for flowing lands, by mill dams [See mills.] on condition COMMONABLE CATTLE [See cattle.] COMMON LANDS [See proprietors :-lands, wharves, &c. partition, &c.] COMMON VICTUALLERS [See license, &c.] COMMON SEWERS [See drains.] COMPANIES, CORPORATIONS, &c. shares in, liable to attachment and exe- cution mode of serving process and making attachment when shares are sold on execution, certificates to be given purchaser [See insurance, banks, &c.] COMPENSATION allowed to Clerks of Judicial Courts to trustees summoned out of their county to be allowed by Courts of Assessors of taxes, Collector, &c. of commissioner of insolvency of master of work house may be allowed by Courts to persons procuring conviction of thieves COMPLAINTS for affirmation of probate decrees of Sup. J. Court, after regular term, on petition, &c. if presented within COMPLAINANT in audita querela, when in gaol on execution, may be enlarged CONCEALING PREGNANCY, and being delivered of bastard secretly, punish- ment of treason, punishment of [See treason.] CONCERI'S, dancing, gaming, &c. on Saturday and Sunday evenings prohibited CONFESSION Act, records of Justices under, how kept, certified, &c. [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- 135 219, 220 220 221 223 224 321 234 80, 82 377, 405 169 437 64 384 183 54 50 69 106 363 355 290 275 367 to hold surplus arising from sales at auction on executions, in certain cases, 228 serving warrants or writs, may carry prisoners, &c. to Justice or to county 328 may require aid in criminal cases 327 to execute warrants from Coroners to summon jury [See officers.] to have their warrant for collecting taxes from Selectmen or Assessors `ib. ib. 385 may distrain goods, &c. of delinquents in payment of taxes, and sell at auc 386 C CONSTABLES may arrest body if taxes not paid in twelve days after notice may demand whole of tax, in certain cases, though due by instalments 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 how to proceed in collecting taxes on unimproved lands of non-residents, or to notify attorney of non-residents, before sale, where such may have been ap- 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 when delinquent, State Treas'r may issue warrant of distress against may require aid, when necessary, within or out of their towns to exhibit to Selectmen, &c. once in two months, account of their collections 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 executions or warrants against, how levied on real estate of refusing to deliver assessments, evidence, &c. proceedings against 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, 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 baggage of such persons, how to be proceeded with masters of vessels arriving from places where prevalent, to answer questions Courts may adjourn by proclamation from places where prevalent vessels having on board'not to approach town, without leave, but to anchor quarantine may be established to prevent introduction of, and rules and regu- [See small pox and quarantine.] CONTEMPT, in Supreme J. Court may be punished at their reasonable discretion when taken in execution, to deliver Assessors copy of unsettled taxes in their Selectmen to make provision for removal of persons arriving from places in- 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 mode of proceeding by creditors in such cases 196, 197 such, may be enforced against heirs or devisees after the 4 years, limitation, cases ib. ib. 601 CONTRACTS, to charge executor or administrator out of his own estate, void un- 197 for sale of goods of $30 value or more, void unless reduced to writing, or 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 may be authorized by S. J, Court and Com. Pleas to be made by executor or by heirs or devisees not to prevent division of estate, under authority of 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 may be furnished with bible, attendance of ministers 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- 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 imprisoned more than three months for costs may be disposed of in service, 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 363 219 COPARCENIES, tenancy in, regulated [See joint tenants, partition, &c.] for fuel, regulations respecting sale and measurement of [See fire wood.] CORONERS power and duty in serving legal process to give bond to State Treasurer, to be approved by Sessions 109 543 328 329 329, 323 324 324, 329 subject to removal in like manner as Sheriffs [See 326.] 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 to bury bodies, after inquest, in certain cases, and expenses how paid to serve Treasurers' warrants against Sheriffs, &c. deficient to hold surplus arising from sales at auction on executions, in certain cases, may return talismen on Jury for trials, in certain cases 330 ib. ib. 331 ib. ib. 332 395 228 307 332 341 344 CORPORATIONS, &c. damages assessed against, by committee or Jury may be members of certain, may be witnesses where corporation is party, in case 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 for principal and trustees when plaintiff does not prevail against principal in cases of seizure of personal property on decree of forfeiture or restoration, on petition for partition, regulated 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 in civil actions where State is party, when received by Clerk to be paid to 338 in cases of replevying the person, regulated 268 in case of damages in locating roads, when increased or diminished 407, 408 311 damages estimated on turnpikes, how to be paid 483 where damage recovered in Common Pleas does not exceed $20 to be 1-4 215 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, 213 in criminal cases, in Judicial Courts to be taxed in all cases before them, for 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 ib. COSTS in criminal prosecutions, when collected by officers, on judgment or sen- ib. 300 sums allowed in, to individuals not to be paid unless demanded within three 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 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 to be assessed by Court of Sessions to indemnify Sheriff, when judgment is to be sued if such sum be not assessed and paid within six months 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 [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 to exhibit annually, &c. account of money in his hands to lay before Legislature annually, account of money raised and how dispos- 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 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 to sue delinquent officers, not paying over fines, &c. collected Justices of the Peace for not accounting, &c. semi-annually for fines 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, ib. not to pay sums allowed to individuals in criminal bills of costs unless de- 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- ib. compensation allowed to, by State, on settlement of accounts 303 214 COURT SUPREME JUDICIAL established; jurisdiction, power, &c. 198 199 ib. ib. 200 201, 202 |