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No. 25. An act in relation to burial grounds, and in addition to section seventy-six of chapter thirteen of the Revised Statutes,

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No. 26.

An act relating to street commissioners,

No. 27.
No. 28.

An act relating to the taxation of certain college lands,
An act in alteration of chapter sixty-eight of the Re-
vised Statutes, relating to the manufacture and in-
spection of flour.

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57 to 59

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An act in alteration of chapter twenty of the Revised
Statutes, relating to highways,

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No. 32.

No. 34.

An act in alteration of section twenty-eight of chapter
twenty-one of the Revised Statutes, relating to the
liability of towns for the making and repairing of
highways,

No. 33. An act in addition to section thirty-two of chapter twen-
ty of the Revised Statutes, relating to the duties of
highway commissioners,

An act relating to the compensation of highway com-
missioners,

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No. 35.

No. 36.

An act in addition to chapter eighty-nine of the Revised
Statutes, entitled, "of fences and fence viewers,"
An act in addition to an act relating to the grand list,
approved November 11, 1841,

No. 37.

An act relating to the grand list,

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No. 38.

An act to amend section seven of an act, approved No-
vember 14, 1842, relating to the grand list,

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An act in relation to the appointment of school district
meetings, in amendment of section twelve of chapter
eighteen of the Revised Statutes,

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No. 41.

An act relating to union school districts,

No. 42.

An act relating to the duties of town superintendents of
common schools,

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No. 46.

An act to amend section ten of chapter twenty-eight of
the Revised Statutes, altering the time of service of
process on corporations,

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An act in relation to the election of county officers,
judges of probate, and justices of the peace,

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No. 65.

An act relating to applications to the general assembly,
No. 66. An act in alteration of chapter one hundred and seven
of the Revised Statutes, relating to salaries and fees, 116
No. 67. An act regulating certain offices and salaries.

No. 62. An act relating to the official bonds of sheriffs and other county officers.

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No. 68. An act in relation to the official duties and salary of
the secretary of civil and military affairs.
Section 1

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INDEX.

(Whatever relates to the militia will be found arranged alphabetically, under the head of MILITIA.)

References in this index are made to the page and section of the compilation.

ABATEMENT of writ not to be ordered for want of form, 223, § 30.

of suit at law not caused by marriage of femme de sole plaintiff, 402, § 8.

of suit in chancery not caused by death or marriage of party, 212, § 40, 41.

of suit at law by death of defendant and appointment of commissioners, 352, § 17.

issuing of writ without recognizance, cause of, 242, § 5.

privilege from arrest may be pleaded in, 252, § 73.

nonjoinder of landlord and tenants in ejectment, cause of, 284, 285, § 1, 5.
defendant to recover his costs on, 223, § 32.

new suit may be commenced within one year after, 380, § 16.

OF TAXES, by whom made, 118, § 51.

proceedings upon and effect of, 119, § 52.

OF NUISANCES, 516, 7 to 12.

in the highway by the selectmen, 182, § 44.

ABORTION, attempts to cause, how punished, 560, § 8.

ABSCONDING PERSON, writ may issue against the body of, &c., 251, § 67.

trustee process sustainable against, 256, § 1.

appointment of guardians for, &c., 408, 409, § 15 to 18; 417, § 60 to 62. See Guardians.
ABSENCE for seven years unheard of, cause for divorce, 397, § 19.

bar to prosecution for polygamy, 560, § 6.

ABSENT DEFENDANT, service of writs against, 244, § 17, 18.

notice to, of suit in chancery, 210, § 21.

with trustee process, 257, § 11, 12.

of suit in county or supreme court, 247, § 35.
of application for forfeiture of grant, 299, § 7.
of petition for partition, 300,

of libel for divorce, 399, § 31.

4.

in suits before justices, cause to be continued, 236, § 57. 58.

entitled to writ of review, 236, 237, § 59, 60.

proceedings upon review, 236, 237, § 59 to 64.

execution not to issue, until bond for review given, 236, § 59.

in suits in supreme and county courts, may have review in three years, 247, § 37.

proceedings upon review, 247, 248, § 38 to 42.

execution not to issue until bond for review given,
247, § 36.

in suits on judgments against, without notice, original merits may be tried, 248, § 43.
agent to be appointed for, on petitions for partition, 301, § 12.

ABSENT HEIRS, agents to be appointed for, before partition, 369, § 14.

appointment and duty of agents to take possession of the property of, 370, § 23.

ACADEMIES, trustees of, may prosecute and defend suits, 472, §2.

execution against, how to issue, 474,

13.

ACCESSORY, to crimes before and after the fact, and punishment of, 569, § 13 to 17.

ACCIDENT, person prevented by, from appealing from probate or commissioners, may petition

to supreme court, &c., 280, 281, § 6, 7.

person deprived by, of hearing before justice, may apply to county court, &c., 281, 282,

8 to 15.

ACCOUNT, ACTION OF, by whom sustained, 289, § 1.

issue in, to be tried by jury, 289, § 2.

auditors to be appointed, 289, § 3.

to examine and adjust accounts of parties, 289, § 4.

duties of, in giving notice, examination, report, &c., 289, 290, § 4 to 11.

limitation of, 378, § 5.

MONEY OF, to be the dollar, &c., 442, § 1.

contract expressed in other denomination, valid, 442, § 2.

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ACCOUNT OF THE TREASURER, to be annually audited and laid before the general assem-
bly, 39, 28.

ACCOUNTS PUBLIC. See Public Accounts.

ACCOUNTS incorrectly allowed by court auditor may be recovered back, 91, § 8.

of executors and administrators, how rendered and settled, 359 to 361, § 1 to 13. See
Estates of Persons Deceased.

of guardians, how rendered and settled, 416, 417, § 55, 56.

and of executors and of administrators, in appealed cases court may appoint
commissioner to take, 224, § 41.

ACCUSED of crimes and offences, rights of persons who are, 539, § 1 to 6.

ACCUSATION, right to demand the cause and nature of, in criminal prosecutions, 32, ART. 10.
ACKNOWLEDGMENT OF DEEDS, &c. required, 381, 385, § 4, 8, 12.

who may take, 384, 385, § 4, 5, 12.

commissioners to take, in other states, in the territories and in Canada, 87, § 72 to 76.
grantor refusing to make, deed to be proved, 385, 386, § 14 to 17.

ACQUITTAL, former, effect of, in criminal prosecutions, 539, § 4.

if upon variance or formal defect, 539, § 5.

ACTIONS before supreme or county court, in what county to be brought, 243, § 10.

on penal bonds, proceedings in, 226, 227, § 50 to 59.

on joint contracts, proceedings in, 227, 6 60 to 63.

limitations of. See Limitations.

AND CAUSES OF, THAT SURVIVE, AND PROCEEDINGS THEREON-

what and what causes of, survive by statute, 341, 342, § 10, 14 to 16.

which survive, may be commenced, prosecuted or defended, by or against executor or ad-
ministrator, 341, § 9, 12.

causes of, to be presented to commissioners, except, &c., 342, § 12.

to recover possession of, or damages to lands, right of heir or devisee to maintain, 341, § 11.
of trespass, or in claims for trespass, which survive, rule of damages, 342, § 13.

on account of bodily hurts to survive, 342, § 14, 15.

where death ensues, may be maintained, 342, § 16.

to be commenced within two years, 313, § 18.
damages recoverable in, 342, § 18.

to be for benefit of widow or next of kin, 342, § 17.

may be commenced by, but not against special administrator, 336, § 6, 7.
commenced by special administrator, may be prosecuted by executor, &c., 337, § 10.
prosecuted by executor, &c., for use of another, not to be deemed assets, 343, § 19.
proceedings in, when one of several plaintiff's or defendants die, 343, § 20.

when all of plaintiffs or defendants die, 343, § 21.

entry or citation of executor upon death of parties, 343, § 22 to 24.
consequences of executor's neglect to enter after citation, 344, § 25.

to be continued on death of party until executor, &c. be appointed, and on his entry may be
further continued, 344, § 26.

not to be brought against executors, &c. when commissioners are appointed, &c., except,
&c., 344, § 27; 352, § 16.

to be discontinued, on appointment of, and presented to commissioners, 352, § 17.
executor may commence or prosecute notwithstanding appointment of commissioners, 352,
18.

for estate fraudulently conveyed by deceased, executor may commence for benefit of eredi-

where no commissioners are appointed, actions

lien by attachment retained, 359, § 55.

47.

tors, 348,
executor not bound to commence, unless, &c.,
348, § 48.

may be commenced and prosecuted; and

in no other case to be commenced during time allowed for paying debts, 359, § 56.
ACTS, public, when to take effect, 69,

17.

and laws, how published and distributed, 70, ch. 5, and see Promulgation of Statutes and
Legislative Journals.

compilation and publication of, 683, TITLE 34.

exchange of, 76, ch. 8, and see International Literary and Scientific Exchanges.

ADJOURNED TERMS of court of chancery may be held, 209, § 13.

of supreme and county courts, 222, § 27.

civil process not to be returnable to, 243, 69.

ADJOURNMENTS of the general assembly, 35, SECT. 9; 42, ART. 3.

of courts before justices, provisions respecting, 235, § 44 to 48.

ADMINISTRATION, where to be granted in case of residents, 322, § 15; 336, § 3.

non-residents, 323, § 16; 336, § 3.

first granted, to extend to all estate of deceased in the state, 336, § 3.

to whom granted, and in what order, 336, § 4.

to be revoked, if will be afterwards allowed, 338, § 17.

acts under, before revocation, valid, 333, § 19.

certificate of, from register of probate, evidence, 321, § 4.

with will annexed may be granted on refusal or during minority of executor, 333, § 5, 6.
or upon death or removal of executor, 334, § 10; 338, § 12.

de bonis non, when granted, 337, 338, § 12, 15.

ADMINISTRATORS, of intestate estates, to give bond; conditions, 336, § 5.

if more than one, may give joint or separate bond, 338, § 20.

sureties of, and others in danger of suffering on account of bonds, relief of, 326, § 44.

may be removed in certain cases, 337, § 13.

may sustain action of account against co-administrator, 289, § 1.

special may be appointed in case of appeal, and no appeal allowed therefrom, 336, § 6.
powers and duties of, 336, § 6.

not liable to pay debts of deceased, 337, § 8.

to give bonds; conditions, 337, § 9.

powers to cease on granting letters testamentary, &c., 337, § 10.

with will annexed may be appointed on refusal or during minority of executor, 333, § 5, 6.
or upon death or removal of executor, 334, § 10; 338, § 12.

to give bond and proceed and have power as an executor, 333, 334, §

to be included in the word executor in the 48th and subsequent chapters,
332, 39.

de bonis non, when to be appointed, 337, 338, § 12, 15.

INDEX.

715

ADMINISTRATORS. (Continued)

de bonis non, to have same power as former executor or administrator, and may prosecute
suits commenced by them, 338, § 16.

See further, Executors.

ADMINISTRATRIX, marriage of, to extinguish her authority, 338,

ADOPTION of illegitimate child by putative father, 365, 366, § 6, 7.

14.

ADULTERATING food, liquors, medicines, &c. how punished, 562, § 2, 3.
ADULTERY, &c., how punished, 559, 560, § 1 to 4.

divorce on account of, 397, § 18.

ADVANCEMENT, to heirs, what shall be deemed, 366, § 9.

how to be reckoned and applied in division of estates, 366, § 8, 11, 12.

if more than share of heir, not to be refunded, 366, § 10.

how value of, to be estimated, 366, § 13.

all questions relating to, to be settled by probate court and specified in decree, 370, § 17.
ADVERSE POSSESSION, effect of, on conveyances of lands, 387, 29, 30.

on covenants in deed or lease, 387, § 30.

ADVERTISEMENT and sale of lands for taxes, 465 to 468, § 17 to 35.

AFFIDAVIT, by filing, that debtor is about to abscond or remove, &c., process may issue against
body, &c., 251, § 67.

that debt is for money collected by attorney, process may issue against
body, &c., 251, § 69.

AFFINITY, marriages within certain degrees of, prohibited, 392, § 1, 2.

void, 395, § 1.

issue of marriage declared null on account of, to be deemed illegitimate, 399, § 34.
AFFIRMANCE of judgment of county court by supreme court, 225, § 45.

of justice by county court upon neglect to enter an appeal, 222, § 20.
in cases of forcible entry and detainer, 307, § 22.

of proceedings of the probate court upon appeal, &c., 324, § 35.
of allowance of commissioners upon appeal, &c., 354, § 25, 26.
of marriage where its validity is doubted or denied, 397, § 17.
AFFIRMATION substituted for oath. 629, § 2.

oath construed to include, 69, § 10.

who may administer, 629, § 3, 4, 5.

See Oaths.

AGENCY for sale of real estate, &c. to be created by writing, 389, § 1.

AGENTS for international exchanges. See International, Scientific and Literary Exchanges.

for towns, to be appointed, 114, 6 13.

may resist reports of road commissioners, 167, § 38.

to be appointed on executions in certain cases, 315, § 45.

for absent defendant upon petition for partition, 301, § 12.
for absent heirs to attend to partition of estate, 369, § 14.

to take charge of estate assigned to them; to give bonds,
&c., 370, 23.

assessment and taxation of, 453, 454, 6 19, 20.

towns, school districts, colleges, academies, &c. may prosecute and defend suits by, 472,
§ 1, 2.

responsibility of fire insurance companies for the acts and neglects of their, 479, § 23 to 25.
for sale of intoxicating liquors, appointment and duties of, 505, 4.

real estate owned by towns may be conveyed by, 122, § 34.

corporations may convey real estate by, 384, 3.

agent of party not to write deposition, 274, 10.

AGREEMENTS, certain to be in writing, &c., 389, ch. 64.

AGRICULTURÁL SOCIETIES.

See Agriculture.

AGRICULTURE, DOMESTIC MANUFACTURES AND THE MECHANIC ARTS,
ENCOURAGEMENT AND PROMOTION OF, 533, ch. 99.

Societies for, may be formed, 533, § 1.

their mode of organization, 533, § 2.

officers of, &c., 533, § 3.

by-laws and regulations of, 534, § 4.

records of, 534, § 5.

money to be paid to, from the state treasury, 534, § 6.

how appropriated, 534, § 7.

to make returns to the state treasurer, 534, 6 8.

returns of, to be published, 534, § 9.

premiums by, upon what animals and articles awarded, 534, 535, § 7, 10.

AID to be afforded to sheriff and other officers, 97, § 11.

rendering, to person in breaking jail, how punished, 555, § 11.

to escape from officer, how punished, 555, § 12.

ALIAS execution may be issued against property after discharge of body of debtor, 579, 581, §
52, 59, 60.

ALIMONY, allowance of, on granting of divorce, 399 to 401, § 39 to 46.
ALLEGIANCE, oath of, form of, 39, SECT. 29.

to be taken by every officer, 39, SECT. 29.
by persons coming to settle, &c., 40, SECT. 39.

by citizens who have resided out of the United States for
one year, 51, § 6.

ALLOWANCE to be made for support of widow and family of deceased person during settle-
ment of his estate, 330, § 29; 335, § 1.

to be made for support of children under seven, before distribution of estate of deceased
person, 335. § 1; 367, § 1.

ALLOWANCE LAND, effect of, on damages in laying highways, 173, § 66.

ALTERATION of town or county lines, applications for, to be published, 67, § 4.

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