SEC. 5. The resolution of the general assembly passed in June last, directing the secretary to issue commissions to such justices only as make return, and also the third section of the act entitled "An act to prevent the detention of fines from the proper officers," are hereby repealed. SEC. 6. The sheriffs of the several counties shall annually on or before the first Monday of January return to the secretary's office all civil commissions remaining on hand unclaimed, during the then political year; and in default thereof shall be liable to a penalty of one hundred dollars; to be sued for and recovered by the general treasurer, to and for the use of the state. SEC. 7. The secretary shall, at the May session annually, furnish the general assembly with a list of all commissions returned to him as aforesaid; and shall also furnish the general treasurer with the names of all justices of the peace who refused or neglected to take their commissions as aforesaid. SEC. 8. This act shall take effect from and after the passage thereof. An Act authorizing Town Councils to examine Registries of Voters. SECTION 1. Town councils that have neglected to examine registries of voters, permitted to do so before the first Monday in October, after notice. It is enacted by the General Assembly, as follows: SECTION 1. Any town councils who have omitted to make examination of the registry of their towns on the second Monday of June, as required by the ninth section of an act entitled "An act to regulate the election of civil officers," may make such examination at any time before the first Monday of October next: provided, such examination be public, and notice of the same be given by advertisement in some newspaper printed in said towns, or by posting up in at least three public places in said towns. An Act relative to Lunatics. SECTION 1. Keepers of jails in which lunatics are confined to give notice to attorney general, if person or town liable for their support neglect to support them, and he to commence suits for the same. It is enacted by the General Assembly, as follows: SECTION 1. Whenever any person or town chargeable with the expense of keeping in jail any lunatic or person fu riously mad, committed thereto in conformity to the seventh section of the act entitled "An act vesting justices of the peace with certain powers in criminal cases," shall neglect to pay such expense, it shall be the duty of the keeper of the jail to which such lunatic may have been committed, to give notice of such neglect to the attorney general; who shall institute a suit in the name of the keeper of the jail, against the person or town so neglecting, for the recovery of such expense, and prosecute the same to final judgment. An Act in relation to the duty of Town Treasurers. SECTION 1. Town treasurer to pay over registry taxes to president or chairman of school committee, for support of schools. It is enacted by the General Assembly, as follows: SECTION 1. It shall be the duty of the town treasurer of each town to pay over to the school committee of the town, for the support of public schools, all monies received for registry taxes, upon the order of the president or chairman of the school committee, duly drawn upon such treasurer. An Act to continue an act entitled "An Act securing to Mechanics and others payment for their labor and materials expended in erecting and repairing houses and other buildings, canals, rail-roads and turnpikes, with their appurte nances." SECTION 1. The act referred to continued in force until the rising of the general assembly at their January session, 1845. It is enacted by the General Assembly, as follows: SECTION 1. The act entitled "An act securing to mechanics and others payment for their labor and materials expended in erecting and repairing houses and other buildings, canals, rail-roads and turnpikes, with their appurtenances," passed February 7, 1834, be continued in operation until the rising of the general assembly at its next January session. INDEX. A ABATEMENT, of writs, &c., for want of defendant's addition, page 126 ACCESSORIES, before the fact, how punished, after the fact, who may not be, after the fact, how punished, 132 398 398 398 106, 127 180 127 106 181, 234, 244 181 181 247 126 ACCOUNT, sued, to be annexed to the writ or declaration, act concerning actions of, of defendant, to be annexed to his plea, balance of, under twenty dollars, may be sued for before a settlement of an executor's, administrator's or guardian's, with ACTIONS, when to be entered, which do not abate, by the death of either plaintiff or defendant, 132 brought by administrators, executors or guardians, not to abate 275 in what county to be brought, 139, 140 by their removal from office, 225 in favor of and against limited partnerships, how to be brought, 284 fair copies of, to be kept and recorded by the secretary, 67 to be printed, and how distributed, 67 ADDITION of defendant, to be given in all process, 126 ADDRESS of president Washington, 34 ADMINISTRATORS, to prosecute or defend the suits of their intestates, not to be held to bail in suits against them, goods of, not subject to attachment in suits against them ex- de bonis non, may have scire facias or executions on judg- 134 ADMINISTRATORS, not bound by special promise, not in writing, may be removed for cause, 222 224 bond of, proving insufficient, may be required to give further 225 may resign their offices, 227 with will annexed, may be appointed in certain cases, with will annexed, have same powers as the executors, 242 bond of, 243 how to account for inventory, 244 may bring actions of account against co-administrators, 244 245, 271 may discharge mortgages, may be appointed on estates of persons absent three years, may sell estate mortgaged after possession recovered, to pay to be allowed compensation for their services, settlement of accounts of, by court of probate, to be final, 245 246 246 246 247 247 247 to pay to town treasurers, debts, &c., not claimed in five years, 252 255 actions against, to be continued until it is ascertained whether 255 to record the death of their intestates, 269 may be appointed, on estate of persons committed to the state ADULTERATING food or drugs for sale, how punished, 397 ADVANCEMENT, what, to be deducted from child's share of ancestor's property, AGENTS and principals, act relating to, for sale of goods, may sell or pledge them for a new debt, AGENT of Providence and Pawtucket turnpike, to be appointed by the general assembly, and duties of, AGREEMENT, relative to partition fences, to be recorded, ANIMALS, act relative to impounding, act to prevent certain, from going at large, ANSWER, in court of common pleas, when to be filed, ANSWER, in court of common pleas, if real estate be attached, 115 100 99 in court of common pleas, if writ served by garnishee process, 120 107 134 in actions of account, 181 in actions of dower, 189 in actions of partition, 194 in flowage cases, 206 from decrees of town councils, relative to employment of prop- erty given for charitable uses, 209 in petitions for benefit of insolvent act, in probate cases, how, in what cases, and when to be taken, and from justice of the peace to court of common pleas, in criminal 406 from court of common pleas to supreme court, in criminal mat- 407 how, excessive riding in, prohibited, APPELLANT, in criminal matters, failing to prosecute, proceedings in suits on bonds and notes, to pay down costs, and liable to APPLICATION for appointment of a guardian, to whom made, and APPOINTMENT of a guardian, to be notified, and how, APPONAUG, bridge, act relative to, APPRENTICES, who may be bound as, by whom, and in what manner, usage of, to be inquired into by parents and guardians, absconding, how punished, 408 139 272, 273 274 330 332 277 277 278 person accused of, to be bailed only by supreme court, 408 ASH lumber, kinds of, 450 ASSAULT, with intent to kill, &c., how punished, ASSESSORS OF TAXES, refusing to serve, to be fined, 304 to notify inhabitants to bring in lists of property, before they 425 may swear inhabitants to their lists of property, 425 to distinguish in tax bills, those who bring in lists and those to assess tax, according to lists brought in, unless known to be 425 427 to distinguish in tax bills, taxes assessed on real, from taxes 427 to return tax bill to town clerk, 427 |