns, and how recovered

112

114

- offering for sale, or firing squibs, rockets, &c. without license of
Selectmen, and how recovered

making lottery, selling tickets, &c. not authorized by State or Con-
gress, and how recovered
-distilling through leaden pipes, worms, &c. and how recovered and
appropriated

116

-taking excessive usury, mode of recovery

Attorneys, Justices and Sheriffs, purchasing demands for collection
bribery in taking or receiving

transporting minors and others, or enticing them out of State for
purpose of enlisting into the U. S. army, and how recovered and ap-
propriated

.

committing trespasses in gardens, orchards, ornamental trees, &c.
how recovered

123-125

joint tenants, tenants in common, committing waste, how recovered 128
defendant committing waste while real actions pending against him
how recovered

refusing to appear as witness in Probate Court after being cited
-not filing will in Probate office within thirty days after death of

fraudulent return of officer on execution, when goods are taken and
sold

271

Clerks, &c. of incorporated companies refusing to give certificate
of shares belonging to debtor, on request of officer
officer refusing to deliver his prisoner, copy of warrant
disobeying or making false return of habeas corpus

273

324

325

removing prisoners from one gaol to another without habeas corpus

ib.

officer refusing to attend before Justice of Peace to receive princi-
pal surrendered by his bail

335

neglect of Justices and Ministers to make annual return of marriages
by them solemnized

343

neglect of Clerks of Quaker meetings to make similar returns

344

- refusal, &c, of officers to aid, when called upon by Justice of Peace 354

PENALTIES and FINES, for refusal of other persons, to assist, &c. in absence

of officers

for officers collecting fines, costs, &c. accruing to State and neglecting
to pay over to county Treasurer

permitting person sentenced to pay fine and costs, to go at large
Justices of the Peace neglecting to pay over fines, semi-annually
county Treasurer neglecting to adjust accounts, with State Treas'r
violations of any of the provisions of the Jury law, by Clerks, Se-
lectmen, Constables, &c. [See Jury.]

354

372

ib.

373

ib.

387,388

non-attendance when summoned to give deposition before Jus. Peace 391
Sheriff neglecting to give bond required by law

401

County attorney neglecting duty relating to Sheriff's bonds
Clerks neglecting to return certificates of fines, &c. to Secretary and
Treasurer of the State

ib.

406

-

refusing to aid Sheriff, &c. in criminal cases when required
person without authority, presuming to act as Sheriff
Constable, serving writs, &c. before giving bonds

refusing to execute Coroners warrant for jury of inquest
non attendance of jurors summoned on Coroners' inquest
neglecting to deposit records of deceased Notaries in Clerk's office
and how recovered

407

ib.

408

410

ib.

424

- injuring or destroying such records how recovered
officers receiving unlawful fees

ib.

440

- gaoler neglecting to preserve and deliver his successor warrants, mit-
timuses, &c. relating to prisoners

446

neglecting to hand in list of prisoners at opening of Courts
gaoler or other person giving ardent spirits to prisoners

446

448

- gaoler violating other provisions respecting prisons and prisoners
suffering prisoner to escape through negligence

persons chosen to town offices, refusing to be qualified after
notice

Moderator or Selectmen permitting votes to be examined before
poll closed

ib.

449

*460, 471

*462

voting before name is found on list, or giving false answer
- presiding officer at meetings, receiving votes contrary to law
town and plantation Clerks neglecting duties at meetings
refusing to take oath when chosen Assessor
towns neglecting to choose Assessors or Selectmen

$466, 469
*467
*468, 469

*471

*472

Assessors failing to assess taxes according to warrants from
Treasurer

Moderator of plantation meetings neglecting to notify officers chos-

en, to be sworn

- refusing to aid Collectors of taxes when required

- towns and plantations neglecting to raise and expend money re-
quired by law for schools

$506
ib.

persons teaching schools without certificate of qualifications
surveyors of highways refusing to serve, or neglecting duty *514, 517
County & town suffering roads to be out of repair, whereby life is lost *518
obstructing highways by logs, timber, &c.

*523

State

*473, 474

*476

*488, 489

surveyors of private ways refusing to serve, or neglecting duty
towns, Selectmen, &c. neglecting duty respecting guide posts
persons injuring or defacing guide posts

#525, 526

*527

ib.

-

breaking up street, &c. to lay drains, &c. without consent of

- bringing into, or leaving pauper in any town where he has no
tlement

set-

#545

-landing passengers from foreign places, before giving bond to
demnify town

assembling by night in streets, with pageants, images and shows
making bon-fires, &c. in streets near houses

persons arriving from infected places, neglecting to give notice to
Selectmen

ib.

PENALTIES and FINES, masters of vessels arriving from infected places, refus-
ing to answer questions of Selectmen, under oath
violations of quarantine regulations

#559

*561, 562, 563, 564

inoculating with small pox contrary to law without license
-keeping hospitals for small pox in places not allowed by law
-householder neglecting to inform Selectmen when small pox is in
his family

*564

ib.

*566

ib.

- towns neglecting to keep and maintain sufficient pounds
- suffering horses, mules, asses, swine, &c. to go at large in cases *567
horses ungelded, rams, he-goats, &c. to go at large in
certain seasons

- rescuing beasts taken up going at large, before impounded
- pound breach

*568

*571, 572
*572

finder of lost goods, stray beasts, &c. neglecting to advertise
-County and town Treasurer neglecting to procure standards of
weights and measures, and seal for town sealer

*575

*576, 577

occupying building as sail loft or livery stable in places not ap-
proved by Selectmen

#585

Constable neglecting to render account of taxes to Selectmen or
Assessors

/*489

-destroying, injuring, or forcibly passing turnpike gates without pay-
ing toll

Constable, &c. removing, or intending, &c. refusing to deliver up
bill of assessments

*490

*601

- fraudulently avoiding turnpike gates

*602

ib.

ib.

-giving false answer to toll gatherer, by person claiming exemption
for demanding more than legal toll at turnpike gates how recovered
having in possession stereotype plates for bank bills, contrary to law *621
Banks neglecting to pay their bills on demand

issuing bills for fractional parts of a dollar

ib.

*622

refusing to pay at their banks their bills issued payable elsewhere ib.
neglecting to make returns semi-annually, to Sec'ry of State *626
- refusing to loan money to State when required by Treasurer
-becoming member of unincorporated banking associations

-giving currency to bank bills out of State under 5 dolls. except

- violating provisions relating to inspection of

beef and pork for exportation

butter and lard

smoked and pickled fish

pot and pearl ashes

for violating provisions respecting manufacture of malt

measuring fire wood, bark and charcoal
manufacture of boots and shoes

retailers, &c. giving credit to students at Colleges, against the direc-
tion of the President, &c.

*749

-

pedlers, hawkers, &c. vending their articles without license
employing boats and lighters for transporting stone, sand, &c. when
unmarked, or falsely marked

*761

#763

throwing over ballast in harbours, or taking it away from islands
-owner of mischievous dogs neglecting to kill or confine after notice *765

*764