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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

of persons accused, in criminal cases may be conducted by themselves and
counsel, or either

ib.

ib.

27

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

28, 50, 51
88

115

203, 204

may resign, in certain cases, by permission of Judge

vacancies occasioned by death or otherwise, may be filled by Judge

bond to be required of those substituted

suits on their bonds regulated

such trustees to give bond

equity, by S. J. Court

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 be removed by Judge, when becoming disqualified or unsuitable, and
others substituted by him

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

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

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
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

233

180, 181

180

181

ib.

ib.

182

ib.

187

109

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

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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.

shares in-to be personal estate, how transferable,

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

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

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

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480

483

479

220

ib.

223

479

ib.

480

ib.

482

ib.

ib.

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to open roads and expose enclosures until damages paid
to costs in certain cases, like counties

483

ib.

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

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

olved by Legislature in certain cases

ib.

484

ib.

69, 367

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

V

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

362, 433

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

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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 bond to 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

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

ib.

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

[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

[See Jurors.]

VERDICT of jury on inquest of Coroner, form and manner of return
VIBRATING Steel yards of Dearborn and Hills may be used, provided

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305, to 307, 310

331

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.]

VOTES for Senators, to be required for whole number on one list

not to be received by presiding officers at town and plantation meeti
trary to law, under penalty

not to be received unless in writing and delivered by person votirg

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

VOTING double, penalty for

W

374, 375

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

129

382, 383
383

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 ourt of Sessions for damages in laying out highways
by State Treasurer against delinquent Constables

400

409

392

394, 395

395

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

395, 396

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

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 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

of survey on vessels, may be granted by Notaries

of death to be is: ued 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

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proceeding on suggestion of, by scire facias against executor or administra-

1or, in Common Pies, and before Justice

[See Executors. &c. Timber, Tenants, &c.]

WATCHES and WARDS in towns, aow to be established

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

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

224

378

ib.

395

396

286

329

340

219

545

109

110

111

171, 172

194, 289

439

440

ib.

ib.

ib.

441

ib.

ib.

ib.

qualifications of, other than Constable s watch, to be agreed upon by towns,

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

gaoler's fees for committing persons taken up by

WATER FENCES, how o 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

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

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

le of proceeding to repair

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

ors may raise money, assess and collect taxes, for such purposes, as
of highways [See Highways.]

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

er to procure public standards of

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

rocure standards conformable to State

inted by Selectmen, annually, and to be sworn

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

seal 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
pensity 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-

460

461

460

459

461

ib.

462

130

113

veyance

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

121

dower secured to, in different cases

113, 121, 122, 127

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

127

nature of estate and how to be endowed

128, 229

alienage of, no impediment to dower

127

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

entitled to damages and writ of dower if not so assigned

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

ib.

ib.

122, 175

and to further allowance, if estate prove solvent in case
to have allowance in estates testate and insolvent

in insolvent estates

175

ib.

122

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

161

122

ib.

entitled to whole if there be no kindred

reversion of dower may be divided among heirs and when

ib.

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, tor benefit of minors, in case 177
WIFE may be authorized to sell her real estate, for certain purposes, when de-

serted by her husband

[See Married Woman, also Divorce.]

WILLS, what persons capable of making
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

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

120

121

appeal allowed from such order of Judge

proviso as to effect and operation of such wills

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

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

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

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 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 ster

ib.

164

165

ib

devises to them, void

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

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

-

352

27, 51
77

119, 120

119

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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, how punished

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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

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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

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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

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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

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ib.

261, 262

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

RROR, may be prosecuted by and against administrators de bonis

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264

115

185

194

199

ib.

194

244

204

210

212

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

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