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riously mad, committed thereto in conformity to the seventh section of the act entitled "An act vesting justices of the peace with certain powers in criminal cases,” shall neglect to pay such expense, it shall be the duty of the keeper of the jail to which such lunatic may have been committed, to give notice of such neglect to the attorney general; who shall institute a suit in the name of the keeper of the jail

, against the person or town so neglecting, for the recovery of such expense, and prosecute the same to final judgment.

An Act in relation to the duty of Town Treasurers.

Section 1. Town treasurer to pay over registry taxes to president or chairman of

school committee, for support of schools.

It is enacted by the General Assembly, as follows:

SECTION 1. It shall be the duty of the town treasurer of each town to pay over to the school committee of the town, for the support of public schools, all monies received for registry taxes, upon the order of the president or chairman of the school committee, duly drawn upon such treasurer.

An Act to continue an act entitled " An Act securing to Me

chanics and others payment for their labor and materials expended in erecting and repairing houses and other buildings, canals, rail-roads and turnpikes, with their appurtenances."

Section 1." The act referred to continued in force until the rising of the general as

sembly at their January session, 1845.

It is enacted by the General Assembly, as follows :

SECTION 1. "The act entitled " An act securing to mechanics and others payment for their labor and materials expended in erecting and repairing houses and other buildings, canals, rail-roads and turnpikes, with their appurtenances, passed February 7, 1834, be continued in operation until the rising of the general assembly at its next January session.

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page 126

ABATEMENT, of writs, &c., for want of defendant's addition,

of certain actions, not to be caused by death of plaintiff or de-
fendant,

132
ACCESSORIES, before the fact, how punished,

398
after the fact, who may not be,

398
after the fact, how punished,

398
Account, sued, to be annexed to the writ or declaration,

106, 127
act concerning actions of,

180
of defendant, to be annexed to his plea,

127
balance of, under twenty dollars, may be sued for before a
justice of the peace,

106
action of, between whom it may be brought,

181, 234, 244
action of, appeal in,

181
proceedings in, before auditors,

181
settlement of an executor's, administrator's or guardian's, with
court of probate, to be final,

247
ACTIONS, when to be entered,

126
which do not abate, by the death of either plaintiff or defendant, 132
against executors and administrators, when to be brought, 134, 255
against guardians, when to be brought,

275
in what county to be brought,

139, 140
brought by administrators, executors or guardians, not to abate
by their removal from office,

225
in favor of and against limited partnerships, how to be brought, 284
of account, act concerning,

180
of ejectment on mortgages,

197, 246
of dower,

189
against partners,

131
against heirs,

248
against owners of cattle damage feasant,

366
personal, act for the limitation of,

220
Acts of the general assembly, how to be passed,

67
fair copies of, to be kept and recorded by the secretary,

67
to be printed, and how distributed,

67
ADDITION of defendant to be given in all process,

126
ADDRESS of president Washington,

34
ADMINISTRATORS, to prosecute or defend the suits of their intestates, 133
not to be held to bail in suits against them,

133
goods of, not subject to attachment in suits against them ex-
cept after suggestion of waste,

133
actions against, when to be brought,

134
de bonis non, may have scire facias or executions on judg-
ments obtained by their predecessors,

184

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224

ADMINISTRATORS, not bound by special promise, not in writing,
sole, being removed, a successor to be appointed,

225
may be removed for cause,
bond of, proving insufficient, may be required to give further
bond,

225
may resign their offices,

227
with will annexed, may be appointed in certain cases,

234
with will annexed, have same powers as the executors,

235
who entitled to be appointed,

242
bond of,

243
how to account for inventory,

244
may bring actions of account against co-administrators, 244
husbands have right to be, on wives' estates,

245, 271
may be appointed on estates of persons absent three years,

245
may sue for possession of mortgaged estate,

246
recovering possession of mortgaged estates, to be seized for
the use of heirs,

246
may sell estate mortgaged after possession recovered, to pay
debts,

246
may discharge mortgages,

247
to be allowed compensation for their services,

247
settlement of accounts of, by court of probate, to be final, 247
may sell real estate, to pay debts, &c.

247
proceedings in suits on bonds of,

249
to settle estate in three years,

251
how to perpetuate notice of sale of real estate,

251
to settle accounts annually,

251
to pay to town treasurers, debts, &c., not claimed in five years, 1 252
on insolvent estates, not subject to suits pending commission, 255
on insolvent estates, may refer disputed claims,

255
actions against, to be continued until it is ascertained whether
or not the estate is insolvent,

255
to record the death of their intestates,

269
may be appointed, on estate of persons committed to the state
prison for seven years or more,

412
ADMINISTRATION, to whom to be granted,

242
ADULTERY, how punished,

393
ADULTERATED food, penalty for selling,

397
ADULTERATING food or drugs for sale, how punished,

397
ADVANCEMENT, what,

241
to be deducted from child's share of ancestor's property, 241
AGENTS and principals, act relating to,

279
for sale of goods, may sell or pledge them for a new debt, 280
how liable for defrauding principal,

281
Agent of Providence and Pawtucket turnpike, to be appointed by
the general assembly, and duties of,

433
AGREEMENT, relative to partition fences, to be recorded,

364
Aid, allowed to sheriffs, &c., in certain cases,

151
ALE, penalty for selling, without license,

496
ALIMONY, may be decreed by supreme court,

91, 264
AMENDMENTS to be allowed in civil process,

131
to be allowed in criminal process,

409
ANIMALS, act relative to impounding,

366
act to prevent certain, from going at large,

369
impounded, may be replevied, and how,

367, 368
Answer, in court of common pleas, when to be filed,

98
134

ANSWER, in court of common pleas, if real estate be attached, 115

in court of common pleas, if writ served by garnishee process, 120
in special court of common pleas,

100
APPEAL, from court of common pleas to supreme court in civil cases, 99

from justice of peace to court of common pleas in civil cases, 107
reasons of, when to be filed,
in actions of account,

181
in actions of dower,

189
in actions of partition,

194
in flowage cases,

206
from decrees of town councils, relative to employment of prop-
erty given for charitable uses,

209
in petitions for benefit of insolvent act,

214
in probate cases, how, in what cases, and when to be taken and
effect of,

228, 229
in laying out highways,

320, 321
in bastardy cases,

355, 358
in replevin of beasts impounded,

368
from justice of the peace to court of common pleas, in criminal
matters,

406
from court of common pleas to supreme court, in criminal mat-
ters,

407
APPELLANT, in criminal matters, failing to prosecute, proceedings
against,

408
in suits on bonds and notes, to pay down costs, and liable to
double costs in certain cases,

139
APPLICATION for appointment of a guardian, to whom made, and
how,

272, 273
APPOINTMENT of a guardian, to be notified, and how,

274
APPONAUG, bridge, act relative to,

330
excessive riding in, prohibited,

332
APPRENTICES,

who

may be bound as, by whom, and in what manner, 277
usage of, to be inquired into by parents and guardians, 277
absconding, how punished,

278
may be discharged from service in certain cases,

278
discharged by death of master,

279
Arson, how punished,

381
person accused of, when to be tried, or bailed,

408
person accused of, to be bailed only by supreme court,

408
Ash, lumber, kinds of,

450
ASSAULT, with intent to kill, &c., how punished,

381
upon an officer, how punished,

381
Assault AND BATTERY, how punished,

381
may be compromised,

405
effect of the compromise of,

405
Assessors OF Taxes, refusing to serve, to be fined,

304
to notify inhabitants to bring in lists of property, before they
assess a tax,

425
may swear inhabitants to their lists of property,

425
to assess tax, according to lists brought in, unless known to be
false,

425
to distinguish in tax bills, those who bring in lists and those
who do not,

427
to distinguish in tax bills, taxes assessed on real, from taxes
assessed on personal estate,

427
to return tax bill to town clerk,

427

ASSESSORS OF Taxes, fees of,

431
may be chosen by town when ordering a tax,

432
to assess a registry tax on all persons registered as voters, 485
duties of, in relation to the militia,

504
to prepare a list of persons liable to be enrolled in militia, and
deliver it to town clerk,

504
to assess commutation tax on enrolled militia,

505
may require information of tavern-keepers and others, as to
boarders liable to be enrolled,

505
penalty for refusing to give information to, in relation to per-
sons liable to be enrolled,

523
may appoint some person to make list of enrolled militia, 505
penalty on, for neglect of duty in relation to militia,

522
AssigneES, for benefit of creditors, may be compelled to return an in-
ventory and give bond, by supreme court,

90
for benefit of creditors, may be removed by supreme court,

91
of insolvent debtors, may be called to account,

213
of insolvent debtors, shall be sworn and may be required to give
bonds,

214
ASSUMING AN OFFICE, how punished,

378, 389
ATTACHMENT, of goods and chattels, to be made when body of defend-
ant cannot be found,

113
of goods and chattels, how to be made,

113
of real estate, how and when to be made,

115
of bank, insurance, and other corporate stock, how and when
to be made,

121, 122
of property of foreign corporations, how and when to be made, 122
to be satisfied in the order in which made,

116
property exempt from,

114, 121
ATTENDANce and travel, of party to a civil suit,

149, 150
ATTORNEY GENERAL, act in relation to,

71
to attend the general assembly, supreme court and court of
common pleas,

71
fees of,

142
assuming office of, without due election, how punished,

378
or governor, to allow complaints for certain offences, before
magistrate issues his warrant,

379
ATTORNEYS AT Law, to pay a tax to the state on their admission, 500
AUCTIONEERs, act establishing,

305
may be appointed by town councils,

305
to give bonds,

306
bonds of, to be transmitted by town treasurer to general treas-

306
bonds of, how to be sued,

306
to make out in writing, sign and read conditions of sale, before
sale,

306
commissions of,

306
to render semi-annual account to general treasurer of dutiable
goods sold,

307
penalty for assuming office of, without election,

308
Auction SALES, duties on, and how collected,

307
Auditors, may be appointed by court, in certain actions,

132
must be appointed in actions of account,

181
proceedings before,

181

urer,

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