RESTITUTION, writs of, in replevin, form, &c.

[See Replevin]

RETAILERS. money received for license of, to be paid into town treasury for

poor, &c.

how and when to be licensed by Selectmen, &c.

penalty for presuming to be, without license

not to allow gaming, drinking, &c, in houses, shops, &c. on Sundays
[See licensed houses, &c.]

RETURN, in replevin [See Replevin]

RETURNS, of Banks to be made to Secretary, &c. in January and June, under

oath, form and particulars to be stated

497

of inspection of beef, pork, ashes, &c. when to be made
[See Beef, Pork, Potashes, Lime, &c.]

be distributed to creditors

REVERSION of widow's dower, in insolvent estates to be sold and proceeds to

may be divided, &c. on settlement of other parts of estate

REVIEWS may be granted on petition, by Judicial Courts, on conditions

in all civil actions, when reasonable, without limitation

when granted, execution may be stayed; if denied, costs to respondent
when granted, what proceedings to be had

on death of petitioners for, their representatives may become parties
of either party pending writ of, proceedings thereupon

limitation of time for presenting petition for

REWARDS for prosecutors of counterfeiters, how paid

may be offered by Governor, &c. for apprehending prisoners escaped or per-
sons charged with high handed offences

for prosecuting thieves

RIOTS, ROUTS, &c. mode of dispersing, preventing, &c.

penalty for refusing to disperse after being directed
attempted by persons disguised, how punished

ROADS, repairing, laying out, &c. [See Highways.]
ROBBERY, punishment of

assault, with intent to commit, punishment of

when robber is not armed with dangerous weapon, nor intends to kill

when armed with dangerous weapon, and intent to kill

accessaries to, after the fact

169

174

203

ib.

204

ib.

215

ib.

204

76

366

64

84

85

ib.

62

ib.

ib.

ib.

63

200, 319

362

RULES for admission of attornies, regulation of practice, may be established by
Supreme Judicial Court

ROGUES, VAGABONDS, &c. may be sent to house of correction

[See House of Correction.]

S

SABBATH, due observance of, provided for, [See Lord's day.}

SAIL LOFT, not to be occupied as such, but in places permitted by Selectmen
SALARIES of officers established

of officers receiving fees, not to be paid, in certain cases, until they account,&c. 358
SALE OF LAND) by executors, administrators and guardians

[See executors, administrators, probate, &c.]

at auction, by executors, &c. may be adjourned, not exceeding 14 days
by officers selling on execution, may be adjourned

191

223, 224

[See executors, administrators, execution, &c.]

SALES at auction regulated [See Vendue, &c.]

469

SAND, stones, gravel, &c. transportation of in boats, lighters, &c. regulated

SCHOOLS-books furnished by parents, &c. in case of their negleet how supplied

aliens not to be employed as instructors in

403

ib.

penalties for viola ions of provisions of this Act

ib.

districts how to be defined, their rights as to money raised
made corporations, may raise money, locate school houses
meetings of, how called, proceedings

403, 404
404

405

refusing to raise money to build school house, what proceedings to be
had by town or plantation

when inhabitants of, cannot agree where to place school house, Select-
men or Assessors to decide

406

ib.

to be Assessors of towns, in certain cases

SCIRE FACIAS, to issue on judgments for forfeitures and penalties, when further
sum is due

SCHOOL MASTERS and mistresses to produce certificates before keeping school
houses how to be built, repaired

403

404

159

ib.

when issued against principal, on recognizances to State, Courts may remit
the whole, or part of penalty

for waste against executors, administrators, &c. proceedings therein
against or in favor of administrators, de bonis non, to complete judgment
against or in favor of first executor, or administrator

in foreign attachment against trustee not exposing goods
proceedings and judgment thereon

against bail in civil actions when and how, and judgment

principal may be surrendered thereon, before judgment on payment
of cost [See bail, &c.]

SCYTHES naked, penalty for riding with, in highways

SEALER of weights and measures, how appointed, powers, duties

SEIZURE of personal property liable to forfeitures, proceedings thereon
[See forfeiture, beef, butter, pot and pearl ashes, inspection, &c.]

SEIZIN of executors, and administrators in lands mortgaged, or on execution
SELECTMEN to be chosen by towns in March or April annually
not to permit votes to be inspected, before poll is closed

to have alphabetical list of voters in town meetings for choice of State offi.
cers, and when to correct and revise such list

to call town meetings for choice of State officers, &c. and preside therein

their powers at such meetings:-to refuse improper votes

to require votes for Senators to be brought in on one list

penalty for neglecting their duty relating to calling meetings, elections

194

ib.
237

ib.

270

ib.

442

460, 461

367

297

193

367

369

372

ib.

373

ib.

374

377

to furnish school books at expense of town, in case, &c. to be charged to par-

ent

403

to determine place where to build school house, when district eannot agree
may lay out town and private ways

406

409

to determine places for erecting guide posts, and cause record thereof to be
made

420

as to making, opening and repairing common drains and sewers
with Justices in town, may establish town watch

421

440

to make provision for removing sick persons arriving from infected places
to appoint guard at ferries, to prevent passing of persons infected

443

444

power and duty, respecting removing, guarding, &c. infected baggage or
clothing

445

to inquire of masters of vessels under oath, respecting contagion
to provide red flags for vessels performing quarantine

446

448

to appoint enginemen to town and private engines

may order vessels from particular ports to perform quarantine
their power and duty when small pox suddenly breaks out
to give notice to travellers of places infected with small pox

to appoint sealers of weights and measures

may select enginemen for particular services at fires

to determine places where sail lofts and livery stables may be kept

may grant (together with the town Clerk) licenses to innholders, retailers,

&c.

not to grant such license to retailers if objected to by College government
in certain cases [See licenses, &c.]

may grant licenses to auctioneers, for one year

ib.

450

ib.

460

462, 463

463

465

466, 467

596

469

SELECTMEN may authorize proprietors of aqueducts to dig up and open

streets to lay pipes

may appoint weighers of beef to be sold in the market

of onions for shipping

inspectors of lime in certain towns

measurers of fire wood, bark, &c. in case towns so vote
inspectors of boats, lighters, &c. used for transportiug stones,
ballast, &c.

may regulate taking of shell fish, in certain cases

with two Justices to assign places for slaughter houses, distilleries, &c.
such assignment to be entered on town records, and notice given

to make regulations for safe keeping of gunpowder in certain towns
may enter buildings, in search of gunpowder

to make inquest of spendthrifts, idlers, drunkards, idiots, lunatics, &c. and
certify to Judge of Probate, if they require guardian

to post common drunkards, and tipplers in public houses
may prohibit licensed persons selling to such drunkards
to be overseers of poor, where none are specially chosen
duty as to jury box and drawing jurors

to perambulate lines of towns, once in 5 years

SENTENCES against criminals, may be conditional in case

SEPULCHRES of the dead, provisions for protecting against violation

[See dead bodies]

SEPARATION of Maine from Massachusetts, Act relating to

SERVANTS-penalty for receiving goods from, to sell at auction

children of paupers, may be bound and apprenticed as by indentures of over-

seers

SERVICE of writs of attachment, and summoning defendant, how made
original summons against exec'r, admin'r, in dower, error and review
of writs of review where defendants are out of State

of original summons when defendant was never inhabitant of State
in actions of dower and other real actions, to be on ter-tenant also

507

527

531

543

608

616

92

ib.

98

99

177, 179

468

ib.

424

304

571

363

83, 84

16 to 25

470

425

208

ib.

ib.

209

ib.

ib.

of process on joint contracts, where one or more defendants live out of State
on towns, parishes, corporations, proprietors, &c. copy of process to be left
with Clerk, Selectmen, 30 days before sitting of Court
209, 220, 371
when none of defendants are in State at time of, what proceedings to be bad 209
may be in certain cases, on defendant out of State, by personal notice, proved
of process in foreign attachment, mode of,
of audita querela, how to be made

of writs returnable before Justice of the Peace [See Jus. of Peace.]

of writs for replevying a person

of summons to deponent to give deposition before Jus. of Peace

of notice on petitions to the Legislature, before presenting

of civil process not to be made on Lord's day

of writ in favor of Sheriff against county for indemnity, how made

of process on turnpike corporations

210

251, 233

265

267

287

315

479

595

69

360

not to be contested, in certain cases [See poor.]

SESSIONS [See Courts of Sessions.]

SETTLEMENT of lands among heirs and devisees [See Estates, Division, &c.]

of certain equitable claims in real actions [See Actions real.]

of paupers in towns, how gained

SEWERS, common and drains regulated [See drains.]

SHAD, SALMON, &c. (See Fish.]

150

422

428

421

615

SHARES in companies how to be attached on mesne process, taken in execution

219

[See Attachment, Execution, Turnpike, Bank, &c.]

SHEEP, SWINE, &c. not allowed to go at large, in certain cases

451

SHELL FISH, certain kinds not to be taken without permission of Selectmen
SHERIFF, general powers and duties of, defined

616

324

duty or excise to be paid by, on appointment

341

persons presuming to act as such, without authority, punishment of

327

to serve by himself or deputy, all writs, precepts, &c. including those in
which their own towns are parties or interested

neglecting to pay over monies collected on execution, liable to 30 per cent.
interest

ib.

body not liable to arrest, &c. in civil cases

to be thereupon removed, if debt be not paid within 40 days after notice

SHERIFF to give bond to State Treasurer, and in what sum and condition
bond of, to be approved by Court of Sessions, and sufficiency to be annually
examined, on motion of County Attorney

sufficiency of, to be certified annually to State Treasurer
neglecting to give, penalty and how recovered

to be removed in certain cases of neglect

condition of bond, to extend to misdoings of deputy or gaoler, after death

or resignation of Sheriff

322

ib.

ib.

323

ib.

325

ib.

324

325

demnified by assessment of Court of Sessions, on county

other executions in their hands, or of other officers

execution against, returned unsatisfied, copy to be laid before Governor and
Council

to be answerable to his successor for all prisoners

when removed, execution against to issue against their body and estate
to bury bodies of debtors dying in prison, if not delivered to their friends
expenses how to be paid

to settle his accounts with State for fines, in Common Pleas or S. J. Court
may require aid in criminal cases

to keep calendar of prisoners, form thereof

to preserve warrants, mittimusses, &c. and deliver them to his successor
to be liable to creditor for escape through insufficiency of gaol, and to be in-

when sued in official capacity not bound to plead specially
copy of bond of, may be required by any person aggrieved
action on, to be commenced in county where dwelling
writs in such cases how to be endorsed, for party interested
execution upon, how awarded, on judgment rendered

actions against for misconduct of deputics, limited to four years

having surplus of sales on execution how to dispose of or retain subject to

326

ib.

ib.

ib.

ib.

ib.

327

ib.

357

ib.

360

213

324

ib.

ib

ib.

244

227,228

[See Officers, and Executions.]

to serve notices on petitions to Legislature

to execute and serve all legal process from Probate Courts

160

to take recognizance on writs for replevying a person, in certain cases

267

to summon jury, in forcible entry and detainer

293

may reiden talismen on jury of trials in cases

307

when arresting thief or robber, to take goods, money, &c. found upon him,

and annex inventory thereof to his return

accountable for such goods, and to deliver to owner after conviction

not to afrest dead bodies on mesne process or execution

to oversee execution of sentences on convicts

to execute warrants of distress for collecting taxes, when Assessors are defi,
cient

to execute warrants of distress from State, town, &c. Treasurer

to collect taxes when towns, &c. neglect to choose Collectors

to disperse warrants for collecting taxes

produce to Courts at every term, receipts from county Treasurer for fines
[See Officers.]

SHEWS public, and pageantry prohibited

SHINGLES [See Lumber.] tale, &c of, regulated

SHIPS and cargoes, punishment for wilful destruction of

fitting out with intent to be destroyed

SHIPWRECKED PROPERTY [See Commissioners of Wrecks.]

SHOOKS hogshead, size and quality of regulated

[See Vessel.]

to be inspected, branded, &c. by sworn inspectors, under bond
persons injured by inspector's neglect may have remedy bond

306

384

384, 400

398

378

299

442

538

78

ib.

541

542

ib.

SHORES [See drains and sewers.]

SICKNESS CONTAGIOUS, provisions against spread of, [See contagious sickness.] 443

when breaking out suddenly, duty of Selectmen, in regard to

450

SLAUGHTER HOUSE, [See Nuisance.]

SMALL POX, and other contagious disorders, notice to be given travellers by

Selectmen by flags, &c. placed, where prevalent

ib.

SPECIAL PLEADING not required of executors, administrators, guardians,
civil and military officers. when sued in that capacity

SQUIBS, CRACKER, &c. not to be fired without license of Selectmen

STATE TREASURER, may prosecute suits in his capacity, in certain cases

to send warrants for assessing taxes to Sheriffs

to issue warrant against towns and plantations when assessors are unable to
pay deficiency, in certain cases

SMALL POX. householder to give notice to Selectmen, if prevalent in his family 450

no person to be inoculated for, but at a licensed hospital

hospital for, not to be within 100 rods of dwelling house, unless, &c.
regulations of hospitals for inoculating with
penalties for violating regulations respecting

SODO MY AND BESTIALITY, how punished

SOCIAL LIBRARIES how organized [See Libraries.]

SOLDIERS, MARINE S, &c. may dispose of personal property, without formal

will, in certain cases

SOLITARY IMPRISONMENT, [See Convicts.]

SPARS, [See logs, &c.]

449

ib.

ib.

450

58

490

118

178

179

SPENDT RIFTS, IDLERS, DRUNKARDS, to have guardians appointed
their guardians subject to like duties, as guardians to idiots
conveyances by, after application to Judge for guardian, to be void, if notice be.
filed in Register of Deeds' office, and guardian be appointed [See Guardians.] ib,

matter may be given in evidence under general issue in such cases

to lay before Governor and Council annually, statement of warrants, balances,
in Sheriff's hands, and names of Sheriffs' sureties

to issue warrant against delinquent assessors, for amount required

195, 213

ib. ib.

358

100

214

323

378

ib.

384

to issue warrant of distress against delinquent Constables

392

may issue execution, at request of Selectmen, &c. against delinquent collectors 393
may issue execution against Sheriffs, &c. in certain cases
to give bond for fidelity, sum and condition

account of monies in treasury to be taken in such cases and how

when insane, disabled, &c. Governor to declare office vacant and appoint
commissioner of treasury

594

iD.

to issue warrant to Justice of Peace to call meeting of plantations not organ-
ized, when tax is to be assessed

379

STATE, executions in favor and to use of, how to be issued, extended, &c.
mortgages to, how to be discharged and amount due liquidated

estates to escheat to, in default of heirs

232

125

122

Treasurer

to be deemed in actual possession of lands, on judgment of reseizin
when owner afterwards appears, on what terms to be restored to estate
to have lien on real estate of persons under recognizance

ter in evidence, under general issue

when costs in favor of, in civil cases are received by Clerk, to be paid State

to have inquest of office to revest, or become entitled to real estate in cer-
tain cases, by information of Attorney General, in S. J. Court

338

154

157

ıb.

275

STATEMENT, brief, to be filed by certain officers and others giving special mat-

STAVES, culling, &c. regulated

STEELYARD, VIBRATING, of Dearborn and Hills, may be used, provided
STEREOTYPE PLATES to be used for bank bills, and to be kept in vaults

[See Banks.]

STOCKHOLDERS, [See Insurance, Banks, &c.]

STOLEN GOODS, owner of, how to be indemnified in certain cases

to be restored on conviction, in certain cases

STONES, GRAVEL, &c. transportation of, in boats and lighters regulated
STOVES, stove pipes and chimnies, penalty for suffering them to be defective
STRAY BEASTS and LOST GOODS, mode of proceeding with by finder

may be granted by Justices of Peace, in criminal cases, provided
SUMMONS to party sued by attachment, to be left 14 days before Court
original, mode of service [See service, &c.]

STRIP AND WASTE pending real actions, prohibited [See waste.]

213

539

462

493

65

ib.

607

99

456

258

216, 288

286

208

208, 209
111