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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.

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An Act to continue an 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 appurte

nances."

SECTION 1. The act referred to continued in force until the rising of the general assembly 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.

INDEX.

A.

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

page 126
of certain actions, not to be caused by death of plaintiff or de-
fendant,

ACCESSORIES, before the fact, how punished,

after the fact, who may not be,

after the fact, how punished,

ACCOUNT, sued, to be annexed to the writ or declaration,

act concerning actions of,

of defendant, to be annexed to his plea,

132

398

398

398

106, 127

180

127

106

181, 234, 244

181

181

247

126

balance of, under twenty dollars, may be sued for before a

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settlement of an executor's, administrator's or guardian's, with

ACTIONS, when to be entered,

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,

in what county to be brought,

275

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,

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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

not to be held to bail in suits against them,

ADMINISTRATORS, to prosecute or defend the suits of their intestates,

goods of, not subject to attachment in suits against them ex-

133

133

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,

134

ADMINISTRATORS, not bound by special promise, not in writing,

sole, being removed, a successor to be appointed,

222

225

may be removed for cause,

224

may resign their offices,

bond of, proving insufficient, may be required to give further
bond,

225

227

with will annexed, may be appointed in certain cases,

with will annexed, have same powers as the executors,
who entitled to be appointed,

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

244

245, 271

may be appointed on estates of persons absent three years,
may sue for possession of mortgaged estate,
recovering possession of mortgaged estates, to be seized for
the use of heirs,

245

246

may discharge mortgages,

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

246

246

247

to be allowed compensation for their services,

247

settlement of accounts of, by court of probate, to be final,

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

251

251

252

255

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

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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,

AGENT of Providence and Pawtucket turnpike, to be appointed by

279

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

280

281

the general assembly, and duties of,

438

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,
AMENDMENTS to be allowed in civil process,

to be allowed in criminal process,

ANIMALS, act relative to impounding,

act to prevent certain, from going at large,
impounded, may be replevied, and how,

ANSWER, in court of common pleas, when to be filed,

91, 264

131

409

366

369

367, 368

98

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

in court of common pleas, if writ served by garnishee process,
in special court of common pleas,
APPEAL, from court of common pleas to supreme court in civil cases,
from justice of peace to court of common pleas in civil cases,
reasons of, when to be filed,

115

120

100

99

107

134

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

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

407

408

how,

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

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

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

APPONAUG, bridge, act relative to,

excessive riding in, prohibited,

APPRENTICES, who may be bound as, by whom, and in what manner,

usage of, to be inquired into by parents and guardians,

absconding, how punished,

139

272, 273

274

330

332

277

277

278

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

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

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

425

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,

may be chosen by town when ordering a tax,

431

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,
penalty on, for neglect of duty in relation to militia,

ASSIGNEES, for benefit of creditors, may be compelled to return an in-

ventory and give bond, by supreme court,

for benefit of creditors, may be removed by supreme court,
of insolvent debtors, may be called to account,

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

ASSUMING AN OFFICE, how punished,

ATTACHMENT, of goods and chattels, to be made when body of defend-

ant cannot be found,

of goods and chattels, how to be made,

of real estate, how and when to be made,

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

115

121, 122

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

505

522

90

91

213

214

378, 389

113

113

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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,
AUCTIONEERS, act establishing,

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

urer,

306

bonds of, how to be sued,

commissions of,

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

306

306

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

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