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for flowing lands, by mill dams [See mills.]
against Assessors for not taking oath, form of

on condition

COMMONABLE CATTLE [See cattle.]

COMMON LANDS [See proprietors :-lands, wharves, &c. partition, &c.]
COMMON and GENERAL FIELDS regulated [See field, fences, &c.]
COMMON NUISANCE [See nuisance ]

COMMON VICTUALLERS [See license, &c.]

COMMON SEWERS [See drains.]

COMPANIES, CORPORATIONS, &c. shares in, liable to attachment and exe-

cution

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mode of serving process and making attachment
mode of, taking shares in execution, sale, &c.
Clerk of, to give officer requesting, a certificate of number of shares owned
by debtor

when shares are sold on execution, certificates to be given purchaser
damages assessed against, by committee or jury, for certain injuries, may be
collected by warrant of distress

[See insurance, banks, &c.]

COMPENSATION allowed to Clerks of Judicial Courts

to trustees summoned out of their county to be allowed by Courts
of commissioner of wrecks, how adjusted

of Assessors of taxes, Collector, &c.

of commissioner of insolvency

of master of work house

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may be allowed by Courts to persons procuring conviction of thieves
of Collectors of taxes may be agreed upon by towns in certain cases
[See fees.]

COMPLAINTS for affirmation of probate decrees

of Sup. J. Court, after regular term, on petition, &c. if presented within
one year

COMPLAINANT in audita querela, when in gaol on execution, may be enlarged

CONCEALING PREGNANCY, and being delivered of bastard secretly, punish-

ment of

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treason, punishment of [See treason.]

CONCERI'S, dancing, gaming, &c. on Saturday and Sunday evenings prohibited
CONDITIONAL PARDONS may be granted by Governor, &c. in certain cases
sentences to house of correction, unless fine and costs paid

CONFESSION Act, records of Justices under, how kept, certified, &c.
of debts, before Justices of the Peace, regulated

[See evidence, Clerk of Courts, &c.]

CONSANGUINITY, degrees of, within which marriage is prohibited

CONSTABLES to be chosen by towns at annual meeting in March or April

may serve writs and executions in personal actions to amount of $100, provid-

135
92

219, 220

220

221

223
222

224

321

234

80, 82

377, 405

169

437

64

384

183

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54

50

69

106

363

355

290

275

367

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to hold surplus arising from sales at auction on executions, in certain cases,
subject to attachment, of other officers

228

serving warrants or writs, may carry prisoners, &c. to Justice or to county
gaol, though out of their town

328

may require aid in criminal cases

327

to execute warrants from Coroners to summon jury [See officers.]

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to have their warrant for collecting taxes from Selectmen or Assessors
dying before completing collection, Assessors to appoint others to finish
to give bond to town Treasurer, be sworn, form of oath

`ib.

ib.

385

may distrain goods, &c. of delinquents in payment of taxes, and sell at auc
tion, after notice, overplus to be restored

386

C

CONSTABLES may arrest body if taxes not paid in twelve days after notice
in certain cases, before expiration of twelve days

may demand whole of tax, in certain cases, though due by instalments
may collect taxes of persons removing wherever found

may sue for taxes in case of debtor removing, or female marrying

how to proceed in collecting taxes on improved real estate of persons living
in the State, but out of the town where assessed

how to proceed in collecting taxes on unimproved lands of non-residents, or
improved lands of proprietors out of State

to notify attorney of non-residents, before sale, where such may have been ap-
pointed to pay taxes

386

in such case another to be chosen to finish collection

penalty for when removing, or intending, and refusing to deliver up bills, &c.

and money in hands

becoming non compos, incapable, Assessors may appoint a substitute

dians

and having overpaid Assessors, to be refunded
their lists of assessments to be delivered up by guar-

when delinquent, State Treas'r may issue warrant of distress against
deficiency of, to be made up by towns in case

may require aid, when necessary, within or out of their towns
penalty for refusing aid, when so required by them

to exhibit to Selectmen, &c. once in two months, account of their collections
when about to remove before time of payment, mode of settlement with by
towns

deficient, liable to towns injured

when deceased before settlement with Assessors, to be adjusted by adminis-

trators or executors

warrants against when deficient may be issued by Treas'rs of counties, towns
and parishes, form of warrant

executions or warrants against, how levied on real estate of

refusing to deliver assessments, evidence, &c. proceedings against
towns or plantations neglecting to choose, sheriff empowered to collect

when committed for default, may have liberty of yard

substitute to be chosen to finish, with powers

CONTAGIOUS SICKNESS, provisions against spread of

persons arriving from places where prevailing, to give notice and to depart,
if able, or be removed by warrant from Justice of Peace

such persons prohibited from returning, under penalty

not to be entertained or received by inhabitants

ferries leading from places where prevalent, may be guarded

penalty for persons coming from infected places, into this State without li-

cense

persons infected with, may be removed by warrant from two Justices and
lodgings, necessaries, &c provided by impressment

baggage of such persons, how to be proceeded with

masters of vessels arriving from places where prevalent, to answer questions
on oath from Selectmen

Courts may adjourn by proclamation from places where prevalent
towns may choose health committee to prevent spread of,

vessels having on board'not to approach town, without leave, but to anchor
below, and wait orders from Selectmen

quarantine may be established to prevent introduction of, and rules and regu-
lations for due observance

[See small pox and quarantine.]

CONTEMPT, in Supreme J. Court may be punished at their reasonable discretion
in Probate Courts may be punished by Judge, as in Com. Pleas
CONTINUANCE OF ACTION, to be granted where one or more defendant on

when taken in execution, to deliver Assessors copy of unsettled taxes in their
hands, with evidence

Selectmen to make provision for removal of persons arriving from places in-
fected, to safe places

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joint contract live out of State, at time of service, unless, &c.

in suits against counties by Sheriff in certain cases

not to be granted on amendment of circumstantial errors

in cases of foreign attachment, when principal is out of State

on suits brought against executors, or admin'rs within a year, regulated

ib.

444, 445

446

ib.

ib.

447

447, 448

199

160

209

361

212

234

193

CONTINUANCE OF ACTION, on probate bonds in certain cases

185

170, 193, 195

may be granted to executors and administrators in certain cases
CONTRACTS, COVENANTS, &c. demands on, against executors and adminis.
trators when falling due after 4 years from their appointment, barred by
limitation, unless, &c.

mode of proceeding by creditors in such cases

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196, 197
197

such, may be enforced against heirs or devisees after the 4 years, limitation,
if claimed within one year from time when due
relating to sale of land, payment of debt of another, void unless reduced to
writing, signed, &c.
CONTRACI'S of mechanics and others, to operate as lien on buildings, in certain

cases

ib.

ib.

601

CONTRACTS, to charge executor or administrator out of his own estate, void un-
less, &c.

197

for sale of goods of $30 value or more, void unless reduced to writing, or
partly executed

198

[See frauds.]

CONTRACTS, what shall be deemed usurious

87

maritime, relating to bottomry, &c. not to be deemed usurious

88

of Indians respecting lands, &c. not valid

610

149, 150

CONVEYANCES to and from counties how to be made

of spendthrifts, after application to Judge for guardian, to be void in certain
cases, if notice be filed in office of Register of Deeds

may be authorized by S. J, Court and Com. Pleas to be made by executor or
administrator to complete contracts and covenants of deceased

by heirs or devisees not to prevent division of estate, under authority of
Judge of Probate [See deeds.]

CONVICTS, sentence of, to solitary imprisonment, hard labor, &c. to be execut.

ed in county gaol

how treated in solitary confinement and how punished, if refractory
sentence of, to death, may be commuted and how

may be furnished with bible, attendance of ministers
support to be paid for by State

gaoler to furnish tools for

to report names to Courts of Sessions

to keep account of proceeds of their labor

and report the sums to Court of Sessions

when proceeds of labor exceed cost of materials, balance to be paid to con-
vict or his family

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funds for materials may be advanced by order of Sessions

Sheriff to oversee execution of sentences against

rules of gaol respecting, to be submitted to Court of Sessions

ib.

103

ib.

may in certain cases be disposed of in service by owner of stolen goods
sentenced to labor, to pay out of earnings, for value of goods stolen and not
restored

imprisoned more than three months for costs may be disposed of in service,
or liberated on condition

note to county Treasurer

65

ib.

S03

when for fine and costs, may be liberated by order of Courts on giving

ib.

in such cases to give under oath a schedule of property

304

punishment for giving false schedule

ib.

may be sentenced to the house of correction, in certain cases
for capital felonies not to be executed but on warrant

363

219

COPARCENIES, tenancy in, regulated [See joint tenants, partition, &c.]
CORDWOOD, TREES and TIMBER, waste and destruction of, prevented
[See timber.]

for fuel, regulations respecting sale and measurement of

[See fire wood.]

CORONERS power and duty in serving legal process
taking inquests of violent deaths or casual

to give bond to State Treasurer, to be approved by Sessions

109

543

328

329

329, 323

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324

324, 329

subject to removal in like manner as Sheriffs [See 326.]
suits against, to be in their own county-writs how endorsed

how to proceed in taking inquests-form of warrant to Constables

ib.

324

329

CORONERS, form of oath and charge to Jury, by,

to summon witnesses, swear them and take evidence in writing

may recognise such witnesses, in case

to take verdict of such jury-form thereof in divers cases

to notify Justice of the Peace, when felonies appear on inquest to have been
committed

to bury bodies, after inquest, in certain cases, and expenses how paid
may serve writs &c. in cases where towns are parties

to serve Treasurers' warrants against Sheriffs, &c. deficient

to hold surplus arising from sales at auction on executions, in certain cases,
subject to attachment of other officers

may return talismen on Jury for trials, in certain cases
proceedings of, in certain cases, under State of Mass. made valid

330

ib.

ib.

331

ib.

ib.

332

395

228

307

332

341

344

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CORPORATIONS, &c. damages assessed against, by committee or Jury may be
collected by warrant of distress

members of certain, may be witnesses where corporation is party, in case
aggrieved by laying out highway, may apply to Sessions for Jury or committee
manufacturing, mode of satisfying executions against
[See manufacturing, turnpike, insurance, &c.]

penalty for digging up, or removing

CORPSES or dead bodies, not to be arrested

CORRECTION, nouses of, to be established in each county

[See houses of correction.]

COSTS a towed in all actions to party prevailing by default, non suit or otherwise 212

to defendant in real actions or disclaimer of whole in case

for trustees in foreign attachment when and how

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for principal and trustees when plaintiff does not prevail against principal
liability of endorser of writ to pay in certain cases [See endorser.]
to defendant prevailing on tender of amends, &c. in trespass, q. c.

in cases of seizure of personal property on decree of forfeiture or restoration,
and now

on petition for partition, regulated

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on process for flowing lands by erecting dams, regulated

147

on inquests of effice, for State

155, 156

on abatement of nuisances, before two Justices

97

on appeals from decrees of Probate Court to Supreme

184

to respondents on petitions in certain cases, in Sup. Court or Com. Pleas, in
case prayer thereof unreasonable

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in civil actions where State is party, when received by Clerk to be paid to
County Treasurer for use of State

338

in cases of replevying the person, regulated

268

in case of damages in locating roads, when increased or diminished
in case of view, by jury, in actions relating to real estate, how to be advanced
and taxed

407, 408

311

damages estimated on turnpikes, how to be paid

483

where damage recovered in Common Pleas does not exceed $20 to be 1-4
part of damage, except on report of referees

215

not to be allowed by Courts on amendment of circumstantial errors

212

to be allowed plaintiff in one action only, when he brings several at one term,
which might have been joined

213

in criminal cases, in Judicial Courts to be taxed in all cases before them, for
jurors, witnesses, officers. Justice, &c.

299

such bills of costs to be paid by county Treasurer

ib.

copies of such bills together with certificates of fines, &c. to be delivered by
Clerks to county and State Treasurers, after rising of Courts

ib.

COSTS in criminal prosecutions, when collected by officers, on judgment or sen-
tence of Courts to be paid to county Treasurer forthwith
statement of bills of, to be made under oath by county Treasurer to State
Treasurer within two months after rising of Courts

ib.

300

sums allowed in, to individuals not to be paid unless demanded within three
years

302

sums not so demanded, to be credited to State, by county Treasurer

ib.

COSTS, sums taxed in for Attorney General in cases, to be credited to the State
how paid, when not collected of convict

302

303

COUNSEL, Judge and Register of Probate, not to act as, in cases

160

Justices of the Peace not to act as, in actions before them

288

{See Attornies and Counsellors.]

COUNTERFEITING bills, notes, coins, &c. [See Forgery.]

COUNTIES, deeds to and from, how to be made and executed

COUNTY, each to have houses of correction. [See houses of correction.]

actions by and against where to be commenced

72

149, 150

361

211

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to be assessed by Court of Sessions to indemnify Sheriff, when judgment is
recovered against him for insufficiency of gaol

to be sued if such sum be not assessed and paid within six months
such suit how prosecuted, defended to final judgment, execution, &c.
inhabitants of, compelled to pay execution against, how indemnified
liable in damages to travellers injured by bad roads

penalty against-when life is lost by bad roads

taxes, how assessed, collected and paid [See Taxes]

charges how defrayed [See Costs, County Treasurer, &c.]

COUNTY ATTORNIES how appointed, powers, duties
duty to be paid by, to county or State Treasury

[See Attorney.]

COUNTY REGISTER [See Register of Deeds. ]

COUNTY TREASURER to be chosen annually on second Monday of September

copy of record of votes for, to be returned to Court of Sessions

to be sworn and give bond

if no choice of, what proceedings to be had

duty as to paying county charges

to enforce payment of county tax in the same manner as State Treasurer

to exhibit his account annually, with county estimates to Secretary of State
in January

to exhibit annually, &c. account of money in his hands

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to lay before Legislature annually, account of money raised and how dispos-
ed of

338

persons who are not eligible to office of

ib.

to receive costs taxed for State in civil cases, and pay over the same to State
Treasurer

ib.

may issue warrant against delinquent Constables-form

to receive of United States, money due for keeping their prisoners

to procure standard beams, weights, measures, &c. sealed-and to be proved
by State standard once in ten years

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to sue delinquent officers, not paying over fines, &c. collected

Justices of the Peace for not accounting, &c. semi-annually for fines
to transmit State Treasurer, on oath, an account of bills of costs allowed in
Courts

balance of such accounts how adjusted and paid

394

Sheriffs, in certain cases

395

361

459

300

ib.

ib

301

penalty for neglecting to transmit accounts

ib.

to render account annually in January to Governor and Council of fincs, costs,
&c.-substance and form thereof

ib.

not to pay sums allowed to individuals in criminal bills of costs unless de-
manded within three years

302

such sums after that time to be credited to State

ib.

to account with his county for jury fees-and for gaoler's charges for main-
tenance of prisoners received from State Treasury

ib.

compensation allowed to, by State, on settlement of accounts
may commence and prosecute suits on securities given to predecessor

303

214

COURT SUPREME JUDICIAL established; jurisdiction, power, &c.
may order proceedings of Inferior Courts, &c. brought before them
administer oaths, punish for contempts, issue writs of mandamus
process to bear test of first Justice, under seal of Court
to make rules for the admission of attornies
simes and places of holding

198

199

ib.

ib.

200

201, 202

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