ESTATE of Clerks and Registers of Probate whose records are deficient, liable conveyance of, or lease for more than seven years, not valid, unless so exe. in fee, not to be defeated by bond of defeasance, unless recorded, except as conveyed for gaming debts to enure as if grantor were dead entailed, may be alienated by deed of tenant in tail, or by tenant of freehold entailed, liable to debts of tenant in tail pews in meeting-houses to be considered as, 355 ib. 112 85 113 187, 114 110 tenants not to commit waste, &c. pending an action to try title of, of Banks taken in execution may be sold at auction held under certain possessory titles may be sold on execution as equities of 210 225, 226 227 executions how to be extended upon 230 taken in execution redeemable within one year [See executions.] of persons recognizing to State, held for amount of recognizance against any 275 when title to, is pleaded, in action before Jus. Peace, action to be carried to of persons living in the State, but out of town where assessed, taxes against, 388 contracts for sale of, or interest, &c. therein, void, unless in writing leases of, to convey estates at will only, unless in writing mortgaged to State, may be discharged by Treasurer on payment of money amount due, in such cases, may be settled by bill in equity 197 ib. ib. 125 ib. of proprietors of aqueducts to be considered personal-mode of transfer 488 206 of persons deceased, liable for the payment of their debts, whether estate be of persons deceased, may be sold for payment of debts and legacies, if per- ib. deeds of, when sold by license, &c. to convey such title as deceased had or minors, non compos, spendthrifts, &c. who lived, or are out of State, income of, to be accounted for by executor or administrator of idiots, non compos, lunatics, &c. may be sold by order of Courts, if neces- or, if necessary, the whole may be sold, by license, for their benefit may be discharged, on receiving amount due, by exec'r or adm'r may be foreclosed by action of executor or administrator for the use of set off on execution to executor or administrator, or recovered on mortgage, redemption money in such cases may be received by executor or administra- 188 ib. 190 191 168 178 189 126 ib. ib. 192 193 of persons deceased, may be taken on execution, subject to redemption, as 196 of testators, when taken in execution, legatees, &c. to contribute in certain cases 120 when conveyed by mortgage how redeemable [See mortgage.] 122 ESTATE REAL, when to be sold for payment of taxes [See Taxes.] of proprietors in common, regulated [See Proprietors.] ESTATES REAL, INTESTATE, descent and distribution of to descend in equal shares to children, and issue of deceased children if no issue, to father if no issue, nor father, in equal shares to mother, brothers and sisters, and if no issue, father, brother or sister, to the mother 130 132 121 ib. ib. ib. ib. if no mother, &c. to next of kin in equal degree collateral kindred in, how to be computed and preferred ib. ibe if no kindred to escheat to the State saving of husband's tenancy by the courtesy, and widow's dower share of child, dying under age and unmarried, to descend to the other chil- issue or next of kin, if in same degree to intestate, to share equally, other ESTATES PERSONAL, INTESTATE, how to be distributed after payment of debts, to be distributed as real, except, &c. in settlement and distribution of, alienage of widow, issue, &c. to be no im- ESTATES REAL, division of, by order of Judge of Probate, among heirs, devi- where it cannot be divided among all the heirs, the Judge may assign the conveyance by heirs, &c. not to prevent such division 172 division may be ordered by Judge in whole, or for part committee ib. ib. when dower or partition is ordered in estate lying in common, committee division thus made and excepted, to be final, unless appealed from ib. ib. ib. 174 ib. ib. ib. committee appointed, to be under oath such division not to be ordered by Judge, when proportions, &c. appear to messuage of greater value than a share may be assigned to one, he paying expenses being allowed by Judge, payment may be compelled ESTATES REAL and PERSONAL, INTESTA IE, in settlement and distribution of, advances, gifts, grants, &c. made to children and grandchildren, how bow to be devised and bequeathed by will ESTATES INSOLVENT, to be distributed, pro rata among all the creditors sav- real and personal to be sold and proceeds distributed among creditors accord- ib- reversion of dower to be also sold for benefit of creditors ib. actions against executors and administrators of, not to be sustained, unless 170 ib. ib. if entered, to be continued, until claims against, if not supported before commissioners, &c. barred, unless EVIDENCE of President and Cashier, in prosecutions for forgery, may be dis- certificate of Secretary or Treasurer of U. States, or of any State, to be com- ib. necessary to convict of treason, or misprision of treason 28, 51 no person may be compelled to give, against himself in criminal cases 28 70 printed copies of private acts and resolves, by authority, good 216 copy of Sheriff's bond, certified, &c. legal in suits thereon, unless signatures 325 in prosecutions on bastardy act, what shall be competent 281 in title to lands set off on execution from Justice of Peace, under "confession 355 copy of transcript of deceased Justice's records, into records of another, to 289 of notice to attorney of non-residents, by Collector of taxes, what shall be 389 of notice by officers of sale of lands, what shall be legal 401 456 in trials where usury is pleaded in defence, oath of defendant competent, un- 88 of notice by administrator, executor, &c. of their appointment and how per- 166 of appointment of executor, administrator or guardian by foreign Courts of 191 given before Coroner, taking inquest to be reduced to writing in certain of notice of sale of real estate by executor, administrator or guardian, how 192 cases 330 report of auditors, appointed by Court, to be given to Jury as 214 inhabitants of towns, counties and certain other corporations, competent to give, in case where towns interested 317 [See depositions.} EXCHANGE, damage on inland bills of, regulated, when protested 318 24 hours, and within one year, unless appealed from when to be made returnable and where, in Courts, and before Justices EXCISE on retailers, and sundry officers, [See duties.] EXECUTIONS on judgments in civil actions, may be issued at any time after to save attachment, must be extended, &c. within thirty days when an alias may issue not to issue after expiration of year, without scire facias to be offset by officers having, for and against same persons, in same capacity 220, 221 219 216, 220 220 221 ib. goods taken on, to be kept 4 days, and advertised 48 hours before sale at auction ib. ib. shares, &c. sufficient to authorize sale after notice copy of, left with certain officers of corporations to be considered as taking ib. cepy of, with return to be left with Clerk, after sale 222 franchise and shares taken on, mode of sale 222, 223, 224 vendue for such sales, when and how long may be adjourned 223, 224 real estate of banks, may be sold at auction when taken by 225 mortgaged to banks, may be taken and sold in same manner equities of redemption how taken and sold on ib. 226 227 how to be extended on real estate 196, 229 return of, &c. to be recorded in Registry of Deeds within 3 months, effect thereof 229 230 how to be extended on saw mills, grist mills, &c. ib. against manufacturing corporations, if not satisfied by return day, may be re- 231 in the name and for the benefit of State, how to be issued, served, &c. 232 how awarded in trustee or foreign attachment process, in cases 236 237 238, 239 EXECUTION, how to be awarded by Justices of the Peace on recognizances for debts against Sheriff's and Coroners, how awarded and levied not to issue against their bodies 287 290 324 325 returned unsatisfied, proceedings thereon, before Governor 326 when removed, to run against them in common form ib. against counties how levied and collected 360 may be issued against delinquent Collectors, &c. by State Treasurer, at re 393 against proprietors of aqueducts, how satisfied 489 to be awarded against administrator, refusing to account for property of in- 186 against adm'r who has received personal property not inventoried, how awarded ib. not to issue on judgments recovered against defendants out of State when 209 332, 548, 559 certain goods, chattels, &c. arms, uniform, &c. of officers and soldiers of the 246, 290 227, 228 where officer has more than one, mode of applying proceeds of sale of prop- to be granted to some other person where there are divers, none to act, but those who give bond living out of State to give bond in county where testator lived to give notice of their appointment, and how evidence of, such notice how preserved living out of State, or removing after appointment and neglecting to render feme sole appointed, with another, to lose her authority by marriage when one or more are removed, remainder, if any, to proceed in settling estate ib. ib. ib. 166 ib. ib. 167 ib. ib, ib. to account for income of real estate, according to appraisment thereof 168 170 neglecting to settle account for six months after final report of commission- judgment and execution to be awarded by Courts against estate in hands of 171 ib. if such execution be returned unsatisfied, scire facias to issue and judgment ib. if real estate be taken on such execution it shall be deemed waste ib. 172 of deceased creditor may join with other creditors in compounding with ib. may require bond of indemnity from heirs, demanding share or legacy, if 175 how to proceed against persons suspected of embezzlement of goods, &c. of testator 168 one, if residuary legatee, may have action of account against his exec'r 176 177 EXECUTORS to apply to Court for license to sell real estate of deceased for payment of debts, when personal is sufficient and be under oath, previous to sale 184, 187 to give notice after license, previous to sale evidence of notice how perpetuated may be licensed to sell whole, when partial sale for payment of debts would may be licensed by Supreme J. Court and Common Pleas to make conve money received by them as consideration on such contracts to be assets 192 188 191 192 ib. suits brought within that time to be continued may receive sums due from those entitled to redeem and execute release 193 ib. ib. may recover costs on such suits, in certain cases, by making tender, or bring- ib. executions and writs against, not to issue against their persons or estates, un- 194 proceedings against in scire facias on suggestion of waste and judgment how ib. dying or removed during pendency of suits, same may be prosecuted or de- may prosecute or defend actions pending or appealed, when either party dies refusing to become party to such suits, after notice, judgment may be entered what shall be equivalent to commencing action against, in cases liable on joint contract of deceased debtor, as if joint and several not bound to plead specially, but may give special matter under general issue may recover possession by action for, to use of heirs, creditors, &c. may be licensed to sell real estate lying within, of persons who lived out of appointed by foreign Courts, what shall be evidence here, of their authority liability of, failing so to do not answerable out of their own estates, on any special promise, unless in in their own wrong, who to be so considered EXEMPTION of enginemen from serving as Jurors in certain cases from military duty, in case from payment of toll on turnpikes in certain cases of certain persons from serving as jurors of arms, equipments, &c. of soldiers from attachment of certain goods and chattels of debtors from attachment EXEMPTS [See Militia.] EXPORTATION of BEEF. PORK, &c. without inspection, prohibited EXTORTION prohibited [See Fees.] F ib. ib. ib. 195 196 ib. ib. ib. 195 126 ib. ib. 190 191 ib. 393 394 197 176 466 554 479 304 548, 559 332, 548, 559 FALSE INVOICES, &c. punishment for making, by owner, &c. of vessel, to de- affi lavit, protest, &c. by master, with like intent-punishment of 352 79 ib. 264 |