TRIALS of persons standing mute, when charged with cipital crime, how conducted 218
of persons indicted for felony and in prison, to be at first term unless bailed ib.
to be at second term, unless

ib.
of persons accused, in criminal cases may be conducted by themselves and

counsel, or either
in cases of treason and misprision of treason, how conducted

28, 50, 51
in cases of usury pleaded in civil actions, how conducted

88
on petitions for partition, when facts are contested, how

115
on review granted by petition, how to be conducted

203, 204
TRUSTEE, [See foreign attachment.)

233
TRUSTEES of estates of minors, and others, appointed by will, to give bond to
the Judge of probate--condition thereof

180, 181
exception as to certain cases, where bond not required

181
refusing to give bond, may be removed, and others substituted by Judge 181
may resign, in certain cases, by permission of Judge

ib.
vacancies--occasioned by death or otherwise, may be filled by Judge

ib.
may be removed by Judge, when becoming disqualified or ansuitable, and
others substituted by him

182
bond to be required of those substituted

ib.
suits on their bonds regulated

187
to be appointed by Supreme J. Court, to manage proceeds of sale of timber
licensed to be cut, for benefit of remainder or reversionary heir

109
such trustees to give bond [See Timber.)

110
TRUSTS--cases of, arising under deeds, wills, contracts, &c. to be determined in
equity, by S. J. Court

158
process, rules &c. to be adopted by S. J. Court to compel performance

ib.
decrees in Probate Court, relating to, may be appealed to $. J. Court

184
costs in such cases to be regulated by S. J. Court

ib.
TRUTH may be given in evidence by defendant in prosecutions for libels, in cases 27
TURNPIKE, corporations, general powers and duties of, defined

477
how 'o be granted, road laid out. damages estimated

ib.
TURNPIKE ROADS, width of, required for travelling

ib.
gates upon-how to be erected, and in what places

ib.
may be ordered by Com. Pleas to be opened, in case

482
no toll to be taken, until revocation of order

483
rates of roll established :-and to be marked on sign boards

478
penalty for injuring gates of-forcibly or fraudulently passing

ib.
giving false answer to toll gatherer

479, 481
certain persons exempted from payment of toll

479
toll of-penalty for demanding more than legal

ib.
intersecting another road, how to be made

480
penalty for making other roads connected with, so as to avoid payment of toll
excepting county roads

481
penalty for driving more than certain numbers of cattle over bridges-on-or
team loaded beyond a certain weight

ib.
penalty for chaining wheels upon-without iron shoe under them

ib,
description of wheels, with certain loads, to be used on

480
when discontinued, land to revert to person owning it, when taken

483
corporations-mode of serving writs upon

479
franchises of, liable to attachment on mesne process

220
when attached, copy of process to be left with Clerk or treasurer
30 days before Court

ib.
manner of selling on execution (See attachment, execution.]
liable in damages and to indictment for neglect to repair, &c.

479
hivdering or delaying passengers-penalty for

ib.
shares in-to be personal estale, how transferable,

480
proprietor neglecting to pay assessments what proceedings

ib.
first meetings of, how to be called

482
- may make rules and regulations not repugnant

ib.
may apply to Common Pleas for leave to remove gates

ib.
* to open roads and espose enclosures until damages paid

485
- to costs in certain cases, like counties

ib.
e in Secretary's office account of expenses and annual account of
olved by Legislature in certain cases

484
!, if object be not accomplished within five years

ib.
be chosen, their powers, duties, &c.

69, 367

ib.

70

TYTHINGMEN, oath of, to be competent evidence in certain cases

U

UNITED STATES prisoners, committed by Judicial authority, to be received
and detained in county gaol

361
UNWHOLESOME PRUVISIONS, punishment for selling

92
'USES charitable, &c. donations and conveyances to be regulated

130
USURY. excessive, prohibited-penalty for taking, and mode of recovery 87, 88
bonds, mortgages, &c. made to secure, void

87
USURIOUS contracts, defendant's oath allowed to prove, unless

88
maritime contracts and letting of catile, &c. not to be deemed

ib.

V
VAGABONDS, rogues, idlers, &c. may be sent to house of correction 362, 433
VESSELS, wiltul destruction of, by owner, or his direction, within body of county
how punished

78
party injured by such destruction may still have action for damages

ib.
fitting out, with intent to be cast away, &c. fraudulently

ib.
owners or master making or procuring false documents, with intent

79
owners of, how far liable for embezzlement of master or mariners

82
charterer of, when to be considered owner, in case

83
when with cargo and freight insufficient to compensate freighters in certain
cases, what proceedings to be had

ib.
freighter or owner entitled to bill of discovery in S. J. Court for goods em-
bezzled

ib.
when shipwrecked, penalty for secreting or intermeddling with

81
pilotage of, regulated

613, 614
master of, may pilot his own

614
having oysters on board, without permit, liable to seizure

616
masters of, having passengers not settled in this State, to leave names with
overseers and give bood 10 indemnify before landing

435
masters of, when contagious sickness is, or has been on board, to answer
questions of Selectmen on oath, when required, under penalty

446
subject to quarantine, to anchor below towns, under penalty

447
when to be subject to quarantine laws and regulations

ib.
master of, violating such laws penalty

448
VENDUE, sale of goods at, regulated

469
no person to sell at, unless licensed by Selectmen

ib.
or by Sessions, if Selectmen unreasonably refuse

470
license not to be required of officers directed by law to sell at

ib.
goods to sell at, not to be received from minor or servant

ib,
occupants of house liable for unauthorized sales at

ib.
sales of real estate at, by executors, administrators, and guardians, may be
adjourned, not exceeding 14 days

191
adjournment of

223, 224
[See Executor, Administrator, Guardian, Oficer, Execution, &c.]
VENIRE must be truly laid in all qui tam, and criminal prosecutions [See Actions.] 218
VENIRES for jurors, when to issue, how to be served, returned 305, to 307, 310

[See Jurors.)
VERDICT of jury on inquest of Coroner, form and manner of return

33'
VIBRATING -teel yards of Dearborn and Hills may be used, provided

[See Weights and Measures.]
VICTUALLER common, how licensed (See Licenses.]
VIEW by Jury in real actions, may be allowed
VIEWERS and @ullers of hoops, how to be appointed [Soe Lumber, Hoops, &c.]
VOLUNTARY escape of prisoners suffered by gaoler, how punished

[See Sheriff, Gugler, &c.)
VOTES for Senators, to be required for whole number on one list

not to be received by presiding officers at town and plantation meet:

trary to law, under penalty

not to be received unless in writing and delivered by person voti's
VOTERS in town and parisb meetings, qualifications of

lists of, how prepared, revised, &c. to be used in town meetip
for State officers, not allowed to vote, until their name shal'

by Selectmen

VOTING double, penalty for

374, 375

W

WIRDENS of Episcopal churches capable of taking in succession grants to pious

129
W ARRINTS to Collector of taxes by Assessors or Selecimen; form of 382, 383
n-w, to be issued in case original is lost

383
from S ale and County Treasurer for collecting taxes to Sheriffin case of de.

383, 384
WARRANTS of distress, may be issued by town Treasurer when appointed cola
lector in case

400
by ourt of Sessions for da mages in laying out highways

409
by Siate Treasurer against delinquent Constables

392
by county, town and plantation and parish Treasurers, against deficient Col.
lectors, and form of

394, 395
to be returned io Treasurer by whom issued, and if unsatisfied may be re-
newed

395
how and by what officers to be executed, in different cases

395, 396
miry issue against corporations for damages assessed by jury or committee,
and be served as execu ions

224
against delinquent Assessors to be issued by State Treasurer

378
WARRANTS for assessing taxes to be transmitted by State Treasurer to Asses-
sors of towns

ib.
of distr. ss from Treasurers, against delinquent Sheriffs

395
mode of executing

396
froin Justices io be served by Sheriff, deputy, Constable, &c.

286
from Coroners to lake inquests on dead bodies, form of, how served

329
of survy on vessels, may be grinied by Notaries

340
of death in he is: ued by Supreme Executive

219
WARRINTY OF BOOTS SHOES, &c. whai shall be considered, by makers

545
WISTE, in imber and cord wood prevented

109
by tenants in common and others prohibited

110
not ku be committed by defendant, pending real action against him

111
in ex criors or adininistrators, what shall be so deemed

171, 172
proceeding on suggestion of, by scire facias against executor or administra-
1or, in Common Phi S, and before Justice

194, 289
[See Executors, &c. Timber, Tenants, &c.]
WATCHES and WIRD in towns, low to be established

439
to be esiabished oy Selermen and Justices of Peace residing in town

440
persons lisbie to waici, number to be s lected, places where

ib.
to be notifi d by Constable

ib.
may be supported by town in some other mode, by tax, in case

ib.
qualifications of, other tha: Constable's watch, to be agreed upon by towns,
in case

441
penalty for neglect to app ar on, when warned

ib.
af duty respecting, by Constable

ib.
Justices, &c. walking grand rounds, to be attended by Constable of

ib.
gaoler's fees for cominiiting persons taken up by

ib.
W\TER FENCES, how o ke maintained by opposite parties [See Fences.]
WAYS, town and private, to be laid oui by Selecimen and approved by town 409
may be discontinued by town

ib.
damages to persons injured by, how sattled

ib.
when Selectmen r-fuse to lay out, or towns refuse to approve, application to
be made to Court of Sessions

ib.
rivate, proprietors of, may call meeting, choose Clerk, surveyor, &c.

418
le of proceeding to repair

ib.
'ty for surveyor's refusal to serve, neglect, &c.

419
ors may raise money, assess and collect taxes, for such purposes, as
e of highwa's (See lrighways.)
"bret, to be sold in market, to be appointed by Selectmen, with powers 507
MEASURES, former standards of continued

458
or to procure public standards of

ib.
or to procure standards, conformable to state standards, and
red thereby every 10 years

439
rocure standards contormable to State

ib.
inted by Selectmen, annually, and to be sworn

460

137

ib.

WEIGHTS and MEASURES, sealers to give notice of time and place when they
will attend to seal, &c. in month of May

460
to visit houses, stores, &c. to prove weights

461
to keep town standards after being sworn

460
ser for, to be procured by low'n Treasurer

459
of Banks to be sealed in June annually

461
and ineasures of counties to be sealed once in ten years

ib.
penalty for using when not sealed

462
WHARVES LANDS, &c. lying in common, mode of management

130
[ See Proprietors.]
WIDO'I' to have dower in estate of busband where she has not joined in con.
veyance

113
may wave provision in husband's will, and claim dower

121
dower secured to, in different cases

113, 12!, 122, 127
entiiled to one third of rents, income, &c. where husband dies seized, until
dower shall be assigned

127
nature of esiale and how to be endowed

128, 229
alienage of, no impediment to dower

127
to have dower assiged within one month, after demand of heir

ib.
entitled to damiges and writ of dower it no! so assigned

ib.
to be allowed by Judge of Probate necessaries out of personal estate in set-
tlement of estares, whether solvent or insolvent

122, 175
and to further allowance, if estale prove solvent in case

175
to have allowance in estates tesiate and insolvent

ib.
in insolvent estates

122
entitled to administration on husband's estate

161
entiiled to one third of personal estate of husband, after payment of debts , 122
entitled to one half if there be no children .

ib,
entitled to whole if there be no kindred

ib.
reversion of dower may be divided among heirs and when

174
reversion of dower may be sold for benefit of creditors, when estate is insolvent 169

interest of, in duwer may be purchased by guardian, tor benefit of minors, in case 177
WIFE may be authorized io sell her real estate, for certain purposes, when de-
serted by her husband

206
[See Married Woman, also Divorce.]
WILLS, what person), capable of making,

118
how to be executed, utested, or revoked

ib.
nuncupative-how and when to be proved

118, 119
to be filed in Probate Office within thirty days from death of testator

164
may be approved by Judge in curtain cases, on testimony of one or more
witnesses

ib.
depositions of witnesses to, may be taken by dedimus from Judge of Probate,
in certain coses

ib.
witnesses to, who may be competent and legal

119, 120
posthumous children not provided for by, to have share, as if intestate

120
children not named by father, &c to have share

121
estate not devised by, to descend as intestate

ib.
proved in foreign Courts, copy of may be filed and recorded in Probate Office
of county where estate devised lies

164
notice to be ordered by Judge, before directing record of to be made

165
appeal allowed from such order of Judge

ib
proviso as to effect and operation of such wills
legalees and devisees to make contribution in certain cases

widow may wave provision under, and claim dower
WITHERNAM, writ of, when to issue in cases of replevin and homine re

plegiando

forms of, in cases
WITNESSES when summoned in civil cases, and fees tendered, to appear

penalty of attachment
amount of fees to be tendered
by whom subpæna for, to be issued
not to be summoned in criminal cases, in behalf of State, by Just
to tesuify before Grand Jury, may be sworn by foreman, in r

torney for State, and list of to be returned into Court
not disqualified in cases where counties, towns, corporati,

they are members or inhabitants, are interested inles
to be summoned by Coroner, taking inquest of stuen

WITNESSES may be recognized by Coroner, where felony appears to be committed 330
certifying falsely as to travel and attendance, penalty for

352
may be compelled to appear in behaif of persons indicted for treason and
other crimes

• 27, 51
persons convicted of perjury, &c. not to be admitted as

77
to wills, who may be competent and legal

119, 120
devises to them, void

119
when legatees, if legacy be paid or refused, to be competent

ib.
when creditors and their debts are charged on real estate, to be competent ib.
when legatees, and deceased, to be deemed legal

119, 120
refusing to appear before Judge of Probate, low punished

187
mother of bastard child admitted as-in case

281
two, necessary to convict of treason (See Evidence.]

27,51
WOMEN, (See Feme Sole, Married Women, &c.]
WOOD for fuel, measuring of, regulated

543
measurer of, to be chosen by towns in March or April

367
(See Timber, Fuel, &c.]
WORK HOUSES for reception and employment of the idle and indigent, to be
erected by towns

435
Overseers of, to be chosen by towns, their powers and duties

ib.
several towns may join in building

436
mode of choosing officers, and managing concerns of such

ib
officers to meet at quarterly

ib.
other meetings of officers may be held, proceedings

ib.
compensation of master and assistant of, to be borne by towns concerned 437
any two overseers may commit by warrant, such as are liable to be

ib.
no town to send more than its proper share to

ib.
idle or indigent foreigners may be sent to and employed at

438
general description of persons liable to be sent to and governed in

437
overseers to keep a fair account of charge of supporting foreigners to be laid
before Legislature for allowance

438
penalty for town neglecting to provide its proportion of furniture, materials,
&c. at

ib.
towns may furnish for, more than its proportion of materials, in case
master of, to keep distinct account, and to be answerable for prime costs as
well as profits, to keep register

ib.
overseers to settle accounts, &c. of master, at general meeting

439
towns liable to support at, such only as were sent by their overseers

ib,
persons committed, how to be discharged from

ib.
profits of labor at, how divided

ib,
may be discontinued by towns, when

ib.
WORSHIP public, penalty for disturbing, indecent behavior at

69
WRECKS [Sce Commissioners of Wrecks.]
WRECKED property, penalty for secreting
WRIT OF DO WER, widow entiiled to, if not assigned to her, within one month 127
of Habeas Corpus, persons restrained, &c. entitled to, and how to obtain 261

may be granted by Supreme J. Court, or any Judge
thereof and how and when returnable

ib,
not to be granted to persons confined for certain offences ib.
form of, in different cases

261, 262
persons discharged by, not to be again restrained for
same cause, unless

264
of partition at common law, tenant in common entitled to

115
on Probate bonds to be endorsed with name, &c. of party interested

185
ainst executors and administrators, not to run against their bodies, &c. but
gainst estate of deceased in their hands, unless for waste

194
stiorari, mandamus and prohibition, may issue from Supreme J. Court to

rior tribunals
me J. Court to bear test of first Justice, seal of Court and signature

199
k

ib.
RROR, may be prosecuted by and against administrators de bonis

194
on judgment, &c.after twenty years

244
o issue and be prosecuied, when granted on petition

204
vrsed by plaintiff or attorney, and their liability

210
sin, may be amended without cost, on motion

212
party dies, while pending, what proceedings to be had 215

fib.

81

#ain cases