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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
to be at second term, unless

ib.

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

in cases of usury pleaded in civil actions, how conducted
on petitions for partition, when facts are contested, how
on review granted by petition, how to be conducted
TRUSTEE, [See foreign attachment.]

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

exception as to certain cases, where bond not required

refusing to give bond, may be removed, and others substituted by Judge
may resign, in certain cases, by permission of Judge
vacancies occasioned by death or otherwise, may be filled by Judge
may be removed by Judge, when becoming disqualified or unsuitable, and
others substituted by him

bond to be required of those substituted

its on their bonds regulated

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
such trustees to give bond
TRUSTS--cases of, arising under deeds, wills, contracts, &c. to be determined in

[See Timber.]

equity, by S. J. Court

gates upon-how to be erected, and in what places
may be ordered by Com. Pleas to be opened, in case
no toll to be taken, until revocation of order

process, rules &c. to be adopted by S. J. Court to compel performance
decrees in Probate Court, relating to, may be appealed to S. J. Court
costs in such cases to be regulated by S. J. Court

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

how to be granted, road laid out. damages estimated
TURNPIKE ROADS, width of, required for travelling

rates of toll established :—and to be marked on sign boards
penalty for injuring gates of-forcibly or fraudulently passing
giving false answer to toll gatherer

certain persons exempted from payment of toll

toll of penalty for demanding more than legal
intersecting another road, how to be made

27

28, 50, 51

88
115
203, 204

233

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

manner of selling on execution [See attachment, execution.]
liable in damages and to indictment for neglect to repair, &c.
hindering or delaying passengers-penalty for

shares in-to be personal estate, how transferable,

180, 181

180

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

penalty for chaining wheels upon-without iron shoe under them
description of wheels, with certain loads, to be used on

when discontinued, land to revert to person owning it, when taken
corporations-mode of serving writs upon

franchises of, liable to attachment on mesne process

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

proprietor neglecting to pay assessments what proceedings
first meetings of, how to be called

may make rules and regulations not repugnant

may apply to Common Pleas for leave to remove gates


to open roads and expose enclosures until damages paid

olved by Legislature in certain cases

, if object be not accomplished within five years
> be chosen, their powers, duties, &c.

to costs in certain cases, like counties

e in Secretary's office account of expenses and annual account of

181

ib.

ib.

182

ib.

187

27

477

ib.

ib.

ib.

482

483

478

ib.

479, 481

479
ib.

480

481

ib.

ib.

480

483

479

220

109

110

158

ib.
184

ib.

ib.

223

479

ib.

480

ib.

482

ib.

ib.

485

ib.

ib.

484

ib.

69, 367

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TY THINGMEN, 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

UNWHOLESOME PROVISIONS, punishment for selling
USES charitable, &c. donations and conveyances to be regulated
USURY excessive, prohibited-penalty for taking, and mode of recovery
bonds, mortgages, &c. made to secure, void
USURIOUS contracts, defendant's oath allowed to prove, unless

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

when shipwrecked, penalty for secreting or intermeddling with
pilotage of, regulated

master of, may pilot his own

having oysters on board, without permit, liable to seizure

masters of, having passengers not settled in this State, to leave names with
overseers and give bond to indemnify before landing
masters of, when contagious sickness is, or has been on board, to answer

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362, 433

VAGABONDS, rogues, idlers, &c. may be sent to house of correction
VESSELS, wilful destruction of, by owner, or his direction, within body of county

how punished

party injured by such destruction may still have action for damages
fitting out, with intent to be cast away, &c. fraudulently

owners or master making or procuring false documents, with intent
owners of, how far liable for embezzlement of master or mariners
charterer of, when to be considered owner, in case

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

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

bezzled

questions of Selectmen on oath, when required, under penalty
subject to quarantine, to anchor below towns, under penalty
when to be subject to quarantine laws and regulations
master of, violating such laws penalty
VENDUE, sale of goods at, regulated

no person to sell at, unless licensed by Selectmen

or by Sessions, if Selectmen unreasonably refuse

license not to be required of officers directed by law to sell at
goods to sei! at, not to be received from minor or servant
occupants of house liable for unauthorized sales at

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

adjournment of

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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, e
VOTERS in town and parish 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

70

361

92

130

87, 88

87

88

ib.

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ib.

81
613, 614

614
616

82

83

435

446

447

ib.

448

469

ib.

470

ib.

ib.

ib.

191

223, 224

[See Executor, Administrator, Guardian, Officer, 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.]

33'

VERDICT of jury on inquest of Coroner, form and manner of return
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 cullers of hoops, how to be appointed [See Lumber, Hoops, &c.]
VOLUNTARY escape of prisoners suffered by gaoler, how punished

[See Sheriff, Gugler, &c.]

VOTING double, penalty for

W

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

uses

WARRANTS to Collector of taxes by Assessors or Selectmen, form of
new, to be issued in case original is lost

from S ate and County Treasurer for collecting taxes to Sheriff in case of de-
ficiency in towns, or Assessors

383, 384

WARRANTS of distress, may be issued by town Treasurer when appointed col-

.

lector in case

by Court of Sessions for damages in laying out highways

by State Treasurer against delinquent Constables

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

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

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

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

of distress from Treasurers, against delinquent Sheriffs
mode of executing

from Justices to be served by Sheriff, deputy, Constable, &c.

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

against delinquent Assessors to be issued by State Treasurer
WARRANTS for assessing taxes to be transmitted by State Treasurer to Asses-

sors of towns

of survey on vessels, may be granted by Notaries

of death to be issued by Supreme Executive

WARRANTY OF BOOTS SHOES, &c. what shall be considered, by makers
WASTE, in amber and cord wood prevented

by tenants in common and others prohibited

not to be committed by defendant, pending real action against him
in executors or administrators, what shall be so deemed

[See Executors. &c. Timber, Tenants, &c.]
WATCHES and WARDS in towns, aow to be established

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to be established by Selectmen and Justices of Peace residing in town
persons liable to watc, number to be selected, places where
to be notified by Constable

374, 375

penalty for neglect to appear on, when warned

129

382, 383
383

proceeding on suggestion of, by scire facias against executor or administra-
1or, in Common Ples, and before Justice

of duty respecting, by Constable

Justices, &c. walking grand rounds, to be attended by Constable of
gaoler's fees for committing persons taken up by

WATER FENCES, how to be maintained by opposite parties [See Fences.]
WAYS, town and private, to be laid out by Selectmen and approved by town

may be discontinued by town

ivate, proprietors of, may call meeting, choose Clerk, surveyor, &c.
de of proceeding to repair

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

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may be supported by town in some other mode, by tax, in case
qualifications of, other than Constable s watch, to be agreed upon by towns,

in case

394, 395

395
395, 396

damages to persons injured by, how settled

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

ib.

395

396

286

329

340

219

545

109

110

111

171, 172

194, 289

439
440

ib.

ib.

ib.

400

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409

392

er to procure standards, conformable to State standards, and
red thereby every 10 years

rocure standards conformable to State

inted by Selectmen, annually, and to be sworn

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224
378

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418

⚫ors may raise money, assess and collect taxes, for such purposes, as

2

of highways [See Highways.]

"beef, to be sold in market, to be appointed by Selectmen, with powers 507
MEASURES, former standards of continued

er to procure public standards of

419

459

460

WEIGHTS and MEASURES, sealers to give notice of time and place when they
will attend to seal, &c. in month of May
to visit houses, stores, &c. to prove weights
to keep town standards after being sworn
seat for, to be procured by town Treasurer
of Banks to be sealed in June annually

and measures of counties to be sealed once in ten years

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penity for using when not sealed

WHARVES LANDS, &c. lying in common,

mode of management

[See Proprietors.]

WIDOW to have dower in estate of husband where she has not joined in con-

veyance

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

dower secured to, in different cases

113
121

113, 121, 122, 127

entitled to one third of rents, income, &c. where husband dies seized, until
dower shall be assigned

nature of estate and how to be endowed
alienage of, no impediment to dower

to have dower assigned within one month, after demand of heir

entitled to damages and writ of dower if no so assigned

to be allowed by Judge of Probate necessaries out of personal estate in set-

tlement of estates, whether solvent or insolvent

and to further allowance, if estate prove solvent in case

to have allowance in estates tes ate and insolvent

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in insolvent estates
entitled to administration on husband's estate

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

entitled to whole if there be no kindred

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how to be executed, attested, or revoked
nuncupative- how and when to be proved

to be filed in Probate Office within thirty days from death of testator
may be approved by Judge in certain cases, on testimony of one or more
witnesses

depositions of witnesses to, may be taken by dedimus from Judge of Probate,

in certain cases

witnesses to, who may be competent and legal

posthumous children not provided for by, to have share, as if intestate
children not named by father, &c to have share

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penalty of attachment

amount of fees to be tendered

reversion of dower may be divided among heirs and when

174

169

reversion of dower may be sold for benefit of creditors, when estate is insolvent
interest of, in dower may be purchased by guardian, for benefit of minors, in case 177
WIFE may be authorized to sell her real estate, for certain purposes, when de-

serted by her husband

206

[See Married Woman, also Divorce.]
WILLS, what persons capable of making

plegiando

forms of, in cases

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

127
128, 229

127

estate not devised by, to de-cend as intestate
proved in foreign Courts, copy of may be filed and recorded in Probate Office

of county where estate devised lies

by whom subpoena for, to be issued

not to be summoned in criminal cases, in behalf of State, by Just
to testify 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 nles
to be summoned by Coroner, taking inquest of stuer

460

461

460

122, 175

175

ib.

122

161

122

ib.

ib.

notice to be ordered by Judge, before directing record of to be made
appeal allowed from such order of Judge

proviso as to effect and operation of such wills

legatees 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

459

461

ib.

462

130

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118
ib.

118, 119
164

ib.

ib.

119, 120

120
121

ib.

ib.

ib.

164
165
ib

;'

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 behalf of persons indicted for treason and

other crimes

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

to wills, who may be competent and legal

-

when legatees, and deceased, to be deemed legal

refusing to appear before Judge of Probate, how punished
mother of bastard child admitted as-in case
two, necessary to convict of treason [See Evidence.]

&c.]

devises to them, void

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

when creditors and their debts are charged on real estate, to be competent

WOOD for fuel, measuring of, regulated

measurer of, to be chosen by towns in March or April
[See Timber, Fuel, &c.]

WORK HOUSES for reception and employment of the idle and indigent, to be

erected by towns

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

several towns may join in building

mode of choosing officers, and managing concerns of such

officers to meet at quarterly

other meetings of officers may be held, proceedings

compensation of master and assistant of, to be borne by towns concerned
any two overseers may commit by warrant, such as are liable to be
no town to send more than its proper share to

27, 51

77

119, 120

119

ib.

ib.

119, 120

187

281

27, 51

idle or indigent foreigners may be sent to and employed at
general description of persons liable to be sent to and governed in
overseers to keep a fair account of charge of supporting foreigners to be laid
before Legislature for allowance

penalty for town neglecting to provide its proportion of furniture, materials,

&c. at

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

overseers to settle accounts, &c. of master, at general meeting
towns liable to support at, such only as were sent by their overseers
persons committed, how to be discharged from

profits of labor at, how divided

may be discontinued by towns, when

WORSHIP public, penalty for disturbing, indecent behavior at
WRECKS [See Commissioners of Wrecks.]

WRECKED property, penalty for secreting

WRIT OF DOWER, widow entitled to, if not assigned to her, within one month
of Habeas Corpus, persons restrained, &c. entitled to, and how to obtain
may be granted by Supreme J. Court, or any Judge
thereof and how and when returnable

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

persons discharged by, not to be again restrained for

same cause, unless

of partition at common law, tenant in common entitled to

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

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

k

on judgment, &c. after twenty years

o issue and be prosecuted, when granted on petition

rsed by plaintiff or attorney, and their liability

543

367

RROR, may be prosecuted by and against administrators de bonis

*ain cases

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261, 262

264

115
185

194

ib.

194

244

204

210

sin, may be amended without cost, on motion

212

"

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

199

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