(G LIBRARY OF THE THEOLOGICAL SEMINARY PRINCETON, N.J. The George J. Finney Collection of Shaker Literature Given in Memory of His Uncle The Rev. John Clark Finney Class of 1907 1 Digitized by tine Internet Arciiive in 2011 with funding from Princeton Tiieoiogicai Seminary Library littp://www.arcliive.org/details/revisedstatutesoOOnewli THi: REVISED STATUTES OF THE STATE OF NEW HAMPSHIRE, PASSED DECEMBER 23, 1842. TO WHICH ARE PREFIXED THE CONSTITUTIONS OF THE UNITED STATES AND OF THE STATE OF NEW HAMPSHIRE. ^ufiUsljetr fifi attitr: at tfte aeflislaturr. CONCORD: PUBLISHED BY CARROLL & BAKER, STATE PRINTERS. ^1843. Entered according to act of Congress, in the year 1843, By Carroll & Baker, In the Clerk's Office of the District Court for the District of New Hampshire. stereotyped BV MORRILL, SILSBY & CO CONCORD, N. H. ADVERTISEMENT. The first constitution of New Hampshire was adopted in 1783. It then became necessary to collect the statute laws of the State and adapt them to the new constitution, and in 1784 Hon. Samuel Livermore, Hon. Josiah Bartlett and Hon. John Sullivan were appointed a committee for that purpose. This volume, however, was little more than a compilation. In January, 1790, Hon. Jeremiah Smith, Hon. Nathaniel Peabody and John Samuel Sherburne, Esq., were appointed a committee to collate and revise the statutes, and their draft which was enacted in February, 1791, has been the basis of our statute laws since that time. This revision was quite general and thorough, most of the laws having been redrafted and condensed by them. In 1797, 1805 and 1815, new editions of the statutes were pub- lished ; but they were merely compilations, methodically arranged, of the laws which at the time were in force. In 1822 the probate laws, embracing about thirty-five pages, were revised by Hon. Charles H. Atherton, Hon. John Harris and James Bartlett, Esq., and in 1827, 1828 and 1829, a revision of other portions of the statutes, embracing about two hundred pages, was made under an order of the legislature by Hon. William M. Richardson, John Porter, Esq., and Samuel D. Bell, Esq. These laws, with a compilation of the statutes then in force and not revised, are contained in the volume published in 1830, In June, 1840, a resolution was adopted by the legislature " that three suitable persons be appointed by his excellency, with advice of council, to revise, codify, and amend the statute laws of New Hampshire." In November, 1840, Hon. Joel Parker, Samuel D. Bell, Esq., and Charles J. Fox, Esq., were appointed commissioners under said resolve. Owing to the pressure of official duties. Judge Parker was unable, except by his advice, to take any part in the labors of the revision. The loss of the aid of his learning and IV ADVERTISEMENT. experience, which would have been valuable, is deeply regretted by the other commissioners. By great exertions and unremitting toil, however, the undersigned were enabled to complete their work and to present their report accompanied by a draft of the Revised Statutes, on the first day of the session of the legislature in June, 1842. This report and draft were ordered to be printed, and the consideration thereof was postponed to an adjourned session, holden for that purpose on the first Wednesday of November, when, after a session of fifty-two days, the Revised Statutes of New Hampshire were adopted, December 23, 1842. No general revision of the statute laws of this State, until the present one, had taken place since 1790. During the fifty years which had elapsed, nearly two thousand different acts had been passed, of which about six hundred were in force in 1841. In the revision these laws have been abridged nearly one half. To condense, embody and arrange their various and conflicting provi- sions into a system, without changing important and well esta- blished principles, was found to be no easy task. In the execution of the work the commissioners adopted the general plan of the Revised Statutes of New York, (which is the basis of nearly all the recent revisions, ) with such modifications as were suggested by the peculiar internal system of this State. By a resolution passed December, 1842, the secretary of state was directed to proxiure from the commissioners suitable running titles, abstracts for the chapters and an exact and copious index for the Revised Statutes. The preparation of the index has been a work of much labor. To be useful, it must be full, accurate and methodical. The plan adopted has been to make a general head of the subject matter in the index, and under it to arrange the different provisions relating to that head in alphabetical order, as a sub-index. It is thought that this arrangement, when understood, will be found in practice more convenient than any other. SAMUEL D. BELL, CHARLES J. FOX. March, 1843. ANALYSIS CONSTITUTIONS OF THE UNITED STATES AND OF NEW HAMPSHIRE, AND OF THE SEVERAL TITLES AND CHAPTERS CONTAINED IN THE REVISED STATUTES. CONSTITUTION OF THE UNITED STATES. Page. Article I. Legislative power 2 II. Executive power 7 III. Judicial power 9 IV. Relative rights of States 10 V, How the constitution may be amended 11 VI. Of former debts, supremacy of the constitution and laws of the United States and oath required of public officers 12 VII. Ratification of the constitution 12 Amendments 12 CONSTITUTION OF THE STATE OF NEW HAMPSHIRE. Part I. Bill of rights 17 Part II. Form of government 23 General Court 23 House of Representatives 24 Senate 26 Vi ANALYSIS OF THE STATUTES. Executive power 30 Governor 30 Council 33 Secretary, Treasurer, Commissary General, &c 35 County Treasurer, &c , 35 Judiciary power 36 Clerks of courts 37 Encouragement of learning 37 Oaths, writs, and general provisions 37 Declaration of the adoption of the constitution 41 THE KEVISE® STATUTES. TITLE I. OF STATUTES AND LEGISLATIVE PROCEEDINGS. Chapter 1. Of the construction of statutes 43 Chapter 2. Of applications to and proceedings before the le- gislature 46 Chapter 3. Of the publication and distribution of statutes and journals 47 Chapter 4. Of the public printer and public printing 49 TITLE II. OF THE PROPERTY AND REVENUE OF THE STATE. Chapter 5. Of the state house 50 Chapter 6. Of the state library 51 Chapter 7. Of the state lands 53 Chapter 8. Of the surplus revenue .54 Chapter 9. Of the asylum for the insane 55 Chapter 10. Of the state tax 57 TITLE III. OF CERTAIN STATE OFFICERS, AND THE TENURE OF OFFICE. Chapter 11. Of the secretary of state 64 Chaptkr 12. Of the stale treasurer 65 ANALYSIS OF THE STATUTES. Vll Chapter 13. Of the attorney general and solicitors 66 Chapter 14. Of notaries public and commissioners 67 Chapter 15. Of the tenure and oath of office in certain cases. .69 TITLE IV. OF THE CIVIL DIVISIOiNS OF THE STATE. Chapter 16. Of the several counties of the State 70 Chapter 17. Of the several council districts 73 Chapter 18. Of the several senatorial districts 74 TITLE V. OF COUNTIES AND COUNTY OFFICERS. Chapter 19. Of the powers and obligations of counties 76 Chapter 20. Of the election of county officers 76 Chapter 21. Of the county treasurer 78 Chapter 22. Of registers of deeds 79 Chapter 23. Of the county revenue 80 TITLE VI. OF ELECTIONS OTHER THAN OF COUNTY AND TOWN OFFICERS. Chapter 24. Of the rights and qualifications of voters 81 Chapter 25. Of the manner of conducting elections 82 Chapter 26. Of the election of governor, counsellors and senators 85 Chapter 27. Of the election of representatives in Congress ... 86 Chapter 28. Of the election of electors of president and vice- president 87 Chapter 29. Of the election of representatives in the general court 89 Chapter 30. General provisions concerning elections 91 TITLE VIL OF TOWNS AND TOWN OFFICERS. Chapter 31. Of the powers of towns 93 Chapter 32. Of warning town meetings 94 till ANALYSIS OF THE STATUTES. Chapter 33. Of the government of town meetings 95 Chapter 34. Of the choice of town officers 96 Chapter 35. Of oaths of town officers 97 Chapter 36. Of vacancies in town offices 99 Chapter 37. Of town lines 100 Chapter 38. Of mi incorporated places 101 TITLE VIII. OF THE ASSESSMENT AND COLLECTION OF TAXES. Chapter 39. Of persons and property liable to taxation 102 Chapter 40. Where and to whom persons and property shall be taxed 103 Chapter 41. Of the annual invoice of polls and taxable property 106 Chapter 42. Of the appraisal of taxable property 107 Chapter 43. Of the assessment of taxes 108 Chapter 44. Of the abatement of taxes 109 Chapter 45. Of the collection of taxes of residents 109 Chapter 46. Of the collection of taxes of non-residents 112 Chapter 47. Of the collection of taxes by the sheriffs 115 Chapter 48. Of extents 116 TITLE IX. OF HIGHWAYS, BRIDGES AND FERRIES. Chapter 49. Of the powers of selectmen to lay out highways. . 118 Chapter 50. Of the powers of the court of common pleas in relation to the laying out of highways 120 Chapter 51. Of the powers of the road commissioners 122 Chapter 52. Of the payment of damages occasioned by lay- ing out highways 123 Chapter 53. Of the neglect of towns to make and repair highways 124 Chapter 54. Of the discontinuance of highways 126 Chapter 55. Of repairing highways 126 Chapter 56. Of making and repairing highways not in any town 128 Chapter 57. Of damages from defects of highways 130 Chapter 58. Of injuries to highways and railroads 131 Chapter 59. Of incumbrances in highways 131 ANALYSIS OF THE STATUTES. IX Chapter 60. Of encroachments on highways 132 Chapter 61. Of bridges 133 Chapter 62. Of guide posts 133 Chapter 63. Of turning to the right 134 Chapter 64. Of ferries 135 TITLE X. OF THE SUPPORT OF PAUPERS AND THE PREVENTION OF PAUPERISM. Chapter 65. Of the settlement of paupers 136 Chapter 66. Of the support of town paupers 137 Chapter 67. Of the disposal and support of county paupers. . 139 Chapter 68. Of the maintenance of bastard children 141 TITLE XI. OF PUBLIC INSTRUCTION. Chapter 69. Of the creation and division of school districts. . 143 Chapter 70. Of the meetings and officers of school districts. . 145 Chapter 71. Of school houses 14f Chapter 72. Of assessment and apportionment of the school tax 148 Chapter 73. Of the regulation, instruction and inspection of schools 149 Chapter 74. Of schools in the town of Portsmouth 152 Chapter 75. Of the literary fund 154 TITLE XIL OF THE MILITIA. Chapter 76. Of exemptions 155 Chapter 77. Of enrolments 157 Chapter 78. Of warnings 158 Chapter 79. Of uniform and equipments 159 Chapter 80. Of fines for non-appearance and deficiences of equipments 161 Chapter 81. Of excuses and certificates of disability 162 Chapter 82. Of distress for fines 163 Chapter 83. Of pay and rations 165 B X ANALYSIS OF THE STATUTES. Chapter 84. Of companies and enlistments 166 Chapter 85. Of ordnance and gun houses 167 Chapter 86. Of arms furnished by the State 169 Chapter 87. Of company trainings and regimental musters. . 170 Chapter 88. Of returns 171 Chapter 89. Of orderly books and rosters 173 Chapter 90. Of instruction of officers and musicians 174 Chapter 91. Of detachments for actual service 175 Chapter 92. Of regiments, brigades and divisions 176 Chapter 93. Of officers 178 Chapter 94. Of the adjutant general 180 Chapter 95. Of the commissary general 182 Chapter 96. Of courts martial 183 Chapter 97. Of courts of inquiry 186 Chapter 98. Of the incorporation of military companies .... 187 TITLE XIII. OF THE INSPECTION AND SALE OF PROVISIONS AND MERCHAN- DIZE, AND THE REGULATION OF TRADE. Chapter 99. Of the appointment and duties of inspectors. . . 188 Chapter 100. Of the inspection of beef and pork 189 Chapter 101. Of the inspection of butter and lard 195 Chapter 102. Of the inspection of hops 197 Chapter 103. Of the inspection of fish 199 Chapter 104. Of the inspection of pot and pearl ashes 204 Chapter 105. Of the inspection of gunpowder 206 Chapter 106. Of the inspection of lumber, timber, &c 207 Chapter 107. Of the sale of hay, leather and cord wood. . . . 210 Chapter 108. Of measurers of grain in Portsmouth 211 Chapter 109. Of the weight of oats, potatoes and bread ....212 Chapter 110. Of weights and measures 213 TITLE XIV. OF INTERNAL POLICE. Chapter 111. Of the extinguishment of fires 215 Chapter 112. Of the safe keeping of gunpowder 219 Chapter 113. Of offences against the police of towns 220 Chapter 114. Of police officers 223 ANALYSIS OF THE STATUTES. Xi Chapter 115. Of watchmen 225 Chapter 116. Of idle and disorderly persons 225 Chapter 117. Of licensed honses 227 Chapter 118. Of Snnday and of religious meetings 228 Chapter 119. Of the removal of nuisances 230 Chapter 120. Of the small pox and pestilential diseases 232 Chapter 121. Of quarantine 233 Chapter 122. Of pilots and pilotage and the harbor of Pis- cataqua 236 Chapter 123. Of sea weed 237 Chapter 124. Of hawkers and pedlers 238 Chapter 125. Of shows and exhibitions 239 Chapter 126. Of the record of births and deaths 239 Chapter 127. Of the destruction of noxious animals and the preservation of game 240 Chapter 128. Relating to sheep * 241 TITLE XY. OF THE TITLE TO, ALIENATION OF, AND LIENS UPON REAL AND PERSONAL ESTATE. Chapter 129. Of estates in real property 242 Chapter 130. Of the conveyance of real estate 243 Chapter 131. Of mortgages of real estate 245 Chapter 132. Of mortgages of personal property 247 Chapter 133. Of the liens of mechanics and others 249 Chapter 134. Of assignments for the benefit of creditors. . . . 251 TITLE XYI. PROVISIONS RESPECTING MILLS, FENCES, POUNDS, FLOATING TIMBER, STRAYS AND LOST GOODS. Chapter 135. Of mills and their repairs 251 Chapter 136. Of fences and common fields 253 Chapter 137. Of pounds and the distraining of animals 256 Chapter 138. Of floating timber and damage therefrom 259 Chapter 139. Of strays and lost goods 260 XII Chapter 140. Chapter 141. Chapter 142. Chapter 143. Chapter 144. Chapter 145. Chapter 146. ANALYSIS OF THE STATUTES. TITLE XVII. OF CORPORATIONS. Of banks 262 Of manufacturing corporations 270 Of railroad corporations 275 Of the proprietors of common lands 277 Of religious societies 281 Of voluntary associations 283 General provisions respecting corporations 285 TITLE XVIII. OF THE DOMESTIC RELATIONS. Chapter 147. Of marriage 290 Chapter 148. Of divorce 293 Chapter 149. Of husband and wife 295 Chapter 150. Of guardian and ward 297 Chapter 151. Of masters, apprentices and servants 302 TITLE XIX. OF PROBATE AND THE ESTATES OF DECEASED PERSONS. Chapter 152. Of judges of probate and their jurisdiction. . . . 305 Chapter 153. Of registers of probate 307 Chapter 154. Of the times and places of holding courts of probate 308 Chapter 155. Of citations and notices 310 Chapter 156. Of wills 311 Chapter 157. Of the probate of wills 312 Chapter 158. Of administration 314 Chapter 159. Of the inventory and accounts 316 Chapter 160. Of embezzlements 319 Chapter 161. Of suits by and against administrators 319 Chapter 162. Of insolvent estates 322 Chapter 163. Of appeals from commissioners 325 Chapter 164. Of license to sell real estate 327 Chapter 165. Of the widow's allowance, dower and distri- butive share 329 Chapter 166. Of descent, distribution and advancements.. ..330 ANALYSIS OF THE STATUTES. Xlll Chapter 167. Of the division of real estate among heirs and devisees 332 Chapter 168. Of trustees of estates 334 Chapter 169. Of bonds to the judge and suits thereon 335 Chapter 170. Of appeals from the court of probate 338 TITLE XX. OF COURTS AND THEIR OFFICERS. Chapter 171. Of the superior court of judicature 339 Chapter 172. Of the court of common pleas 342 Chapter 173. Of the adjournment of courts 344 Chapter 174. Of the clerks of courts 344 Chapter 175. Of justices of the peace 346 Chapter 176. Of juries 348 Chapter 177. Of attorneys and counsellors 351 Chapter 178. Of sheriffs and their deputies 352 Chapter 179. Of coroners and constables 356 TITLE XXL OF ACTIONS AND PROCESS. Chapter 180. Of actions 357 Chapter 181. Of the limitation of suits 359 Chapter 182. Of writs and mesne process 361 Chapter 183, Of the service of writs 365 Chapter 184. Of attachments 367 Chapter 185. Of arrests and bail 372 TITLE XXIL OF PROCEEDINGS IN COURT. Chapter 186. Of nonsuit, default, notice and abatement 374 Chapter 187. Of tender, confession, pleading and set-off. . . . 377 Chapter 188. Of views and evidence 378 Chapter 189. Of auditors 382 Chapter 190. Of judgments » . . 383 Chapter 191. Of costs 385 Chapter 192. Of reviews and new trials 386 XIV ANALYSIS OF THE STATUTES. TITLE XXIII. OF EXECUTIONS, LEVIES, BAIL AND RELIEF OF POOR DEBTORS. Chapter 193. Of executions 388 Chapter 194. Of the levy of executions on personal estate . . 390 Chapter 195. Of levies on real estate 393 Chapter 196. Of levies on equities of redemption 394 Chapter 197. Of levies and injunctions 396 Chapter 198. Of executions against towns 397 Chapter 199. Of imprisonment and prison bonds 398 Chapter 200. Of the relief of poor debtors 399 Chapter 201. Of the liability of bail 402 TITLE XXIV. OF PROCEEDINGS IN SPECIAL CASES. Chapter 202. Of habeas corpus 404 Chapter 203. Of forfeiture of grants 408 Chapter 204. Of replevin 411 Chapter 205. Of the action of dower 412 Chapter 206. Of the partition of real estate 413 Chapter 207. Of trespasses and waste 416 Chapter 208. Of foreign attachment or the trustee process. . .417 Chapter 209. Of the action against tenants 424 Chapter 210. Of references of disputes by consent and con- fession of debt before a justice of the peace . . 426 TITLE XXV. OF FINES, FORFEITURES, COSTS AND RECOGNIZANCES. Chapter 211. Of fines, penalties, costs and recognizances. . . . 429 Chapter 212. Of forfeitures of personal property 431 TITLE XXVL OF CRIMES AND PUNISHMENTS. Chapter 213. Of offences against the State 432 Chapter 214. Of offences against the life or person 433 Chapter 215. Of offences against property 435 Chapter 216. Of forgery and counterfeiting 438 ANALYSIS OF THE STATUTES. XV -Chapter 217. Of offences against public justice 440 Chapter 218. Of offences against the public peace 443 Chapter 219. Of offences against chastity, decency and mo- rality 444 Chapter 220. Of offences against public policy 446 Chapter 221. General provisions concerning crimes 447 TITLE XXVII. OF PROCEEDINGS IN CRIMINAL CASES. Chapter 222. Of criminal jurisdiction of justices of the peace . 448 Chapter 223. Of fugitives from justice 451 Chapter 224, Of coroners' inquests 453 Chapter 225. Of proceedings in criminal cases 457 TITLE XXVIII. OF IMPRISONMENT. Chapter 226. Of jails and houses of correction 461 Chapter 227. Of the state prison 463 TITLE XXIX. OF SALARIES AND FEES. Chapter 228. Of salaries and compensation of certain officers. 467 Chapter 229. Of fees and costs in certain cases 470 TITLE XXX. Chapter 230. Of acts repealed 475 Index 499 CONSTITUTION OF THE UNITED STATES. ARTICLE I. Section 1. Legislative powers, in whom vested. 8. House of Representatives, how and by whom chosen. — Qualifications of a representative. — Representatives and direct taxes, how apportioned. — Cen- sus.— Vacancies to be filled. — Power of choosing officers, and of impeach- ment. 3. Senators, how and by whom chosen. — How classified. — State executive to make temporary appointments, in case, &c. — Qualification.s of a senator. — President of the Senate, his right to vote. — President pro tem. and other officers of senate, how chosen. — Power to try impeachments. — When president is tried, chief justice to preside. — Sen- tence. 4. Times, &c.,of holding elections, how prescribed. — One session in each year. 5. Membership. Quorum. Adjourn- ments.— Rules. — Power to punish or expel. — Journal. — Time of adjourn- ments limited, unless, &c. 6. Compensation. — Privileges. — Disqua- lification in certain cases. 7. House to originate all revenue bills. — Veto. — Bill may be passed by two thirds of each house, notwithstanding, &c. — Bill not returned in ten days. — Provision as to all orders, &c. except, &c. 1 8. Powers of congress. 9. Provision as to migration or importa- tion of certain persons. — Habeas cor- pus.— Bills of attainder, &c. — Taxes, how apportioned. — No export duty. — No commercial preferences. — No mo- ney drawn from treasury, unless, &c. — No titular nobility. — Officers not to receive presents, unless, &c. 10. States prohibited from the exercise of certain powers. ARTICLE n. Section 1. — President, his term of office. — Elect- ors of president, number, and how ap- pointed.— Electors to vote on same day. Qualification of president. On whom his duties devolve in case of his removal, death, &c. — President's com- pensation.— His oath. 2. President to be commander-in-chief. — He may require opinion of, &c. and may pardon. — Treaty-making power. — Nomination of certain officers.^ When president may fill vacancies. 3. President shall communicate to Con- gress.— He may convene and adjourn congress, in case, &c. ; shall receive ambassadors ; execute laws, and com- mission officers. 4. All civil offices forfeited for certain crimes. CONSTITUTION OF THE UNITED STATES. ARTICLE III. Section 1. Judicial power. — Tenure. — Compen- sation. 2. Judicial power, to what cases it ex- tends.— Original jurisdiction of su- preme court. — Appellate. — Trial by jury, except, &c. — Trial, where. 3. Treason defined. — Proof of. — Punish- ment of. ARTICLE IV. Section 1. Each state to give credit to the public acts, &c. of every other. 2. Privileges of citizens of each state. — Fugitives from justice to be delivered up. — Persons held to service, having escaped, to be delivered up. 3. Admission of new states. — Power of congress over territory and otner pro- perty. 4. Republican form of government gua- rantied.— Each state to be protected. ARTICLE V. Constitution, how amended. — Proviso. ARTICLE VI. Certain debts, &c. adopted. — Suprema- cy of constitution, treaties and laws of the United States. — Oath to support constitution, by whom taken. — No re- ligious test. ARTICLE VII. What ratification shall establish consti- tution. AMENDMENTS. Article 1. Religious establishment prohibited. — Freedom of speech, of the press, and right to petition. 2. Right to keep and bear arms. 3. No soldier to be quartered in any house, unless, &c. 4. Right of search and seizure regulated. 5. Provisions concerning prosecution, trial and punishment. — Private proper- ty not to be taken for public use, with- out, &c. 6. Further provision respecting criminal prosecutions. 7. Right of trial by jury secured. 8. Excessive bail or fines and cruel pun- ishments prohibited. 9. Rule of construction. 10. Same subject. 11. Same subject. 12. Manner of choosing president and vice-president. WE, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. ARTICLE I. Section 1. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Sec. 2. The House of Representatives shall be composed of mem- bers chosen every second year by the people of the several states ; and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature. No person shall be a representative who shall not have attained CONSTITUTION OF THE UNITED STATES. 3 the age of twenty-five years and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen. Representatives and direct taxes shall be apportioned among the several states which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to ser- vice for a term of years, and excluding Indians not taxed, three fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of repre- sentatives shall not exceed one for every thirty thousand, but each state shall have at least one representative : and until such enume- ration shall be made, the state of New Hampshire shall be entitled to choose three ; Massachusetts, eight ; Rhode Island and Provi- dence Plantations, one ; Connecticut, five ; New York, six ; New Jersey, four ; Pennsylvania, eight ; Delaware, one ; Maryland, six ; Virginia, ten ; North Carolina, five ; South Carolina, five ; and Georgia, three. When vacancies happen in the representation from any state, the executive authority thereof shall issue writs of election to fill such vacancies. The House of Representatives shall choose their speaker and other officers, and shall have the sole power of imjDeachment. Sec. 3. The Senate of the United States shall be composed of two senators from each state, chosen by the legislature thereof, for six years ; and each senator shall have one vote. Immediately after they shall be assembled in consequence of the first election, they shall be divided, as equally as may be, into three classes. The seats of the senators of the first class shall Be vacated at the expiration of the second year, of the second class at the ex- piration of the fourth year, and of the third class at the expiration of the sixth year, so that one third may be chosen every second year ; and if vacancies happen by resignation or otherwise, during the re- cess of the legislature of any state, the executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies. No person shall be a senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen. The vice-president of the United States shall be president of the Senate, but shall have no vote, unless they be equally divided. The Senate shall choose their other officers, and also a president pro tempore, in the absence of the vice-president, or when he shall exercise the office of president of the United States. 4 CONSTITUTION OF THE UNITED STATES. The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the president of the United States is tried, the chief justice shall preside ; and no person shall be convicted without the concm- rence of two thirds of the members present. Judgment in cases of impeachment shall not extend farther than to removal from office and disqualification to hold and enjoy any office of honor, trust or profit under the United States ; but the party convicted shall nevertheless be liable and subject to indict- ment, trial, judgment and punishment, according to law. Sec. 4. The times, places and manner of holding elections for senators and representatives, shall be prescribed in each state by the legislature thereof ; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing sena- tors. The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day. Sec 5. Each house shall be the judge of the elections, retiu'ns and qualifications of its OAvn members, and a majority of each shall constitute a quorum to do business ; but a smaller number may ad- journ from day to day, and may be authorized to compel the attend- ance of absent members, in such manner, and under such penalties as each house may provide. Each house may determine the rules of its proceedings, pun- ish its members for disorderly behavior, and with the concurrence of two thirds expel a member. Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judg- ment require secrecy ; and the yeas and nays of the members of either house on any question shall, at the desire of one fifth of those present, be entered on the journal. Neither house, during the session of Congress, shall without the consent of the other, adjourn for more than three days nor to any other place than that in which the tAvo houses shall be sitting. Sec. 6. The senators and representatives sliall receive a com- pensation for their services, to be ascertained by law and paid out of the treasury of the United States. They shall in all cases, ex- cept treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same ; and for any speech or debate in either house, they shall not be questioned in any other place. No senator or representative shall, during the time for which he was elected, be appointed to any civil office under the authority of CONSTITUTION OF THE UNITED STATES. 5 the United States, which shall have been created, or the emoluments whereof shall have been increased during such time ; and no per- son holding any office under the United States, shall be a member of either house during his continuance in office. Sec. 7. All bills for raising revenue shall originate in the House of Representatives ; but the Senate may propose or concur with amendments as on other bills. Every bill v/hich shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the president of the United States ; if he approve, he shall sign it, but if not, he shall return it with his objections, to that house in which it shall have originated, who shall enter the objections at large on their jom'ual, and proceed to reconsider it. If after such reconsid- eration, two thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two thirds of that house, it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill, shall be entered on the jom-nal of each house respectively. If any bill shall not be re- turned by the president Avithin ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjourn- ment, prevent its return, in which case it shall not be a law. Every order, resolution or vote, to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment) shall be presented to the president of the United States ; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the rules and Imiitations prescribed in the case of a bill. Sec 8. The Congress shall have power : — To lay and collect taxes, duties, imposts and excises ; to pay the debts and provide for tlie common defence and general welfare of the United States ; but all duties, imposts and excises shall be uniform throughout the Uni- ted States : — To borrow money on the credit of the United States : — To regulate commerce with foreign nations and among the seve- ral states, and with the Indian tribes : — To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies, throughout the United States : — To coin money, regulate the value thereof &,nd of foreign coin, and fix the standard of weights and measures : — To provide for the punishment of counterfeiting the securities and cm-rent coin of the United States : — To establish post- offices and post roads : — To promote the progress of science and use- ful arts, by securing for limited times to authors and inventors, the exclusive right to their respective writings and discoveries : — To 6 CONSTITUTION OF THE UNITf:D STATES. constitute tribunals inferior to the supreme coiut : — To define and punish piracies and felonies committed on the high seas, and offences against the law of nations : — To declare war, grant letters of marque and reprisal, and make rules concerning captures on land or wa- ter : — To raise and support armies ; but no appropriation of money to that use shall be for a longer term than two years : — To provide and maintain a navy : — To make rules for the government and regulation of the land and naval forces : — To provide for calling forth the militia to execute the laws of the Union, suppress insm-- rections and repel invasions : — To provide for organizing, arming and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers and the authority of training the militia, according to the discipline pre- scribed by Congress : — To exercise exclusive legislation, in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular states and the acceptance of Congress, become the seat of the government of the United States, and to exer- cise like authority over all places purchased by the consent of the legislatm'e of the state in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards and other needful build- ings : — And to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other pow- ers vested by this constitution in the government of the United States, or in any department or office thereof Sec. 9. The migration or importation of such persons as any of the states now existing, shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight ; but a tax or duty may be imposed on such im- portation, not exceeding ten dollars for each person. The privilege of the writ of habeas corpus shall not be suspend- ed, unless when, in cases of rebellion or invasion, the public safety may require it. No bill of attainder, or ex post facto law, shall be passed. No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken. No tax or duty shall be laid on articles exported from any state. No preference shall be given by any regulation of commerce or revenue, to the ports of one state over those of another ; nor shall vessels bound to or from one state be obliged to enter, clear or pay duties in another. No money shall be drawn from the treasury, but in consequence of appropriations made by law ; and a regular statement and ac- count of the receipts and expenditures of all public money shall be published from time to time. No title of nobility shall be granted by the United States ; and no person holding any office of profit or trust under them, shall, CONSTITUTION OF THK UNITED STATES. 7 without the consent of the Congress, accept of any present, emohi- mcnt, office or title of any kind whatever, from any king, prince or foreign state. Sec. 10. No state shaH enter into any treaty, aUiance, or con- federation ; grant letters of marqne and reprisal ; coin money ; emit bills of credit ; make any thing but gold and silver coin a ten- der in payment of debts ; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts ; or grant any title of nobility. No state shall, without the consent of the Congress, lay any im- posts or duties on imports or exports, except what may be absolute- ly necessary for executing its inspection laws ; and the net produce of all duties and imposts laid by any state on imports or exports, shall be for the use of the treasury of the United States ; and all such laws shall be subject to the revision and control of the Congress. No state shall, without the consent of Congress, lay any duty on tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another state or with a foreign power, or engage in war-, unless actually invaded or in such immi- nent danger as will not admit of delay. ARTICLE II. Section 1. The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years ; and together with the vice-president chosen for the same term, be elected as follows : Each state shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the whole number of senators and representatives to which the state may be entitled in the Congress ; but no senator or representative, or person holding an office of trust or profit under the United States, shall be appointed an elector. [The electors shall meet in their respective states, and vote by ballot for two persons of whom one, at least, shall not be an inhabi- tant of the same state with themselves. And they shall make a list of all the persons voted for, and the number of votes for each ; Avhich list they shall sign and certify, and transmit, sealed, to the seat of the government of the United States, directed to the presi- dent of the Senate. The president of the Senate shall, in the pre- sence of the Senate and House of Representatives, open all the cer- tificates, and the votes shall then be counted. The person having the greatest number of votes shall be the president, if such number be a majority of the whole number of electors appointed ; and if there be more than one who have such majority, and have an equal mimber of votes, then the House of Representatives shall imme- diately choose by ballot one of them for president ; and if no per- 8 CONSTITUTION OF TIIi: UNITED STATES, son have a majority, then from the five highest on the list, the said house shall in like manner clioose the president. But in choosing the president, the votes shall be taken by states, the representation from each state having one vote ; a quorum for this purpose shall consist of a member or members from two thirds of the states, and a majority of all the states shall be necessaiy to a choice. In every case, after the choice of the president, the person having the greatest number of votes of the electors, shall be the vice-president. But if there should remain two or more who have equal votes, the Senate shall choose from them, by ballot, the vice-president.*] The Congress may determine the time of choosing the electors, and the day on which they shall give their votes ; which day shall be the same throughout the United States. No person, except a natural born citizen, or a citizen of the Uni- ted States at the time of the adoption of this constitution, shall be eligible to the office of president ; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States. In case of the removal of the president from office, or of his death, resignation or inability to discharge the powers and duties of the said office, the same shall devolve on the vice-president ; and the Congress may by law provide for the case of removal, death, resignation or inability, both of the president and vice-presi- dent, declaring what officer shall then act as president ; and such officer shall act accordingly, until the disability be removed or a president shall be elected. The president shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished dur- ing the period for which he shall have been elected ; and he shall not receive, within that period, any other emolument from the Uni- ted States or any of them. Before he enter on the execution of his office, he shall take the following oath or affirmation : — " I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will, to the best of my ability, preserve, protect and defend the constitution of the United States." Sec. 2. The president shall be commander-in-chief of the army and navy of the United States, and of the militia of the several states when called into the actual service of the United States : he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices ; and he shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment. He shall have power, by and with the advice and consent of the * See amendments, Art XII. CONSTITUTION OF THE UNITED STATES. 9 Senate, to make treaties, provided two thirds of the senators pre- sent concur ; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors other public ministers and consuls, judges of the supreme court and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law. But the Congress may, by law, vest the appointment of such inferior officers as they think proper, in the president alone, in the courts of law, or in the heads of departments. The president shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session. Sec 3. He shall, from time to time, give to the Congress in- formation of the state of the Union, and recommend to then* con- sideration such measures as he shall judge necessary and expedient ; he may, on extraordinary occasions, convene both houses or either of them, and in case of disagreement between them with respect to the time of adjournment, he may adjourn them to such time as he shall think proper ; he shall receive ambassadors and other public ministers ; he shall take care that the laws be faithfully executed ; and shall commission all the officers of the United States. Sec. 4. The president, vice-president and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery or other high crimes and misdemeanors. ARTICLE III. Section 1. The judicial power of the United States shall be vested in one supreme court, and in such inferior courts as the Congress may from time to time, ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices dur- ing good behavior, and shall, at stated times, receive for then ser- vices a compensation which shall not be diminished during their continuance in office. Sec. 2. The judicial power shall extend to all cases in law and equity arising under this constitution, the laws of the United States, and the treaties made, or which shall be made, under their authority ; to all cases affecting ambassadors, other public ministers and consuls ; to all cases of admiralty and maritime jurisdiction ; to controversies to which the United States shall be a party ; to controversies between two or more states, [between a state and citizens of another state,*] between citizens of different states; between citizens of the same state claiming lands under grants erf * See amendments, Art. XI. 10 CONSTITUTION OF THE UNITED STATES. different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects. In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party, the supreme court shall hav^e original jurisdiction. In all the other cases before mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regula- tions as the Congress shall make. The trial of all crimes, except in cases of impeachment, shall be by jury ; and such trial shall be held in the state where the said crimes shall have been committed ; but when not committed with- in any state, the trial shall be at such place or places as tlie Con- gress may by law have directed. Sec. 3. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court. The Congress shall have power to declare the punisliment of treason ; but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted. ARTICLE IV. Section 1. Full faith and credit shall be given in each state to the public acts, records and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records and proceedings shall be proved, and the effect thereof. Sec 2. The citizens of each state shall be entitled to all privi- leges and immunities of citizens in the several states. A person charged in any state with treason, felony or other crime, who shall flee from justice and be found in another state, shall, on demand of the executive authority of the state from which he fled, be delivered up to be removed to the state having jurisdiction of the crime. No person held to service or labor in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due. Sec 3. New states may be admitted by the Congress into this Union ; but no new state shall be formed or erected within the ju- risdiction of any other state ; nor any state be formed by the junc- tion of two or more states, or parts of states, without the consent CONSTITUTION OF THE UNITED STATES. H of the legislature of the states concerned, as well as of the Con- gress. The Congress shall have power to dispose of and make all need- ful rules and regulations respecting the territory or other property belonging to the United States ; and nothing in this constitution shall be so construed as to prejudice any claims of the United States, or of any particular state. Sec. 4. The United States shall guarantee to every state in this Union a republican form of government, and shall protect each of them against invasion ; and on application of the legislatm'e, or of the executive, (when the legislature camiot be convened,) asainst domestic violence. ARTICLE V. The Congress, whenever two thhds of both houses shall deem it necessary, shall propose amendments to this constitution, or on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this con- stitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress ; provided, that no amendments which may be made prior to the year one thousand eight hundred and eight, shall in any manner affect the first and fourth clauses in the ninth section of the first article ; and that no state, without its consent, shall be deprived of its equal sufFraare in the Senate. ARTICLE VL All debts contracted, and engagements entered into, before the adoption of this constitution, shall be as valid against the United States under this constitution, as under the confederation. This constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made under the authority of the United States, shall be the su- preme law of the land ; and the judges in every state shall be bound thereby ; any thing in the constitution or laws of any state to the contrary notwithstanding. The senators and representatives before mentioned, and the members of the several state legislatm'es, and all executive and ju- dicial officers, both of the United States and of the several states, shall be bound by oath or affirmation to support this constitution ; but no religious test shall ever be required as a qualification to any office or public trust under the United States. 12 CONSTITUTION OF THE UNITED STATES. ARTICLE VII. The ratification of the conventions of nine states shaU be suffi- cient for the establishment of this constitution between the states so ratifying the same. ARTICLES, In addition to, and amendment of, the constitution of the United States, j'atijied by the legislatures of the several states, pursuant to the fifth article of the original constitution. I. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press, or the right of the people peace- ably to assemble and to petition the government for a redress of grievances. II. A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. III. No soldier shall, in time of peace, be quartered in any house, without the consent of the owner ; nor in time of war, but in a manner to be prescribed by law. IV. The right of the people to be secure in their persons, houses, papers and eftccts, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. V. No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia when in actual service, in time of war or public danger ; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb ; nor shall be compelled, in any cri- minal case, to be a witness against himself; nor be deprived of life, liberty or property, Avithout due process of law ; nor shall private property be taken for public use witliout just conipensation, VI. In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation ; to be con- fronted with the witnesses against him ; to have compulsory process CONSTITUTION OF THE UNITED STATES. 13 for obtaining witnesses in his favor, and to have the assistance of counsel in his defence. YII. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be pre- served, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law. VIII. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. IX. The enumeration in the constitution of certain rights, shall not be construed to deny or disparage others retained by the people. X. The powers not delegated to the United States by the con- stitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. XI. The judicial power of the United States shall not be con- strued to extend to any suit, in law or equity, commenced or pros- ecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state. XII. The electors shall meet in their respective states, and vote by ballot for president and vice-president, one of whom at least shall not be an inhabitant of the same state with themselves ; they shall name in their ballots the person voted for as president, and in distinct ballots the person voted for as vice-president : and they shall make distinct lists of all persons voted for as president, and of all persons voted for as vice-president, and of the number of votes for each, which lists they shall sign and certify, and transmit seal- ed to the seat of the government of the United States, directed to the president of the Senate ; the president of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted ; the person hav- ing the greatest number of votes for president shall be the presi- dent, if such number be a majority of the whole number of elect- ors appointed ; and if no person have such majority, then, from the persons having the highest numbers, not exceeding three, on the list of those voted for as president, the House of Representatives shall choose immediately, by ballot, the president ; but in choosing the president, the votes shall be taken by states, the representation from each state having one vote ; a quorum for this purpose shall consist of a member oi members from two thirds of the states, and a majority of all the states shall be necessary to a choice ; and if the Hous&- of Representatives shall not choose a president, when- ever the right of choice shall devolve upon thenij before the fourth 14 CONSTITUTION OF THE UNITED STATES. day of March next following, then the vice-president shall act as president; as in case of the death, or other constitutional disability of the president. The pei-son, having the greatest number of votes as vice-presi- dent, shall be the vice-president, if such number be a majority of the whole number of electors appointed, and if no person have a majority, then, from the two highest numbers on the list, the Sen- ate shall choose the vice-president ; a quorum for the purpose shall consist of two thirds of the whole number of senators, and a ma- jority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of president, shall be eligible to that of vice-president of the United States. CONSTITUTION OP NEW HAMPSHIRE. APPROVED BY THE PEOPLE, AND ESTABLISHED BY CONVENTION, FIFTH OF SEPTEMBER,* 1792. PART FIRST. BILL OF RIGHTS. ARTictE 1. All men born free ; all gov- ernment originates from the people. Art. 2. Natural rights of men. Aet. 3. Natural rights when surrendered. Art. 4. Some rights unalienable, as those of conscience. Art. 5. Religious freedom recognized. Art. 6. The support of the ministry. Art. 7. Sovereignty of the state. Art. 8. All ofBcers are servants of the people. Art. 9. No office to be hereditary. Art. 10. Government for the benefit and under the control of the people. Art. 11. Freedom of elections. Art. 12. Rights and duties of citizens. — Property taken for public uses. — Laws when binding. Art. 13. Exemption from bearing arms. Art. 14. Every person ought to find a certain and speedy remedy at law. Art. 15. Rights of persons prosecuted for crime. Art. 16. No person to be tried after ac- quittal for the same oflience, nor for a capital offence except by a jury. Art. 17. Trial to be in the county where offence committed. Art. 18. Penalties to be proportioned to offences. Art. 19. Regulation of search and seizure. Art. 20. Trial by jury regulated. Art. 21. Jurors to be carefully selected and fully paid. Art. 22. The liberty of the press. Art. 23. Retrospective laws prohibited. Art. 24. Importance of the militia. Art. 25. Standing armies dangerous. Art. 26. The military subject to the civil power. Art. 27. Soldiers how quartered. Art. 28. All taxes to be levied by the peo- ple. Art. 29. Laws suspended by the legisla- ture only. Art. 30. Freedom of speech and debate. Art. 31. Object of the assembly of the legislature. Art. 32. Right of the people to assemble. Art'. 33. Excessive bail and fines and cruel punishments forbidden. * The former constitution having been approved by the people, was established by convention, 31st October, 1783, and took effect on the first Wednesday of June, 1784. 16 CONSTITUTION OF NEW HAMPSHIRE. Art. 34. Martial law when exercised. Art. 35. The judiciary system. Art. 36. Economy enjoined. Art. 37. The executive, legislative and judicial powers to be kept separate. Art. 3B. Recurrence to fundamental prin- ciples. PART SECOND. FORM OF GOVERNMENT. 1. Declaration of sovereignty. GENERAL COURT. 2. Legislative power, how vested. 3. Meeting of the legislature. 4. Power to constitute courts. 5. Power to establish laws. 6. Valuation when and how taken. 7. No member to be of counsel. 8. Doors of galleries to be open. HOUSE OF REPRESENTATIVES, 9. Representation to be equal. 10. Towns may be classed. 11. Special authority may be given. 12. Election to be held in March. 13. Qualification of voters. 14. Qualifications of representatives. 15. Members to be paid. 16. Vacancies, how filled. 17. Power of impeachment. IS. Money bills to originate in house. 19. Power to adjourn. 20. What is a quorum. 21. Exemption from arrest. 22. House to be judge of its own pro- ceedings. 23. Imprisonment for contempt. 24. Journals and laws to be published. — Yeas and nays and protest entered on journal. SENATE. 25. Senate, how constituted. 26. Senatorial districts made. 27. Election to be held in March. 28. Mode of election. 29. Qualifications of senators. 30. Who is an inhabitant. 31. Rights of inhabitants of places. 32. Mode of conducting elections. 33. Votes how examined, and senators no- tified. 34. Vacancies how filled. 35. Senate to be judges of their own re- turns. 36. Power to adjourn. 37. Mode of proceeding and quorum. 38. To be a court to try impeachments. 39. Power of punishment. 40. When the governor is impeached EXECUTIVE POWER. GOVERNOR. 41. Title of the governor. 42. Governor, how chosen. 43. Governor may adjourn legislature, or alter place of session. 44. Laws to be approved by him. 45. Picsolves to be approved by him. 46. OSicers to be appointed by the execu- tive. 47. Appointments^ how made. 48. Captains, &c. how commissioned. 49. Vacancy in office, how supplied. 50. Governor may prorogue the legisla- ture. 51. Governor to be commander-in-chief. 52. Power of pardon. 53. Removal of officers on address. 54. Military officers, how appointed. 55. Division of the militia regulated. 56. Money, how drawn from the treasury. 57. Account of public property rendered. 58. Compensation of governor and council. 59. Judures to have permanent salaries. COUNCIL. 60. Five counsellors to be elected. 61. Election, how determined. 62. Vacancy, how filled. 63. Members may be impeached. 64. Records of proceedings kept. 65. Council districts regulated. 66. Elections, when completed SECRETARY, TREASURER, COMMISSA- RY GENERAL, &C. 67. Officers, how chosen. 68. Duty of secretary. CONSTITUTION OF NEW HAMPSHIRE. 17 69. Secretary to have deputy. 70. Secretary to give bond COUNTY TREASURER, «fcC. 71. To be elected by the people. 72. Counties may be divided. JUDICIARY POWER. 73. Tenure of office. 74. Opinion of S. J. C. may be required. 75. Judge may be removed. 76. Jurisdiction of divorce, probate ap- peals, &c. 77. Jurisdiction of justices of the peace. 78. Term of office ceases at 70. 79. Judge not to be of counsel. 80. Probate jurisdiction. 81. Judge nor register to be of counsel. CLERKS OF COURTS. 82. Appointment and duties of clerks. ENCOURAGEMENT OF LEARNING, &C. 83. Encouragement of learning. OATHS, WRITS, AND GENERAL PRO- VISIONS, 84. Oaths of office, form, &c. 85. Oaths, by whom administered. 86. Form of commissions. 87. Form and requisites of writs. 88. Conclusion of indictments. 89. No deodand or forfeiture allowed. 90. Common law in force. 91. Privilege of habeas corpus. 92. Enacting style declared. 93. Governor or judge to hold no other office. 94. Offices which are incompatible. 95. Officers which are incompatible. 96. Bribery excludes from office. 97. Computation of money. 98. When constitution to take effect. 99. Revision of the constitution. 100. Sense of the people to be taken every 7 years. 101. Constitution to be enrolled, and pub- lished with each edition of the lawsj PART FIRST BILL OF RIGHTS. Article 1. All men are born equally free and independent ,' therefore, all government of right originates from the people, is founded in consent and instituted for the general good. 2. All men have certain natural, essential and inherent rights ; among which are, the enjoying and defending life and liberty — acquiring, possessing and protecting property — and in a word, of seeking and obtaining happiness* 3. When men enter into a state of society, they surrender up some of their natm-al rights to that society, in order to ensure the protection of others ; and without such an equivalent the surrender is void. 4. Among the natural rights, some are in their very nature un- alienable, because no equivalent can be given or received for them. Of this kind are the Rights of Conscience. 5. Every individual has a natural and unalienable right to wor- ship God according to the dictates of his own conscience and rea- 3 18 CONSTITUTION OF NEW HAMPSHIRE. son ; and no subject shall be hurt, molested or restrained in his person, liberty or estate, for worshipping God in the manner and season most agreeable to the dictates of his own conscience, or for his religious profession, sentiments or persuasion ; provided he doth not disturb the public peace or disturb others in their religious worship. 6. As morality and piety rightly groiuided on evangelical prin- ciples, will give the best and greatest security to government, and will lay in the hearts of men the strongest obligations to due sub- jection ; and as the knowledge of these is most likely to be propa- gated through a society by the institution of the public worship of the Deity, and of public instruction in morality and religion ; there- fore, to promote those important purposes, the people of this state have a right to empower, and do hereby fully empower the legisla- ture to authorize from time to time the several towns, parishes, bo- dies corporate, or religious societies within this state, to make ade- quate provision, at their ov/n expense, for the support and mainte- nance of public protestant teachers of piety, religion and morality : Provided notwithstanding, That the several towns, parishes, bo- dies corporate, or religious societies, shall at all times have the ex- clusive right of electing their own public teachers, and of con- tracting with them for their support and mainteuance. And no person of any one particular religious sect or denomination, shall ever be compelled to pay towards the support of the teacher or teachers of another persuasion, sect or denomination. And every denomination of Christians demeaning themselves quietly, and as good subjects of the state, shall be equally under the protection of the law ; and no subordination of any one sect or denomination to another shall ever be established by law. And nothing herein shall be understood to affect any former con- tracts made for the support of the ministry ; but all such contracts shall remain, and be in the same state as if this constitution had not been made. 7. The people of this state have the sole and exclusive right of governing themselves as a free, sovereign and independent state, and do, and forever hereafter shall exercise and enjoy every power, jurisdiction and right pertaining thereto, which is not or may not hereafter be by them expressly delegated to the United States of America in Congress assembled. 8. All power residing originally in, and being derived from the people, all the magistrates and oificers of government are their sub- stitutes and agents, and at all times accoimtable to them. 9. No office or place whatsoever in government shall be hered- itary— the abilities and integrity requisite in all not being transmis- sible to posterity or relations. CONSTITUTION OF NEW HAMPSHIRE. 19 10. Government being instituted for the common benefit, pro- tection and security of the whole community, and not for the pri- vate interest or emokiment of any one man, family or class of men ; therefore whenever the ends of government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the people may and of right ought to reform the old or establish a new government. The doctrine of non- resistance against arbitrary power and oppression, is absurd, slavish and destructive of the good and happiness of mankind. 11. All elections ought to be free, and every inhabitant of the state having the proper qualifications, has equal right to elect and be elected into office. 12. Every member of the community has a right to be protect- ed by it in the enjoyment of his life, liberty and property ; he is therefore bound to contribute his share in the expense of such pro- tection, and to yield his personal service when necessary, or an equivalent. But no part of a man's property sliall be taken from him, or applied to public uses, without his own consent, or that of the representative body of the people. Nor are the inhabitants of this state controllable by any other laws than those to which they, or their representative body, have given their consent. 13. No person who is conscientiously scrupulous about the lawfulness of bearing arms, shall be compelled thereto, provided he will pay an equivalent. 14. Every subject of this state is entitled to a certain remedy, by having recourse to the laws, for all injuries he may receive in his person, property or character, to obtain right and justice free- ly, without being obliged to pm'chase it ; completely, and without any denial ; promptly, and without any delay ; conformably to the laws. 15. No subject .shall be held to answer for any crime or offence, until the same is fully and plainly, substantially and formally descri- bed to him ; or be compelled to accuse or furnish evidence against himself. And every subject shall have a right to produce all proofs that maybe favorable to himself: to meet the witnesses against him face to face, and to be fully heard in his defence by himself and counsel. And no subject shall be arrested, imprisoned, despoiled, or deprived of his property, immunities or privileges, put out of the protection of the law, exiled or deprived of his life, liberty or estate, but by the judgment of his peers or the law of the land. 16. No subject shall be liable to be tried, after an acquittal, for the same crime or offence. Nor shall the legislature make any law 20 CONSTlTUTlOiV OF NEW HAMPSHIRE. that shall subject any person to a capital punishment, (excepting for the government of the army and navy, and the militia in actual service,) without trial by jury. 17. In criminal prosecutions, the trial of facts in the vicinity Avhere they happen, is so essential to the security of the life, liber- ty and estate of the citizen, that no crime or offence ought to be tried in any other county than that in which it is committed ; ex- cept in cases of general insurrection in any particular county, when it shall appear to the judges of the superior court that an impartial trial cannot be had in the county where the ofience may be com- mitted, and upon their report, the legislature shall think proper to direct the trial in the nearest county in which an impartial trial can be obtained. 18. All penalties ought to be proportioned to the nature of the offence. No wise legislature will affix the same punishment to the crimes of theft, forgery and the like, which they do to those of murder and treason ; Avhere the same undistinguishing severity is exerted against all offences, the people are led to forget the real dis- tinction in the crimes themselves, and to commit the most flagrant with as little compunction as they do the lightest offences : for the same reason a multitude of sanguinary laws is both impolitic and unjust. The true design of all punishments being to reform, not to exterminate mankind. 19. Every subject hath a right to be secure from all unreasona- ble searches and seizures of his person, his houses, his papers and all his possessions. Therefore, all warrants to search suspected places, or arrest a person for examination or trial, in prosecutions for criminal matters, are contrary to this right, if the cause or founda- tion of them be not previously supported by oath or affirmation ; and if the order in a warrant to a civil officer, to make search in suspected places, or to arrest one or more suspected persons, or to seize their property, be not accompanied with a special designation of the persons or objects of search, arrest or seizure ; and no war- rant ought to be issued but in cases, and Avith the formalities pre- scribed by law. 20. In all controversies concerning property, and in all suits be- tween two or more persons, except in cases in Mdiich it has been heretofore otherwise used and practiced, the parties have a right to a trial by jury; and this method of procedure shall be held sacred, unless in cases arising on the high seas, and such as relates to mar- iners' wages, the legislature shall think it necessary hereafter to alter it. 21. Tn order to reap the fullest advantage of the inestimable privilege of the trial by jury, great care ought to be taken that COrsSTlTUTION OF NEW HAMPSHIRE, 21 M! ne but qualified persons should be appointed to serve ; and such ought to [be] fully compensated for their travel, time and attendance. 22. The LIBERTY OF THE PRESS is csseutial to the security of freedom in a state ; it ought, therefore, to be inviolably preserved. 23. Retrospective laws are highly injurious, oppressive and un- just. No such laws, therefore, should be made, either for the decis- ion of civil causes or the punishment of offences. 24. A well regulated militia is the proper, natural and sure de- fence of a state. 25. Standing armies are dangerous to liberty, and ought not to be raised or kept up without the consent of the legislatm'e. 26. In all cases, and at all times, the military ought to be im- der strict subordination to, and governed by the civil power. 27. No soldier in time of peace shall be quartered in any house without the consent of the owner ; and in time of war, such quar- ters ought not to be made but by the civil magistrate, in a manner ordained by the legislature. 28. No subsidy, charge, tax, impost or duty shall be establish- ed, fixed, laid or levied, under any pretext whatsoever, without the consent of the people, or their representatives in the legislature, or authority derived from that body. 29. The power of suspending the laws, or the execution of them, ought never to be exercised but by the legislature, or by au- thority derived therefrom, to be exercised in such particular cases only as the legislatin-e shall expressly provide for. 30. The freedom of deliberation, speech and debate, in either house of the legislature, is so essential to the rights of the people, that it cannot be the foundation of any action, complaint or prose- cution in any other court or place whatsoever. 31. The legislature shall assemble for the redress of public grievances, and for making such laws as the public good may re- quire. 82. The people have a right, in an orderly and peaceable man- ner, to assemble and consult upon the common good, give in- structions to their representatives, and to request of the legislative body, by way of petition or remonstrance, redress of the wrongs done them, and of tlie grievances they sutler. 22 CONSTITUTION OF NEW HAMPSHIRE. 33. No magistrate or court of law shall demand excessive bail or sm-eties, impose excessive fines, or inflict cruel or unusual pun- ishments. 34. No person can in any case be subjected to law martial, or to any pains or penalties by virtue of that law, except those employed in the army or navy, and except the militia in actual ser- vice, but by authority of the legislature. 35. It is essential to the preservation of the rights of every in- dividual, his life, liberty, property and character, that there be an impartial interpretation of the laws, and administration of justice. It is the right of every citizen to be tried by judges as impartial as the lot of humanity will admit. It is therefore not only the best policy, but for the security of the rights of the people, that the judges of the supreme judicial court should hold their offices so long as they behave well ; subject, however, to such limitations on ac- count of age, as may be provided by the constitution of the state ; and that they should have honorable salaries, ascertained and esta- blished by standing laws. 36. Economy being a most essential virtue in all states, especi- ally in a young one, no pension shall be granted but in considera- tion of actual services, and such pensions ought to be granted with great caution by the legislature, and never for more than one year at a time. 37. In the government of this state, the three essential powers thereof, to wit ; the legislative, executive and judicial ; ought to be kept as separate from and independent of each other, as the nature of a free government will admit, or as is consistent with that chain of connection that binds the whole fabric of the constitution in one indissoluble bond of union and amity. 38. A frequent recurrence to the fundamental principles of the constitution, and a constant adherence to justice, moderation, tem- perance, industry, frugality and all the social virtues, are indispensa- bly necessary to preserve the blessings of liberty and good govern- ment ; the people ought, therefore, to have a particular regard to all those principles in the choice of their officers and representatives : And they have a right to require of their lawgivers and magis- trates, an exact and constant observance of them in the formation and execution of the laws necessary for the good administration of government. CONSTITUTION OF NEW HAMPSHIRE. 23 PART SECOND. FORM OF GOVERNMENT. 1. The people inhabiting the territory formerly called the Prov- ince of New Hampshire, do hereby solemnly and mntnally agree with each other to form themselves into a free, sovereign and in- dependent body politic, or state, by the name of the State of New Hampshire. GENERAL COURT. 2. The supreme legislative poAver within this state shall be vest- ed in the Senate and House of Representatives, each of which shall have a negative on the other. 3. The Senate and House shall assemble every year ori the first Wednesday of June, and at such other times as they may judge necessary ; and shall dissolve and be dissolved seven days next pre- ceding the said first Wednesday of June, and shall be styled the General Court of New Hampshire. 4. The general court shall forever have full power and authority to erect and constitute judicatories and courts of record, or other courts, to be hoi den in the name of the state, for the heai'ing, try- ing and determining all manner of crimes, offences, pleas, processes, plaints, actions, causes, matters and things whatsoever arising or happening within this state, or between or concerning persons in- habiting or residing or brought within the same, whether the same be criminal or civil, or whether the crimes be capital or not capital, and whether the said pleas be real, personal or mixed ; and for the awarding and issuing execution thereon. To which courts and ju- dicatories are hereby given and granted full power and authority, from time to time, to administer oaths or afiirmations, for the better discovery of truth in any matter in controversy, or depending be- fore them. 5. And farther, full power and authority are hereby given and granted to the said general court, from time to time, to make, ordain and establish all manner of wholesome and reasonable orders, laws, statutes, ordinances, directions and instructions, either with penalties or without ; so as the same be not repugnant or contrary to this constitution ; as they may judge for the benefit and Avelfare of this state, and for the governing and ordering thereof, and of the sub- jects of the same, for the necessary support and defence of the gov- ernment thereof ; and to name and settle annually, or provide by 24 COiNSTITUTION OF NEW HAMPSHIRE. fixed laws, for Ihc naming and settling all civil officers within this state ; siicli officers excepted, the election and appointment of whom are hereafter in this form of government otherwise provided for ; and to set fortli the several duties, powers and limits of the several civil and military olficers of this state, and the forms of such oaths or affirmations, as shall be respectively administered unto them for the execution of their several offices and places, so as the same be not repugnant or contrary to this constitution ; and also to impose fines, mulcts, imprisonments and other punishments ; and to impose and levy pro2:>ortional and reasonable assessments, rates and taxes upon all the inhabitants of and residents within the said state, and upon all estates within the same ; to be issued and disposed of by warrant under the hand of the governor of this state for the time being, with the advice and consent of the council, for the public service, in the necessary defence and support of the government of this state, and the protection and preservation of the subjects there- of, according to such acts as arc, or shall be in force within the same. 6. And while the public charges of government or any part thereof, shall be assessed on polls and estates in the manner that has heretofore been practiced ; in order that such assessments may be made with equality, there shall be a valuation of the estates within the state taken anew once in every five years at least, and as much oftener as the general court shall order. 7. No member of the general court shall take fees, be of counsel, or act as advocate in any cause before either branch of the legisla- ture ; and upon due proof thereof, such member shall forfeit his seat in the legislature. 8. The doors of the galleries of each house of the legislature shall be kept open to all persons who behave decently, except Avhen the welfare of the state, in the opinion of either branch, shall re- quire secrecy. HOUSE OF REPRESENTATIVES. 9. There shall be in the legislatiu-e of this state, a representation of the people annually elected and founded upon principles of equality; and in order that such representation may be as equal as circumstances will admit, every town, parish or place entitled to town privileges, having one hundred and fifty ratable male polls of twenty-one years of age and upwards, may elect one representative ; if four hundred and fifty ratable polls, may elect two representatives ; and so proceeding in that proportion, making three hundi-ed such rata- ble polls the mean increasing number for every additional represen- tative. CONSTITUTION OF NEW HAMPSHIRE. 25 10. Such towns, parishes or places as have less than one hundred and fifty ratable polls, shall be classed by the general court for the purpose of choosing a representative, and seasonably notified there- of. And in every class formed for the above mentioned purpose, the first annual meeting shall be held in the town, parish or place wherein most of the ratable polls reside ; and afterwards in that which has the next highest number, and so on annually by rota- tion, through the several towns, parishes or places forming the dis trict. 11. Whenever any town, parish, or place entitled to town privi- leges as aforesaid, shall not have one hundred and fifty ratable polls, and be so situated as to render the classing thereof with any other town, parish or place very inconvenient, the general court may, upon application of a majority of the voters in such town, paiish or place, issue a writ for their electing and sending a representative to the general court. 12. The members of the House of Representatives shall be chosen annually in the month of March, and shall be the second branch of the legislature. 13. AH persons qualified to vote in the election of senators, shall be entitled to vote within the district where they dwell, in the choice of representatives. 14. Every member of the House of Representatives shall be cho- sen by ballot ; and for two years at least next preceding his election, shall have been an inhabitant of this state, shall have an estate within the district which he may be chosen to represent, of the value of one hundred pounds, one half of which to be a freehold, whereof he is seized in his own right ; shall be at the time of his election an inhabitant of the town, parish or place he may be cho- sen to represent ; shall be of the protestant religion, and shall cease to represent such town, parish or place immediately on his ceasing to be qualified as aforesaid. 15. The members of both houses of the legislature shall be com- pensated for their services out of the treasury of the state, by a law made for that purpose ; such members attending seasonably, and not departing without license. 16. All intermediate vacancies in the House of Representatives may be filled up from time to time, in the same manner as annual elections are made. 17. The House of Representatives shall be the grand inquest of the state, and all impeachments made by them, shall be heard and tried by the Senate. 4 26 CONSTITUTION OF NEW HAMPSHIRE. 18. All money bills shall originate in the House of Representa- tives, but the Senate may propose or concur with amendments as on other bills. 19. The House of Representatives shall have power to adjourn themselves, but no longer than two days at a time. 20. A majority of the members of the House of Representatives shall be a quorum for doing business : But when less than two thirds of the representatives elected shall be present, the assent of two thirds of those members shall be necessary to render their acts and proceedings valid. 21. No member of the House of Representatives or Senate, shall be arrested or held to bail on mesne process, dining his going to, returning from, or attendance upon the court. 22. The House of Representatives shall choose their own speak- er, appoint their own officers, and settle the rules of proceedings in their own house ; and shall be judge of the returns, elections and qualifications of its members, as pointed out in this constitution. They shall have authority to punish by imprisonment, every person who shall be guilty of disrespect to the house in its presence, by any disorderly and contemptuous behavior, or by threatening or ill treating any of its members ; or by obstructing its deliberations ; every person guilty of a breach of its privileges in making arrests for debt, or by assaulting any member during his attendance at any session ; in assaulting or disturbing any one of its ofiicers in the execution of any order or procedure of the house ; in assaulting any witness or other person, ordered to attend by and during his atten- dance of the house, or in rescuing any person arrested by order of the house, knowing them to be such. 23. The Senate, governor and council, shall have the same pow- ers in like cases ; provided that no imprisonment by either, for any offence, exceed ten days. 24. The journals of the proceedings, and all public acts of both houses of the legislature, shall be printed and published immediate- ly after every adjournment or prorogation ; and upon motion made by any one member, the yeas and nays upon any question shall be entered on the journal : and any member of the Senate or House of Representatives shall have a right, on motion made at the same time for that purpose, to have his protest or dissent, with the rea- sons, against any vote, resolve or bill passed, entered on the journal. SENATE. 25. The Senate shall consist of twelve members, who shall hold their office for one year from the first Wednesday of Jmie next en- suing their election. CONSTITUTION OF NEW HAMPSHIRE. 27 26. And that the state may be equally represented in the Senate, the legislature shall, from time to time, divide the state into twelve districts, as nearly equal as may be, without dividing towns and unincorporated places ; and in making this division they shall gov- ern themselves by the proportion of direct taxes paid by the said districts, and timely make known to the inhabitants of the state the limits of each district. 27. The freeholders and other inhabitants of each district, qua- lified as in this constitution is provided, shall annually give in their votes for a senator, at some meeting holden in the month of March. 28. The Senate shall be the first branch of the legislature : And the senators shall be chosen in the following manner, viz : every male inhabitant of each town and parish with town privileges, and places unincorporated, in this state, of twenty-one years of age and upwards, excepting paupers, and persons excused from paying taxes at their own request, shall have a right at the annual or other meetings of the inhabitants of said towns and parishes, to be duly warned and holden annually forever in the month of March, to vote in the town or parish wherein he dwells, for the senator in the district whereof he is a member : 29. Provided nevertheless, That no person shall be capable of being elected a senator, who is not of the protestant religion and seized of a freehold estate in his own rights of the value of two hundred pounds, lying within this state, who is not of the age of thirty years, and who shall not have been an inhabitant of this state for seven years immediately preceding his election, and at the time thereof he shall be an inhabitant of the district for which he shall be chosen. 30. And every person qualified as the constitution provides, shall be considered an inhabitant for the pm'pose of electing and being elected into any office or place Avithin this state, in the town, par- ish and plantation where he dwelleth and hath his home. 31. And the inhabitants of plantations and places unincorpora- ted, qualified as this constitution provides, who are or shall be re- quired to assess taxes upon themselves towards the support of gov- ernment, or shall be taxed therefor, shall have the same privilege of voting for senators in the plantations and places wherein they reside, as the inhabitants of the respective towns and parishes afore- said have. And the meetings of such plantations and places for that purpose, shall be holden annually in the month of March, at such places respectively therein, as the assessors thereof shall direct : Which assessors shall have like authority for notifying the electors, collecting and returning the votes, as the selectmen and town clerks have in their several towns by this constitution. 28 CONSTITUTION OF NEW HAMPSHIRE. 32. The meetings for the choice of governor, council and sen- ators, shall be warned by warrant from the selectmen, and govern- ed by a moderator, who shall, in the presence of the selectmen, (whose duty it shall be to attend) in open meeting, receive the votes of all the inhabitants of such towns and parishes present, and qua- lified to vote for senators ; and shall, in said meetings, in presence of the said selectmen, and of the town clerk in said meetings, sort and count the said votes, and make a public declaration thereof, with the name of every person voted for, and the number of votes for each person ; and the town clerk shall make a fair record of the same at large, in the town book, and shall make out a fair attested copy thereof, to be by him sealed up and directed to the secretary of the state, with a superscription expressing the jnuport thereof; and the said town clerk shall cause such attested copy to be deliv- ered to the sheriff of the county in which said toAvn or parish shall lie, thirty days at least before the first Wednesday .of June, or to the secretary of the state at least twenty days before the said first Wed- nesday of June : and the sheriff of each county, or his deputy, shall deliver all such certificates by him received, into the secreta- ry's office, at least twenty days before the first Wednesday of June, 33. And that there may be a due meeting of senators on the first Wednesday of June annually, the governor and a majority of the council for the time being shall, as soon as may be, examine the returned copies of such records ; and fourteen days before the first Wednesday of June, he shall issue his summons to such persons as appear to be chosen senators by a majority of votes, to attend and take their seats on that day: Provided tievertheless, That for the first year the said returned copies shall be examined by the presi- dent and a majority of the council then in office ; and the said president shall in like manner notify the persons elected, to attend and take their seats accordingly. 34. And in case there shall not appear to be a senator elected by a majority of votes for any district, the deficiency shall be supplied in the following manner, viz : the members of the House of Representatives, and such senators as shall be declared elected, shall take the names of the two persons having the highest number of votes in the district, and out of them shall elect by joint ballot, the senator wanted for such district : and in this manner all such va- cancies shall be filled up in every district of the state, and in like manner all vacancies in the Senate, arising by death, removal out of the state, or otherwise, shall be supplied as soon as may be after such vacancies happen. 35. The Senate shall be final judges of the elections, returns and qualifications of their own members as pointed out in this consti- tution. CONSTITUTION OF NEW HAMPSHIRE. 29 36. The Senate shall have power to adjourn themselves, provided such adjournment do not exceed two days at a time : Provided nevertheless, That whenever they shall sit on the trial of any impeachment, they may adjourn to such time and place as they may think proper, although the legislature be not assembled on such day, or at such place. 37. The Senate shall appoint their president and other officers, and determine their ov.ai rules of proceedings. And not less than seven members of tlie Senate shall make a quorum for doing business ; and Avhen less than eight senators shall be present, the assent of five, at least, shall be necessary to render their acts and proceedings valid. 38. The Senate shall be a court with full power and authority to hear, try and determine all impeachments made by the House of Representatives against any officer or officers of the state, for bribe- ry, corruption, mal-practice or mal-administration in office ; with full power to issue summons or compulsory process, for convening wit- nesses before them ; but previous to the trial of any such impeach- ment, the members of the Senate shall respectively be sworn truly and impartially to try and determine the charge in question accord- ing to evidence. And every officer impeached for bribery, corrup- tion, mal-practice or mal-administration in office, shall be served with an attested copy of the impeachment, and order of Senate thereon, with such citation as the Senate may direct, setting forth the time and place of their sitting to try the impeachment ; which service shall be made by the sheriff, or such other sworn officer as the Senate may appoint, at least fourteen days previous to the time of trial ; and such citation being duly served and returned, the Senate may proceed in the hearing of the impeachment, giving the person impeached, if he shall appear, full liberty of producing wit- nesses and proofs, and of making his defence, by himself and coun- sel, and may also, upon his refusing or neglecting to appear, hear the proofs in support of the impeachment, and render judgment thereon, his non-appearance notwithstanding ; and such judgment shall have the same force and effect as if the person impeached, had appeared and pleaded in the trial. 39. Their judgment, however, shall not extend further than re- moval from office, disqualification to hold or enjoy any place of honor, trust, or profit under this state ; but the party so convicted, shall nevertheless be liable to indictment, trial, judgment and pun- ishment, according to the laws of the land. 40. Whenever the governor shall be impeached, the chief justice of the supreme judicial court shall, during the trial, preside in the Senate, but have no vote therein. 30 CONSTITUTION OF NEW HAMPSHIRE. EXECUTIVE POWER. GOVERNOR. 41. There shall be a supreme executive magistrate, who shall be styled Governor of the state of New Hampshire ; and whose title shall be His Kvcellejicy . 42. The governor shall be chosen annually in the month of March ; and the votes for governor shall be received, sorted, count- ed, certified and returned in the same manner as the votes for sen- ators ; and the secretary shall lay the same before the Senate and House of Representatives, on the first Wednesday of June, to be by them examined, and in case of an election by a majority of votes through the state, the choice shall be by them declared and pub- lished. And the qualifications of electors of the governor shall be the same as those for senators ; and if no person shall have a ma- jority of votes, the Senate and House of Representatives shall by joint ballot elect one of the two persons having the highest num- ber of votes, who shall be declared governor. And no person shall be eligible to this office, unless at the time of his election he shall have been an inhabitant of this state for seven years next prece- ding, and unless he shall be of the age of thirty years ; and unless he shall at the same time have an estate of the value oi five hun- dred pounds, one half of Avliich shall consist of a freehold in his own right, within this state ; and unless he shall be of the protest- ant religion. 43. In cases of disagreement between the tAvo houses, with re- gard to the time or place of adjournment, or prorogation, the gov- ernor with advice of council, shall have a right to adjourn or pro- rogue the general court, not exceeding ninety days, at any one time, as he may determine the public good may require. And he shall dissolve the same seven days before the said first Wednesday of June. And in case of any infectious distemper prevailing in the place where the said court at any time is to convene, or any other cause whereby dangers may arise to the health or lives of the members, from their attendance, the governor may direct the ses- sion to be holden at some other, the most convenient place within the state. 44. Every bill which shall have passed both houses of the gen- eral court shall, before it become a law, be presented to the gov- ernor ; if he approve, he shall sign it, but if not, he shall return it with his objections to that house in which it shall have originated, who shall enter the objections at large on their journal and proceed to reconsider it ; if after such reconsideration two thirds of that house shall agree to pass the bill, it shall be sent, together with CONSTITUTION OF NEW HAMPSHIRE. 31 such objections, to the other house, by which it shall hkewise be reconsidered, and if approved by two thirds of that house it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for or against the bill, shall be entered on the journal of each house respectively. If any bill shall not be returned by the gov- ernor within five days, (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the legislature, by their adjournment, prevent its retiun, in which case it shall not be a law. 45. Every resolve shall be presented to the governor, and before the same shall take effect, shall be approved by him, or being dis- approved by him, shall be repassed by the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill. 46. All judicial officers, the attorney general, solicitors, all sher- iffs, coroners, registers of probate, and all officers of the navy, and general and field officers of the militia, shall be nominated and ap- pointed by the governor and council ; and every such nomination shall be made at least three days prior to such appointment, and no appointment shall take place, unless a majority of the council agree thereto. 47. The governor and council shall have a negative on each other, both in the nominations and appointments. Every nomina- tion and appointment shall be signed by the governor and council, and every negative shall be also signed by the governor or council, who made the same. 48. The captains and subalterns in the respective regiments shall be nominated and recommended by the field officers to the govern- or, who is to issue their commissions immediately on the receipt of such recommendation. 49. Whenever the chair of the governor shall become vacant, by reason of his death, absence from the state or otherwise, the presi- dent of the senate shall, during such vacancy, have and exercise all the powers and authorities which by this constitution the governor is vested with, when personally present ; but when the president of the Senate shall exercise the office of governor, he shall not hold his office in the Senate. 50. The governor with advice of council, shall have full pow- er and authority in recess of the general court, to prorogue the same from time to time, not exceeding ninety days in any one re- cess of said court ; and during the sessions of said court, to adjourn or prorogue it to any time the two houses may desire, and to call 32 CONSTITUTION OF NEW HAMPSHIRE. it together sooner than the time to \vhich it may be adjourned or prorogued, if the welfare of the state should require the same. 51. The governor of this state for the time being, shall be com- mander in chief of the army and navy, and all the military forces of the state, by sea and land ; and shall have full power by him- self, or by any chief commander, or other officer or officers, from time to time, to train, instruct, exercise and govern the militia and navy ; and for the special defence and safety of this state, to as- semble in martial array, and put in warlike posture, the inhabitants thereof, and to lead and conduct them, and with them to encounter, repulse, repel, resist and pursue by force of arms, as well by sea as by land, within and without the limits of this state ; and also to kill, slay, destroy, if necessary, and conquer by all fitting ways, enter- prise and means, all and every such person and persons as shall, at any time liereaftcr, in a hostile manner attempt or enterprise the destruction, invasion, detriment, or annoyance of this state ; and to use and exercise over the army and navy, and over the militia in actual service, the law martial in time of war, invasion, and also in rebellion, declared by the legislature to exist, as occasion shall necessarily require : And surprise by all ways and means whatso- ever, all and every such person or persons, with their ships, arms, ammunition, and other goods, as shall in a hostile manner invade, or attempt the invading, conquering or. annoying this state : And in fine, the governor hereby is intrusted with all other powers in- cident to the office of captain-general and commander-in-chief, and admiral, to be exercised agreeably to the rules and regulations of the constitution, and the laws of the land : Provided that the gov- ernor shall not at any time hereafter, by virtue of any power by this constitution granted, or hereafter to be granted to him by the legislature, transport any of the inhabitants of this state, or oblige them to march out of the limits of the same, without their free and voluntary consent, or the consent of the general court, nor grant commissions for exercising the law martial in any case, without the advice and consent of the council. 52. The power of pardoning ofiences, except such as persons may be convicted of before the Senate by impeachment of the house, shall be in the governor, by and Avith the advice of council : but no charter of pardon granted by the governor with advice of council, before conviction,shall avail the party pleading the same, not- withstanding any general or particular expressions contained therein, descriptive of the offence or offences intended to be pardoned. 53. No officer duly commissioned to command in the militia, shall be removed from his office but by the address of both houses to the governor, or by fair trial in court martial, pursuant to the laws of the state for the time being. CONSTITUTION OF NEW HAMPSHIRE. 33 54. The commanding officers of the regiments shall appoint their adjutants and quarter-masters ; the brigadiers, their brigade majors ; the major-generals, their aids ; the captains and subalterns, their non- commissioned officers. 55. The division of the militia into brigades, regiments and com- panies, made in pmsuance of the militia laws now in force, shall be considered as the proper division of the militia of this state until the same shall be altered by some future law. 56. No moneys shall be issued out of the trcasmy of this state, and disposed of, (except such sums as may be appropriated for the redemption of bills of credit or treasm-er's notes, or for the pay- ment of interest arising thereon,) but by warrant under the hand of the governor for the time being, by and with the advice and con- sent of the council, for the necessary support and defence of this state, and for the necessary protection and preservation of the in- habitants thereof, agreeably to the acts and resolves of the general com-t. . 57. All public boards, the commissary general, all superintending officers of public magazines and stores, belonging to this state, and all commanding officers of forts and garrisons within the same, shall once in every three months, officially, and without requisition, and at other times when required by the governor, deliver to him an account of all goods, stores, provisions, ammunition, cannon with their appendages, and all small arms with their accoutrements, and of all other public property under their care respectively ; distin- guishing the quantity and kind of each as particularly as may be ; together with the condition of such forts and garrisons ; and the commanding officer shall exhibit to the governor when required by him, true and exact plans of such forts, and of the land and sea, or harbor or harbors adjacent. 58. The governor and council shall be compensated for their services from time to time, by such grants as the general court shall think reasonable. 59. Permanent and honorable salaries shall be established by law for the justices of the superior court. COUNCIL. 60. There shall be annually elected by ballot five counsellors, for advising the governor in the executive part of government. The freeholders and other inhabitants in each county, qualified to vote for senators, shall some time in the month of March give in their votes for one counsellor ; which votes shall be received, sort- ed, counted, certified and returned to the secretary's office, in the 5 34 CONSTITUTIOIV OF NEW HAMPSHIRE. same manner as the votes for senators, to be by the secretary laid before the Senate and House of Representatives on the first Wednes- day of June. 61. And the person having a majority of votes in any county, shall be considered as duly elected a counsellor, but if no person shall have a majority of votes in any county, the Senate and House of Representatives shall take the names of the two persons who have the highest number of votes in each county, and not elected, and out of those two shall elect by joint ballot the counsellor wanted for such county ; and the qualifications for counsellors shall be the same as for senator. 62. If any person thus chosen a counsellor, shall be elected gov- ernor, or member of either branch of the legislature, and shall accept the trust ; or if any person elected a counsellor shall refuse to accept the office ; or in the case of the death, resignation or removal of any counsellor out of the state ; the governor may issue a pre- cept for the election of a new counselldr in that county where such vacancy shall happen ; and the choice shall be in the same manner as before directed : and the governor shall have full power and authority to convene the comicil from time to time, at his discretion ; and with them, or the majority of them, may and shall from time to time, hold a council for ordering and directing the affairs of this state according to the laws of the land. 63. The members of the council may be impeached by the House and tried by the Senate for bribery, corruption, mal-practice or mal- administration. 64. The resolutions and advice of the council shall be recorded by the secretary in a register, and signed by all the members present agreeing thereto ; and this record may be called for at any time by either house of the legislature, and any member of the council may enter his opinion contrary to the resolution of the majority, with the reasons for such opinion. . 65. The legislature may, if the public good shall hereafter re- quire it, divide the state into five districts, as nearly equal as may be, governing themselves by the number of ratable polls and pro- portion of public taxes ; each district to elect a counsellor : and in case of such division, the manner of the choice shall be conforma- ble to the present mode of election in counties. 66. And whereas the elections appointed to be made by this constitution on the first Wednesday of June annually, by the two houses of the legislature, may not be completed on that day, the said elections may be adjourned from day to day until the same be CONSXnUTJON OF NEW HAMPSHIRE. 35 completed. And the order of the elections shall be as follows : The vacancies in the Senate, if any, shall be first filled up ; the governor shall then be elected, provided there should be no choice of him by the people, and afterwards the two houses shall proceed to fill up the vacancy, if any, in the council. SECRETARY, TREASURER, COMMISSARY GENERAL, &c. 67. The secretary, treasurer and commissary general, shall be chosen by joint ballot of the senators and representatives assembled in one room. 68. The records of the state shall be kept in the office of the secretary ; and he shall attend the governor and council, the Senate and Representatives, in person or by deputy, as they may require. 69. The secretary of the state shall at all times have a deputy, to be by him appointed ; for whose conduct in office he shall be responsible : and in case of the death, removal or inability of the secretary, his deputy shall exercise all the duties of the office of secretary of this state, until another shall be appointed. 70. The secretary, before he enters upon the business of his of- fice, shall give bond with sufficient sureties, in a reasonable sum, for the use of the state, for the punctual performance of his trust. COUNTY TREASURER, &c. 71. The county treasurers and registers of deeds shall be elected by the inhabitants of the several towns, in the several counties in the state according to the method now practiced, and the laws of the state : Provided nevertheless, The legislature shall have authority to alter the manner of certifying the votes and the mode of electing those officers, but not so as to deprive the people of the right they now have of electing them. 72. And the legislature, on the application of the major part of the inhabitants of any county, shall have authority to divide the same into two districts for registering deeds, if to them it shall ap- pear necessary ; each district to elect a register of deeds ; and be- fore they enter upon the business of their offices, shall be respec- tively sworn faithfully to discharge the duties thereof, and shall severally give bond with sufficient sureties, in a reasonable sum, for the use of the county, for the punctual performance of their respective trusts. 36 CONSTITUTION OF NEW HAMPSHIRE. JUDICIARY POWER. 73. The tenure that all commissioned officers shall have by law in their offices, shall be expressed in their respective commissions. All judicial officers, duly appointed, commissioned and sworn, shall hold their offices during good behavior, excepting those con- cerning whom there is a different provision made in this consti- tution : Provided nevej'theless, The president,* with consent of council, may remove them upon the address of both houses of the legislature. 74. Each branch of the legislature, as well as the governor and council, shall have authority to require the opinions of the justices of the superior court upon important questions of law and upon solemn occasions. 75. In order that the people may not suffer from the long con- tinuance in place of any justice of the peace, who shall fail in dis- charging the important duties of his office with ability and fidelity, all commissions of justices of the peace shall become void at the expiration of five years from their respective dates ; and upon the expiration of any commission, the same may, if necessary, be re- newed, or another person appointed as shall most conduce to the well being of the state. 76. All causes of marriage, divorce and alimony, and all appeals from the respective judges of probate, shall be heard and tried by the superior court, until the legislature shall by law make other provision. 77. The general court are empowered to give to justices of the peace jurisdiction in civil causes, when the damages demanded shall not exceed four pounds, and title of real estate is not concerned ; but with right of appeal to either party to some other court, so that a trial by jury in the last resort may be had. 78. No person shall hold the office of judge of any court, or judge of probate, or sheriff of any county, after he has attained the age of seventy yeai-s. 79. No judge of any court or justice of the peace, shall act as attorney, or be of counsel to any party, or originate any civil suit, in matters which shall come or be brought before him as judge, or justice of the peace. 80. All matters relating to the probate of wills and granting let- ters of administration, shall be exercised by tlie judges of probate * Governor in funncr printed ediUons, hut jircsidciU in the original. COiNSTlTUTION OF NEW HAMPSHIRE. 37 ill such manner as the legislature have directed, or may hereafter direct : and the judges of probate shall hold their courts at such place or places, on such fixed days as the conveniency of the people may require, and the legislature from time to time appoint. 81. No judge or register of probate shall be of counsel, act as advocate, or receive any fees as advocate or counsel, in any probate business which is pending, or may be brought into any court of probate in the county of which he is judge or register. CLERKS OF COURTS. 82. The judges of the courts (those of probate excepted) shall appoint their respective clerks, to hold their office during pleasure ; and no such clerk shall act as an attorney, or be of counsel in any cause in the court of which he is clerk, nor shall he draw any writ originating a civil action. ENCOURAGEMENT OF LITERATURE, &c. S3. Knowledge and learning, generally diffused through a com- munity, being essential to the preservation of a free government ; and spreading the opportunities and advantages of education through the various parts of the country, being highly conducive to promote this end ; it shall be the duty of the legislators and magistrates, in all future periods of this government to cherish the interest of lite- rature and the sciences, and all seminaries and public schools, to encourage private and public institutions, rewards and immunities for the promotion of agriculture, arts, sciences, commerce, trades, manufactures, and natural history of the country ; to countenance and inculcate the principles of humanity and general benevolence, public and private charity, industry and economy, honesty and punctuality, sincerity, sobriety, and all social affections, and gene- rous sentiments among the people. OATH AND SUBSCRIPTIONS; EXCLUSION FROM OFFICES; COMMIS- SIONS; WRITS; CONFIRMATION OF LAWS; HABEAS CORPUS; THE ENACTING STYLE ; CONTINUANCE OF OFFICERS ; PROVISION FOR A FUTURE REVISION OF THE CONSTITUTION, &c. 84. Any person chosen governor, counsellor, senator or represen- tative, military or civil officer, (town officers excepted,) accepting tlie trust, shall, before he proceeds to execute the duties of his of- fice, make and subscribe the following declaration, viz : I, A. B., do solemnly swear that I will bear faith and true allegi- ance to the state of New Hampshire, and will support the consti- tution thereof. So help me God. 38 CONSTITUTION OF NEW HAMPSHIRE. I, A. B., do solemnly and sincerely swear and affirm, that I will faithfully and impartially discharge and perform all the duties in- cumbent on me as according to the best of my abilities, agreeably to the rules and regulations of this constitution and the laws of the state of New Hampshire. So help me God. Any person having taken and subscribed the oath of allegiance, and the same being filed in the secretary's office, he shall not be obliged to take said oath again : Provided alivays, When any person chosen or appointed, as afore- said, shall be of the denomination called Quakers, or shall be scru- pulous of swearing, and shall decline taking the said oaths, such person shall take and subscribe them omitting the word " swear,^' and likewise the words " So help me God,^' subjoining instead thereof, " This I do under the pains and penalties of per jury. ^^ 85. And the oaths or affirmations shall be taken and subscribed by the governor, before the president of the Senate, in presence of both houses of the legislature, and by the senators and representa- tives first elected under this constitution, as altered and amended, before the president of the state and a majority of the council then in office, and forever afterwards before the governor and coun- cil for the time being ; and by all other officers, before such per- sons and in such manner as the legislature shall from time to time appoint. 86. All commissions shall be in the name of the state of New Hampshire, signed by the governor, and attested by the secretary, or his deputy, and shall have the great seal of the state affixed thereto. 87. All writs issuing out of the clerk's office in any of the courts of law, shall be in the name of the state of New Hampshire ; shall be under the seal of the coiu-t whence they issue, and bear test of the chief, first, or senior justice of the court ; but when such justice shall be interested, then the writ shall bear test of some oth- er justice of the court, to which the same shall be returnable ; and be signed by the clerk of such court. 88. All indictments, presentments and informations shall con- clude against the peace and dignity of the state. 89. The estate of such persons as may destroy their own lives shall not for that offence be forfeited, but descend or ascend in the same manner as if such persons had died in a natural way. Nor shall any article which shall accidentally occasion the death of any person be henceforth deemed a deodand, or in any wise forfeited on account of such misfortune. CONSTITUTION OF NEW HAMPSHIRE. 39 90. All the laws which have heretofore been adopted, used and approved, in the province, colony, or state of New Hampshire, and usually practiced on in the courts of law, shall remain and be in full force until altered and repealed by the legislature ; such paits thereof only excepted, as are repugnant to the rights and liberties contained in this constitution ; provided that nothing herein con- tained, when compared with the twenty-third article in the bill of rights, shall be construed to affect the laws already made respecting the persons or estates of absentees. 91. The privilege and benefit of the habeas corpus shall be en- joyed in this state, in the most free, easy, cheap, expeditious and ample manner, and shall not be suspended by the legislature, ex- cept upon the most urgent and pressing occasions, and for a time not exceeding three months. 92. The enacting style in making and passing acts, statutes and laws, shall be — Be it enacted by the Senate and House of Repre- sentatives in General Court convened. 93. No governor, or judge of the supreme judicial court, shall hold any office or place under the authority of this state, except such as by this constitution they are admitted to hold, saving that the judges of the said court may hold the offices of justice of the peace throughout the state ; nor shall they hold any place or office or receive any pension or salary from any other state, government or power whatever. 94. No person shall be capable of exercising at the same time, more than one of the following offices in this state, viz : Judge of probate, sheriff, register of deeds ; and never more than two offices of profit, which may be held by appointment of the governor, or governor and council, or Senate and House of Representatives, or superior or inferior coiuts ; military offices, and offices of justices the peace excepted. 95. No person holding the office of judge of any court, except special judges, secretary, treasurer of the state, attorney gen- eral, commissary general, military officers receiving pay from the continent or this state, excepting officers of the militia, occasional- ly called forth on an emergency, register of deeds, sheriff, or officers of the customs, including naval officers, collectors of excise and state and continental taxes, hereafter appointed and not having set- tled their accounts with the respective officers Avitli Avhom it is their duty to settle such accounts, members of Congress, or any person holding any office under the United States, shall at the same time hold the office of governor, or have a seat in the Senate, or House of Representatives, or council ; but his being chosen and ap- pointed to and accepting the same, shall operate as a resignation of 40 CONSTITUTION OF NEW HAMPSHIRE. their seat in the chair, Senate or House of Representatives, or coun- cil, and the place so vacated shall be filled up. No member of the council shall have a seat in the Senate or House of Representatives. 96. No person shall ever be admitted to hold a seat in the legis- lature, or any office of trust or importance under this government, who, in the due course of law, has been convicted of bribery or corruption in obtaining an election or appointment. 97. In all cases where sums of money are mentioned in this constitution, the value thereof shall be computed in silver at six shillings and eight pence per ounce. 98. To the end that there may be no failure of justice or dan- ger to the state, by the alterations and amendments made in the constitution, the general court is hereby fully authorized and di- rected to fix the time when the alterations and amendments shall take effect, and make the necessary arrangements accordingly.* 99. It shall be the duty of the selectmen and assessors of the several towns and places in this state, in warning the first annual meetings for the choice of senators, after the expiration of seven years from the adoption of this constitution as amended, to insert expressly in the warrant this pm'pose among the others for the meet- ing, to wit ; to take the sense of the qualified voters on the subject of a revision of the constitution : and the meeting being warned accordingly, and not otherwise, the moderator shall take the sense of the qualified voters present as to the necessity of a revision ; and a return of the number of votes for and against such necessity shall be made by the clerk, sealed up and directed to the general court at their then next session ; and if it shall appear to the gen- eral court by such return, that the sense of the people of the state has been taken, and that in the opinion of the majority of the qualified voters in the state, present and voting at said meetings, there is a necessity for a revision of the constitution, it shall be the duty of the general court to call a convention for that purpose, oth- erwise the general court shall direct the sense of the people to be taken, and then proceed in the manner before mentioned. — The delegates to be chosen in the same manner, and proportioned as the representatives to the general court ; provided that no alterations shall be made in this constitution before the same shall be laid be- fore the towns and unincorporated places, and approved by two thirds of the qualified voters present and voting on the subject. 100. And the same method of taking the sense of the people as to a revision of the constitution, and calling a convention for that purpose, shall be observed afterwai-ds, at the expiration of every seven years. * See Act of Dec. 14, 1792. COiVSTITUTION OF NEW HAMPSHIRE. 41 101. This form of government shall he enrolled on parchment, and deposited in the secretary's office, and be a part of the laws of the land, and printed copies thereof shall be prefixed to the books containing the laws of this state, in all future editions thereof. IN CONVENTION, HELD AT CONCORD, THE 5tH DAY OF SEPTEMBER, ANNO DOMINI 1792. The returns from the several towns and unincorporated places being examined, and it appearing that the foregoing Bill of Rights and Form of Government, as amended by the convention, were approved by more than two thirds of the qualified voters present in town meetings, and voting upon the question ; the same are agreed on and established by the delegates of the people in con- vention, and declared to be the civil constitution of the state of New Hampshire. SAMUEL LIVERMORE, President of the Conventioji. Attest — .JOHN CALFE, Secretary. 6 STATE OF NEW HAMPSHIRE. IN THE YEAR OF OUR LORD ONE THOUSAND EIGHT HUNDRED AND FORTY-TWO. REVISED STATUTES OF THE 0tate of NeiD §amp6l)ire. Be it enacted by the Senate and House of Representatives IN General Court convened, as follows : TITLE I. OF STATUTES AND LEGISLATIVE PROCEEDINGS. Chapter 1. Of the construction of statutes. Chapter 2. Of applications to and proceedings before the legisla- ture. Chapter 3. Of the publication and distribution of statutes and journals. Chapter 4. Of the public printer and public printing. CHAPTER 1. OF THE CONSTRUCTION OF STATUTES. Section 1. Construction of number. 2. " " gender. 3. " " the words "-^ state" and '■'■United States." 4. " " word '■'■town." 5. " " word ^' inhabitant." 6. " " words " annual meet- ing." Section 7. Construction of the words " month' and '■'■year." 8. n " word ^^ person." 9. " " word "seal." 10. " " word '■^justice." 11. t( " words '■'■preceding or '■^foUotoing." 12. (( " " said" and '■'■such. 44 CONSTRUCTION OF STATUTES. [title I. Skction 13. Authority of public officers to be ex- ercised by a majority. 14. Construction of words '■^ grantor" and "grantee." 15. " " " insane ■person." 16. " " word"is5Me." 17. " " words "land" and " real estate." Id. " " word"jcf//." U'. " " words "written" or " in icriting." 90. " » word "uat/i." Section 21. Construction of word "highway." 22. " " word " coMn< J/." 23. " " word " selectmen." 24. " " words ''cowrt,""o/- Jicer," &c. 25. Computation of time. 26. Repeal, effect of, in civil cases. 27. " " " in criminal cases. 28. " not to revive acts repealed. 29. Statutes, when to take effect. 30. Rules above, when to be applied. Section 1, Every word importing either the singular or plural number, may extend and be applied to one or more than one per- son or thing. Sec. 2. Every word importing the masculine gender, may ex- tend and be applied to females. Sec. 3. The word " state^^ when applied to diiferent parts of the United States, may be construed to extend to and include the District of Columbia and the several territories, so called, and the words " United States" shall be construed to include said district and territories, Sec. 4. The word " toion''^ may be construed to extend and be applied to any place incorporated, or the inhabitants of which are required to pay any tax, and may mean that town in which the subject matter referred to is situate, or in which the persons refer- red to are residents. Sec 5. The word " inhahitanV^ may be construed to mean a resident, or person dwelling and having his home. Sec. 6. The words " annual meeting-^' when applied to towns, maybe construed to mean the annual meeting required by law to be holden in the month of March. Sec 7. The words " montJi'^ and '' year'''' shall be construed to mean a calendar month or year, unless otherwise expressed, and the word " ?/c«r" shall be equivalent to the expression " year of our Lord." Sec 8. The word ^^ person." may extend and be applied to bo- dies politic and corporate, as well as to individuals. Sec 9. Whenever the seal of any court or public office is re- quired to be affixed to any paper, the word " seaV^ shall be con- strued to include an impression of such official seal made upon the paper alone, as well as an impression made by means of wax, or a wafer affixed thereto. Sec 10. The word ^^ justice," when applied to a magistrate, shall be construed to mean a justice of the peace for the county in which he resides and for which he is appointed. Sec ] L The words ^^ preceding" and ^'following" when used CHAP. 1.] CONSTRUCTION OF STATUTES. 45 by way of reference to any section of these revised statutes, shall be construed to mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. Sec. 12. The words " sawZ" and " sicch^^ when used by way of reference to any person or thing, shall apply to the same person or thing last mentioned. Sec. 13. All words purporting to give a joint authority to three or more public officers, shall be construed as giving such authority to a majority of them unless otherwise expressly declared. Sec. 14. The word '■^grantor'''' may include every person by or from whom any estate or interest in land passes, in or by any deed, and the word '■'• grantee''^ may include every person to whom any such estate or interest passes in like manner. Sec. 15. The words " insane''' or " insane person''^ shall be con- strued to include an idiot, a non compos, lunatic or distracted person. Sec. 16. The word " issue" as applied to the descent of estates shall include all the lawful lineal descendants of the ancestor. Sec. 17. The words " /awe/," " lands,''' or " real estate'" shall be construed to include lands, tenements and hereditaments, and all rights thereto and interests therein. Sec 18. The term " loill " shall be construed to include codi- cils as well as wills. Sec. 19. The words " written'" or " in iDriting'" may include printing, excepting when the written signature of a person is re- quired. Sec 20. The word " oatlV shall be construed to include " af- firmations''' in all cases where an affirmation may be substituted for an oath, and in like cases the word " sicorn'''' shall be construed to include the word '' affirmed." Sec 21. The word " hightvay" or " road" shall be construed to include all bridges thereon. Sec 22. The word " county" may be construed to mean the county in which the subject matter referred to is situate, belongs, or is cognizable. Sec 23. The word " selectmen" may be construed to mean the selectmen of the town to which the subject matter to be acted upon belongs, or in which it is situate. Sec 24. When any court, officer or board is named by their official title, such designation shall be construed to apply to the court, officer or board of the county, town or district, within and for which they are qualified to act in such capacity. Sec 25. When time is to be reckoned from any day, date, act done, or the time of any act done either by force of law or by virtue of any contract hereafter made, such day, date or the day when such act is done, shall not be included in such computation. Sec 26. The repeal of any act shall in no case affect any act done or any right accruing, accrued, acquired or established, or any 46 PROCEEDINGS BEFORE THE LEGISLATURE. [TITLE I. suit or proceeding had or commenced in any civil case, before the time when said repeal shall take effect. Sec. 27. No suit or prosecution pending at the time of the re- peal of any act for any offence committed, or for the recovery of any penalty or forfeiture incurred under the act so repealed, shall in any case be affected by such repeal. Sec. 28. The repeal of any act shall not be construed to revive any other act which has been repealed. Sec. 29. Every act passed at any session of the general court commencing in June, shall take effect on the fifteenth day of Sep- tember next following, and every such act passed at a session com- mencing at any other time shall take effect on the fifteenth day of March next following, unless a different time be therein limited. Sec. 30. The foregoing rules shall be observed in the construc- tion of all statutes, unless inconsistent with the manifest intent of the legislature or the context of the same statute. CHAPTER 3. OF APPLICATIONS TO AND PROCEEDINGS BEFORE THE LEGISLATURE. Section 1. Notice of petitions, how given to indi- viduals. 2. " " " " to towns. 3. " how served, and fees. 4. Resolves to be deemed acts. Section 5. All papers, &c. to be filed with secre- tary. 6. Powers of committees of the legisla- ture. Section 1. When any petition to be presented to the legislature affects the interests of any person, notice thereof may be given by delivering to such person, or the clerk or agent of any corporation, a copy of said petition thirty days at least before the commence- ment of the session, or by publishing the same three weeks succes- sively in some ncAvspaper printed in the county in which such per- son resides or such corporation is established : or if no paper is printed in such county, or if such person reside out of the state, then in some newspaper printed in Concord, the last publication of which shall be at least fourteen days before said session. Sec. 2. When any such petition affects the rights or interests of any town, notice thereof may be given by delivering a copy thereof to the clerk and one selectman at least, or leaving such copy at the • usual place of abode of each, thirty days before the second Tues- day of March next preceding the session of the general court to which said petition is returnable. Sec. 3. Such notice may be served by any person not interested CHAP. 3.] STATUTES AND JOURNALS. 47 ill such petition, or a written acknowledgement of notice shall be sufficient. The person making such service shall be paid by the petitioner four cents a mile for actual travel in serving the same, twelve cents a page for each copy, and twenty-three cents for each service. Sec. 4. All joint resolutions of the legislature requiring the approval of the governor shall commence thus : Resolved by the Senate and House of Representatives in General Court convened ; and shall be passed like acts. Sec. 5. The clerk of the senate and of the house of represen- tatives, at the close of each session, shall deposit in the office of the secretary of state all petitions and papers which are not record- ed there, appertaining to the unfinished business of the legislature, and the secretary shall receive and preserve the same, and deliver them to the clerk of each branch aforesaid on the first day of the session next ensuing. Sec 6. Any senator or representative while acting as a member of any committee of the legislature, may administer an oath to any person who may be examined before such committee. CHAPTER 3. OF THE PUBLICATION AND DISTRIBUTION OF STATUTES AND JOURNALS. of the statdtes. Section 1. Original acts to be deposited with se- cretary. 2. Copy delivered to the public printer. 3. Printed statutes, how distributed. 4. Publication in newspapers, how made. 5. United States laws, how distributed. OF the journals. Section 6. Journals of the legislature to be pre- pared. 7. Journals, how to be published. 8. Journals, how distributed. 9. Exchange of public documents. Section 1. The original acts passed by the legislature shall be deposited and preserved in the office of the secretary of state. Sec 2. The secretary, within fifteen days after the close of each session, shall deliver to the public printer a fair copy of all the public and private acts and resolutions passed at such session, together with a digested index of the sections thereof, and of all the statutes enacted after the passing of the revised statutes. Sec 3. The secretary shall deposit in his office one copy of the laws published as aforesaid, and shall annually, as soon as may be after their publication, distribute copies, as follows : To the governor ; to each member of the council, senate and 48 STATUTES AND JOURNALS. [tITLE I. house ; to the secretary and treasurer, for the use of their respec- tive offices ; to each of the clerks of the senate and house ; to each of the justices of the superior court of judicature and of each court of common pleas ; to each clerk of said courts for the use of the court ; to each judge and register of probate : to the attorney- general and each solicitor for the time being ; to each of the judges of the circuit court of the United States for the district of New Hampshire ; to each historical society in the United States ; to the American Antiquarian Society ; to each town in the State ; to each unincorporated town or place in which there shall be ten or more ratable polls, inhabitants therein, one copy ; to the secreta- ry of each state and territory in the United States, for the use of each state or territory, three copies ; to the secretary of state of the United States for the use of the government of the United States, four copies ; and shall deposit the residue in the library of the State. Sec. 4. The secretary shall also cause all public acts and re- solves to be published in such newspapers as the legislature shall from time to time order, upon the following conditions : 1. Said laws shall be inserted in such newspapers in a type not less than the brevier size. 2. The publication of the laws shall commence at the close of each session, and be finished without delay, and nothing shall be allowed for the publication of any law which shall be unreasonably delayed. 3. No publisher shall receive any compensation for publishing any part of said laws, unless he has published all the public acts and resolves of the preceding session of the legislature. 4. The publisher shall fiurnish the treasurer with a file of the papers containing the acts and resolutions so published, and there- upon the treasurer shall issue his certificate thereof, and the gov- ernor on the receipt of such certificate shall draw his warrant npon the treasury therefor, at the rate of forty cents for every printed page of the pamphlet laws. Sec. 5. The secretary shall deliver to each town in the State which has not received the same, for the use of such town, one copy of the laws of the United States which are now or may be in his pos- session, and shall deposit the residue in the library of the State. Sec 6. The clerks of the senate and of the house of repre- sentatives shall each lodge in the office of the secretary of state, within ninety days after the close of each session of the legislature, a certified copy of their journals respectively, to be deposited in the state archives ; and also prepare a like copy of their respective journals, with a digested index of the contents thereof, for the press, and shall deliver the same to the public printer within thirty days after the close of such session. Sec. 7. The public printer shall print six hundred copies thereof in a style corresponding with that of the edition of the year 1841, and shall deliver the same to the secretary of state. CHAP. 4.] PUBLIC PRINTER AND PRINTING. 49 Sec. 8. The secretary, as soon as may be after such delivery, shall distribute the same as follows ; to each person composing the executive and legislative branches of the government for the time being ; to the secretary and treasurer ; to each of the clerks of the senate and house ; to the New Hampshire Historical Society ; to the American Antiquarian Society ; to each historical society in the United States ; to each town in the State ; to each unincorpo- rated place in the State in which there are ten or more ratable polls ; one copy each. Sec. 9. The secretary shall cause twenty-five copies additional of all laws, resolves and public documents printed by order of the legislature, to be printed and bound, and the governor may transmit the same to the agents of foreign countries in the United States authorized to make exchanges for the same. CHAPTER 4. OF THE PUBLIC PRINTER AND PUBLIC PRINTING. Section 1. Election of the public printer. 2. Compensation of " " 3. Duties of " " Section 4. Compensation, how paid. .5. Compensation in other cases. Section 1, There shall be chosen during the second week of the session in June annually, by joint ballot of the senate and house of representatives, a public printer, who shall hold his office for the term of one year and until some other person is elect- ed in his stead. He shall give bond with sufficient securities in the sum of one thousand dollars for the faithful performance of the duties of his office, and shall execute all the printing for the legis- lative, executive and military departments of the State. Sec. 2. For the faithful performance of his duties he shall receive" the following compensation : For furnishing the legislature at the commencement of each ses- sion, whenever the same shall be ordered, with three hundred print- ed copies of the rules of both branches of the legislature, with such other matter as it has been usual to print therewith, fifty dollars : For all bills printed for either branch of the legislature one dol- lar and twenty-five cents per page for three hundred copies : For all blanks, circulars or proclamations for the use of the govern nor, secretary, treasurer, adjutant general or quarter master general, printed on foolscap or letter paper costing not less than four dollars per ream, fifty cents per quire : For furnishing seven hundred copies of the laws of each session of the legislature, to correspond with the edition of the year 1841, one dollar and twenty cents for each page of one copy : 7 50 STATE HOUSE. [title II. For furnishing six hundred copies of the journals of the senate and house of representatives, to correspond with the edition of the year 1841, ninety cents for eacli page of one copy: And for all other work executed for the State, he shall receive a compensation corresponding to the above prices, to be determined by the governor and council. Sec. 3. The public printer shall deliver to the secretary of state seven hundred printed copies of the laws aforesaid within thirty days, and six hundi-ed printed copies of the journals aforesaid with- in sixty days, from the time the copy thereof shall be placed in his hands. Sec. 4. The governor, with advice of the council, shall draw his warrant on the treasurer for such sums as shall upon examination be found due to the public printer as aforesaid. Sec. 5. If any public printing other than the laws of each ses- sion shall be ordered in any newspaper, the compensation therefor, for three insertions or less, shall be at the rate of one dollar per square for the first four squares, and forty cents per square for the remainder, estimating each square to contain one hundred and seventy-five words. TITLE II. OF THE PROPERTY AND REVENUE OF THE STATE. Chapter 5. Of the state house. Chapter 6. Of the state library. Chapter 7. Of the state lands. Chapter 8. Of the surplus revenue. Chapter 9. Of the asylum for the insane. Chapter 10. Of the state tax. CHAPTER 5. OF THE STATE HOUSE Section 1. Keeper to be appointed. 2. Repairs, how made. Section 3. Penalty for throwing combustible mat- ter in yard. Section 1. A suitable person shall be appointed annually, by joint resolution of both branches of the legislature, to take charge CHAP. 6.] STATE LIBRARY. 51 of the state house and state house yard, to hold his office for the term of one year and until another shall be appointed. Sec. 2. If at any time there is a necessity for immediate repairs to the public property, said keeper is authorized, with the consent of the governor, to make the same to a reasonable amount, and the governor with advice of council, may draw his warrant therefor upon the treasury. Sec. 3. If any person shall exhibit any fire works, or throw any fireball or other combustible matter on fire, or set any combustible matter on fire, within the state house yard, or aid in or encourage the same, he shall forfeit a sum not exceeding ten dollars, to be recovered by complaint before a justice to the use of the complain- ant. CHAPTER 6. OF THE STATE LIBRARY. Section 1. Librarian to be appointed. 2. Vacancy, how filled. 3. Duties of librarian. 4. Compensation of librarian. 5. Who may take books from the library. 6. Regulations of the library. 7. Committee on the library. Section 8. Selection of books for the library. 9. Books to be labelled, arranged and entered on catalogue. 10. Documents and pamphlets may be bound. 11. Products of nature and art exchan- ged. Section 1. A librarian of the state library shall be appointed annually, by joint resolution of both branches of the legislature, to hold his office for the term of one year and until some other person is appointed in his stead, and before entering upon the discharge of the duties of his office he shall be sworn to the faithful performance thereof. Sec. 2. In case of the death, removal or resignation of the libra- rian, the executive shall make an appointment to fill the vacancy until such time as the legislature shall convene and make a new appointment. Sec. 3. The librarian shall be in constant attendance in the library during each session of the legislature. He shall cause all the books, maps and papers in the library to be didy labelled, numbered and arranged, and shall keep a full catalogue of the same arranged alphabetically, which shall be revised and corrected in the month of May annually. He shall keep a full and exact account of all books, maps and papers which may be taken from the library, with the names of the persons to whom and the time when delivered, and shall report to the governor within thirty days after the close 52 STATE LIBRARY. [TITLE II. of each session, tlie name of each book, map or paper which may not have been returned, with such other information as he may think expedient. Sec. 4. The compensation to the Ubrarian during the session shall be the same as that of a member, and for all other services he shall receive annually a reasonable sum. Sec. 5. Books may be taken from the library by the members and clerks of the house and senate during each session, and at all times by the governor and council, tlie judges of the superior court and the secretary and treasurer of the State. Any person (except during any session) may take books therefrom with the consent of the librarian, by depositing with him double the value thereof, from which any book injured or lost shall be replaced, and a compen- sation paid the librarian for his services, subject hoAvever to such rules as may be prescribed by the committee on the library. Sec 6. No book, map or paper shall be taken from the library by any person without the consent of the librarian, or without being entered as herein provided. During any session all books, maps and papers shall be returned to the librarian within one week, at other times within one month, and in all cases on or before the twentieth day of May annually. Sec. 7. A joint committee consisting of two members of the house to be selected by the speaker, and one member of the senate to be selected by the president, shall be appointed annually, who with the governor shall select and purchase books for the library, and the sum of one hundred dollars is appropriated for said purpose annually, to be drawn by warrant from the governor Avith advice of the council. Sec. 8. In selecting books for the library care shall be taken to procure full sets of the statutes and reports of the United States and of the several states, state papers, history, statistics, Avorks on political economy, agriculture, geology, mineralogy and other arts and sciences, and other Avorks having an important bearing upon the business and objects of legislation, to the exclusion of Avorks of fiction. Sec 9. All books for the library shall be procured by the first day of January in each year, and placed under the care of the librarian to be by him duly entered, labelled and arranged in the library, and he shall cause a record of the same Avith their prices to be made and kept from year to year. Sec 10. The committee on the library Avith the governor may from time to time, cause such pamphlets, documents, papers and manuscripts belonging to the State as they may think proper, to be suitably arranged and bound for preservation at the expense of the State, and the governor Avith advice of the council may draAV his Avarrant on the treasurer therefor. Sec 11. The sum of five hundred dollars is subject to the draft of the governor Avith advice of the council upon the treasurer, for CHAP. 7.] STATE LANDS. 53 the collection, preservation and exchange of original specimens of natural history and the productions of useful arts, to be expended mider the direction of the governor. CHAPTER 7. OF THE STATE LANDS. Section 1. Land commissioners appointed. 3. Land, how sold and conveyed. 3. Deeds recorded by secretary. Section 4. Compensation of commissioners. 5. Commissioner to make report and pay over money. Section 1. The governor with the advice of the council may appoint some suitable person or persons, not exceeding two, as land commissioners, who shall be sworn to the faithful performance of the duties of said office, and shall hold .their office during the plea- sure of the executive for the time being. Sec. 2. Said commissioners shall advertise and sell such and so much of the public land of the State as they think expedient, or sell or lease the same at private sale, and execute deeds thereof which shall be eifectual to convey all the right and title of this State therein, except the right of jurisdiction. Sec. 3. All deeds of state lands executed by any officer in behalf of the State, shall be recorded in the records of the State by the secretary, and no such deed, nor any lease nor other conveyance of any interest in such lands shall be of any effect, unless recorded as aforesaid within one year from the date of the same. Sec 4. All the expenses of surveying and conveying such land shall be paid by the person to whom the same shall be conveyed, and the commissioners shall receive six per cent, of the proceeds of the sales of all such lands paid into the treasury, in full compensa- tion for their services. Sec 5. Every commissioner shall deposit all money or securities by him received, as soon as may be after their receipt, with the treasurer of the State, deducting the six per cent, aforesaid, and shall also annually, in the month of June, make report to the governor of all lands by him sold and conveyed as aforesaid, the quantity, value, location and description of the same, and such other informa- tion upon the subject as may be deemed useful. 54 SURPLUS REVENUE. [title II. CHAPTER 8. OF THE SURPLUS REVENUE. Section 1. Town liable for surplus revenue. 2. Penalty for neglect to repay. 3. Disposal of same by town. 4. Share not called for to be loaned. Section 5. Share of unincorporated places to be loaned. 6. Such shares, how received afterwards, 7. When recalled by United States, how paid. vSection 1. Every town or place in this State that has received, or shall receive any portion of the public money of the United States deposited with this State, shall be accountable for the return of the same or any part thereof, whenever called for by the treasu- rer of this State upon the requisition of the United States. Sec. 2, If any town or place refuses or neglects to pay the same on demand, the treasurer may issue his extent against such town or place for their proportion of said money, and the persons from whom said sum shall be levied, shall have contribution against the other inhabitants or owners of property situate in said town for the sum so levied, and for all costs and damages sustained, with dou- ble costs of suit. Sec. 3. Any town or place, at a legal meeting for that pm'pose, may make such disposition of the public money therewith deposit- ed as shall be deemed equitable and expedient. Sec. 4. If any town or place has neglected or shall neglect to receive its proportion of the public money aforesaid, the treasurer shall loan the same, taking such security therefor as shall be ap- proved by the governor. All interest which shall so accrue shall be divided among all such towns ratably, and shall be paid over to them annually when their state tax shall be paid. Sec. 5. The treasurer shall also loan in the same manner, for the benefit of the unincorporated places in this State, their propor- tion of the public money aforesaid, and shall pay over their resj^ec- tive proportions of the interest accruing thereon in the same man- ner as the literary fund is paid. Sec 6. When any unincorporated place shall become incorpo- rated or annexed to any town, or when any town which has not received its proportion, at a meeting warned and holden for the purpose, shall vote to receive the same and pledge the faith and se- curity of the town for its safe-keeping and repayment on demand, and appoint an agent authorized to receive tJie same and execute such a certificate of deposit therefor as has been given by other towns, and shall give to the treasurer six months notice thereof, the treasurer shall pay over to such agent the amount retained for such town or place, and all interest which has accrued thereon. CHAP. 9.] ASYLUM FOR THE INSANE. upon receiving an attested copy of the records of the proceedings of the meeting of said town or place authorizing said agent to re- ceive said money, and the certificate of deposit executed by said agent in the manner aforesaid. Sec. 7. Whenever any portion of the public money thus depos- ited shall be recalled by the United States, the treasurer of the State, upon a warrant of the governor with advice of the council, shall repay the same out of any money in the treasury, and, if the same is not sufficient, the treasurer, with the consent of the govern- or, is authorized to borrow such sum as may be necessary therefor at a rate of interest not exceeding six percent., and shall repay said loans with the interest thereon whenever payable, out of any mo- ney in the treasury not otherwise appropriated. CHAPTER 9. OF THE ASYLUM FOR THE INSANE. Section 1. Corporate name of the asylum. 2. Trustees, how appointed. 3. Tenure of office of trustees. 4. Trustees to manage the affairs of the asylum. 5. Trustees to appoint officers, &c. 6. Trustees not to receive compensation. 7. Trustees to make by-laws and regula- tions. 8. Trustees may hold property in trust. 0. Trustees shall make report annually. 10. Board of visitors, and their duties. Section 11. Persons dangerous to beat large may be sent to the asylum. 12. Insane persons confined in jail may be sent. 13. Insane paupers, how sent by town. 14. Insane county paupers may be sent by court of common pleas 15. Support of insane committed by court. 16. Parent, guardian, &c., may send. 17. How discharged from the asylum. 18. Property of asylum e.xempt from tax- ation. Section 1. The insane asylum at Concord is hereby declared to be a corporation under the name of The Neiv Hampshire Asylum for the hisane. Sec 2. The govermnentof the asylum shall be vested in twelve trustees, to be appointed and commissioned by the governor with the advice of the council, and all vacancies shall be filled in the same manner. Sec 3. The trustees shall be classified and commissioned in such a manner that the ofiices of three trustees shall become va- cant annually. Sec 4. The trustees shall take charge of the property and con- cerns of the asylum ; shall see that its affairs are conducted proper- ly ; may enter into and bind the asylum by such contracts relative to the support of patients and the affairs of the asylum, as they may 56 ASYLUM FOR THE INSANE. [TITLE II. deem advantageous, and may receive, appropriate, control, convey or invest any property given to or owned by the asylmn in siicli manner as they may think expedient. Sec. 5. The trustees shall appoint a secretary who shall keep a full and fair record of their proceedings ; a treasurer who shall give bond for the faithful discharge of his duty ; and such physicians, officers and assistants, with such salaries and allowances as may be from time to time found necessary. Sec. 6. No trustee shall receive any compensation for his ser- vices as trustee, but expenses necessarily incurred by him shall be paid by the asylum. Sec. 7. The trustees may make such regulations for their own government, for the government of the asylum and all persons con- nected therewith, and for the admission and care of patients, and the same may from time to time alter, as convenience may require. Sec 8. The trustees may take and hold in trust for the asylum any grant or devise of real estate, or any donation or bequest of personal property, and may apply the same, unless otherwise re- stricted, to lessen the expenses of the indigent insane. Sec 9. The trustees shall make to the legislature annually a report of the receipts and expenditures of the asylum, the number of patients admitted and discharged during the year, and all other matters connected with the general interests of the asylum. Sec. 10. The governor and council, the president of the senate and speaker of the house of representatives for the time being, shall constitute the board of visitors of the asylum ; shall visit and inspect the same when necessary ; shall examine into the condition of the patients and the regulations and general management of the asylum ; shall see that the design thereof is carried into full effect, and make report to the legislature when they may think proper. Sec 11. If any insane person is in such condition as to render it dangerous that he should be at large, the judge of probate upon petition by any person, and such notice to the selectmen of the town in which such insane person is, or to his guardian or any other person, as the judge may order, which petition may be filed, notice issued and a hearing had in vacation or otherwise, may 3ommit such insane person to the asylum. Sec 12. If any insane person is confined in any jail, the court of common pleas may order him to be sent to the asylum if they shall think it expedient. Sec 13. Any insane pauper supported by any town, may be sent to the asylum by the order of the overseers of the poor of such town, and there supported at the expense of such town, and such expense may be recovered by such town of the county, town or person chargeable with the support of such pauper, in the same manner as if he had been supported in and by the town. Sec 14. If the overseers neglect to make such order in relation to any insane county pauper, the court of common pleas or any CHAP. 10] STATE TAX. 57 two judges tliereof in vacation, may order such pauper to be sent to the asyhun and there supported at the expense of the county. Sec. 15. Any insane person committed to the asyhmi by any court or judge of probate, shall be supported by the coimty from which he was committed, and any sum so paid may be recov- ered by the county of any county, town or person chargeable with his support. Sec. 16. The parent, guardian or friends of any insane person may cause him to be sent to the asylum with the consent of the trustees, and there supported on such ferms as they may agree. Sec. 17. Any person committed to the asylum may be dis- charged by any three of the trustees, or by any justice of the su- perior court, whenever the cause of commitment ceases or a fur- ther residence at the asylum is in their opinion not necessary. Sec 18. The property of the asylum is exempted from taxa- tion. CHAPTER 10. OF THE STATE TAX. Section 1. Proportion of public taxes. 2. Warrant therefor to be issued. Section 3. Delinquencies to be reported. Section 1. Of every thousand dollars of public taxes hereafter to be raised the proportion which each town and place shall pay annually, shall be as follows : COUNTY OF ROCKINGHAM. Atkinson, Brentwood, Candia, Chester, Danville, Deerfield, Derry, East Kingston, Epping, Exeter, Greenland, Hampstead, Hampton, Hampton Falls, Kensington, 8 two dollars thirty-five cents, three dollars sixty cents, four dollars nine cents, six dollars thirty-eight cents, two dollars, six dollars fifty cents, eight dollars forty-three cents, two dollars fifty-two cents, six dollars fourteen cents, eleven dollars, three dollars three cents, three dollars thirty cents, four dollars seventy-two cents, three dollars thirty-six cents, three dollars thirty-nine cents, 12-35 3-60 409 6-38 2-00 6-50 8-43 2-52 614 1100 303 3-30 4-72 3-36 3-39 58 STATE TAX. [title II. Kingston, Londonderry, Newcastle, Newington, New Market, Newtown, North Hampton, Northwood, Nottingham, Plaistow, Poplin, Portsmouth, Raymond, Rye, Salem, Sandown, Seabrook, South Hampton, Stratham, Windham, Barrington, Dover, Durham, Farmington, Lee, Madbury, Middleton, Milton, New Durham, Rochester, Somersworth, Strafford, Alton, Barnstead, Centre Harbor, Gilford, Gilmanton, Meredith, New Hampton, Sanbornton, four dollars one cent, 4-01 five dollars eight cents, 5-08 one dollar seventy-eight cents, 1-78 one dollar ninety-eight cents, 1-98 eight dollars eighty-seven cents, 8-87 one dollar seventy-eight cents, 1-78 three dollars thirty-nine cents, 3 39 four dollars thirty-two cents, 4-32 four dollars twenty-eight cents, 4-28 two dollars seventy cents, 2-70 one dollar ninety cents, 1-90 forty-two dollars eighty-five cents, 42-85 three dollars, 3*00 three dollars seventy-four cents, 3-74 four dollars seventy-five cents, 4-75 two dollars thirty-two cents, 2*32 three dollars seven cents, 3-07 two dollars seventy-two cents, 2*72 three dollars eighty-nine cents, 3*89 three dollars three cents, 3-03 1180-27 COUNTY OF STRAFFORD. five dollars thirty-six cents, $5*36 thirty dollars ninety-eight cents, 30-98 five dollars sixty cents, 5-60 four dollars ninety-five cents, 4-95 three dollars twenty cents, 3-20 two dollars fifty-five cents, 2-55 one dollar nine cents, 1-09 three dollars sixty-five cents, 3-65 two dollars ninety-two cents, 2-92 eight dollars ninety-three cents, 8-93 twelve dollars eighty-one cents, 12-81 five dollars sixty-four cents, 5-64 $87-68 COUNTY OF BELKNAP. five dollars forty cents, $5*40 five dollars forty-eight cents, 5-48 one dollar sixty cents, 1*60 six dollars eighteen cents, 6-18 eleven dollars fifteen cents, 11-15 nine dollars eighty cents, 9-80 four dollars eighty cents, 4-80 nine dollars fifty-five cents, 9-55 $53-96 CHAP. 10.] Albany, Brookfield, Chatham, Conway, Eaton, Effingham, Freedom, Moul tonborough, Ossipee, Sandwich, Tamworth, Tuftonborough, Walcefield, Wolfborough, Allenstown, Andover, Boscawen, Bow, Bradford, Canterbmy, Chichester, Concord, Dmibarton, Epsom, Franklin, Henniker, Hooksett, Hopkinton, Loudon, Newbury, New London, Northfield, Pembroke, Pittsfield, Salisbmy, Sutton, Warner, Wilmot, STATE TAX. COUNTY OF CARROLL. sixty-eight cents, one dollar sixty-five cents, one dollar sixteen cents, four dollars seven cents, two dollars ninety-five cents, two dollars ninety-two cents, two dollars, three dollars sixty-five cents, three dollars eighty-six cents, six dollars twenty-five cents, three dollars twenty-seven cents, three dollars sixty-three cents, three dollars forty-foiu: cents, five dollars five cents, COUNTY OF MERRIMACK. one dollar fifteen cents, three dollars sixty-nine cents, seven dollars eighty cents, three dollars thirty-four cents, three dollars ninety-cents, six dollars, tlii-ee dollars ten cents, twenty dollars, three dollars forty-five cents, three dollars thirty-four cents, four dollars ninety-four cents, seven dollars twenty-four cents, three dollars sixty cents, eight dollars nineteen cents, five dollars ninety cents, two dollars thirty-five cents, three dollars thirty-foiu' cents, four dollars fifty-two cents, four dollars eighty-eight cents, five dollars fom* cents, four dollars ninety-six cents, foiu: dollars five cents, six dollars eighty-five cents, two dollars eighty-seven cents. 59 $0-68 1-65 1-16 407 2-95 2-92 200 3-65 3-86 6-25 3-27 3-63 3-44 5-05 $44-58 115 3-69 7-80 3-34 3-90 600 310 2000 3-45 3-34 4-94 7-24 3-60 819 5-90 2-35 3-34 4-52 4-88 504 4-96 405 6-85 2-87 1124-50 60 STATE TAX. [title II. COUNTY OF HILLSBOROUGH. Amherst, six dollars thirty-four cents, $6-34 Antrim, four dollars sixty-nine cents, 4-69 Bennington, one dollar eighty-nine cents, 1'89 Bedford, five dollars ninety-eight cents, 5*98 Brookline, one dollar ninety-four cents, 1*94 Deering, fom* dollars sixty-eight cents, 4-68 Francestown, six dollars forty cents, 6-40 Goffstown, seven dollars ninety-four cents, 7-94 Greenfield, two dollars ninety-two cents, 2-92 Hancock, four dollars seventy-eight cents, 4-78 Hillsborough, seven dollars seventeen cents, 7' 17 Hollis, five dollars seventy-nine cents, 5-79 Hudson, four dollars eighty-one cents, 4-81 Litchfield, two dollars tweuty-seven cents, 2-27 Lyndeborough, three dollars eighty-one cents, 3-81 Manchester, ten dollars ninety-nine cents, 10-99 Mason, four dollars fifty cents, 4-50 Merrimack, four dollars thirty cents, 4*30 Milford, five dollars sixty-four cents, 5 64 Mont Vernon, two dollars forty-one cents, 2-41 Nashua, sixteen dollars fifty-four cents, 16'54 Nashville, eleven dollars ninety-six cents, 11*96 New Boston, six dollars fifty cents, 6-50 New Ipswich, six dollars fifty-eight cents, 6-58 Pelham, five dollars twenty-nine cents, 5-29 Peterborough, eight dollars seventeen cents, 8*17 Sharon, one dollar fifty-six cents, 1*56 Temple, two dollars forty-five cents, 2*45 Weare, eight dollars thirty cents, 8*30 Wilton, four dollars fifty-five cents, 4-55 Windsor, seventy-five cents, 0-75 $171-90 COUNTY OF CHESHIRE. Alstead, five dollars forty-three cents, $5'43 Chesterfield, six dollars forty-nine cents, 6*49 Dublin, four dollars sLxty-seven cents, 4-67 Fitzwilliam, five dollars twenty-five cents, 5*25 Gilsum, two dollars eighteen cents, 2-18 Hinsdale, four dollars twenty-^one cents, 4-21 Jaffrey, six dollars thirty-three cents, 6-33 Keene, fourteen dollars twenty-one cents, 14-21 Marlborough, two dollars eighty cents, 2*80 Marlow, two dollars fifty-five cents, 2-55 Nelson, three dollars two cents, 3-02 Richmond, three dollars eighty-four cents, 3-84 CHAP. 10.] STATE TAX. 61 Rindge, Roxbury, Stoddard, Sullivan, Surry, Swanzey, Troy, Walpole, Westmoreland, Winchester, four dollars ninety cents, one dollar eight cents, four dollars twenty-cents, two dollars thirty-nine cents, two dollars five cents, five dollars eighty-one cents, two dollars forty-five cents, eleven dollars sixty-nine cents, five dollars ninety cents, seven dollars eighteen cents, COUNTY OF SULLIVAN. 4-90 1-OS 4-20 2-39 2-05 5-81 2-45 11-69 5-90 7-18 $108-63 Acworth, five dollars twenty-five cents. $5-25 Charlestown, ten dollars twenty cents. 10-20 Claremont, sixteen dollars sixty-nine cents, 16-69 Cornish, six dollars sixty-two cents, 6-62 Croydon, three dollars three cents, 3-03 Grantham, three dollars, 3-00 Goshen, two dollars two cents. 2-02 Langdon, three dollars thirty cents, 3-30 Lempster, three dollars. 3-00 Newport, seven dollars fifty cents. 7-50 Plainfield, six dollars forty cents. 6-40 Springfield, two dollars eighty cents. 2-80 Unity, four dollars. 4-00 Washington, three dollars twenty-five cents, 3-25 Wendell, two dollars five cents, 2-05 COUNTY OF GRAFTON. Alexandria, two dollars sixty-seven cents, Bath, five dollars eighty-seven cents, Benton, ninety-four cents, Bethlehem, one dollar ninety-three cents, Bridgewater, one dollar seventy-one cents, Bristol, three dollars seven cents, Campton, three dollars sixty-four cents, Canaan, four dollars thirty cents, Danbury, one dollar sixty-nine cents, Dame's Gore, twenty-foiu cents, Dorchester, one dollar fifty-nine cents, Ellsworth, thirty-five cents, Enfield, five dollars eighty-seven cents, Franconia, one dollar seventy-one cents, Grafton, three dollars five cents, $7911 $2-67 5-87 0-94 1-93 1-71 3-07 3-64 4-30 1-69 0-24 1-59 0-35 5-87 1-71 3-05 62 STATE TAX. [title H. Groton, Hanover, Haverhill, Hebron, Hill, Holderness, Landaff, Lebanon, Lincoln, Lisbon, Littleton, Lyman, Lyme, Orange, Orford, Piermont, Plymouth, Rumney, Thornton, Warren, Waterville, Went worth, Woodstock, one dollar sixty-nine cents, eight dollars twenty cents, eight dollars eighty-one cents, one dollar fifty-six cents, two dollars seventy-six cents, four dollars five cents, two dollars seventy-nine cents, eight dollars ninety-one cents, twenty-four cents, four dollars thirty-eight cents, four dollars eighty-two cents, four dollars three cents, seven dollars twenty-four cents, seventy-four cents, seven dollars fifteen cents, three dollars forty-four cents, three dollars fifty-three cents, three dollars eighteen cents, two dollars forty-nine cents, two dollars seven cents, twenty-two cents, two dollars eighty-three cents, seventy-four cents. COUNTY OF COOS. Bartlett, Berlin, Bean's Purchase, Cambridge, Carroll, Clarksville, Colebrook, Columbia, Chandler's Purchase, one cent, Crawford's Purchase, one cent one dollar fifty-three cents, forty cents, four cents, twenty-six cents, seventy-three cents, twenty-cents, one dollar seventy-five cents, one dollar twenty-eight cents. Dalton, Dixville, Dix's Grant, Dummer, Errol, Ervin's Location, Green's Grant, Gorham, one dollar fifty cents, thirteen cents, six cents, twenty-four cents, thirty-two cents, two cents, one cent, thirty cents, Grant to Gilmanton and Atkinson Academies, six cents. Hart's Location, six cents, Hale's Location, three cents. 1-69 8-20 8-81 1-56 2-76 405 2-79 8-91 0 24 4-38 4-82 403 7-24 0-74 7-15 3-44 3-53 3-18 2-49 2-07 0.22 2-83 0-74 $124-60 $ 1-53 0-40 004 0.26 0-73 0-20 1-75 128 001 001 1-60 013 006 0-24 0-32 002 001 0-30 006 006 003 CHAP. 10.] STATE TAX. 63 Jackson, one dollar five cents, 1-05 Jefferson, one dollar thirteen cents, 1-13 Kilkenny, three cents, 0-03 Lancaster, three dollars ninety-three cents, 3-93 Low and Burbank's Grant, six cents, 0-06 Martin's Location, four cents, 0-04 Milan, seventy-five cents, 0*75 Millsfield, thirteen cents, 0-13 Nash and Sawyer's Location, six cents, 0"06 Northumberland, one dollar thirty-five cents, 1-35 Odell's Township, eleven cents, 0-11 Pinkham's Grant, two cents, 0-02 Pittsbm-gh, twenty-one cents, 0-21 Randolph, twenty-nine cents, 0-29 Stark, seventy-seven cents, 0-77 Stratford, one dollar thirty-five cents, 1*35 Shelburne, ninety-seven cents, 0-97 Stewartstown, one dollar forty-one cents, 1'41 Success, twenty-one cents, 0-21 Sargent's Purchase, two cents, 0-02 Second College Grant, five cents, 0-05 Thompson and Meserve's Purchase, one cent, 0-01 Wentworth's Location, six cents, 0-06 Whitefield, one dollar ninety-two cents, 1-92 $24-87 Sec. 2. Whenever any tax shall be ordered to be raised by the State on or before any day, the treasurer shall make out the pro- portion thereof to be raised by each town and place, according to the apportionment of public taxes for the time being, and shall sea- sonably issue a warrant, under his hand and the seal of his office, to the selectmen of such town or place, directing them to assess said sum and to pay the same into the treasury of the State on or before the day specified, and he may issue an extent for all sums which shall remain unpaid after said day. Sec. 3. The treasurer shall report to the house of representa- tives annually, a particular statement of all delinquencies in the payment of said tax ; and of all extents issued therefor. 64 SECRETARY OF STATE. [title III. TITL.E III. OF CERTAIN STATE OFFICERS, AND THE TENURE OF OFFICE. Chapter 11. Of the secretary of state. Chapter 12. Of the state treasurer. Chapter 13. Of the attorney general and solicitors. Chapter 14. Of notaries public and commissioners in other states. Chapter 15. Of the tenure and oath of office. CHAPTER 11. OF THE SECRETARY OF STATE. Section 1. The seal of the state. 2. Blanks to be furnished by state. 3. Blanks, «fcc., how distributed. Section 4. Papers to be arranged, and copies given. 5. To subscribe for N. H. Reports. Section 1. The seal of the State of New Hampshire shall be two inches in diameter, circular, with the following device and inscription : — a field encompassed with laurels ; around the field in capital letters, SIGILLUM REIPUBLIC^ NEO-HANTONI- ENSIS ; on the field a rising sun, and a ship on the stocks with the American banner displayed. It shall be kept and affixed by the secretary of state. Sec. 2. The secretary shall prepare annually and distribute to the clerk of each town and place seasonably, before every meeting for the choice of state or county officers, representatives in con- gress, or electors of president and vice-president, printed blanks for the return of votes for said officers, with such instructions as may be deemed necessary or useful, which blanks shall be used by said clerks in making said returns. Sec. 3. All blanks, laws, journals or packages directed to be sent by the secretary to the several counties or towns, shall be suitably directed and sent to the office of the register of deeds for the coun- ty, who shall distribute them. Sec 4. The secretary shall arrange methodically, fold uniformly, file and label all the papers in his office belonging to the State, and preserve the same carefully, and he shall give copies thereof duly authenticated, whenever required and paid therefor. Sec 5. He shall subscribe for and take two hundred and fifty copies of each number of the New Hampshire Reports which may CHAP. 12.] STATE TREASURER. 65 be published, for the use of the State, until otherwise directed, ciiid shall deliver one copy to each town, one copy to the clerk of the court of common pleas in each county for the use of said court, one copy to each state which shall reciprocate ; and shall deposit the remainder in the state library. CHAPTER 12. OF THE STATE TREASURER. Section 1. Treasurer, how chosen. 2. " to give bond. 3. " to provide books. 4. " to keep proper accounts. Section 5. Treasurer to pay out money. 6. " liow removed. 7. Commissioner, how appointed. 8. Bond, how prosecuted. Section 1. The treasurer of the State shall be chosen annually. Sec. 2. Before entering upon the duties of his office he shall give bond in the penal sum of two hundred thousand dollars, with suffi- cient sureties to be approved by the governor and council, condi- tioned for the faithful discharge of the duties of his office, which bond shall be deposited and safely kept in the office of the secretary of state. Sec. 3. He shall provide and have at all times at the expense of the State, a suitable book or books for records, in which he shall keep a fair and correct account of all sums of money received into and paid from the treasury during the year. Sec. 4. He shall keep a separate account with each officer of the State who receives a salary therefrom, in which shall be regularly entered all sums of money paid to each on account of such salary, specifying the amount paid on account of each year's salary ; and all sums which may be paid from the treasury, on account of appro- priations made by any general law of the State, shall be entered on separate accounts which shall be opened for the purpose, so that the amount appropriated and paid under each particular act may distinctly appear. Sec 5. He shall pay out of any moneys not otherAvise appropri- ated, all sums due by virtue of general or specific appropriations of the legislature, on warrants drawn by the executive, and the prin- cipal or interest of all loans which may at any time become due. Sec. 6. Upon representation made to the governor by any person, under oath, that the treasurer is insane or manifestly insolvent, or that he has absconded, or concealed himself, or is guilty of any conduct which is to the hazard of the public treasure, the governor and council shall examine into the truth of such representation, and 9 66 ATTORNEY GENERAL AND SOLICITORS. [tITLE IH. it" it shall appear to be true, shall remove him from otlice and declare the same vacant. Sec. 7. Upon the death, resignation or removal of the treasm'er, the governor, with advice of the council, shall appoint some suitable person as commissioner, to take charge of all the books, money and papers in said office, and to perform all the duties of treasurer until the next session of the legislature. Before any such commissioner shall enter upon the discharge of said duties, he shall give bond in the same manner as is herein-before provided for the treasurer. Sec. 8. In case of any delinquency of the treasurer, the attorney general upon the order of the governor and council, or if the legis- lature shall direct, shall commence a suit upon his official bond, and shall prosecute the same to final judgment, execution and satis- faction. CHAPTEK 13. OF THE ATTORNEY GENERAL AND SOLICITORS. Section 1. Attorney general to be appointed. 2. Duties of attorney general. 3. Shall give bond to the state. 4. Appointment of county solicitors. 5. Duties of county solicitors. 6. Shall give bond to the state. Section 7. Bonds to be lodged with secretary. 8. To be put in suit for the benefit of any person interested. 9. Attorney general and solicitors to ren- der account annually. Section 1. There shall be an attorney general, to be appointed by the governor and council in the manner provided by the consti- tution, as a vacancy may occur. Sec. 2. The attorney general shall prosecute all indictments and informations, and defend all suits and processes against the State, but he shall not be retained or concerned in the prosecution or defence of any suit before the court of common pleas, unless where the State is a party thereto, or he is a party or interested therein. Sec. 3. The attorney general shall give bond to the State with sufficient sureties, to be approved by one or more justices of the superior court of judicature, in the penal sum of five thousand dol- lars, conditioned to account for and pay over all money by him received as attorney general, to the State, county or individual to whom the same belongs, according to law. Sec. 4. There shall be a solicitor for each county, to be appointed by the governor and council in the manner provided by the consti- tution, as vacancies may occur. Sec 5. It shall be the duty of the solicitor of each county to take chai'ge of all suits and prosecutions in the name of the State, CHAP. 14.] NOTARIES PUBLIC. 67 pending in the court of common pleas of such county ; to prose- cute or defend any suit in which such county is a party or inter- ested ; to examine and audit all claims against such county ; to tax all bills of cost accruing in any proceeding where the State or county is interested, subject to be re-examined and increased or diminished by the court ; and in the absence of the attorney gene- ral to perform all the duties of said office for such county. Sec. 6. Each solicitor shall give bond to the State with suffi- cient sureties, to be approved by one or more justices of the court of common pleas of the county, in the penal sum of one thousand dollars, conditioned for the faithful discharge of the duties of his office, and the payment of all money by him received as solicitor, to the State, county or individual to whom the same belongs, accord- ing to law. Sec. 7. The bond of the attorney general and of each solicitor shall be lodged with and kept by the secretary of state. Sec. 8. Any such bond may be put in suit by leave of the court of common pleas, at the expense and for the benefit of any person interested therein, in the same manner as sheriffs' bonds may be sued. Sec 9. The attorney general and each solicitor shall amiually, on or before the first day of June, render to the treasurer of the State and of each county, a true account of all money by him received belonging to the State or to such comity. CHAPTER 14. OF NOTARIES PUBLIC AND COMMISSIONERS. notaries public. Section 1. Duties of notary public. 2. Effect of notarial protest. 3. When ceasing to be in office, records to be filed with secretary of state. 4. In case of death, to be filed by admin- istrator. 5. May be demanded by secretary. 6. Neglect to deliver, penalty. Section 7. To be open to inspection. 8. Copies furnished by secretary. commissioners. 9. Commissioners in other states appoint- ed. 10. Oath, how administered. 11. Powers of commissioner. 12. Effect of his certificate. NOTARIES PUBLIC. Section 1. Every notary public, in addition to the usual powers of such office, shall have the same powers as a justice of the peace in relation to depositions and the acknowledgement of deeds and other instruments, and his certificate of any such official act shall be as valid as that of a justice of the peace. 68 COMMISSIONERS. [tITLE III. Sec. 2. When any notary shall remove from the State, resign or from any cause cease to act in said capacity, he shall within six months thereafter deposit all his notarial records, and all papers filed in his office, in the office of the secretary of state. Sec. 3. The protest of any bill of exchange, note or order duly certified by any notary public under his hand and official seal, shall be evidence of the facts stated in such protest, and of the notice given to the drawer or endorsers. Sec. 4. If any notary shall die or become insane, it shall be the duty of his administrator, executor or guardian to deposit his records and papers in the manner aforesaid. Sec. 5. The secretary of state may demand and receive any such records and papers of any person in whose possession the same may be. Sec 6. If any person in whose possession any such records or papers may be, shall neglect or refuse to deliver the same to said secretary or his order, on demand, or shall knowingly destroy or conceal any such records, he shall be punished by fine not exceed- ing one thousand dollars, one half for the use of the prosecutor and the other half to the use of the county of which such notary is or was last an inhabitant, and shall also be liable for damages to any person injured in an action on the case. Sec 7. All notarial records and papers shall be kept by the sec- retary safely, and in such manner that reference thereto may easily be had, and shall be open to the examination of any person inter- ested therein. Sec. 8. The secretary shall make out and certify copies of any such records and papers, upon payment or tender of the fees there- for, and his certificate shall have the same validity as if made by such notary himself, COMMISSIONERS. Sec. 9. The governor, with the advice of the council, may appoint in each of the United States, and in each district and terri- tory, a commissioner or commissioners, to continue in office during the term of five years. Sec 10. Before any commissioner shall perform any duty of his office, he shall take and subscribe an oath or affirmation before a judge of the superior court of the state in which such commissioner resides, that he will well and faithfully perform all the duties of such office ; which oath shall be filed by him in the office of the secretary of state, within six months after the taking of the same. Sec 11. Such commissioners may administer oaths, take depo- sitions and affidavits to be used in this State, and notify parties of the time and place thereof, and take the acknowledgement of deeds or instruments to be used or recorded in this State, in the same manner as a justice of the peace for this State might do. CHAP. 15.] OATH OF OFFICE. 69 Sec. 12. Any oath administered by any such commissioner, any deposition or affidavit taken by him, and any acknowledgement certified by him, shall be as effectual in law, for all purposes, ?><« if certified by any justice of the peace in this State. CHAPTER 15. OF THE TENURE AND OATH OF OFFICE IN CERTAIN CASES. Section 1 . Judges and sheriffs must file certifi- cate of age. 2. After 70 years of age incapacitated. 3. Term of office to be for five years in certain cases. 4. Shall take oath of office before enter- ing on duty. 5. Persons scrupulous may affirrn. Section 6. Ceremony of swearing, how perform- ed. 7. Official oaths, by whom administered. 8. Justice shall record oaths and make a return thereof to the secretary of state. 9. Officers removable by address. Section 1. No person appointed a judge of any court, judge of probate or sheriff of any county, shall exercise such office or perform any act therein, or receive any fee or salary therefor, until he shall have deposited in the office of the secretary of state a copy of the record of his birth, attested by the clerk of the town in which he was born, or, if there is no such record, an affidavit sworn to and subscribed by him, stating according to the best of his belief the date and place of his birth. Sec 2. If any such officer shall continue to hold such office, after he has attained the age of seventy years, upon satisfactory evidence thereof, the governor and council shall remove such offi- cer, notifying him of such removal, and shall fill such vacancy. Sec. 3. All officers hereafter appointed by the governor and council, excepting judicial and military officers, shall hold their offices for the term of five years, and shall be commissioned accord- ingly. Sec. 4. No person chosen or appointed to any public office under any law of this State, shall exercise such office or shall perform any act therein, until he shall have taken the oath of office therefor. Sec 5. If any person is conscientiously scrupulous of swearing, the word ajffirm may be substituted for " sivear^' in the form of the oath, and the words, this you do under the pains and penalties of per- jury, instead of " So help you God.^^ Such affirmation shall, for all purposes, be and constitute an oath. Sec 6. No other ceremony shall be deemed necessary in swear- ing than holding up the right hand. Sec 7. Official oaths may be administered as follows : to the 70 COUNTIES. [title IV. clerk of any court, by any two justices thereof ; to all military officers above the rank of field officers, and to all other officers appointed by the governor and council, by any two members of the council, or by any member of the council with a justice of the peace, or by any two justices of the peace, one of whom shall be of the quorum ; and to all other officers, by any justice of the peace within his county. Sec. 8. Every justice of the peace shall keep a record of every such oath by him administered, in a book to be kept for that pur- pose, and shall make return to the office of the secretary of state of every oath by him administered to any officer appointed by the governor and council, within six months after such oath is admin- istered. Sec. 9. All officers appointed by the governor and council, or chosen by the legislature, may be removed by the governor Avith the consent of the council, upon the address of both houses of the legislature. TITI.E IV. OF THE CIVIL DIVISIONS OF THE STATE. Chapter 16. Of the several counties of the state Chapter 17. Of the several council districts. Chapter 18, Of the several senatorial districts. CHAPTER 16. OF THE SEVERAL COUNTIES OF THE STATE. Section 1. Number and names of counties. 2. Boundaries of Rockingham. 3. " " Strafford. 4. " " Hillsborough. 5. " " Cheshire. Section 6. Boundaries of Sullivan. 7. " " Grafton. 8. " " Merrimack. 9. " " Belknap. 10. " " Carroll. * The State was first divided into counties by the act of 9th George IH. (March ]9, 1771.) They were five in number: Rockingham, Strafford, Hillsborough, Cheshire, and Grafton. They were so called from the names of the English ministry then in power. Coos was formed from Grafton, December 24, 1803. Merrimack was set off from Rockingham and Hillsborough, July 1, 1823. Sullivan was set off from Cheshire, July 25, 1827. Belknap and Carroll were set off from Strafford, December 23, 1840. CHAP. KJ ] COUNTIES. 71 Section 11. Boundaries of Coos. 12. Grafton county, division into judicial districts. 13 Eastern judicial district. Section 14. Western judicial district. 15. Actions, how prosecuted therein. 16. Officers, their powers and duties the same. Section 1. The State is divided into ten counties, by the names of Rockingham, Strafford, Hillsborough, Cheshire, Sullivan, Graf- ton, Coos, Merrimack, Belknap and Carroll, and all towns, places, lauds and waters within their bounds, respectively, shall be parts of the respective counties aforesaid. Sec. 2. The county of Rockingham is bounded thus : beginning at the mouth of Piscataqua river, and running up the same to the easterly corner of New Market including the river ; thence north- westerly by the easterly and northerly lines of New Marlcet, Epping, Nottingham and Northwood to the easterly line of Pittsfield ; thence southwesterly by the northerly and westerly lines of Northwood, Deerfield, Candia, Chester and Londonderry to the northerly line of Hudson ; thence by the northerly and easterly lines of Hudson to the northwest corner of Pelham ; thence by the northerly line of Pelham to the state line ; thence by the state line to the sea ; thence by the sea to the bound first mentioned, including all that part of the Isles of Shoals which belongs to this State. Sec. 3. The county of Strafford is bounded thus : beginning at the northerly corner of the town of Northwood ; thence by the westerly lines of the towns of Strafford and New Durham to the northerly corner of New Durham ; thence by the northerly lines of New Durham, Middleton and Milton to the state line ; thence down said line to the county of Rockingham ; thence by the north- erly line of the county of Rockingham to the bound first men- tioned. Sec. 4. The county of Hillsborough is bounded thus: begin- ning at the bound between the towns of Pelham and Salem on the state line ; thence westerly by the state line to the southeast corner of Rindge ; thence by the easterly lines of Rindge, Jaffrey, Dublin, Nelson, Stoddard and Washington to the nortliAvest corner of Hills- borough ; thence by the northerly and easterly lines of said Hills- borough to the southwest corner of Henniker ; thence by the south- erly lines of Henniker and Hopkinton to the northwest corner of Dunbarton ; thence by the westerly and southerly lines of Dun- barton and Hooksett to the line of the county of Rockingham ; thence by said line to the bound first mentioned. Sec. ,5. The county of Cheshire is bounded thus : beginning at the southeast corner of Rindge ; thence westerly by the state line to the west bank of Connecticut river ; thence up the same bank to the northwest corner of Walpole ; thence by the northerly lines of Walpole, Alstead, Marlow and Stoddard to the line of the coun- ty of Hillsborough ; thence by said line to the bound first men- tioned. 72 COUNTIES. [title IV. Sec. C. The comity of Sullivan is bounded thus : beginning at the northwest corner of Plainfield on the west bank of Connecti- cut river ; thence easterly by the northerly lines of Plainfield, Grantham and Springfield to the northeast corner of Springfield ; thence southerly by the easterly lines of Springfield, Wendell, Goshen and Washington to the county of Cheshire ; thence wester- ly by the county of Cheshire to the northwest corner thereof on the west bank of Connecticut river ; thence northerly up said bank to the bound first mentioned. Sec. 7. The county of Grafton is bounded thus : beginning at the west bank of Connecticut river at the southwesterly corner of Dalton ; thence on the westerly and southerly lines of Dalton, Whitefield, Carroll and Nash and Sawyer's Location to the south- easterly corner thereof; thence southerly on a straight line across the unlocated lands to the line of the county of Carroll at the north- westerly corner of Albany ; thence by the westerly line of Alba- ny, the northerly and westerly lines of Sandwich, and the easterly and southerly lines of Holderness to the southwest corner of Hol- derness at the Pemigiwasset or Merrimack river ; thence down said river to the north line of Franklin ; thence westerly on the north- erly lines of Franklin, Andover, Wilmot, Springfield, Grantham and Plainfield to the southwest corner of Lebanon on the west bank of Connecticut river ; thence northerly on said bank to the bound first mentioned. Sec. 8. The county of Merrimack is bounded thus : beginning at the northeast corner of Franklin ; thence southerly and easterly by the easterly line of Franklin and the southerly line of Sanborn- ton, Gilmanton and Barnstead to the county of Rockingham ; thence southwesterly by the county of Rockingham to the county of Hillsborough ; thence westerly and northerly by the county of Hillsborough to the northwest corner of the town of Hillsborough ; thence northerly by the easterly line of the county of Sullivan to the county of Grafton ; thence southerly and easterly by the coun- ty of Grafton to the bound first mentioned. Sec. 9. The county of Belknap is bounded thus : beginning at the northeasterly corner of Pittsfield ; thence by the northerly line of the county of Merrimack to the county of Grafton ; thence by the easterly line of the county of Grafton to the northerly corner of Centre Harbor ; thence by the northerly line of Centre Harbor and Meredith to the easterly termination of the line separating the towns of Meredith and Moultonborough ; thence easterly to the southerly point of Long Island in Winnipissiogee Lake ; thence easterly to the southerly point of Parker's Island ; thence easterly to the westerly termination of the line separating the towns of Wolf borough and Alton ; thence on the northerly line of Alton to the northerly corner of New Durham ; thence by the county of Strafi'ord to the bound first mentioned. Sec. 10. The county of Carroll is bounded thus : beginning at CHAP. 17] COUNCII. DISTRICTS. 73 the northerly comer of New Durham ; thence by the northerly hue of the comity of Belknap to the county of Grafton ; thence by the easterly line of the county of Grafton to the northwesterly cor- ner of Albany ; thence by the northerly line of Albany and the westerly and northerly lines of Conway and Chatham to the state line ; thence down said line to the line of the county of Strafford ; thence by the northerly line of the county of Strafford to the bound first mentioned. Sec. 11. The county of Coos contains all the lands and waters within the limits of this State, which lie northerly of the counties of Grafton and Carroll. Sec. 12. The county of Grafton is divided into two judicial dis-' tricts, to be known by the names of the eastern and western judi- cial districts of the county of Grafton. Sec. 13. The towns of Alexandria, Bridgewater. Bristol, Camp- ton, Danbury, Dorchester, Ellsworth, Grafton, Groton, Hebron, Hill, Holderness, Lincoln, Orange, Plymouth, Rumney, Thornton, Waterville, Wentworth and Woodstock constitute the eastern ju- dicial district. Sec. 14. The towns of Bath, Benton, Bethlehem, Canaan, En- field, Franconia, Hanover, Haverhill, Landaff, Lebanon, Lisbon, Littleton, Lyman, Lyme, Orford, Piermont, Warren and the place called Dame's Gore constitute the western judicial district. Sec 15. All actions, petitions, appeals and prosecutions in all civil cases shall be commenced, entered and prosecuted in the court of common pleas for said districts, in the same manner they would be if each of said districts was a distinct county. Sec 16. Such division shall not affect the rights or duties of any officer or person, except so far as is expressly provided in this chapter. CMAPTEH ar. OF THE SEVERAL COUNCIL DISTRICTS. Section 1. Number and powers of council dis- tricts. 2. Boundaries of District No. 1. 3. " " No. 2. Section 4. Boundaries of District No. 3. 5. " " No. 4. 6. " » No. 5. Section 1. The State is divided into five council districts, each of which may choose one counsellor annually. Sec. 2. Council District Numher One contains the county of Rockingham, and the towns of Allenstown, Bow, Canterbury, Chi- chester, Concord, Epsom, lioudon, Northfield, Pembroke and Pitts- field in the county of Merrimack. 10 74 SENATORIAL DISTRICTS. [title IV. Sec. 3. Council District Number Tivo contains the counties of Strafford, Belknap and Carroll. Sec. 4. Council District Number Three contains the county of Hillsborough, and the towns of Andover, Boscawen, Bradford, Dun- barton, Franklin, Henniker, Hooksett, Hopkinton, Newbury, New London, Salisbury, Sutton, Warner and Wilmot in the county of Merrimack. Sec. 5. Council District Number Four contains the counties of Cheshire and Sullivan. Sec 6. Council District Number Five contains the comities of Grafton and Coos. CHAPTER 18. OF THE SENATORIAL DISTRICTS. Section Sectiox 1. Numbers and powers of sei atorial 7. Boundaries of Distr ct No. 6. districts 8. No. 7. 2. Boundarif s of District No. 1. 9. No. 8. 3. u No. 2. 10 No. 9. 4. " (( No. 3. IL No. 10 .5. (( No. 4. 12. No. 11 6. (( No. 5. 13. No. 12 Section 1. The State is divided into twelve senatorial districts, each of which may elect one senator to the Icgislatm'e annually, pursuant to the constitution. Sec 2. Se7iatorial District Number One contains Durham, Gos- port, Greenland, Hampton, Hampton Falls, Lee, Madbury, New- ington. New Castle, North Hampton, Portsmouth, Rye, Seabrook and Stratham. Sec 3. Senatorial District Number Two contains Allenstown, Atkinson, Brentwood, Candia, Chester, Deerfield, Danville, East Kingston, Epping, Exeter, Hampsteod, Kensington, Kingston, New Market, Newtown, Nottingham, Plaistow, Poplin, Raymond, San- down and South Hampton. Sec 4. Senatorial District Number Three contains Bow, Bed- ford, Derry, Dunbarton, Goffstown, Hooksett, Hudson, Londonder- ry, Litchfield, Manchester, Merrimack, Pelham, Pembroke, Salem, Weare and Windiiam. Sec 5. Senatorial District Number Four contains Boscawen, Canterbury, Concord, Franklin, Gilmanton, Hopkinton, Loudon, Northfield, Salisbury and Sanbornton. Sec. 6. Senatorial District Number Five contains Barnstend, Harrington, Chichester, Dover, Epsom, Northwood, Pittsfield, Ro- chester, Somers worth and Strafford. CHAP. 18.] SENATORIAL DISTRICTS. 75 Sec. 7. Senatorial District Number Si.v contains Alton, Brook- field, Centre Harbor, Conway, Eaton, Effingham, Farmington, Free- dom, Gilford, Meredith, Middleton, Milton, Moultonborough, New Durham, New Hampton, Ossipee, Sandwich, Tamworth, Tufton- borough, Wakefield and Wolfboroiigh. Sec. 8. Senatorial Biistrict Nuiiiher Seven contains Amherst, Brookline, Deering, Francestown, Greenfield, Hollis, Lyndebo- rough, Mason, Milford, Mont Yernon, Nashua, Nashville, New Bos- ton, Society Land,* and Wilton. Sec. 9. Senatorial District Number Eiglit contains Alstead, An- trim, Bradford, Dublin, Gilsum, Hancock, Henniker, Hillsborough, Marlow, Nelson, Stoddard, Sullivan, Surry, Wal^^ole, Warner, Wash- ington, Westmoreland and Windsor. Sec. 10. Senatorial District Number Nine contains Chesterfield, Fitzwilliam, Hinsdale, Jaftrey, Keene, Marlborough, New Ipswich, Peterborough, Richmond, Rindge, Roxbury, Sharon, Swanzey, Temple, Troy and Winchester. Sec. 11. Senatorial District Number Ten contains Acworth, Charlestown, Claremont, Cornish, Croydon, Goshen, Grantham, Langdon, Lempster, Newbury, New London, Newport, Springfield, Sutton, Unity, Wendell and Wilmot. Sec. 12. Senatorial District Number Eleven contains Alexan- dria, Andover, Bridgewater, Bristol, Canaan, Dame's Gore, Dan- bury, Dorchester, Enfield, Grafton, Groton, Hanover, Hebron, Hill, Holderness, Lebanon, Lyme, Orange, Orford, Plainfield, Plymouth, Rumney and Wentworth. Sec. 13. Senatorial District Number Twelve cowi^ms the county of Coos and all the towns and places in the counties of Grafton and Carroll not included in the other districts. TITL.E Y. OF COUNTIES AND COUNTY OFFICERS. Chapter 19. Of the powers and obligations of counties. Chapter 20. Of the election of county officers. Chapter 21. Of the county treasurer. Chapter 22. Of the register of deeds. Chapter 23. Of the county revenue. Now Bennington. 76 COUMV Ol'FlCEKS. [title V. €HAPTJER 19. OF THE POWERS AND OBLIGATIONS OF COUNTIES. Section 1. Powers of counties. 2. Court of common pleas to liave charge of county property. Section 3. Suits against counties, how brought. 4. Execution against a county, how satis- fied. Section 1. Each county in this State is a body politic and cor- poiate for the purpose of suing and being sued ; purchashig, taking and holding real and personal estate for county purposes ; for con- veying the same ; for making all necessary contracts, and doing all other necessary acts in relation to the j^roperty and concerns of the county. Sec. 2. The court of common pleas for each county shall have the custody of all property belonging to such county, and shall see that the same is kept in good condition ; and when expedient may authorize the county treasurer to sell and convey any part thereof for the use of the county. Sec. 3. Any suit against a county may be brought in the same or any adjoining county, and the court of common pleas may settle or make any arrangements respecting the same in behalf of the county, or may appoint an agent or agents to defend the same. Sec. 4. Payment of any execution against a county shall first be demanded of the treasurer; and if not satisfied within sixty days after such demand, it may then be levied upon the property of the county or of any inhabitant thereof, who shall have his ac- tion therefor against the county, and may recover any sum so paid, with exemplary damages and double costs. CHAPTER SO. OF THE ELECTION OF COUNTY OFFICERS. Section 1. Election, when to be holden. 2. Who may be chosen to or hold office. 3. Return of votes, form of. 4. Return of votes, how made. 5. Return of votes, how declared 6. Where candidates have equal number. Section 7. Penalty for neglect to make return. 8. Who shall prosecute. 9. Oath of office to be taken. 10. Removals, how and when made. 11. Vacancy, how filled. Section 1. There shall be chosen on the second Tuesday oC March annually, by ballot, by the inhabitants of the several towns and places in each county, qualified to vote for senators, a register CHAP. 20.] COUNTY OFFICERS. 77 of deeds, a treasurer and three road commissioners, each of whom shall hold his office until some other person is chosen and qualified in his stead. Sec. 2. No person is eligible to the office of register, treasurer, road commissioner or clerk of any court, unless he is a resident of the county for which he is chosen. No person shall hold any two of said offices at the same time ; and the acceptance of any office shall be a resignation of any office incompatible with it. Sec 3. The return of votes given in any town or place for any of said officers, shall be made out, signed, certified and sealed by the clerk thereof, in all respects as is provided for the return of votes for senator. Sec. 4. The clerk shall direct such return to the justices of the court of common pleas for the county, with a superscription ex- pressing the purport thereof, and shall transmit the same to said justices on or before the first day of the sitting of said court, at the next stated term after the month of March, in each year. Sec. 5. The justices aforesaid shall immediately proceed to ex- amine said returns of votes, and the person who has received the highest number of votes for any office, shall be declared to be elected. Sec. 6. If the candidates for any of said offices having the high- est number of votes, shall have an equal number, said justices shall appoint the requisite number from said candidates, Avho shall be declared to be duly elected. Sec 7. If the clerk of any town shall neglect to make any of the returns of votes aforesaid according to law, he shall for each offence be punished by fine not exceeding fifty dollars, nor less than twenty dollars, for the use of the county. Sec 8. The clerk of each of said courts shall certify to the at- torney general, or to the solicitor of the county, on the day suc- ceeding the return day, every such default, and a prosecution shall be commenced therefor by said officers either by indictment or in- formation, within one year from said return day, but not after. Sec 9. No such officer shall enter upon the discharge of any duty of his office until he shall have taken and subscribed the oath of office ; and said oath shall be filed in the office of the clerk of the court of common pleas. Sec 10. Any such officer may be removed from office by the justices of the court of common pleas of the county, for official misconduct, and the office declared vacant. If any person chosen or appointed to either of said offices declines to accept, removes from the county, resigns, dies or becomes insane, or when there is manifest hazard to the public interest, said justices shall declare the office vacant. Sec 11. In case of any vacancy, said justices shall appoint a commissioner who shall be sworn and shall perform all the duties, be subject to all the requirements and liabilities, and be entitled to all the privileges and emoluments of such vacant office. 78 COUNTY TUEASL'KER. [title A'. CHAPTER 31. OF THE COUNTY TREASURER. Section 1. Treasurer to give bond. 2. Suits on bond regulated. 3. Treasurer to collect and disburse. 4. Money, how drawn by superior court. Section 5. Money, how drawn by C. C. P. 6. Treasurer's account, how settled. 7. Statement to be made annually. 8. Statement filed with secretary. Section 1. Before the county treasurer shall perform auy duty of his office, he shall give bond to the comity for the faithful dis- charge of his duties, in such sum, not less than two thousand dol- lars nor more than fifty thousand dollars, with such sureties, as shall be approved by the court of common pleas, to be lodged with the clerk of said court and kept for the use of the county. Sec 2. It shall be put in suit by order of said court, which suit shall be brought in an adjacent county, and execution shall issue on any judgment obtained thereon for such amount, not exceeding the penalty of the bond, as said treasurer shall be in arrcar to the county. Sec. 3. The treasurer shall collect and receive all moneys due to the county, and disburse the same according to law, and shall keej) a fair and correct account thereof in suitable books, to be pro- vided at the expense of the county. Sec. 4. The order of the superior court shall be a sufficient voucher for the payment of the attendance of officers at any time, and all the necessary expenses of said court. Sec. 5. The order of the court of common pleas shall be a suffi- cient voucher for the payment of the fees of grand and petit jurors, witnesses for the state, officers, criminal prosecutions, all incidental expenses of the court, expenses of laying out, building and repair- ing highways, pauper accounts, appropriations by the county con- vention and all other sums for which the county may be made chargeable. Sec G. The treasurer shall render to the court of common pleas annually, and oftener if required, a true and minute statement of all the sums by him received and paid since the last statement made ; and said court shall audit, adjust and settle the same. Sec 7. The treasurer shall make out and deliver to the clerk of said court, on or before the first day of June annually, a statement of his account as treasurer for the year commencing with the last annual settlement, in which shall be specified the sums and objects of all receipts and payments. Sec 8. Said clerk shall deliver such statement or cause the same to be delivered to the secretary of state prior to the second Wed- nesday of June annually, and shall publish the same in such news- paper as said com-t shall direct. CHAP. 22.] REGISTERS OF DEEDS. 79 CHAPTER 29. OF REGISTERS OF DEEDS. Section 1 . Bond to be given, form, &C. 2. Bond, how put in suit. 3. Register to-keep his office open. 4. ■" to keep papers safely. r>. " to record, certify, &c. Section 6. Register to keep indexes. 7. " to record time when received, names of parties, &c. 8. Neglect of register, penalty. Section 1. Before any register shall perform any duty of his office, he shall give bond for the faithful performance of his duties, in such sum, not less than two thousand dollars nor more than fifty thousand dollars, and with such sureties, as shall be approved by the court of common pleas. Such bond shall be given to the coun- ty, shall be lodged with the clerk of said coin-t, and shall be for the benefit of any person who may be injured by the neglect or misconduct of said register. Sec. 2. Such bond shall be put in suit by order of said court vvdienever any person may be aggrieved, and execution shall issue from time to time for all sums for which judgment may be recov- ered against such register, and for which full satisfaction shall not have been otherwise obtained. Sec. 3. The register shall keep his office open daily, Sundays excepted, in the place, if any there be, provided therefor by the county. Sec. 4. He sliall keep all books, records, files and papers care- fully, and shall permit no paper there deposited to be taken from Ills office before it shall be recorded. Sec. 5. He shall receive, file and record, for the legal fees, all deeds and instruments brought for that purpose, and shall examine the records and give certificates or copies thereof, when required. Sec. 6. He shall keep a general index, containing two lists, ar- ranged alphabetically ; one consisting of all the names of grantors to grantees ; the other the names of all grantees from grantors : in which he shall enter, at the time of recording any deed, the names of the grantors and grantees, as aforesaid. Sec. 7. Immediately upon the receipt of any deed for record, he shall enter in separate columns in a book kept by him and open to inspection, the time when the deed is received, the name of the grantor, the name of the grantee and the name of the town in which the land conveyed is situate. Sec. 8. If the register shall neglect any duty imposed by this chapter, he sliall forfeit twenty dollars to be recovered by an action of debt, in the name of the treasm-er of the county, for the use of the county, and shall also be liable to an action on the bond, as aforesaid. 80 COUNTY REVENUE. [title V. CHAPTER 33. OF THE COUNTY REVENUE. Skction 1. Court of common pleas to recommend taxes. 2. Taxes, how to be granted. 3. Clerk of court of common pleas to Section record doings of convention. 4. County treasurer to issue warrant for tax. 5. Execution against county, how paid. Section 1. Each county treasurer shall, in December annually, make and deliver to the court of common pleas, at the next stated term thereafter, a particular and certified statement of the condition of the treasury ; and said court shall determine how much money in their opinion is necessary to be raised in and for the county, for the year ensuing, stating in general the purposes for which the same may be needed and the amount for each object, and lodge such determination and statement with the clerk of said court, who shall transmit the same to the secretary of state prior to the second Wed- nesday of June next following. Sec. 2. The representatives of the several towns composing each county, on the second Wednesday of the session in June or on some subsequent day of the same week, shall meet and form themselves into a convention, of the time and place of which notice shall be given by the speaker. The convention may choose a chair- man ; a clerk who shall be sworn by the chairman or some justice, and who shall record all the ^proceedings thereof, and shall deliver such record or cause the same to be delivered to the clerk of the court of common pleas for said county within sixty days thereafter ; and said convention may grant and appropriate such taxes for the use of the county as may be necessary ; and all taxes so voted by the majority of the representatives present, shall be valid. Sec. 3. The clerk of the court of common pleas for each coun- ty shall record in the record book of conventions for the county, (which shall be kept in his office,) the doings of such convention, and he shall certify to the treasurer of the county all taxes granted by the same. Sec. 4. The treasurer shall issue his warrant to the selectmen of the several towns in his county liable to pay state taxes, requir- ing them to assess, collect and pay in to the treasurer of said county, within such time as shall be therein directed, their just proportion of all taxes granted and certified as aforesaid, which shall be ac- cording to their proportion of public taxes for the time being, and may enforce the collection and payment thereof, in the same man- ner as the treasurer of the state may enforce the collection and pay- ment of outstanding state taxes. Sec. 5. If any execution shall issue against any county, the trea- surer, upon demand made shall pay the same out of any money in CHAP. 24.] VOTERS. 81 tlie treasury ; and if this is insufficient, he may issue his warrant to the selectmen of the several towns in the county, in the manner prescribed in the preceding section, requiring them to collect and pay into the treasury, within forty days, a sum sufficient to satisfy said execution, and may enforce payment thereof in manner there- in provided. TITLE YI. OF ELECTIONS OTHER THAN OF COUNTY AND TOWN OFFICERS. Chapter 24. Of the rights and qualifications of voters. Chapter 25. Of the manner of conducting elections. Chapter 26. Of the election of governor, counsellors and senators. Chapter 27. Of the election of representatives in congress. Chapter 28. Of the election of electors of president and vice- president. Chapter 29. Of the election of representatives to the general court. Chapter 30. General provisions concerning elections. CHAPTER S4. OF THE RIGHTS AND QUALIFICATIONS OF VOTERS. Section 1. Who are legal voters. 2. Who are to be deemed paupers. 3. Aliens are not voters. 4. Length of residence required. Section 5. Residence not lost by a temporary ab- sence. 6. Students gain no residence. Section 1. Every male inhabitant of each town, being a native or naturalized citizen of the United States, of the age of twenty- one years and upwards, excepting paupers and persons excused from paying taxes at their own request, shall have a right, at any meet- ing, to vote in the town in which he dwells and has his home. Sec 2. No person shall be considered a pauper within the mean- ing of the preceding section, unless he has been assisted as such, within ninety days prior to the meeting in Miiich he claims the right to vote. Sec. 3. No alien shall be entitled to vote at any town meeting. 11 82 MANNER OF CONDUCTING ELECTIONS. [tITLE VI. Sec. 4. No person shall be considered as dwelling or having liis home in any town for the purpose of voting, or being voted for at any meeting therein, unless he shall have resided within this state six months, and within such town three months, next preceding the day of said meeting. Sec. 5. When such a residence is acquired by any person in any town, it shall not be interrupted or lost by a temporary absence therefrom with the intention of returning thereto as his home. Sec. 6. No person attending at any college, academy or other literary institution in any town for the purpose of obtaining an education, shall be entitled to vote therein, nor lose his right at his former residence. This shall not apply to any person who had a previous legal residence in any such town, or who has removed and taken up his permanent residence therein. CHAFTEM 95. OF THE MANNER OF CONDUCTING ELECTIONS. Section 1. List of voters to be posted. 2. Sessions for correcting such list to be Iiolden. 3. List, how to be corrected. 4. List open to examination. 5. Voters on said list may vote, if acci- dentally omitted. 6. List to be present at meeting. 7. Ballot boxes to be provided. 8. What are deemed ballots. 9. Mode of balloting. 10. What officers to be voted for on one ticket. 11. No person need vote for every officer ; when deemed a blank. 12. Selectmen and town clerk to assist in countinjr votes. Section 13. Majority, how determined. 14. Majority, how determined. 15. Votes, how to be counted, declared and recorded. 16. No ballot to be received after the votes declared. 17. Statutes to be presentat the meeting. 18. Check list and list of polls to be filed with town clerk. 19. Penalty for treating at elections. 20. Penalty for voting illegally. 21. Penalty for neglect or fraud of select- men. 22. Penalty for fraud of moderator or selectmen. 23. Penalty for any other neglect or fraud. Section 1. The selectmen shall lodge with the town clerk, and shall also cause to be posted up in one or more public places in the town, an alphabetical list of all the legal voters therein, fifteen days at least prior to any meeting for the choice of state or county offi- cers, representatives in congress or electors of president and vice- president. Sec. 2. The selectmen shall be in session at some convenient place for so long a time as shall be necessary, within three days next preceding any such meeting, for the purpose of correcting said CHAP. 25.] MANNER OF CONDUCTING ELECTIONS. 83 list, and one session shall be for two hours at least on the day and before the opening of said meeting. Notice of the time and places of holding said sessions shall be given upon said lists at the time of posting ap the same. Sec. 3. The selectmen shall hear all applications for the inser- tion of the name of any person upon said list, or the erasure of any name therefrom, and may examnie the party or any witnesses there- to upon oath, which may be administered by any member of the board. They shall insert the name of every legal voter omitted, and erase the name of every person not a legal voter. Sec. 4. The list, as corrected by the selectmen, shall at all times, before the opening of any meeting, be open for the examination of every citizen of the town. Sec. 5. No person shall be allowed to vote at any meethig afore- said, unless his name is inserted upon said list before the opening of such meeting, and the vote of no person, whose name is then upon said list, shall be rejected ; provided, however, that this sec- tion shall not be so construed as to prevent any person from voting at any election, whose residence has, with the knowledge of the selectmen, been, for and during the year next preceding the said election, in such town, but whose name has been accidentally omitted from said list. Sec. 6. The selectmen shall be present at the opening of such meeting, and shall have then and there present the list of legal voters corrected as aforesaid. Sec 7. A suitable box or boxes shall be provided by the select- men at the expense of the town, in which to receive the ballots of the voters. Sec 8. Each ballot shall contain the name of every person voted for, and may be either written or printed. Blank pieces of paper shall not be counted as ballots, votes or tickets. Sec 9. Each voter shall deliver his ballot to the moderator in open meeting, and the moderator, on receiving the ballot, shall di- rect the town clerk to check the name of the voter on said list, and shall, without inspecting the name of any person voted for, exam- ine said ballot so far only as to determine whether the same con- tains more than one ticket ; if it do not, he shall place the ballot hi the balloting box, but if it do, he shall make it manifest to the meeting, and reject the same. Sec 10. In balloting for state and county officers, representa- tives to congress or electors of president and vice-president, the moderator shall call for the ballots for so many of said officers as it may be necessary to vote for at such meeting, to be given in on the same ticket, as a majority of the voters present may request or designate, with the respective offices designated against the name of each person voted for. Sec 11. If several officers are to be voted for upon one ticket, no person shall be obliged to vote for each of said officers. And 84 MANNER OF COiNDUCTLNG ELECTIONS. [TITLE VI. when more than one description of officers are voted for on the same ticket, any ticket which does not contain at least one vote for each description of officers, shaU be regarded as a blank vote as to the description of officers omitted. Sec. 12. The selectmen and town clerk shall assist in sorting and counting said votes, but no other person shall in any manner interfere therewith. Sec. 13. In determinmg the result of any election, the whole number of persons voting for any officer, shall first be ascertained by counting the Avhole number of separate tickets given in, and no person shall be declared to be elected to any office, who shall not have received a majority of the whole number of tickets given in for such office. Sec. 14. If a number of candidates greater than the requisite number, shall severally receive a majority, a number equal to the requisite number, having the greatest excess over such majority, shall be declared to be elected. But if the number to be elected cannot be completed by reason of any two or more candidates hav- ing received an equal majority, one or more being greater than the requisite number, the candidates having such an equal majority, shall be declared not to be elected. Sec. 15. The moderator shall in said meeting, in presence of the selectmen and town clerk, sort and count the said votes and make a public declaration of the whole number of the tickets given in, with the name of every person voted for, and the number of votes for each person, and the town clerk shall make a fair record there- of at large in the books of the town. Sec 16. No ballot shall be received and counted after the state of the votes shall have been declared as aforesaid. Sec 17. The town clerk shall have present at the polls, at the opening thereof, all the statute laws of this State in force relating to the subject of elections. Sec 18. Upon the back of the list of voters used at the annual meeting, the selectmen shall enter the names of all the ratable polls in the town not included in said list, and shall fde the same with the town clerk within one week after the town meeting. Sec 19. If any person shall directly or indirectly give spirituous liquor to any voter at any time with a view to influence any elec- tion, or as a treat for his vote, or for the honors bestowed on any candidate at such election, he shall be punished by fine not exceed- ing twenty dollars for each offence. Sec 20. If any person at any meeting for the choice of officers, shall give in more than one vote for any officer voted for at such meeting; or if any person under the age of twenty-one years, or any alien not naturalized, or any person who is not a legal voter, shall give in any vote for any officer at such meeting ; or if any person being under examination as to his qualifications as a voter before the board of selectmen, shall give any fiilse name or answer ; CHAP. 2G.] GOVERNOR, COUNSELLORS AND SENATORS. 85 he shall be punished by fine not exceeding thirty dollars for each offence, or may be imprisoned in the common jail not exceeding three months. Sec. 21. If any selectman at any session holden for the correc- tion of the list of voters, on receiving satisfactory evidence that any person whose name is on said list, is not a legal voter, shall neglect or refuse to erase such name from such list ; or shall neglect or refuse to insert on said list the name of any person who is a legal voter, having satisfactory evidence thereof; or shall neglect or refuse to hear or examine any evidence offered for such purpose in either of the cases aforesaid ; or shall at any time insert on said list the name of any person not a legal voter, knowing such to be the case ; or shall knowingly erase therefrom or omit to insert the name of any legal voter ; he shall be punished by fine not exceeding fifty dollars for each offence. Sec. 22. If any moderator or selectman at any such meeting shall fraudulently receive and count any illegal vote, or shall fraud- ulently omit to receive and count any legal vote ; or shall fraud- ulently embezzle any vote from the number of legal votes cast, or add any vote thereto ; or shall receive or count any vote given at such meeting by proxy and without the personal delivery of such vote by the person entitled to give the same ; he shall for each of- fence be punished by fine not exceeding fifty dollars. Sec. 23. If any person shall be guilty of any offence against any provision of this chapter, the penalty for which is not herein speci- fied, he shall be punished by fine not exceeding thirty dollars for each offence. CHAPTER *I6. OF THE ELECTION OF GOVERNOR, COUNSELLORS AND SENATORS. Section 1. Meeting, when to be holden. 2. Return of votes, how made. 3. Return, when to be made. Section 4. Receipt to be given therefor. 5. Penalty for neglect to make return. Section 1. The meetings of the several towns for the election of governor, counsellors and senators shall be holden on the second Tuesday of March annually, and at no other time. Sec 2. The town clerk shall make out a fair and exact copy of the record of all votes given in at any such meeting for governor, for counsellor and for senator, upon distinct and separate pieces of paper, shall certify upon each copy that the same is a true copy of said record, and shall seal up said copies separately and direct the same to the secretary of state, with a superscription upon each express- ing the purport thereof. 86 REPRESENTATi\T.S IN CONGRESS. [tITLE VI. Sec. 3. He shall cause such attested copy to be delivered to the sheriff of the county in which such town lies, thirty days at least before the first Wednesday of June, or to the secretary of state twenty days at least before said first Wednesday of June, and the sheriff or his deputy shall deliver all such certificates by him re- ceived, into the secretary's office twenty days at least before the first Wednesday of June, Sec. 4. The sheriff or secretary upon the receipt of any such copy, shall give a receipt therefor, if requested. Sec. 5. If any town clerk or sheriff shall neglect to make any return of votes in the manner aforesaid, he shall be punished by fine not exceeding one hundred dollars, lior less than twenty dollars. ClfiAPTER 27. OF THE ELECTION OF REPRESENTATIVES IN CONGRESS. Section 1. Meeting, when to be holden. 2. Return of votes, how made. S. Election, how declared and certified. 4. Proceedings where there is no choice. 5. Certificate and return of votes. Section 6. Election, how declared and certified. 7. Proceedings on third and subsequent trials. 8. Vacancy, how filled. 9. Penalty for neglect to make return. Section 1. The meeting for the choice of representatives hi congress shall be holden on the second Tuesday of March, one thousand eight hundred and forty-three, and on the second Tues- day of March in every second year thereafter. Sec. 2. The return of votes for representatives in congress shall be made out, signed, certified, sealed, directed, transmitted, receipted for, examined and counted at the same time, and in the same man- ner as is herein-before provided for the retm'n of votes for senator. Sec. 3. If any person shall appear to be elected a representa- tive in congress upon such count by a majority of votes, he shall be declared duly elected, and the governor shall forthwith transmit to such person a certificate of such election signed by himself, coun- tersigned by the secretary, and with the seal of the state affixed thereto. Sec. 4. If so many persons as are necessary shall not be elect- ed, the governor, with advice of the council, shall cause precepts to be issued to the selectmen of the several towns requiring them to warn meetings to be holden at the time specified in said precepts, for the choice of so many representatives as may be necessary to fill such vacancy. Sec. 5. The votes given in at any such meeting shall be receiv- ed, sorted, counted, declared, recorded and certified, and the return CHAP. 28.] ELECTION OF ELECTORS. 87 thereof made out, signed, certified, sealed and directed in the man- ner herein-before directed, and the clerk shall transmit the same to the sheriff of the county in which such town lies, within ten days after such meeting, or shall transmit the same to the office of the secretary of state within fifteen days after such meeting ; and every such sheriff shall transmit to the secretary's office all returns of votes by him received as aforesaid, within twenty days after said meeting. Sec. 6. The secretary as soon as may be, shall lay all such re- turns before the governor and council, and the votes shall be exam- ined and counted, and the election of any representative declared and certified, and the certificate thereof made out and transmitted in the manner herein-before directed. Sec 7. If so many persons as shall be necessary shall not be elected upon such second balloting, the governor, with advice of the council, shall forthwith cause new precepts to be issued as aforesaid, directing another meeting to be Avarned and holden to fill such vacancy, and the same proceedings thereupon shall be had as are prescribed in the two preceding sections. The same proceed- ings shall be had, from time to time, so long as may be necessary, until the whole number shall be elected. Sec. 8. If any vacancy in the representation of this State in congress shall occm*, precepts for a new election shall issue and proceedings be had thereon in the same manner, in all respects, as is provided in the three sections preceding ; but if no person shall receive a majority of the votes at the third balloting, the person having the highest number of votes at said balloting, shall be de- clared to be elected and shall receive a certificate thereof accordingly. Sec 9. If any town clerk or sheriff shall neglect to make any return of votes as aforesaid, he shall be liable to the same penalty provided for neglect to make return of votes for senator. CHAPTER 98. OF THE ELECTIOiN OF ELECTORS OF PRESIDENT AND VICE- PRESIDENT. Section 1. Meeting, when to be holden. 2. Returns of votes, how made by clerk. 3. Returns of votes, how made by sheriff. 4. Votes, how counted and declared. 5. Proceedings, when no choice. Section 6. Electors to be notified of their election. 7. Electoral board, how organized. 8. Vacancies in board, how filled. 9. Board, how to proceed in voting. 10. Penalty for neglect to return votes. Section 1. The meeting for the choice of electors of president and vice-president shall be holden on the first Monday of Novem- 88 ELF.CTION OF ELECTORS. [TITLE VI. ber, one tliousand eight hundred and forty-fom-, and on the first Monday of November in every fourth year thereafter, and the gov- ernor shall seasonably issue precepts to the several towns directing them to warn and hold meetings at the time and for the purpose aforesaid. Sec. 2. The return of votes for electors shall be made out, sign- ed, certified, sealed and directed in the same manner herein-before provided for the return of votes for senator, and the town clerk shall transmit the same to the sheriff of the county within seven days after said meeting, or to the office of the secretary of state on or before the last Wednesday but one of the same month. Sec. 3. Each sheriff shall on or before the said Wednesday transmit to the secretary's office all returns of votes to him trans- mitted as aforesaid. The sheriff or secretary to whom such return of votes shall be delivered, shall, if requested, give a receipt therefor. Sec. 4. The secretary shall on the day following the said last W^ednesday but one of November, lay such returns before the senate and house of representatives in convention, to be by them examined and counted. Every person having a majority of votes shall be declared an elector, unless more than the requisite number have such majority, when the requisite number of persons having the highest number of votes, shall be declared electors. Sec 5. If the requisite number of electors shall not be chosen as aforesaid, the senate and house of representatives in convention shall forthwith elect by ballot so many persons, one at a time, as are necessary to complete the requisite number. Sec. 6. The governor shall cause the several persons who may be chosen electors,, to be notified forthwith of their election, and re- quest their attendance at the state house in Concord, on the Tuesday next preceding the first Wednesday of December then next, at ten of the clock in the forenoon. Sec 7. The electors chosen as aforesaid shall meet at the state house in Concord, on said Tuesday, and by twelve o'clock at mid- day of said day, give notice to the legislature of the number of electors present, who accept said office. Sec 8. If the requisite number of electors are not present, or do not accept, the senate and house of representatives shall imme- diately meet in convention, and by joint ballot elect the number wanting to complete the board, and if any person so chosen do not accept, the convention shall immediately fill such vacancy. Sec 9. The electors shall give their votes for president and vice- president of the United States at Concord, on said first Wednes- day of December, and shall proceed therein according to law. Sec 10. If any clerk or sheriflf shall neglect to make return of votes in the manner aforesaid, he shall incur the same penalty as in case of neglect to return votes for senator. CHAP. 29. ELECTIOiN OF REPRESENTATIVES. 89 CHAPTER 29. OF THE ELECTION OF REPRESENTATIVES IN THE GENERAL COURT. of towns not classed. Section 1. Meeting, when to be holden. 2. Certificate of election, form, &c. 3. Wlio arc ratable polls. 4. Towns specially authorized, duly. 5. List of towns so authorized. OF CLASSED TOWNS. 6. Meetings, when to be holden. Section 7. Meetings, where to be holden. 8. Meetings, how to be warned. 9. List of voters to be posted, &c. 10. Sessions for correcting list. 11. Corrected list, copy to be filed. 12. Proceedings at such meetings. 13. Proceedings when no town clerk. 14. Neglect to warn meeting, penalty 1.5. List of towns so classed. OF THE ELECTION IN TOWNS NOT CLASSED. Section 1. The meeting for the election of representatives to the general court, in towns not classed, shall be holden on the second Tuesday of .March annually; but if the election of the re- quisite number shall not be effected on that day, the meeting may be adjourned to and the election of the number deficient made on the following day, but not afterwards. Sec 2. The certificate of election shall be made out, certified and signed in the same manner as the return of votes for governor, and the town clerk shall also certify that the check list was duly posted and used during the balloting on which such representative was chosen ; the number of ratable polls in such town ; and the number of voters upon the check list as corrected on the day of such annual meeting. Sec. 3. In determining the number of representatives to which any town is entitled, every male inhabitant of the age of twenty- one years and upwards shall be considered a ratable poll. Sec. 4. The clerk of every town specially authorized to send a representative to the general court, shall note on the margin of the certificate of election the time when such authority was given. Sec 5. Each of the following towns and places not having the constitutional number of ratable polls, may send a representative to the general court, until otherwise ordered, viz : Atkinson, East Kingston, Greenland, Newington, Newtown, Hampton Falls, Poplin, South Hampton, Madbury, Middleton, Centre Harbor, Brookfield, Allenstown, Brookline, Litchfield, Sharon, Temple, Gilsum, Roxbury, Sullivan, Surry, Langdon, Benton, Hebron, Orange and Dalton. 12 90 ELECTION OP^ REPRESENTATIVES. [tITLE VI. OF THE ELECTION IN CLASSED TOWNS. Sec. 6. The meeting for the election of the representatives. of any classed towns may be holden on any day in March except the second Tuesday thereof. Sec 7. Such meeting shall be called by warrant under the hands and seal of the selectmen of the town wherein the meeting is by law to be holden for that year, retiuiring the inliabitants of xsaid classed towns qualified to vote for senator, to meet at a certain place in said town, and at a certain hour therein mentioned, and expressing the purpose of such meeting. Sec. 8. The selectmen shall post up an attested copy of such Avarrant at some public place in each of said towns, fifteen days at least before such meeting, and return such warrant, with their do- ings thereon, at the time and place of said meeting. Sec. 9. The selectmen of the town wherein such meeting is by law to be holden, shall lodge with the clerk thereof, and cause to be posted up at some public place in said town, at least fifteen days previous to said meeting, an alphabetical list of all the legal voters of said town, and shall at said meeting enter on said list the name of every legal voter which shall be upon the list of voters of any town classed therewith. Sec 10. The selectmen of each classed town shall hold sessions for the correction of the list of voters in the manner herein-before provided for other towns, giving at least seven days' notice there- of; but no session shall be holden for such purpose on the day of the election, except in the town in which such election is to be holden. Sec 11. An attested copy of the check list, as corrected by the selectmen of each classed town, shall be filed by them with the town clerk of the town in which such meeting is to be holden, before the opening of such meeting, or in his absence with one of the selectmen. Sec 12. At such meeting a moderator shall be chosen, and said moderator and the selectmen and clerk of the town wherein such meeting is holden, and the legal voters of each town present, shall have the same rights and powers, perform the same duties, and be subject to the same liabilities and penalties, as if such meeting were a legal meeting of the inhabitants of one town only. Sec 13. If there shall be no clerk of the town in which such meeting is to be holden, or in case of his absence, the legal voters of such town present shall choose a clerk of the meeting, who shall be sworn and shall peribrm the duties by law required of town clerks in town meetings, shall keep a fair record of the proceedings of the meeting, and shall transmit the same duly cer- tified, to the clerk of said town as soon as one shall be elected, who shall record the same in the book of records of tlic town where- in such meeting: is holden. CHAP. 30.] ELECTIONS GENERAL PROVISIONS. 91 Sec. 14. If any selectman or town clerk shall neglect to per- form any duty required of him by this chapter, he shall be punish- ed by fine not exceeding fifty dollars. Sec. 15. The following towns and places, not having the con- stitutional number of ratable polls each, are hereby classed for the election of representatives to the general court in the following manner, and each class may send one representative annually, viz : Carroll, Nash and Sawyer's Location, Hart's Location and Craw- ford's Grant ; Jackson and Pinkham's Grant ; Pittsburg, Clarksville, Dixville, Millsfield and Errol ; Franconia and Lincoln ; Berlin, Gor- ham and Shelbm-ne ; Randolph and Jefferson ; Northumberland and Stratford ; Milan, Stark and Dummer ; Danville and Sandown ; Windsor and Bennington ; Woodstock and Ellsworth ; Albany and Chatham. CHAPTER 30. GENERAL PROVISIONS CONCERNING ELECTIONS. Section 1. Neglect to return votes prosecuted. 2. Penalties, how recoverable. 3. Limitation of prosecutions. 4. Town clerk may be required to correct his record or return of votes. 5. Penalty for neglect to amend, &c. Section 6. Penalty for betting on elections. 7. What is a bet or wager. 8. Money or property so lost may be recovered back. 9. Fees for return of votes. Section 1. The secretary of state shall, within thirty days after any default in the retiu-n of votes, certify the same to the solicitor of the county, which certificate shall be prima facie evidence of such default, and the solicitor shall prosecute every person guilty of such default. Sec. 2. All fines and penalties accruing under the six preceding chapters for any default or offence, may be recovered by indictment or information, and shall be appropriated one half to the use of the prosecutor, and the other half to the use of the county. Sec 3. No prosecution shall be sustained unless commenced within one year after the commission of the offence. Sec. 4. If the clerk of any town or place shall make an incor- rect or insufficient record or return of the votes given therein at any meeting for any of the officers aforesaid, the tribunal by whom said votes are opened and counted, may require said clerk at his own expense to come in and amend said record or return according to the facts of the case. Sec. 5. If any clerk shall neglect or refuse to appear and amend as aforesaid, he shall be punished by a fine of fifty dollars, to be 92 TOWNS AND TOWN OFFICERS. [tITLE VII. recovered by indictment or information in the county in which such dehnquent resides. Sec. 6. If any person shall make or accept any bet or wager of money, goods or property of any kind whatever, upon any election for any jivd^lic officer, or upon the event or result of such election, or upon any of the proceedings thereof, or if any person shall re- ceive any money, goods or other thing, the same having been won upon any such bet or wager, he shall forfeit and pay a snm equal to double the amount of the money or value of the goods or pro- perty so received, bet or wagered, to the use of the person who first sues therefor. Sec. 7. Any contract or agreement made or entered into for the purchase, sale, loan or use of any money, or property real or per- sonal, the terms of which are made to depend upon or are to be varied or affected by any such election, or by the event or result thereof, or of any of the proceedings thereof, shall be deemed to be a bet or wager within the meaning of this chapter. Sec. 8. If any person shall receive any money or property won by him upon any bet or wager as aforesaid, he shall be liable therefor to the person losing the same, in an action of assumpsit, trover, or other form proper to recover the same. Sec. 9. The fees of sheriffs for the return of votes to the secre- tary of state shall be ten cents per mile travel each way from the place of their residence to the capitol in Concord, estimating toll bridges as three miles travel each, but allowing only one travel for all returns made annually ; and the secretary, on proper evidence thereof, may pay the same and present his account thereof to the governor, who shall, by and with the advice and consent of the council, draw his warrant on the treasurer therefor. TITLE VII. OF TOWNS AND TOWN OFFICERS. Chapter 31. Of the powers of towns. Chapter 32. Of warning town meetings. Chapter 33. Of the government of town meetings. Chapter 34. Of the choice of town officers. Chapter 35. Of the oaths of town officers. Chapter 36. Of vacancies in town officers. Chapter 37. Of town lines. Chapter 38. Of unincorporated places. CHAP. 31.] POWERS OF TOWNS. 93 CHAPTER 31. OF THE POWERS OF TOWNS. Section 1. Towns are bodies corporate. 2. Parishes declared to be towns. 3. Towns may hold property and make contracts. 4. Towns may raise taxes for certain pur- poses. Section 5. Towns may raise miiiisterial taxes. 6. " may make by-laws as to pru- dential affairs. 7. " may make bj'-laws respecting cattle, &c. 8. By-laws remain in force till annulled. Section 1. The inhabitants of every town in this State are de- clared to be a body corporate and pohtic, and by their corporate name may sne and be sned, prosecnte and defend in any conrt, or elsewhere. Sec. 2. All places incorporated by the name of parishes, with town privileges, are declared to be towns, and entitled to the privi- leges, vested Avith all the powers and subject to all the liabilities of towns. Sec. 3. Towns may purchase and hold real and personal estate for the public uses of the inhabitants, and may sell and convey the same ; and may make any contracts which may be necessary and convenient for the transaction of the public business of the town. Sec. 4. Towns may at any legal meeting grant and vote such sums of money as they shall judge necessary, for the support of schools ; for school-houses ; for the maintenance of the poor ; for lay- ing out and repairing highways ; for building and repairing bridges ; for the repair of meeting-houses owned by the town, so far as to render them useful for town purposes ; and for all the necessary charges arising within the town. Sec. 5. Towns may vote such sums of money as may be neces- sary to fulfil any existing contract made between the town and any settled minister before the first day of July, 1819: provided, no person shall be taxed for the piu-pose of fulfilling such contract, who shall have filed with the town clerk, before the assessment of such tax, a certificate declaring himself not to be of the religious persuasion or opinion of such minister. Sec. 6. Every town may make rules and by-laws for managing and ordering the prudential alfairs of such town, and may annex penalties thereto not exceeding four dollars for one offence, and enuring to such uses as they may direct. Sec T. Any town may make by-laws to prevent horses, mules, asses, neat cattle, sheep and swine from going at large in any street, highway or common, or in any public place in the town, at any time of the year therein provided, on penalty that the owner shall forfeit a sum not exceeding four dollars for any breach thereof. Sec S. By-laws adopted by any town shall continue in force imtil altered or annulled by vote of the town, or by law. 94 WARNING TOWN MEETINGS. [tITLE Vil. CHAPTER 3*^. OF WARNING TOWN MEETINGS. Section 1. Meetings, when to be holden. 2. Warrant, how to be drawn. 3. Articles to be inserted on application. 4. Warrant, how posted by selectmen. 5. Warrant, how served by constable. 6. Towns rnay prescribe other modes. 7. Warrant to be returned. Section 8. Meetings warned in case of death of selectmen. 9. Justice may warn on refusal of se- lectmen. 10. Justice may warn on failure of meet- ing. 11. Form of warrant and proceedings. 12. Neglect to warn meeting, penalty. Section 1. The annual meeting of every town shall be holden on the second Tuesday, or other day, in March annually, for the choice of town officers and the transaction of all other toAvn busi- ness. A town meeting may be warned by the selectmen when in their opinion there shall be occasion therefor. Sec. 2. The warrant for every town meeting shall be under the hands and seal of the selectmen, and shall prescribe the place, day and hour of the meeting. The subject matter of all business to be there acted upon shall be distinctly stated in the warrant, and nothing done at any meeting shall be valid unless the subject thereof was so stated. Sec. 3. The selectmen, upon the written application of ten or more voters or of one sixth of the voters in the town, shall insert in their warrant for the annual, or any other meeting, any subject specified in such application, or shall warn a meeting there- for, if requested in such application. Sec. 4. The selectmen may address their warrant to the inhabi- tants of the town qualified to vote in town affaii-s, in which case they shall post up an attested copy of such warrant, at the place of meeting, and a like copy at one other public place in the town, fif- teen days before the day of meeting. Sec 5. Warrants for town meetings may be directed to a consta- ble of such town, requiring him to notify the inhabitants : and such constable shall post up an attested copy of such warrant, as pro- vided in the preceding section. Sec 6. Any town may, by vote, prescribe a dilferent method of warning meetings ; and tlie meetings warned in pursuance of such vote shall be legal and valid. Sec 7. The selectmen, or the constable servhig any warrant, shall return the same at the time and place of meeting, with a cer- tificate of the service thereof, to the town clerk, or in liis absence to one of the selectmen. Sec. 8. In case of the death or removal of any of the select- men of a town, the major part of those who remain in office shall have power to warn meetings. CHAP. 33.] GOVERNMENT OF TOWN MEETINGS. 95 Sec. 9. If the selectmen shall unreasonably neglect or refuse to warn a meeting, or to insert any article in their warrant, a justice of the peace, upon application in writing of one sixth part of the voters of such town, may issue a warrant for such meeting. Sec. 10. If the annual meeting in any town shall not have been holden, or if there has never been any legal meeting of such town, a justice of the peace, on application of ten voters or of one sixth part of the voters of the town, may issue a warrant for such meet- Sec. 11. The wai'rant of a justice of the peace for a town meet- ing shall be under his hand and seal, directed to a constable of the town, if any there be, otherwise to one of the voters applying ; shall specify the time, place and object of such meeting, and shall be served and returned in the same manner as warrants issued by selectmen. Sec. 12. If any selectmen shall neglect to issue a warrant for the holding of meetings for the choice of state, county or town officers, electors of president and vice-president of the United States, and representatives in congress ; or shall neglect to cause copies of such warrant, if not directed to a constable, to be duly posted up, or notice of such meeting to be given agreeably to any vote of the tov/n, they shall for each olfence forfeit the sum of fifty dollars, one half to the use of the town, the other half to any person who may sue for the same. CHAPTER 33. OF THE GOVERNMENT OF TOWN MEETINGS. Section 1. Selectmen to preside. 2. When justice to preside. 3. Moderator, his duties. 4. Poll of voters. Section 5. Speaking in town meeting. 6. Disorders, how corrected. 7. Constables to obey moderator. Section 1. At every town meeting, the first or senior selectman present, and if no selectman be present, the town clerk shall pre- side until a moderator is chosen, and shall have the powers and perform the duties of moderator. Sec 2. When there are no selectmen or town clerk of the town, it shall be the duty of the justice calling such meeting to attend and preside until a moderator is chosen. Sec 3. At every town meeting a moderator shall be first chosen by ballot, by a majority of votes, who shall be sworn, and shall preside in and regulate the business of the meeting ; may prescribe 96 CHOICE OF TOWN OFFICERS. [xiTLE VII. rules of proceeding therein, which may be ahered Ly the town ; shall decide all questions of order and make a public declaration of all the votes passed. Sec. 4. When any vote declared by the moderator shall imme- diately, and before any other business is commenced, be questioned by seven or more of the voters present, the moderator shall make the vote certain by a poll of the voters. Sec. 5. No person shall speak in any meeting, without leave of the moderator, nor when any person is orderly speaking ; and all persons shall be silent at the desire of the moderator, on pain of forfeiting one dollar for each offence, for the use of the town. Sec. 6. If any person shall conduct in a disorderly manner, and after notice from the moderator shall persist therein ; or shall in any way disturb the meeting or wilfully violate any rule of pro- ceeding therein, the moderator may command any constable or any legal voter of such town to carry such disorderly person out of the meeting and detain him until the business of the meeting is finished. Sec. 7. Every constable shall obey the orders and commands of the moderator for the preservation of order, and may command such assistance as is necessary ; and if any constable shall neglect to perform any of the duties imposed by this or the preceding chapter, he shall forfeit the sum of forty dollars, one half for the use of the town, the other half to any person who will sue for the same. CHAPTER 34. OF THE CHOICE OF TOWN OFFICERS. Section 1. Town clerk, choice and duties. 2. Selectmen, " " " 3. Assessors, " " " Section 4. Agents, overseers, &c. 5. Constables, and other officers. 6. Term of office. Section 1. Every town at the aimual meeting shall choose by ballot and by major vote a town clerk, Avhose duty it shall be to record all votes passed by the town while he may remain in office, and to discharge all the duties of the office according to law. Sec. 2. At such meeting three or more selectmen, not exceeding nine, shall be chosen by ballot and by major vote, who shall man- age all the prudential affairs of the town, and shall perform all the duties by law prescribed. A majority of the selectmen shall be competent to act in all cases. Sec 3. Any town may choose assessors by ballot and by ma- CHAP. 35] OATHS or TOWN OFFICERS. 97 jor vole, who shall constitute, with the selectmen, a joint board for the assessment of taxes ; and all questions arising at such board shall be decided by a major vote of the joint members thereof. Sec. 4. Any town may choose, by major vote, one or more agents, overseers of the poor, a treasurer, firewards and health offi- cers. If such officers are not chosen, the selectmen shall discharge the duties and have the powers of those offices. Sec. 5. Every town may choose, by major vote, one or more constables ; one or more collectors of taxes ; surveyors of high- ways ; fence-viewers ; a clerk of the market ; sealers of weights and measures ; hog-reeves ; a pound-keeper ; measurers of wood ; surveyors of lumber ; cullers of staves ; and every other officer who may be directed by law to be chosen, and such other officers as they may judge necessary for managing their affairs, who shall severally perform the duties prescribed by law. Sec. 6. All town officers shall continue in office until the next annual meeting for the choice of town officers, and until others shall be chosen and sworn in their stead, except in cases where the law shall otherwise direct. CHAPTER 35. OF OATHS OF TOWN OFFICERS. Section 1. Town officers to be sworti. 2. Form of oath. 3. Moderator to notify officers. 4. Town clerk to notify officers. 5. Penalty for neglect of constable to no- tify. Section 6. Penalty for neglect of officer to take oath. 7. When excused fro'm penalty. 8. Oaths to be recorded. 9. No one compelled to serve two years nor as collector. Section 1. Every town officer shall take the oath of office by law prescribed before the moderator, the town clerk, one of the selectmen or a justice of the peace, who are hereby authorized to administer such oath. Sec 2. The form of the oath to be administered to town officers shall be : " You do solemnly swear that you will faithfully and impartially discharge and perform all the duties incumbent on you as a , according to the best of your abilities, agreeably to the rules and regulations of the constitution and laws of the State of New Hampshire. So help you God.^' Sec 3. Any person chosen to any office may be notified by the mod(;rator, town clerk or one of the selectmen, in open meeting, to take the oath of office ; and such person, if present, shall imme- 13 98 OATHS OF TOWN OI'FICERS. [t1T[.F. VII. diately, in open meeting, take such oath or declare his refusal : and any person so chosen and notified not exempt from serving in such office, who shall refuse or neglect for one hour to take such oath, shall incur a penalty of five dollars, one half for the nse of the tOAvn, the other half for the use of any person who will sue for the same. Sec. 4. The town clerk shall forthwith, after the choice of any town officers, by a precept under his hand, direct a constable to notify the persons so chosen, whose names and the offices to which they are chosen shall be designated therein, to appear before him within six days from the day of the notice given, and take the oath by law prescribed ; and the constable shall within four days give personal notice to the persons therein named, or leave a notice in writing at the usual place of abode of each of them, and make re- turn of such precept and his doings therein to such town clerk within ten days. Sec. 5. Any constable neglecting his duty in any of the forego- ing particulars, shall incur a penalty of five dollars, one half to the nse of the town, the other half to the use of the person who will sue for the same. Sec. 6. Every person so chosen and notified, not by law exempt from serving therein, who shall neglect for six days after personal notice, or after notice left at his usual place of abode, or after his return in case he was absent when such notice was left, to appear before said town clerk and take such oath, shall incur a penalty of five dollars, to be recovered and appropriated as in the preceding section. Sec 7. Any person so chosen and notified, who shall take the oath of office before one of the selectmen or a justice of the peace, and file a certificate thereof with the town clerk within said six days, shall be exempted from said penalty. Sec. 8. The town clerk shall make a record of every oath of a town officer taken in open town meeting at the time of the elec- tion, and of every such oath taken before him at any other time and place, the import of which record may be that the officer took the oath of office prescribed by law, and he shall record and keep on file every certificate filed with him pursuant to the preceding section. Sec. 9. No person shall be obliged to serve in any town office two years successively, nor shall any person in any case be com- pelled to serve as a collector of taxes. CHAP. 36.] VACANCIES IN TOWN OFFICES. 99 CHAPTER 36. OF VACANCIES IN TOWN OFFICES. Section 1. Town may elect to fill vacancies. 2. Powers of officers so chosen. 3. Selectmen may appoint collector, in what cases. 4. Collector to give bond ; otherwise office vacant. Section 5. Town may fix collector's compensa- tion. 6. Selectmen may appoint officers. 7. Selectmen may appoint treasurer. Section 1. When any person elected to any town office, shall not accept the same, or shall die, resign, remove from town, or become insane in the judgment of the town, or when no annual meeting shall have been holden for the choice of town officers, or no choice has been made, or when there shall be a vacancy in any other way, the town may choose such officer at any legal meeting holden for that purpose, or at the adjournment of the annual meeting. Sec. 2. The powers, duties and liabilities of every officer so cho- sen, shall be the same as if he was chosen at the annual meeting ; and he may take up the business appertaining to his office where his immediate predecessor left it, and proceed to the fall execution of the same. Sec. 3. Where any town shall neglect or refuse to choose a col- lector of taxes, or to ffil a vacancy in that office, or where any town shall by a vote at their annual meeting so direct, the select- men may appoint a collector or collectors of taxes, whose powers, duties and liabilities shall be the same as those of collectors chosen by the town. Sec. 4. Every collector or constable shall within six days after his election or appointment give a bond, with sufficient sureties to the acceptance of the town or of the selectmen, for the faithful performance of the duties of his office, and in default thereof the office shall become vacant. Sec. 5. Every town may, at their annual meeting, determine by vote or otherwise, the rate or amount of compensation to be allow- ed the collector of taxes for his services ; and whenever the select- men shall appoint a collector, they shall make a written agreement as to such compensation, which shall be signed by the selectmen and collector. Sec. 6. Whenever a vacancy shall occur in any town office other than that of selectmen, the selectmen may iiiAvriting appoint some suitable person to the office, "who shall be sworn ; and his ap- pointment and a certificate of such oath being recorded in the records of the town, he shall have the powers, perform the duties and be subject to the liabilities of such office until another person shall be chosen and qualified ; and it shall be the duty of the se- 100 TOWN LINES. [title VII. lectmen without delay so to appoint a town clerk, whenever a vacancy shall occur in that office. Sec. 7. The selectmen being authorized by vote of the town, shall appoint a treasurer within fourteen days after their election, and fix his compensation by a written contract. Such treasurer shall be sworn, shall give bonds for the faithful discharge of his duties, to the satisfaction of the selectmen, and shall hold his office during their pleasure. CHAPTER 37. OF TOWN LINES. Section 1. West line of towns on the Connecti- cut. 2. Lines to be perambulated. 3. Returns of perambulations. Section 4. What towns to give notice. 5. Penalties for neglect of duty. 6. Court of common pleas to determine disputed lines. Section 1. The northerly and southerly lines of towns adjoin- ing Connecticut river, are continued and extended across said river to the westerly line of the State, and the west line of the State is declared to be the western boundary of such towns. Sec. 2. The lines between the towns in this State shall be per- ambulated, and the marks and bounds renewed once in every seven years forever, by the selectmen of such towns, or by such person as they shall in writing appoint for that purpose. Sec 3. A return of such perambulation shall be made, particu- larly describing the courses and distances, and the marks and mon- uments of such line ; which shall be signed by the selectmen or persons making the same, and recorded in the respective town books. Sec. 4. The selectmen of the town first incorporated, or, if both were incorporated on the same day, of the town which is highest in the proportion of public taxes, shall give to the selectmen of the town adjoining, notice of the time and place of meeting for such perambulation, ten days before the day of meeting. Sec, 5. If the selectmen whose duty it is to give such notice, shall neglect to notify as aforesaid, or shall neglect to attend agree- ably to such notice ; or, if the selectmen of any town after being duly notified, shall neglect to attend ; or if any selectmen shall neglect to cause a return of such perambulation to be made and recorded as aforesaid, each selectman so neglecting shall forfeit twenty dollars, one half for the use of the town whose selectmen have done their duty, and the other half to the use of such of said selectman as shall sue for Ihe same. CHAP. 38.] TAXES. 101 Sec. 6. When the selectmen of adjoining towns shall disagree in renewing and establishing the lines and bounds of such towns, the court of common pleas for the county in which the town first incorporated, or paying the highest tax as aforesaid, is situate, upon petition and after notice to the other town interested, shall, by themselves or a committee for that purpose, examine said disputed lines, and their decision thereon shall be final, and the court may order either or both towns to pay the costs, as they may thuik just. CHAPTER 38. OF UNINCORPORATED PLACES. Section 1. All places unincorporated, which shall be required to pay any public tax, are invested with the powers of towns relating to the choice of moderator and clerk, of selectmen, assessors and collectors ; and all the provisions of the laws applicable to towns and town officers, are extended to such unincorporated places and their officers, so far as they relate to meetings for the choice of such officers, and to their election, powers, duties and liabilities, and so far as they relate to public highways, the assessment and collection of public taxes, and the perambulation of the lines of such places. TITLE Till. OF TPIE ASSESSMENT AND COLLECTION OF TAXES. Chapter 39. Of persons and property liable to taxation. Chapter 40. Where and to whom persons and property shall be taxed. Chapter 41. Of the annual invoice of polls and taxable property. Chapter 42, Of the appraisal of taxable property. Chapter 43. Of the assessment of taxes. Chapter 44. Of the abatement of taxes. Chapter 45. Of the collection of taxes of residents. Chapter 46. Of the collection of taxes of non-residents. Chapter 47. Of the collection of taxes by sheriffs. Chapter 48. Of extents. 102 PERSONS AND PROPERTY. [title VIII. CHAPTER 39. OF PERSONS AND PROPERTY LIABLE TO TAXATION. Section 1. Male polls. 2. Real estate. 3. Personal property. 1. Stock in funds. 2. " in corporations. 3. Money on hand and on interest. 5. Stock in trade. Section 3. 5. Carriages. 6. Horses. 7. Neat cattle. 8. Sheep. 4. Railroads, how taxed. 5. Tax, how distributed. 6. Statement of shares to be furnished. Section 1. All male polls, from twenty-one to seventy years of age, are liable to be taxed, except paupers and insane persons. Sec. 2. All real estate, except houses of public worship, school houses, seminaries of learning and property of the State and comity, whether improved or unimproved, and whether owned by residents or others, is liable to be taxed ; buildings, mills, carding machines, factory buildings and machinery, wharves, ferries, toll bridges, locks and canals, shall for the purpose of taxation be deemed real estate. Sec 3. Personal property liable to be taxed is : 1. Stock in public funds : 2. Stock in all corporations in this State, except manufacturing and railroad corporations, and stock in any corporation out of this vState if not there assessed ; provided that in either case a dividend or income is or may be derived from said stock, and notwithstanding such stock is mortgaged, pledged or otherwise conveyed as security : 3. Money on hand or at interest, more than the owner pays interest for ; including money deposited in any bank or savings institution, or loaned on any mortgage, pledge, obligation, note or other security whatever, whether on interest or interest be paid or received in advance : 4. Stock in trade, whether of merchants or shopkeepers, mecha- nics or tradesmen, employed in their trade or business, reckoning the same at the average value thereof for the year ; all raw mate- rials and manufactures of any manufactory ; all wood, timber, logs and lumber, manufactured or otherwise, if exceeding fifty dollars in value, shall for the purpose of taxation be deemed stock in trade : 5. All carriages, if exceeding fifty dollars in value : 6. All horses, asses and mules, over eighteen months old : 7. All oxen, cows and other neat stock, over eighteen months old : 8. All sheep over six months old. Sec 4. Every railroad corporation shall pay to tlie treasurer of the State on or before the second Wednesday of June annually, one per cent, on the value, on the first day of January preceding, of that part of its capital stock expended within this State, to be deter- mined by the certificate of the justices of the superior court. Sec 5. The treasurer of said State shall assign and distribute in CHAP. 40.] TAXES PERSONS AND PROPERTY. 103 the month of June annually all sums so received by him, in the following manner : 1st. To the several towns in which any railroad maybe located, one fom-th of said one per cent, paid by said railroad corporation ; each town to receive in proportion to the capital stock expended therein for buildings and the right of way : 2d. To the several towns in this State in which stock in any rail- road shall have been owned on the first day of the April next pre- ceding, three fourths of the one per cent, paid by said corporation on the stock owned in such town, upon receiving from the select- men thereof satisfactory evidence that the same was owned in said toAvn on said first day of April ; said three fourths of one per cent, to be by the selectmen of the town receiving the same, appropri- ated in just proportions to the several purposes for which taxes are assessed upon the polls and estates of such stockholders within such town : 3d. The remainder for the use of the State. Sec. 6. It shall be the duty of the agent of every such railroad corporation to transmit to the treasurer of the State, on or before the first day of June annually, a certified statement of the number of shares in such corporation owned in each town in this State on the first day of April annually, and by whom owned, and such other information as may be required to carry out the provisions of this and the two preceding sections. CHAPTER 40. WHERE AND TO WHOM PERSONS AND PROPERTY SHALL BE TAXED. Section 9. If no one in possession, how taxed. 10. Unimproved lands of non-residents. 11. Estates of persons deceased. 12. Estates of wards and trust funds. 13. Persons believed to be inhabitants, to be assessed. 14. When taxes of such to be abated. 15. Lien and remedy of persons taxed for property of others. 16. Keeper of stud horse to give security for tax. 17. Penalty for refusal. Section 1. Every person shall be taxed in the town in which he is an inhabitant or resident on the first day of April, for his poll and estate, except in cases otherwise provided for by law. Section 1. Inhabitants, how taxed. 2. Students at literary institutions. 3. Persons removing from town. 4. Stock in corporation.s. 5. Property of manufacturing and other corporations. 6. Animals and stock in trade kept in any town, there taxed. 7. Property taxed to the person in pos- session. 8. Person in possession refusing, how taxed. 104 TAXES PERSONS AND PROPERTY. [TITLE VIII. Sec. 2. Residence in any town merely for the purpose of obtain- ing an education at any literary institution, shall not subject the person so residing to taxation in such town. Sec. 3. la case any person shall remove from town on or after the first day of April, he shall pay his taxes that year in the town from which he removed. Sec. 4. Stock in banks, insurance and other corporations, except railroad and manufacturing corporations in this State, shall be taxed to the owner thereof in the town in which he resides, if in this State, otherwise to the corporation in the town in which its princi- pal office or place of business in the State shall be kept. Sec. 5. Taxable property of manufacturing corporations in this State, and property taxable to any other corporation, shall be taxed to such corporation by its corporate name in the town or place in Avhich it is situate, except in cases where other provision is made. Sec. G. All animals liable to be taxed kept in any town, and all stock in trade employed in any town, owned by any person not resident therein, shall be taxed in such town, to the owner or person having the care thereof on the first day of April, whether such per- son be a resident in town or not. Sec. 7. All real and personal property shall be taxed to the per- son claiming the same, or to the person who is in the possession and actual occupancy thereof; provided such person will consent to be taxed for the same ; but such real estate shall be taxed in the town in Avhich it is situate. Sec. 8. If any person, not the owner, shall be living on any farm or in any house, on the first day of April, and shall refuse to be taxed for it, the same shall be taxed as resident by the number of the lot or such other description as it is commonly knoAvn by, with the name of the occupant as such ; and all property so taxed shall be holden and liable to be sold in the same manner that the real estate of residents is holden and sold for taxes. Sec. 9. If no person shall be in possession or occupation of any buildings deemed by the selectmen to be tenantable, or of any other real estate improved as pasture, mowing, arable, or otherwise, the same shall be taxed as non-resident by such description as it may be readily known by, with the name of the owner, if known. Sec. 10. Unimproved lands of non-residents shall be taxed in the name of the owner, if known, otherwise in the name of the original proprietor, if known, otherwise without any name and by the number of lot and range, if lotted, and the quantity thereof, or by such other description as it may be readily known by. Sec. 11. Estates of persons deceased may be taxed to the widow, any of the children, heirs or other person who will consent to be considered as in possession thereof, otherwise to the heirs generally of such deceased person. Sec. 12. The real and personal estate of any legatee or ward, and all taxable property held in trust, shall be assessed to the ad- CHAP. 40] TAXES — PERSONS AND PROPERTY. 105 miiiistrator, trustee or guardian, or other jDersou holding such pro- perty in trust ; the real estate in the town in which it is situate, and the personal estate in the town in which such administrator, trustee or guardian may reside, if in this State, otherwise in the town in which such legatee, ward or person heneficially interested, may reside ; provided, however, that stock and all goods and chat- tels shall be taxed in the town in which they are kept. Sec. 13. The selectmen shall assess all persons whom they be- lieve to be inhabitants of the town on the fii'st day of April. If any person so assessed shall tender to the selectmen his affi- davit, stating that before the first day of April he had removed from said town and become an inhabitant of any other specified place, and answer such interrogatories under oath as the selectmen may propose relative to his residence, they may suspend the collec- tion of such tax. Sec. 14. If the person so assessed and examined shall, within one year from said first day of April, produce to said selectmen the certificate, under oath, of the selectmen of any other town, that he was assessed in that town as an inhabitant, and how much, and has paid the tax, and tliat the same is the legal tax for the year upon his poll and whole estate, the first mentioned tax may be abated, otherwise it shall be collected. Sec. 15. Any person or corporation to whom any tax may be legally assessed upon the property of any other person or corpora- tion, shall have a lien upon such property and the income or divi- dends thereof, until such tax is repaid to them, shall be allowed the same upon settlement of their accounts, and shall have a right to recover the same against the owner by action for money paid to his use. Sec 16. The selectmen shall appraise and assess, in all taxes of the year, every stud horse or ass which shall be kept in the town for the use of mares at any time after the first day of April, and may require the owner or person having the care of such animal, to give security to their satisfaction to pay such taxes or produce satisfactory proof, within thirty days, that such animal has been duly taxed in some other town in this State. Sec. 17. If the owner or person having the care of such stud horse or ass, shall neglect or refuse to give such security upon re- quest, he shall forfeit three times the amount of the tax so assessed, for the use of the town. 14 106 TAXES ANNUAL INVOICE. [title VIII. CHAPTER 41. OF THE ANNUAL INVOICE OF POLLS AND TAXABLE PROPERTY. Section 1 . Invoice to be taken in April. 2. Selectmen to give notice. 3. " may make personal appli- cation. 4. Account to be exhibited on oath. 5. Doomage, in case of neglect. 6. Wilful omission, penalty. Section 7. Agents of corporations to give ac- count of taxable property and of shares of non-residents. 8. Doomage, in case of neglect. 9. Acents of corporations to give list of shares and deposits of residents. 10. Penalty for. neglect. Section 1. The selectmen of each town shall annually, in the month of April, take an invoice of all the polls and property liable to be taxed in snch town on the first day of the same month. Sec 2. The selectmen may seasonably give notice of the time and place appointed by them to receive an accomit of the polls and taxable property in snch town, by posting up advertisements at some public place or places in such town, or in any other manner the town may at any legal meeting direct. Sec. 3. The selectmen or either of them may make personal application to the respective inhabitants of the town, to any person having the care of personal property taxable therein, and to the officers of any corporation, for an account of the polls and ratable estate for Avhich they are liable to be taxed. Sec. 4. All persons liable to be taxed in such town, shall exhibit to the selectmen, at the time and place appointed by them, or upon such personal application, a true account of the polls and estate for which they are there taxable, either in their own right or otherwise, on oath, if required by either of the selectmen, which oath either of the selectmen may administer. Sec 5. If any person shall neglect or refuse, after due notice given as aforesaid, or when called upon by any selectman, to give such account, the selectmen shall set down to such person, by way of doomage, as much as they judge equitable, which shall be con- clusive in all cases, unless the party shall show, by his statement under oath, that it was not in his power to exhibit such statement. Sec 6. If any person in giving to the selectmen such account, shall wilfully omit any part of the estate for which he is taxable, the selectmen may, upon discovery of the fraud, assess such person in all taxes of that year four times as much as such estate, if given in, would be legally taxable. Sec 7. The cashier, treasurer, agent or other principal offi- cer of every bank, savings institution, insurance company or other corporation, shall, on application in person or by writing by any selectman, fmnish at the principal place of business of such corporation, an account in writing, on oatli if required, of all the CHAP. 42.] TAXES APPRAISAL. 107 ratable estate of such corporation, and a like account of all shares and deposits therein which are owned by any person resident, or corporation established out of the State, Avithin four days after such application. Sec. 8. If such officer of any corporation as aforesaid shall ne- glect or refuse, upon application, to give such account of its ratable estate, such corporation may be doomed in the same manner as individuals ; and if any such property shall be wilfully omitted in such account, such corporation may be assessed four ibid therefor, in the same manner as individuals are liable. Sec. 9. The cashier or other principal officer of every bank or other corporation as aforesaid shall, upon such application, furnish a like account of all shares or deposits therein, owned by any in- habitant of the town of which the person applying is selectman^ and the value thereof, whether mortgaged or pledged, or not, within four days after such application is made. Sec 10. If any such officer or agent shall Avilfully neglect or refuse to furnish as aforesaid, any such account as is required in this chapter, he shall forfeit a sum not less than one hundred nor more than four hundred dollars, for the use of such town. CHAJPTER 43. OF THE APPRAISAL OF TAXABLE PROPERTY. Section 1. Selectmen to appraise. 2. Several interests and timber to be ap- praised separately. Section 3. Manner of making invoice. 4. Deduction from invoice of insane per- sons. Section 1. The selectmen shall appraise all taxable property at its full and true value in money, and shall receive and consider all such evidence as may be exhibited to them relative to the value of shares in corporations and other property, the value of which can- not be determined by personal examination. They shall deduct from the appraised value of shares in any corporation a just propor- tion of the value of any estate of such corporation which shall be legally taxed elsewhere, upon satisfactory evidence thereof under oath. Sec. 2. Whenever it shall be made to appear to the selectmen that several persons are owners of several interests in the same real estate, or that one person is tlie owner of land and another is the owner of any building, timber or wood standing thereon, they shall, upon request, appraise such several interests and assess the same to the several owners thereof separately. Sec 3, The selectmen shall set down in their invoice, in sepa- 108 ASSESS.MEi\T OF TAXES. [title VIII. rate columns, the value of improved and unimproved land ; of buildings not specially designated ; mills and carding machines ; factories and their machinery ; wharves ; ferries ; toll bridges ,• locks and canals ; the value of stocks in public funds ; of shares in'banks and other corporations ; the amount of money on hand, at interest or on deposit ; stock in trade ; the value of carriages ; the number and value of horses, asses and mules; of cows, oxen and other neat stock; and of sheep. Sec. 4. The selectmen shall make such deductions from the ap- praised value of the property of insane persons as they shall think just and reasonable, whenever it shall appear that the income of their estates is not sufficient to support them. CHAPTER 43. OF THE ASSESSMENT OF TAXES. Section 1. Taxes assessed upon the invoice. 2. Unimproved lands may be exempted. 3. Selectmen to assess taxes. 4. Five per cent, may be assessed above the tax. Section 5. Several taxes may be included in one assessment. 6. Record of the invoice and taxes. 7. Returns to state and county treasurers. 8. Collector's list and warrant. Section 1. All taxes for the year following shall be assessed upon the invoice made as aforesaid, estimating each poll at one dol- lar and fifty cents, and taxable property at the rate of fifty cents on each hundred dollars of its appraised value. Sec. 2. Any town may at their annual meeting, an article for that purpose being inserted in the warrant, exempt unimproved lands of non-residents from any tax or part thereof Sec 3. The selectmen shall seasonably assess all state and coun- ty taxes for which they shall have the warrants of the state and county treasurers respectively ; all taxes duly voted in their towns; and all school and school house taxes authorized by law or by vote of any school district, duly certified to them. Sec 4. In assessing such taxes the selectmen may assess a sum not exceeding five per cent, more than the amount of such tax, to answer any abatements that may be made, which shall be paid into the town treasury, for the use of the town. Sec 5. The selectmen may include in one assessment the state, county, town and school taxes, or so many of them as may be found convenient. Sec 6. A fair record shall be made of every invoice taken by the selectmen, and of all taxes by them assessed, in a book of records of the doings of the selectmen in their ofiice, which shall be the property of the town ; and such invoice and assessments or a CHAP. 43 COLLECTION OF TAXES. 109 copy thereof shall, prior to the first day of July, be left with the town clerk and recorded by him ; and both of said records shall be open to the inspection of all persons. Sec. 7. The selectmen shall seasonably make a return to the state and county treasurers of the names of the collectors of their respective towns, with the date of their warrants, with the amount they are required to pay to such treasurers respectively, and at what times. Sec. 8. A list of all taxes by them assessed shall be made by the selectmen, under their hands, with a warrant under their hands and seal, directed to the collector of such town, requiring him to col- lect the same and to pay over to the state and county treasurer, and to the selectmen or town treasurer, such sums at such times as may be therein prescribed. CHAPTER 44. OF ABATEMENT OF TAXES. Section 1. Abatement by selectmen. Section 2. Abatements by court. Section 1. Selectmen, for good cause shown, may abate any tax assessed by them or their predecessors. Sec 2. If they shall neglect or refuse, any person conceiving himself aggrieved, having first complied with the provisions con- tained in sec. 4, chapter 41, of this title, may, within nine months after notice of such tax, and not afterward, apply by petition to the court of common pleas in the same county, who shall make such order thereon as justice may require. CHAPTER 45. OF THE COLLECTION OF TAXES OF RESIDENTS. Section 1. Collector's powers. 2. Collector to give notice of taxes. 3. " " " to corporations, 4. Distress on delinquent's goods. 5. Articles exempt from distress. 6. Notice and sale of goods distrained. 7. Account of sale given to owner. Section 8. Arrest for taxes, when made. 9. Copy of warrant left with jailer. 10. Collector's power, if person removes. 11. Collector's fees. 12. Taxes against corporations, how col- lected. 13. Real estate holden for tax. 110 COLLECTION OF TAXES. [title VIII. Section 14. Notice of sale of real estate, 15. Sale of real estate, mode. 16. Liability of collector limited. Section 17. Discount may be made by towns. 18. Time of notifying, towns may direct. 19. Collector's deputies, when appointed. Section 1. Every collector in the collection of the taxes com- mitted to him to collect, and in the service of his warrant, shall have the powers by law vested in constables in the service of civil process, which shall continne until all the taxes in his list are col- lected. Sec. 2. The collector shall give notice of such tax to every per- son taxed, or leave a notice thereof in writing at his usual place of abode, fourteen days at least before he shall distrain therefor, unless in cases where he has reason to believe such person is about to re- move from town. Sec. 3. The collector shall give the same notice, in writing, of all taxes assessed against any corporation, to the cashier, treasurer or some principal officer of such corporation. Sec. 4. Upon neglect or refusal of any person or corporation to pay the taxes assessed on them, the collector may distrain the goods and chattels of such person or corporation. Sec. 5. No distress shall be made of any person's tools or im- plements necessary for his trade or occupation, nor of his arms or utensils of household necessary for upholding life, nor of bedding or apparel necessary for him or his family. Sec. 6. The collector shall keep the property distrained four days, at the cost of the owner. If the tax, cost and charges are not then paid, he shall post up in two or more public places in the town where the sale is to be, twenty-four hours before the time of sale, a notice of the place, day and hour of sale, Avith a particular description of the property to be sold ; and at the time and place appointed, which shall be in the town where the distress is made, between the hours of ten in the forenoon and six in the afternoon, and within forty-eight hours after the expiration of said four days, shall sell the same at public auction to the highest bidder. Sec. 7. A particular account in writing of the taxes of the de- linquent, the collector's fees, and the charges of keeping and sale ; and the amount of sale of each article, with the overplus, if any, after deducting said taxes and charges, shall be delivered immedi- ately upon such sale to the owner, or be ready to be delivered to liim upon request. Sec. 8. For want of goods and chattels whereon to make dis- tress, the collector may take the body of any person neglecting or refusing to pay the tax assessed against him, and commit him to the common jail. Sec. 9. In such case the collector shall give to the jailer an at- tested copy of his warrant, and thereupon certify the sums such person is taxed in his list, and that he has taken his body for want of goods and chattels whereon to make distress ; and the jailer CHAP. 45.] COLLECTION OF TAXES. HI shall receive and detain such person in his custody until he pays such tax, costs of commitment and charges of imprisonment, or be otlierwise discharged tliereof by due course of law. Sec. 10. In case of removal from town or of an assessment upon the personal property of non-residents, the collector may dis- train the property, or arrest the body of any person named in his list, wherever such person or his property may be found. Sec. 11. Collectors shall be entitled to the same fees for the col- lection of taxes by distress and sale, or for arresting or commit- ting any person to jail, as sheriffs are entitled to receive for like services upon civil process. Sec. 12. The real and personal property of corporations shall be liable to be taken and sold for taxes in the same manner as the property of individuals ; and the franchise of taking toll may be taken and sold for taxes in the same manner as the same may be sold on execution. Sec. 13. The real estate of every person or corporation against whom any tax may be assessed, shall be holden for such tax for one year from the first day of June following, and may be sold by the collector in case such person shall die or remove from town and leave there no personal estate on which distress can be made, or in case such person or corporation shall neglect or refuse to expose goods and chattels whereon distress may be made. Sec 14. The collector shall give notice of such sale by posting up advertisements thereof in two or more public places in the town, at least six weeks before the sale, in which shall be stated the name of the owner or of the person to whom the same was taxed, and also the name of the occupant, if any, at the time of posting such notice, the amount of the tax, and the place, day and hour of the sale. Sec 15. The powers and duties of the collector in relation to such sale ; the time, place and manner of the same ; the poAvcrs and duties of the collector and town clerk in relation to the pro- ceedings subsequent thereto ; the fees of the collector and town clerk, and the rights of the owner in relation to the redemption thereof ; shall be the same as are prescribed by the law relating to the sale of the estates of non-residents. Sec It). No person to whom any list of taxes shall be commit- ted for collection, shall be liable to any suit or action by reason of any irregularity or illegality of the proceedings of the town or of the selectmen, nor for any cause whatever except his own official misconduct. Sec 17. Any town may by vote at the annual meeting, direct a discount to be made to those persons who shall pay their taxes within such periods as the town may limit, and every person so paying shall be entitled to such discount. Sec. 18. Any town may by such vote direct the time at Avhich notice shall be given to persons whose taxes shall be then unpaid, 112 COLLECTION OF TAXES NON-RESIDENTS. [tITLE VIII, of the amount of the same ; and if the same sliall not be paid, with twenty cents more for such notice, witliin fourteen days there- after, the collector may distrain for the same. Sec. 19. Any collector being authorized by vote of the town, may appoint deputies who shall be sworn, shall give bond to the satisfaction of the selectmen and shall have the powers of collect- ors, and may be removed at the pleasure of the collector. CHAPTER 46. OF THE COLLECTION OF TAXES OF NON-RESIDENTS. Section 1. List of non-resident taxes. 2. Copy delivered to the deputy secre- tary. 3. Deputy secretary to receive ta.xes. 4. Deputy secretary to return copy. 5. Collector to advertise sale. 6. Form of advertisement. 7. Advertisement to be posted. 8. Time and place of sale. 9. Collector to make return to town clerk of the sale. 10. Owner may redeem. 11. Collector to give receipt. Section 12. Money tendered left with town clerk in certain cases. 13. Persons interested may redeem their share. Collector to leave list of lands re- deemed, with town clerk. Form of collector's deed. Non-residents ma}' work out high- way tax. Collector's fees. Collector's fees to be divided. 19. Penalty for taking greater fees. 20. Sale of buildincrs and timber. 14. 15. 16. 17. 18. Section 1. A list of the taxes assessed on the real estate of persons not resident in the town, shall be made by the selectmen, under their hands, in which shall be inserted the name of the owner, if known, otherwise the name of the original owner, if known ; the number of the lot and range, if lotted, otherwise such description as the land may be readily known by ; the number of acres, and the amount of taxes assessed thereon. Sec 2. Such list shall be delivered to the collector on or before the thirtieth day of May ; and the collector shall on or before the eighth day of the next session of the general court in June, deliver a certified copy of his list to the deputy secretary who shall cer- tify thereon the time of its receipt. Sec. 3. The deputy secretary shall keep such copy at Concord till the first day of September following, for the inspection of all concerned, and shall receive the tax on any tract, with ten per cent, thereon for his services, and give a receipt therefor. Sec 4. The deputy secretary at any time after the first day of September, on application, shall return the said copy to the collect- or, with a certificate of the taxes by him received, and shall pay to the collector the amount, taking his receipt therefor. CHAP. 40] COLLECTIO.N OF TAXES NON-RESIDENTS. 113 Sec. 5. The collector, after receiving from the deputy secretary said copy and certificate, shall advertise the land on which the taxes have not been paid, for sale, in the New Hampshire Patriot and State Gazette printed at Concord, and also in some newspaper printed in the county where the land is situate, if any; otherwise in some adjacent county. Sec. 6. The advertisement shall contain the same name, same description of the land taxed and amount of tax, which is inserted in the collector's list, and the time and place of the sale ; and shall be published three weeks successively, commencing at least eight weeks before the sale. Sec. 7. A similar advertisement shall be posted up at some pub- lic place in the town where the lands lie, during the same period. Sec. 8. Every such sale shall be at auction, in some public place, in the town or place where the land is situate, and between the hours of ten in the forenoon and six in the afternoon, and shall be so much of the owner's estate as will pay the taxes and inciden- tal charges ; but, if necessary, the sale may be adjourned from day to day, not exceeding three days, by proclamation made at the place of sale within the hours aforesaid. Sec. 9. The collector shall, within ten days after any sale, de- liver to the town clerk an account of the sales with the charges of sale, under oath ; copies of the newspapers in which the advertise- ment was published, and the advertisement posted up, with an affidavit that it was so posted up ; which shall be kept on file ; and the said account, advertisement and affidavit shall be recorded by the town clerk, and a certified copy of such record shall be com- petent evidence. Sec. 10. Every person interested in any land sold as aforesaid, may redeem the same by paying or tendering to the collector or his administrator, or in his absence, at his usual place of abode, the amount for which the land was sold, with twelve per cent, interest thereon from the sale to the time of such payment or tender. Sec. 11. Upon such payment or tender the collector or his ad- ministrator shall give a receipt therefor, and shall pay over the money so paid or tendered, to the purchaser upon demand. Sec. 12. In case a tender shall be made in the absence of the collector or his administrator, at his house, the party tendering shall, before the time of redemption expires, leave the money so tendered with the town clerk for the use of such collector, with a notice of such tender, which shall be forthwith recorded by said town clerk, who shall give a receipt for the same, and shall be paid by the per- son making such tender, as his fees, ten per cent, upon the amount so tendered. > Sec. 13. Every person interested with others in any lot or tract of land, may pay his proportion of the tax, and the residue only shall be sold ; or he may redeem his share of the land when sold, by paying his proportion of the tax, cost and interest. 15 114 COLLECTION OF TAXES — NOiN-RESlDENTS. [tITLE VIII. Sec, 14. Within ten days after tlie time of redemption shall expire, the collector shall leave with the town clerk, to be recorded, a correct list of the lands so redeemed. Sec. 15. The collector, if living, otherwise his administrator, shall, at the end of one year from the sale, execute to the purchaser or his heirs a deed of the land so sold and not redeemed, which shall be substantially in the following form : Know all men by these presents that I, , collector of taxes, for the town of , in the county of and State of New Hampshire, for the year 18 , by the authority in me vested by the laws of the State, and in consideration of , to me paid by , do hereby sell and convey to him, the said , his heirs and assigns, (here describe the land sold) to have and to hold the said premises with the appurtenances, to him the said , his heirs and assigns forever. And I do hereby covenant with said , that in making sale of the same I have in all things com- plied with the law, and that I have good right, as far as that right may depend upon the regularity of my own proceedings, to sell and convey the same in manner aforesaid. In witness whereof I have hereunto set my hand and seal, the day of , A. D. Signed, sealed and delivered in presence of Sec 16. Every non-resident shall have the right at any time between the first day of June and the twentieth day of July, to pay any highway tax assessed on his land, in labor, nnder the di- rection of such surveyor of highways, or other proper person, as the selectmen may designate ; and such selectmen or surveyors shall give to such non-resident a certificate of the amount of such labor, which shall be received by the collector and by the town clerk in payment of such tax. Sec 17. The fees of collectors shall be as follows : for travel to the deputy secretary for the copy of his list, thence to the places where the advertisements for the sale are to be printed, and return- ing home, five cents per mile ; for advertising in the newspapers and in town, one dollar ; for making the sale, one dollar a day, and the same sum for a clerk ; for each deed made to a purchaser, twenty-five cents; and the sums actually paid the printers, not exceeding one dollar a square for three insertions, shall be a legal charge. Sec 18. The collector shall make out an equal proportion of his fees and charges, and of the sums paid to printers, to each lot or tract of land advertised or sold as aforesaid ; and no person shall be holden to pay any more costs than his just proportion of those in- curred at the time of the payment of his tax. Sec. 19. If any collector shall demand or take any other or greater fees than are by law allowed for any of the services by bin" rendered, he shall forfeit five dollars to the person suing therefor. CHAP. 47.] COLLECTION OF TAXES BY SHERIFFS. 115 Sec. 20. Any separate interest in land and any buildings, tim- ber or wood standing or growing on land owned by another per- son, shall be taken to be real estate, within the meaning of this and the preceding chapter. CHAPTER 47. OF THE COLLECTION OF TAXES BY THE SHERIFFS. Section 1. Treasurer may assess, in what cases. 2. Assessments, how made. 3. Sheriff to collect such ta.x. 4. Manner of collecting. 5. Sales of land, how made. Section 6. Returns, how made. 7. Lists and papers, where filed. 8. Copies, when evidence. 9. Extents against sheriffs. Section 1. When any miincorporated place shall not elect proper officers for assessing and collecting taxes, or when the name of the collector of taxes of any such place is not returned to the state or county treasurer on or before the last day of December in any year, such treasurer shall assess the tax apportioned to such place thereon. Sec 2. If such treasurer shall be notified by the clerk of the proprietors that such place is divided, and a copy of the division thereof furnished to him on or before the last day of December in each year, he shall assess such tax upon the original owners, accord- ing to their several interests in quantity, without regard to the qual- ity of their lands ; otherwise, he shall assess such tax in one sum. Sec. 3. Such treasurer shall commit such tax to the sheriff of the county in which such place lies, with a warrant under his hand and seal, to collect the same ; and such sheriff shall have the same pow- ers and shall be subject to the same liabilities, with respect to the collection of such tax, as collectors of taxes with respect to lands of non-residents. Sec 4. Such sheriff shall proceed in the same manner in rela- tion to such taxes and the sale of lands therefor as such collectors are by law bound to do. Sec 5. Every sale of lands for such taxes shall be in the near- est town in the same county in which the court of common pleas is holden ; and such sale shall be advertised therein, as well as in the place where the lands lie. Sec. 6. The sheriff shall make all such returns as collectors are required to make to town clerks, to the clerk of the court of com- mon pleas for the county in which such lands are situate. Sec 7. Every sheriff and person who has heretofore held the office of sheriff, shall deposit with the clerk of said coiurt all lists and other papers containing evidence of his proceedings in the 116 TAXES EXTENTS. [title VIII. sale of lands for taxes, and the same shall be there filed and pre- served. Sec. 8. Copies and extracts of such papers, certified by such clerk, shall be competent evidence in every case Avhere the origi- nals might be used. Sec. 9. Every state and county treasurer shall have like remedy against any sheriff by extent, as he has by law against collectors. CHAPTER 48. OF EXTENTS. Section 1. Extents, who may issue. 2. Against towns for neglects. 3. Against selectmen. 4. Against collectors. 5. Against collectors absconding. 6. Treasurers not to issue, in what cases. 7. E.\tents against towns, no property being found. 8. Personal property, liow sold. Section 9. Real estate, how sold. 10. Direction and return of extents. 11. Alias extents issued. 12. Fees may be included in extents. 13. Remedy for contribution. 14. Remedy against selectmen. 15. Remedy against collectors. 16. Collector to be indemnified. 17. Remedy of selectmen. Section 1. The state treasurer, and each county and town trea- surer, may issue extents under their hands and seals respectively, in cases authorized by law ; and such extents shall be deemed to be executions against the person and property, within the laws of this State relating to the levy of executions. Sec. 2. Any town which shall neglect to choose proper officers for assessing and collecting taxes, shall be liable to an extent for state and county taxes ; and the same may be levied upon the property of any inhabitant or owner of property therein, if no es- tate of such town be found whereon to levy the same. Sec 3. Selectmen who shall neglect to assess any tax for which they have the warrant of the state or county treasurer, at the time and in the manner legally prescribed therein, or who shall neglect to return to either of such treasurers, or to the town treasurer, the name of the collector to whom they shall commit any tax assessed by them and payable to such treasurers respectively, shall be liable to an extent. Sec 4. Any collector to whom any tax may be committed, who shall neglect to pay the same to the state, county or town treasurer, or to the selectmen or other person to whom the same is payable, within the time limited in his warrant, which shall not be less than three months from the delivery of such warrant, except in cases where a shorter time shall be limited by law, shall be liable to an extent. CHAP. 48.] TAXES — EXTENTS. 117 Sec. 5. If any collector of taxes to whom any tax payable to the state or county treasurer is committed, shall neglect to pay the same within the time limited in his warrant, and the selectmen of the to\vn shall judge that there is danger that such collector will abscond or be unable to pay the same, they may issue an extent against such collector for the taxes in arrear. Sec. 6. No extent shall be issued by the state or county treasurer against any collector, after notice given by the selectmen that they have issued an extent against him as aforesaid ; but if such tax shall not be paid within three months from the time the same be- came payable, an extent shall be issued against such selectmen. Sec. 7. In every case where an extent shall be issued against any selectmen or collector by the state or county treasurer, and sufficient property of such selectmen or collector shall not be found whereon to levy the same, an extent shall be issued against the town, which may be levied upon the property of any inhabitant or owner of property therein, if no estate of such town be found where- on to levy the same. Sec 8. Personal property seized upon any extent shall be sold in the same manner as similar property is by law required to be sold on execution. Sec. 9. Real estate of every kind so levied upon shall be sold, and a deed and return thereof made, in the manner provided by law for the sale of the equity of redemption of real estate subject to any mortgage ; and the owner thereof shall have the same right to re- deem the same. Sec 10. Extents shall be directed to the sheriff or his deputy, of the county where they are to be executed, and shall be made returnable to the officer issuing the same, at a certain day named therein, which shall not be less than sixty days from the date thereof. Sec 11. If any extent shall be returned unsatisfied, further or alias extents may be issued for any sum which may remain due upon such return. Sec 12. Every extent may include the legal fees and charges incurred upon any former extent issued for the collection of the same tax. Sec 13. Every person upon whose property an extent against any toAvn has been levied, shall have contribution against the other inhabitants or owners of property therein for the sums so levied, and for damages, and shall recover double costs. Sec 14. Towns shall have their remedy by action against any selectmen or collector through whose default any extent may have issued, for all sums levied thereon, and for damages and double costs. Sec 15. Selectmen shall have their remedy by action against any collector through whose default any extent shall have issued against them, for all sums levied thereon, and for damages and double costs. 118 LAYING OUT HIGHWAYS. [title IX. Sec. 16. Selectmen issuing any extent against a collector, shall indemnify him against all costs and expenses arising to him by reason of any extent issued against him by the state or county trea- surer for the same tax. Sec 17. Selectmen shall have no remedy against any town for any sum levied upon any extent issued against them on their own default, except the amount of tax, without any costs of levying or costs of suit. TITL.E IX. OF HIGHWAYS, BRIDGES AND FERRIES. Chapter 49. Chapter 50. Chapter 51. Chapter 52. Chapter 53. Chapter 54. Chapter 55. Chapter 56. Chapter 57. Chapter 58. Chapter 59. Chapter 60. Chapter 61. Chapter 62. Chapter 63. Chapter 64. Of the powers of selectmen in relation to laying out highways. Of the powers of the court of common pleas. Of the powers of the road commissioners. Of the payment of damages and costs. Of neglect of towns to make and repair high ways. Of the discontinuance of highways. Of repairing highways in towns. Of making and repairing highways not in any town. Of damages from defect of highways. Of injuries to highways. Of incumbrances in highways. Of encroachment on highways. Of bridges. Of guide posts. Of turning to the right. Of ferries. CHAPTER 49. OF THE POWERS OF SELECTMEN TO LAY OUT HIGHWAYS. Section 1. Powers of selectmen to lay out. 2. Notice of hearing to be given. .3. Notice to residents, how given. Skction 4. To minors, «fcc., how given. 5. To tenants and reversioners. 6. Notice by publication. CHAP. 49.] LAYING OUT HIGHWAYS. 119 Section 7. Examination and hearing. 8. Not restricted by petition. 9. May lay out over highways. 10. Across rivers above tide. Section Jl. Francliises may be taken. 12. Return to be made. 18. Damages to be assessed. 14. Damages, if owner unknown. Section 1. Selectmen upon petition are authorized to lay out any new highway, or to widen and straighten any existing high- way within their town for which there shall be occasion, either for the accommodation of the public or of the person applying. Sec. 2. Unless the selectmen shall be clearly of the opinion that the petition ought not to be granted, they shall appoint a time and place of hearing and shall cause notice thereof in writing to be given to the first petitioner and to the owners of the land over which the same may pass, fourteen days previous thereto. Sec. 3. Such notice shall be given to each owner in person or left at his usual place of abode, if he is known and resides in the State, otherwise to the person, if any, who has the care or posses- sion of the land. Sec. 4. If the owner is a person under guardianship, notice shall be given in the same manner to his guardian. If such owner is a minor or a person under any legal disability, the judge of probate may appoint a guardian for such person to whom notice shall be given. Sec 5. Tenants for life or years and the owners of the remain- der or reversion, shall each be separately notified as aforesaid. Sec. 6. Upon affidavit of one of the petitioners that the owner of any land over which such road may pass, or his residence, is un- known or uncertain, such notice may be published three weeks suc- cessively in some newspaper printed in the vicinity, which shall be sufficient notice. Sec 7. At the time and place so appointed, the selectmen shall make a personal examination of the several routes proposed, and of the highways for which such ncAV highway is designed to be a sub- stitute, shall hear all parties interested who may attend, and any evi- dence they may ofl"er, and may adjourn as they see cause. Sec 8. Such selectmen may lay out such new road over any ground they may deem most suitable, and widen and straighten any highway as they judge proper, without regard to any interme- diate limits or particular amendments described in the petition. Sec 9. Upon any petition for a new highway they may lay out the same across or over any existing highway ; but no damages shall be awarded when the public have the same right of way, ex- cept for additional land taken. Sec 10. Highways may be laid out across any river or stream, except navigable tide waters ; but no road or bridge shall be so con- structed as to prevent the use of such stream or river for boats or rafts, and for running timber. Sec 11. Any real estate, franchise or easement of any corpora- 120 LAYING OUT HIGHWAYS. [title IX. tioii may be taken for a higliAvay in the same manner as the real estate of individuals. Sec. 12. The selectmen shall within thirty days make a return of every highway by them laid out, describing the same and the width thereof, and a like return of alterations by them made in existing highways, with a particular description thereof, and cause the same to be recorded by the town clerk. Sec 13. Such selectmen shall assess the damages sustained by each owner of the land required for such highway, and insert the same in their return. Those of the tenant and remainder-manor reversioner shall be assessed separately. Sec. 14. If the person to whom any damages should be awarded, is unknown, a particular description of the land, real estate or fran- chise taken for any highway, shall be inserted in the return of the selectmen with the damages assessed to the owner, without naming any person. CHAPTER 50. OF THE POWERS OF THE COURT OF COMMON PLEAS IN RELATION TO THE LAYING OUT OF HIGHWAYS. Section 1. Court of common pleas may lay out, when. 2. Notice to towns, how given. 3. Notice to owners of land not in any town, how given. 4. Preferred to road commissioners. 5. Referred to road commissioners of several counties, when. Section 6. Commissioner when interested, pro- ceedings. 7. Report recommitted or accepted. 8. Committees, in what cases. 0. Increase of damages, petition for, on return of selectmen. 10. Increase of damages, on report. Section 1. Petitions relative to roads may be presented to the court of common pleas in term time, or to the clerk in vacation, in the following cases: 1. Whenever the selectmen shall neglect or refuse to lay out or to widen and straighten a highway in their town ; 2. When there shall be occasion to lay out a highway over land not in any town ; 3. When there shall be occasion to lay out or widen and straight- en a highway over lands in two or more towns, one of which is in the county where the petition is presented; 4. Whenever any town shall discontinue any highway laid out by the selectmen within two years from the time of such laying out. Sec. 2. Upon the filing of such petition with the clerk of the court in vacation, or with the court in term time, the clerk shall is- sue an order of notice to one of the petitioners with a copy of said CHAP. 50.] LAYING OUT HIGHWAYS. 121 petition returnable to the next term of the court, and said petition- ers shall cause a certified copy of the same to be given to or left at the usual places of abode of one of the selectmen and the town clerk of each of the towns through which such road may pass, thirty days before the next term of said court. Sec. 3. If such proposed highway may pass over lands not in any town, the court shall order notice to be given to the owner thereof, if known and residing within the State, by givuig to him or leaving at his usual place of abode a like copy ; and if he or his residence is not known or is uncertain, or if his residence is not within the State, by publishing such copy in some newspaper printed in the vicinity, three weeks successively, the last publication thereof to be thirty days before such court. Sec. 4. If no sufficient objection shall be made, all petitions re- lating to roads shall be referred to the road commissioners of the county, except where the proposed highway shall pass over lands in two or more counties. Sec, 5. In such cases the petition shall be referred to the road commissioners for all such counties, and they shall constitute a joint board ; a copy of such petition and of the order of reference shall be furnished to the road commissioners of each county, and they shall make a joint report to the court of common pleas in each county. Sec 6. If any commissioner is interested in any such petition, he shall not serve, but the vacancy shall be filled by the other com- missioners of the county. Sec 7[. Any report of the road commissioners may for good cause be recommitted to such road commissioners, or the same may be accepted and judgment rendered thereon, establishing so much of the highway laid out as is within the county in which the said re- port is made, and no more. Sec 8. The road commissioners shall continue in office as to all proceedings commenced or pending before them, until the same shall be completed, unless the court for good cause shown shall re- fer the same to the road commissioners for the time being. Sec 9. If any person shall think himself aggrieved by the assessment of damages made by the selectmen, he may within one year after such road is opened, petition the court of common pleas for redress ; and the said court after due notice to the town and others interested, may award such damages as may be just and costs to either of the parties in their discretion, and issue execution therefor. Sec 10, Any person, who had no actual notice of the laying out or altering of any highway, may within one yeai- after the same shall be opened and made, apply to the said court as provided in the preceding section, and the court after notice as aforesaid shall award damages and costs and issue execution therefor, as is therein provided. 16 122 ROAD COMMISSIONERS. [title IX. CHAPTER 51. OF THE POWERS OF THE ROAD COMMISSIONERS. Section 1. Hearing to be appointed. 2. Notice thereof to be given. 3. Examination and hearing. 4. Report made in each county. 5. Notice given to be certified; error in report may be amended. Section 6. Highway to be described. 7. Damages assessed and certified. 8. Appeal, when and how allowed. 9. Grade may be prescribed. 10. Compensation of commissioners. Section 1. The road commissioners, on every petition referred to them, shall appoint a time and place at which they will com- mence the discharge of their duties thereon. Sec. 2. They shall give notice to the selectmen of each town in which the highway to which such petition relates, is or may pass, and to the owners of land, in the same manner as selectmen are required to give such notice to owners of land ; and in case any one of the commissioners shall be unable to attend agreeably to notice at the time and place of hearing, the two commissioners who do attend, may appoint some suitable person to act in his stead. Sec 3. They shall make examination and hear all parties inte- rested, in the same manner as selectmen are required to do, and shall have like powers. Sec 4. They shall make report to the court in each county in which any highway laid out, altered or discontinued by them, shall pass. Sec 5. In such report they shall certify the names of the seve- ral owners of land taken for such road, to whom notice Avas given personally or left at their usual places of abode respectively, and in what manner notice was given to other like owners and to select- men of towns. In case the owners of land have had a legal notice and the commissioners return a wrong name in their report, the court on satisfactory evidence of the error may alter or amend the same. Sec 6. A particular description of the new highway laid out, and its width, and of any alterations made in any highway already established, shall be inserted in such report with their estimate of the expense of building or making the same. Sec 7. The road commissioners shall assess the damages sus- tained by owners of land, as selectmen are required to do, and in- sert the same in their rej)ort, stating such damages in each town separately ; and shall certify the damages awarded to such owners in each town, to the town clerk thereof, fourteen days before the sitting of the court to which their report is returnable. Sec 8. If any such owner shall be dissatisfied with the amount of damages awarded him by the commissioners mider the preced- CilAP. 52.] PAYMENT OF DAMAGES. 123 ing section, he may appeal to the court of common pleas next to be holden in the county and not afterwards, and thereupon said court shall assess his damages by a jury ; and if he recover a greater sum than that allowed by the commissioners, he shall have full costs against the town ; if an equal or less sum, he shall pay costs. Sec. 9. The road commissioners may prescribe in their report the grade or rise and fall to the rod, of any highway by them laid out, or of any existing highway for which a proposed highway not laid out might be a substitute ; and their report being accepted, if any town shall neglect to make such highway in conformity thereto, such town may be indicted and fined as for neglect to make or repair highways. Sec. 10. Each road commissioner shall be allowed in each case in full for his services and expenses, ten cents a mile for actual travel each way and two dollars a day for the time necessarily spent in making the examination and report, excluding the time of travelling to and from the place of examination; and in case there shall be more than one road to examine in any town at the same time, but one travel shall be allowed. CHAPTER 53. OF THE PAYMENT OF DAMAGES OCCASIONED BY LAYING OUT HIGHWAYS. Section 1. Damages paid before road made. 2. What cases are excepted. 3. Damages recovered by action. 4. Action must be brought, when. 5. Damages recovered, how much. Section 6. Execution issued therefor, when. 7. Damages, by whom paid. 8. County may pay part, and when. 9. Costs paid by county, when. 10. Costs paid by towns, when. Section 1. No new highway or alteration in any highway shall be made by any town, until the damages awarded to the owners of land or other estate taken therefor, shall be paid, except in cases provided by law. Sec 2. If the owner of such land or real estate is a minor or insane and has no guardian, or resides out of the State or is un- known, such new highway or alteration may be made without ten- der or payment of their damages. Sec 3. If any highway or alteration therein shall be laid out and established, any person to whom any damages shall be award- ed, may recover the same with interest from the person or town liable to pay the same, in case the same shall not be paid to him within thirty days after the same shall be demanded. Sec. 4. All actions to recover damages awarded for lands taken 124 NEGLECT OF TOWNS. [title IX. for highways which may be discontinued, shail be brought within six months from the time of such discontinuance and not after- wards. Sec. 5. In actions for the recovery of damages for lands taken for highways, only the amount of the actual loss or damage sus- tained shall be recovered, in case such highway has been discon- tinued. Sec. 6. If a fine shall be imposed upon any town for not mak- ing or altering any highway, and an agent shall be appomted to superintend the making thereof, the court on motion may issue execution against such town for the damages awarded to any land- owner, and such highway may be made or altered without pay- ment or tender thereof. Sec. 7. The damages assessed upon the laying out of any high- way for the accommodation of individuals, shall be paid by them. Those assessed upon the laying out or altering of any highway for the accommodation of the public, shall be paid by the town in which the land taken for such highway shall lie. Sec. 8. The court of common pleas, if they deem the expense of laying out any new highway, paying the damages and building the same unjustly burdensome to any town, may order a part, not exceeding one half such expense, to be paid by the county ; and may draw an order on the county treasurer in favor of such town therefor. Sec 9. The costs of laying out and of widening and straight- ening highways from town to town or through land not in any town, shall be paid by the county. Sec 10. The costs of laying out and of widening and straight- ening any highway in any town, shall be paid by the town, ex- cept such part thereof as the court of common pleas may order to be paid by the county. CHAPTER 53. OF THE NEGLECT OF TOWNS TO MAKE AND REPAIR HIGHWAYS. Section 1. Towns may be fined, when. 2. Notice to town, how given. 3. Fine, how assessed. 4. Fees of witnesses, when taxed. Section 5. Fines, how collected and paid. 6. Agent to expend the fine. 7. No way public, unless laid out legally or used 20 years. Section 1. Fines shall be imposed upon towns for neglect to make or repair highways, in the following cases : 1. If any town shall unreasonably neglect to make and put in good repair any new highway laid out therein: CHAP. 53.] NEGLECT OF TOWNS. 125 2. If any town shall unreasonably neglect to alter and put in good repair any highway which has been widened and straightened therein : 3. If any town shall unreasonably neglect to grade the hills in any highway therein agreeably to the judgment of the court of common pleas : 4. If any town shall neglect to cause any dangerous causeway or embankment in any highway therein to be securely railed : 5. If any town shall neglect to keep any highway therein in good repair and suitable for the travel passing thereon. Sec. 2. The grand jury may indict, or the attorney general or solicitor may file an information against any such town for either of said offences ; and a summons shall thereupon be issued to such town, which shall be served by giving to one of the selectmen and to the town clerk, or leaving at their usual places of abode respec- tively, an attested copy thereof with a like attested copy of the officer's return thereon, thirty days before the court at which the same is returnable. Sec. 3. If such town shall not appear at said court or shall be found guilty by verdict or otherwise, the court shall impose on such town a fine sufficient to put such highway in good repair, and to defray all the expenses connected therewith and render judgment against such town for costs. Sec. 4. No fees for witnesses shall be taxed against such town, except such as have attended as witnesses in such prosecution by order of the attorney general or solicitor. Sec. 5. All such fines and costs shall be levied and collected by execution in the same manner as executions against towns are levied in civil cases. Such fine shall be paid over to the agent appointed as is herein prescribed, and the costs to the attorney general or solicitor. Sec. 6. One or more agents shall be appointed by the court to superintend the collection of such fine, who shall apply the same to make, alter, repair, grade or secure such road, as the case may require, and who shall seasonably make return of his doings in the application and expenditure thereof to said court for their allow- ance. Sec 7. No highway that has not been laid out agreeably to statute law, shall be deemed a public highway, unless the same has been used by the public for a term of time not less than twenty years, and no highway thrown open to the public, the use of which would not be necessary for public travel, excepting for the purposes of travel over a toll bridge, shall ever be deemed a public highway, unless the same shall be laid out agreeably to statute law. 126 REPAIRING HIGHWAYS. [title IX. CHAPTER 54. OF THE DISCONTINUANCE OF HIGHWAYS. Section 1. Towns may discontinue road. 2. Consent of court, wlien necessary. Section 3. Damages for such discontinuance, when allowed. Sfxtion 1. Any town at a legal meeting holden for the purpose, may discontinue any highway in such town. Sec. 2. No vote of discontinuance shall be effectual without the consent of the court of common pleas, if such road was not laid out by the selectmen, or if it was laid out by the selectmen during the pendency of any petition in the court of common pleas for the lay- ing out thereof, or if an indictment or information is pending against such town for neglect to make or repair such highway. Sec. 3. If any person is injured by the discontinuance of any highway, he may petition the court of common pleas for redress ; and the court after due notice to others interested, may award such damages and costs as may be just, and issue execution therefor against the town. CHAPTER 55, OF REPAIRING HIGHWAYS. Section 1. Money raised by towns. 2. Prices of labor, how fixed. Surveyors to be chosen. Districts to be limited. Notice to work given, and how. Notice on sudden emergency. Ta.x levied by distress. 8. Excuse may be made. 9. Account rendered by surveyors. 10. Extent for neglect, when issued. 11. Tax worked in other districts. Section 12. Tax may be raised in money and ex- pended. 13. Collector's powers in that case. 14. Materials to be purchased. 15. Removal of earth from road. 16. Tax not needed in district where to be worked out. 17. Time of travelling allowed. 18. Expense of repairs paid by county, when. 19. Such expense, how paid. Section 1. Every town at their annual or other meeting, shall raise such sum of money as they may judge necessary for making and repairing the highways and bridges therein for that year, and tlie same shall be assessed on polls and estates in the same manner as state taxes are by law assessed. Sec. 2. The town may determine the prices to be allowed for CHAP. 55.] REPAIRING HIGHWAYS. 127 labor, utensils and materials applied in repairing highways ; other- wise such prices shall be fixed by the selectmen. Sec. 3. The town may choose as many surveyors of highways as they shall judge proper, who shall enter on their duties on the first day of May ; and in case no election shall be made the select- men shall appoint such surveyors. Sec. 4. The selectmen on or before the first day of May shall limit the several surveyors' districts, and give to each a list of the several persons in his district, with the highway tax assessed to each, and a warrant to collect the same. Sec 5. Every smrveyor shall give personal notice to or leave a notice at the usual place of abode of each person named in his list, of the amount of his tax, and of the time when, the place where and the tools with which he shall attend to work out his tax, four days before the time appointed, and may require any person to work any part of his tax not exceeding one half, in labor of oxen or horses. Sec. G. In cases of sudden emergency which may require imme- diate remedy, the surveyor may give such notice to any person to attend forthwith. Sec 7. If any person so notified shall neglect or refuse to attend in person or by one or more suitable laborers, the surveyor shall levy the delinquent's tax by distress in the same manner as collec- tors may levy and collect the state tax. Sec. 8. If any delinquent shall within four days after the time so appointed, render to the surveyor a sufficient excuse for his ne- glect, he shall be notified to work at some other time. Sec. 9. Every surveyor shall render an account of the tax to him committed, and pay over the balance not expended on the highways, to the selectmen agreeably to the requirement of his warrant. Sec. 10. If any surveyor shall neglect to render such account and pay over such balance, the selectmen may proceed with such surveyor in the same manner they may by law proceed with col- lectors of taxes who are delinquent in collecting and paying over the taxes committed to them to collect. Sec. 11. The selectmen may order any surveyor to cause the taxes then due on his list, to be worked out in any other district in which the taxes from any unforeseen accident shall be found insufficient ; and if the taxes then due shall be insufficient, the selectmen shall cause the road or bridge affected by such accident to be put in repair at the expense of the town. Sec 12. Any town may order any highway tax then voted to be raised, to be collected by the collector of taxes in money ; and such tax shall be paid over to the treasurer or selectmen and ex- pended in repairing the highways, under the direction of the select- men or surveyors of highways, as the to^vn may direct. Sec 13. The collector of taxes shall have the same powers and 28 HIGHWAYS NOT IN ANY TOWN. [tITLE IX. be subject to the same duties and liabilities in relation to any tax so voted, as he has in relation to the state tax. Sec. 14. Surveyors of highways may purchase all such timber, plank and other materials as are necessary for repairing the high- ways and bridges in their respective districts, at the cost and charge of the town. ,V Sec. 15. Every surveyor shall have power within his district to remove any gravel, sand, rocks or other material from the travel- led part of any highway therein, without damage or injury to the adjoining land, to any other part of the highways in said district for the purpose of repairing and grading the same. But he or those under him shall not for any purpose make an uncovered trench or ditch by the side of the travelled part of any highway next and opposite to any dwelling house or yard situate thereon, or in any way obstruct the passage to and from the same. Sec. 16. Whenever the whole tax in any surveyor's list is not in the opinion of the selectmen needed for repairing the highways in his district, they may direct the surveyor to cause the same to be worked out in any other district. Sec. 17. The surveyor shall allow every- person resident in his district performing labor or service on the highways, for the time necessarily occupied in travelling from his home to the place where such labor is performed and in returning therefrom. Sec. 18. The court of common pleas upon petition may order any part of the expense of repairing any highway to be paid from the county treasury, in case they shall judge the expense of such repairs to be unjustly burdensome to such town, or in case the county convention shall be of opinion that any part of such ex- pense should be paid by the county. Sec. 19. The court may direct such sum as they may order to be paid by the county, to be paid to the town, or may cause such highway to be put in repair in such manner as they may think proper, and draw their order for said sum upon the county treasurer. CHAPTER 56. OF MAKING AND REPAIRING HIGHWAYS NOT IN ANY TOWN. Section 1. Owners of land to contribute. 2. Notice of laying out given ; expense may be paid by county. 3. Tax to be assessed therefor. 4. Notice of tax and sale given. 5. Owners may pay their share. Section 6. Sale to be made, when and how. 7. Deed, and right of redemption. 8. Money, how to be applied. 9. Repairs made in same manner. 10. Owners may assess tax therefor. CHAP. 5C.] HIGHWAYS NOT IN ANY TOWN. 129 Section 1. Highways not within the limits of any town, shall be made and repaired by the owners of the lands throngli which they pass ; and all the owners of any land holden under one title from the state or province, shall pay their proportion according to their interest of all costs of making and repairing the highways through any part of such land. Sec. 2. The court of common pleas, whenever they shall lay out any highway through such land, shall cause notice thereof to he published in some newspaper four Aveeks successively, descri- bing such highway and requiring the owners of the land to make said highway passable within such reasonable time as they may order, and said court may order the whole or any part of the ex- pense of making or repairing said highway to be paid by the county. Sec. 3. If such highway shall not be made as required by such notice, the said court shall assess such land so much by the acre as they may judge necessary to make tlie same. Sec. 4. The county treasurer shall advertise such tax in some newspaper four weeks, requiring the owners of such land to pay the same to him in sixty days from the first publication of such ad- vertisement, and notifying the owners that such land will otherwise be sold at auction at a certain time and place mentioned therein. Sec. 5. The owner of any part of or interest in such tract may pay said tax for the same and take a receipt describing the part or interest for which he pays. Sec 6. If said tax is not paid within said sixty days on any part of such land, the county treasurer sliall sell the part or interest of the delinquent at the time and place mentioned in such advertise- ment, or so much thereof as may be necessary to pay said tax with incidental charges. Sec. 7. The county treasurer shall make a deed of the land so sold to the purchaser after the time of redemption has expired, and any person interested therein may redeem the same by payment or tender to the county treasurer for the use of the purchaser, [of] the amount for which the same was sold, with twelve per cent, interest thereon, within one year from the sale. Sec 8. The money so raised shall be applied under the direc- tion of the court to make and repair such highways. Sec 9. A similar method may be pursued by said court to keep in repair highways running through said lands, in case the owners shall neglect to repair the same. Sec 10. The owners of such lands may call meetings and vote such sums of money for making and repairing highways as they may think proper, and choose officers for levying and collecting the same, as proprietors of common and undivided lands are by law author- ized to do. 17 130 DAMAGES FROM HIGHWAYS. [title IX. CHAPTER 57, OF DAMAGES FROM DEFECTS OF HIGHWAYS. Section 1. Town liable for damage, when. 2. Surveyor liable to town, when. 3. Not liable, if load over 7 tons. 4. Nor if over 4 tons, unless. Section 5. Liability in case of droves. 6. Burden of proof on plaintiff. 7. Damage from snow, liability. Section 1. In case any special damage shall happen to any per- son or to his team or carriage, by reason of the obstructions, insuf- ficiency or want of repair of any highway or bridge in any town, the person injured shall recover his damage in an action against such town. Sec. 2. The town shall have a remedy over against any survey- or of highways through whose fault or neglect the said damage happened. Sec. 3. No town or other corporation shall be liable for any damage arising from any deficiency of any highway or bridge, if the weight of the load upon the carriage, exclusive of the carriage, shall exceed seven tons. Sec. 4. No town or other corporation shall be liable for any dam- age arising from any deficiency of any highway or bridge, if the weight of the load upon the carriage, exclusive of the carriage, shall exceed four tons, unless the felloes of the wheels of such car- riage shall be of the width of five inches or more. Sec 5. No town or corporation shall be liable to any person for any damage occasioned to droves of cattle by reason of the defi- ciency of any bridge, where the number of cattle on such bridge at the same time shall exceed twenty-five. Sec 6. Upon the trial of any action for the recovery of such damage, it shall be incumbent on the plaintiff to prove the Aveight of such load or the number of cattle upon such bridge. Sec 7. Every town and surveyor of highways shall be liable for any damage arising from the snow encumbering the same, as from any other deficiency ; and such surveyor and the selectmen shall have the same powers and be subject to the same duties in rela- tion to such encumbrance, as in case of any other accident occur- ring to a highway. CHAP. 59.] INJURIES ENCUMBRANCES. 131 CHAPTER 58. OF INJURIES TO HIGHWAYS AND RAILROADS. Section 3. Injuring railroads, liability for. Section 1. Destroying highways, liability for. 2. Extent of such liability. Section 1. If any person shall wantonly or illegally injure or damnify any highway, causeway or bridge by destroying or taking away any of the plank, timbers, stone or other materials thereof, or by digging any pit therein for gravel or clay or for any other pur- pose, he shall on conviction be punished by fine not exceeding one hundred dollars, or by imprisonment not exceeding six months. Sec. 2. Every person so injuring or damnifying any highway or bridge, shall be liable to the town for all damage done to the same, and for all damages to which such town may be subjected by rea- son thereof. Sec. 3. If any person shall wilfully and maliciously obstruct the passing of any carriage on any railroad, or in any way injure said road or any thing appertaining thereto, or any materials or im- plements for the construction or use thereof, such person and all who shall aid and abet such trespass, shall forfeit to the use of the corporation owning such road, for every such offence treble the amount of damages which shall appear on the trial to have been sustained thereby. CHAPTER 59. OF ENCUMBRANCES IN HIGHWAYS. Section 1. Encumbrances may be removed. 2. Notice to remove given. 3. Justice to view, may order sale. Section 4. Sale made by surveyor. 5. Liability to indemnify town. Section 1. The surveyor of highways may remove any timber, lumber, stones or other thing whatever placed or being in any high- way or street to the encumbrance thereof. Sec. 2, Such surveyor may, if he choose, give reasonable notice to the owner or person leaving any such encumbrance, to remove the same ; and upon their neglect or refusal to remove the same, or if they are unknown, he may make complaint thereof to a justice of the peace. Sec. 3. Such justice shall cause notice to be given to the owner or person leaving the same, if known, of the time ap- 132 ENCROACHMENTS ON HIGHWAYS. [TITLE IX. pointed by him to view such encumbrance ; and after hearing such party may upon his own view issue his warrant to the sur- veyor to remove the same, so far as he shall judge necessary for the public convenience, and to sell so much thereof as may be neces- sary to pay the legal costs taxed by him, and three times the price of the labor of removing the same to be estimated by such justice. Sec. 4. The surveyor shall have the same power and be govern- ed by the same rules in making such sale, as collectors of taxes in the sale of property distrained by them ; and if the proceeds of such sale shall be insufficient to pay the sums specified in such war- rant, the surveyor may recover the balance unpaid by action on the case against the person leaving the same. Sec. 5. If any person shall place in any highway or street any timber, lumber, stones or other thing whatever to the encumbrance or obstruction thereof, he shall be liable to the town for all damages and costs which said town shall be compelled to pay to any person who has sustained damage by reason of such encumbrance or ob- struction. CHAPTER 60. OF ENCROACHMENTS ON HIGHWAYS. Section 1. Buildings or fences in highways are nuisances. 2. What cases are excepted. Section 3. Gates across highways, in what cases allowed. 4. Court may remove such gate, when. Section 1. If any building, structure or fence shall be erected or continued upon or over any highway, street or alley, so as to obstruct the same or lessen the full breadth thereof, it shall be deemed a public nuisance ; and any person erecting or continuing the same shall be punished by fine not exceeding fifty dollars and costs of prosecution ; and the court shall order and cause such building, structure or fence to be taken down or removed. Sec. 2. The foregoing section shall not be construed to prohibit the erection of any watch house or structure for public use by the selectmen of any town, or any sign or awning erected in conformity to the regulations established by the police officers. Sec. 3. The selectmen upon application may by license record- ed by the town clerk, permit any person to keep a gate upon any highway leading across any meadow or intervale land liable to freshets, at a place therein designated, under such restrictions as they may judge proper ; and they may at any time alter or revoke such license. Sec. 4. If any person shall think himself aggrieved by the grant CHAP. 62.] BRIDGES GUIDE POSTS. 133 of such license, he may apply by petition to the court of common pleas for redress, who shall cause such notice to be given to all per- sons concerned as they shall judge proper, and may affirm, alter or annul such license. CHAPTEI^ 61. OF BRIDGES. Section Section 1. By-laws made by towns, when. 3. Notice of such by-laws, how given. 2. By-laws made by bridge companies. Section 1. Any town at a legal meeting may establish by-laws to prevent any person from wilfully riding or driving at a rate faster than a walk, over any bridge in such town which shall have cost one thousand dollars or more, and annex penalties not exceeding one dollar for the breach thereof to be recovered in the name and for the use of the town. Sec. 2. The proprietors of any toll bridge may make by-laws to prevent any person from riding or driving over such bridge at a rate faster than a walk, and annex penalties not exceeding two dollars for the breach thereof to be recovered by the corporation for its own use. Sec. 3. No such by-law shall be in force unless such town or corporation shall cause to be posted and kept up in some conspicu- ous place, at each end of said bridge, a board painted with a white ground containing in black letters the substance of such by-laws. CMAFTEm 6S. OF GUIDE POSTS. Section 1. Guide posts, towns to erect and keep in repair. Section 2. Neglect so to do, how punished. I 3. Injuries thereto, how punished. Section 1. Every town shall erect and keep in repair suitable guide posts or guide boards at the intersection of all public high- ways, on which shall be distinctly and legibly marked the name of the next town and such other towns as the selectmen may think proper, and the distance in miles to the same with an index point- ing towards the places to which such roads lead. 134 TUR.NLNG TO THE RIGHT. [title IX. Sec. 2. If any town shall neglect to erect or keep in repair such guide post or guide board at each intersection of the highways therein, they shall forfeit for each month's neglect the sum of one dollar, to be recovered by any person who will sue for the same, for his own use. Sec, 3. If any person shall throw down, destroy or deface any such guide post, guide board or its appendages or the letters or figures thereon, or aid or assist therein, he shall on conviction upon complaint before any justice of the peace be pmiishcd by fine not exceeding ten dollars, for the use of the town. CHAPTER 63. OF TURNING TO THE RIGHT. Section 1 . All travellers to turn to the right. 2. Liability for neglect so to do. Section 3. Prosecution limited to ninety days. 4. Action limited to one year. Section 1. Every person travelling with any carriage or other vehicle, who shall meet any other person so travelling on any high- way or bridge, shall seasonably drive his carriage or vehicle to the right of the centre of the travelled part of the road, so as to ena- ble such person to pass with his carriage or vehicle without inter- ference or interruption. Sec. 2. Every person who shall offend against the provisions of the preceding section, shall upon complaint before a justice of the peace be punished by fine not less than one dollar nor more than twelve dollars, and shall be liable for all damages sustained in con- sequence of any neglect to comply with said provisions. Sec. 3. No complaint for any offence prohibited by this chapter shall be sustained, unless made by the party aggrieved or by some person authorized by him, within ninety days after such offence is committed. Sec 4. No action for damages sustained by reason of any viola- tion of this chapter shall be supported, unless it shall be commenced within one year after the cause of action accrued. CHAP. 04.] SETTLEMENT OF PAUPERS. 135 CHAPTER 64. OF FERRIES. Section 1. Boats to be provided at all times. 2. Rates of ferriage, how fixed. Section 3. Penalty for demanding more. Section 1. Every ferryman shall keep one or more good boats in good repair, suitable for the water they are to ferry over, and shall give ready and due attendance on passengers upon all occa- sions. If any ferryman shall neglect to provide such boat, he shall forfeit ten dollars, and if he shall neglect or refuse to give such attendance, he shall forfeit five dollars, to the use of any person who shall be injured by such neglect. Sec. 2. The court of common pleas shall determine the rates of ferriage at the several ferries in their county, which shall be record- ed by the clerk, and a copy of the order of the court shall be served on each ferryman at the expense of the county, who shall cause the same to be affixed to some conspicuous place in his house, for pub- lic inspection. Sec. 3. If any ferryman shall demand and receive of any person for any service rendered by him as such ferryman, a greater sum than the rate prescribed in such order of court, the same may be recovered by the person paying the same with costs of suit, and such ferryman shall upon complaint before any justice of the peace be fined not exceeding five dollars. ^m TITLE X. OF THE SUPPORT OF PAUPERS AND THE PREVENTION OF PAUPERISM. Chapter 65. Of the settlement of paupers. Chapter 66. Of the support of town paupers. Chapter 67. Of the support of county paupers. Chapter 68. Of the maintenance of bastard children. 136 SETTLEMENT OF PAUPERS, [title X. CHASTER GS. OF THE SETTLEMENT OF PAUPERS. Section 1. Settlements, how gained. 2. Not by birth, unless parents have a settlement. Section 3. Nor unless under a law passed since December 31, 1795. 4. Settlement lost by gaining a new one. Section 1. A legal settlement may be gained by any person in any town, so as to oblige such town to support such person, if poor and unable to support himself, in the manner following, and not otherwise : First : A married woman shall have the settlement of her hus- band, if he has or shall acquire any within this State ; otherwise her settlement at the time of her marriage shall continue : Second : Legitimate children shall have the settlement of their father, if any he has within this State ; otherwise the settlement of their mother, if any she has, until they gain a settlement of their own : Third : Illegitimate children shall have the settlement of their mother at the time of their birth, if any she has within the State : Fourth : Any person of the age of twenty-one years, having real estate of the value of one hundred and fifty dollars, or personal estate of the value of two hundred and fifty dollars, in the town where he dwells and has his home, and paying all taxes duly as- sessed on him and his estate for four years in succession, shall thereby gain a settlement in said town : Fifth : Any person admitted an inhabitant by any town at any legal meeting in the warrant for which an article for the purpose shall be inserted, or who shall be chosen and shall actually serve one year in the office of clerk, treasurer, selectman or overseer of the poor therein, shall thereby gain a settlement in such town : Sixth : Any person dwelling and having his home in any unin- corporated place at the time when the same shall become incorpo- rated into a town, shall thereby gain a settlement therein : Seventh : If two or more towns shall be incorporated into one town, any person having his settlement in either of such towns, shall have his settlement in the town so incorporated : Eighth : Upon the division of any town, any person having his settlement therein, shall thereafter have his settlement in that town in which his last dwelling place shall have been. Ninth : If the dwelling house or home of any person residing but having no settlement in any town, shall by act of law fall within the limits of any other town, such person shall acquire a settlement in such last named town in the same time and manner as he would have done in the former town, if no such change had taken place : CHAP. CO.] SUPPORT OF TOWN PAUPERS. 137 Tenth : Any person of the age of twenty-one years, who shall have resided in any town in this State, and being taxed for his poll for seven years in succession, shall have paid all taxes legally as- sessed on his poll and estate during said term, shall thereby gain a settlement in such town. Sec. 2. No person shall gain a settlement by birth in any town in which neither of his parents then has a settlement. Sec. 3. No town shall be liable for the support of any person unless he or the person under whom he derives his settlement, shall have gained a settlement therein under some law passed since the thirty-first day of December, A. D. 1795. Sec. 4. Every settlement shall continue until a new settlement is gained in this State, and upon gaining such new settlement any former settlement shall be lost. CHAPTER 66. OF THE SUPPORT OF TOWN PAUPERS. Section 1. Paupers are to be supported. 2. Poor farm may be purchased. 3. Officers of poor farm appointed. 4. Paupers may be bound out. 5. Idlers set to work or bound out. 6. Mode of binding out. 7. Burial of paupers. 8. Relations of ability to support, liable. Section 9. Town may recover expense. 10. Notice of sum expended, to be given. 11. Service of such notice, how made. 12. Return of service, how made. 13. Notice good, for what time. 14. Limitations of actions. 15. Action may be transferred to another county, when. Section 1. When any person in any town shall be poor and un- able to support himself, he shall be relieved and maintained by the overseers of the poor of such town, whether he has a settlement in such town or otherwise. Sec. 2. Any town may purchase and hold lands, and may purchase or erect all buildings and furnish all means which may be necessa- ry for the accommodation, support and employment of the poor within said town, and at any legal meeting may raise so much money as may be necessary for said purposes, and for managing and keeping such property in repair. Sec. 3. The town may appoint all necessary officers for the management of such property, and establish necessary by-laws and regulations for the government of its inmates, provided that no punishment shall exceed that allowed in the house of correction of said town. Sec 4. The overseers of the poor in any town may by written contract bind out to labor for a term not exceeding one year, or 18 138 SUPPORT OF TOWN PAUPERS. [tITLE X. employ in their work house every person residing in sucli town, who Hves idly and pursues no lawful business, and who is poor and stands in need of relief, or whose family standing in need of relief is supported by such town, and shall take the wages and appro- priate the same to the maintenance of such person, his family or children. Sec. 5. Said overseers may set to work in the work house or else- where, or bind out as apprentices all children residing in their re- spective towns, who are not employed in some lawfid business, and whose parents are unable or neglect to maintain them. The males may be bound out until they arrive at the age of twenty-one years, and the females until they arrive at the age of eighteen years. Sec. 6. Such contract shall be in writing, shall be made equita- bly, and as much as may be for the interests of the persons bound out, and shall provide that they shall be instructed to read, write and cipher, and to do such work and business as is suitable to their condition. The overseers shall inquire into the usage of all per- sons so bound out, shall see that said contract is fulfilled and that all wrongs or injuries are redressed, and the rights and obligations of such master and apprentice shall be the same as in the case of other apprentices. Sec. 7. If any pauper shall die in any town in this State having a settlement in such town or otherwise, the overseers of the poor shall cause such person to be decently buried at the expense of the town. Sec. 8. The relations of any poor person in the line of father or grandfather, mother or grandmother, children or grandchildren, of sufficient ability, shall be liable to maintain such person when standing in need of relief. If such person has no such relations of sufficient ability, the town wherein such person has a legal settle- ment, shall be liable for his support. Sec. 9. If any town in this State shall expend any sum for the support or burial as aforesaid of any poor person having a settlement in some other town in this State, or having any relations of suffi- cient ability, such sum may be recovered of the town or person so chargeable by law with the support of such poor person. Sec 10. No action shall be sustained against any town or per- son chargeable as aforesaid, unless a notice in writing signed by the overseers of the poor stating the sums so expended, shall first have been given to such town or person. Sec 11. Such notice shall be served upon such town by the sheriff or his deputy, by leaving an attested copy thereof and of his return thereon with one at least of the selectmen or overseers of the poor, and with the clerk of such town ; and upon any person chargeable as aforesaid, by giving him in hand or leaving at his usual place of abode a like copy. Sec 12. The officer making such service, shall within twenty days thereafter, make a return of the original notice with his doings CHAP. 67,] SUPPORT OF COUNTY PAUPERS. 139 therein, to the clerk of the court of common pleas in the comity in which the town or person chargeable may be, and shall receive the same fees for his travel and service as by law are allowed for serv- ing writs. Sec. 13. Such notice shall be sufficient for all sums so expended within ninety days previous to such service, and for any sum so expended within one year thereafter. Sec. 14. No action aforesaid shall be sustained unless com- menced within three years from the time of the service of such notice upon the town or person chargeable, nor for any sum that may have been expended more than ninety days previous to such notice. Sec. 15. When any county in which any action for the support of a pauper is pending, may eventually be liable for the support of such pauper under any law of this State, the court shall on motion transfer such action to an adjoining county for adjudication. CHAPTER 67. OF THE DISPOSAL AND SUPPORT OF COUNTY PAUPERS. Section 1. County, when and how liable. 2. County poor-house, how provided. 3. County paupers bound out, how. 4. Town ceasing to be organized, county to support its paupers. 5. Penalty for bringing pauper from an- other state. Section 6. Master of vessel to give bond, when. 7. Penalty for not giving bond. 8. Bond, how put in suit. 9. Pauper brought from another county, penalty. 10. Such pauper may be removed. Section 1. When any poor person for whose support no person or town in this State is chargeable, shall be relieved or buried at the expense of any town, the overseers of the poor within one year thereafter, or in case a suit therefor has before the termination of said year been commenced against any town or person within six months after tlie termination thereof, may present an account of all moneys so expended to the court of common pleas of the county in which such town is, with proper vouchers, and said court shall allow such sum as they shall think reasonable, to be paid out of the treasury of the county. Sec. 2. The court of common pleas in any county, upon a recommendation of a majority of the representatives to the legisla- ture from the several towns composing said county, may provide at ilie expense of such county all such lands, buildings and articles as may be necessary for the accommodation, support and employ- ment of the poor who may be chargeable to such county, and may 140 SUPPORT OF COUNTY PAUPERS. [tITLE X. appoint suitable officers for their management and establish neces- sary rules and regulations therefor ; but in no case shall the punish- ment for any offence exceed that allowed by law in the house of correction. Sec. 3. The court of common pleas may bind out, or may authorize the overseers of the poor of any town to bind out or employ any person chargeable or liable to be chargeable to the county, in the same manner that such overseers might do in case of a person chargeable to such town ; and the rights and obligations of all par- ties shall be the same as in such case. Sec, 4. When any town in this State shall cease to be organized as a town, all paupers who may have a legal settlement in such town and who have no relations by law bound to support them, shall be maintained by the county in v/hich such town is situate, imtil the same shall be reorganized. Sec. 5. If any person shall bring from any other state and leave in any town in this State, or shall so bring with intent to leave, any poor and indigent person having no visible means of support and no settlement within the State, knowing such person to be poor and indigent as aforesaid, he shall be punished by fine not exceed- ing three hundred dollars nor less than fifty dollars, or by impris- onment not exceeding six months. Sec. 6. No master of any vessel having passengers on board who have no settlement within this State, shall suffer such passengers to land, until he shall give bond to the State in a sum equal to two hundred dollars for every such passenger, with sufficient sureties to the satisfaction of the selectmen of the town in which such pas- sengers are landed, conditioned to indemnify and save harmless such town and every town and county in the State, from all expen- ses which for three years thereafter may arise from such passen- gers, whose names shall be inserted in said bond. Sec. 7. If any master shall suffer any such passenger to land before such bond shall be given, unless the same shall be dispensed with by such selectmen on application therefor, he shall be punished by fine not exceeding two hundred dollars for each passenger so land- ed, or by imprisonment not exceeding one year. Sec. 8. Said bond shall be filed by the selectmen Avho approve the same, in the office of the clerk of the court of common pleas for the county, and may by leave of the court be prosecuted for the benefit and at the expense of the party applying. Sec 9. If any person shall bring and leave, or bring with intent to leave, any poor and indigent person having no visible means of support, into any county in this State, from any other county in which such poor person may have resided or have been supported, such poor person not having a legal settlement in any town nor any relation chargeable for his support within the county into whicl'' such poor person is brought, knowing him to be thus poor and indigent, he shall be punished by fine not exceeding two hundred CIIAF. G8.] BASTARD CHILDREN. 141 dollars nor less than thirty dollars, or by imprisonment not exceed- ing six months. Sec. 10. Every such poor and indigent person may be removed from said county by order of the court of common pleas into the county from which he was so brought as aforesaid. OF THE MAINTENANCE OF BASTARD CHILDREN. Section 1. Warrant for arrest, how issued. 2. Bond may be required. 3. Proceedings returned to court of com- mon pleas. 4. Mother may be a witness, when. .5. Security for support required. 6. Town may prosecute complaint. 7. Town may make complaint. Section 8. Proceedings on such complaint. 9. Costs for respondent, if not guilty. 10. Respondent imprisoned, how dis- charged. 11. Respondent goingoutof county, how arrested. 12. Proceeding on such arrest. Section 1. If any v^^oman is pregnant with a cliild which, if born alive, may be a bastard, she may make complaint in writing under oath to any justice of the peace in this State against any man, charging him with having begotten such child ; and said justice may thereupon issue his warrant commanding the person so charged to be brought before some justice of the peace in and for the coun- ty in which the oftence is alleged to have been committed, or in which the person so charged may reside. Sec. 2. The justice before whom such person shall be brought, if he see fit, may order such person to give bond to the complain- ant in a reasonable sum, with sufficient surety or sureties to the satisfaction of the justice, conditioned to appear at the term of the court of common pleas next to beholden within and for the county in which the offence is charged to have been committed, to answer to such complaint and to abide the order of said court thereon, and in default thereof may commit him until such order is performed. Sec. 3. Said justice shall make a certified copy of each paper in said case, and shall deliver the same to the complainant or return the same to said court on or before the first day of the term afore- said ; and said complaint shall be entered at said term, and the person charged may be ordered to give bond as aforesaid to the sat- isfaction of said court, for his appearance at any future day or term and to abide the order of the court. The complaint shall be tried by the court, unless either party requests a jury, in which case it shall be tried by a jury, and the issue shall be chaj^geable or not chargeable. Sec 4. Any woman who shall have made her complaint in the 142 ^ BASTARD CHILDREN. [tITLE X. manner aforesaid, charging any man with being the father of the child and stating the time when and the place where the same was begotten, and shall have declared in the time of her travail the same person to be the father of the child to the persons attend- ing her, if any person did attend her, and shall have continued constant in such accusation, shall be a competent witness on the trial of such complaint, her credibility being left to the court or jury who try the cause ; but no woman shall be admitted as a witness as aforesaid who shall have been convicted of any crime rendering her incompetent to testify in any other case. Sec. 5. If any man is found chargeable as aforesaid, the court shall order him to pay such sum as they shall deem reasonable, to the mother of the child or the selectmen of the town liable by law for the maintenance of the child, to be applied for such main- tenance, and also to pay costs of prosecution, and may order him, or the mother or both to give security to save such town harmless from all charge for the maintenance of such child. Any person who shall neglect or refuse to obey any such order, may be com- mitted until the same is obeyed. Sec. 6. If any woman after having made her complaint as afore- said, shall abandon the same, the town liable by law as aforesaid, shall upon application to the court or justice in writing made for that purpose by their selectmen, agent or attorney, be admitted to prosecute said complaint, a record whereof shall be made; and all subsequent proceedings thereon shall be the same as if said com- plaint had been instituted originally by such town. Sec 7. If the mother of a bastard child neglects or refuses to make complaint as aforesaid, or having made a complaint shall neglect to prosecute the same in the court aforesaid, or shall in the opinion of the selectmen of any town liable by law as aforesaid make a false complaint, any justice of the peace to whom complaint may be made by said selectmen against any man, charging him with having begotten such bastard, may issue his warrant under his hand and seal directing such person to be brought before some justice of the peace in and for the county in which the offence was committed, or in which such offender may reside. Sec. 8. Such complaint shall be in the name of such town, and the proceedings thereon shall be the same in all respects as if the mother had complained as aforesaid. If found chargeable, he shall be ordered to give security to save the town harmless from the maintenance of such child, and to pay all costs of prosecution and to stand committed until said order shall be performed. Sec 9. When any town is a party to such prosecution and the party accused shall be found not chargeable, he shall recover his costs against such town. Sec. 10. If any person committed to prison by virtue of this act, is poor and unable to pay such sum or to procure such security as may be ordered, said court may on application for that purpose CHAP. G9. PUBLIC INSTRUCTION. 143 discharge such person from imprisonment at such time and upon such terms as they shall think expedient. Sec. 11. Whenever a warrant shall be issued as aforesaid by any justice, and the person charged therein shall either before or after the issuing thereof escape or go out of the county, the sheriff there- of or his deputy, or any constable of the town to whom such war- rant shall be directed, may pursue such person and apprehend him in any county in this State, and carry him before any justice in and for the county in which he was so apprehended, for examina- tion. Sec. 12. If it shall appear to said justice that said warrant was duly issued, and that such person did escape or go out from such othei county as aforesaid, he shall issue his warrant thereupon di- rected to such sheriff, deputy or constable, commanding such offi- cer to carry such person before some justice in and for the county from which he has so escaped or gone out, for trial, and that such further proceedings may be had thereon as the law requires. TITI.E XI. OF PUBLIC INSTRUCTION. Chapter 69. Of the creation and division of school districts. Chapter 70. Of the meetings and officers of school districts. Chapter 71. Of school houses. Chapter 72. Of the assessment and apportionment of school taxes. Chapter 73. Of the regulation, instruction and inspection of schools. Chapter 74. Of schools in the town of Portsmouth. Chapter 75. Of the literary fund. CHAPTER 69. OF THE CREATION AND DIVISION OF SCHOOL DISTRICTS. Section 1. Town to be divided into districts. 2. Limits of districts defined and altered. 3. If town neglects, to be done by select- men. 4. Selectmen may alter in certain cases. Section 5. Town not divided, liable as a district. 6. Penalty for neglect to make division. 7. District divided, property appraised. 8. Allowance to be made. y. Districts united, school house, &c. 144 SCHOOL DISTRICTS. [TITLE XI. Section 1. Every town shall be divided by metes and bounds into so many districts as the public good requires, Avhich shall be distinguished by suitable boundaries and include all the territory of the town. Sec 2. At any legal meeting for that purpose such division may be made by vote of the town, and the limits of such districts de- fined and from time to time altered as convenience may require, a record of which shall be made. Sec. 3. If any town shall neglect so to divide itself into school districts, the selectmen on application in writing by ten legal vo- ters shall forthwith divide the town into districts, define their boundaries and cause a record thereof to be made by the town clerk within thirty days after such application. The town of New- ington is exempted from this section. Sec. 4. Any town not divided as aforesaid shall be considered, where necessary, as one district, and shall be entitled to all the rights and subject to all the duties and liabilities of a town and of a district respectively. Sec. 5. If the selectmen of any town shall neglect for six months after application made, to make a division as aforesaid, they shall forfeit a sum not exceeding one hundred dollars. Sec G. When a new district is formed from one or more dis- tricts, the selectmen upon the petition of a majority of the legal voters of such new district, shall appraise all the property belonging to and all the debts due by each district so divided. Sec 7. If the property exceed the debts, the selectmen shall assess upon the polls and ratable estate of that part of the district retaining such property, a reasonable sum not exceeding the pro- portion of the excess which the polls and ratable estates of the parts of the district so divided bear to each other, and shall assess and collect the same in the same manner as school house taxes, and cause the same to be paid over and applied for the use of such new district. Sec 8. Two or more contiguous districts in adjoining towns may, upon such terms as they shall think proper, unite in the sup- port of schools to be kept from year to year, so long as they agree, within either of such towns for the common benefit of such dis- tricts, and it shall be lawful for the prudential committees of such districts, so long as such union exists, to expend in the support of said schools the proportions of school money assigned to their re- spective districts by the selectmen of their respective towns. Sec 9. Each of the districts so uniting shall maintain its sepa- rate organization, and may raise money to build, repair, alter, re- move and furnish a school house and other necessary buildings for their common use, although the same be not located Avithin the dis- trict raising the money, and the money so raised shall be assessed and collected in the same manner as though it had been raised to build a school house within such district. CHAP. 70] MEETINGS OF SCHOOL DISTRICTS. 145 CHAPTER 70. OF THE MEETINGS AND OFFICERS OF SCHOOL DISTRICTS. Section 7. Officers of the district. 8. Clerk of district, his duties. 9. Vacancies, how filled. 10. Prudential committee, duties. 11. " " maybe removed. Section 1. District may sue, hold property, «fec. 2. Execution against district, how levied. 3. Meetings, how and when holden. 4. Special meetings called. 5. Meetings warned by selectmen. 6. Who are voters. Sectiox 1. Every school district shall be a body politic and cor- porate, and may sue and be sued, take, hold, manage and convey real and personal property for the nse of the district, and make and enforce all necessary contracts in relation thereto. Sec. 2. When an execution shall issue against any school dis- trict, a copy thereof shall be left with one of the selectmen of the town, and the selectmen shall assess the inhabitants of such district in a sum sufficient to satisfy the same, and shall have the same authority in the collection thereof that they now have in the col- lection of town taxes. Sec. 3. There shall be a meeting holden annually in the month of March in each school district, excepting such towns as shall have adopted the provisions of the chapter relating to schools in Ports- mouth, and the prudential committee of the district shall warn the , same by posting up a notice signed by such committee, stating the time, place and purposes of the meeting, on the door of the school house, if there be any in the district, otherwise at one or more pub- lic places in the district, seven days at least prior thereto. Sec 4. Special meetings may be called at any time in the same manner, except for raising money or building or repairing school houses, in which case the notice shall be posted up fifteen days prior to the meeting, or given to each voter in hand or left at his usual place of abode at least ten days prior thereto. Sec 5. If the prudential committee shall neglect to warn any such annual meeting by posting up the required notice prior to the fifteenth day of March, or shall neglect for the space of ten days after application made in writing by three or more voters of the district to call any such special meeting, the selectmen upon a like application shall call such annual or special meeting, by causing a like notice signed by them to be posted up or served in the manner prescribed in the two preceding sections. Sec 6. Any person qualified to vote in town aflairs, may vote at any district meeting in the district in which he resides and has his home. Sec 7. Tiie officers of the district shall be a moderator, a clerk and a prudential committee not exceeding three, all of whom shall 19 146 SCHOOL HOUSES. [title XL be legal voters in the district and shall hold their offices until the next annual meeting, or until others are duly elected and qualified in their stead. Sec. S. The clerk before entering upon the duties of his office shall be sworn to the faithful performance thereof, which oath may be administered by the moderator and shall be recorded. The clerk shall keep a true and perfect record of all the doings of each meeting, which shall be signed by him, shall deliver to the select- men a certified copy of every vote to raise money within ten days thereafter, and shall make and certify copies of any record when required and payment therefor tendered. Sec. 9. If any vacancy shall occur in the office of clerk or pru- dential committee from neglect to choose or any other cause, the selectmen upon the application of one or more voters in such dis- trict shall fill such vacancy, and the officers thus appointed shall hold their offices until new ones are legally cliosen and qualified, and shall possess all the powers and be subject to all the duties incident to said offices. Sec. 10. It shall be the duty of the prudential committee to select and hire teachers for the district, provide for them board, fiunish necessary fuel, make such occasional repairs in the school house and furniture as may be necessary, not exceeding in amount five per cent, of the school money for the district, notify the super- intending school committee of the commencement of the summer and winter school and give them all such information and assistance ♦ as may be necessary for the performance of their duties. Sec. 11. If any member of the prudential committee is incom- petent or irresponsible, or mismanages the aflairs of the district, the selectmen on the petition of one fourth of the legal voters of the district may dismiss him from office, and cause him to be notified of such dismission by giving to him in hand or leaving at his usual place of abode in such district a written notice thereof. CHAPTER 71. OF SCHOOL HOUSES. Section L School houses, erection, &c. 2. If voters aggrieved, remedy. 3. Proceedings on such hearing. 4. Costs, how allowed. 5. If district do not agree on location. Section 6. If district destitute, remedy. 7. If lot cannot be purchased, remedy. 8. Proceedings in sucli case. 9. Taxes, how assessed. Section 1. At any meeting legally holden for the purpose, any district may vote to build, purchase, repair, alter or remove a CHAP. 71.] SCHOOL HOUSES. 147 school house in and for such district and other necessary build- ings therefor, and to furnish the same with all necessary apparatus and furniture for the use of the school therein ; may decide upon the location thereof and purchase land therefor not exceeding half an acre ; may choose committees with power to carry said votes into effect, and may raise money therefor. Sec. 2. If any three or more voters in such district are aggrie- ved by such location, they may apply by petition to the selectmen who, if they think expedient, shall appoint a committee of three or five qualified voters of the town not resident in the district, to ex- amine and report thereon. Sec. 3. Said committee shall appoint a time and place of hear- ing said petition, and shall notify one or more of said petitioners, and also the prudential committee or clerk of the district, thereof, and after such hearing, their report thereon signed by them, return- ed to the selectmen and recorded in the books of the town, shall be binding upon said district as if such new location had been made by a vote of the district. Sec 4. If such location is changed, costs shall be taxed by the committee in favor of the petitioners for the reasonable expenses of the committee and of the petitioners, which shall be paid by the district ; if the location is not changed, the expenses of the com- mittee shall be paid by the petitioners. Sec 5. If at any meeting the district do not agree upon a loca- tion for a school house, the selectmen upon the petition of three or more voters in the district shall appoint a time and place of hear- ing thereon, notify one or more of the petitioners and the pruden- tial committee or clerk of the district thereof, and after such hear- ing their report designating a location, which shall be recorded in the books of the town, shall be binding upon such district as if made by a vote thereof. Sec G. If any district is destitute of a school house, or suffers the same to be out of repair, or shall be. ordered to remove or fit up the same, or to raise any sum of money or do any act required by law, and shall neglect so to build, repair, remove, or fit up such school house, or raise such sum or do such act, the selectmen upon the petition of three or more voters resident in the district, stating such facts, may assess and collect such • sum of money as may be necessary, and cause such house to be built, removed, repaired or fitted up, such moneys to be expended and such orders to be exe- cuted in such manner as they shall think expedient. Sec. 7. If a suitable place for the location of a school house is designated in either of the ways aforesaid, and the owner shall re- fuse to sell the same for a reasonable price, the selectmen upon petition therefor may lay out said lot not exceeding one eighth of an acre, for that purpose, and appraise the damages to the owner, and the proceedings thereon and for obtaining increased damages 148 SCHOOL TAX. [title XI. ill case the owner is dissatisfied, shall he the same as in case of a highway laid out by the selectmen. Sec. 8. A record of the doings of the selectmen shall be made by them in the books of the town, and upon payment or tender of the damages so assessed by the selectmen, the land so laid out shall vest in said district, but shall revert to the owner whenever the district shall vote to discontinue the use thereof, or shall neglect to use the same for two years successively. Sec. 9, For the purposes aforesaid every person shall be taxed in the district in which he lives, for his poll and all the personal estate which he holds in the town, and all real estate in the town shall be taxed in the district in which it is. CHAPTER 73. OF ASSESSMENT AND APPORTIONMENT OF THE SCHOOL TAX. Section 1. School tax, amount and assessment. 2. Town may raise more money. 3. Appropriation of money. 4. Money to be assigned. Section 5. Neglect of selectmen, penalty. 6. " committee, penalty. 7. School, where to be kept. 8. Portsmouth, t&c, excepted. Section 1. The selectmen of each town shall assess annually upon the polls and ratable estate by law taxable therein, a sum to be computed at the rate of one hundred dollars for every dollar of the public taxes apportioned to such town, and so for a greater or less sum. Sec. 2. The town at any legal meeting for the purpose may raise a sum exceeding the amount aforesaid, which shall be assessed in the same manner. Sec. 3. Such sum when collected shall be appropriated to the sole purpose of keeping an English school or schools within such town for teaching reading, writing, English grammar, arithmetic, geography, together with such other branches of English education as are adapted to the advancement of the school, including the pur- chase of necessary fuel for the school and occasional repairs as specified in this title. Sec 4. The selectmen shall assign to each district a proportion of the money thus assessed, according to the valuation of the dis- trict for the year or in such other manner as the town at the annual meeting shall direct, and shall pay over the same to the prudential committee of the district. Sec 5. If the selectmen of any town neglect to assess, or assign or pay over the school money as aforesaid, they shall forfeit and pay for each neglect a sum equal to that so neglected to be assessed, CHAP. 73.] REGULATION OF SCHOOLS. 149 or assigned or paid over, which shall be for the use of the district aggrieved thereby, and may be recovered by action of debt in the name of snch district by the prudential committee. Sec. 6. If the money so assigned and paid over to the prudential committee of any district, shall be by him not expended according to law, he shall forfeit for each otience a sum not less than the sum so unexpended or not expended legally, and not exceeding twice said sum, to be recovered by indictment or by information ; the cost to be paid to the county treasurer and the penalty to be paid to the selectmen for the use of the district. Sec. 7. It shall be unlawful to keep a district school in any other place than in the school house belonging to the district, unless there be no school house, or the school house be out of repair or not of sufficient size to accommodate the scholars ; in which cases the prudential committee may, with the consent and approbation of the selectmen, provide suitable rooms and conveniences for the use of the school at the expense of the district. Sec. 8. The town of Portsmouth and such other towns as legally adopt the provisions of the chapter of this title made for the town of Portsmouth, are exempted from the operation of the foregoing provisions so far as the same relate to the mode of appropriation and expenditure of said school money. CHAPTER 73. OF THE REGULATION, INSTRUCTION AND INSPECTION OF SCHOOLS. Section 1. Superintending commiUee appointed. 2. Duties of such committee. 3. To dismiss teachers incompetent. 4. To dismiss disobedient scholars. 5. Inspection of schools dispensed with. 6. Scholars may be classified. 7. Where scholars may attend school. 8. Masters to be examined. Section 9. Mistresses to be examined. 10. Not to be paid, unless, &c. IL Class books, how determined. 12. Sectarian books prohibited. 13. Poor children to be furnished. 14. Report of superintending committee, 15. Compensation of committee. 16. Virtues to be inculcated. Section 1. Each town shall annually in the month of March elect by ballot a superintending school committee consisting of not less than three, nor more than five persons ; and whenever any town shall neglect to choose such committee as aforesaid, the selectmen shall before the twentieth of April appoint said com- mittee. Sec 2. It shall be the duty of said committee to examine every person pro|x»sing to teach any district school in such town ; to visit 150 IIEGULATION OF SCHOOLS. ..[hTLEXI. and inspect every school at least twice in each year; to inquire into the regulation and discipline thereof and suggest any necessary alterations ; to examine the proficiency of the scholars and to use their influence that all the youth of each district attend and profit by the school therein. Sec. 3. Such committee upon a petition of a majority of the legal voters in any district shall dismiss the teacher in such district, and shall dismiss every teacher who is unfit to teach, notwithstand- ing a certificate has been given, and such teacher shall be entitled to compensation until such dismission, but no longer. Sec 4. Such committee may upon application of the teacher or any inhabitant of the district, dismiss any scholar from the school who Avill not conform to the reasonable regulations of the school ; and it shall be unlawful for such scholar to return to or remain in said school until restored by the teacher or by the superintending school committee. Sec. 5. Any town at its annual meeting, or at any adjournment thereof, or at any meeting specially called for that purpose, may vote to dispense with the services of the superintending school committee so far as relates to the examination and inspection of schools. Sec 6. When the number of scholars in any district amounts to fifty or more, such district at a meeting legally holden for that ])urpose, by a vote of three fourths of the legal voters present may divide said scholars into two or more divisions according to age, or acquirements or both, and may direct under what teacher each division shall be instructed. Sec 7. No person shall have a right to send to or receive any benefit from any school in a district in which he is not a resident, without the consent of such district. Sec 8. No person shall be employed as a school master unless he is a citizen of the United States, and shall produce a certificate from the superintending school committee of the town Avhere such school is to be kept, that he is well qualified to instruct youth in the various branches required to be taught in an English school in this State, and produce satisfactory evidence of his good moral character. Sec 9. No person shall be employed as a school mistress unless she shall produce a certificate from the superintending school com- mittee of the town where the school is to be kept, that she is suita- bly qualified to teach the English language grammatically and the rudiments of arithmetic and geography, and shall produce satisfac- tory evidence of her good moral character. Sec. 10. The district shall be liable for the wages of the teacher and for all contracts lawfully made by the prudential committee ; but no person shall receive any compensation for teaching a district school without producing to the prudential committee the certifi- cate by this chapter required. ^ CHAP. 73.] REGULATION OF SCHOOLS. 151 Sec. 11. The superintending school committee shall determine and direct the class books to be used in the district schools of the town, and the parents, masters or guardians of the scholars attend- ing such schools, shall supply said scholars with the books so direct- ed to be used. Sec. 12. No book shall be directed to be used as a school book, which is calculated to favor any particular religious or political sect or tenet. Sec. 13. If any poor child attending any district school is desti- tute of necessary class books, the selectmen shall provide such books at the expense of the town upon application therefor. Sec. 14. The superintending school committee shall make out annually a report, and present the same to the town at its annual meeting, stating the number of weeks which the public schools have been kept in each district in summer and in winter, and what portion thereof has been kept by male and what portion by female teachers ; the whole number of scholars that have attended each school ; the progress made in each school in the various branches of learning ; the number of children between the ages of four and fourteen years in each district that have not attended school therein ; and the number of persons in each district between the ages of fourteen and twenty-one years who cannot read and write, with such suggestions as may be useful upon the management of schools and the subject of education. Sec 15. Such committee shall receive from the town a reason- able compensation for all services required by law to be performed by them. Sec. 16. It shall be the duty of all persons entrusted with or engaged in the instruction of the young, diligently to impress upon their minds the principles of piety and justice ; a sacred regard to truth, love of country, humanity and benevolence ; sobriety, indus- try and frugality ; chastity, moderation and temperance ; and all other virtues which are the ornament and support of human society; and to endeavor to lead them into a particular understanding of the tendency of all such virtues to preserve and perfect a republican form of government, to secure the blessings of liberty and to pro- mote their future happiness, and the tendency of the opposite vices to degradation, ruin and slavery. 152 SCHOOLS IN PORTSMOUTH. [title XI. CHAPTER 74. OF SCHOOLS IN THE TOWN OF PORTSMOUTH. Section 1. High schools to be kept. 2. Prudential committee, how chosen. 3. " " duties. 4. To have charge of high schools. 5. To provide teachers, &c. 6. Vacancies, how filled. 7. Report to be made. 8. Scholars for high schools selected. Section 9. Qualifications of teachers. 10. Class books, how determined. 11. Money, how apportioned. 12. Town may raise more money. 13. Neglect of selectmen to assess, i&x;.. penalty. 14. General school laws in force. 15. Any town may adopt. Section 1. There shall be kept and maintained in the town of Portsmouth, in addition to the district schools, at least two high schools, one for males and the other for females, in which shall be taught all the branches usually taught in an English grammar school with such additional branches as the town may direct. Sec. 2. The prudential committee of each district shall consist of three or more persons, to be chosen by ballot by the district, the first named of whom shall be chairman, and to hold their office until the next annual meeting and until others are chosen and qualified in their stead. Sec. 3. They shall perform all the duties of the superintending school committee as well as of a prudential committee, except as is hereinafter specified ; and shall determine and direct what class books shall be used in their respective district schools, which shall be furnished by the parents, master or guardian of any child attend- ing said school. Sec. 4. The several chairmen of the prudential committees shall constitute a board for the superintendence of the high schools afore- said, to be called the high school committee. Sec 5. They shall examine and contract with the teachers of the high schools, fix and pay their salaries, provide all necessary fuel and apparatus for the schools, receive and appropriate the mo- ney assigned to such schools, regulate the admission of scholars, prescribe the class books to be used and transact all other business relating to the government of said schools. Sec 6. If there shall be a vacancy in either of said committees either from neglect to choose or any other cause, the selectmen shall immediately fill such vacancy. Sec 7. Each prudential committee and the high school commit- tee shall annually, on or before the first day of March, make a report of their doings to the selectmen containing an account of their receipts and expenditures for the year, the number of schools under their control, the number of pupils of each sex belonging to each school, the average num.bcr of each sex attending school, their CHAP. 74.] SCHOOLS IN PORTSMOUTH. 158 ages, the various branches of study taught in "each school, and the number of scholars in each branch and such other matters as may serve to present a general view of the condition of each school ; and the selectmen shall lay such reports before the town at its annual meeting. Sec. 8. Said high schools shall be for the common benefit of all the districts of said town, and each district may send an equal pro- portion of scholars possessing the requisite qualifications, to each of the high schools, under such regulations as may from time to time be established by the high school committee, and this proportion shall be determined as nearly as may be by the number of pupils attending school in each district. Sec. 9. No person shall be employed as a teacher in either of said high schools who is not qualified to teach English grammar, book- keeping, geometry, smveying, navigation, mensuration, algebra, astronomy and natural history, besides the qualifications required of teachers of district schools. The town or the high school com- mittee may require such additional qualifications as they shall think expedient. Sec. 10. The high school committee shall determine and direct what class books shall be used in the several high schools, which shall be furnished by the parents, master or guardian of every child attending said school. Sec. 11. The selectmen shall annually assign and pay over to the high school committee such portion of the school money as they shall think sulficient for the support of said schools, or as the town shall direct, and shall assign and pay over the balance to the several district committees as nearly as may be in proportion to the number of scholars in each district respectively. Sec 12. Said town at its annual meeting or at any meeting called for that purpose, shall raise so much money as is necessary for erecting, enlarging, repairing, purchasing, removing or hiring school houses and other buildings for the accommodation of the schools therein, with necessary furniture and apparatus, and the selectmen shall assess such sum upon the polls and ratable estates within the town, and shall cause the same to be collected like other town taxes and shall appropriate the same for the purposes for which it was raised. Sec 13. If the selectmen shall neglect to assess, collect, appor- tion, pay over or appropriate any sum of money in the manner pre- scribed by law, or if either of the committees aforesaid shall ne- glect so to appropriate or shall misapppropriate the same, the person so offending shall be liable to the same penalty provided in case of neglect of selectmen to assess and apportion school money. Sec 14. All the provisions contained in the general laws of this State relating to schools, shall be in force in the town of Portsmouth, except so far as the same are herein modified or rescinded. vSec 15. Any town at its annual meeting or at any meeting 20 154 LITERARY FUND, [title XI. lawfully called for the purpose, may adopt the provisions of this chapter, which shall then extend and apply to such town as fully as to the town of Portsmouth, CHAPTER 75. OF THE LITERARY FUND. Section 1. Literary fund established. 2. Board of commissioners. 3. Amount of capital determined. 4. Distribution to towns annually. Section 5. Unincorporated places excepted. 6. Money, how to be expended. 7. If expended otherwise, penalty. Section 1. Every banking corporation in this State shall pay to the treasurer of the State on or before the second Wednesday of June annually, one half of one per cent, on the amount of the ac- tual capital stock of the bank at that time. The sums so paid shall constitute a fund to be called the literary fund, and shall be kept and accounted for by the treasurer. Sec. 2. The governor, secretary and treasurer of the State for the time being shall constitute a board of commissioners to manage said fund. Sec 3. If any dispute shall arise respecting the amount of the capital stock of any bank, the same for the purposes of this chap- ter shall be determined by said commissioners. Sec. 4. The treasurer of the State shall assign and distribute in the month of June annually all sums so received by him, among the several towns and places in the State according to the then existing apportionment of the public taxes. Sec 5. No unincorporated place shall receive such proportion until a treasurer or school agent shall have been chosen to receive and appropriate the same in the manner hereinafter directed. Sec 6. The money received by any town or place as aforesaid, shall be applied to the maintenance of common schools or to other purposes of education, in addition to the sums required to be raised by law, and in such manner as the town shall direct. Sec 7. If any town or incorporated place or the agent of any unincorporated place shall apply any sum of money so received, to any other purpose than as aforesaid, the town, place or agent so offending shall forfeit and pay double the sum so misapplied, to be recovered by indictment for the use of the county. CHAP. 70. MILITIA EXEMPTIONS. 155 TITLE XII. OF THE MILITIA. Chapter 76. Of exemptions. Chapter 77. Of enrolments. Chapter 78. Of warnings. Chapter 79. Of uniform and equipments. Chapter 80. Of fines for non-appearance equipments. Chapter 81. Of excuses and certificates of disability. Chapter 82. Of distress for fines. Chapter 83. Of pay and rations. Chapter 84. Of companies and enlistments. Chapter 85. Of ordnance and gun houses. Chapter 86. Of state arms, furnished by the State. Chapter 87. Of trainings and regimental musters. Chapter 88. Of returns. Chapter 89. Of orderly books and rosters. Chapter 90. Of instruction of officers and musicians. Chapter 91. Of detachments for actual service. Chapter 92. Of regiments, brigades and divisions. Chapter 93. Of officers. Chapter 94. Of the adjutant general. Chapter 95. Of the commissary general. Chapter 96. Of courts martial. Chapter 97. Of courts of inquiry. Chapter 98. Of incorporation of military companies. and deficiencies of CHAPTER 76. OF EXEMPTIONS. Section 1. Absolute exempts. 2. Conditional exempts. Section 3. Money received of exempts. Section 1. The following persons are exempted from military duty : the vice president of the United States ; the officers judi- cial and executive of the government of the United States ; mem- bers and officers of both houses of congress ; all custom house officers and their clerks ; all post officers and stage drivers who are employed in the care and conveyance of the mail of the United Stales ; all ferrymen necessarily employed at any ferry on any 156 EXEMPTIONS. [title XII. post road ; all inspectors of exports ; all pilots ; all mariners actu- ally employed in the sea service of any citizen or merchant within the United States ; the members and officers of the legislature while in session; all persons who, having held commissions in the army or navy of the United States or in the militia of any state for the term of four years, shall have been regularly discharged or superseded ; all persons who, having held a warrant as drum or fife major, shall have done duty as such for the term of four years ; fire enginemen or hosemen who shall on or before the twentieth day of April annually produce to the commanding officer of the company within whose limits they reside, a certificate of the fire- wards that they have been legally appointed and are bound to per- form the duty of enginemen or hosemen : clergymen of every religious denomination ; every person of the religious denomina- tions of Quakers and Shakers, who shall on or before the twen- tieth day of April annually produce to the commanding officer of the company within whose limits he shall reside, a certificate signed by two or more of the elders or overseers and the clerk of the meeting or society with which he meets for worship, in substance as follows : We, the subscribers, elders (or overseers as the case may be) of the meeting of the society of do hereby certify that frequently and usually attends with said society for public worship, is a regular member thereof, and we believe he is conscientiously scrupulous of bearing arms. A.B.I Elders (or D^:} E. P., Clerk. C. D. 5 Overseers., Sec. 2. The following persons are conditionally exempted from military duty, namely : the members of the executive council ; judges and clerks of all courts of record ; judges and registers of probate ; registers of deeds ; the attorney general ; the secretary and treasurer of the State ; physicians and surgeons on whom has been conferred the degree of doctor of medicine, or who shall be recommended by any regular medical society ; persons who having held a commission in the army or navy of the United States or in the militia of any state for a less term than four years, shall have been regularly discharged ; provided that each of the foregoing persons shall annually pay into the town treasury of the town in which he resides, the sum of two dollars, and on or before the twentieth day of April in each year produce to the commanding officer of the company within whose limits he may reside, a certi- ficate of such payment signed by the town treasurer or selectman receiving such payment, which he is hereby required to give ; every person conscientiously scrupulous of bearing arms, who shall annu- ally pay into the treasury of the town or place where he may re- side, the sum of three dollars, and shall on or before the twentieth day of A])ril in each year produce to the commanding officer of the CilAi ENROLMENTS. 157 company within whose limits he may reside, a certificate of such payment signed by the treasnrer or selectman receiving the same, which they are hereby required to give. Persons between the ages of forty and forty-fiv^e years shall be enrolled as conditional exempts, but shall not be liable to do mili- tary duty, unless in cases of invasion or insurrection when the mili- tia shall be ordered out by the commander in chief. Sec. 3. All money received by the selectmen or town treasurer from conditional exempts, shall be retained by them for the use of the town. CHAPTER 7r. OF ENROLMENTS. Section 1. Persons liable to do duty. 2. Students at literary inatitutions. 3. Captains to enrol. 4. Captains to revise rolls. 5. Orderly sergeant to assist. 6. Persons to give name and age. Section 7 Names and ages of boarders to be given. 8. Companies without officers, how en- rolled. 9. Companies to be assessed. 10. Money assessed, how applied. Section 1. Every free, able bodied, white male citizen of this State resident therein, of the age of eighteen years and under the age of forty-five years, imless by law exempted, shall be liable to do military duty in the company within whose limits he may reside or into which he may have enlisted. Sec. 2. Residence in any town merely for the purpose of obtain- ing an education at any literary institution, shall not subject the .person so residing to do military duty in such town. Sec 3. Every captain of infantry shall enrol every person by law liable to do military duty, who shall reside within the bounds of his company : the insertion of the name of such person in any company orders or its annexation thereto shall in all cases be evi- dence that such person is duly enrolled. Sec 4. The captain shall annually revise the roll of his compa- ny in the month of April, and correct the same from time to time as the alterations in his company shall require. Sec 5. The orderly sergeant shall assist the commanding officer in enrolUiig such persons as may from time to time be liable to do military duty in his company, and in revising and correcting his roll, and shall enter such enrolment on the roll books of the com- pany. Sec 6. If any person when applied to by the captain or any officer of the company within whose limits he resides, shall neglect 158 WARNINGS. [title XII. or refuse to give information or shall give false answer^ in relation to his name or age with intent to discharge himself from perform- ing military duty, he shall forfeit five dollars for each offence. If such person is a minor, his parent or guardian shall be liable for such forfeiture. Sec. 7. If any person when applied to by any officer of the company within whose limits he resides, shall neglect or refuse to give information or shall give any false information, in relation to the name of any person liable to do military duty residing in his house or family, he shall forfeit the sum of five dollars. Sec. 8. Where any company is without officers and suitable persons shall not be found by the field officers willing to accept commissions, they shall appoint some suitable person to enrol all persons liable to do duty in such company. Sec. 9. Such roll shall be returned to the selectmen of the town in which the persons enrolled reside, Avho shall assess on each the sum of three dollars annually so long as such company is unorgan- ized, and issue their warrants therefor to the collector who shall collect the same as other taxes are collected, and pay the same to the selectmen. Sec 10. One half of the money so collected shall be paid to the state treasurer and the residue to the selectmen for the use of the town. CHAPTER 78. OF WARNINGS. Section 1. Captains to issue orders. 2. Privates, how warned. 3. Return of warning, how made. 4. Return may be amended. Section 5. False return, how punished. 6. Refusal to warn, penalty. 7. Verbal notice on parade. 8. Refusal to make return, penalty. Section 1. Whenever the captain shall parade his company, he shall issue his orders to one or more of the sergeants, if any, not being the orderly sergeant, otherwise to one or more privates of his company, requiring them to Avarn the officers and privates whose names are inserted in or annexed to the orders, to appear at the time and place appointed. Sec 2. Such sergeant or private shall warn every person whose name is so inserted, by delivering to him in person or leaving at his usual place of abode a written or printed order at least four days previous to the time of such parade. Sec 3. The return under oath of the sergeant or private upon the order directed to him, stating that such notice was given, or a CHAP. 79] UNIFORM AND CQUIP.MEiNTS. 159 copy of the record of such order and return in tlie company books certified by the clerk, sliall be evidence that due notice was given of enrohiient and of such parade. Sec. 4. Such return or record may be amended by such sergeant, private or clerk respectively at any time, so that all the facts may appear. Sec. 5. Any sergeant or private who shall be convicted of making a false return, shall be liable to the punishment prescribed in other cases of perjury. Sec. 6. If any sergeant or private shall neglect or refuse to warn any officer or private whom he shall be ordered to warn, he shall forfeit the sum of two dollars for each person not warned. Sec. 7. The captain may verbally warn his company when pa- raded, to appear on some day not more than thirty days after, and a record of such warning and of the names of the officers and pri- vates then present being made in the orderly book of the company and signed by the captain and clerk, said record or a certified copy shall be evidence of due notice to all then present. Sec S. If any sergeant or private shall refuse or neglect to make due return under oath of any order to him directed, agreeably to such order, he shall forfeit two dollars for each person whose name is inserted in or annexed to such orders and who shall not appear at such parade, to be recovered by action of debt by the captain ; but the captain for good cause shown within fifteen days may excuse him. CHAPTER 79. OF UNIFORM AND EQUIPMENTS. Section 1. Uniform, how determined. 2. Equipments of field and staff officers. 3. of captains and subalterns. 4. 5. 6. of infantry and grenadiers. of cavalry. riflemen. 7. artillery. Section 8. Soldiers to be constantly furnished with arms. 0. Minors, how furnished. 10. Persons unable, who deemed to be. 11. " " selectmen to provide. 12. Uniform, «fec., exempt from attach- ment. Section 1. The color and fashion of the uniform of the officers and soldiers of the infantry shall be determined by the commander in chief; that of the several companies of cavalry, artillery, light infantry, grenadiers and riflemen by the field officers of their re- spective regiments ; but the uniform of such companies shall not be changed without the consent of a majority of the company. Sec 2. All general, field and commissioned staff" officers who JGO UNIFORM AiND E^Ul ^'lMEx^'TS. [jlTLE XII. have a rank assigned them, shall be armed with a sword and a pair of pistols and severally furnished with a suitable horse, saddle, bridle, mail-pillion, valise, holsters, boots and spurs. Sec. 3. Captains, subalterns and non-commissioned staff officers shall be armed with a sword. Sec. 4. Non-commissioned officers and privates of infantry, light infantry and grenadiers shall be armed with a good musket, with a flint lock and two spare flints, or musket with a percussion lock and a box containing not less than twenty-five percussion caps, with a steel or iron ramrod and suitable bayonet, and equipped with a priming wire and brush, bayonet, scabbard and belt, a cartridge box that will contain twenty-four cartridges suited to the bore of his musket, a knapsack and canteen. Sec, 5. Officers and privates of cavalry shall be armed with a sabre and pair of pistols, and shall severally furnish themselves with a good horse at least fourteen and a half hands high, a good saddle and bridle, mail-pillion and valise, holsters with bearskin caps, a cartridge box to contain twelve cartridges, boots and spurs. Sec. 6. Non-commissioned officers and privates of any company of riflemen shall be armed with a good rifle and equipped with a powder flask and bullet pouch, knapsack and canteen. Sec. 7. Non-commissioned officers and privates of artillery shall be armed with swords and equipped Avith a knapsack and canteen. Sec 8. Every officer, non-commissioned officer and private shall constantly keep himself furnished with the arms and equipments required by law, except such private of infantry as shall not be able to provide himself. Sec. 9. Minors liable to do military duty, shall be furnished with such arms and equipments by their parents, masters or guardians, unless they are unable to furnish the same. Sec. 10. No person shall be deemed unable to provide the arms and equipments aforesaid for himself or any minor under his care, unless he shall in the month of April annually produce to the cap- tain a certificate of such inability, from the selectmen of the town where such minor or person liable to do military duty resides. Sec 11. Such selectmen shall forthwith provide at the expense of their towns the arms and equipments aforesaid, for every such minor or private to whom they may grant such certificate, and shall permit the captain to deliver the same to such private or minor, whenever his company shall be ordered out for military duty ; and such captain shall be responsible for the safe return of such arms and equipments to the place of deposit provided by such selectmen. Sec 12. Every officer, non-commissioned officer and private shall hold his uniform, arms and equipments exempted from attachment and execution and from distress for taxes. CHAP. 80.] FINES. 161 CHAPTER 80. OF FINES FOR NON-APPEARANCE AND DEFICIENCIES OF EQUIPMENT. Section Section 1. Fine for non-appearance or desertion. 6. Fine for loaded arms. 2. " " deficiency of uniform. 3. " " deficiency of equipment!;. 4. " " unserviceable equipments. 5. " " arms not in order. 7. " " disobedience and disrespect. 8. " " discharging firearms. 9. Treating at trainings forbidden. Section 1. If any non-commissioned officer or private after due notice shall unnecessarily neglect to appear at any training, inspec- tion or review, or shall be at any time absent from his guard, platoon or company without leave from the captain before such company shall be dismissed, he shall pay a fine of three dollars at each regi- mental muster and two dollars at each company inspection or training. Sec. 2. If any non-commissioned officer or private of cavalry, artillery, light infantry, grenadiers or riflemen shall after due notice appear at any training, inspection or review without the uniform of his company, he shall pay a fine of three dollars at each regi- mental muster and two dollars at each company inspection or training. Sec. 3. Every non-commissioned officer and private who shall appear on parade not completely equipped according to law, shall pay the following fines for the equipments with which he shall not be provided, to wit : a gun, eighty cents ; iron or steel ramrod, twenty cents ; bayonet, scabbard and belt, twenty-five cents ; rifle, one dollar ; pistol, forty cents ; sword, forty cents ; two spare flints, ten cents ; one box containing not less than twenty-five percussion caps, ten cents ; priming wire and brush, ten cents ; cartridge box, twenty-five cents ; knapsack, twenty cents ; canteen, ten cents ; valise, twenty cents ; holsters, twenty cents ; powder flask or bullet pouch, twenty-five cents. Sec. 4. No non-commissioned officer or private shall be deemed legally provided with any article of equipment, if the same shall be of bad quality, unserviceable or not such as the law requires, and the rejection of any such article by the insj)ecting officer shall be evidence of deficiency of the same. Sec. 5. If any non-commissioned officer or private shall neglect to have his gun and bayonet, or rifle or pistols clean and in good order, he shall pay a fine of fifty cents. Sec. 6. If any non-commissioned officer or private shall come on parade with his musket, rifle or pistol loaded with powder and ball, slugs or shot, he shall pay a fine of two dollars. 21 162 EXCUSES AND CERTIFICATES. [tITLE XII. Sec. 7. Every non-commissioned officer or private who shall while on duty at any muster or training disobey any command of his superior officer, or shall insult or abuse, or treat with disrespect any of his officers, or shall attempt to disturb the order of parade or to bring ridicule upon his officers or company or upon the mili- tary service, by appearing in a grotesque or unusual dress or by affected awkwardness and ignorance of his duty, shall be deemed guilty of disorderly conduct and shall pay a fine of two dollars. Sec. 8. If any non-commissioned officer or private shall on the day of any muster or training, or the evening following, discharge any firearms in or near the place of parade, or any public road or dwelling house without permission of a commissioned officer, he shall forfeit two dollars to be recovered by any person who will sue for the same. Sec. 9. If any commissioned or non-commissioned officer shall on the day of any muster or training, furnish directly or indirectly to any officer or soldier under his command any intoxicating drink, such officer so offending shall forfeit for every such oftence the sum of ten dollars, to be recovered by any person who will sue for the same. CHAPTER 81. OF EXCUSES AND CERTIFICATES OF DISABILITY. Section 1. Of sickness, absence and excuses. 2. Excuses, when to be made. 3. Evidence of excuse. 4. Surgeon's certificate, only evidence of disability, except. Section 5. Surgeon's certificate, prima facie evi- dence of disability. 6. Surgeon's certificate, when to be con- firmed. 7. Surgeon not to receive pay, penalty. Section 1. If any non-commissioned officer or private shall be confined to his house by sickness at the time of any training, or shall be absent from town at the time he is warned to train and remain absent till after such training, or shall have any other reason- able excuse, the captain may excuse him for non-appearance. Sec 2. No excuse shall be received unless the same is made in writing and filed with the clerk within fifteen days after such training, unless it is proved that by reason of continued sickness or absence such officer or soldier was unable to make the same within that time, and that the same was made immediately on his return or recovery. Sec. 3. No evidence of any excuse shall be received in any legal proceeding, until it is shown that notice was given of the same as is herein provided. ^M-^ ***:• CHAP. 82.] DISTRESS FOR FINES. 163 Sec. 4. No evidence of any disability by reason of bodily in- firmity or debility, except in cases where the party is confined to his house by sickness, shall be admitted in any case, but the certi- ficate of the surgeon or surgeon's mate of the regiment, or in case there shall be no surgeon or surgeon's mate in commission, a like certificate of some regular physician within the regiment. Sec. 5. The certificate of the surgeon or surgeon's mate that any person is in his opinion unable to perform the duty required by law of soldiers in the militia, by reason of any bodily infirmity or de- bility therein described, being duly recorded in the orderly book of the company, shall be prima facie evidence of such disability, and if such surgeon or surgeon's mate shall consider such disability to arise from causes of a contiuuing or permanent nature, the certifi- cate may express the time that such disability will probably con- tinue. Sec 6. If the captain shall consider any person enrolled in his company, to whom such certificate may have been granted, to have recovered of such disability or to have obtained such certificate by false representations, and sliall notify him thereof, such certificate shall cease to be of any effect until confirmed upon a further appli- cation to the surgeon or surgeon's mate. Sec 7. If any surgeon or siurgeon's mate shall directly or indi- rectly receive any compensation for any examination or certificate as aforesaid, he shall forfeit fifty dollars to be recovered by action of debt, two thii'ds to the use of the prosecutor and one third to the use of the county. CHAPTER 83. OF DISTRESS FOR FINES. Section 1. Roll of delinquents. 2. Fines, how collected. 3. Form of warrant of distress. 4. Warrant, when issued. 5. Power of clerk to levy. 6. Persons arrested, how discharged. Section 7. Costs limited in actions against clerk. 8. Fines collected, how applied. 9. Parents, &c., liable for fines of minors. 10. Complaint for fines. 11. Judgment and appeal on complaint. Section 1. The clerk shall make in his orderly book a roll of all persons who have incurred any fine at each muster or training, Avith a description of their respective offences, which shall be signed by the captain and clerk ; and the same or a certified copy thereof shall be evidence of such offences ; but other evidence relating thereto shall be admitted. 164 DISTRESS FOR FINES. [tITLE XII. Sec. 2. Fines for non-appearance, for deficiency of equipments and disorderly conduct may be levied ])y distress by a wai-rant under the hand and seal of the captain directed to the clerk ; or a complaint may be filed by the clerk before a justice of the peace, at the choice of such captain. Sec. 3. The warrant may be in substance as follows : The State of New Hampshire. To the clerk of the company of in the regiment of militia in said State. Whereas of in the county of a liable to do military duty in said company, being duly warned to appear on parade near in on the day of 18 at of the clock in the noon, armed and equipped according to law, for inspection and military exercise, and there to wait further orders, being the time and place of mustering said company, did unnecessarily neglect (here insert the offence) whereby he has incurred a fine of dollars for which is by law liable : You are therefore in the name of the State of New Hampshire required by distress and sale of the goods and chattels of the said , to levy and collect said fine, with forty cents more for this precept and your own fees, and for want of such goods and chattels to take his body and commit him to jail in said county ; and the keeper of said jail is required to receive and detain him in jail until he pay said fine and all lawful fees or is otherwise dis- charged by due course of law; and you are also required to make return hereof with your doings to the captain of said comj^any within forty days. Dated at this day of A. D. IS . Captain. Sec 4. No such warrant shall be issued within fifteen days after such fine is incurred nor after sixty days. Sec. 5. The clerk shall have the same power, be subject to the same liabilities, proceed in the same manner and be entitled to the same fees upon such warrant, as a sheriff in levying executions ; but such clerk shall be answerable only for his OAvn conduct, and his warrant shall be a sufficient justification, notwithstanding any irregularity in the proceedings of others. Sec 6. Any person arrested upon such warrant or upon execu- tion for any fine, may give bond and take the oath prescribed by law for poor debtors and be discharged in the same manner as if arrested upon execution for debt. Sec 7. The plaintiff in any action against such captain or clerk for any thing done under any such warrant, shall recover no more cost than damages, unless it is shown to the court that the proceed- ings were wilful and malicious or the cost was caused by continu- CHAP. 83.] PAY AND RATIONS. 165 ances granted at the defendant's request, or by an appeal claimed by him. Sec. 8. Fines collected mider the foregoing provisions, shall he applied by the captain for the use and beneJfit of the company to which the offender belongs. Sec. 9. Parents, masters and guardians shall be liable for all fines and penalties incurred by persons under their care, and may be proceeded against in the manner provided by this chapter, or such minors may be proceeded against as if they were of full age. Sec 10. Upon any complaint filed by the clerk for any fine, a summons shall be issued and served as other writs of simimons should by law be served, and such complaint and summons may at any time be amended by leave of the court without costs. If the party summoned shall neglect to appear, judgment shall be render- ed against him by default. Sec. 11. The judgment against the party complained against, shall be for the fine incurred and costs. From such judgment the respondent may appeal to the court of common pleas, on recog- nizing with sufficient sureties to enter and prosecute his appeal and to pay such fine and costs as the court shall adjudge against him, otherwise execution shall issue against him. CHAPTER 83. OF PAY AND RATIONS. Section 5. Rations at muster. 6. Penalty on selectmen neglecting to pay. Section 1. Soldiers to be paid, when. 2. Evidence of service. 3. Captain to make list. 4. " to certify under oath — ser- vice in different companies. Section 1. Every officer, non-commissioned officer, musician and private who shall be fully equipped and shall personally per- form all the duties required by law, shall receive in the month of October annually, from the selectmen of the town in which he resides, the sum of one dollar for his services ; but no person shall be entitled to receive said sum unless he is by law required to perform military duty, except such persons as have enlisted in some uniformed company. Sec 2. No person shall be entitled to such payment, unless he shall present to the selectmen satisfactory evidence under oath of the commanding officer of the company, regiment or brigade to which he belongs, that he has so performed his duty. 166 COMPANIES AND ENLISTMENTS. [TITLE XII. Sec. 3. Every captain shall in October annually and after the annual muster, if there be any, make a list of the persons who have faithfully and properly performed all their duties in his company, and certify under oath that the said list contains the names of such persons and no others, and retm'n the same to the selectmen of the towns in which any of such persons may reside. Sec. 4. Every captain shall upon request certify under oath the several times which any person who has enlisted or removed into any other company, shall have faithfully performed his duty under his orders ; and if the person has performed all the duties required by law for the preceding year, although said duty may have been performed in ditferent companies, such person shall be entitled to receive one dollar for his services. Sec 5. The selectmen of each town and place shall pay to each .officer, non-commissioned officer, musician and private of their re- spective towns who shall be on duty at any regimental muster, fifty cents to be there paid on parade, and the captain of each company shall give notice to the selectmen six days before such muster, of the time and place thereof and the number of men liable to do duty there under his command. Sec 6. The selectmen shall forfeit seventy-five cents for each person to whom they neglect to pay said sum of fifty cents after being so notified, to be recovered by the captain and by him paid over to the persons entitled thereto. CHAPTER 84. OF COMPANIES AND ENLISTMENTS. Section 1. Limits of companies prescribed. 2. Companies may be disbanded. 3. Companies, what, formed by enlist- ment. 4. Enlistments, when valid. 5. Persons not to enlist unless from full company. Section 6. Persons enlisting, how long held. 7. " " how discharged. 8. Companies,number of rank and file in. 9. Company now organized, not affected. 10. Number of enlisted companies in a regiment. Section 1. The field officers may prescribe the limits of compa- nies and alter and modify them as they shall think proper. Every order making any such alteration shall be recorded in the orderly books of the regiment and of each of the companies affected thereby. Sec 2. Any company which shall be reduced below one half the number of which it should by law consist, may be disbanded by the field officers of the regiment, and the officers and privates of CHAP. 85. ORDNANCE AND GUN HOUSES. 167 such company, if of infantry, shall be annexed to some adjoining company ; but if it be a volunteer company, shall be liable to do duty in the company within whose limits they reside. Sec. 3. Companies of cavalry, artillery, light infantry, grenadiers and riflemen shall be formed by voluntary enlistment from the infantry. Sec. 4. No enlistment shall be valid until a written notice there- of and a copy of the permission of the field officers, if required, is left with the clerk of the company from which the enlistment is made, nor until the person enlisting shall be uniformed, armed and equipped to do duty in the company into which he enlists. Sec. 5. No person shall enlist out of any company which is not full, except by permission of the field officers, and no such permit shall be granted where the enlistment would reduce the company below forty-two rank and file. Sec. 6. Every person enlisting in any volunteer company, shall be liable to perform military duty therein five years, unless he shall be discharged or shall arrive at the age of forty years. Sec 7. Any one enlisted in a volunteer company, may be dis- charged by the colonel on his own request or that of the officers of such company, and shall then be liable to do duty in the company within whose limits he resides ; and notice in writing of such dis- charge shall be forthwith given by the colonel to the captain of such company. Sec. 8. Every company shall regularly consist of sixty-four. Sec. 9. No company now formed and organized pursuant to spe- cial provisions of law, shall be affected by this chapter. Sec. 10. To each regiment there may be one company of caval- ry, one of artillery, two of light infantry or grenadiers and two of riflemen, who shall be organized by the field officers, and they may organize others wherever the enlistment of such new companies shall not reduce any company of infantry within its limits below forty-two rank and file. CHAPTER S5. OF ORDNANCE AND GUN HOUSES. Section 1. Ordnance allowed to artillery compa- nies. 2. Captain responsible. 3. Money allowed for repairs and powder. 4. Gun house to be erected. 5. Deed of land to the State. 6. Gun houses may be removed. Section 7. No person to take gun without leave. 8. Penalty. 9. Persons using gun with leave liable for damages. 10. Penalty for breaking gun house. 11. Fines and damages, how applied. 168 ORDNANCE AND GUN HOUSES. [XITLE XII. Section 1. One piece of ordnance with carriage, harness and apparatus complete will be allowed to each company of artillery, and every such company having two pieces of ordnance, shall be allowed additional harnesses and apparatus at the expense of the State. Sec. 2. The captain shall have the entire care and control of the same and shall be responsible for any injury which may arise to the same from his neglect. Sec. 3. Seven dollars shall annually be allowed to the captain for powder and portfire and for hire of horses at regimental musters, and a sum not more than five dollars annually for repairs of such piece, carriage and harness on satisfactory evidence that it has been so expended. Sec. 4. The captain of each company of artillery shall cause a suitable building to be erected to secure the field piece belonging to the company, when necessary, and shall receive such allowance therefor not exceeding fifty dollars, as the legislature on present- ment of his claim shall think reasonable. Sec. 5. No such claim shall be allowed until a deed conveying the land on which the same is erected, to the State in fee, shall have been filed in the oflice of the secretary of state, nor until the field officers shall have certified their approval of its location and construction. Sec. 6. Any gun house may be removed, whenever the field officers shall approve the same, a like deed of the land to which it is to be removed, being first filed in the secretary's office as afore- said. Sec. 7. No person shall remove any piece of ordnance from the gun house or other place where it is deposited, nor any carriage, harness or apparatus belonging thereto, for any purpose whatever, without the written permission of the captain of the company to which it belongs. Sec. 8. If any person shall remove or use any such piece of ordnance, carriage, harness or apparatus without such permission, he shall forfeit a sum not less than five dollars nor more than twenty dollars, and shall be liable to pay double damages for any injury which the same may sustain from any cause, until they shall be returned and notice thereof in writing given to such captain. Sec. 9. If any person shall take or use any such piece of ord- nance, carriage, harness or apparatus with the permission of the captain for any purpose except that of military exercise when the company shall be paraded, he shall be liable for all damages the same may sustain from any cause, until the same is returned and notice thereof given as aforesaid. Sec. 10. If any person shall break open or enter any gun house, or in any way injure the same or any public property therein, he shall forfeit a sum not less than five dollars nor more than twenty dollars, and shall be liable to pay double damages for any injury CHAP. 86.] ARMS FURNISHED BY THE STATE. 169 the same may sustain thereby, or in any manner in consequence thereof. Sec. 11. The penalties and damages shall be recovered by the adjutant general in the name of the State, and applied to defray the expenses of keeping such public property in repair. CHAPTER 86. OF ARMS FURNISHED BY THE STATE. Section 1. Companies to be furnished with mus- kets or rifles. 2. Artillery companies to be furnished. 3. Officers to give security. Section 4. Adjutant general to certify. 5. Bonds to be renewed, when. 6. Arms to be returned on neglect. 7. Arms, where received and returned. Section 1. Every company which is required to be armed with muskets or rifles, having at least thirty-two rank and file enlisted or enrolled and uniformed, shall receive from the state arsenals so many muskets or rifles as may be necessary to arm such company, not exceeding sixty-four. Sec 2. Every company of artillery consisting of sixty-four rank and file enlisted and uniformed, shall receive from the arsenals thir- ty-two muskets. Sec. 3. No such muskets or rifles shall be delivered, until the officers of the company or other responsible persons shall give bond to the State with sufficient sureties to be approved by the adjutant general, for the safe keeping and return of such muskets or rifles when required by the authority of the State. Sec 4. Such muskets and rifles shall be delivered upon the cer- tificate of the adjutant general that the provisions of the law have been complied with. Sec. 5. Whenever the obligors of any such bond shall remove from the State, or such bond shall appear to the adjutant general to be insecure or new officers shall be appointed to any such com- pany, the adjutant general shall require a new bond to be given in manner aforesaid. Sec 6. If such bond shall not be given the adjutant general shall require such arms to be forthwith returned to the arsenal, and the commissary general shall receive the same and certify to the adjutant general the amount of loss and damage done to the same. Sec 7. All companies in the county of Coos and also in the county of Grafton, when the adjutant general shall so order, shall receive arms from and return the same to the arsenal at Lancaster. All other companies shall receive arms from and return the same to the arsenal at Portsmouth. 22 170 TRAININGS AND MUSTERS. [title XTT. CIIAPTf^IS 87. OF COMPANY TRAININGS AND REGIMENTAL MUSTERS. Section 1. May training and inspection, when. 2. One other company training, ordered. 3. Orders for muster, when issued. 4. Time and place, how appointed. 5. Captains to obey colonel's orders. 6. Regiments, by whom reviewed. 7. " " " inspected. Section 8. Adjutants to inspect, when. 9. Inspection book to be returned. 10. Report on defective ordnance. 11. Regiments mustered in divisions. 12. Formation of companies in line. 13. Soldiers not to be arrested, when. Section 1. Every captain shall parade his company on the third Tuesday of May annually, at one o'clock in the afternoon, and at that time shall inspect and take an exact account of all the arms and equipments of his men. Sec. 2. He shall parade his company by his own order on one other day and no more in each year, and at all times when his company is paraded, shall drill and instruct his men in the military exercises and evolutions. Sec. 3. The major general shall in July annually issue orders to the brigadier generals, and the brigadier generals shall before the twentieth day of August annually issue orders to the colonels, and the colonels shall seasonably issue orders to the captains for one regimental inspection and review of each regiment annually. Sec 4. The day for the review of each regiment shall be ap- pointed by the major general, or if he shall fail to issue his orders seasonably, by the brigadier general, between the first of Septem- ber and the fifteenth of October : the place of meeting shall be appointed by the field officers, and shall be as central as in their judgment convenience will permit. Sec. 5. Captains shall yield obedience to the orders of the colonel in relation to the time and place of review ; but if he shall disregard the orders of his superior officer as to the day, or the appointment of the field officers as to the place of review, he sliall be punished by removal or otherwise at the discretion of a court martial. Sec. 6. The major general shall review three regiments at least annually, and the brigadier general shall review all the regiments in his brigade not reviewed by the major general. Sec 7. The adjutant general shall inspect such regiments, not more than three annually, as the commander in chief may direct ; and the division and brigade inspectors shall inspect the regiments reviewed by their respective superiors. Sec 8. If no inspector of superior rank be present, the adjutant shall inspect the regiment whether mustered together or in divisions. Sec. 9. Every division and brigade inspector shall annually with- CHAP. 88.] RETURNS. 171 in ten days after the close of the fall inspections by him made, re- turn his inspection book to the adjutant general, noting therein any deficiencies of the public property in any regiment. Sec. 10. Every such inspector shall on application of the captain of any artillery company at such inspection, thoroughly inspect any ordnance, carriage, harness or apparatus alleged to be unsuitable or unserviceable, with the aid of such competent officers and other persons as he may obtain, and report in writing to the adjutant general the true state and situation thereof. Sec. 11. Any regiment which cannot be assembled without causing part of the soldiers to march more than fifteen miles, may be mustered in two divisions on different days and at such places as will best accommodate those divisions, to be fixed by the field officers, and notice thereof to be seasonably given to the major and brigadier generals. Sec 12. In forming a regiment in line for field exercise the cavalry shall be placed on the right, then the artillery, light infan- try, grenadiers, infantry and riflemen in the order they are named, and all the companies shall be equally imder the command of the colonel. Sec. 13. No officer, non-commissioned officer, musician or pri- vate shall be arrested on any civil process during his going to, returning from or attendance upon any military duty, or any court martial or court of inquiry which it may be his duty to attend. CHAPTER 88. OF RETURNS. Section 1. Captains to make return to adjutant. 2. " " " " to quarter master. 3. Captains to make return of musicians. 4. Clerk to assist in making returns. 5. Adjutant to furnish blanks and make regimental return. 6. Brigade major to make brigade return. Section 7. Quartermaster to make regimental return. 8. Time of making returns. 9. Compensation to adjutants. 10. Postages and expenses to be paid. 11. Adjutant general to make return from adjutant's return. 12. Adjutant general to make return from quartermaster's returns. Section 1. The captain shall at the annual inspection of his company in May make out and sign a correct return in such form as may be prescribed, of the strength, arms and accoutrements of his company and of the number present and absent, cause it to be recorded in the orderly book of his company, signed by the clerk and transmitted to the adjutant. 172 RETURNS. [title XII. Sec. 2. The captain shall also at the same tune make out aud sign a correct return in such form as may be prescribed, of the camp equipage, ordnance, arms, military stores, musical instruments and public property of every description in his company which have been furnished by the State or purchased with money received for fines, together with an account of all fines received, and whe- ther expended or not, and if expended, for what purposes, and add thereto a requisition for such articles as may be wanting ; shall cause the same to be signed and recorded by the clerk and trans- mit the same to the quartermaster. Sec. 3. The captain shall also at the same time make a return of the names of the musicians of his company to the adjutant. Sec 4. The clerk shall assist the captain in making his returns, and shall sign and record the same in his orderly book. Sec. 5. The adjutant shall fiunish the captains with blank forms of returns to be made by them, and explain how they should be made ; shall consolidate the returns macle to him into a regimental return, record the same in his orderly book and within the time prescribed by law transmit the same to the adjutant general, and a duplicate thereof to the brigade major, and keep the returns made to him on file. Sec 6. The brigade major shall consolidate the regimental re- turns made to him into a brigade return, record the same in his orderly book and transmit the same to the brigadier general, and a duplicate thereof to the major general, and keep the returns made to him on file. Sec 7. The quartermaster shall consolidate the returns made to him into a regimental return', add thereto the articles of public property in his own keeping for the use of the regiment and such as are further required, record the same in his orderly book and transmit it countersigned by the colonel to the adjutant general, and keep the returns made to him on file. Sec 8. The returns of captains to the adjutants and quartermas- ters shall be made within ten days after the annual inspection in May, and the returns of adjutants and quartermasters to the adju- tant general within twenty days after said inspection. And if either of said officers shall neglect to make his return within the times aforesaid, he shall forfeit for each neglect the sum of twenty dollars. Sec 9. Adjutants shall receive two dollars for making the regi- mental returns, to be paid by the adjutant general. Sec 10. Postage and other reasonable expense incurred in the transmission of orders and returns and transmission of public pro- perty, shall be paid by the adjutant general on satisfactory evidence that the expense was actually and necessarily incurred and was just and reasonable. Sec. 11. The adjutant general shall immediately consolidate the adjutants' returns of the several regiments, and record and transmit CHAP. 89.] ORDERLY BOOKS AND ROSTERS. 173 the same to the commander in chief and a duplicate thereof to the secretary of war of the United States. Sec. 12. He shall consohdate the returns of the regimental quar- termasters, and add to the same a retm'n of all articles of public property in his possession or issued to the regimental quartermas- ters, record the same and transmit it to the commander in chief CHAPTER 89. OF ORDERLY BOOKS AND ROSTERS. Section 1 . Orderly books, by whom kept. 2. Quartermaster to keep, orderly book Section 3. Rosters, by whom and how kept. 4. Clerk to record permits, &c. Section 1. Each division inspector, brigade major, adjutant and clerk of a company shall keep an orderly book, and record therein all orders and official communications received or issued by his commanding officer, and all returns which shall be signed by him, and distribute all orders of his commanding officer. Sec 2. Each quartermaster shall keep an orderly book, and record therein all orders and official communications received by him relating to the duties of his office, all communications written by him relating to the public property in his charge, all receipts for public property distributed by him, and all returns of public pro- perty made by him. Sec. 3. The adjutant of each regiment shall keep in his orderly book a roster of the officers and non-commissioned officers of the regiment, with the dates of their appointments, and the clerk of each company shall keep a like roster of all the officers of the company. Sec 4. The clerk of each company shall record all permits and surgeons' certificates presented to him for that purpose, in his orderly book. 174 OFFICERS AND MUSICIANS. [title XII. CHAPTER 90. OF INSTRUCTION OF OFFICERS AND MUSICIANS. Section 1. Officer drills. 2. Orders, how issued. 3. Infantry regulations adopted. Section 4. Adjutant to make return of musicians. 5. Meeting of musicians for instruction 6. Drill of musicians at muster. Section 1. The colonel shall, once in each year, assemble at some convenient and central place the officers of the regiment armed with swords, muskets and bayonets, and cause them to be instructed by some qualified person in the school of the soldier, of the company and of the battalion. Sec. 2. The orders for such meeting shall be issued to the offi- cers in the same manner as for regimental musters. Sec. 3. The rules and regulations for the field exercise and manoEUvres of infantry compiled for the use of the army of the United States, agreeably to a resolve of congress passed December, 1814, are established as the rules of discipline for the militia of this State. Sec. 4. The adjutant shall annually furnish to the drum major and fife major a roll of the musicians in the regiment from the company returns, and the drum major and fife major shall, once in every year, assemble the fifers and drummers and instruct them in martial music. Sec 5. The musicians shall be notified by the drum major or fife major in the same manner as privates are notified to attend a company training, and shall be subject to the same fines for non- appearance or misconduct as privates. Such fines may be levied by distress by warrant of the senior directed to the junior drum major or fife major, in the same manner as fines are collected under a captain's warrant, and shall be applied to defray the expenses of such meeting. Sec 6. When the regiment shall be in line on muster days, all the music, except cavalry music, shall be placed together as the colonel may direct, under the command of the drum major and fife major, of whom the oldest by date of warrant shall be chief, and the musicians while under their command shall be subject to the same fines for misconduct as when assembled under the orders of the drum major and fife major. CHAP. 91.] DETACHMENTS FOR ACTUAL SERVICE. 175 €11 AFTER 91. OF DETACHMENTS FOR ACTUAL SERVICE. Section 1. Detachments, by whom ordered. 2. Details, how made. 3. Volunteers to be accepted. 4. Penalty for refusing to march. Section 5. Persons detached, subject to rules and articles of United States. 6. Short notice sufficient, when. 7. Signals of alarm to be appointed. Section I. In cases of actual or threatened invasion, insurrec- tion or other public danger, the commander in chief may order the mihtia or part thereof to be detached! and in cases of emergency the officers commanding divisions, brigades or regiments may order such detachments and appoint such mihtary watclies or guards, in such places and under such regulations as they may judge neces- sary, until orders can be received from the commander in chief. Sec. 2. Except in cases where entire regiments or companies may be detached, the officers shall be regularly detailed from the rosters and the privates drafted by lot from the company rolls; and in case any company shall not be organized, such draft shall be made by the colonel or some officer designated by him. Sec. 3. If suitable otiicers or privates shall volunteer, their services may be accepted and details or drafts made for the residue only. Sec. 4. If any person who shall have volunteered or been de- tailed or drafted, and notified and ordered to march, shall neglect or refuse to obey such orders, he shall be liable to the punishment of desertion, unless he shall within twenty-four hours after such notice furnish an able bodied man in his stead, or pay to the com- manding officer of the company to which he belongs, the sum of fifty dollars, to be appropriated to the hire of men to complete the detachment. Sec 5. All persons detached for actual service, shall be subject to the rules and articles provided by the laws of the United States for the government of the militia in the service of the United States ; the State of New Hampshire and the corresponding officers thereof being in all cases understood, where reference is made therein to the United States or the officers thereof. Sec. 6. In case of actual or threatened invasion or insurrection, any notice, however short, to muster for military service, shall be legal and binding. Sec 7. Signals of alarm may be appointed by the commander in chief, and if any non-commissioned officer or private shall, upon the alarm being given, unnecessarily neglect to appear properly armed and c^piipped at such time and place as the commanding 176 REGIMENTS, BRIGADES, DIVISIONS. [tITLE XII. officer may appoint, due notice having been given him of such signals and of the time and place appointed, he shall pay a fine of ten dollars. CHAPTER 92. OF REGIMENTS, BRIGADES AND DIVISIONS. Section 1 — 42. Regiments constituted. 43—50. Briorades. Section 51 — 54. Divisions formed. Section 1. The companies in Portsmouth, Newcastle, Rye, Greenland, Newington and Stratham shall constitute the first regi- ment : Sec. 2. Those in Dover and Somersworth, the second: Sec. 3. Those in Hampton, North Hampton, Hampton Falls, Seabrook, South Hampton and Kensington, the third : Sec. 4. Those in Exeter, Newmarket, Brentwood, Poplin and Epping, the fourth : Sec. 5. Those in Amherst, Merrimack, Litchfield, Mont Yernon, Milford, Nashua, Nashville, HoUis, Hudson and Brookline, the fifth : Sec 6. Those in Richmond, Winchester, Swanzey, Chesterfield and Hinsdale, the sixth : Sec. 7. Those in Kingston, East Kingston, Danville, Newtown, Atkinson, Plaistow, Hampstead and Sandown, the seventh : Sec. 8. Those in Derry, Londonderry, Salem, Windham and Pelham, the eighth : Sec. 9. Those in Manchester, GofFstown, Dunbarton, Bedford, New Boston and Weare, the ninth : Sec 10, Those in Gilmanton, Gilford and Barnstead, the tenth : Sec 11. Those in Concord, Bow, Pembroke, Allenstown and Hooksett, the eleventh : Sec. 12. Those in Rindge, Jaffrey, Fitzwilliam, Roxbury, Dub- lin, Marlborough, Nelson and Troy, the twelfth : Sec 13. Those in Haverhill, Piermont, Orford, Warren and Ben- ton, the thirteenth : Sec 14. Those in Plymouth, Holderness, Campton, Thornton, Ellsworth, Woodstock, Waterville and Lincoln on the east side of the mountain, the fourteenth : Sec 15. Those in Plainfield, Cornish, Claremont, and the west company in Grantham, the fifteenth : Sec 16. Those in Charlestown, Langdon, Acworth and Unity, the sixteenth : Sec 17. Those in Chester, Candiaand Raymond, the seventeenth: CHAP. 92.] REGIMENTS, BRIGADES, DIVISIONS. 177 Sec. 18. These in Nottingham, Deerfield, Epsom, Northwood, and Pittsfield, the eighteenth : Sec. 19. Those in Moukonborough, Centre Harbor, Sandwich and Tamwortli, the nineteenth : Sec. 20. Those in Walpole, Westmoreland, Keene, Sm-ry, Gil- sum and Sullivan, the twentieth : Sec. 21. Those in Boscawen, Salisbiu-y, Andover and Franklin, the twenty-first : Sec. 22. Those in New Ipswich, Sharon, Mason, Peterborough, Temple, Lyndeborough and Wilton, the twenty-second : Sec. 23. Those in Hanover, Lebanon and Lyme, the twenty- third : Sec. 24. Those in Stratford, Columbia, Colebrook, Stewarts- town, Errol, Clarksville and Pittsburg, the twenty-fourth : Sec. 25. Those in Durham, Lee, Madbury, Strafford and Bar- rington, the twenty-fifth : Sec. 26. Those in Antrim, Deering, Hillsborough, Windsor, Han- cock, Francestown, Greenfield and Bennington, the twenty-sixth : Sec. 27. Those in Wolfborough, Tuftonborough, Ossipee, Ef- fingham, Freedom and the north company in Wakefield, the twen- ty-seventh : Sec. 28. Those in Alstead, Marlow, Lempster, Stoddard and Washington, the twenty-eighth : Sec. 29. Those in Sanbornton, New Hampton and Meredith, the twenty-ninth : Sec. 30. Those in New London, Newbury, Wilmot, Bradford and Sutton, the thirtieth : Sec. 31. Those in Newport, Wendell, Goshen, Croydon, Spring- field and the east company in Grantham, the thirty-first : Sec. 32. Those in Bath, Lyman, Landaff, Lisbon, Littleton, Bethlehem, Franconia and Lincoln on the west side of the moun- tain, the thirty-second : Sec. 33. Those in New Durham, Alton, Middleton, Brookfield and the southerly company in Wakefield and the north company in Milton, the thirty-third : Sec. 34. Those in Hill, Bridgewater, Bristol, Alexandria, Hebron and Danbury, the thirty-fomlh : Sec. 35. Those in VYentworth, Rumney, Dorchester and Groton, the thirty-fifth: Sec 36. Those in Eaton, Albany, Conway, Bartlett, Jackson and Chatham, the thirty-sixth : ^ Sec. 37. Those in Canaan, Dame's Gore, Orange, Enfield and Grafton, the thirty-seventh: Sec. 38. Those in Chichester, Canterbury, Loudon and North- field, the thirty-eighth : Sec. 39. Those in Rochester, Farmington and Milton except the north company, the thirty-ninth : Sec. 40. Those in Hopkinton, Henniker and Warner, the fortieth : 23 178 OFFICERS. [title XTI. Sec. 41. Those in Shelburnc, Gorham, Berlin, Milan, Randolph, and Pinkham's Grant, the forty-first : Sec. 42. And the companies in Lancaster, Northnmberland, Dal- ton, Whitefield, Stark, Jefferson, Carroll and Nash and Sawyer's Location shall constitute the forty-second regiment. Sec. 43. The first, third, fourth and seventh regiments shall compose the first brigade. Sec. 44. The second, tenth, twenty-fifth, twenty-ninth and thirty-ninth regiments shall compose the second brigade. Sec. 45. The eighth, eleventh, seventeenth, eighteenth and thirty-eighth regiments shall compose the third brigade. Sec 46. The fifth, ninth, twenty-first, twenty-second, twenty- sixth, thirtieth and fortieth regiments shall compose the fourth brigade. Sec. 47. The sixth, twelfth, fifteenth, sixteenth, twentieth, twenty-eighth and thirty-first regiments shall compose the fifth brigade. Sec 48. The fourteenth, twenty-third, thirty-fourth, thirty-fifth and thirty-seventh regiments shall compose the sixth brigade. Sec 49. The nineteenth, twenty-seventh, thirty-third and thirty-sixth regiments shall compose the seventh brigade. Sec 50. The thirteenth, twenty-fourth, thirty-second, forty- first and forty-second regiments shall compose the eighth brigade. Sec 5L The first and third brigades shall form the first division. Sec 52. The second and seventh brigades shall form the second division. Sec 53. The fourth and fifth brigades shall form the third di- vision. Sec 54. The sixth and eighth brigades shall form the fourth division. CHAPTER 93. OF OFFICERS. Section 1. Aids to the captain general. 2. Division officers. 3. Brigade officers. 4. Judge advocate. 5. R,cgimental officers. 6. Quartermaster. 7. Commissioned company officers. 8. Non-commissioned officers. 9. Officers, where to reside. Section 10. Removal, ground of address. 11. Conviction of crime, effect. 12. Resignations, conditions of. 13. " time of, limited. 14. Bounds of parade fixed. 15. Office vacant, who shall act. 16. Rank, how determined. 17. Officers to account for public pro- perty. CHAP. 93.] OFFICERS. 179 Section 1. The captain general may appoint so many aids de camp as he shall think proper, with the ranlc of colonel. Sec. 2. Each division shall be commanded by a major general. A division inspector and a division quartermaster, each with the rank of colonel, and two aids de camp with the rank of major shall be appointed by him and hold their offices during his pleasure. Sec. 3. Each brigade shall be commanded by a brigadier gene- ral. One brigade major who shall be inspector, and a brigade quartermaster, each with the rank of major, and one aid de camp with the rank of captain, shall be appointed by the brigadier gene- ral and hold their offices during his pleasure. Sec 4. One judge advocate with the rank of major shall be appointed to each brigade by the governor and council, and shall hold his office during good behavior. Sec. 5. To each regiment there shall be a colonel, lieutenant colonel and major. The regimental staff shall be an adjutant with the rank of captain, a quartermaster and paymaster with the rank of lieutenants, a surgeon, surgeon's mate and chaplain appoint- ed by the colonel and commissioned by the governor ; one sergeant major, one quartermaster sergeant, one drum major and one fife major appointed by the colonel ; all of whom shall hold their offi- ces during the pleasure of the colonel. Sec 6. Each quartermaster shall distribute all camp equipage, colors, musical instruments, military books and other public pro- perty which may be received by him from the adjutant general or any other officer, and take receipts therefor to be kept by him on file. Sec 7. There shall be a captain, lieutenant and ensign to every company, except those of the cavalry and artillery which shall have a captain and first and second lieutenants. They shall be ap- pointed by the field officers and commissioned by the governor ; and if any company have sixty-four rank and file enrolled and equipped, there shall be appointed to such company an additional lieutenant, except in the cavalry companies. Sec 8. Every company shall have four sergeants, appointed by the commissioned officers of said company, and [tvho ?] shall have warrants under the hand of the captain, countersigned by the clerk and recorded in the orderly book of said company, of whom the first or orderly sergeant shall be clerk ; and four cor- porals who shall be appointed by the captain and subalterns, and shall hold their offices at their pleasure. Sec 9. General and field officers shall reside within the limits of their respective commands, and company officers within the limits assigned to their companies ; but where there are several companies in any town, the officers may reside in any part of the town. Sec 10. If any officer shall remove without such limits to reside without resigning his commission, it shall be sufficient cause for an address for his removal. 1 80 ADJUTANT GENERAL. [TITLE XII. Sec. 11. If any officer shall be convicted of any infamous crime, he shall be put in arrest, and application shall be made to the legis- lature for his removal. Sec. 12. No officer shall be permitted to resign while under ar- rest, nor unless the field officers shall certify that the books and other public property for which he is responsible, are delivered to the colonel or other officer appointed to receive them, that they may be delivered to his successor. Sec. 13. No company officer shall resign between the first day of May and the first day of November, nor any general or field officer between the tenth day of June and the first day of Novem- ber, unless the commander in chief under special circumstances shall think the public good requires it. Sec. 14. Every commanding officer on duty may ascertain and fix proper bounds to his parade, not including any travelled road, within which no spectator shall have a right to enter without his permission. Sec. 15. In case any military office shall be vacant or in case of the absence of any officer from the limits within Avhich he is by law required to reside, the officer next in rank under him shall have the powers and perform the duties of such office ; but no staff" offi- cer shall be removed by any officer temporarily performing the du- ties of a higher rank. Sec. 16. The relative rank of officers of the same grade shall be determined by the dates of their commissions ; if they are of the same date, by their former commissions, if any ; otherwise, the oldest man shall rank first. Sec. 17. Every military officer shall be bound to account to the adjutant general, on request, for all military books, papers or any other property received from the State or from any other officer, and for all fines by him received and not expended for purposes authorized by law. CHAPTER 94. OF THE ADJUTANT GENERAL Section 1. His powers and duties. 2. To furnish standards. 3. To furnish laws and military books. 4. To recover public property. Section 5. To prosecute for injuries to public pro- perty. 6. To recover penalties, unless remitted. 7. To account annually for money. 8. To give bond to the State. Section 1. The adjutant general shall have the rank of briga- dier general ; shall keep his office at Concord ; shall distribute all orders of the commander in chief and record them in his orderly CHAP. 94.] ADJUTANT GENERAL. 181 book ; keep a roster of appointments and resignations, and detail officers for courts martial and other special service ; shall furnish all officers who are required to keep orderly books with suitable blank books ; shall furnish proper blanks to all officers who are required to use them, with suitable explanations ; shall attend all reviews by the commander in chief and inspect the militia who shall be so reviewed, and perform all other duties which belong to the office and to the office of the quartermaster general. Sec. 2. The adjutant general shall fiu-nish each regiment and each company of cavalry and artillery with a standard of scarlet silk, on which the number of the regiment or company shall be marked with white silk by the officer receiving the same, and shall furnish all camp equipage, musical instruments and other things which he shall be by law authorized to purchase for the militia. Sec 3. The adjutant general shall distribute to the several offi- cers copies of the militia law, Avhich he shall from time to time procure for that purpose, so that each officer entitled thereto shall have a copy, and shall distribute such copies of military books as the legislature may at any time direct, taking receipts therefor. Sec 4. The adjutant general may sue for and recover in the name of the State; from any officer who may have resigned, or other person whatever, any books, papers or other public property or moneys received for fines not expended for purposes authorized by law, which they shall not deliver to him or his order upon request. Sec 5. He may in like manner sue for and recover all penalties and damages, for any injury which may be done by any person to any gun house or ordnance, or the carriage, harness or apparatus belonging thereto, or to any arms, musical instruments, military books, papers or other military property belonging to the State. vSec. 6. He shall sue for and recover in like manner all penalties incurred by any officer for neglect to make returns as required by law ; but the commander in chief may remit such penalties in cases where he shall consider such neglect excusable, upon a report of the facts made to him by the adjutant general. Sec 7. The adjutant general shall annually account to the State for all moneys which shall be received by him from the State, or for fines or forfeitures. Sec 8. The adjutant general shall give bond with sufficient sureties, in such sum as the governor and council may require, not less than two thousand dollars nor more than ten thousand dollars, conditioned for the faithful discharge of the duties of his office, to be approved by the governor and council. 182 COMMISSARY GENERAL. [XITLE XII. CHAPTER 95. OF THE COMMISSARY GENERAL. Section 1. Commissary general to give bonds. 2. Commissary general to have care of arsenal at Portsmoutii. 3. Commissary general to have care of Section 4. Commissary general to receive arms from United States. 5. Commissary general to deliver arms to companies. 6. Commissary general to repair and cer- arsenal at Lancaster by deputy. J ^jjy damages. Section 1, The commissary general shall give bonds in the sum of ten thousand dollars, with sufficient sureties, for the faithful dis- charge of the duties of his office and for the security (casualties excepted) of the public property committed to his charge. Sec. 2. He shall have charge of tlie arsenal at Portsmouth and of the artillery, arms and munitions of war and other public property which is or may be deposited therein. Sec 3. He shall have the charge of the arsenal at Lancaster,and shall cause to be kept therein such artillery, arms and military stores as the legislature direct, to be under the care of a deputy to be by him appointed, who shall give bonds to him for the faithful performance of his duties. Sec 4. He shall receive from the United States all arms and equipments of every kind, apportioned to this State under the act for ai-ming the militia, and deposit them in the arsenal at Ports- mouth. Sec 5. He shall deliver from the arsenal such arms as any mil- itary company shall be by law entitled to receive, upon the certifi- cate of the adjutant general, and receive therein any arms which may be required by the adjutant general to be there returned, and give a receipt therefor. Sec 6. If any such arms returned to the arsenal, shall be damaged, the commissary general shall cause the same to be re- paired, and certify the actual expense of such repairs to the adjutant general. CHAP. 96] COURTS MARTIAL. 183 CHAPTER 00. OF COURTS MARTIAL. Section 1 . Of arrests, how made, proceedings 2. Arrests to be reported to adjutant general. 3. Courts martial, how ordered. 4. Courts martial, how constituted. 5. Oath of members. 6. Oath of judge advocate. 7. Challenges. 8. Court to sit by day only. 9. Manner of making a decision. 10. Sentences, what may be passed. IL Court to preserve order. 12. Copy of charges to be furnished. Section 13. Limitation of prosecutions. 14. Proceedings when accused refuses to appear, or to answer. 15. Oath to witnesses. 16. Attendance of witnesses compelled. 17. Attendance of judge advocate upon the court. 18. Minutes of proceedings to be kept. 19. Certain proceedings to be in writing 20. Records to be deposited in adjutant general's office. 21. Fees in courts martial. 22. Roll of fees to be made. Section 1. If any officer shall neglect to perform the duties of his office, or to obey the rightful order of his superiors, or shall at any time be guilty of unofficer-like or ungentleman-like conduct, he may be put under arrest by his superior officer and tried by a court martial. If any officer under arrest shall exercise any mili- tary command, he shall on conviction by a court martial be cash- iered. Sec. 2. Every arrest, with the cause thereof, shall be reported without delay by the officer ordering the same, to the adjutant general, to be laid before the commander in chief. Sec 3. The commander in chief on examination of the report may discharge the officer from arrest, if in his opinion the case does not call for a court martial, or may order a court martial for his trial. Sec 4. Every court martial shall consist of a president, four members, a judge advocate and marshal. The president and mar- shal shall be ajipointed by the commander in chief. The members with two supermmieraries from whom any vacancy shall be filled, shall be regularly detailed by the adjutant general from the general roster, from such regiments or brigades as in the opinion of the commander in chief may most conveniently furnish them. Sec 5. Before proceeding to any trial, the judge advocate shall administer to the president and each of the members separately the following oath : " You swear that without partiality, favor, affection, prejudice or hope of reward you will well and truly try the cause now before you, between the State and the person to be tried, and that you will not divulge the sentence of the court until it is approved or disapproved, and that you will not on any account at any time 184 COURTS MARTIAL. [tITLE XII. whatever discover the vote or opinion of any member, unless re- quired to give evidence thereof as a witness by a court of justice in a due course of law. So help you God." Sec. 6. And the president shall administer to the judge advocate the following oath : " You swear that you will faithfully and impartially discharge your duties as judge advocate on this occasion, as well to the State as the accused, and that you will not on any account at any time whatever divulge the vote or opinion of any member of this court martial, unless required to give evidence thereof as a witness by a court of justice in a clue course of law. So help you God." Sec. 7. After the president, members and judge advocate are sworn, any member may be challenged either on the part of the government or of the accused, the cause of challenging being stated in writing, and the validity thereof shall be determined by the court, the members objected to not voting. One member only can be challenged at once. Sec. 8. Trials by court martial shall be in the day time only. Sec 9. On all questions the opinions of the youngest member in commission shall be first taken, and so on regularly to the oldest, and unless two thirds of the members agree that the accused is guilty, he is acquitted. Sec 10. Courts martial may sentence any officer convicted by them, to be cashiered or reprimanded in orders, or may impose a fine not less than ten dollars nor more than one hundred dollars, which may be recovered by the adjutant general in an action of debt in the name of the State, in any proper court. If any officer shall be sentenced to be cashiered, the court shall adjudge him in- capable of holding any military office for life or a term of years, according to the aggravation of his offence. Sec 11. Courts martial are authorized to preserve order during their session, and if any person in their presence shall behave in a disorderly manner, or make any tumult in or disturb such court, and shall not upon command of the marshal desist therefrom, the court may confine such person for a time not exceeding eight hours. Sec 12. Every officer to be tried by a court martial, shall be put in arrest and shall be brought to trial without unnecessary de- lay. A copy of the charges and notice of the time and place ap- pointed for his trial, shall be given him at least ten days before the trial is commenced. Sec 13. No officer shall be tried before a court martial, for any offence committed more than one year before complaint in writing is made therefor, unless by reason of absence or other manifest impediment he shall not have been amenable to justice within that period. Sec 14. If any officer for the trial of whom a court martial is appointed, shall not appear, or shall Mnthdraw in contempt of court, CHAP. 96.] COURTS MARTIAL. 185 or being arraigned shall from obstinacy or deliberate design stand mute or answer foreign to the purpose, the court shall proceed to trial and judgment as if he had pleaded not guilty. Sec. 15. The judge advocate shall administer the following oath or affirmation to all witnesses required to give evidence before any court martial or court of inquiry : "You swear, (or affirm^ as the case may be,) that the evidence you shall give in relation to the charge now in hearing shall be the truth, the whole truth and nothing but the truth. So help you God." (Or, " this you do under the pains and penalties of perjury," in case the witness shall affirm.) Sec. 16. Courts martial may compel witnesses duly summoned as in civil cases, to appear and testify, by attachment and by fine and imprisonment, in the same manner as courts of common law may lawfully do. Sec. 17. The judge advocate shall attend all courts martial which shall be ordered in his brigade, and in case of his inability or of any legal impediment to his acting, the commander in chief may designate the judge advocate of another brigade or appoint a special judge advocate for any court. Sec. 18. The judge advocate shall keep accurate minutes of the proceedings of the court and of the evidence, and shall impartially state the evidence for and against the accused, and shall transmit such minutes signed by the president of the court martial and him- self, with the papers used at the trial or certified copies thereof, to the commander in chief, under seal. Sec. 19. The statement of the complainant and the defence of the accused, all motions and objections to evidence, and opinions of the judge advocate on questions of law, shall be in writing and entered on the minutes or annexed thereto. Sec. 20. The original records of all courts martial shall be de- posited and preserved in the office of the adjutant general, and the accused shall be entitled to a copy thereof, upon paying the same fees as are allowed for copies to the secretary of state. Sec. 21. The fees for services rendered on courts martial, shall be as follows : to the president, members, supernumeraries, judge advocate and marshal, one dollar and twenty-five cents a day each, and four cents a mile for travel to and from court ; to the judge advocate for drawing necessary papers, for copies and recording, twelve and a half cents for each page of two hundred and twenty- four words ; to the marshal for notifying members, supernumeraries or the accused of the time and place of trial, three cents a mile for all necessary travel out and in, and twenty-three cents for each notification, and for summoning witnesses twenty-three cents each ; to the marshal or sheriff for committing any person for refusing to give evidence, the same fees as are allowed to sheriffs for like services on civil process ; to witnesses, the same fees as are allowed to witnesses at the court of common pleas. 24 186 COURTS OF INQUIRY. [title XII. Sec. 22. A roll shall be made by the judge advocate of all fees, charges and expenses, specifying the services and to whom due, and the president and judge advocate shall certify that the fees and charges are legal, and that the contingent expenses were neces- sary and the charges reasonable. And the same being transmitted with the record of [to?] the governor, he shall, with the advice of the council, draw an order on the treasurer for so much thereof as he shall deem reasonable and proper, in favor of the president of the court. CHAPTER 97. OF COURTS OF INQUIRY. Section 1. Court of inquiry, how ordered. 2. Court, how constituted. 3. Oath of members. 4. Oath of judge advocate. Section 5. Parties may offer evidence. 6. Court, not to give opinion. 7. Powers and fees of such court. Section 1. The commander in chief may order courts of inquiry to examine into the nature of any transaction, or any accusation or imputation against any officer, or for the purpose of settling military questions, or for other purposes relative to good order and discipline. Sec 2. Courts of inquiry shall consist of three officers and a judge advocate, to be designated by the commander in chief. Sec. 3. The judge advocate shall administer to each of the offi- cers composing a court of inquiry the following oath : "You swear that you will well and truly examine and inquire into the matter now before you, without partiality, favor, prejudice, affection or hope of reward. So help you God." Sec 4. The president shall then administer to the judge advo- cate the following oath : " You swear that you will impartially re- cord the proceedings of the court and the evidence to be given in the case in hearing. So help you God."' Sec 5. Parties personally interested shall be notified, and shall be permitted to cross-examine witnesses and introduce evidence, so as fairly to investigate the circumstances in question. Sec 6. These courts shall not give their opinion on the merits of the case unless specially required ; but their proceedings shall be signed by the president and judge advocate and transmitted to the commander in chief. Sec 7. They shall have the same powers in relation to the summoning and examination of witnesses, and the preservation of order, as courts martial, and shall be entitled to the same fees for their services to be allowed and paid in the same manner. CHAP. 98.] INSPECTlOiN'S. 187 CHAPTER 98. OF THE INCORPORATION OF MILITARY COMPANIES. Section 1. Companies may assume corporate powers. 2. Extent of their powers. Section 3. By-laws. 4. Legislature may abolish. Section 1. Any company of cavalry, artillery, grenadiers, light infantry or riflemen duly organized according to law, may assume a name and style by which such company may be known and dis- tinguished in law, give notice thereof in writing to the adjutant general, and give public notice thereof by publishing the same in some newspaper, if any in the county, otherwise in an adjoining county ; and shall then become a body politic and corporate. Sec. 2. Such incorporated companies shall have the powers and be subject to the liabilities of similar corporations^ and may hold real and personal estate to an amount not exceeding two thousand dollars. Sec. 3. They may make such by-laws and regulations relative to the enlistment, uniform and equipment of the company, con- sistent with the laws, as they may think proper ; but no taxes or assessments shall be raised but by consent of two thirds of the members. Sec 4. The legislature may at any time abolish or modify such corporations, as they may deem the public interest to require. TITLE XIII. OF THE INSPECTION AND SALE OF PROVISIONS AND MERCHANDISE, AND THE REGULATION OF TRADE. Chapter 99. Of the appointment and duties of inspectors. Chapter 100. Of the inspection of beef and pork. Chapter lOL Of the inspection of butter and lard. Chapter 102. Of the inspection of hops. Chapter 103. Of the inspection of fish. Chapter 104. Of the inspection of pot and pearl ashes. Chapter lOo. Of the inspection of gunpowder. 188 APPOINTMENT OF INSPECTORS. [TITLE XIII. Chapter 106. Of the inspection of lumber, &c. Chapter 107. Of the sale of hay, leather and cord wood. Chapter 108. Of measurers of grain in Portsmouth. Chapter 109. Of the weight of oats, potatoes and bread. Chapter 110. Of weights and measures. CHAPTER 99. OF THE APPOINTMENT AND DUTIES OF INSPECTORS. Section 1. Inspectors' term of office. 2. " how appointed. 3. " to be sworn and give bonds. 4. Deputies, appointment and duties. Section 5. Oaths, by whom administered. 6. If vacancy occurs, deputies to act. 7. Word inspector to include deputy in- spectors. Section 1. There shall be inspectors of beef and pork, of pot and pearl ashes, of gunpowder, of butter and lard, of hops and of fish; and the inspectors now appointed shall hold their offices for the term of five years, unless sooner removed by the governor and council. Sec. 2. The said inspectors shall be appointed b)^ the governor, with the advice and consent of the council, and shall hold their offices for the term of five years, unless sooner removed by the gov- ernor and council. Sec. 3. Each inspector before entering upon the duties of his office, shall be sworn to the faithful discharge thereof and shall give bond to the State, with sufficient sureties to the satisfaction of the treasurer thereof, in the sum of two thousand dollars. Sec 4. Each inspector shall appoint so many deputy inspectors as may be necessary, removable at his pleasure, and for whom he shall be answerable, each of whom before entering upon the duties of his office shall be sworn to the faithful discharge thereof and shall give bond to him, with sufficient sureties, in a sum not ex- ceeding one thousand dollars, and shall once in six months or often- er, if requested, make such returns to him as he may require. Sec 5. All oaths required by this chapter to be taken by any deputy, may be administered by the inspector, and all oaths required to be taken in the inspection of provisions or merchandise, may be administered by the inspector or any deputy, or in either of said cases by any justice of the peace. Sec 6. If any vacancy shall occur in the office of inspector, his deputies shall continue to perform their duties, and shall possess the same powers and be subject to the same liabilities as if no vacan- cy had occurred, until an inspector shall be appointed and duly qualified. Sec. 7. The word inspoctoi- in this title may include deputy in- spector. CHAP. 100] INSPECTIO.N OF BEEF AIND PORK. 189 CHAPTER 100. OF THE INSPECTION OF BEEF AND PORK. Section 1. No beef or pork to be exported unless inspected. 2 Inspector shall attend when required 3. " to make return annually. 4. Quality of beef to be packed. 5. Sorts and denominations of beef. 6. Beef, how to be salted. 7. Beef, &c., for U. S. excepted. 8. Quality of casks, and their contents. 9. Beef, how branded. 10. Pork to be inspected before exporta- tion. 11. Pork, how to be salted. 12. Quality of barrels, &.C., and their contents. 13. Pork, how branded. 14. Penalty for inspecting out of district. 15. Penalty for counterfeiting inspector's brand. 16. Fees of inspection. Section 17. Penalty for neglect or fraud of in- spector. 18. Penalty for intermixing or shifting. 19. Certificate of inspection for clear- ance. 20. Oath to be taken by master. 21. Fees for such certificate. 22. Penalty for shipping beef or pork not inspected, 23. Justice may issue w^arrant, or seizure may be made without warrant. 24. Proceedings in case of seizure. 25. Coastwise shipments embraced. 26. Weighers of beef, when and how ap- pointed. 27. Weighers to give certificate. 28. Fees for weighing and certificate. 29. Penalty for purchasing without weigh- ing. Section 1. No person shall ship or export from this State any- salted beef except in tierces, barrels or half barrels, excepting rounds of beef in kegs or tubs having the name of the owner and the town in which he resides, branded on one head of each keg or tub, nor any salted pork except in barrels or half barrels, each of the quali- ty, weight and dimensions hereinafter provided, nor unless the contents thereof are inspected and packed, and the casks branded agreeably to the provisions of this chapter. Sec. 2. The inspector or any deputy, when requested, shall at- tend as soon as may be at any suitable place within the county in which he resides, for the purpose of inspecting beef or pork, and shall see that the same is properly weighed, packed and salted. Sec. 3. The inspector shall annually on or before the first Wednesday of June, make a return to the governor of the whole number of tierces, barrels and half barrels of beef, and barrels and half barrels of pork inspected by him or his deputies during the year preceding, designating the different sorts of beef and pork and the place at which each was inspected. Sec. 4. No beef shall be packed in tierces, barrels or half barrels for exportation, unless it be of fat cattle not under two years old ; and all such beef shall be cut into pieces as nearly square as may be, and of not more than eight pounds nor less than four pomids in weight. 190 INSPECTION OF BEEF AND PORK. [tITLE XIII. Sec. 5. All beef which the inspector or his deputy shall on ex- amination find to have been killed at a proper age, and to be fat and otherwise good and merchantable, shall be divided into four different sorts to be denominated and the casks branded respective- ly, mess hcef, No. 1 beef, prime beef, and cargo beef. Mess beef shall consist of the choice pieces of oxen or steers well fatted and weighing six hundred pounds or upwards : the shin, shoulder, clod and neck shall be taken from each fore quarter, and the leg and the leg rand from each hind quarter ; and each cask containing beef of this description shall be branded on one of the heads with the words, mess beef No. 1 beef shall consist of the choice pieces of oxen, steers, cows or heifers not under four hundred pounds weight, without any necks or shanks, and on one head of each cask containing beef of this description shall be branded the words. No. 1 beef Pi'wie beef shall consist of fat cattle of all descriptions not be- fore mentioned, (bulls excepted,) of two years old and upwards, with not more than half a neck and two shanks to each barrel, without any hocks, and the same proportion to the tierce and half barrel, and each cask containing beef of this description shall be branded, prime beef. Cargo beef shall consist of those pieces which are excluded from mess, No. 1 and prime beef, together with the end of the necks and the hocks, and also such cattle as are excluded from the same, and each cask containing beef of this description shall be branded, cargo beef Sec. 6. Every barrel of beef shall be well salted with seventy- five pounds of clean St. Ubes, Isle of May, Lisbon, or Turk's Island salt or other salt of equal quality, or eighty pounds of coarse Liv- erpool salt or other salt of equal quality, exclusive of a pickle made of fresh water as strong as salt can make it, to which shall be added six ounces of saltpetre to each barrel of mess beef, and four ounces to each barrel of No. 1, prime or cargo beef; and to each tierce and half barrel, exclusive of said pickle, shall be put salt and saltpetre in the like proportions, according to the quantity and sorts of beef packed therein. Sec. 7. Whenever beef shall be put up for the govermiient of the United States, the inspector or his deputy may inspect the same according to contract and brand the same, navy, or navy mess. Sec. 8. Every tierce, barrel and half barrel in which beef shall be packed for exportation, shall be made of good seasoned white oak or white ash staves and heading, of rift timber free from any defect ; each tierce shall contain three hundi'ed pounds, each barrel two hundred pounds, and each half barrel one hundred pounds of beef; each barrel shall measure sixteen and a half inches between the chines and twenty-eight inches in length, and the half barrels shall not contain less than fifteen gallons ; the tierces, barrels and half barrels shall be covered three fourths of their length with good CHAP. 100.] INSPECTION OF BEEF AND PORK. 191 oak, ash or walnut hoops which shall be well set and driven toge- ther, leaving one fourth in the middle of the cask uncovered, and the heads shall be of a proper thickness. Sec. 9. Every tierce, barrel and half barrel, in which beef is packed for exportation, shall be legibly branded with the first letter of the christian name and the whole of the surname of the inspect- or who shall have inspected the same, the name of the town where it was inspected, the abbreviation, N. H., the name of the person for whom packed and the year of the inspection. Sec. 10. All pork packed in barrels or half barrels for exporta- tion, shall be sorted by the inspector or his deputy, and denomina- ted and branded respectively, extra clear, clear, hone 'middlings, mens, navy mess, No. 1, prime, and cargo pork, and in all cases the following pieces shall be taken out as refuse, viz : nose pieces, ears, brains, tails, feet and lard. Extra clear pork shall consist of the clear pork from well fatted hogs weighing not less than three hundred pounds each, excluding heads, necks, shoulders, legs, chine bones and spareribs, and the lean and blades from the backs of shoulders. Clear pork shall consist of the clear pork from well fatted hogs weighing not less than two hundred and fifty pounds each, exclu- ding heads, necks, legs, shoulders, chine bones, spareribs and the lean and blades from the backs of shoulders. Bone middlings shall consist of middle pieces taken from hogs well fatted, and weighing two hundi-ed and thirty pounds or up- wards. Mess pork shall consist of the pork of well fatted hogs weighing not less than two hundred pounds each, and excluding heads, necks, legs and shoulders. Navy mess pork shall consist of all parts of the carcass of well fatted hogs weighing not less than one hundred and sixty pounds, except the head, fore and hind legs, shoulder joint, lard and the refuse parts aforesaid. No. 1 pork shall consist of all parts of hogs well fatted, averaging two hundred and twenty pounds or upwards, and none of which shall weigh less than one hundred and eighty pounds each, with no more heads, legs, shoulders or other coarse parts than belong to one carcass, and excluding the refuse aforesaid. Prime pork shall consist of all parts of one hog and a half Avell fatted, which shall weigh two hundred pounds,_ deducting the refuse aforesaid, and prime pork in half barrels shall consist of pig pork, all parts of one carcass or not, but not to contain the head or legs of more than one carcass. Cargo pork shall consist of all other kinds of pork of an unmer- chantable but wholesome quality. All barrels or casks filled with pork heads or feet, shall be legi- bly branded, pork heads or pork feet, as the case may be. If any leg of pork shall be taken from any barrel, its place shall 192 INSPECTION OF BKEl' A.ND I'UUK. [tI'J LE XIII. l)G siipi)lie(] by the shoulder from a hog weighing not less than two hundred and fifty pounds, and any deficiency of such shoulder in weight shall be made up of pieces not less valuable than such leg. Sec. 11. Each barrel of pork shall be well salted with seventy pounds of clean coarse salt, in addition to a strong pickle and salt- petre, and each half barrel in the same proportion. Sec 12. Every barrel and half barrel in which pork shall be packed for exportation, shall be made of good seasoned white oak or white ash staves and heading, of rift timber free from defect ; each barrel shall contain two hundred pounds, and each half barrel one hundred pounds weight of pork : each barrel shall be seven- teen and a quarter inches between the chines, and contain not less than thirty-one and a half gallons, and all the barrels and half bar- rels shall be covered three fourths of the length thereof with good oak, ash or walnut hoops, leaving one fourth of the space in the centre of each uncovered. Sec. 13. All barrels and half barrels of pork packed for exporta- tion, shall be legibly branded on one head with the first letter of the christian name and the whole of the surname of the inspector who has inspected the same, the name of the town where it was inspected, and the abbreviation, N. H., the quantity and quality of pork in each, and the first six sorts aforesaid with the name of the person for whom it was packed. Sec. 14. If any deputy appointed under this chapter, shall in- spect or brand any cask of beef or pork out of the limits of the town or of the county for which he shall be appointed, he shall forfeit fifty dollars for each offence. Sec. 15. If any person other than said inspector or his deputy, shall inspect or brand any cask of beef or pork in the manner di- rected in this chapter, he shall forfeit fifty dollars for each cask so unlawfully branded. Sec 16. The inspector or his deputy shall receive for each tierce of beef inspected and branded, twelve and a half cents, for each barrel of beef or pork so inspected and branded, ten cents, and for each half barrel six cents, exclusive of cooperage, which sums shall be paid by the shipper. The inspector shall receive from his dep- uty four cents for each tierce, three cents for each barrel, and two cents for each half barrel of beef or pork inspected or branded by him. The payment of the fees of inspection of any beef or pork shall, if required, be secured to the inspector or deputy before the same is branded. Sec 17. If the inspector or his deputy shall be guilty of any neglect or fraud in inspecting any beef or pork, contrary to the true intent of this chapter, or shall brand any cask not actually by him inspected, he shall forfeit ten dollars for each cask in respect to which such offence is committed. Sec 18. If any person shall intermix, take out or shift any beef or pork from any cask legally inspected or branded, or put into the CHAP. 100.] INSPECTION OF BEEF AND PORK. 193 same any other beef or pork for expoi'tation, contrary to the intent of this chapter, he shall forfeit for each offence twenty dollars. Sec. 19. No salted beef or pork shall be exported from this State, unless the master or owner of the vessel in which the same shall be exported, shall produce to the collector, or some other officer authorized by the laws of the United States to clear vessels out, a certificate from the inspector or his deputy, that the same has been inspected and branded according to law ; and each certificate shall express the number of tierces, barrels and half barrels of beef or pork of each sort. Sec. 20. Such master or owner, on producing said certificate, shall take and subscribe the following oath before the clearance officer aforesaid. " I, A. B., of , do swear that according to the best of my knowledge and belief, the certificate hereunto annexed, contains the whole quantity of salted beef and pork on board the , master, and that no salted beef or pork is shipped on board said vessel for the ship's company, on freight or on cargo, but what is inspected and branded according to the laws of this State. So help me God." Sec. 21. The inspector or his deputy shall receive for such cer- tificate twenty-five cents for a quantity not exceeding one hundred tierces, barrels or half barrels of beef or pork ; fifty cents if the quantity exceeds one hundred and is less than two hundred ; and one dollar if it exceeds two hundred tierces, barrels or half barrels, and he shall give such certificate on payment of said fees, when- ever requested so to do. Sec. 22. If any person shall export or ship for exportation from this State any salted beef or pork not inspected and branded ac- cording to law, every such exporter or shipper shall forfeit six dol- lars, and the master of each vessel having on board such uninspect- ed beef or pork, shall forfeit two dollars for each cask so shipped or exported. Sec. 23. Any justice on complaint filed that any beef or pork is so shipped, may issue his warrant directed to any proper officer re- quiring him to seize and secure the same for trial, or any inspector or deputy may make such seizure without warrant. Sec 24. The complainant or the person making the seizure, shall as soon as may be file an information or libel thereon in some court proper to try the same, in the manner provided in the twen- ty-fifth chapter* of the Revised Statutes. Sec 25. All the provisions, penalties, regulations and require- ments contained in the foregoing sections, shall extend to all beef or pork transported or intended to be transported coastwise from any port or place in this State to any of the United States, or ship- ped on board any vessel for any purpose whatever. * Mistake in the original for Title 2.5. 25 194 INSPECTION OF BEEF AND PORK. [tITLE XIII. Sec. 26. The selectmen of every town where beef cattle are sold for the purpose of market or barreling, shall appoint one suitable person or more who shall be conveniently situated in such town and not dealers in cattle, to be weighers of beef, who shall be sworn to the faithful discharge of the duties of said office. Sec. 27. All beef sold as aforesaid shall be weighed by such sworn weigher, and a certificate of the weight of all the beef, hide and tallow of each head of cattle, unless otherwise requested by the seller, in the form following, shall be signed by such weigher and delivered to the seller on payment of the fees therefor : FORM OF CERTIFICATE. This certifies that I have fairly and properly weighed the cattle bought by of from of this day of 18 Number of head, | 1 1 1 1 1 Beef, 1 1 1 1 1 1 Hide, 1 III 1 Tallow, 1 1 1 1 1 1 Total Weight, | | | | | Sworn Weigher. Sec 28. The weigher shall receive for the first six head of cat- tle weighed, seventeen cents per head ; for the second six head weighed, twelve and a half cents per head ; for all over twelve and under twenty head, eight cents per head ; and for all over twenty head, five cents per head ; which shall be paid by the buyer of such cattle, and twelve and a half cents for each certificate, which shall be paid by the seller. Sec. 29. If any butcher or purchaser of beef cattle intended for market or barreling, shall cause any such beef cattle to be weighed contrary to the intent of this chapter, he sjiall forfeit fifty dollars for each offence, to be recovered by action of debt, one half to the use of the prosecutor and the other half to the use of the county ; but nothing herein contained shall prevent any person from buying or selling cattle on the hoof, or from determining the weight of such cattle in any mode agreed on by the parties. CHAP. 101] INSPECTION OF BUTTER AND LARD. 195 CHAPTER 101. OF THE INSPECTION OF BUTTER AND LARD. Section 1. Butter and laid for exportation shall be inspected. 2. Manner of inspecting. 3. Casks and firkins, how branded. 4. Quality and size of casks. 5. Casks to be filled with brine before packing, weighed and branded. 6. Fees of inspection. 7. Certificate to be produced before clear- ance. 8. Oath of master. Section 9. Fees for certificate. 10. Penalty for exporting butter or leird not inspected. 11. Justice may issue warrant, to seize, when. 12. Inspector may seize, proceeding.i. 13. Penalty for neglecting to inspect. 14. " " counterfeiting brand. 15. " " shifting any cask. 16. Fees paid by deputies to the inspector. Section 1. The inspector or some deputy shall inspect and prove all butter and lard in casks, firkins or kegs that shall be intended for exportation, and no person shall ship any of these articles for exportation before the same shall have been inspected. Sec 2. The inspector or his deputies shall examine the casks, kegs or firkins containing butter or lard intended for exportation, and with a hollow iron searcher shall perforate the contents of said casks, kegs or firkins, diagonally from one head to the other, and thereby draw out so much of the article as shall determine the quality of the whole ; he shall see that such butter has been pre- served with a due proportion of good fine salt, and that each article is sweet and in all respects fit to be exported to any foreign market without danger of spoiling ; and the butter or lard so drawn out shall be returned thereto forthwith. Sec. 3, Each cask, keg or firkin of butter or lard which, accord- ing to the best judgment of the inspector, appears to be good and fit to be exported as aforesaid, shall be branded in plain, legible letters with the words butter or Jard^ and first, or second, or third, according to the article and quality ; and all other kinds with the word refuse; each cask, keg or firkin so inspected shall also be branded with the abbreviation N. H., the name of the town where it is inspected, and the initial letter of the christian name and the whole of the surname of the inspector. Sec. 4. Every cask, keg or firkin in which butter or lard shall be packed for exportation, shall be made of sound, well seasoned white oak or white ash staves and heading, full bound, and either fifteen inches in length and ten and a half inches diameter in the head, twelve and a half inches in length and eight and a half inches di- ameter in the head, twelve inches in length and seven and a half inches diameter in the head, or ten inches in length and six inches diameter in the head. 196 INSPECTION OF BUTTER AND LARD. [TITLE XIII. Sec. 5. Each cask, keg or firkin, before any butter or lard shall be packed therein, shall be filled with a strong brine which shall re- main therein three days ; and as soon as the brine is emptied from the cask, keg or firkin, it shall be weighed by the o\vner of the butter or lard to be packed therein, who shall with a marking iron mark on one of the heads thereof the full weight of such cask, keg or firkin, and shall brand thereon the initial letter of his chris- tian name and the whole of his surname ; and if he shall falsely mark the same, he shall forfeit three dollars for each offence. Sec. 6. The inspector or any deputy for his services in inspect- mg, weighing, branding and delivering to the owner an invoice or weigh note under his hand of the weight of each cask, keg or fir- kin so inspected, shall receive seven cents for each cask, keg or firkin, to be paid by the purchaser of the same before the delivery of such certificate. Sec. 7. No butter or lard shall be exported from this State, un- less the master or owner of the vessel produces to the collector or other officer authorized by law to clear vessels out, a certificate from the inspector or some deputy that the same has been inspect- ed, marked and branded according to law ; each certificate shall express the number of casks and their weight. Sec. 8. The master or owner, on producing said certificate, shall take and subscribe the following oath before such officer : — " I, A. B, of do swear that according to the best of my knowledge and belief, the certificate hereto annexed, contains the whole quantity of butter (or lard, as the case may be,) on board the , master, and that no butter (or lard, as the case may be,) is shipped on board said vessel for the ship's company, on freight or on cargo, but what is inspected, marked and branded ac- cording to the laws of this State. So help me God.'' Sec. 9. The inspector or his deputy shall receive thirty cents for each certificate so given, and shall give the same when re- quired. Sec. 10. If any person shall export or ship for exportation from this State any butter or lard not inspected, marked and branded as required by this chapter, such exporter or shipper shall forfeit one dollar and the master of the vessel shall forfeit fifty cents for every cask, keg or firkin of butter or lard uninspected, shipped or export- ed as aforesaid. Sec. 11. Any justice of the peace, upon information filed that any butter or lard not inspected as aforesaid, is put on board any vessel for exportation, shall issue his warrant directed to the sheriff, his deputy or some constable, requiring such officers to seize such butter or lard and to secure the same for trial. Sec. 12. The inspector or any deputy having information of any butter or lard being laden in any port or place in this State for ex- portation, not being in conformity to the provisions of this chapter, may make seizure thereof forthwith or file a libel or information CHAP. 102.] INSPECTION OF HOPS. 197 therefor in any court proper to try the same ; and upon trial of the butter or lard so seized, it shall be condemned if a breach of this chapter is proved, and shall be forfeited to the use of the officer seizing and prosecuting for the same. Sec. 13. If the inspector or any deputy on application made for the examination of any butter or lard as aforesaid, shall unreasona- bly refuse, neglect or delay for the space of three hours after such application to proceed to such examination and inspection, the inspector so refusing, neglecting or delaying, shall forfeit for each offence two dollars. Sec. 14. If any person shall counterfeit any brand belonging to or proper to be used by the inspector or his deputy, or shall im- press or brand any cask, keg or firkin of butter or lard with any brand of such inspector or with any counterfeit brand as aforesaid, he shall forfeit for each offence ten dollars. Sec 15. If any person shall empty any cask, keg or fu-kin of butter or lard inspected or branded as aforesaid, and put in any other butter or lard for sale or exportation without first cutting out such brands and marks, he shall forfeit for each cask, keg or firkin ten dollars. Sec. 10. The inspector shall receive from each deputy two cents for each cask, keg or firkin inspected and branded by such deputy according to this chapter. CHAPTER 103. OF THE INSPECTION OF HOPS. Section 1. Hops not to be exported before inspec- tion . 2. Hops, wlien merchantable and how packed. 3. Hops, how inspected and marked. 4. Fees of inspection. 5. Penalty for neglect to inspect. 6. " " fraud in inspection. 7. " " intermixing or shifting. Section 8. Penalty for counterfeiting mark. 0. " " putting in other hops. 10. Certificate for clearance to be obtain- ed. 11. Oath of master. 12. Penalty for violation of law. 13. Inspector may seize hops. 14. Hops sent by inland carriage except- ed. Section 1. No hops shall be shipped or exported from this State unless the same are duly inspected, packed and marked, and of the quality herein mentioned : they shall be in square bags, each bag to contain two hundred pounds of merchantable hops as near as may be. Sec 2. No hops shall be deemed merchantable unless they have 198 INSPECTION OF HOPS. [title XIII. been well picked, are free from stems and leaves and dried on a kiln ; and the bags in which they are packed shall be made suffi- ciently strong to preserve the hops from damage, and of such a tex- ture as will fairly receive the marks of the cultivator and inspector ; and each bag shall be marked with the name of the cultivator and of the town in Avhich he lives. Sec. 3. The inspector or his deputy shall examine the contents of every bag of hops intended to be exported, in such manner as to ascertain the quality of such hops, and if found merchantable as before prescribed, and firmly packed, and that they have been so packed at least ten days previous to such examination, and that the bags are such as have been prescribed, he shall distinguish the same by marking them in legible characters with the words first sort, second sort or refuse, as their quality may be ; he shall also add the date of the year of which in his opinion they are the growth, the initial letter of his christian name, and the whole of his surname, and the letters, N. H. Sec. 4. The inspector shall receive for inspecting, marking, weighing and delivering an attested schedule of the same, at the rate of ten cents for every hundred pounds' weight so inspected, to be paid by the pin-chaser, exclusive of the charges of repacking and mending the bags when necessary, which shall be paid by the seller, and exclusive also of storage, if said hops should be stored by the inspector more than thirty days after being inspected : and such inspector shall have a lien on said hops for his fees until paid. Each deputy shall pay to the inspector one fifth part of all the fees by him received for inspecting as aforesaid. Sec. 5. If the inspector or any deputy on application made to him to examine any hops, shall unnecessarily neglect or delay to examine, mark and weigh the same, he shall forfeit for each offence five dollars. vSec. 6. If the inspector or any deputy shall be guilty of any fraud in inspecting hops, contrary to the true intent of this chapter, or shall put his mark on any bag or package of hops which has not been actually examiued, inspected and found merchantable, he shall forfeit twenty dollars for each bag or package so falsely marked. Sec. 7. If any person shall intermix, take out or shift any hops from any bag inspected and marked as aforesaid, or shall put in any other hops for sale or exportation contrary to the true intent of this chapter, he shall forfeit fifty dollars for each offence. Sec. 8. If any person shall counterfeit or alter any mark belong- ing to or proper to be used by any inspector of hops, or shall mark any bag of hops with any letter or mark aforesaid, he shall forfeit the hops so marked and also the sum of fifty dollars. Sec. 9. If any person shall empty any bag of hops marked as by this chapter is required, and shall put in any other hops for sale or exportation without first cutting out said marks, he shall forfeit for each offence fifty dollai's. CHAP. 103.1 INSPECTION OF FISH. 99 Sec. 10. No hops shall be shipped from this State, unless the master or owner of the vessel in which such hops are shipped, shall produce to the collector or other officer authorized by the laws of the United States to clear vessels out, a certificate from the inspector or some deputy, (for which he may charge twenty-five cents before delivery,) that such hops have been duly inspected, marked and weighed agreeably to the laws of this State, and also the number of bags of each sort of hops and the weight of each bag. Sec. 11. The master or owner, on producing such certificate to such officer, shall take and subscribe the following oath : " I, A. B. of do swear that according to the best of my knowledge and belief, the certificate hereunto annexed, contains the whole quantity of hops on board the , master, and that there are no hops on board said vessel for the use of the ship's company, on freight or on cargo, but what have been inspected and marked according to the laws of this State. So help me God." Sec. 12. If any person shall export or ship for exportation out of this State any hops not marked and inspected as by law is re- quired, such exporter or shipper shall forfeit twenty dollars, and the master of any vessel having the same on board, shall forfeit ten dollars for every bag so shipped or exported. Sec. 13. If any hops not inspected and marked as aforesaid, shall be exported or shipped for exportation from this State con- trary to the provisions of this chapter, any justice upon informa- tion may issue a warrant under his hand and seal directed to the sheriff", his deputy or some constable, requiring such officer to seize such hops and secure the same for trial. Sec. 14. Nothing contained in this chapter shall be construed to affect any hops conveyed or transported from this State by inland carriage. CHAPTER I03. OF THE INSPECTION OF FISH. Section 1. Fish, how salted and preserved. 2. " " packed and pickled. 3. " " sorted and branded. 4. Casks, how branded. 5. Smoked fish, how packed. 6. «' " " sorted. 7. " " " branded. Section 8. Quality of barrels, tierces and casks. 9. " of boxes. 10. Owner to furnish brand in certain cases. 11. Small fish packed whole, when. 12. Inspectors to make returns. 13. Fees for inspection nnd certificate. 200 INSPECTION OF FISH. [title XIII. Section 14. Fees, by whom paid. 15. Inspector's share of fees. 16. Certificate for clearance to be pro- cured. 17. Oath of master. 18. Penalty for putting or having on board a vessel fish not inspected. 19. Fish not inspected may be seized. Section 20. Penalty for branding fraudulently. 91. " " intermixing or shifting. 22 " " selling damaged fish. 23. Shelled fish, how packed. 24. Fish for sale within this State, how packed, weight and penalties. 25. Fish in kegs less than 10 gallons ex- cepted. Section 1. The inspector of fish or some deputy shall see that all kinds of split pickled fish and fish for barreling, intended for exportation, have been well struck with salt or pickle in the first instance, and preserved sweet, free from rust, taint or damage. Sec. 2. Such fish as are in good order and of a good quality, shall be packed in tierces, barrels or half barrels ; the tierces to contain three hundred pounds, the barrels two hundred pounds and the half barrels one hundred pounds of fish each ; and shall be packed with good clean salt suitable for the purpose ; and the casks after being packed and headed up with the fish and suflicient salt to preserve the same, shall be filled up with a clear strong pickle. Sec. 3. Each cask shall be filled with fish of one and the same kind, and shall be branded salmon, tnackerel, shad, aleivives, her- ring, or as the case may be ; those of the best quality caught in the right season to be most approved and free from damage, shall be branded ca7go No. 1 ; those which remain after the best have been selected, being sweet, free from taint, rust or damage, shall be branded cargo No. 2 ; and the thinnest and poorest of those that are sweet and wholesome, shall be branded cargo No. 3. Sec. 4. The inspector shall also brand in plain, legible letters on the head of every such cask, the initial letter of his christian name and the whole of his surname, the name of the town for which he is appointed, and the abbreviation, N. H. All mackerel shall also be branded on each cask with the month in which the same is packed. Sec. 5. All herrings or alewivcs intended to be smoked and packed, shall be sufficiently salted and smoked to cure and preserve the same, and afterwards closely packed in the boxes in dry wea- ther. Sec. 6. All smoked alewives or herrings shall be divided and sorted by the inspector or some deputy, and denominated, according to their quality, ^rs/ sort or second sort. The first sort shall con- sist of all the largest and best cured fish ; the second sort of the smaller but well cured fish ; and in all cases all fish which are belly broken, tainted, scorched, burned, slack salted or not sufficiently smoked, shall be taken out as refuse. Sec 7. Each box of alewives or herrings so inspected, shall be branded on the top by the inspecting officer with the first letter of his christian name and the whole of his surname, the name of the town where it was inspected, with the abbreviation, N. H., the CHAP. 103.] INSPECTION OF FISH. 201 quality whethev Jirst sort or second sort, and the month and year in which they were so branded. Sec. 8. All tierces, barrels and half barrels used for packing or containing pickled fish, shall be made of sound, well seasoned white oak, ash, red oak, spruce, pine or chestnut staves of rift timber, with heading of either of said kinds of wood well planed, sound and well seasoned, the heading, if of pine, to be free from sap ; and shall be well hooped with at least three good and strong hoops on each bilge and three hoops on each chine ; the barrel staves shall be twenty-eight inches in length and the heads seventeen inches between the chines ; the barrel shall contain not less than twenty- nine nor more than thirty gallons, the half barrels not less than fifteen gallons and the tierces not less than forty-five nor more than forty-six gallons ; and each cask shall be made in a workmanlike manner, to hold pickle, and shall be branded on the side thereof near the bung, with the name of the maker or owner. Sec. 9. All boxes used for packing and containing smoked ale- wives or herrings, shall be made of good soimd boards sawed and well seasoned, the sides, top and bottom of not less than half inch boards, and the ends of not less than three quarter inch boards, se- curely nailed with wrought or cut nails, and shall be seventeen inches in length, eleven inches in breadth and six inches in depth in the clear inside. Sec. 10. Every person having fish for packing or pickling either in bulk, casks or boxes to the amount of twenty barrels or forty boxes in one season, shall furnish the inspector or one of his depu- ties with a branding iron containing the first letter of the owner's christian name and the whole of his surname, and the inspecting officer shall cause such name to be fahly branded on the head of every cask, and on one end of every box of fish inspected for such person ; if he shall refuse or neglect to furnish such brand, he shall forfeit three dollars for such neglect or refusal. Sec. 11. All small fish which are usually packed whole with dry salt, shall be put in good casks of the size and materials above required for pickled fish, and shall be packed close, edgewise in the cask and well salted ; the casks shall be filled full with the fish and salt, putting in no more salt than is necessary for the pre- servation of the fish ; and the inspecting officer shall brand each cask with the name of the fish and the quality thereof, whether Jirst sort or second sort, as in the case of smoked fish aforesaid. Sec. 12. The inspector shall make return to the governor annu- ally on or before the first Wednesday of June, of all the fish of every kind, whether in casks or boxes, which have been inspected by him or his deputies during the year preceding, and each deputy shall seasonably furnish said inspector with a return of all the tierces, barrels, half barrels and boxes by him inspected and branded since his last return. Sec. 13. The fees for inspection and branding each cask and 26 202 INSPECTION OF FISH. [TITLE XIII. box of fish as provided by this chapter, shall be for each tierce, fourteen cents ; for each barrel, eleven cents ; for each half barrel, eight cents ; for each box, four cents ; exclusive of the labor of packing and coopering ; and twenty-five cents for each certificate thereof given. Sec. 14. These charges shall be paid by the owner, or person employing the insj)ecting officer, and may by such person be re- covered of the subsequent purchaser or exporter in addition to the purchase or cost of the fish. Sec. 15. The inspector shall receive from each deputy three cents for each tierce or barrel, two cents for each half barrel, and one cent for each box inspected and branded by such deputy. Sec. 16. No pickled fish, or smoked alewives or herrings shall be shipped or exported by water from this State in casks or boxes, unless the owner or master of the vessel shall produce to the col- lector, or other officer authorized by the laws of the United States to clear vessels out, a certificate from the inspector or some deputy that such fish has been inspected, packed and branded according to law, together with the number of tierces, barrels, half barrels and boxes thus shipped, the kind and quality of the fish they contain, the name of the vessel in which such fish are received for exporta- tion, and the owner or master thereof. Sec. 17. The master or owner, on producing such certificate to such officer, shall take and subscribe the following oath : '•'I, A. B., of , do swear, according to the best of my know- ledge and belief, that the certificate hereunto annexed, contains the whole quantity of pickled and barreled fish, smoked ale wives and herrings on board the , master, and that no fish is shipped on board said vessel for the ship's company, or on freight or cargo, but what is inspected and branded according to law. So help me God." Sec 18. If any person shall put or receive on board any vessel or other carriage of conveyance, to transport the same from this State, any pickled or whole fish, or any smoked alewives or her- rings packed in casks or boxes, which are not inspected and brand- ed according to law, he shall forfeit not less than two dollars nor more than ten dollars for every hundred pounds of pickled or whole fish, and one dollar for each box of smoked alewives or herrings so uninspected. Sec. 19. If any pickled or barreled fish, smoked alewives or herrings as aforesaid shall be put on board any vessel, boat or carriage of conveyance with intent to sell or export the same con- trary to law, any justice of the peace may issue his warrant to the sheriff, his deputies or a constable requiring such officer to seize and secure said fish and carry them to the inspector or deputy nearest to such vessel, boat or carriage, who shall open and inspect, pack and brand the same as is provided in this chapter, and shall detain CHAP. 103.] INSPECTION OF FISH. 203 the same until the expense and charges of seizure, inspection, packing and all other charges arising from such seizure, shall be paid. Sec. 20. If the inspector or any deputy shall brand any cask or box the contents of which he has not inspected, packed, salted, coopered and nailed according to the provisions of this chapter, or shall permit any other person to use his brands in violation or eva- sion thereof, he shall forfeit twenty dollars for each cask or box so branded, and shall also be removed from office. Sec 21. If any person shall intermix, take out or shift any in- spected fish packed and branded as aforesaid, or shall put in other fish for sale or exportation, he shall forfeit five dollars for each cask, package or box so altered ; but if any casualty shall render it necessary to repack a cask or box of inspected fish, it shall in all cases be done by an inspector. Sec. 22. If any person shall sell or export, or cause to be sold or exported within or from this State, any tainted or damaged pick- led fish, or smoked alewives or herring, he shall forfeit three dollars for every hundred weight of such pickled fish, and one dollar for each box of such smoked alewives or herrings, which shall be thus sold or exported. Sec 23. All shelled clams or other shelled fish used for fish bait, hereafter offered for sale, shall be put in barrels or half barrels of the description required for pickled fish ; and the casks shall be filled full and salted sufficient to preserve the same ; if any person shall offer for sale any shelled fish aforesaid not packed agreeably to this section, he shall forfeit for each offence two dollars. Sec 24. All kinds of pickled fish which are packed in tierces, barrels or half barrels, and all smoked alewives or herrings packed in boxes for consumption within this State, and which are not sub- jected to be inspected and branded as provided in case of exporta- tion, shall however be packed with only one kind of fish in each cask or box, and there shall be the same weight in each cask as herein-before provided ; and for intermixing different kinds of fish in the same cask or box or for short weight in any cask, the own- er or seller shall forfeit the same sum herein-before provided for the like offence, if such fish were inspected. Sec 2.5. Nothing in this chapter contained shall extend to fish packed in kegs of less than ten gallons. 204 INSPECTION OF TOT AND PEARL ASHES. [tITLE XIII. CHAPTER 104. OF THE INSPECTION OF POT AND PEARL ASHES. Section 1. Pot and pearl ashes not to be exported before inspection. 2. How sorted and branded. 3. Inspector sliall weigli and mark each cask. 4. Fees of inspection. 5. Quality and size of casks. 6. Manufacturer sliall brand casks. 7. Penalty for branding falsely. 8. Penalty for neglect to inspect. Section 9. Penalty for emptying or shifting casks. 10. Inspector may seize casks not branded. 11. Casks not branded, how forfeited. 12. Inspector may require aid, and penal- ty for refusal to aid or obstructing officer. 13. Penalty on master of vessel for hav- ing casks on board not branded. 14. May export coastwise by giving bond. Section 1. No person shall ship any pot or pearl ashes for expor- tation, unless the same shall have heen duly inspected and branded by some inspector. Sec. 2. The inspector shall start the pot or pearlash out of the casks, and carefully examine, try and inspect the same, and sort the same in three different sorts, if necessary, and shall put each sort by itself in tight, new casks, well hooped and coopered, which shall be branded in plain, legible letters with the words first sort, or second sort or third sort, the words potash or pearlash, as the case may be, the first letter of his christian name and the whole of his surname, the town where the same is inspected, and the abbreviation N. H. on each cask. Sec. 3. The inspector at the time of starting pot or pearl ashes for inspection, shall weigh each cask and mark the weight with a marking iron on each head thereof. Sec. 4. The inspector shall receive for starting, inspecting, sort- ing, repacking, weighing, putting the casks in good order and de- livering to the owner an invoice or weigh note under his hand of the weight of each cask, six cents for every hundred weight so inspected, to be paid by the purchaser. Sec. 5. Every cask in which pot or pearl ashes shall be packed for exportation, shall be made of sound, well seasoned oak or white ash staves and heading, full bound, twenty-nine inches in length, nineteen inches diameter in the head and of such weight in pro- portion to its contents as will amoimt, as near as may be, to four- teen per centum tare thereon. Sec. 6. Every manufacturer of pot and pearl ashes within this State shall brand each cask containing the same, with the first let- ter of his christian name and the whole of his surname, and the name of the town where manufactured, before it shall be removed from the manufactory ; if any person shall remove any cask before CHAP. 104.] INSPECTION OF POT AND PEARL ASHES. 205 being branded as aforesaid, he shall forfeit one dollar for each cask so removed. Sec. 7. If any person shall brand any cask of pot or pearl ashes manufactured by himself, with the name of any other person, or shall brand any such cask manufactured by another person with his own name, or shall coimterfeit any brand belonging to or proper to be used by any inspector, or shall impress or brand any cask of pot or pearl ashes with any brand of any inspector or with any coun- terfeit brand, he shall forfeit for each offence one hundred dollars. Sec. 8. If any inspector on application made for the examination of any pot or pearl ashes, shall unreasonably refuse, neglect or delay to make such examination and inspection for the space of three hours after any such api^lication, he shall forfeit for each offence twenty dollars to any person who will sue therefor. Sec. 9. If any person shall empty any cask of pot or pearl ashes inspected and branded as required by this chapter, and sliall put in any other pot or pearl ashes for sale or exportation without first cutting out the said brand marks, he shall forfeit for each offence one hundred dollars. Sec. 10. Any inspector may enter any vessel lying in the har- bor where such inspector is authorized to inspect pot or pearl ashes, and there search, and may seize, carry away and secure for trial every cask of pot or pearl ashes not inspected or branded as in this chapter is provided, which shall be forfeited. Sec 11. All casks seized as aforesaid, may be prosecuted to condemnation by the officer seizing the same, by libel in the court of common pleas in the county in which the same was seized, and after condemnation the same shall be sold at public vendue by the sheriff or his deputy, and after the payment of all charges one half of the residue of the proceeds of such sale shall be paid by him into the treasury of the county, and the other half to the inspector seizing the same. Sec. 12. Any inspector may require necessary aid for searching for and seizing any casks aforesaid, and every person refusing or neglecting to give such aid when requested, shall forfeit five dollars for such refusal or neglect. If any person shall obstruct or hinder any inspector in making search or seizure as aforesaid, he shall for- feit for each ofience three hundred dollars. Sec 13. If the master of any vessel shall receive on board any cask of pot or pearl ashes not branded as required by this chapter, he shall forfeit fifteen dollars for each cask so received. Sec 14. Any citizen of this State may export by water pot or pearl ashes to any port within the United States, without inspection by giving bond in a reasonable sum with sufficient surety to some inspector, conditioned that the same shall be landed in some port within the United States, and not shipped for any foreign market until duly inspected. Such person within six months from the date of said bond, shall produce to said inspector a certificate from 206 INSPECTION OF GUNPOWDER. [tITLE XIII. the proper oiRcer in some one of the United States that said pot or pearl ashes exported as aforesaid, have been duly inspected. CHAPTER 105. OF THE INSPECTION OF GUNPOWDER. Section 1. Gunpowder, how manufactured. 2. " how proved. 3. " how inspected and marked. 4. Fees of inspection. Section 5. Selhng powder not inspected, penalty. 6. " " condemned, penalty. 7. " " if impure, penalty. Section 1. All gunpowder manufactured in this State, shall be composed of fourteen parts of fresh burned coal made from wood which forms the least ashes, and which has been well and careful- ly prepared and made into coal after being stripped of its bark ; ten parts of sulphur, and seventy-six parts of purified nitre, for every hundred parts of gunpowder. Sec. 2. No gunpower shall be considered to be of proof, unless one ounce thereof placed in the chamber of a four and a half inch howitzer, with the howitzer elevated so as to form an angle of for- ty-five degrees with the horizon, will upon being fired throw a twelve pound shot seventy-five yards at the least. Sec 3. All gunpowder before being removed from the manufac- tory or deposited in any public powder magazine in this State, shall be inspected and proved by some inspector, and if it shall appear to be well manufactured, composed of pure materials and of the proof herein required, he shall mark each cask containing gunpow- der by him inspected and proved as aforesaid, with the words, "N. II. inspected proof,^' his christian and surname, the quantity of powder in figures and the year in which inspected. All other gun- powder shall be marked " condemned " on each head and the side of each cask, with the name of the inspector at length. Sec. 4. The inspector shall receive one cent for each pound of gunpowder by him inspected, whether the same is approved or condemned, to be paid by the owner thereof. Sec. 5. If any manufacturer of gunpowder shall sell or dispose of, or permit to be sold or disposed of, or shall export or cause to be exported from the State any powder of his manufacture not inspected and marked according to law, he shall forfeit fifty cents for each pound of powder so sold, disposed of or exported. Sec. 6. If any person shall knowingly sell any condemned gun- powder, or shall fraudulently alter or deface any mark placed by any inspector upon any cask containing gunpowder, or shall fraud- CHAP. lOG.] LUMBER, TIMBEB, STAVES. 207 ulently put any gunpowder condemned or not inspected, into any cask marked by any inspector as aforesaid, he shall forfeit for each olfence not less than two hundred dollars nor more than five hun- dred dollars. Sec. 7. If any person shall knowingly sell, or expose or offer for sale in this State any gunpowder not well manufactured, composed of impure materials or not of the proof required by this chapter, he shall forfeit for each offence not less than five nor more than fifty dollars. CHAFTEli 106. OF THE INSPECTION OF LUMBER, TIMBER, &c. Section L Surveyors and cullers, how chosen. 2. Duties of surveyors of lumber. 3. " " cullers of hoops and staves. 4. Standard thickness of plank. 5. Measurement of ship timber. 6. Shingles, how inspected and sorted. 7. " how branded. 8. Clapboards, how inspected and sorted. Section 0. Staves, hoops, &c., how inspected. 10. Fees for inspection. 11. Penalty for exporting lumber not in- spected. 12. Penalty for exporting shingles not inspected. 13. Penalty for fraud of surveyor. 14. Penalty for neglect of surveyor. Section 1 . One or more surveyors of lumber and cullers of hoops and staves shall be chosen by the inhabitants of each town at their annual meeting, who shall be skilled in such business, and shall hold their offices one year and until others are chosen in their stead. Sec. 2. The surveyor of lumber shall survey all plank, boards, spars, slitwork, shingles, clapboards and timber previous to the sale thereof, and shall measure the same if necessary, having due con- sideration for drying and shrinking, making reasonable allowance for rots, knots and splits ; he shall mark the same anew to the just contents thereof, if requested by the seller or purchaser, and give a certificate of the quantity and sorts, if required, on payment therefor. Sec. 3. The cullers of hoops and staves shall view and cull all hoops, staves and heading previous to the exportation thereof, and shall give a certificate of the quantity on payment therefor. Sec 4. The standard of the thickness of merchantable plank shall be two inches, and when any plank of a different thickness shall be purchased, it shall be admeasured and calculated by that standard. Sec 5. All round ship timber shall be measured according to the f(i!lowing rule, viz : a stick ©f timber sixteen inches in diameter 208 LUMBER, TIMBER, STAVES. [tITLE XIII. and twelve inches in length shall constitute one cubic foot, and in the same ratio for any other size and quantity : forty feet shall con- stitute one ton. Sec. 0. All shingles offered for sale in this State shall be straight, fom- inches wide, free from shakes and worm holes ; shall be split or sawed in a longitudinal direction crosswise the grain, and shall be designated and known according to their quality as No. 1, No. 2, No. 3 or refuse. Shaved shingles No. 1 shall be eighteen inches long, seven six- teenths of an inch thick at the butt end ; shall be free from knots and sap and shall be breasted. No. 2 shall be at least seventeen inches long, three eighths of an inch thick at the butt end and clear of knots and sap. No. 3 shall be at least fifteen inches long, three eighths of an inch thick at the butt. Sawed shingles No. 1 shall be clear of knots, shakes and sap. No. 2 shall be free from shakes and sap, and clear of knots eight inches from the butt end. No 3 shall be free from shakes and unsound knots. Refuse shall consist of such shingles as will not pass inspection for either of the above classes, unless in the opinion of the survey- or they shall be so inferior as to be worth less than half the price of No. 1, in which case they shall be branded O. Sec. 7. No shingles shall pass inspection, unless so packed as to contain by admeasurement one quarter of a thousand in each round bunch, and either one thousand or one half or one quarter of a thousand in each square bunch. Each bunch or bundle shall be branded upon the butt No. 1 ; No. 2 ; No. 3 ; Refuse or O accord- ing to the quality, and also with the abbreviation N. H. ; which brand last mentioned shall be furnished by the town. Sec. 8. All shaved pine clapboards shall be made of good sound timber, clear of sap, and all shaved clapboards shall be free from shakes and worm holes, straight, well shaved and of the following dimensions, viz : full five eighths of an inch thick on the back, five inches wide and four feet six inches long. All sawed clapboards shall be of the following descriptions, and shall be known as clear^ sap-clear^ or merchantable. Clear clap- boai'ds shall be sawed from good timber and shall not be less than four feet two inches in length, five inches in width and half an inch thick on the back, and shall be free from knots, vv'orm holes, shakes and rots. Pine clapboards shall also be free from sap. Sap-clear clapboards shall be of the same dimensions and quality as the clear clapboards^ but need not be free from sap. Merchant- able clapboards shall be of the same length, from four to five inches wide, and shall be free from rots, shakes, worm holes and broken or loose knots. Two pieces of either of the above descriptions, neither of which shall be less than thirty inches long, or three pieces neither of which slioU be less than two feet long, shall be CHAP. 106] LUMBER, TIMBER, STAVES. 209 allowed and counted as one clapboard ; but there shall be at least ninety whole clapboards in every hundred. Sec. 9. All white oak butt staves shall be at least five feet in length, five inches wide, and one inch and a quarter thick on the heart or thinnest edge and every part thereof. All white oak pipe staves shall be at least four feet eight inches long, four inches broad in the narrowest part and not less than one inch thick on the heart or thinnest edge. All white oak hogshead staves shall be at least forty-two inches long, and not less than three quarters of an inch thick on the heart or thinnest edge. All white oak barrel staves for foreign market shall be thirty-two inches long, and for home use shall be thirty inches long, and all shall be half an inch thick on the heart or thinnest edge. All white oak hogshead and barrel staves shall be at least, one with another, four inches in breadth, and none less than three inches in breadth in the narrowest part, and those of the last breadth shall be clear of sap. All red oak hogshead and barrel staves shall be of the same length, width and thickness with the white oak hogshead and barrel staves aforesaid. All staves shall be well and proportionably split. All shooks shall be forty inches long and not less than two and a half inches wide at the ends, and full half an inch thick when dressed. All white oak hogshead heading shall be one inch thick, thirty inches long and not more than five pieces to one head. All hogshead hoops shall be made of white oak, brown ash or walnut, of good and sufficient substance, well shaved and either ten, twelve or fourteen feet in length : the oak and ash hoops shall not be less than one inch broad, and the walnut hoops not less than three quarters of an inch broad at the least ; all hoops of ten, twelve and fourteen feet respectively, shall be made up in distinct bundles by themselves containing twenty-five hoops each, and each bundle intended for exportation, shall be branded on the band there- of with the brand of the town whence exported. All hoops and staves shall hereafter be counted and sold by the decimal hundred. Sec 10. SunJ-eyors and cullers shall receive the following fees : for surveying shingles and clapboards, four cents per thousand, to be paid by the buyer ; for viewing and culling barrel staves, twen- ty-eight cents per thousand ; for hogshead staves, thirty-four cents per thousand ; for pipe staves, forty cents per thousand ; for butt staves, forty-five cents per thousand ; for shooks, one third of a cent each ; for hoops, fifty cents per thousand ; and for heading, thirty-three cents per thousand ; the refuse to be counted in all cases as well as the merchantable ; the fees for such survey to be paid bv the owner, and the fees paid for the survey of the mer- 27 210 HAY, LEATHER, CORDWOOD. [title xui. charitable, to be by him recovered of the buyer ; for surveying boards, timber and other hmiber eight cents per thousand feet for viewing only, and eight cents per thousand feet additional for mea- suring and marking, and in the same proportion in all cases for a less quantity. Sec. 11. If any person shall export or ship for exportation from this State any boards, staves, hoops, shooks, heading or clapboards not surveyed, culled, inspected and branded according to the provi- sions of this chapter, such person for each offence shall forfeit one quarter part of the value of all articles so shipped or exported. Sec. 12. If any person shall export or ship for exportation, any shingles branded O, or not branded according to law, he shall for- feit the same or the value thereof. Sec 13. If any surveyor or culler shall be guilty of any fraud or deceit in the surveying or culling of any boards, staves, hoops, shooks, heading, shingles, clapboards or timber, or shall connive at or allow of any breach of this chapter, he shall forfeit for each oifence thirty dollars. Sec. 14. If any surveyor or culler shall unreasonably refuse or neglect to attend to his duties upon tender of the fees therefor, he shall forfeit for each offence three dollars. CHAPTER 107. OF THE SALE OF HAY, LEATHER AND CORDWOOD. Section 1. Pressed hay, how branded. 2. Penalty if not branded. 3. Leather stamped by maker, effect. 4. Penalty for stamping fraudulently. Section 5. Wood, how measured. 6. Measurers, their duty and fees. 7. Penalty for fraud or neglect. Section 1. All pressed hay offered for sale in this State or ship- ped for exportation, shall be branded in some conspicuous place on each crate or bundle, with the first letter of the christian name or names and the whole of the surname of the person packing or press- ing said hay, and Avith the name of the town and initials of the State where the same is pressed. Sec 2, If any person shall offer for sale or ship for exportation any crate or bundle of pressed hay not branded as aforesaid, he shall forfeit five dollars for each offence. Sec 3. Each manufacturer of leather shall have the exclusive right of stamping leather by him manufactured, with the initial letter of his christian name or names and the whole of his siu'name and the name of the town of his abode, and such stamp shall be CHAP. 108.] MEASURERS OF GRAIN. 211 deemed a warranty that the leather so stamped is merchantable, made of good materials and well manufactured. Sec. 4. If any person shall fraudulently stamp any leather with the name or stamp of any other person or shall aid therein, he shall be punished by fine not exceeding one hundred dollars, or by im- prisonment not exceeding six months, at the discretion of the court. Sec 5. All cordwood exposed to sale shall be either four feet, three feet or two feet long, including half the kerf ; and being well and closely laid together, a quantity measuring eight feet in length, four feet in width and four feet in height, shall constitute one cord. Sec. 6. Measurers of wood shall be chosen by each town at the annual meetmg, who shall be duly sworn and whose duty it shall be to measure any wood when requested and to give a certificate thereof, and for such measurement and certificate he shall be paid at the rate of four cents per cord, to be paid by the purchaser. Sec. 7. If any measurer upon tender of his fees, shall unreason- ably neglect or refuse to measure or certify any wood so brought to him for that purpose, or shall give any false certificate, he shall forfeit for each offence five dollars. CHAPTER 10$. OF MEASURERS OF GRAIN IN PORTSMOUTH. Section 1. Measurers of grain, how chosen. 2. " " " their duty. 3. " " " their fees. Section 4. Sealed measures to be used. 5. Penalty for fraud of measurer. 6. " for selling without measure. Section 1. The selectmen of Portsmouth shall annually appoint one or more measurers of grain in said town, who shall be sworn to the faithful performance of their duty, and who shall hold their office until new ones shall be appointed and qualified. Sec 2. All corn and grain imported into said town by sea, shall be measured by one of said measurers, except where the quantity is less than ten bushels. Sec 3. The fees for measuring shall be as follows : for any quantity not exceeding fifty bushels, one cent per bushel, and for any quantity exceeding fifty bushels, one half cent per bushel, to be paid in all cases by the purchaser. Sec 4. Said measurers shall use no other measures than such as are specially provided for this purpose, and in strict compliance with the law. Sec 5. If any measurer shall use any deception in measuring any grain or corn, or shall give a fraudulent certificate of any mea- surement, the person injured may recover of said measurer four 212 OATS, POTATOES, BREAD. [title XIII. fold damages for the injury sustained, by an action on the case in any court proper to try the same. Sec. 6. If any person importing corn or grain as aforesaid, shall sell or dispose of any quantity thereof exceeding ten bushels, with- out having the same measured as aforesaid, he shall forfeit for each bushel so sold or disposed of, twenty cents, to be recovered by action of debt in the name and to the use of said town. CHAPTER 109. OF THE WEIGHT OF OATS, POTATOES AND BREAD. Section 1. Standard weight of oats. 2. " " of potatoes. 3. Mode of measuring may be agreed on. Section 4. Bread to be sold by weight. 5. Weight of bread regulated. 6. Penalty for unlawful sale of bread. Section 1. The standard weight of all oats offered for sale in this State, shall be thirty pounds per bushel. Sec 2. The standard weight of all potatoes offered for sale in this State, shall be sixty-two pounds per bushel. Sec 3. Oats or pota.toes may be measured in any other manner, if the parties interested shall so agree. Sec 4. All bread baked in loaves or biscuit which shall be ex- posed or offered for sale by any baker or other person, shall be sold by weight. Sec. 5. All soft biscuit offered for sale, shall weigh either four or eight ounces each, and all loaves of soft bread shall be of the weight of half a pound, one, two, three or four pounds ; and every soft loaf or biscuit shall be marked with the weight thereof, and with the initials of the christian name and the whole of the surname of the baker. Sec 6. If any baker or other person shall offer for sale any soft biscuit or loaf, which shall not in weight and mark conform to the provisions of the preceding section, he shall forfeit ten dollars for each offence. CHAP. HO.] WEIGHTS AND MEASURES. 213 CHAPTER 110. OF WEIGHTS AND MEASURES. Section 1 . Standard weights and measures for the State, how kept. 2. County sealers, how appointed. 3. " " their duties and fees. 4. Each town to be provided with a set of standard weights and measures. 5. Town sealer of weights, «S:c., how chosen. 6. Town sealer, his duties and fees. 7. Size of measures for charcoal. 8. Size of measures for articles sold by heaped measure. Section 9. Penalty for using weights and mea- sures not sealed or unjust. 10. Penalty on selectmen for not provid- ing a set of standard weights, &c., for town, 11. Weights and measures, how sealed. 12. " Hundred weight " means 100 pounds. 13. Weighers to weigh accordingly. 14. Penalty for weighing illegally. Section 1. The set of standard weights and measures received from the secretary of state of the United States, and all scale beams, weights and measures owned by this State, shall be depos- ited in the office of the treasurer of this State who shall receive and preserve the same. Sec. 2. The governor, with the advice of the council, shall ap- point a sealer of weights and measures for each county in this State, who shall be sworn to the faithful discharge of his duty, and shall hold his office until some other person shall be appointed and qualified in his stead. Sec. 3. Each county sealer shall provide at the expense of the county, when necessary, a complete set of scale beams, weights and measures similar to those heretofore owned by the State, to be kept as standards for the use of the county. He shall try and prove by said standards all scale beams, weights and measures brought to him for that purpose by any town sealer, and shall seal such as are found agreeable to such standards, and shall receive six cents for every scale beam, steelyard, weight or measure so tried and proved, whether sealed or not sealed. Sec. 4. The selectmen of each town when necessary, shall pro- vide at the expense of such town one complete set of weights and measures and a scale beam as aforesaid, which shall be duly proved and sealed by the county sealer and shall be kept and used as the standards for such town, and said standards shall be tried and proved by the county standards once in every five years. Sec. 5. Each town in this State at its annual meeting shall choose a sealer of weights and measures in and for said town, who shall be sworn to the faithful discharge of his duty, who shall hold his office for one year, and until some other person is chosen and qualified in his stead. 214 WEIGHTS AND MEASURES. [tITLE XHI. Sec. 6. Such town sealer shall try and prove all scale beams, steelyards, weights and measures which shall be brought to him for that purpose, and shall seal all such as are agreeable to the town standards as aforesaid. He shall be paid for trying and proving, whether sealed or not, two cents for each scale beam, steelyard, weight and measure, except that after the first sealing he shall be paid one cent only for each, so long as they continue just with the standard. Sec. 7. Every basket or other measure by which charcoal shall be measured or sold, shall not be less in its average diameter than twenty inches and of a depth sufficient to contain eighteen gallons, level measure, which shall be accounted two bushels or one strike. Sec. 8. All measures by which meal, fruit and other things usu- ally sold by heaped measure, excepting charcoal, shall be sold, shall be of the following dimensions : the bushel not less than eighteen inches and a half in diameter inside, the half bushel not less than thirteen inches and three quarters in diameter inside, the peck not less than ten and three quarter inches in diameter inside, and the half peck not less than nine inches in diameter inside. Sec. 9. If any person shall sell or dispose of any goods, wares, merchandise, grain or other commodities by any scale beam, steel- yard, weights or measm-es not proved and sealed as aforesaid, or shall fraudulently sell or dispose of any commodities by any scale beam, steelyard, weights or measiu^es which have been sealed but are unjust, he shall forfeit for each offence not less than one dollar nor more than ten dollars, one half thereof to the use of the pro- secutor, the other half to the use of the town in which the offence is committed. Sec 10. If the selectmen of any town shall neglect to procure a set of weights and measures for such town, as is herein-before provided, they shall forfeit one hundred dollars. Sec 11. The county sealer of weights and measures may use such seal as he may select, and a description thereof in writing shall be first lodged in the office of the secretary of state. The town sealer shall use such seal as the town may agree on, a record of which shall be previously made in the town records. Sec 12. When any commodity shall be sold by the hundred weight, it shall be understood to mean the net weight of one hun- dred pounds, avoirdupois, and all contracts concerning goods sold by weight shall be construed accordingly. Sec 13. Every public or town weigher of goods or commodities shall weigh the same according to the provisions of the preceding section, and make his certificate accordingly. Sec 14. If any such Aveigher shall offend against the provisions of the preceding section, he shall forfeit a sum not exceeding five dollars, one half to the use of the town, the other half to the use of the prosecutor. CHAP. Ill ] FIRES AND FIREWARDS. 215 TITLE XIV. OF INTERNAL POLICE Chapter 111. Of the extinguishment of fires. Chapter 112. Of the safe keeping of gunpowder. Chapter 113. Of offences against the pohee of towns. Chapter 114. Of police officers. Chapter 11.5. Of watchmen. Chapter IIG. Of idle and disorderly persons. Chapter 117. Of licensed houses. Chapter 118. Of Sunday and religious meetings. Chapter 119. Of the removal of nuisances. Chapter 120. Of the small pox and pestilential diseases. Chapter 121. Of quarantine. Chapter 122. Of pilots and pilotage, and the harbor of Piscataqua. Chapter 123. Of sea weed. Chapter 124. Of hawkers and pedlers. Chapter 125. Of shows and exhibitions. Chapter 126. Of the record of births and deaths. Chapter 127. Of noxious animals and game. Chapter 128. Relating to sheep. CHAPTER 111. OF THE EXTINGUISHMENT OF FIRES. SECTIOtf 1. Firewards, chairman and clerk, pow- ers. 2. Firewards, duty in case of fire, badges. 3. " power over engines and per- sons. 4. Firewards to remove fires in streets. .5. Penalty fi3r disobeying orders of, or assuming office of firewards. 6. Concealing property at fire, larceny. 7. Firewards to make regulations respect- ing fires. 8. Penalty for breach of them. 9. Fire-engine and hosemen, their num- ber and appointment. 10. Term of office and exemptions. 11. Houses to have buckets and ladders. Section 12. Firewards to provide incase of neglect. 13. Tenant's remedy for expenses. 14. Buildings may be removed to stop fire. 15. Damages, how paid by selectmen. 16. Remedy for neglect to pay damages. 17. Dangerous buildings, notice to re- pair. 18. Notice, if owner resides out of town. 19. Repairs made by firewards, when. 20. Repairs made immediately, when. 21. Ruinous buildings, demolished. 22. Money to be advanced to firewards and accounted for. 23. Penalties, how recovered. 24. Towns may adopt these provisions. 216 FIRES AND FIREWARDS. [TITLE XIV. Section 1. The firewards of each town shall choose a chair- man and clerk, whose signature to any notice or other writing required to be given by the firevv^ards shall be valid and sufficient. Sec. 2. The firewards shall forthwith repair to the place where any fire may break out, with their badge of office which shall be a pole five feet long painted red ; and exert themselves and require assistance from all persons present to extinguish and prevent the spreading of such fire, and to remove all property endangered thereby ; and appoint guards to take care thereof; and suppress all tumults and disorders with- force if necessary. Sec 3. They shall have at all times the control of all fire- engines, fire-hooks, hose and other implements designed or used for the extinguishment of fire in such town ; and the control of all persons appointed to serve in any engine, axe or hose company, or other association whose duty shall be to aid in extinguishing or preventing the spreading of fire, in all things appertaining to their appointment ; and power to direct and control the labor of all per- sons present at any fire. Sec 4. Any fireward may and shall cause any fire deemed by him to be dangerous, in any street or on any Avharf, to be extin- guished or removed. Sec 5. If any person present at any fire shall refuse or neglect to obey the commands of the firewards or any of them, or shall unlawfully assume the office or badge of office of fircAvard, he shall be liable to a penalty of not less than five nor more than fifty dollars. Sec 6. If any person at any fire shall plunder, embezzle, con- vey away or conceal any goods or property, and shall not forthwith deliver the same or give information thereof to the owner if known, otherwise to one of the firewards or selectmen, he shall be deemed guilty of larceny. Sec 7. The firewards of any town may establish such regula- tions respecting the kindling, guarding and safe keeping of fires, for the prevention and extinguishment of fires, and for the removing of shavings and other combustibles from any building or place as they shall think expedient. Such regulations shall be signed by the major part of the firewards. recorded by the town clerk, and copies of such record attested by the town clerk, posted up in two or more public places in the town thirty days before they shall take eff'ect. Sec 8. Penalties, not exceeding twenty dollars for each offence, may be prescribed by the firewards for the breach of such regula- tions, and such regulations shall remain in force until altered or annulled by law or by the firewards of the town. Sec 9. The firewards shall appoint enginemen and hosemen not exceeding eighteen to each engine or hose company. If a greater number is necessary to any engine in the judgment of the selectmen, the firewards with the selectmen may appoint not ex- CHAP. 111.] FIRES AND FIREWARDS. 217 ceeding twenty-tAvo additional men. They shall be appointed by warrant signed by the chairman and clerk of the fire wards, and by the selectmen when they join in the appointment, and recorded by such clerk. Sec. 10. Such appohitments shall continue in force until they shall resign, remove from town or be discharged by the fire wards and such discharge recorded by their clerk, and they shall be ex- empted from serving on juries and from military duty, as provided in the law relating to the militia. Sec. 11. Every house or building with fireplaces or stoves shall have thereon a good secure ladder or ladders reaching from the ground to the ridge pole, and shall be provided with one leathern bucket of such size and form as the firewards may prescribe, for every two fireplaces or stoves in such house ; and if the owner shall not provide and keep in repair such buckets and ladders, he shall be liable to a penalty of six dollars for every three months' neglect. Sec 12. In case of such neglect the firewards may give notice to the owner or to the occupant, if the owner is unknown or does not reside in town, to provide such buckets and ladders, and if the same shall not be provided within thirty days after, they shall pro- vide the same at the expense of the town, and the town may recover the same of the owner or of the occupant, if the owner is unknown or does not reside in town, by an action of debt, to be brought by the firewards in the name of the town. Sec 13. Any tenant who shall be obliged by virtue of this act to pay any money which the lessor ought to have paid, may retain the same out of his rent or recover the same of the lessor by action. Sec 14. The major part of the firewards present at any fire, may cause any building or thing whatever to be pulled down, blown up or removed that they shall judge necessary to stop the progress of such fire, and any fireward may require assistance from any person present at such fire for that purpose. Sec 15. The selectmen on application shall appraise the damage done to any building or thing, by order of the firewards as afore- said, assess a tax for the payment thereof and make compensation therefor to the owner, unless it shall appear that the fire began in such building or that the same must have been burned, if it had not been destroyed or removed. Sec 16. Upon the refusal of the selectmen or their neglect for three months after such application, to appraise such damage and assess such tax, the party injured may petition the court of com- mon pleas for redress, and such court after due notice to the town shall ascertain such damages, and render judgment and issue exe- cution therefor and for costs against the town. Sec 17. The firewards shall give written notice to the owner of any building by them deemed to be dangerous by reason of decay, want of repairs, or otherwise, to repair or alter the same, 28 218 FIRES AND FIREWARDS. [XITLE XIV. which notice shall contain a particular account of the repairs or alterations required to be made. Sec. 18. If the owner do not reside in the town, such notice may be given to the occupant, if any, and if there is no occupant, such notice may be posted up in at least three public places in such town. Sec. 19. If such repairs or alterations are not made within thirty days after such notice given or posted up, the firewards may cause the same to be made at the expense of the town, and the town may recover the expense thereof of such owner or occupant in an action of debt, to be brought by the firewards in the name of the town. Sec 20. The firewards, when in their opinion the public safety may be greatly endangered unless such repairs or alterations are immediately made, may limit a shorter period than thirty days, and notice thereof being given as aforesaid, may upon neglect of the owner make such repairs or alterations at the expiration of the time so limited. Sec 21. If such building shall in the opinion of the firewards be so ruinous as to be not worth repairing, and such repairs are not made within sixty days after such notice, they may demolish the same at the expense of the town and file with their clerk a partic- ular account of such expense, and if the same is not paid within five days from such filing, they may sell at public auction the ma- terials of such building, and after deducting the said expense and the cost of the sale, shall pay the proceeds into the town treasmy, to be paid over to the owner of the building upon request. Sec 22. The selectmen shall advance to the firewards such sums as may be necessary to carry this act [chapter] into effect, and the firewards shall in March, before the annual town meeting, render to the selectmen an exact account of their receipts and ex- penditures, to be laid before the town, in which all penalties re- covered by virtue of this chapter shall be accounted for. Sec 23. All penalties incuiTed by any breach of the provisions of this chapter or of any regulation prescribed by the firewards, may be recovered by action of debt, to be brought by the fire- wards in the name of the town. Such penalties shall be applied to the purchase of engines or instruments proper to be used in case of fire, or paid into the treasury of the town. Sec 24. This chapter shall be in force only in such town as shall at a legal meeting adopt the same ; but any town may adopt a part thereof only, and may exempt from the operation of the eleventh section such persons as live remote from the compact part thereof. CHAP. 112.J KEEPING GUNPOWDER. 219 CHAPTER 11^. OF THE SAFE KEEPING OF GUNPOWDER. Section 1. Search may be made for gunpowder. 2. Penalty for keeping, or storing ille- gally. 3. Gunpowder, how kept for retail. 4. How transported in villages. rj. Carriage with gunpowder, not to stand in streets. Section 6. Gunpowder forfeited in such case. 7. Gunpowder not to be carried from town to town for retail. 8. Keeper of magazine, his duties. 8 Masters of vessels to deposit gunpow- der in magazine. 10. Penalties, how recovered and applied. Section 1. Any two police officers, firewards or selectmen may search any building in the compact part of any town, and any vessel lying in any port in this State, in which they have cause to suspect that gunpowder in a greater quantity than twenty-five pounds may be kept or stored ; and in case a greater quantity shall be found, the said police officers, firewards or selectmen shall seize the same as forfeited. Sec. 2. Any person who shall keep or knowingly suffer any quan- tity of gunpowder greater than twenty-five pounds, to be kept or stored in any such building or vessel, or aid or assist in keeping or storing the same, or shall know that the same is so stored or kept, and shall not forthwith inform one of the police officers, firewards or selectmen thereof, shall forfeit a sum not more than five dollars nor less than one dollar for every day the same shall be so stored or kept. Sec. 3. Gunpowder kept for retail in quantities less than twenty- five pounds, shall at all times be kept in a cannister of tin or other metal securely covered from fire, or if the same is kept in a cask, or wooden or combustible vessel, the said cask or vessel shall be enveloped in a close leathern bag ; and if any person shall keep any gunpowder for retail in any other manner than as aforesaid, he shall forfeit a sum not more than five dollars nor less than one dol- lar for every day the same shall be so kept. Sec 4. No gunpowder shall be transported through the compact part of any town or village in greater quantities than one hundred pounds, nor unless the casks containing the same be enveloped in close leathern bags, unless it shall be conveyed in a closely cover- ed carriage, and if any person shall transport any greater quantity of gunpowder, or in any other manner than is herein-before ex- pressed, he shall forfeit a sum not exceeding fifty dollars nor less than fifteen dollars. Sec 5. No carriage upon which there shall be a greater quantity than twenty-five pounds of gunpowder, shall be permitted to stand in any building or near any dwelling house, store or other building 220 POLICE OF TOWNS. [title XIV. ill the compact part of any town, and any person who shall stop, place or leave any such carriage as aforesaid, shall forfeit a sum not exceeding fifty dollars nor less than fifteen dollars. Sec. 6. In case any gunpowder shall be found upon any carriage contrary to the provisions of this chapter, any police officer, fire- ward or selectman may seize the same as forfeited. Sec. 7. If any person shall carry from town to town, or from place to place, any gunpowder for the purpose of peddling or sell- ing it by retail in quantities less than twenty-five pounds, or shall sell or offer to sell by retail any gunpowder in any highway or street, or on any wharf, parade or common, or if any person shall sell or deal out any gunpowder in the night time between sunset and sunrise, he shall forfeit for each offence a sum not more than five dollars nor less than one dollar. Sec. 8. When any magazine for gunpowder shall be provided by any town for public use, a keeper of such magazine shall be annually chosen, who shall receive into and deliver out of said magazine all gunpowder brought or deposited there, and account for the same, and he shall receive for his services at the rate of twenty cents for a hundred pounds for all quantities above ten pounds, and for less quantities one cent a pound. Sec 9. The master of any merchant ship or vessel bringing gunpowder into Portsmouth, in quantity greater than twenty-five pounds, shall deposit in the public magazine all gunpowder so brought by him within forty-eight hours, and if he shall neglect so to deposit the same, he shall forfeit the sum of one hundred and fifty dollars. Sec 10. All penalties and forfeitures incurred by any violation of this chapter, shall be sued for and recovered by action of debt, to be brought by the police officers, firewards or selectmen in the name of the town, and shall be expended in the purchase of such articles as are proper to be used in the extinguishment of fires. CHAPTER 113. OF OFFENCES AGAINST THE POLICE OF TOWNS. Section 1 . Offences and disorders in streets. 2. Obscene words, songs or figures. 3. Defacing buildings, injuring trees, &c 4. Gaming or juggling unlawful. .'>. Firing guns or making noises. G. Bathing in exposed places. 7. Leaving carriages, &c., in streets. Section 8. Injuring sidewalks or pavements. 9. Drunkards and prostitutes punished. 10. Furnishing spirits to paupers or idlers. 11. Purchasing property of paupers. 12. Resisting police officers, penalty. 13. Riding in streets at a gallop. 14. Carelessly driving carts, penalty. CHAP. 113.] POLICE OF TOWNS. 221 Section 15. Persons convicted, how punished. 16. Trials to be upon complaint. 17. Warrant or summons to be issued. 18. Proccedings.on neglect to appear. Section 19. Appeal, when allowed. 20. Parents, «Ssc., liable for minors. 21. Fines to whom paid. Section 1. No person shall make any brawls or tumults, or in any street, lane or alley, or other public place, be guilty of any rude, indecent or disorderly conduct ; or shall insult or wantonly impede any person passing therein ; or shall throw any stones, bricks, snow-balls or dirt, or play at ball or any game at which ball is used. Sec. 2. No person shall sing or repeat, or cause to be sung or repeated any lewd, obscene or profane song, or shall repeat any lewd, obscene or profane words ; or write or mark in any manner any ob- scene or profane word, or obscene or lascivious figure or represent- ation on any building, fence, wall, post or other thing whatever. Sec. 3. No person shall wantonly injure or deface any building, fence, wall, post, sign board or sign ; or shall wantonly cut or injure any tree standing in any street, highway or public place ; or shall rob any garden or field of fruit or vegetables ; or shall wanton- ly injure any trees, shrubs or bushes growing in any garden, field or yard ; or shall without lawful permission climb on or over any fence of any garden or yard. Sec. 4. No person shall use any juggling, or unlawful games or plays, or play at any game whatever for money or other property. Sec. 5. No person shall within the compact part of any town fire or discharge any cannon, gun, pistol or other firearms, or beat any drum, (except by the command of a military officer having author- ity therefor,) or fire or discharge any rockets, squibs, crackers or any preparation of gunpowder, (except by permission of a majority of the police officers or selectmen in writing,) or shall make any bonfire, or improperly use or expose any friction matches, or know- ingly raise or repeat any false cry of fire. Sec G. No person shall within the view of any dAvelling house or of any public road, street or wharf, in the day time, bathe or swim without necessity, or expose his person indecently in dressing or undressing for the purpose of swimming or bathing, or otherwise, without necessity. Sec 7. No person shall without necessity place or leave, or cause to be placed or left in any street, lane, alley or public place, for two hours by day or one hour by night, any sled, wheelbarrow, cart, dray, chaise or other carriage, or any box, crate, cask, tub or other vessel ; or place or throw, or cause to be placed or thrown into any such street, lane, alley or public place any wood, lumber, manure, dirt or other matter that may impede the free passage of the same, and suffer the same to remain there two hours. Sec 8. No person shall without necessity drive any wheel car- riage, sled or wheelbarrow, on or over the side pavements or walks of any street, lane or alley, or ride or lead any horse thereon. 222 POLICE OF TOWNS. [XITLE XIV. Sec. 9. If any person shall be found drunk in any street, alley or other public place, or shall be a common street walker or prosti- tute, such person shall be punished therefor. Sec. 10. No person shall sell, give or otherwise furnish to any pauper or person committed to any house of correction, any spirit- uous liquor whatever, except by permission of the keeper thereof; or to any spendthrift or idle person under guardianship, except by permission of his guardian. Sec. 11. No person shall purchase or receive in exchange or oth- erwise, from any pauper supported in any almshouse or poor house, without permission of the overseers of the poor, any property whatever, and any person so offending, shall be punished under the provisions of this chapter, and shall pay treble the value of such property to said overseers. Sec. 12. If any person shall rescue or attempt to rescue any prisoner in the custody of any police officer, or shall wilfully and knowingly resist any police officer in the execution of his office, he shall be deemed guilty of a violation of this chapter. Sec. 13. If any person shall ride through any street or lane in the compact part of any town on a gallop, or at any swifter pace than at the rate of five miles an hour, he shall be deemed guilty of a violation of this chapter. Sec 14. If any person having the charge of any cart, dray, sled or other carriage drawn by horses or oxen, shall suffer the same to pass through any street in the compact part of any town without keeping with and carefully attending the same, and keeping such horses or oxen mider his command, he shall be deemed guilty of a violation of this chapter. Sec. 15. Any person convicted of any offence in this chapter mentioned, shall be punished by fine not exceeding ten dollars nor less than one dollar, and shall pay costs of piosecution and stand committed until the same be paid, or by imprisonment for a term not less than five days nor more than thirty days in the common jail, or in the bridewell of such town, or by confinement to hard labor the like term in the house of correction, at the discretion of the justice or of the court before Avhom such conviction shall be had. Sec 16. No trial shall be had for any offence in this chapter mentioned, but upon complaint on oath. If the name of the offender is not known, it shall be sufficient to insert in such com- plaint and in the other proceedings any description by which he may be known. Sec. 17. If the person charged with any offence, shall not be in custody, the justice to whom the complaint shall be made, shall issue a Avarrant in due form of law for his arrest, or a summons requiring him to appear at a certain time and place, which shall be served by delivering to him an attested copy of such summons. Sec 18. If any person so summoned shall not appear as required CHAP. 114] POLICE OFFICERS. 223 by such summons, the justice may hear the evidence, and acquit or convict such person in the same manner as if he were present. Sec. 19. Any person convicted of any offence mentioned in this chapter, may appeal to the court of common pleas for the county within two hours after, upon giving bond with sufficient sureties to the town to prosecute said appeal with effect and to pay costs, if he shall not be discharged at said court. Sec. 20. If any person so convicted shall be a minor under the age of fourteen years, his parent, guardian or master shall be liable to pay the fine and costs imposed, provided he shall have received due notice of the time and place of trial of such minor for said offence ; and an action of debt may be maintained by the police officers in the name of the town therefor. Sec. 21. All fines and costs adjudged under this chapter, shall be paid to the justice who imposed the same, and such fines shall be paid by him to the town, and the costs to the several persons entitled thereto. CHAPTER 114. OF POLICE OFFICERS. Section 1. Police officers, how appointed. 2. " " when appointed. 3. " " term of office, authori ty and compensation. 4. Police officers may arrest on view. 5. " " may commit, when. Section 6. Keepers of prison to detain. 7. Police officers to make regulations 8. Regulations, how approved. 9. Selectmen may remit fines. 10. Provisions may be adopted by towns Section 1. Police officers not exceeding seven in number, shall be appointed by the selectmen of each town in which this chapter may be in force, by writing under their hands, and shall be quali- fied by taking the oath of office, and causing the said appointment and the certificate of such oath written thereon, to be recorded by the town clerk ; and may be removed at the pleasure of the select- men. Sec. 2. It shall be the duty of said selectmen to make the said appointments in the month of March ; but if a vacancy shall occur from any cause or if such appointment shall not have been made in March, the selectmen may appoint at any time afterwards. Sec 3. Police officers shall l^old their office until the last day of the next March, and shall be by virtue of said appointment con- stables and conservators of the peace, and shall receive such com- pensation as shall be voted by, the town, and the same fees as constables. 224 POLICE OFFICERS. [TITLE XIV. Sec. 4. Any police officer upon view of any offence committed against the provisions of this chapter, may arrest the offender and forthwith carry him before a justice of the peace to answer a com- plaint therefor, and the oath of such police officer shall be sufficient evidence of snch offence, unless invalidated by other evidence. Sec. 5. If any police officer shall arrest any such offender be- tween sunset and sunrise, or shall arrest any person for being found drunk contrary to the provisions of this chapter, he may commit such person to the common jail, or the bridewell or house of cor- rection, or otherwise retain him in safe custody not exceeding twenty-four hours, within which time he shall be discharged or taken before a justice of the peace to answer for the offence. ." Sec G. The keeper of such jail, bridewell or house of correction shall, upon the verbal request of any police officer, receive and de- tain in custody every person so arrested and presented by him, not exceeding twenty-four hours, unless sooner called for by the same or some other police officer. Sec. 7. The police officers of any town may make such regula- tions as they may deem expedient for the stands of hacks, di-ays aiid carts in any street, lane or alley ; and for the height and position of any awning, shade or fixture in front of or near any building ; and respecting any obstruction in any street, lane or alley, the smoking of any pipe or cigar therein, or in any stable or other outbuilding ; and every violation of such regulations may be proceeded against and punished, in the same manner as other of- fences mentioned in the preceding chapter. Sec 8. No regulation made by such police officers, shall take effect until the same shall be approved by the selectmen of the town, and recorded with such approbation by the town clerk, and published a reasonable time in one or more newspapers printed in the town, or in case there be no newspaper printed in such town, by posting up a certified copy thereof at two or more public places therein. Sec 9. The selectmen may remit fines imposed for violations of this chapter, and costs, and discharge offenders from imprison- ment, and the town shall be liable for the prison charges in case of the offender's inability. Sec 10. This chapter shall be in force in all towns which have at any legal meeting adopted its provisions, and in all towns in which any of the provisions of an act entitled " An act to establish a system of police in the town of Portsmouth, and for other pur- poses, passed June 23, 1823," are in force. CHAP. 116] IDLE AND DISORDERLY PERSONS. 225 CHAPTER 115. OF WATCHMEN. Section 1. Watchmen appointed by selectmen. 2. How appointed and their powers. Section 3. May arrest, when and for what. 4. Proceedings against persons arrested. Section 1. The selectmen of any town being anthorized by vote of the town, may appoint watchmen for performing a walking night watch, and fix their stations and limits, prescribe their duties, and contract for and pay them a reasonable compensation for their services. Sec. 2. They shall be appointed and qualified in the same man- ner, and shall have while on duty the same powers as police officers. Sec. 3. Every watchman may arrest any person whom he shall find committing any kind of disorder or disturbance, or any crime or any offence against the police of towns, or such as are strolling about the streets at unseasonable hours, who refuse to give an ac- count or may reasonably be suspected of giving a false account of their business or design, or who can give no account of the occa- sion of their being abroad. Sec. 4. Every person so arrested may be committed, detained and proceeded against in the manner provided by the chapter rela- ting to the police of towns, in the case of ofiences prohibited thereby. CHAPTER 116. OF THE PUNISHMENT OF IDLE AND DISORDERLY PERSONS. Section 1 . Houses of correction, how erected. 2. Offences described. 3. Offenders, how punished. Section 4. Appeal, when allowed. 5. Offenders may be arrested. Section 1. The court of common pleas for any county, or the inhabitants of any town at any legal meeting may provide such lands, buildings and articles of any kind as may be necessary for a house of correction for such town or county, and may appoint suitable officers for the management thereof, and make all necessa- ry by-laws and regulations for the government of the inmates, and cause the same to be enforced ; but in no case shall the punish- ment inflicted exceed hard labor and such reasonable correction as 29 226 IDLE AND DISORDERLY PERSONS. [TITLE XIV. a parent may lawfully inflict upon a refractory child, or solitary imprisonment not exceeding forty-eight hours at one time. Sec. 2. All rogues, vagabonds, lewd, idle or disorderly persons; any person going about begging ,• any person using any subtle craft, juggling, or unlawful game or play ; any person pretending to have knowledge in physiognomy or palmistry ; any person pre- tending for money to tell destinies or fortunes, or discover by any spell or secret art where lost or stolen goods may be found ; any common piper, fiddler, runaway, stubborn servant or child, com- mon drunkard, night walker, pilferer or person wanton and lascivi- ous in speech or behavior ; any common railer or braider ; and any person who neglects his employment, misspends his earnings and does not provide properly for the support of himself and fami- ly ; may be sent to the house of correction in the town or county in which such offence is committed, and for want of such house of correction, the common jail of the county may be used for that purpose. Sec. 3. In any such case complaint in writing, under oath, shall be made to some justice of the peace who may thereupon issue a warrant under his hand and seal, and cause the oflTender to be brought before him, and if upon examination the complaint shall be sustained, said justice may sentence the offender to confinement and hard labor in the house of correction in such town or county, for a term not exceeding six months. Sec 4. Any person convicted and sentenced as aforesaid, may appeal to the next court of common pleas for the county, by recog- nizing with sufficient surety or sureties before the justice in such reasonable sum as he may order, conditioned that the appellant shall enter and prosecute the appeal with effect, and abide the order of the court thereon, and in the mean time keep the peace and be of good behavior toward all the citizens of the State ; and a com- mission of the like offence by the appellant before a decision is had on such appeal, shall be deemed to be a breach of the condition of the recognizance. Sec. 5. If any person shall be found committing either of said ofljences in any public street or road in the night time, he may be apprehended by any magistrate, constable or watchman, or by any person by order of such officer, and kept in custody in some con- venient place not exceeding twenty-four hours, during which time he shall be carried before some justice of the peace, there to be prosecuted or discharged according to law. CHAP. 117.] LICENSED HOUSES, 227 CHAPTER 117. OF LICENSED HOUSES. Section 1. Taverners to be licensed. 2. " how furnished. 3. " not to suffer tippling. 4. " license may be revoked. Section 5. Retailers may be licensed. 6. Selling spirit, penalty for. 7. Recording license, fees for. 8. Justices may bind over. Section 1. The selectmen on application may license any suita- ble person of good moral character, to exercise the business of a taverner in such town. Such license shall designate the house where such tavern shall be kept, and being first recorded by the town clerk, shall be in force as to such house and no other for one year only ; but such license shall not authorize the sale of wine and spirituous liquors, unless expressly authorized therein. Sec. 2. Every licensed taverner shall at all times be furnished at the house designated in his license, with suitable provisions and accommodations for travellers, their cattle and horses, and if any person so licensed shall not be so furnished, he shall forfeit the sum of five dollars, to be recovered by any person suing for the same. Sec. 3. If any licensed taverner shall permit any riotous, disor- derly or irregular conduct in or about his house or buildings, or permit any person upon the Lord's day to remain drinking intoxi- cating liquor therein, or at any other time permit any person to remain therein drinking to excess, or permit any person to play at cards, dice or billiards, or at any bowling alley, or any game in or about his house, yards or buildings, he shall be punished by fine not exceeding twenty dollars. Sec. 4. If any licensed taverner shall be destitute of any of the provisions or accommodations aforesaid, or shall permit in or about his house any conduct forbidden by this chapter, the selectmen on complaint shall notify the parties interested, hear and examine all evidence in relation to the same, and if they shall see cause, shall forthwith revoke such taverner's licence ; and the said revocation being recorded by the town clerk and notice thereof given to said taverner, such license shall be void. Sec. 5. The selectmen on application may license any retailer to sell wine and spirituous liquors in any quantity not less than one pint, to be sold, delivered and carried away. Such license shall designate the place of sale, and shall be recorded and in force in the same manner and for the same time as a taverner's license. Sec. 6. If any person not being a licensed taverner or retailer, shall sell any spirituous liquor or wine, mixed, or otherwise, in any quantity, or if any retailer shall sell any spirituous liquors or wine to be drank in his store or buildings, he shall on conviction be 228 SUNDAY AND RELIGIOUS MEETINGS. [XITLE XIV. punished by fine not exceeding fifty dollars nor less than twenty dollars. Sec. 7. The town clerk shall be entitled to a fee of twenty cents for recording each taverner's or retailer's license. Sec. 8. Every justice of the peace upon complaint of any vio- lation of the sixth section of this chapter, shall issue his warrant for the arrest of the person complained against, and if upon exam- ination he shall be of opinion that he is guilty, he shall order such offender to recognize in a sum not less than fifty dollars nor more than a hundred dollars, to appear at the next court of common pleas for such county, and abide the order of said court and stand com- mitted till such order is complied with. CHAPTER 118, OF SUNDAY AND RELIGIOUS MEETINGS. Section 1 . Labor and recreation on Sunday for- bidden. 2. Rudeness in religious meetings for- bidden. 3. Penalty for such offences. 4. Selectmen and police officers, duty. 5. Liability of parents, masters, guardi- Section 6. Disturbers of meetmgs removed. 7. Such offenders, how punished. 8. Offender required to recognize. 9. Sale of liquors near meeting forbidden. 10. Penalty for such offence. 11. Shows, racing, «fcc., forbidden. 12. Offender, how arrested, proceedings. 13. Limitation of prosecutions. Section 1. No person shall do any work, business or labor of his secular calling to the disturbance of others, works of necessity and mercy excepted, on the first day of the week commonly called the Lord's day ; nor shall any person use any play, game or recrea- tion on that day or any part thereof. Sec. 2. No person shall on the Lord's day, Avithin the walls of any house of public worship or near the same, behave rudely or indecently, either in the time of public service or between the fore- noon and afternoon services. Sec 3. Any person offending against any provision of the fore- going sections of this chapter, shall forfeit a sum not exceeding six dollars nor less than one dollar, which shall be recovered by any selectman or police officer for the use of the town. Sec 4. Any selectman or police officer shall have power to remove any person behaving rudely or indecently in any meeting for public worship, from the place of such meeting, and him detain until the close of such meeting, and the same right to command assistance as sheriff's have, and may prosecute for all violations of the preceding sections of this chapter. CHAP. 118.] SUxNDAY AND RELIGIOUS MEETINGS. 229 Sec. 5. Parents, guardians and masters shall be respectively lia- ble for all forfeitm'es incm-red by the children, wards or servants under their care. Sec. 6. If any person shall disturb any religious meeting by speaking in the same, so as to interrupt or prevent the stated and orderly proceedings and exercises of such meeting, or shall make such disturbance while the people are assembling at or leaving their place of worship, and shall not desist therefrom when request- ed, he may be removed from such meeting or place of worship by any individual. Sec. 7. Any person so offending shall be fined not less than one dollar nor more than ten dollars, and may be required to recognize Avith sureties in a sum not less than fifty dollars nor more than one hundred dollars, to appear at the court of common pleas next to be holden in said county, and to abide the order of said court, and in the mean time to be of good behavior. Sec. 8. If such recognizance is forfeited, said court may re- quire such offender to recognize with sufficient sureties in a sum not exceeding two hundred dollars, to appear at the next term of said court and to abide the order thereof, and in the mean time to be of good behavior, and so from term to term as may be ordered by said court, so long as such forfeiture shall be incurred. Sec. 9. No person shall keep any shop, tent, booth, wagon or carriage for the sale of, or shall sell, give, or expose to sale, any spirituous or intoxicating liquors, goods or merchandise of any kind within two miles of any public assembly convened for the purpose of religious worship ; but this shall not be construed to prevent any person from selling merchandise at the shop or store where he usually transacts business ; nor from selling any liquors in any place where he shall have received a license therefor before the appointment of such religious meeting ; nor to prevent any pedler from selling his goods to any person at the usual place of business or residence of such person. Sec. 10. If any person shall be guilty of a breach of the pre- ceding section, upon conviction thereof before any justice of the peace he shall be fined not exceeding ten dollars, or committed to the house of correction not exceeding thirty days, or may be sen- tenced to both said punishments. Sec. 11. If any person shall be guilty of noisy, rude or indecent behavior, of exhibiting shows or plays, or promoting or engaging in horse racing or gambling at or near any such religious meeting, so as to interrupt or disturb the same, upon conviction thereof be- fore any justice of the peace, he shall be fined not exceeding ten dollars ; or if the offence be of an aggravated nature, he may be held to recognize with sufficient sureties to appear at the court of common pleas next to be holden in the same county ; and upon conviction before such court he shall be fined not exceeding fifty dollars, or imprisoned in the county jail not exceeding ninety days. 230 REMOVAL OF NUISANCES. [title XIV. Sec. 12. Any person upon view of any offence described in this chapter, may apprehend snch offender and bring him before some justice of the peace who, upon complaint under oath, shall issue his ^''arrant, cause such offender to be arrested and proceed to a hearing of such complaint. Sec. 13. No prosecution for any violation of the provisions of this chapter shall be sustained, unless commenced Avithin thii-ty days after the commission of such offence. CHAPTER 119. OF THE REMOVAL OF NUISANCES. Section 1. Health officers may make regulations. 2. " " to complain of nui- sances. 3. " " to remove nuisances af- ter notice. 4. " " to employ assistants. 5. " " may remove nuisances without notice, when. Section 6. Owner or occupant to pay expense. 7. Penalty for leaving offensive matters. 8. Slaughter houses, &c., regulated. 9. Privies and styes for swine regulat- ed. 10. Nuisances in streets to be removed. 11. Health officers' compensation. Section 1. The health officers may make regulations for the prevention and removal of nuisances, and such other regulations relating to the public health, as in their judgment the health and safety of the people may require, which shall take effect when they shall be approved by the selectmen, recorded Avith such approbation by the town clerk, and published in some newspaper printed in the town, or copies thereof posted in two or more public places in the town. And any person wilfully violating such regulations, shall incur a penalty of ten dollars, to be recovered by the health offi- cers in the name of the town. Sec 2. Health officers and each of them shall inquire into all nuisances and other causes of danger to the public health, and whenever they shall know or have cause to suspect that any nui- sance or other thing injurious to the public health, is in any build- ing, vessel or enclosure, they shall make complaint under oath to some justice of the peace, who shall issue a warrant directed to them to search such building, vessel or enclosure, and they may by virtue thereof in the day time forcibly enter therein and make such search. Sec, 3. The health officers may give written notice to the owner or occupier of any building, vessel or enclosure, to remove or destroy any nuisance or other thing deemed by them on examina- CHAP. 119.] REMOVAL OF NUISANCES. v 231 tioii to be injurious to the public health, within a certain time lim- ited therein ; and in case such owner or occupier, the said notice having been given to him or left at his usual place of abode, shall neglect to comply therewith, the said health officers may forcibly enter such building, vessel or enclosure, and cause the said nuisance or other thing aforesaid to be removed or destroyed. Sec. 4. They may employ such assistants and laborers as may be necessary, and if resisted, shall have the same powers as sherifis have by law to command assistance ; and any person wilfully resisting them, or their assistants or laborers in making such search or removing any such nuisance or other thing aforesaid, shall on conviction be punished by imprisonment not exceeding twelve months, or by fine not exceeding five hundred dollars. Sec. 5. When the owner of any building, vessel or enclosure shall be imknown to the health officers, or shall not reside in town and the same shall be unoccupied, or the occupant is in their opin- ion imable to remove the same, they may without any previous notice immediately cause any nuisance or other thing, by them deemed injurious to the public health, found therein, to be remov- ed or destroyed. Sec. 6. The owner or occupier of any building, vessel or enclosure shall be liable to pay the expense of the removal or de- struction of any such nuisance or other thing as aforesaid, includ- ing the fees of the health officers who order or cause the same to be removed ; and the same may be recovered by action, to be brought by the health officers in the name of the town. Sec 7. If any person shall place or leave, or cause to be placed or left in or near any highway, street, alley or public place, or wharf, or in any water where the current will not remove the same, any substance liable to become putrid, or offensive or injurious to the public health, he shall incur a penalty of not more than ten dollars nor less than one dollar, to be recovered by the health offi- cers in the name of the town. Sec. 8. If any person shall use or occupy any building in the compact part of any town, for a slaughter house, for trying tallow or for currying leather, or for the deposit of green pelts or skins, without permission in writing of the health officers, he shall incur a penalty of ten dollars for each month in which the said building shall be so occupied. Sec 9. If any person shall erect or continue any house of ease- ment or privy within forty feet of any street, or of the dwelling, shop or well of any other person, unless the same is vaulted six feet deep and sufliciently secured and enclosed, or shall erect or keep any pen or stye for swine so near the dwelling house of an- other, as in the judgment of the selectmen shall be a nuisance, he shall incur a penalty of ten dollars, and a like penalty for each month lie shall continue the same after due notice of such judg- ment. 2^32 SMALL POX. [title XIV. Sec. 10. Tlie health officers shall cause to be removed all nui- sances or other things deemed by them injurious to the public health, found in any highway, street, alley, public place or wharf, or in any water where the current will not remove the same. Sec. 11. The health officers shall be paid a reasonable compen- sation from the town, and all expenses incurred by them in the execution of their duty, shall be paid by the town, and the select- men are required to advance to them such sums as may be necessa- ry, of which, and of all their receipts and disbursements the health officers shall annually, before the annual town meeting, render an account to the selectmen, to be laid before the town. CHAPTER 190. OF THE SMALL POX AND PESTILENTIAL DISEASES. Section 1. Agent for vaccination appointed. 2. Health officers may remove sick. 3. Inoculation for small pox prohibited. Section 4. Pest houses may be licensed, when. 5. Persons in pest houses not to leave. 6. Selectmen may permit inoculation. Section 1. Any town may appoint an agent for vaccination, who shall at all times be provided with suitable matter for com- municating the kine pox, and may vaccinate all persons at the ex- pense of the town who have not had the small pox or the kine pox, and shall receive a suitable compensation therefor, to be paid by the selectmen. Such agent may be appointed by the selectmen of the town whenever in their opinion the health of the inhabitants of said town, by reason of the spreading of the small pox, shall require. Sec. 2. The health officers may remove any person infected with the small pox, the malignant cholera or other malignant pesti- lential disease, to some suitable house, to be by them provided for that purpose, provided the same can be done without endangering the life of such person ; and make such regulations respecting such house, and for preventing unnecessary communication with such persons or their attendants, as they may think proper ; and if any person shall wilfully violate the same, he shall forfeit the sum of fifty dollars, to be recovered by such health officers in the name of the town. Sec. 3. If any person shall, with intent to commimicate the small pox, bring into this State or use any infectious matter, or shall inoculate himself or any other person with the small pox, or be inoculated therefor, he shall incur a penalty of one hundred and fifty dollars, to be recovered by any person who will sue for CHAP. 121.] QUARANTINE. 233 the same, one half to his own use and the other half for the use of the town in which the offence is committed. Sec. 4. The court of common pleas on application may license any physician to establish a house for inoculating persons for the small pox, in any town which shall consent thereto, under such regulations as they may prescribe, and such physician shall give bond to the county treasurer in the sum of three thousand dollars, conditioned that he will use every means and precaution in his power to prevent the spreading of the disease, and that he will not inoculate any person, nor willingly suffer any person to be inocu- lated or to have said disease in any other place than said house, and will not suffer any person to depart from such house until he is effectually cleansed, and will give to such person a certificate thereof under his hand. Sec. 5. If any person having had the small pox in any licensed house or being employed therein, shall leave the same without such certificate or be found without the same within one month after- wards, he shall incur a penalty of fifty dollars, to be recovered by the health officers in the name of the town. Sec 6. If any person shall break out with small jjox in the natu- ral way, and the health officers shall judge that he may remain without endangering others than his own family, they may give license to any persons who have been exposed to the danger of taking the disease, to be inoculated and to remain in the same house ; and the provisions of this chapter and all regulations of the health officers in relation to other licensed pest houses shall apply to such house and its inmates. CHAPTER 121. OF QUARANTINE. Section 1. Quarantine regulations, liow made. 2. Vessels to perform quarantine. 3. Goods landed illegally may be seized. 4. Penalty for refusing to obey regula- tions. 5. Sick may be landed, when and how. 6. Penalty for landing without permission. 7. Persons going on board detained. Section 8. Signal of quarantine. 9. Penalty for bringing vessel to wharf. 10. Health officers may remove vessel. 11. Persons on board to give notice. 12. Pilots to give notice of regulations. 13. Vessels may be brought to at fort. 14. Penalties, how recovered. Section 1. The health officers may from time to time make regulations respecting quarantine, prescribing in what cases it shall be performed by vessels arriving from any ports or places therein named, and the same modify or change as, in their opinion, the 30 234 QUARANTINE. [tITLE XIV. safety of the people may require or admit, which shall be approved, recorded and published as other regulations made by them. Sec. 2. The health othcers shall require all such vessels having on board any person infected with small pox, plague, pestilential or malignant fever, or other malignant infectious or contagious dis- ease, or who shall have been so infected during the voyage, or having on board any goods reasonably supposed to have any infec- tion of such disease, to perform quarantine at such place as they shall appoint ; and shall order the master of such vessel to proceed with and anchor her at such place, there to be purified and cleansed as they may direct. A suitable place on shore may be prescribed and properly limited for the pm'ification of the cargo of such vessel. Sec. 3. The health officers may seize any goods landed from such vessel without their permission, and remove and keep the same until they shall have caused the same to be thoroughly cleansed. The expenses of such purification of the vessel and her cargo shall be paid by the master, oAvner or consignee of the vessel, and they shall be severally answerable therefor. Sec. 4. Any owner, master, supercargo, officer, seaman, con- signee or other person who shall refuse to obey the orders and regulations of the health officers in regard to such quarantine, or the purification and cleansing of such vessel and cargo, shall be punished by fine not exceeding five hundred dollars, or by im- prisonment not exceeding three months, or both. Sec 5. Any person sick on board such vessel, may be sent on shore by said health officers at some place by them appointed and limited for that purpose, and shall be there maintained, provided for and cleansed at his own expense, or that of his parents or mas- ter, if able, otherwise at the expense of the town ; and such town may recover the same against the town or county by law charge- able with their support, as in cases of relief afforded by overseers of the poor. Sec. 6. If any person shall come on shore from any vessel in- fected or justly suspected to be so, or subject to or ordered for quar- antine, or performing it, or shall leave the place appointed for the sick or for purification, being employed or placed there by the health officers, without their permission, he shall be punished by a fine of one hundred dollars, or by imprisonment for three months. Sec. 7. If any person shall, without permission of the health of- ficers, go on board any vessel ordered for or performing quarantine, or go within the limits appointed by them for the reception of infected persons and property on shore, he shall be considered as infected, and held to undergo purification in the same manner, and under the same regulations and penalties as those Avho are perform- ing quarantine ; and shall there remain at his own expense vmtil discharged by the health officers, and may be forcibly detained by the persons there employed by the health officers, until so dis- charged. CHAP. 121.] QUARANTINE. 235 Sec. 8. A red flag at least six feet iii length shall be hoisted from sunrise to sunset, at the head of the mainmast of any vessel ordered for quarantine, until such vessel shall be entirely cleansed, and on a flag staft' at the place appointed for the reception of the sick and for the purification of infected goods, so long as they shall remain there. Sec. 9. If any owner, master, supercargo, officer, seaman or consignee of any vessel, or any other person knowing such vessel to be subject to quarantine, shall bring the same or suffer the same to be brought to or near any wharf, or near any dwelling house or store, or shall make any false declaration as to the port or place from which he came, or shall cause, or aid or permit the landing of any person or property of any kind from such vessel without permission of the health officers, he shall be punished by fine not exceeding five hundred dollars, or by imprisoimient not exceeding three months, or both. Sec. 10. If any such vessel shall not be removed to the place of quarantine agreeably to the directions of the health officers, or shall be brought near to any wharf, dwelling house or store without their permission, the health officers shall cause such vessel to be forthwith removed to such place, there to remain at the risk of the owners till the expiration of the time limited by the health officers, and the expense of such removal shall be paid by the master, own- er or consignee who shall be severally liable therefor, to be recov- ered by the health officers in the name of the town, with double costs. Sec. 11, The master and officers of every vessel arriving at any port in this State, having on board any person infected with the plague, small pox, or any malignant infectious or pestilential dis- ease, or who has been so infected during the voyage, or having on ■ board any goods which may be reasonably supposed to have any infection of such disease, shall forthwith give notice thereof to the health officers or selectmen ; and if any such master or officer shall neglect to give such information, he shall be punished by fine not exceeding five hundred dollars, or by imprisonment not exceeding three months, or both. Sec. 12. The health officers shall give notice to the pilots of the port of all regulations by them made respecting quarantine, and such pilots shall make known such regulations to the masters of all vessels they shall board, or to whom they shall have opportuni- ty to communicate the same. If any pilot shall pilot any vessel subject to quarantine to or near any wharf, he shall forfeit his branch, and may be fined not exceeding one hundred dollars. Sec. 13. The health officers shall communicate any regulations or orders by them made respecting quarantine, to the commander of any fort near such port, and desire his co-operation in stopping all vessels subject to quarantine attempting to pass into the harbor. If any such vessel shall attempt to pass after being hailed tmd for- 236 PILOTS. [title XIV. bidden, a shot may be fired ahead of such vessel, and if she shall persist, then a shot astern thereof, and if she shall still persist, then such vessel shall be fired upon and into until she shall bring to and submit to such regulations and orders ; and such commander shall receive five dollars for each shot so made, to be paid by the master before he shall leave the quarantine ground. Sec. 14. All forfeitures for the violation of any regulation pre- scribed by the health officers, and all expenses incurred by them in pursuance of this chapter, may be recovered of the several per- sons liable thereto by action of debt, to be brought by such health officers in the name of the town, with costs. CHAPTER 323. OF PILOTS AND PILOTAGE, AND THE HARBOR OF PISCATAQUA. Section 1 . Pilots, how appointed. 2. Governor and council may remove. 3. Pilots to be sworn, give bonds and keep boats. 4. Pilots to take charge of what vessels. 5. " their cruising ground limited. 6. Pilots' fees, how established. Section 7. Masters may pilot their own vessels. 8. Vessels lost, pilots liable for. 9. Rubbish not to be thrown into the harbor. 10. Harbor master, appointment and du- ties. Section 1. One or more pilots shall be appointed by the gov- ernor and council for the harbor of Piscataqua, who shall receive a branch or warrant with power to appoint deputies in certain cases, to be therein prescribed, and the deputies appointed by any pilot shall be reported to the governor for his approbation. Sec. 2. The governor and council shall hear and determine all complaints against any pilot or his deputies for malconduct, and may remove or suspend them, and appoint others in their stead. Sec. 3. Every pilot and deputy shall take the oath of office pre- scribed by law, and shall give bond with sufficient sureties to the treasurer of the State for the faithful discharge of the duties of his office, in the sum of four thousand dollars, and shall always keep a suitable boat in good repair. Sec 4. Any pilot may take charge of any vessel drawing nine feet of water or upwards, (except coasting and fishing vessels, of the United States of one hundred and twenty tons,) bound into or out of the port aforesaid, and shall pilot such vessels into or out of said port, first showing to the master thereof his branch or warrant, if requested. Sec. 5. The cruising ground of said pilots and their deputies is CHAP. 123.1 SEA WEED. 237 limited, as follows : beginning at the Ragged Neck in Rye, to the southwest of the harbor aforesaid ; thence easterly to the middle ground between the Isles of Shoals and the harbor's mouth, and as far as the most eastern of the Sisters so called. Sec. C. The governor and council shall determine and fix the fees of pilotage, as the circumstances of peace or war may require, and specify the same in the branch or warrant of each pilot or de- puty, and also transmit the same to the naval officer of the port, to be posted in his office for public inspection. Sec. 7. Any master or owner may pilot his own vessel ; but if any pilot or his deputy shall go on board any vessel bound into said harbor, at sea beyond the light house, he shall be entitled to one half the fees specified in his warrant, in case the master or owner declines to employ him, and on refusal of payment may sue for and recover the same. Sec. 8. If any vessel while under the charge and direction of any pilot or deputy, shall be lost, cast away or run aground through his unskilfulness or neglect, he shall be liable to pay the value of such vessel and her cargo, or the damage sustained by them, to be sued for and recovered by the owner or insurer. Sec 9. If any person shall unlade, cast or throw out of any ship, vessel or boat, or from the shore or any wharf any ballast, rubbish, gravel, earth, stones, dirt, ashes or filth into the harbor or river of Piscataqua, between the light house at the entrance of said harbor and the Boiling Rock so called, up said river, or aid or assist therein, he shall forfeit a sum not less than five dollars nor more than ten dollars, for the use of any person who will sue for the same. Sec. 10. The town of Portsmouth shall annually choose a harbor master, whose duty shall be to oversee said harbor and river, and see that this chapter is enforced, and to prosecute any breaches thereof. CHAPTER 133. SEA WEED. Section 1. Sea weed not to be carried from salt- marshes. 2. Sea weed not to be collected by night. Section 3. Sea weed not to be piled below high- water mark. Section 1. If any person shall collect or carry away from any saltmarsh or flats, in any town in this State, any flats weed or any sea weed thrown thereon by the sea or tide, without leave of the owner of such marsh or flat, he shall on conviction thereof before 238 HAWKERS AND PEDLERS. [title XIV. any justice, on complaint, be punished by fine not exceeding ten dollars for each offence. Sec. 2. If any person shall collect and carry away or pile up for the purpose of carrying away, any sea weed or rock weed from the sea shore below highwater mark, in any town in this State, or shall assist therein between daylight in the evening and daylight in the morning, he shall be punished by fine not less than twenty- five dollars nor more than fifty dollars, one half for the use of the town in which the offence is committed, the other half for the use of the prosecutor. Sec. 3. If any person shall pile up for the purpose of hauling away any sea weed or rock weed below highwater mark, in any town in this State, he shall be punished by fine not less than six dollars nor more than thirteen dollars, for the uses aforesaid. CHAPTER 1S4. OF HAWKERS AND PEDLERS. Section 1. No person to peddle without license. 2. Produce of United States excepted. 3. Court of common pleas may license. Section 4. Amount to be paid for license. 5. Refusal to show license, penalty. 6. Justice may bind over, when. Section 1. Every hawker, pedler, or other person going from place to place, either on foot, or with a horse or otherwise, carrying to sell or exposing for sale any goods, wares or merchandise with- out license, shall be punished by fine not less than ten dollars nor more than fifty dollars. Sec 2. The preceding provision shall not apply to any person going about selling or exposing to sale any articles, the growth, produce or manufacture of the United States, except feathers, dis- tilled spirits, playing cards, lottery tickets and jewelry. Sec. 3. The court of common pleas may grant such license for one year only, upon application and satisfactory evidence in writing and on oath that the petitioner sustains a good moral character. Such license shall be recorded and a copy of the record delivered to the person applying. Sec 4. Such license shall be of no avail until the person apply- ing shall pay to the county treasurer twelve dollars, and the said treasurer shall sign a receipt for the same on tlie back of said license. Sec 5. If any such hawker, pedler or other person as aforesaid, shall refuse to show his license when requested by any person to whom he shall offer to sell any of his goods, wares or merchandise, CHAP. 12G.] SH0AV3 BIRTHS AND DEATHS. 239 lie shall be punished in the same manner as for exposing the same to sale without license. Sec. 6. Every justice on complaint of any violation of this chapter, may by warrant cause the offender to be arrested, and order him to recognize with sufficient sureties for his appearance at the next court of common pleas to answer for said offence. CHAPTER fi»35. OF SHOWS AND EXHIBITIONS. Section 1. No shows exhibited without license. 2. Form of license and tax. Section 3. Penalty for offences. 4. Justices may bind over. Section 1. No showman, tumbler, rope dancer, ventriloquist or other person shall for pay exhibit any feats of agility, or of horse- manship, or slight of hand, rope dancing, or feats with cards, or any animals, wax figures, puppets or other show without a license from the selectmen of the town. Sec. 2. Every such license shall be in writing and shall specify the days such person is allowed to perform or exhibit, and every such person shall pay for such license, for the use of the town, a sum not less than thirty dollars nor more than fifty dollars, for each day such person shall perform or exhibit. Sec 3. If any person shall violate the provisions of this chap- ter, he shall for every such offence be punished by a fine of one hundred dollars, one half for the use of the town, the other half for the use of the complainant. Sec 4. Any justice on complaint of any violation of said pro- visions, may by warrant cause the offender to be arrested, and order him to recognize with sufficient sureties for his appearance at the next court of common pleas to answer for said offence. CHAPTER 126. OF RECORDING BIRTHS AND DEATHS. Section 1. Births and deaths to be recorded. 2. Notice, by whom given. Section 3. Penalty for neglect. Section 1. The clerk of every town shall record every birth and death in such town which shall come to his knowledge, stating the 240 NOXIOUS ANIMALS AND GAME. [tITLE XIV. time when such event took place, and the names of the parents, if known, and shall receive therefor three cents, to be paid by such town. Sec. 2. Every parent, person next of kin, householder and keep- er of any almshouse, poor farm or prison, shall give notice to such clerk of every birth or death which shall take place in their re- spective families or houses in such town. Sec. 3. If any such person whose duty it is to make such re- turn, shall neglect so to do for the space of one year, he shall for- feit one dollar for each offence, to be recovered by action of debt in the name and to the use of such town, and the selectmen shall prosecute the same. CHAPTER 137. OF THE DESTRUCTION OF NOXIOUS ANIMALS AND THE PRESER- VATION OF GAME. Section 1. Bounty for destruction of wolves. 2. " for destruction of bears. 3. " for destruction of wildcats. 4. Bounties refunded from state treasury 5. Dogs without collars may be killed. Section 6. Towns may make by-laws respecting dogs. 7. Fur-bearing animals, penalty for de- stroying. Section 1. If any person shall kill any wolf or wolfs whelp within this State, and shall produce the head thereof to the select- men of the town within which it was killed ; or if there be no se- lectmen in such town, then to the selectmen of the nearest town having such officers ; and shall prove to the satisfaction of such selectmen that such wolf or wolf's whelp was killed by himself or by some person whose agent he is ; the selectmen shall cut oiT the ears from the head so produced, and shall otherwise so disfi- gure the same that it shall never again be offered for a bounty, and shall pay to such person or his order twenty dollars for every wolf and ten dollars for every wolfs whelp killed as aforesaid. Sec 2. If any person shall kill any bear within this State and shall proceed with the same as is directed in the first section of this ch&.pter, he shall receive therefor the sum of two dollars. Sec 3. If any person shall kill any wildcat known by the name of Siberian lynx, within this State, and shall proceed with the same in the manner directed in the first section of this chapter, he shall receive therefor the sum of one dollar. Sec 4. The selectmen of every such town shall keep a true ac- count of the moneys so paid, and the number of each species of animal for which bounties have been paid, and upon the presenta- CHAP. 128.] SHEEP. 241 tjon of such account certified by a majority of such selectmen to be just and true, to the treasurer of the State in the month of June, the same shall be paid from the state treasury, either to the representative of such town, or to the selectmen thereof or their written order. Sec. 5. No person sliall be liable by law for killing any dog which shall be found not having around his neck a collar of brass, tin or leather, with the name of the owner or owners carved or engraved thereon. Sec. 6. Any town may make by-laws for licensing, regulating or restraining dogs as they shall deem expedient, and may affix penalties for the violation thereof not exceeding five dollars, and the sum to be paid for any license not exceeding two dollars. Sec 7. If any person shall, at any time between the thirtieth day of May and the first day of November, in any year, by shoot- ing, trapping or otherwise, kill or destroy any beaver, mink, otter or muskrat, he shall forfeit for every mink or muskrat so killed one dollar, and for every beaver or otter so killed five dollars, to be recovered by action of debt in the name and to the use of any person who will sue therefor. CHAPTER 198. RELATING TO SHEEP. Section Section 1. Marks of sheep to be recorded. 3. Penalty for rams going at large. 2. Penalty for altering or defacing marks. Section 1. Any person may mark in the ear or brand his sheep as he may think proper, and cause a description of such mark or brand to be recorded by the town clerk of the town in which he resides, or in which his sheep may be kept, and the town clerk shall be entitled to receive six cents for recording the same. Sec, 2. If any other person shall wilfully alter, cut out or deface the mark or brand of any such sheep, or if any person under pre- tence of marking the same shall cut off the ear or ears of any sheep, he shall forfeit five dollars for every such offence, to the use of any person who will sue for the same. Sec 3. If any person shall wilfully or negligently suffer any ram belonging to him or in his care, to go at large out of his en- closure between the first day of August and the first day of Decem- ber, in any year, he shall forfeit for every such offence the sum of five dollars, for the use of any person who will sue for the same or who shall impound such animal. 31 242 ESTATES IN REAL PROPERTY. [tITLE XV. TITL.E XT. OF THE TITLE TO, ALIENATION OF AND LIENS UPON REAL AND PERSONAL ESTATE. Chapter 129. Of estates in real property. Chapter 130. Of the conveyance of real estate. Chapter 131. Of mortgages of real estate. Chapter 132. Of mortgages of personal property. Chapter 133. Of the liens of mechanics and others. Chapter 134. Of assignments for the benefit of creditors. CHAPTER 129. OF ESTATES IN REAL PROPERTY. Section 1. Estate in tail, how conveyed in fee. 2. " in joint tenancy, not created unless expressly. 3. Joint heirs to be tenants in common. Section 4. Aliens resident may hold real estate. 5. Escheats to state discharged. 6. Conveyance of a greater estate than grantor possesses, conveys all his interest. Section 1. Any person seized of any lands in fee tail may con- vey the same by deed in common form, in the same manner as estates in fee simple, and such conveyance shall bar the estate tail, and all remainders and reversions expectant thereon. Sec 2. Every conveyance or devise of real estate made to two or more persons, shall be construed to create an estate in common, and not in joint tenancy, unless it shall be expressed therein that such estate is to be holdcn by the grantees or devisees as joint ten- ants, or to them and the survivor of them, or other words are used clearly expressing intention to create a joint tenancy. Sec. 3. Joint heirs shall be deemed tenants in common. Sec. 4. Any alien resident in this State may take, jourchase, hold, convey or devise any real estate, and the same may descend, in the same manner as if he was a native citizen. Sec. 5. Any right or claim of the State to the estate of any such alien, by escheat or otherwise, is hereby discharged. Sec. 6. A conveyance made by any person having a limited in- terest in any estate, purporting to convey a greater interest than he CHAP. 130.] CONVEYANCE OF REAL ESTATE. 243 possessed or could lawfully convey, shall not work a forfeiture thereof, but shall pass to the grantee all the estate which he could laAvfully convey. CHAPTER 130. OF THE CONVEYANCE OF REAL ESTATE. Section 1. Conveyances of land, how made. 2. Corporations may convey by agent. 3. Deed must be signed, sealed, witness- ed, acknowledged and recorded. 4. Deed not valid, except against grant- or, unless acknowledged and re- corded. 5. Deed may be recorded in an other county. 6. Powers of attorney, how executed. 7. Deed not acknowledged valid for 60 days. Section 8. Deed not acknowledged, how proved if grantor insane, dead or absent. 9. Deed not acknowledged, how proved if witnesses dead, insane or absent. 10. Deed not acknowledged, how proved if grantor refuses to acknowledge. 11. If holder of a deed refuses to record it, proceedings. 12. Estates not to be created, or conveyed except by writing, or by force of law. 13. Trusts not to be created except by writing. Section 1. Conveyances of lands may be made by deed execu- ted by any person or by his attorney, acknowledged and recorded as directed in this chapter, without any other act or ceremony whatever. Sec. 2. Any public or private corporation authorized to hold real estate, may convey the same by an agent appointed by vote for that purpose. Sec, 3. Every deed or other conveyance of real estate shall be signed and sealed by the party granting the same, attested by two or more witnesses, acknowledged by such grantor before a justice of the peace, notary public or commissioner, or before a minister or consul of the United States in a foreign country, and recorded at length in the registry of deeds in the county in which such lands lie. Sec. 4. No deed of bargain and sale, mortgage or other convey- ance of any real estate, or any lease for more than seven years from the making thereof, shall be valid to hold the same against any person but the grantor and his heirs only, unless such deed or lease be attested, acknowledged and recorded according to the provisions of this chapter. Sec 5. Any person, interested in any such deed or lease, may cause the same to be recorded in the registry of any other county, and in case of the destruction of the records of the county where such 244 CONVEYANCE OF REAL ESTATE. [tITLE XV. estate lies, an attested copy of such deed from the registry of such other county, shall be of the same validity as a copy from the original registry. Sec. 6. Every power of attorney to convey real estate must be signed, sealed, attested and acknowledged, and may be recorded in the same manner as is required for a deed, and a copy of the record may be used in evidence, whenever a copy of the deed so made is admissible. . Sec 7. Any deed, not acknowledged by the grantor, but in other respects duly executed, may be recorded, and for sixty days after such recording shall be as good and effectual in law as if duly acknowledged. Sec. 8. If any grantor or lessor shall die, become insane or go out of the State before the acknowledgment of any deed or lease by him made, the due execution thereof may be proved by one or more of the subscribing witnesses, before any court of record in this State. Sec 9. If such subscribing witnesses are dead, insane, out of the State or so situated that their testimony cannot be had, proof of such due execution may be made, by the oath of two witnesses acquainted with the hand writing of such grantor or lessor and of the subscribing witnesses, that such deed or lease was signed by them. Sec 10. If the grantor or lessor shall refuse to acknowledge any deed or lease, proof of its due execution may be made in the man- ner provided in the two sections preceding ; but if such grantor or lessor is a resident of this State, notice of the time and place of proving the same, signed by some justice of the peace, shall be delivered to him or left at his usual place of abode fifteen days prior to such time. Ev^ery unacknowledged deed proved agreeably to this or either of the two preceding sections, shall be good and effectual as if duly acknowledged. Sec 11. If any person having any deed or other evidence of title of any real estate not recorded, shall neglect to record the same, or refuse to alloAv the same to be recorded for the space of thirty days after being thereto requested in writing, by any person having an interest in such estate, any justice of the peace upon complaint thereof, may issue his warrant and cause such person to be brought before him for examination, and if sufficient cause for such neglect or refusal is not shown, may order such deed or evidence of title to be recorded, and commit him to jail until such order is performed, and payment of costs is made. ; Sec 12. Every estate or interest in lands, created or conveyed without an instrument in writing signed by the grantor or his attorney, shall be deemed an estate at will only, and no estate or interest in lands shall be assigned, granted or surrendered except by writing signed as aforesaid, or by operation of law. Sec. 13. No trust concerning lands, excepting such as may arise CHAP. 131] MORTGAGES OF REAL ESTATE. 245 or result by implication of law, shall be created or declared unless by an instrument signed by the party creating the same, or by his attorney. CHAPTER 131. OF MORTGAGES OF REAL ESTATE. Section 1. What is deemed to be a mortgage. 2. No estate encumbered by a condition not in writing and made part of deed. 3. Mortgage to secure only existing lia- bility. 4. Mortgage to be void on the perform- ance of its condition. 5. Release by mortgagee, how obtained. 6. Court may decree a discharge. 7. Decree recorded, of same effect as a release. Section 8. Mortgagee shall give account of sum due on the mortgage. 9. If mortgagee neglects, proceedings. 10. Payment of sum into court, a dis- charge. IL Issues of fact to be tried by jury. 12. Petition to be filed within one year. 13. Redemption of mortgaged property. 14. Foreclosure of mortgages. 15. Expenses of foreclosure, how paid. 16. Evidence of entry, &c., how pre- served. 17. "Mortgager" and "mortgagee," meaning. Section 1. Every conveyance of lands, made for the purpose of securing the payment of money or the performance of any other thing in the condition thereof stated, is a mortgage within the meaning of this act. Sec. 2. No conveyance in writing of any lands shall be defeated, nor any estate encumbered, by any agreement, unless it is inserted in the condition of the conveyance and made part thereof, stating the sum of money to be secured, or other thing to be performed. Sec. 3. No estate conveyed in mortgage shall be holden by the mortgagee for the payment of any sum of money, or the perform- ance of any other thing, the obligation or liability to the payment or performance of which arises, is made or contracted after the execution and delivery of such mortgage. Sec. 4. Upon the performance of the acts stated in the condi- tion of any mortgage, and the payment of all damages and costs arising by reason of the non-performance of such condition, ac- cording to the terms thereof, or upon the legal tender of such per- formance and payment, such mortgage shall be void. Sec. 5. If after such performance or payment, or a legal tender thereof, the mortgagee, or person having his estate, being duly requested and having his reasonable charges therefor tendered to him, shall refuse or neglect to execute a release of his interest in 246 MORTGAGES OF REAL ESTATE. [TITLE XV. the mortgaged premises, the mortgager or person having his es- tate, may apply by petition to the court of common pleas in the county where the mortgaged estate or the greater part thereof lies, stating the conveyance of the estate, the condition of the convey- ance and the performance, payment or tender thereof, as aforesaid, and praying for a decree of discharge and other relief thereon. Sec. 6. If said court after proof of due notice given, and a hear- ing on such petition, shall find that the condition of such mortgage has been performed, and all damages and costs paid according to law, or that a legal tender thereof has been made, and the amount of debt and damages brought into court and lodged with the clerk thereof, the court shall decree that such mortgage be discharged. Sec. 7. A copy of such decree recorded in the registrj'- of deeds for the county in which such lands lie, shall have the same effect as a release duly executed by the mortgagee. Sec. 8. The mortgagee upon a request in writing by the mort- gager, shall make out and deliver to him or his agent, a just and true account of all his demands secured by such mortgage, and all damages and costs incurred by reason of the non-performance of the condition thereof, and of all rents and profits by him received. Sec. 9. If he shall unreasonably refuse or neglect to make out and deliver such account, the com't of common pleas upon petition by the mortgager setting forth the facts in the case, and due notice given to the parties interested, shall determine the amount justly due after deducting rents and profits received. Sec 10. Upon such amount being brought into court and lodg- ed with the clerk thereof, the court shall decree that such mortgage be discharged, and a copy of such decree recorded in the registry of deeds for the county in which such lands lie, shall have the same effect as a release duly executed by the mortgagee. Sec 11. If upon the hearing of any petition aforesaid any issue of fact shall arise, such issue, if either party elects, may be deter- mined by a jury, and costs shall be awarded to the prevailing party. Sec 12. No such petition shall be heard unless the same shall be entered in court within one year after such payment, performance or tender, refusal or neglect. Sec 13. All lands conveyed in mortgage, may be redeemed after the condition thereof is broken, by the mortgager, by the payment of all demands and the performance of all things secured by such mortgage, and all damages and costs sustained and incurred by reason of the non-performance of the condition of the same, or by a legal tender thereof before foreclosure. Sec 14. The right of the mortgager to redeem any mortgaged premises, shall be forever barred and foreclosed by the mortgagee in the following modes : — First; by entry into the mortgaged premises under process of law, and continued, actual possession thereof for one year : CHAP. 132] PERSONAL MORTGAGES. 247 Second; by peaceable entry into the mortgaged premises, and continued, actual, peaceable possession thereof for the space of one year, and by publishing in some newspaper printed in the same county, if any there be, otherwise in some newspaper printed in some adjoining county, three weeks successively, a notice stating the time at which such possession taken for condition broken com- menced, the object of such possession, the name of the mortgager and mortgagee, the date of the mortgage and a description of the premises, the first publication to be six months at least before such right to redeem Avould be foreclosed : Third; by the mortgagee in possession of the mortgaged pre- mises, giving notice to the mortgager or person interested therein, that such possession is holden for the purpose of foreclosing the right to redeem, and by retaining actual, peaceable possession thereof for one year after such notice, and by publishing a like notice as in the case of a peaceable entry. Sec. 15, The expense of such publication and thirty-four cents for such notice, shall be paid to the mortgagee by the person re- deeming such mortgage, and before the redemption thereof. Sec, 16, The affidavit of the party making any entry into real estate, and of the witnesses thereto as to the time, manner and purposes of such entry, and a copy of the published notice verified by affidavit as to the time, place and mode of publication, recorded in the registry of deeds for the county in which the lands lie, shall be evidence of such entry and publication. Sec. 17. The word "mortgager" or "mortgagee," in this title, shall be construed to include any person claiming under or repre- senting him. CHAPTER 13S. OF MORTGAGES OF PERSONAL PROPERTY. Section 1. What property may be mortgaged. 2. Mortgage must be recorded or posses- sion of property taken. 3. Mortgager and mortgagee to make oatli. 4. Form of oath to be varied. 5. Certificate of oath to be recorded. 6. Falsehood in such oath is perjury. 7. Mortgage not valid unless the forego- ing provisions are complied with. 8. Mortgager shall not sell or pledge mortgaged property without leave. Section 9. Mortgager shall not mortgage the same without notice. 10. Penalty for such sale or mortgage. 11. Bottomry, respondentia bonds, &c., excepted from this chapter. 13. Town clerk shall record mortgages, &c. 13. Time and mode of redemption. 14. Mortgagee may sell property. 15. Notice of sale, how given. 16. Mortgagee may be purchaser. '248 PERSONAL MORTGAGES. [TITLE XV. Section 1. Personal property, and crops of every description, whether the same have or have not come to maturity, are subject to mortgage agreeably to the provisions of this chapter. Sec. 2. Possession of the mortgaged property must be delivered to and retained by the mortgagee, or the mortgage must be record- ed in the office of the clerk of the town in which the mortgager resides at the time of making the same. Sec. 3. Each mortgager and mortgagee shall make and sub- scribe an affidavit in substance as follows : — "We severally sAvearthat the foregoing mortgage is made for the purpose of securing the debt specified in the condition thereof, and for no other purpose whatever, and that said debt was not created for the purpose of enabling the mortgager to execute said mort- gage, but is a just debt, honestly due and owing from the mortgager to the mortgagee." Sec 4. If such mortgage is given to indemnify the mortgagee against any liability assumed, or to secure the fulfilment of any agreement other than for the payment of a debt due from the mortgager to the mortgagee, such liability or agreement shall be stated truly and specifically in the condition of the mortgage, and the affidavit shall be so far varied as to verify the validity, truth and justice of such liability or agreement. Sec 5. Every such affidavit with the certificate of the justice who administered the oath, shall be made upon or appended to such mortgage and recorded therewith. Sec. 6. All wilful falsehood committed in any such affidavit, shall be deemed to be perjury and punished accordingly. Sec 7. No such mortgage shall be valid against any person ex- cept the mortgager, his executors and administrators, unless posses- sion is delivered or the mortgage is sworn to and recorded in the manner herein prescribed. Sec 8. No mortgager of personal property «hall sell or pledge any such property by him mortgaged, without the consent of the mortgagee in writing upon the back of the mortgage, and on the margin of the record thereof in the office where such mortgage is recorded. Sec 9. No mortgager shall execute any second or subsequent mortgage of personal property, while the same is subject to a pre- viously existing mortgage given by such mortgager, unless the fact of the existence of such previous mortgage is set forth in the subsequent mortgage. Sec 10. If any mortgager shall be guilty of any offence against either of the two sections preceding, he shall be punished by fine equal to double the value of the property so wrongfully sold, pledged or mortgaged, one half to the use of the party injured and the other half to the use of the county. Sec 11. Nothing in this chapter contained shall afiect any trans- CHAP. 133] MECHANICS LIENS. 249 fer of property under bottomry or respondentia bonds, or of any ships or goods at sea or abroad, if the mortgagee shall take posses- sion thereof as soon as may be after their arrival in this State. Sec. 12. Every town clerk shall keep a book of records for per- sonal mortgages, at the expense of the town, shall record therein any mortgage, transfer, consent or discharge, or give a certified copy thereof, when requested, upon payment of the fees tberefor, shall certify the time when the same is received and recorded, and keep an alphabetical index of mortgagers and mortgagees, which records and index shall be open to public inspection. Sec. 13. When the condition of any mortgage of personal pro- perty has been broken, the mortgager may redeem the same by paying or tendering to the mortgagee the amount due on such mortgage, with all reasonable expenses incurred by reason of such breach of condition, at any time before a sale thereof as is herein- after prescribed. Sec. 14. The mortgagee may at any time after thirty days from the time of condition broken, sell the mortgaged property or any part thereof, at public auction, notice of the time, place and purpo- ses of such sale being posted up at two or more public places in the town in which such sale is to be, four days at least prior thereto. Sec. 15. The mortgagee shall notify the mortgager of the time and place of sale, either by notice in writing delivered to the mort- gager, or if a corporation, to the person on whom legal process may be served, or left at his place of abode (if within the town) at least four days previous to the sale. If the mortgager does not reside in the town, the posting up of notices as required in the preceding section, shall be sufficient. Sec 16. Such mortgagee may be a purchaser at such sale, and the proceeds of such sale shall be applied by him to the pay- ment of the demand secured by such mortgage, and the expenses of keeping and sale ; and the residue, if any, shall be paid to the mortgager on demand. CHAPTER 133. OF THE LIENS OF MECHANICS AND OTHERS. Section 1. Laborers on vessels to have lien. 2. Such lien, how secured. 3. Lien on buildings, when given. 4. Contract to be recorded. 5. Town clerk to file such contract. 6. Such lien secured by attachment. 7. Subject to prior mortgage or attach- ment. 32 Section ' 8. Priority of liens, how determined. 9. Lien where contracts partly perform- ed. 10. Lien discharged by payment or ten- der. 11. Not to take effect until adopted by town. 250 mechanics' mens, . [title XV. Section 1. If any person shall perform any labor or fnrnish any materials towards building, repairing, fitting or furnishing any vessel, payment for which is due, he shall have a lien therefor on such vessel for the space of four days after the vessel is completed. Sec. 2. Such lien may be secured by attachment of the ves- sel within said four days, and such attachment shall have prece- dence of all other attachments and claims, except the lien for mariners' wages. Sec. 3. If any person under any written contract shall furnish any labor or materials for erecting, repairing or altering any build- ing, he shall have a lien therefor upon such house or building, and upon the interest of the person for whom such labor and materials are furnished, in the lot of land on which it stands, for the space of thirty days after the payment of said labor or materials shall become due by said contract. Sec. 4. Such lien shall not attach, unless such contract is made in writing expressing the terms thereof fully, and a true copy of the same left with the town clerk of the town in which such house or building is situate. Sec. 5. The town clerk shall receive such copy, minute thereon the time when received, and keep the same on file, for which he shall receive seventeen cents. Sec. 6. Such lien may be secured within the thirty days afore- said, by an attachment of such building and land, and such attach- ment shall have precedence of all attachments made where no sucli lien exists, after the filing of such contract with the town clerk. Sec. 7. If the land on which such building is situate or to be erected, is under mortgage or attachment at the time of filing the copy of the contract as aforesaid, such prior mortgagee or attaching creditor shall be preferred to the extent of the value of the land and building at that time. Sec. 8. If two or more persons having such lien upon the same property, shall secure the same by attachment, they shall severally hold according to the priority of their several liens. Sec. 9. If the owner of such land or building shall have failed to perform his part of any such contract, by reason whereof the other party shall without his default have been prevented from completing such contract, the latter shall have a lien on such build- ing and land for such sum as is his due for what he has done. Sec. 10. Any lien aforesaid may be discharged at any time by the payment or tender of the amount due, together with the costs of any attachment made to secure the same. Sec. 11. The provisions of this chapter shall not be in force in any town, unless adopted by such town at some meeting called for that purpose. CHAP. 135.] ASSIGNMENTS MILLS. 251 CHAPTER 134. OF ASSIGNMENTS FOR THE BENEFIT OF CREDITORS. Section 1. No assignment valid unless distribu- tion equal. Section 2. Assignments oath. must be made under Section 1. No assignment made for the benefit of the creditors of any debtor making the same, shall be valid, unless it provides for an equal distribution of all the estate, rights and credits of such debtor among all his creditors in equal proportion to their respec- tive claims. Sec. 2. No such assignment shall be valid until the person making the same, shall have made oath that he has placed and assigned, and the true intention of his assignment is to place in the hands of his assignee all his property of every description, except such as is by law exempted from attachment and execution, to be divided among all his creditors in proportion to their respective claims. TITL.E XVI. PROVISIONS RESPECTING MILLS, FENCES, POUNDS, FLOATING TIMBER, STRAYS AND LOST GOODS. Chapter 135. Of mills and their repairs. Chapter 136. Of fences and common fields. Chapter 137. Of pounds and distraining of animals. Chapter 138. Of floating timber and damages therefrom. Chapter 139. Of strays and lost goods. CHAPTER 135, OF MILLS AND THEIR REPAIRS. Section 1. Repairs in mills and dams, how made. 2. Mill owners may apply to selectmen. 3. Facts to be stated in the application. Section 4. Notice of hearing, how given. 5. If party is a minor, married woman, ward, tenant, &c 252 MILLS. [title XVI. Section 6. Selectmen may order repairs, when. 7. On neglect, other owners may repair. 8. In case mill in two towns, proceedings. Section 9. Special contracts not atlected. 10. Tolls, what allowed by law. 11. Penalty for taking more. Section 1. All necessary repairs in any mill, milldam or flume owned by joint tenants or tenants in common, or in any milldam or flume owned in severalty, when the privilege of the water is owned jointly or in common, shall be made by sncli owners in proportion to their respective interests therein. Sec. 2. When in the opinion of any owner of any part or share of a mill, milldam or flume, it shall be necessary that such mill, milldam or flume be rebuilt or repaired, and the other part owners shall neglect to rebuild or repair the same immediately, he may apply by petition in writing to the selectmen of the town in which such mill, milldam or flume is situated, to appoint a time and place of hearing thereon. Sec. 3. Such petition shall contain a description of the premises, of the names and shares of all persons interested therein who are known, and of the object of the hearing, and a request that such hearing may be appointed and notice thereof given according to law. Sec. 4. The selectmen shall appoint a time and place of hearing on such petition, and shall notify all persons interested therein, by causing a true and attested copy of such notice to be given in hand to or left at the usual place of abode of every such person, at least fourteen days before the day of hearing, if such person is known and is an inhabitant of this State, otherwise by causing such notice to be posted up in two or more public places in the town twenty days before the meeting, and published in some news- paper printed in the same county, if any tliere be, if not, in some adjoining county, three weeks successively, the last publication to be not less than ten days before such day of meeting. Sec. 5. If any person interested is a minor, married woman, tenant for life or years, mortgager or mortgagee in possession, or person under guardiau ship, the guardian of such minor, the husband of such married woman, such tenant, mortgager or mortgagee in possession, or guardian shall be notified as aforesaid, and shall vote and contribute as if personally interested ; and any sum so contri- buted and paid shall be a lien upon such estate and a legal charge against the person for whom the same is paid. Sec. G. If upon any such hearing the selectmen or a majority of them shall be of oj)inion that such milldam or flume ought lo be repaired or rebuilt, they shall order each delinquent part owner to repair or rebuild his part or share thereof, in such manner and within such time as they shall think reasonable, and to pay such portion of the costs as they shall awaxd ; but no order to rebuild shall issue unless assented to by the owners of one half at least of such mill, milldam or flume. CHAP. 13C.] FENCES AND COMMON FIELDS. 253 Sec. 7. If any such delinquent shall not comply with such order, any one or more of the other part owners may rebuild or repair his part or share of such mill, milldam or flume, the cost of which shall be appraised by the selectmen aforesaid and certified by them, together with their own and all other fees, which sum may be recovered of such delinquent with interest, if he receives the benefit thereof, or otherwise shall be a lien upon such part, and the rents and profits thereof, until such sum with interest thereon at the rate of nine per cent., and all taxes and repairs shall be repaid in full. Sec. 8. If such mill, milldam or flume shall be situate in more than one town, petition shall be made to and acted upon by the selectmen of all such towns, acting as one board. Sec. 9. If any special contract has been made by such part owners respecting rebuilding or repairing any mill, milldam or flume, it shall not be afl'ected by the provisions of this chapter. Sec 10. The toll for grinding grain of any kind shall not be more than one sixteenth part thereof, and for bolting not more than one sixty-fourth part thereof. Sec. 11. If any owner of any grist mill, or any person employed therein, shall take more toll than as aforesaid, he shall forfeit for every offence five dollars, to be recovered by action of debt, in the name and to the use of the person injured thereby ; and shall moreover be liable at the suit of the party injured, for damages. CHAPTER 136. OF FENCES AND COMMON FIELDS. Section 1. Partition fences supported equally. 2. Division of fences to be in writing and recorded. 3. Fence viewers may make division. 4. Fences, what are legal. 5. Fence viewers may direct repairs. 6. Owner of adjoining land may repair. 7. Fence viewers to appraise such fence. 8. Double value recovered by builder. 9. Owner improving to pay for fence. 10. Fence viewers to appraise the same. 11. Owner ceasing to improve, rights. Section 12. Party not repairing liable for dama- ges. 13. Fence viewers to give notice. 14. How paid, who liable for costs. 15. Applications to be in writing. 16. Decision of fence viewers to be final. 17. If fence in two towns, who act. 18. Occupant to be deemed owner. 19. Fence viewer, penalty for neglect. 20. Common fields, how fenced. 21 . Fence may be assigned, how. 22. Taxes may be raised for repairs. 23. Bounds to be renewed, when. 254 FENCES. [title XVI. FENCES. Section 1. The owners of adjoining lands, under improvement, shall build and repair the partition fence between them in equal shares. Sec. 2, Any division of such fence made by the parties in writ- ing and recorded in the town records, shall be forever binding upon the parties, and all succeeding owners and occupants of the land. Sec 3. If the parties shall not agree upon a division, the fence viewers of the town upon application shall make such division, which being recorded in the town records, shall be of the same force as a division made by the parties, and a copy of such record shall be evidence. Sec 4. All fences four feet high and in good repair consisting of rails, timber, boards or stone walls, and all brooks, rivers, ponds, creeks, ditches, hedges and other things deemed by the fence view- ers to be equivalent thereto, shall be accounted legal and sufficient fences. Sec 5. The fence viewers upon application of either party shall view any fence alleged to be insufficient, and if they judge the same to be insufficient, they shall limit a time for the building or repair of the same, and give notice to the delinquent party to build or repair the same within the time so limited. Sec 6. If the party so notified, shall not build or repair such fence within the time so limited, the owner of the adjoining land may build or repair the same. Sec 7. The fence viewers upon application shall view the fence so built or repaired, and ff they judge the same and the residue of the fence between the same owners, upon the same tract of land, to be sufficient, they shall appraise the fence so built or repaired. Sec 8. The person so building or repairing such fence, shall have the right to demand and recover double the said appraised value thereof of the delinquent party, with costs of suit, in an action of assumpsit for labor and materials. Sec 9. If the owner of land shall have improved the same before the owner of adjoining land, and erected a division fence, he shall be entitled to demand and recover of such owner of the adjoining land, when he shall begin to improve, the value of such part of the fence as upon any division of the fence then or previ- ously made by the parties or the fence viewers, it was his duty to build. Sec 10. In the case aforesaid if the parties do not agree, the fence viewers on application shall appraise such fence, and the party shall recover the value agreed upon or appraised, in an action of assumpsit for so much fence sold, if the same is not paid in thirty days after a demand thereof is made. Sec 11. If any of the owners of adjoining land shall cease to improve his land, or shall lay the same in common, he shall not have a right to remove his part of the fence, but shall be imder no CHAP. 136.] COMMON FIELDS. 255 obligation to repair or rebuild the same, so long as said laud shall lay in common. Sec. 12. The party neglecting to build or keep in repair any partition fence Avhich he is bound to maintain, shall be liable for all damages arising from such neglect, and shall have no remedy for any damages happening to himself therefrom. Sec. 13. The fence viewers shall give notice in writing to the other party interested therein, of every application and of the time and place appointed for considering the same, shall hear the parties, if they attend, and their evidence, and shall reduce their decision to writing which shall be signed, and they shall cause a copy thereof to be given to each of the parties within one week. Sec. 14. Each fence viewer shall be allowed one dollar per day for his services, to be paid by the party making the application, and he shall be entitled to demand and recover the one half thereof of the other party, in an action of assumpsit for money paid for his use, unless in the opinion of the fence viewers justice requires a different division of the costs, in which case they may so order. Sec. 15. Every application to the fence viewers shall be in writ- ing, and one application may embrace so many subjects as from the nature of the case may be acted upon at one meeting. Sec. 16. The decision of the fence viewers, upon their being duly sworn before a justice that they have acted impartially, up- rightly and to the best of their judgment, shall be final and con- clusive upon the parties. Sec. 17. If the fence in controversy is situate on the line of two towns, the application shall be made to the fence viewers of the town in which the parties reside : if they reside in different towns, then to the fence viewers of that town in which the appli- cant does not reside. Sec. 18. The actual occupant of any land shall be deemed the owner thereof, for any of the purposes of this chapter. Sec. 19. If any fence viewer, without sufficient cause, shall neglect to attend and perform any of the duties required by law, he shall forfeit six dollars to any person who will sue for the same. COMMON FIELDS. Sec. 20. When several owners of land have agreed or shall .agree to improve the same in one common field, any justice on ap- plication of two or more owners may call a meeting of such own- ers, and the majority of them when met may determine in what manner the same shall be fenced. Sec. 21. They may, in such way as they judge equitable, assign to each owner the share of fence to be erected and maintained by him, and such assignment being recorded in the town records, every such owner and all succeeding occupants of his land shall be forever subject to all such liabilities in relation thereto, as he would be if the same were a partition fence of his own land. 256 POUNDS. [title XVI. Sec. 22. Such owners may agree to erect and maintain such common fence by a tax, and thereupon they may adopt by-laws, and their ofiicers shall have power in conformity to such by-laws to assess and collect such taxes. Sec. 23. Owners of lands in common fields, or where there is no partition fence, shall once in every five years, on six days' notice previously given, run the lines, and mark and renew the boimds between them, on penalty of forfeiting five dollars for each neglect, for the use of the person giving such notice. CHAPTER 137. OF POUNDS AND DISTRAINING OF ANIMALS. Section 1. Cattle may be impounded, when. 2. Where cattle may be impounded. 3. Estimate of damages to be left with the pound keeper. 4. Notice to owner, what and how given. 5. If owner unknown, notice how given. 6. If damages paid, creatures dischar- ged. 7. Appraiser may be appointed, how. 8. " to make report, effect. 9. If appraised damages paid, creatures to be discharged. 10. Application for sale may be made after four days Section 11. Justice may order sale or appraisal. 12. Surplus returned to owner on re- quest. 13. Creatures impounded treated as strays. 14. Towns to maintain pounds. 15. Rescuing cattle, penalty for. 16. Creatures rescued may be retaken. 17. Possession of creatures, evidence of pound breach, when. 18. Creatures impounded to be fed. 19. Pay for food regulated. 20. Fees of pound keeper. 21 " of persons impounding. Section 1. Any person may impound any swine, neat cattle, horses, sheep or other creatures that shall be found doing damage in his enclosure, or any such creature found going at large in any highway or street, or on any common in violation of the laws of the State or any by-laws of such town. Sec 2. Such creatures shall be impounded in the public pound, if there is any in the town, otherwise they may be impounded by the party taking up such creatures, in his own barn or enclosure. Sec. 3. The person impounding any creatiu-es, shall leave with the pound keeper in writing an estimate of the damage done by such creatures, or of the penalty incurred by the owner, and the amount of the fees and charges incurred. Sec 4. He shall within twenty-four hours from the time of im- pounding, cause to be delivered to the owner or person who last had them in his possession or keeping, if known to him, or cause to be left at his usual place of abode, a notice in writing describing the creatures impounded, stating his estimate of the damage done, CHAP. 137] POUNDS. 257 and the time when and the place where t4ie same was done, or of the penahy incurred, the amount of fees and charges then incurred and the place of impounding. Sec, 5. When the owner or keeper of any creatures impounded, is not known, the person impounding the same, shall within the same time post up a like notice in some public place in the town and in two adjoining towns. Sec 6. If the owner or any party claiming such creatures, shall pay the penalty or estimated damages and charges incurred, to the person impounding, or to the pound keeper, the creatures impound- ed shall be forthwith discharged from such pound. Sec. 7. If the owner or party claiming such creatures, shall neglect for the space of forty-eight hours or shall refuse to pay the damages estimated by the person impounding the same, either of said parties may apply to some justice of the peace, who shall notify the other party to appear before him at a time and place ap- pointed as early as practicable, and after hearing the parties shall appoint three disinterested persons to appraise such damages. Sec 8. The appraisers so appointed shall notify the parties, and as early as practicable view the place where the damage is alleged to be done, and hear the parties and their evidence, and report to the justice whether any damage was done by such creatures, at the time of their last being in such enclosure only, and the sura at which they estimate the same, and such report signed by a majority of such appraisers, shall be conclusive upon the parties. Sec 9. Upon payment of the damages so appraised and the charges incurred, with the fees of the justice and appraisers, to be assessed by the justice, such creatures shall be discharged from the pound. Sec. 10. If such creatures impounded shall remain in the pound for four days, after the day of such notice being given or posted as aforesaid, the person impounding the same may apply to a justice for an appraisal of the damages, if no appraisal has been made, and for an order for the sale or appraisal of such property. Sec. II. The justice after notice and hearing the parties, may order such creatures or so many of them as may be necessary, to be sold at public auction by the person impounding the same, who shall give notice and proceed in such sale in the same manner as sheriffs are required to do in sales upon execution, or he may order them to be appraised in the same manner as damages are required to be appraised, in which case the person impounding shall take them to his own use at the appraised value. Sec 12. After payment of the penalty or damages and all costs, the overplus of such sale or appraisal shall be paid to the owner upon request. Sec 13. If after four days no owner appears, or if after an appraisal or order of sale any of the creatures impounded shall 3.3 258 POUNDS. [title XVI. remain unclaimed, the person impounding may take such creatures out of the pound and proceed with them as strays. Sec. 14. Every town shall provide and maintain a good and suf- ficient pound, for impounding and restraining all creatures liable to be impounded, and if any town shall neglect to provide such pound, they shall incur a penalty of thirty dollars for each year they shall be destitute thereof, to be recovered by any person who will sue for the same to his own use, or may be punished by fine of the same amount. Sec. 15. If any person shall rescue any creature from the posses- sion of any person driving, or being about to drive the same to the pound, or shall make any pound breach, or in any way directly or indirectly convey or deliver any creature out of any pound, without lawful authority, he shall be punished by a fine of twenty dollars or by imprisonment not exceeding six weeks. Sec. 16. The pound keeper or person impounding, may retake within six days any creature directly or indirectly conveyed or delivered out of the pound, without lawful authority, and again impound and detain the same until the damages and costs are paid, with the additional cost of such retaking, or the same is otherwise legally released. Sec 17. If any creatiu*e so illegally conveyed out of any pound, shall be in any person's enclosure, who shall refuse to deliver the same to the pound keeper or person who first impounded the same, upon demand, such refusal shall be sufficient evidence to convict such person of having released said creatures from the pound. Sec. 18. The pound keeper, if there is any, otherwise the per- son impounding, shall cause the creatures impounded to be provi- ded with food and drink suitable for such creatures, and upon neglect shall be liable to the owner for all damages arising there- from. Sec 19. The sum to be allowed for sustenance of creatures impounded, shall be for cattle and horses above one year old, fifteen cents per day, for all other creatures, seven cents per day, each. Sec 20. The fees to be paid to the pound keeper, shall be five cents each for every creature impounded, except sheep which shall be two cents each, including the putting in and letting out, and the same fees in case of creatures retaken after pound breach. Sec 21. The fees to the person impounding, shall be six cents a mile for travel from the place of taking to the pound, and four cents a head for driving, if more than one mile, otherwise two cents a head ; for each notice twenty-five cents, and four cents a mile for travel from the pound to the place where such notice shall be given or left ; and the same fees in case of creatures retaken after pound breach. CHAP. 138] FLOATING TIMBER. 259 CHAPTER 138. OF FLOATING TIMBER AND DAMAGE THEREFROM. Section 1. Owners of improved land may detain timber lodged thereon. 2. Owners to advertise such timber. 3. Damages, how appraised. 4. On payment owner may remove with- in 7 months. 5. Timber forfeited if not so removed. Section 6. Owner of unimproved land may de- tain timber lodged thereon. 7. Owner of timber liable for damages. 8. Stopping timber and cutting out marks, penalty for. 9. Taking and carrying away floating timber, larceny. Section 1. Every owner of improved land shall have the right to detain all masts, logs or timber of any kind which shall be lodged thereon by the waters of any river or stream,* until the damages occasioned to such land thereby, and by the removal thereof and the expenses of advertising the same shall be paid. Sec. 2. Every such owner shall advertise all such logs and tim- ber in the month of September annually, by posting notices descri- bing the number thereof and the marks thereon, at one of the most public places in the same and two adjoining towns, and caus- ing a like notice to be recorded by the town clerk. Sec. 3. If the owner or claimant of such logs or timber, shall be dissatisfied with the damages and expenses demanded by the owner of such land, the selectmen, and in case a majority of them shall be interested, three justices may on application and after reasonable notice to the other party, assess such damages and expenses. Sec. 4. On payment or tender of the damages and expenses so demanded or assessed, the owner of such logs and timber shall have the right to remove the same, at any time within seven months after such notice is posted up as aforesaid. Sec. 5. If such logs or timber shall not be removed within said seven months, they shall be forfeited to the owner of the land, and he may convert the same to his own use, provided they have been duly advertised as aforesaid. Sec. 6. If any logs, masts or spars of any person shall be lodged on the unimproved land of any other person, they may be detained until the damages occasioned thereby, and all costs are paid. Sec. 7. If such logs or timber shall be removed by the owner or any other person, without payment or tender of the damages and expenses as aforesaid, he shall be liable to the owner of such land therefor and for costs, in an action to be commenced within one year, and not after. Sec. 8. If any person shall wrongfully stop any masts, spars or logs of any other person, or prevent them from floating down any river or stream, or if any person shall wilfully and fraudulently cut 260 STRAYS AND LOST GOODS. [title XVI. out or destroy the mark on such logs or timber, he shall be pun- ished by imprisonment not more than thirty days, or by fine not exceeding twenty-five dollars. Sec. 9. If any person shall wilfully and fraudulently take and carry away or otherwise convert to his own use, either personally or by others in his employment and under his control, any log or timber of another, being in any river or stream or on the banks or meadows adjoining the same, he shall be adjudged guilty of larceny and punished by imprisonment not less than thirty days nor more than one year, or by confinement to hard labor not exceeding two years. CHAPTER 139. OF STRAYS AND LOST GOODS. Section 1. Notice to be given to town clerk. 2. Town clerk to record such notice. 3. Finder to post notices. 4. Appraisers to be appointed 5. Appraisers' oath and return. 6. Finder to keep property not claimed for a year, when. 7. Owner entitled to property on pay- ment of expenses. Section 8. Expenses adjusted by a justice. 9. Owner liable for expense if stray dies. 10. Penalty for neglect of finder. IL Penalty for neglect of town clerk. 12. Strays not to be taken up, when. 13. Fees of finder, justice and clerk. Section 1. The person finding any money or goods, or finding and taking up any stray beast, the owner of which is unknown, shall give to the town clerk a notice in writing describing the money, goods or beast, within six days after so finding or taking up the same. Sec 2. The town clerk shall record such notice in a book to be by him kept for that purpose. Sec 3. The finder of such property shall within six days after finding or taking up the same, post up a notice describing the money, goods or beast, at two public places in the town where the same was found, and if the value thereof exceed five dollars, at some public place in each of two adjoining towns, or cause a copy of such notice to be published three weeks successively in some newspaper circulating in such towns.. Sec 4. If no owner shall appear within one month after notice given as aforesaid, the finder shall apply to a justice who shall appoint thre© persons to appraise such property, unless the same be money. CHAP. 139.] STRAYS AND LOST GOODS, 261 Sec. 5. The appraisers shall be sworn by the justice to the faith- ful discharge of their duty, shall appraise the property and make a return of their appraisal to the justice. Sec. 6. If the owner of such property or beast shall not appear, and claim the same, within one year after notice given to the town clerk, the person finding or taking up the same may keep the property for his oAvn use, upon paying to the town treasurer the residue of such money, [or] of the appraised value of such property or beast, after deducting the fees and expenses incurred. Sec. 7. The owner within one year, upon paying or tendering to the finder a reasonable sum for the keeping, charges and fees incurred, shall be entitled to his property. Sec. 8. Any justice shall adjust and determine the amount of the fees and charges of the finder, clerk, appraisers and justice, and the expense of keeping, on application of any person interested. Sec. 9. The owner of any stray beast shall be liable to the per- son taking up the same, for such fees, charges and expenses, in case the beast should die without the fault or negligence of the finder. Sec 10. If any person finding any property or taking up any stray beast, shall neglect to give notice to the town clerk or to post up notices as before prescribed, or to cause such appraisal to be made, he shall receive nothing for his services or expenses, and shall forfeit a smn equal to double the value of the property found or beast taken up. Sec II. If any town clerk shall omit to record any notice as aforesaid, or if any person shall pull down or destroy any notice so posted, till the purpose thereof is answered, he shall forfeit the sum of thirty dollars. Sec 12. No beast, except horses and mules, shall be taken up as a stray, from the first day of April to the first day of November in any year, unless the same shall be fomid doing damage in some enclosure. Sec 13. The fees for notifying the clerk shall be twenty-five cents, for each advertisement twenty-five cents, for recording the notice ten cents, for appointing appraisers twenty-five cents, for receiving and recording the appraisal twenty-five cents, for adjust- ing the charges and expenses twenty-five cents. 262 BANKS, [title XVII. TITL.E XVII. OF CORPORATIONS. Chapter 140. Chapter 141, Chapter 142. Chapter 143. Chapter 144. Chapter 145. Chapter 146. Of banks and savings banks. Of manufacturing corporations. Of railroad corporations. Of proprietors of common lands. Of religious societies. Of voluntary associations. General provisions respecting corporations. CHAPTER 140. OF BANKS. Section 1. Unchartered banks unlawful. 2. Penalty for being a member thereof. 3. Penalty for being concerned therein. 4. All securities taken to be void. 5. Bills, &c., issued to be void except against signer. 6. Penalty for passing such bills. 7. Bills to be made payable in specie on demand. 8. Penalty for passing bills otherwise payable. 9. Penalty for neglect to pay specie. 10. Penalty for passing bills under $1,00. 11. Penalty on bank for issuing bills of certain denominations. 12. Penalty for bringing such bills into the State. 13. Bank to pay its altered bills. 14. Circulation of bank limited. 15. Suspended bank not to pay dividends. 16. Debtors of suspended banks may suspend also, unless. 17. Statementof condition of bank made. 18. Such statement to be under oath. 19. Penalty for neglect to make return. 20. Bank commissioners to be appointed, 21. Commissioners removable at pleasure. 22. Duties of commissioners. 23. Compensation of commissioners. Section 24. May examine officers of bank on oath. 25. Commissioners to report annually. 26. Bank suspending to be examined. 27. Injunction to be issued forthwith. 28. Injunction, on hearing how modified. 29. Charter, proceedings to forfeit. 30. Bank aggrieved by injunction, may petition to dissolve. 31. Assignees of bank, when appointed. 32. Powers and duties of assignees. 33. Court may make orders to carry as- signment into effect. 34. Assignees to give bond. 35. Suits on bond, how instituted. 36. Assets of bank, how distributed. 37. Creditors of bank may be restrained from proceeding. 38. Compensation of assignees. 39. Penalty on officers of bank for false statements. 40. Penalty for embezzlement. 41. " for fraudulent payments. 42. Voting by proxy regulated. 43. Cashier shall not be a borrower. 44. Indebtedness of directors limited. 45. Indemnities by directors, when void. 46. Directors to take no fee for loan. 47. Prosecutions, how carried on. 48. Forfeiture of charter, proceedings. CHAP. 140] BANKS, 263 savings banks. Section 49. Savinofs banks to be examined. Section 50. Powers and duties of commissioners. 51. Assignees may be appointed. I BANKS. Section 1. Every company or association of persons formed for banking purposes, without an act of the legislatiu'e authorizing the same, shall be deemed unlawful. Sec. 2. If any person shall subscribe to or become a member of such company or association, he shall for such offence be pun- ished by fine not exceeding one thousand dollars, nor less than four hundred dollars. Sec 3. If any person shall be concerned in issuing notes or bank bills, receiving deposits, loaning, issuing or signing any such notes or bills, or in any way aiding in carrying on the business of such company or association, he shall be punished by fine of one hundred dollars. Sec 4. All notes or securities for the payment of money, or the delivery of property, made, given, endorsed or transferred to, or received by any such company or association for money or bills loaned or discounts made, or made, given, or transferred to or received by any person for the benefit of such company or associ- ation, shall be null and void. Sec 5. All bills, notes, checks, drafts or obligations whatsoever payable to bearer or order, except such as may be issued by an incorporated bank, issued or passed with intent that the same shall be used as currency, and which shall bear the impression of types, plates or printing, are void, and no action shall be sustained there- on, except against the original signer thereof. Sec 6. If any person shall issue or pass any such note, bill, check, draft or obligation with intent that the same shall be circu- lated as currency, he shall be fined for each offence twenty dollars. Sec 7. If any incorporated banking company or any person in their behalf shall put in circulation, or issue with intent to put in circulation as currency, any bank bill, note or obligation, the payment of which is subject to any condition whatever, or payable at any other place than the bank from which it issued, or which shall not be made payable to the bearer in specie and on demand, such company or person for every such offence shall be fined one hundred dollars. Sec 8. If any person shall knowingly pass any bank bill, note, or obligation of the description contained in the preceding section, issued by any bank, excepting to the bank from which the same issued, he shall be fined for such offence five dollars. Sec. 9. If any banking company shall neglect or refuse to pay in specie, on demand, any bank bill, note or obligation by them issued, upon presentment and demand of payment thereof at said 264 BANKS. [title XVII. bank, the holder of such bill, note or obligation may sue for and recover the amount thereof, with interest thereon at the rate of two per centum for each month, to be computed from the time of such demand, and also treble costs of suit. Sec. 10. If any person shall pass or offer to pass any note or bill of a less denomination than one dollar, issued by any bank, except to the bank from which the same was issued, he shall forfeit for each offence five dollars, to be recovered by any person who will sue therefor within six months from the commission of the offence. Sec. 11. No bank in this State shall issue, or put in circulation or pass directly or indirectly any bank bill or note of a less denom- ination than one dollar, or of any denomination between one and two, two and three, three and five, five and ten or ten and twenty dollars ; and if any bank in this State shall violate the foregoing provisions of this section or any part thereof, such bank shall forfeit for such offence the sum of five hundred dollars, to be recovered by indictment, and shall be liable to forfeiture of its charter. Sec. 12. If any person shall bring into this State any bill or note issued by any bank not established in this State, or by any person, of a less denomination than one dollar, or of any denomi- nation between one and two, two and three, three and five, five and ten or ten and twenty dollars, with intent to put such bill or note in circulation in this State, or to cause or permit the same to be so put in circulation, or to pass the same, or if any person shall pass or offer to pass any such bill or note in this State directly or indirectly, such person so offending, shall be punished therefor by fine not less than one hundred nor more than five hundred dollars. Sec 13. The several banking corporations shall be liable to pay to any holder, the original amount of any note or bill of such bank, altered in the course of its circulation to a larger amount, notwith- standing such alteration. Sec 14. No bank shall have in circulation at any one time, its bills or notes to a greater amount than four fifths of its capital stock actually paid in at such time, and then composing its capital stock, deducting therefrom the amount of loans made by such bank upon the pledge of its own stock. Sec 15. No bank which shall suspend specie payments, shall during such suspension pay any dividend of interest or profits to any stockholder, and any violation of this or the preceding section, shall be a forfeitm-e of the charter of the bank guilty of such vio- lation, and any director or other officer of any bank consenting to such violation, shall be punished by confinement to hard labor not exceeding five years. Sec 16. Whenever any bank shall suspend specie payments, any person indebted to such bank may suspend the payment of his debt until such bank shall resume specie payments, imless said bank will receive its own bills or other current bank bills in payment thereof. CHAP. 140.] BANKS. 265 Sec. 17. The cashier of every bank shall, on the first Monday of March, June, September and December in each year, make a statement of the condition of such bank on said day, specifying in separate columns the amount of capital stock actually paid in ; amount of debts due the bank seciured by pledge of its stock ; value of real estate belonging to the bank ; amount of all debts due to the bank ; amount of all debts due from the directors either as principals or sureties, specifying whether on interest or otherwise ; amount of specie in the vaults ; amount of bills of other banks on hand ; amount of deposits in the bank ; amount of deposits in other banks for the redemption of its bills ; and the amount of the bills of the bank then in circulation. Sec. 18. Such statement shall be signed by the cashier, who shall make oath before some justice of the peace that the same is, in his belief and to the best of his knowledge, a just and true ac- count of the situation of such bank at the time to which said state- ment refers, a certificate of which oath shall be made thereon, and such statement shall be returned to the secretary of state, within ten days after the said first Monday of March, June, September and December annually, who shall give a receipt therefor. Sec 19. If any bank shall neglect to make any such return as is provided in the preceding section, each bank so offending shall for every such offence be punished by a fine not exceeding one thou- sand dollars, and the certificate of the secretary of state shall be competent evidence of such neglect. Sec 20. The governor, with the advice of the council, shall appoint three suitable persons residing within this State, no one of whom shall be an owner of stock in or indebted to any bank in this State, as bank commissioners, who shall hold their office for one year, and until others are duly appointed and commissioned in their stead. Sec 21. Said commissioners shall be removable, and the vacan- cies may be filled at pleasure, by the governor and council. Sec 22. It shall be the duty of some one of said commissioners, once at least in each year, without previous notice to the bank, and as much oftener as the governor may require, to make person- ally a full examination into the condition of each bank and the management of its affairs ; to inspect all books, papers, notes, bonds and other evidences of debt of said banks ; to ascertain the quanti - ty of specie on hand, and generally to make all such inquiries as may be necessary to ascertain the actual condition of said bank, its ability to fulfil all its engagements, and whether it has violated any provision of its charter, or any law relative to banks or banking, and to report the condition of each bank to the governor as soon as may be after such examination. Sec. 23. Such commissioner shall receive from each bank so examined, ten cents per mile each way for his actual travel to make such examination, and two dollars for each day necessarily 34 266 BANKS. [title XVII. employed in making such examination and report ; but if there is more than one bank in any place, he shall not tax more than one travel. Sec. 24. Any snch commissioner may examine under oath all the officers, agents or servants of any bank, or any other person, in relation to the affairs and condition of such bank, and may administer said oath personally. Sec. 25. Said commissioners shall make report of their proceed- ings and of the condition of said banks to the legislature annually, during the first week of its session. Sec 26. If any bank shall suspend specie payments, such bank shall thereby forfeit its charter, and the governor shall direct two or more of said commissioners to make an immediate examination into the condition of such bank, especially as to its available funds, its liabilities, the amount of the liabilities of eacli stockholder, the amount of bills in circulation, whether since such suspension any loan or dividend has been made, and if so, the amount thereof, the amount of specie and funds on hand at the time of such suspension and at the time of such examination, and the disposition thereof, if any, that has been made, and such other facts as may be neces- sary to enable the public to judge of the solvency of such bank. And said commissioners shall make a full report thereof, and cause the same to be published in all the newspapers authorized to publish the laws of this State. Sec. 27. If such commissioners, upon an examination into the affairs of any bank or for other good cause, shall deem it unsafe for the public interest that such bank shall continue to issue or cir- culate its bills or notes, or if any bank shall neglect or refuse to submit to any examination by them or either of them, or to furnish the necessary facilities for such examination, they shall represent the same in writing signed by a majority of them, to one of the justices of the superior court of judicature ; and such justice shall forthwith issue an injunction to the president, directors and com- pany of said bank, prohibiting them from issuing any bills or transacting any business, until such inpmction shall be dissolved, and said commissioners shall cause the same to be served according to law. Sec 28. After due notice and a full hearing of the said corpora- tion upon the matters aforesaid, said justice may dissolve, modify or make perpetual said injunction, and may make such fiu'ther orders and decrees to suspend, restrain or prohibit the further pro- secution of the business of such corporation, as may be necessary according to the course of proceedings in equity. Sec 29. Said commissioners,- whenever they shall deem it ne- cessary to protect the public against the proceedings of any bank corporation, shall cause the attorney general by instructions in writing to that etfect, to file an information against such corporation for the purpose of vacating its charter, at the next term of the coiu't CHAP. 140] BANKS. 267 of common pleas to be holden in and for the county in which such bank is located ; and said court may order due notice to be given to such corporation, to appear and show cause why the charter of such bank should not be declared forfeited, and said court or the superior comt of judicatm'e, upon the transfer of said proceedings thereto, may adjudge said charter to be forfeited and void. Sec. 30. If the president, directors and company of any bank shall be aggrieved by any injunction, they may apply by petition to the superior com't of judicature to dissolve the same, and said court, after due notice to the bank commissioners and a full hearing thereon, may dissolve, modify, continue or extend the same as equity may require. Sec. 31. If said commissioners shall deem it unsafe for the public at any time, that any bank should be entrusted with the management of its affairs, or if any bank charter shall be adjudged forfeited, they may apply by petition to the superior court of judi- cature or to any justice thereof, for the appointment of an assignee or assignees to take possession of the property and effects of said bank ; and said court or justice may appoint an assignee or assignees accordingly, subject to such rules and orders as may from time to time be prescribed by said court or some justice thereof. Sec 32. Said assignee or assignees shall take possession of all the estate, property, rights and credits of every kind and description whatever belonging to such bank, and may demand, receive, sue for and recover the same wherever they may be found, and may require the officers of such bank or any person having any of said property, to execute to said assignee or assignees any transfer or conveyance thereof, and may collect all debts due and make sale and conveyance of all property belonging to such bank, and do all other acts necessary to convert the assets of such bank into money. Sec. 33. Said court, or any justice thereof in vacation, may make such orders as shall be necessary to carry such assignment into full effect, and may affix such penalties for the disobedience thereof as may be thought necessary. Sec 34. Before any assignee shall enter upon the discharge of the duties of his appointment, he shall file in said court a good and sufficient bond to the county in which such bank is located, to be approved by said court or some justice thereof, in such sum as said court shall order, conditioned among other things faithfully to exe- cute all the duties of his said appointment, and to render to said court a full account of his proceedings therein, and to comply with the orders of said court. Sec 35. Any person aggrieved by the default or misconduct of any such assignee, in the execution of his said trust, may on appli- cation to said court for that purpose, institute a suit on such bond in any court competent to try the same, and may recover the amount of the damage sustained by reason of such default or mis- conduct. 268 BANKS. [title XVll. Sec. 36. All the assets of such bank shall be holden in trust, first, to pay all the expenses of the assignment ; secondly, for the payment of all the bills issued by such bank pro rata ; thirdly, for the payment of all other debts, claims and obligations owing by such bank ; and the remainder to be divided among the stockhold- ers in proportion to the amount of stock owned by each. Sec. 37. Upon the application of said commissioners, said court may issue an injunction restraining all proceedings at law by any creditor against such bank, at any stage thereof, and may order notice to be published in such manner as they shall direct, requir- ing all the creditors of such bank to exhibit their claims within such time as shall be directed, and in default thereof to be pre- cluded from the benefit of any distribution of the effects of such bank, according to the provisions of this chapter. Sec. 38. Every such assignee shall receive such reasonable com- pensation, for his expenses and services in the execution of his said trust, as said court shall order. Sec. 39. If any officer, agent or clerk of any bank shall make false statements or false entries in the books of said bank, or shall exhibit false papers with intent to deceive said commissioners or either of them, as to the condition of such bank, he shall be pun- ished by fine not exceeding one thousand dollars, or by confine- ment to hard labor for a term not exceeding five years. Sec. 40. If any officer, agent or servant of any bank shall fraud- ulently convert to his own use any money, bill, note or security for money, evidence of debt, or any other effects whatever belong- ing to such bank, he shall be punished by fine not exceeding two thousand dollars, and by confinement to hard labor not exceeding five years. Sec. 41. If any officer, agent or servant of any bank, being en- trusted with or having the custody of any money, bill, note, secu- rity for money, evidence of debt or any other effects whatever belonging to such bank, shall contrary to his duty and in breach of his trust knowingly and voluntarily pay or deliver any such money, bill, note, security for money, evidence of debt or other eff"ects to any person or to the order of any person, knowing that such person is not entitled to receive the same, he shall be punished by fine not exceeding two thousand dollars, and by confinement to hard labor not exceeding five years. Sec. 42. No person shall vote on any bank shares at any bank meeting, in his own right, without first making oath before some justice of the peace, if thereto required by any stockholder at such meeting, that he is the absolute and bona fide owner of the shares he assumes to represent ; nor shall any person vote by proxy at any such meeting. Sec. 43. No cashier of any bank shall be indebted to such bank as principal or surety, directly or indirectly in any manner what- ever, except upon his official bond. CHAP. 140.] BANKS. 269 Sec. 44. If any director of any bank hi this State shall be in- debted or liable to such bank in any manner, directly or indirectly, by reason of any note, bond, obligation, promise or undertaking whatever, to a greater amount at one time, than one half of the stock of such bank owned and held by such director, exclusive of shares upon which such bank has any lien or claim whatever, or for which the bank holds the director's stock note, he shall forfeit for each offence double the amount of such excess of indebtedness or liability, to be recovered by indictment, one half to the use of the complainant and the other half to the use of the county ; pro- vided, however, that no loan to any director of a bank shall exceed in all, an amount greater than three per cent, of the capital stock of such bank actually paid in in money ; and provided further, tliat none of the provisions of this section shall be so construed as to prevent the directors of any bank from negotiating, through the bank of which he is a director, any draft or inland bill of exchange. Sec. 45. Every promise or undertaking made by any director or other officer of any bank, to indemnify any other person for any liability to said bank, and every promise or undertaking whereby such director or other officer subjects himself, directly or indirectly, to any liability to such bank on account of any other person, shall be wholly unlawful and void. Sec. 46. If any officer of any bank or the copartner of such officer shall receive, directly or indirectly, any fee, reward or com- pensation for any services rendered or to be rendered, in or about procuring any loan or discount at such bank, or giving security therefor, or indemnifying or securing any surety, endorser or guar- antor of any note, bill, di-aft or other instrument discounted at or held by such bank, against his liability thereon or by reason there- of, he shall forfeit for each offence one hundred dollars, together with three times the amount of such fee, reward or comj)ensation, to be recovered by any person who will sue therefor. Sec. 47. The attorney general and solicitors shall prosecute for all offences against this chapter, which shall come to their know- ledge. Sec. 48. Whenever any bank corporation shall forfeit its charter, the attorney general, upon receiving satisfactory evidence thereof, shall file an information against such corporation, at any term of the court of common pleas for the county in which such bank is located, for the purpose of vacating such charter, in the manner provided for in the twenty-ninth section of this chapter ; and the court of common pleas and superior court of judicature shall have the same powers in relation thereto, as in cases provided for in said section. 270 SAVINGS BANKS. [title XVII. SAVINGS BANKS. Sec. 49. Any one or more of the bank commissioners whenever directed by the governor, shall make an examination of all the concerns of any savings bank, and make report of the condition thereof and of its solvency or insolvency to the governor. Sec. 50. Every officer of such savings bank when required by such commissioner, shall exhibit all the books and papers of such bank in his possession to such commissioner, and shall answer under oath all such questions relating to the management and con- dition of such bank, as may be asked by such commissioner, and for every neglect or refusal, shall be liable in the same manner as is herein-before provided for the like neglect or refusal in the case of banks. Sec. 51. Whenever the bank commissioners are of opinion that any savings institution is not managed with that skill or honesty, which the interests of its depositors require, they shall apply forth- with by petition to the superior court of judicature or to any jus- tice thereof, who may issue an injunction and appoint assignees, and the same proceedings shall be had, and the same powers pos- sessed, as is herein-before provided in case of banks. CHAPTER 141. OF MANUFACTURING CORPORATIONS. Section 1. Companies established since July 6, 1837, how regulated. 2. Affairs of corporation, how managed. 3. Directors, choice and powers. 4. Clerk and treasurer, choice and duties. 5. Agent and officers, how appointed. 6. Corporation may make by-laws. 7. Capital stock limited and divided. 8. Certificates of shares. 9. Capital stock, how increased. 10. Transfer of shares, how made. 11. Assessments on shares, how made. Sale of shares for non-payment of as- sessments. Mode of sale in such case. Liability of stockholders regulated. 12 Section 15. Certificate of capital to be recorded. 16. If capital increased, certificate there- of to be recorded. 17. Officers personally liable for neglect. 18. Capital reduced, notice given. 19. Liability of stockholders in such cases. 20. Statement of debts to be made. 21. Dividend made when corporation in- solvent, directors liable. 22. Loans to stockholders forbidden. 23. Indebtedness of corporation limited. 24. Directors absent or objecting, not liable. 25. False certificate, penally for making. 26. Suits against officers regulated. CHAP. 141] MANUFACTURING COMPANIES. 271 Section 27. Property of stockholders, how taken. '23. Creditors may have a bill in equity. 29. Stockholders may have contribution. 30. Officer liable may recover of com- pany. Section 31. List of stockholders kept in this State. 32. Service of process, how made. 33. Leorislature mav examine affairs. Section 1. All corporations established within this State on or after July 6, A. D. 1837, for the purpose of carrying on any kind of manufacture, and the officers and stockholders of every such corporation, may exercise the powers, shall be governed by the provisions and be subject to the liabilities in this chapter con- tained. Sec. 2. The business of every such manufacturing corporation shall be managed by the directors thereof, and such officers and agents as the company shall appoint ; and every such company shall liave a clerk and a treasurer. Sec. 3. The directors shall not be less than three in number, and shall be chosen annually by the stockholders at such time and place within this State, as shall be provided by the by-laws of the company, and shall hold their offices for one year and until others are chosen and qualified in their stead ; and one of the directors shall be chosen president either by the directors or by the com- pany, as shall be directed by the by-laws. Sec. 4. The clerk and treasurer shall also be chosen annually by the stockholders in manner aforesaid, and shall hold their offices until others are chosen and qualified in their stead ; the clerk shall be sworn to the faithful discharge of his duty, and shall record all the votes of the company in a book to be kept for that purpose, and perform such other duties as shall be assigned to him ; and the treasurer shall give bond, in such sum and with such sureties as shall be required by the by-laws, for the faithful discharge of his duty. Sec. 5. All other agents and officers of the company shall be chosen and appointed in such manner as shall be directed by the by-laws. Sec. 6. Every such company may make by-laws for their own regulation and government, with penalties for the breach theieof, not exceeding twenty dollars ; provided that such by-laws shall not be repugnant to the laws of this State. Sec. 7. The amount of the capital stock of any manufacturing company hereafter incorporated, shall be fixed and limited by the company, and shall be divided into shares at its first meeting, and a record thereof shall be made by the clerk. Sec. 8. The shares shall be numbered in progressive order, be- ginning at number one, and every stockholder shall have a certifi- cate signed by the treasurer, certifying his property in such shares. Sec. 9. Every such company may at any meeting called for that purpose, increase its capital stock and tlie number of shares 272 MANUFACTURING COMPANIES. [TITLE XVII. therein ; provided that the stock when so increased, shall not ex- ceed the amount authorized by law. Sec. 10. Any shares may be transfeiTed by the proprietor thereof by a deed under his hand and seal, and recorded by the clerk of the corporation in a book kept for that purpose ; and the purchaser named in such deed so recorded, shall on producing the same to the treasurer and delivering to him the former certificate, be enti- tled to a new certificate. Sec. 11. Every such company may from time to time, at any legal meeting called for that purpose, assess upon each share such sums of money as the company shall think proper, not exceeding in the whole the amount at which each share shall have been origi- nally limited, and such sums assessed shall be paid to the treasu- rer, within such time and by such instalments as the company shall direct. Sec 12. If the proprietor of any share shall neglect to pay any sum duly assessed thereon, for the space of thirty days after the time appointed for the payment thereof, the treasurer of the com- pany may sell by public auction a sufficient number of the shares of such delinquent proprietor, to pay all assessments then due from him, with all necessary and incidental charges. Sec. 13. The treasurer shall give notice of the time and place appointed for such sale, and of the sum due on each share, by ad- vertising the same three weeks successively before the sale in some newspaper printed in the county where the manufactory is estab- lished, if any is printed therein, otherwise in some adjoining coun- ty ; and a deed of the shares so sold, being made by the treasurer and recorded as before provided in this chapter, the purchaser shall be entitled to a certificate therefor. Sec. 14. All the members of every manufacturing company [incorporated] on or after the 6th day of July, 1837, shall be jointly and severally liable for all debts and contracts made by such com- pany, until the whole amount of the capital fixed and limited by the company in manner aforesaid, shall have been paid in, and a certificate thereof shall have been made and recorded, by the town clerk of the town where such manufactory is situated, in a book by him kept for that purpose. Sec 15. The president and directors, with the treasurer and clerk of each of the companies mentioned in this chapter, within thirty days after the payment of the last instalment of the capital stock so fixed and limited by the company, shall make a certificate stating the amount of the capital so fixed and paid in, which cer- tificate shall be signed and sworn to by the president, treasurer and clerk, and a majority of the directors; and they shall, within the said thirty days, cause the same to be recorded in the town clerk's office in the town whereni the manufactory is established. Sec 16. If any company sliall increase their capital stock as before provided in this chapter, the officers mentioned in the pre- CHAP. 141.] MANUFACTURING COMPANIES. 273 ceding section, within thirty days after the payment of the last instahnent of such additional stock, shall make a certificate of the amount so added and paid in, and sign and swear to the same, and cause it to be recorded in the manner provided in the preceding section. Sec. 17. If any of the said officers shall refuse or neglect to perform the duties required of them in the two preceding sections, they shall be jointly and severally liable for all debts of the com- pany contracted after the expiration of the said thirty days, and before such certificate shall be recorded as aforesaid. Sec. 18. Every such company may by vote, at any meeting called for that purpose, reduce its capital stock ; and in such case a certified copy of the vote shall, within thirty days after the passing thereof, be recorded in the town clerk's office in the town wherein the manufactory is established ; and in default thereof, the direc- tors of the company shall be jointly and severally liable for all debts of the company contracted after said thirty days, and before the recording of the copy of the vote as aforesaid. Sec 19. If any part of the capital stock of such company shall be withdrawn and refunded to the stockholders, before the pay- ment of all the debts of the company contracted previously to the recording of the copy of a vote for that purpose in the town clerk's office, as prescribed in the preceding sections, such of the stock- holders of the company as shall vote for or actually receive their share of the capital stock so withdrawn or refunded, shall be joint- ly and severally liable for the payment of the said last mentioned debts. Sec 20. Every such company shall give notice annually, in the first week of May, to the governor, of the amount of all assess- ments voted by the company and actually paid in, and the amount of all existing debts due to and from said company, and the value of the stock and goods on hand and unsold so far as the same can be ascertained, which notice shall be signed by the president and a majority of the directors ; and if any such company shall fail so to do, all the stockholders of the company shall be jointly and severally liable for all the debts of the company then existing, and for all that shall be contracted before such notice shall be given. Sec 21. If the directors of any such company shall declare and pay any dividend, when the company is insolvent, or any dividend the payment of which would render it insolvent, they shall be joint- ly and severally liable for all the debts of the company then ex- isting, and for all that shall be thereafter contracted, so long as they shall respectively continue in office ; provided that the amount for which they shall all be so liable, shall not exceed the amount of such dividend, and that if any of the directors shall be absent at the time of making the dividend, or shall object thereto and shall file their objection in writing with the clerk of the company, who shall record the same, they shall be exempted from the said liability. 35 274 MANUFACTURING COMPANIES. [tITLE XVII. Sec. 22. No note or obligation given by any stockholder, whe- ther secured by any pledge or otherwise, shall be considered as pay- ment of any part of the capital stock, and no loan of money shall be made by any such company to any stockholder therein ; and if any such loan shall be made to a stockholder, the officers who shall make it or who shall assent thereto, shall be jointly and seve- rally liable to the extent of such loan and interest, for all the debts of the company contracted before the payment of the sum so loaned. Sec. 23. The whole amount of the debts which any such com- pany shall at any time owe, shall not exceed the amount of its capital stock actually paid in, and the cost of its stock and manu- factured goods on hand and unsold ; and in case of any excess the directors under whoso administration it shall happen, shall be joint- ly and severally liable to the extent of such excess, for all the debts of the company then existing, and for all that shall be contracted so long as they shall respectively continue in office, and until the debts shall be reduced to the said amount of the capital stock. Sec. 24. Any of the directors who shall be absent at the time of contracting any debt, contrary to the foregoing provisions, or who shall object thereto, may exempt themselves from the said liability, by forthwith giving notice of the fact to the stockholders at a meeting Avhicli they may call for that purpose. Sec. 25. If any certificate made, or public notice given by the officers of any manufacturing company, in pursuance of the provi- sions of this chapter, shall be false in any material representation, all the officers who shall have signed the same, knowing it to be false, shall be jointly and severally liable for all the debts of the company, contracted while they were stockholders or officers thereof. Sec. 26. When any of the officers of any manufacturing com- pany shall be liable by the provisions of this chapter, to pay the debts of such company or any part thereof, any person to whom they shall be so liable, may have an action on the case against any one or more of the said officers, and the declaration in such action shall state the claims against the company, and the gromid on which the plaintitf expects to charge the defendant personally ; and such action may be brought notwithstanding the pendency of an action against the company, for the recovery of the same claim or demand, and both of the said actions may be prosecuted until the plaintiff shall obtain the payment of his debt and the cost of both actions. Sec. 27. When the stockholders of any manufacturing company shall be liable by the provisions of this chapter, to pay the debts of such company or any part thereof, their property may be taken therefor on any writ of attachment or execution issued against the company for such debt, in the same manner as on writs and execu- tions issued against them for their individual debts. Sec. 28. When any of the said officers or stockholders are liable, CHAP. 142.] RAILROAD CORrORATIONS. 275 as mentioned in the two preceding sections, for the debts of any- such company, the person to whom they are so liable, may instead of the proceedings mentioned in said two sections, have his remedy against the said officers or stockholders by a bill in equity in the superior court. Sec. 29. Any stockholder who shall, whether voluntarily or by compulsion, pay any debt of the company for which he is made liable by the provisions of this chapter, may recover the amount so paid in an action on the case against the company, in which action the property of the company only shall be liable to be taken, and not the property of any stockholder of the company ; or the person who shall have so paid such debt of the company, may have a bill in equity in the superior court for contribution against any one or more of the stockholders who were originally liable with him for the payment of the said debts, and may recover against each of them their just and equitable proportion thereof. Sec. 30. Any officer of a manufacturing company, who shall pay any debt of the company for which he is made liable by the provisions of this chapter, may recover the amount so paid in an action against the company for money paid for their use, in which action the property of the company only shall be liable to be taken, and not the property of any stockholder. Sec 31. When the treasurer of any manufacturing company within this State shall not be resident therein, a record of the ownership of the shares in such company shall be kept by the clerk thereof, and the said shares shall be liable to attachment, as the property of the person or persons who by such record shall, at the time of the attachment, appear to be the owner or owners thereof. Sec 32. The service of all process issuing from any court or civil magistrate in this State, either against the corporation or a stockholder, if made upon the clerk, shall be as valid to all intents and purposes as if made on the treasurer. Sec 33. The proceedings of any such corporation may be in- quired into and examined at any time, by a committee appointed by the legislature for that purpose, at the expense of said corpora- tion. CHAPTER 143. OF RAILROAD CORPORATIONS. Section ^ j Section 1. Land for railroad, not to be tiiken 3. Land may bt< purchased adjoining road. without consent of owner. 4. Bridges or gates nt road crossings. 2. Guardian may sell land, when. | 5. If not made, rails may l)c taken up. 276 RAILROAD CORPORATIONS. [title XVII. Section 6. Fences on railroads, how maintained. 7. Corporation may recover of person liable. 8. Damage by fire or steam, liability. Section 9. Corporation may insure against. 10. Corporation may contract with any other corporation for transporta- tion. Section 1. No railroad corporation shall take any land for the use of such corporation, without the consent of the owner thereof. Sec. 2. When the lands of any infant or other person under guardianship, shall be necessary for the construction of any rail- road in this State, the guardian of such infant or other person may sell and convey such land or any right therein, so far as the same may be necessary, to the corporation for whose use such land may be required for such railroad, with the approbation and license of the judge of probate for the county in which such guardianship is instituted, and not otherwise. Sec 3. Any railroad corporation may purchase and hold real estate lying near to or adjoining such road, and may convey the same, to an amount not exceeding five per cent, of its capital stock. Sec. 4, If any railroad shall intersect or cross any highway in any town in this State, such town may at any legal town meeting direct that such place of crossing or intersection shall be secured by a bridge over said road, or by the erection of gates on both sides of said highway, as the town may think expedient. Sec 5. If after due notice given of such vote to the clerk of s'lch railroad corporation, such corporation shall neglect for the space of six months to erect and complete, to the satisfaction of the selectmen of such town, such bridge or gates according to the vote of the town as aforesaid, the selectmen may remove or cause to be removed the rails from such railroad where it crosses such public highway, and no engine or car shall be permitted to run across such highway, until the vote of the town shall be complied with. Sec 6. If any railroad corporation shall neglect to keep a suffi- cient and lawful fence on each side of their road, any person against whose land such fence is insufficient, may notify the agent of such corporation thereof, and if such fence shall not be made sufficient within twenty days after such notice, the owner of such land may make or repair such fence, and may thereupon recover of said cor- poration in an action of assumpsit, double the amount necessarily expended in making or repairing the same as aforesaid ; provided, however, that the foregoing provisions of this section shall not ap- ply to any case, where such corporation shall have settled with and paid the owner of such land for building and maintaining such fence. Sec. 7. If any person having been thus settled with and paid for keeping any such fence in repair, shall neglect so to do, such rail- road corporation may make such repairs and recover the necessary <•xpen.se tiiereof of the person liable. CHAP. 143. COMMON LAiNDS. 277 Sec. 8. Every railroad corporation shall be liable for all damages which shall accrue to any person or property within this State, by fire or steam from any locomotive or other engine on such road. Sec. 9. Every such corporation shall have an insurable interest in all property situated on the line of such road, and exposed to damage as aforesaid, and may effect insurance thereon for the bene- fit of such corporation. Sec. 10. Any railroad corporation may contract with any other railroad corporation, for the transportation of freight or passengers, and the conducting of all business connected therewith on their road. CHAPTEII 143. OF THE PROPRIETORS OF COMMON LANDS. Section 1. Proprietors may make by-laws. 2. Meetings, where to be holden. 3. Officers, their choice and duties. 4. " where to reside. 5. Voting, right of, regulated. 6. Assessments may be made, how. 7. Warrant to be given to collector. 8. Notice of assessment, how given. 9. If assessment unpaid, right may be sold. 10. Mode of sale and conveyance. 11. Sales, where to be made. 12. Share of delinquent only to be sold. 13. Redemption, time and mode of. 14. If not redeemed, deed to be given. Section 15. Ratification of grants and votes. 16. Clerk to furnish copies of votes. 17. Proprietary records to be lodged with town clerk, when. 18. If concerning two towns, to be lodg- ed in the oldest town. 19. To be lodged with secretary, when. 20. When may be recalled by town. 21 . Penalty for wilfully retaining records. 22. Copies of records, how certified. 23. Effect of such copies as evidence. 24. Fees for copies. 25. Penalty for neglect to make copies. 26. Penalty for destroying records. 27. Meetings of Masonian proprietors. Section 1. The proprietors of common lands in any town in this State, at any legal meeting thereof, may provide a mode for calling future meetings, choosing officers, laying assessments and transacting all other business concerning such propriety, and may establish by-laws therefor. Sec 2. All proprietary meetings and adjournments thereof, for any town having fifty or more families settled and resident therein, shall be holden in such town ; and for all towns having a less num- ber of families settled therein, in the nearest town in the same county having such number, or in the shire town of the county. Sec 3. At any legal meeting holden for that purpose, said pro- prietors may choose a clerk and treasurer, and such other officers as they shall deem necessary to manage the affairs of such proprie- ty, and prescribe their powers and duties, which officers shall be 278 COMMON LANDS. [tITLE XVII. sworn to the faithful discharge of their respect iv-^e duties, and shall hold such oflices until others are duly chosen and qualified in their stead. Sec. 4. All proprietary officers aforesaid shall be inhabitants of this State, and if any such officer shall cease to be such inhabitant, his said office shall thereupon cease. The proprietors' clerk for each town liaving fifty or more families, shall reside in such town. Sec. 5. Each proprietor at any proprietary meeting shall be en- titled to vote upon the shares by him held, as follows ; for two shares or less, one vote each ; for all shares not exceeding ten, one vote for two shares ; for every four shares exceeding ten and not exceeding thirty, one vote ; for every six shares exceeding thirty and not exceeding sixty, one vote ; and for every eight shares ex- ceeding sixty, one vote. If two or more persons are the joint proprietors of one or more shares, they or any one of them may vote according to their interest therein in the same manner. Sec. 6. Said proprietors at any legal meeting may vote to raise such sum of money, as may be necessary to defray all proprietary charges, and choose persons to assess and collect the same, and the. interest and estate of every proprietor in all the lands lying in common and not in severalty, shall be liable to pay such assess- ment. Sec. 7. The assessors shall apportion such assessment among the original rights of the proprietors thereof, and commit the list thereof to the collector with a warrant or precept under seal setting forth his duty, the time for completing the collection, and to whom the money is to be paid. Sec 8. The collector shall give notice of such assessments and of the time and place of payment thereof, and that, if the same are not paid accordingly, the money will be levied by the sale of so much of the interest and property of each delincjuent proprietor, as will pay the same and all expenses, by publishing such notice in the New Hampshire Patriot and State Gazette three weeks suc- cessively, the last publication of which shall be fourteen days at least before the day fixed therein for the payment of such assess- ments, and by posting up a like notice in the town or place wherein said lands lie, (if within any settled town,) five weeks at least before said day of payment, the expense of which shall be paid by said proprietors. Sec. 9. If such assessment' shall not be paid by any proprietor at the time specified in such notice, the collector shall advertise for sale so much of the delinquent proprietor's land or right, as will pay said assessment and all incidental expenses, to be sold at public auction to the highest bidder at such time and place as shall be therein specified, by publishing the notice of such sale, together with the name of the proprietor and the amount of the assessment, in the newspaper aforesaid, three weeks successively, the last publi- cation of Avliich sliall be seven days at least before the day of salc^ CHAP. 143.] COMMON LANDS. 279 and by posting up a like advertisement for the same space of time in the town wherein said land lies, if such town is settled. Sec. 10. If snch assessment and all incidental charges shall not be paid at or before the time of sale, the collector shall proceed to make sale, at pnblic anction, of so much of said delinquent's land or right as will pay the same and incidental charges as aforesaid. Sec. 11. All such auctions shall be holden in the same town in which the proprietors' meetings are required to be holden as afore- said, and shall take place between the hours of ten in the forenoon and six in the afternoon. Sec. 12. If more than one person is interested in any right or share, and any such part owner shall be delinquent in the payment of any assessment as aforesaid, his interest in such right or share may be sold in the manner herein-before provided. Sec. 13. Each proprietor of lands or rights so sold, his heirs or any person interested therein, may redeem the same at any time within one year from the sale thereof by paying or tendering to the collector, his executor or administrator, or in his absence at the usual place of abode of said collector, his executor or administrator, a sum of money equal to such assessment and the incidental charges of such sale, and twelve per cent, per annum interest thereon from said day of sale, which shall be for the benefit of the purchaser. Sec. 14. If said lands or rights shall not be redeemed within one year from said day of sale as aforesaid, the collector shall exe- cute to the purchaser thereof a good and valid deed of conveyance thereof; but no such deed shall be executed until the time of redemption has expired. If any proprietors' collector shall die, remove from the State, or in any way be rendered incapable of completing the duty of his said office, his successors respectively may complete the same. Sec. 15. Said proprietors at any legal meeting may confirm, ratif}^ and establish any grants, conveyances, votes and transactions by them designed and intended to be made, done, performed or trans- acted agreeably to such design, intention and aim, notwithstanding any want of legal form or proper terms or any defect in relation thereto. Sec. 16. Every proprietors' clerk, upon payment or tender of the fees therefor, shall furnish to any person applying, a true and at- tested copy of any proprietary record in his possession. Sec. 17. If in any town having fifty families or more settled there- in, there is no clerk of the proprietors of the common lands lying in such town, residing therein, the town clerk thereof shall demand and receive the proprietary records of any person having the pos- session thereof, and shall keep the same with the records of such town, and any person having possession thereof shall deliver the same to such town clerk. Sec. is. If such proprietary records relate to lands lying in more towns than one, they shall be deposited in the office of the town 280 COMMON LANDS. [TITLE XVII. clerk of the town first incorporated, or in the office of the secretary of state. Sec. 19. When the propriety of any town in this State is dis- solved, or when the meeting of the proprietors of any common and undivided lands shall be dissolved and the clerk thereof shall resign, decease, or become incapacitated, any person, the town clerk of any town having fifty or more families excepted, having in his pos- session any record or document appertaining to such propriety, shall file and deposit it with the secretary of state who may demand and receive the same. Sec. 20. Whenever there shall be fifty families in any such town, and such town shall vote that the town clerk shall keep such records and documents, or whenever the proprietors shall duly appoint a clerk thereof, the secretary shall deliver to such town clerk or proprietors' clerk, on demand, the records and documents to him belonging, taking his receipt therefor. Sec. 21. If any person shall wilfully retain or keep any records or documents appertaining to the propriety of any common and undivided lands, contrary to the provisions of the four preceding sections, he shall forfeit for each offence one hundred dollars, to the use of any person who will sue therefor, or be punished by fine not exceeding five hundred dollars. Sec 22. While the records and documents aforesaid are in pos- session of the secretary of state, or of any town clerk, he shall make out, certify and deliver copies of any part thereof when there- to required, upon the payment or tender of the legal fees therefor. Sec. 23. All copies of the records and documents aforesaid, when made and certified as aforesaid, shall be as effectual to all intents and purposes as copies by other certifying officers. Sec 24. The fees for any copies aforesaid shall be the same as are by law allov/ed to clerks of the court of common pleas for copies. Sec 25. If the secretary of state or any town or proprietors' clerk shall refuse or neglect, within a reasonable time after the payment or tender of his fees therefor, to make out, certify and deliver to any person a copy of any such record or document in his possession, he shall forfeit one hundred dollars to any person who will sue therefor, and be liable for all damages sustained by such neglect or refusal. Sec 26. If any person shall wilfully destroy any proprietary record or document, or shall aid therein, or shall carry or aid in carrying any such record or document out of this State, he shall be liable for damages to any person injured thereby, and such offence shall be a misdemeanor for which the offender may be indicted and punished accordingly. Sec 27. The owners of the common and undivided lands in this State purchased of John Tufton Mason deceased, commonly called the Masonian proprietors, may hold their proprietary meetings at CHAP. 144] RELIGIOUS SOCIETIES. 281 Portsmouth iii this State for transacting any business relating to said propriety ; and all votes, acts and doings of said proprietors at such meetings passed, done or transacted, shall be as valid for all purposes as if passed, done or transacted at a meeting duly holden in the town or county in which the lands to which such votes, acts or doings relate, are situated. Such meetings, except as to the place of holding the same, shall be holden agreeably to the provisions of the laws regulating proprietors' meetings. CHAPTER 144. OF RELIGIOUS SOCIETIES. Section 1. Religious societies, how formed. 2. Powers and rights of such society. 3. Society may make by-laws. 4. Members may leave at pleasure. 5. Assessments made and collected. 6. Parishes may appoint agents. 7. Donations to unincorporated society, how holden. 8. Church officers may take, when Section 9. Ministers of, when deemed officers. 10. Minister may hold parsonage. 11. Conveyance by society, when valid. 12. " by minister, when valid. 13. Committee, their choice and powers. 14. Income of property limited. 15. Society of Friends, property how held by. Section 1. Any persons may associate themselves together by written articles signed by each member, form a religious society, assume a corporate name, and choose a clerk who shall be duly sworn ; and having recorded their proceedings, name and intentions in a book of records to be kept by said clerk, and having published the same in some newspaper, if any there be, in the county in which such society is formed, otherwise in some adjoining county, they shall be constituted and become a body politic and corporate. Sec. 2. Such corporation shall possess and enjoy all the powers, privileges and immunities, and shall be subject to all the liabilities incident to corporations of a similar nature ; may take, hold and possess by purchase, gift, grant, devise or otherwise, any real or personal estate for the purpose of erecting and keeping in repair a house of public worship, a parsonage house and other buildings necessarily connected therewith, and for supporting the ministry in such society ; and may improve, sell, convey and dispose of the same for the sole use and benefit of such society ; provided that the annual value or income of all the estate of such society shall not exceed two thousand dollars. Sec 3. Such society may have and use a common seal, and may alter and renew the same at pleasure ; may provide for the calling and holding of meetings and the admission of members ; may 3G 282 RELIGIOUS SOCIETIES. [TITLE XVII. choose all necessary officers and prescribe their duties, and make all by-laws and regulations, not repugnant to the laws of this State, which may be deemed necessary or expedient for the due govern- ment of such society, and the jiroper management of its funds. Sec. 4. No person shall be compelled to join or support any such society, without his express consent first had and obtained, and any person may separate from any such society, by leaving with the clerk thereof a written notice by him signed, of his intention so to separate, and paying all legal assessments and arrearages from him then due to such society. Sec. 5. Such society, at any legal meeting notified and holden for that purpose, may assess and raise money by taxes upon the polls and ratable estates of the members thereof, and may collect and appropriate the same for the purposes aforesaid, and the assess- ors and collectors, in assessing and collecting any such tax, shall have the same powers and be subject to the same penalties as sim- ilar town officers in like cases. Sec. 6. The members of every parish and religious society may by vote appoint one or more agents or attorneys, to appear for and represent them in any suit at law, and upon any other occasion. Sec 7. In case any donation, gift or grant shall be made to any unincorporated religious society, such society shall have the like power to manage, use and employ the same, according to the terms and conditions on which the same may be made, as incorporated societies now have or may hereafter have by law ; to elect suitable trustees, agents or officers therefor ; and to prosecute and sue for any right which may vest in them in consequence of such dona- tion, gift or grant; and such society shall be a corporation, so far as may be necessary for the purposes expressed in this section ; provided that the income of the donations, gifts or grants to any one of such unincorporated religious societies, shall not exceed the sum of two thousand dollars a year. Sec. 8. The trustees, deacons, church wardens or other similar officers of all churches or religious societies, if citizens of the United States, shall be deemed bodies corporate for the purposes of taking and holding, in succession, all grants and donations, whether of real or personal estate, made either to them and their successors, or to their respective churches, or to the poor of their churches. Sec 9. In all cases where the ministers, elders or vestry of any church shall, in the grants and donations mentioned in the pre- ceding section, hav^e been joined witli such deacons or church wardens, as donees or grantees, such officers and their successors, together with the deacons or church wardens, shall be deemed the corporation for the purposes of such grants and donations. Sec 10. The minister of every church or religious society of whatever denomination, if a citizen of the United States, shall be capable of taking in succession any parsonage land granted to the minister and his successors, or to the use of the ministers, or grant- CHAP. 145.] VOLUNTARY ASSOCIATIONS, 283 ed by any words of the like import, and may prosecute and defend in all actions touching the same. Sec. 11. No conveyance of the lands of any church shall be effectual to pass the same, if made by the trustees or deacons with- out the consent of the church or of a committee of the church ap- pointed for that purpose, or if made by the church wardens, without the consent of the vestry. Sec. 12. No conveyance made by any minister of lands held by him in succession, shall be valid any longer than he shall continue to be such minister, unless such conveyance shall be made with the consent of the town, parish or religious society of which he is minister, or unless he be a minister of an episcopal church and shall make the conveyance with the consent of the vestry. Sec. 13. The several churches other than those of the episcopal denomination, are authorized to choose committees for the purpose of settling the accounts of the trustees, deacons and other church officers, and, if necessary, to commence and prosecute any suits in the name of the church against the said trustees, deacons or other officers, touching the same. Sec 14. The income of any such grant or donation made to or for the use of any church, shall not exceed the sum of two thou- sand dollars a year., exclusive of the income of any parsonage lands granted to or for the use of the ministry. Sec 15. The overseers of each monthly meeting of the people called Friends or (Quakers, shall be a body corporate for the pur- pose of taking and holding in succession, all grants and donations of real or personal estate made to the use of such meeting, or to the use of any preparative meeting belonging thereto, and to alien or manage such real and personal estate according to the terms and conditions of the grants and donations, and to prosecute and defend in any action touching the same ; provided that the income of the grants and donations to any one of such meetings, for the uses aforesaid, shall not exceed the sum of five thousand dollars a year. CHAPTEK 145. OF VOLUNTARY ASSOCIATIONS. Section 1. Voluntary associations, for what pur- poses may be formed. 2. Voluntary association, how formed. 3. Meetings, how called and holden. 4. Name of association assumed. 5. Notice thereof to be published. 6. By-laws, how adopted. Section 7. Powers of such associations. 8. Property of association limited. 9. Money raised as agreed upon. 10. Stock may be divided into shares. 11. Assessments, how made and collected. 12. Records, how kept and used. 13. Members personally liable. 284 VOLUiMARY ASSOCIATIOiNS. [XITLE XVII. Section 1. Any persons may voluntarily associate themselves together, and have all the powers of a corporation, for either of the following purposes : First, To establish and maintain literary and scientific institu- tions ; Second, To promote knowledge and skill among the members by the establishment of a library, lyceum, musical, agricultural, literary or scientific association ; Third, To supply any place with water by means of an aque- duct ; Fourth, To organize a fire engine company or a mutual fire insurance company ; Fifth, To provide, hold and keep in repair suitable grounds and other conveniences for the burial of the dead, or for a public walk or common. Sec 2. Every such association shall be formed by written arti- cles specifying the objects of the association, and the conditions on which it is formed, and subscribed by each member thereof. Sec. 3. The first meeting shall be notified, organized and hold- en in the manner prescribed in the articles of association. Sec. 4. Any such association may adopt a corporate name, either in the original articles or by vote at the first meeting thereof, and may at any regular meeting adopt a corporate seal, and alter the same at pleasure. Sec. 5. Every such corporation shall give public notice of its formation, name and object, by publishing such notice three weeks successively in some newspaper printed in the county in which such association is formed, or if no paper is published in such county, then in some adjoining comity, and also by posting a like notice in one or more public places in the town in which such association is formed and located. Sec. 6. Any such corporation when organized, may adopt all such by-laws and regulations as may be thought expedient, not repugnant to the laws of this State : First, To regulate the mode of notifying, and the times and places of holding the meetings thereof; Second, To regulate the number of officers of the corporation, their powers and duties, and the mode of choosing them ; Third, To provide the mode of admitting and discharging mem- bers ; Fourth, To provide for the laying of assessments, and for sell- ing or forfeiting the rights or shares of members for the non-pay- ment thereof: Fifth, And all other by-laws and regulations necessary in promo- ting the object of the association. Sec. 7. Every such corporation, when organized, may sue and be sued, may appear, prosecute and defend to final judgment and execution in any court, and may purchase and hold, lease or CHAP. MG] CORPORATIONS — GENERAL PROVISIONS. 285 convey real or personal estate necessary to promote the objects of the association, and which shall be devoted exclusively to such object. Sec. 8. Tlie annual value or income of the property of any such corporation shall not exceed at any time the amomit of one thousand dollars. Sec. 9. Any such corporation may raise money of its members in any manner agreed upon by the articles of association. Sec. 10. Such corporations may by their articles of association or by-laws, or by vote, divide their stock or corporate property into shares, and determine the terms on which, and the manner in which such shares shall be holden and conveyed. Sec. 11. When the stock or corporate property shall be so divi- ded into shares, any such corporation at any legal meeting notified for that purpose, may raise money by assessment on the shares or rights of the members in proportion to their several interests, and the payment of such assessments may be enforced by the sale or forfeiture of the estate of any member in such corporation, in such manner as the corporation may provide, but no other estate of such member shall be liable therefor. Sec. 12. The clerk or secretary of every such corporation shall keep a fair record of all the proceedings of such corporation, in a book provided for that purpose ; and such records may be read in evidence in any court in any case where the interests of such cor- poration are concerned. Sec 13. Every member of such corporation shall be personally liable for the debts thereof lawfully contracted, and may have con- tribution from the other members thereof for all payments so made by him on account of the corporation, either by action for money paid or by a bill in equity at his election. GENERAL PROVISIONS RESPECTING CORPORATIONS. Section 1. Liability of stockholders. 2. Actions, how to be brought. 3. Demand of payment to be made. 4. Form of declaration. .5. Stockholders to have contribution. 6. List of stockholders to be lodged with town clerk. 7. Transfer of stock, when valid to re- lease personal liability. 8. Duties and fees of town clerk. Section 9. Such record or copy, when evidence. 10. Penalty for neglect to lodge list. 11. Loss of meeting, how supplied. 12. Mode of calling new meeting. 13. Clerk and cashier to be inhabitants of State, and to be sworn. 14. Number of directors fixed; cashier not to be director. 15. Records to be open to inspection. 16. Copies of records to be furnished. 286 CORPORATIONS GENERAL PROVISIONS. [TITLE XVII. Section 17. Fees of clerk for copies. 18. Bank debts and credits examined. 19. Penalty for neglect to furnish copy. 20. Voting by proxy regulated. 21. Penalty for fraudulent voting. 22. Administrators, guardians, «&c., their rights and liabilities. Section 23. Charter expiring, three years allowed to wind up business. 24. Annual meeting may be changed. 25. Penalty on officers for wilful viola- tions of law. 26. Charters amendable by legislature. 27. When this chapter takes effect. Section 1. In addition to the liabilities of incorporated compa- nies in their corporate capacity, the stockholders of any such company having for its object a dividend of profits among its stockholders, which shall hereafter be incorporated or have its charter renewed, and the stockholders of any such company heretofore incorporated, whose charter is by law subject to altera- tion, amendment or repeal, shall be personally holden to pay the debts and civil liabilities of such company hereafter contracted or incurred, in the same manner and to the same extent as though the stock were owned, and the business transacted by the stockholders as unincorporated copartners, subject however to the exceptions and modifications hereinafter provided for. Sec. 2. Proper actions of debt or assumpsit, for the collection of such debts or liabilities, may be commenced and prosecuted against any one or more of said stockholders, and such actions shall not be abated for the reason that the other stockholders are not joined as defendants in such suits. Sec. 3. No suit against any stockholder, for the collection of any such debt or liability, shall be commenced until after a legal demand of payment thereof shall have been made upon the com- pany ; and upon such demand being made, if the oflicers or stock- holders of such company shall discharge such debt or liability, or expose unincumbered personal property of such company, liable to attachment, sufficient to satisfy such debt or liability and costs, so that the same may be attached in a suit against such company for the security of such debt or liability, then no suit shall be sustain- ed thereon against the stockholders : and whenever the officers or stockholders of any such company upon which such demand shall have been made, shall not satisfy such debt or liability or ex- pose such property as aforesaid, it shall be the duty of such officers forthwith to call a meeting of the stockholders of such company, and such company when so met shall provide means for the pay- ment of such debt or liability, either by assessments upon the stock- holders or otherwise, within sixty days from the time when such demand was made ; and if such debt or liability shall not be dis- charged within said sixty days, a suit may be sustained against the stockholders as is provided in the preceding section ; and if the officer or officers whose duty it may be to call such meeting, shall unreasonably neglect to call the same, they shall severally forfeit CHAP. 146] CORPORATIONS GENERAL PROVISIONS. 287 the sum of one thousand dollars, to be recovered in au action of debt by any person injured thereby. Sec. 4. When any action shall be commenced against the stock- holders of any bank, for recovering the amount of any bank bills issued by such bank, a declaration may be so framed as to embrace in the same count any number of such bills ; and averments that such bills issued from and were put in circulation by such bank, and that the plaintiff was, prior to and at the time of the demands of payment above required, and still is the holder of the same, and a general statement of the denominations of such bills, giving the number of bills of each denomination, shall be a sufficient setting forth in the declaration of the liability of the bank to pay or redeem such bills, and a sufficient description of the bills ; and one suit only shall be commenced by any person against any stock- holder, for recovering the amount of all the bills holden by him at the time of commencing any such suit ; and the stockholders so sued may be described in the writ or declaration as stockholders of such bank, and by their names and places of residence, which shall be sufficient without any further description or addition whatever. Sec. 5. When any stockholder of such company shall have voluntarily paid any such debt or liability, after such demands, or when any such stockholder shall have been compelled by suit to pay any such debt or liability out of his own private property, he may have contribution from the other stockholders of such com- pany for all payments so made by him, either by action for money paid, laid out and expended, or by a bill in equity at his election. Sec. 6. Every such company hereafter created, within five days from the time when it shall be organized for business, shall cause to be delivered to the town clerk of the town in which the com- pany has its principal place of business, or left at his dwelling house a list of the names and places of residence of all its stock- holders, the number of shares owned by each, and the amount of capital actually paid in, in cash, by each stockholder, certified under oath by the cashier, clerk or one of the directors of the company to be a full and correct list thereof. Sec. 7. From and after the time in which such list is required to be so left, no sale, transfer or assignment by any stockholder of his stock, shares or interest in the capital of such company, shall be good and effectual for the purpose of exonerating him from his personal responsibility, for the debts and liabilities of such com- pany afterwards contracted or incurred, unless the same be in wri- ting and recorded in the office of the town clerk of the town in which such principal place of business is located. Sec 8. It shall be the duty of every such town clerk to record and keep on file all such lists, and to record all deeds and instru- ments of sale, transfer and assignment of such stock, shares or interest, which may come to his hands for that purpose, for which service he shall be entitled to receive from the person or corpora- 288 CORPORATIONS GENERAL PROVISIONS. [tITLE XVII. tion requiring the service to be performed, the same fees allowed by law for recording mortgages of personal property. Sec. 9. The record made as aforesaid of aiiy such list, deed or instrument, or a copy thereof certified by the town clerk of the town in which the same is recorded, shall be evidence in any action brought by the creditors of any such company against its stock- holders, agreeably to the provisions of this chapter. Sec. 10. If any such company shall neglect to deliver, or cause to be delivered or left as aforesaid, the list or lists aforesaid, the company so neglecting shall forfeit for each day it shall so neglect, the sum of ten dollars, to be recovered by any person who will sue for the same. Sec. 11. If any corporation other than a town shall fail to hold its annual meeting, or if no mode of calling a special meeting of such body politic or corporate is prescribed, the owner or owners of one twentieth part of the stock or property thereof, may apply in wri- ting to any justice of the peace, which application shall state the time, place and purposes of such meeting, to call a meeting of the members of said corporation. Sec. 12. Such justice shall thereupon issue his warrant directed to any one of said applicants, requiring him to warn a meeting of such corporation, to meet at the time and place and for the pur- poses mentioned in such application, by publishing a copy of such ajjplication and warrant fourteen days, in the same manner as is provided for warning the annual meeting of said corporation, and such meeting and all business done thereat, shall be as valid as if held and done according to the charter and by-laws of such body corporate. Sec 13. No person shall be eligible to the ofllce of clerk or cashier of any corporation, unless he is an inhabitant of this State, and every such clerk or cashier shall be sworn to the faithful dis- charge of his duties. Sec. 14. The directors of any banking or railroad company shall not be less than five in number, and no cashier of any bank shall at the same time be a director thereof. Sec. 15. The books of records of the votes and proceedings of any corporation in this State, including the books of the credits and debts of any bank and of the })roceedings of the directors thereof, and also all evidences of debts due such bank, shall be subject to the inspection of every member or stockholder. Sec. 16. The clerk of any corporation, when required by any member or stockholder, or any creditor thereof whose demand is due, on payment or tender of the fees therefor, shall furnish a cer- tified copy of any vote or record of such corporation which may be demanded. Sec. 17. The fees for all copies furnished as aforesaid, shall be the same as are allowed to clerks of courts for making and certify- ing copies of records. CHAP. 146] CORPORATIONS — GENERAL PROVISIONS, 289 Sec. 18. The stockholders of any bank, at any legal meeting foi that purpose, may give to any person the right of inspecting the books of the debts and credits, or of the proceedings of the direct- ors of such bank, and of demanding copies thereof. Sec. 19. If any clerk of any corporation after a demand of a copy of any record aforesaid, and the payment or tender of the fees therefor, shall neglect or refuse for the space of seven days to fiu-nish such copy, he shall forfeit for such offence a sum not ex- ceeding one thousand dollars, to any member, stockholder or creditor who shall have demanded such copy. Sec. 20. No member of any corporation in this State shall vote at any meeting thereof by proxy ; and each member present at any such meeting may give one vote for every share of which he is the bona fide and absolute owner, not exceeding ten, and one vote for every two shares of which he is such owner, over ten and not exceeding twenty, and no more. Sec. 21. If any person shall fraudulently vote upon any share of which he is not the bona fide and absolute owner, or shall fraudulently procure or receive the transfer of any share for the purpose of voting thereon, he shall be punished by imprisonment not exceeding one year, or by fine not less than five hundred dol- lars, or by both ; but any person holding stock in any corporation as executor, administrator, guardian or trustee, shall represent the shares or stock in his hands at all meetings of the corporation, and may vote as stockholder, and any person who shall have pledged his stock as collateral security, may represent the same at such meetings, and may vote as a stockholder. Sec. 22. No person holding stock as executor, administrator, guardian or trustee as aforesaid, and no person holding such stock as collateral security, shall be personally subject to any liabilities as a stockholder of such corporation ; but the person pledging such stock shall be liable as a stockholder, and the estate and funds in the hands of such executor, administrator, guardian or trustee shall be liable in his hands in like manner, and to the same extent, as the deceased testator or intestate, or the ward or the person inte- rested in such trust fund, would have been if he had been living and competent to act, and had held the same stock in his own name. Sec. 23. Any corporation whose powers may expire by express limitation or otherwise, on any day, may continue to be a body cor- porate for the space of three years thereafter, for the purpose of prosecuting and defending suits, of receiving, holding, conveymg or transferring any estate real or personal, and of gradually closing and settling the concerns and dividing the capital stock of such body corporate, but not for continuing the business for which such corporation was established. Sec. 24. Any corporation may, at any annual meeting thereof, alter the time of holding its annual meeting. 37 290 DOMESTIC RELATIONS MARRIAGE. [tITLE XVIII, Sec. 25. Any president, director or cashier of any bank, or any director, trustee or agent of any other corporation who shall wilfully or fraudulently violate any of the provisions of this chapter, or of either of the preceding chapters of this title, shall upon conviction thereof be punished by confinement to hard labor not exceeding five years ; or by fine not exceeding five thousand dollars, for each and every violation thereof, one half to the use of the prosecutor and the remainder to the use of the State. Sec. 26. The legislature may alter, amend or repeal the charter of any corporation or any law relating to corporations, whenever in their opinion the public good shall require the same ; but such alter- ation, amendment or repeal shall not take away or impair any remedy given against such corporation, its members or officers, for any liability which shall have been previously incurred. Sec. 27. The provisions of this chapter shall not take effect, until after the expiration of six calendar months from the day of its approval by the governor. TITLE XVIII. OF THE DOMESTIC RELATIONS. Chapter 147. Of marriage. Chapter 148. Of divorce. Chapter 149. Of husband and wife. Chapter 150. Of guardian and ward. Chapter 151. Of masters, apprentices and servants. CHAPTER 147. OF MARRIAGE. Section 1. Men forbidden to marry, whom. 2. Women forbidden to marry, whom. 3. Such marriages incestuous and void. 4. Banns must be published. 5. Certificate of publishment given. 6. Who may solemnize marriages. 7. Fees for solemnizing marriages. Section 8. Not to aflFect marriage of Quakers. 9. Certificates of marriage to be return- ed to town clerk. 10. Town clerks shall record the same. 11. Penalty for not returning or record- ing such certificates. CHAP. 147.J MARRIAGE. 291 Section 12. Penalty for solemnizing a marriage not authorized. 13. Penalty for solemnizing marriage by person not authorized. Section 14. Copy of record of marriage to be presumptive evidence thereof. 15. Marriages not void though irregular. 16. Age of consent in females 12 ; in males, 14. Section 1. No man shall marry his father's sister, mother's sister, father's widow, wife's mother, daughter, wife's daughter, son's widow, sister, son's daughter, daughter's daughter, son's son's widow, daughter's son's widow, brother's daughter or sister's daughter. Sec. 2. No woman shall marry her father's brother, mother's brother, mother's husband, husband's father, son, husband's son, daughter's husband, brother, son's son, daughter's son, son's daugh- ter's husband, daughter's daughter's husband, brother's son or sister's son. Sec. 3. Every marriage contract by parties within the degrees prohibited by the two preceding sections, is incestuous and void, and the issue of such marriage illegitimate. Sec. 4. All persons residing in this State, proposing to be joined in marriage, shall have their intention published on three several public meeting days, in the respective towns where the parties dwell, by the clerks of such towns. If either party lives in a toAvn where there is no clerk, such publishment shall be made in some town next adjoining. Sec. 5. Such town clerk shall give to either of said parties a certificate, under his hand, that the intention of marriage between said parties has been published as is above provided, which certifi- cate shall be produced to the magistrate or minister who is to marry said parties, before such marriage is solemnized ; for which certifi- cate said clerk shall receive fifty cents. Sec. 6. Marriages may be solemnized by any justice of the peace, within any county for which he is commissioned, and throughout the State by any minister of the gospel who has been ordained according to the usages of his denomination, and who resides within this State and is in regular standing with the de- nomination to which he belongs. Sec. 7. The persons so joined in marriage by any minister or justice shall pay such minister or justice one dollar. Sec. 8. Nothing contained in this chapter shall affect the right of the people called Friends or Quakers, to solemnize marriages in the way usually practiced in their meetings, but all marriages so solemnized shall be valid. Sec. 9. Every justice, minister or clerk of the people called Friends, shall make and keep a particular record of all marriages solemnized before them respectively. Every minister who solem- nizes any marriage out of the county in which he dwells, shall return to the clerk of the town in which such marriage is solem- 292 MARRIAGE. [TITLE XVIII. nized, within thirty days, and every other mniister, justice or clerk of the people called Friends aforesaid, shall return to the clerk of the town in which he lives, in the month of March in each year, a copy of such record, containing the christian and surnames of all persons who have been joined in marriage by or before him since his last return^ the place of abode of each and the date of such marriage. Sec. 10. Every town clerk shall record, in the book of records of such town, every certificate of marriage returned to him as aforesaid, and shall receive from the town six cents for each mar- riage so returned, as a fee for recording the same. Sec. 11. If any justice, minister or clerk of the people called Friends, shall neglect to make return of any marriage by or before him solemnized, according to the provisions of this chapter, or if the clerk of any town or place shall neglect to record the same, he shall forfeit for each offence five dollars to any person Avho will sue therefor. Sec. 12. If any minister or justice of the peace shall, without a certificate of publishment as herein-before provided, or shall, con- trary to the provisions of this chapter, join any persons in marriage, he shall forfeit for each ofi"ence sixty dollars to the use of the pa- rent, master or guardian of either of the parties who will first sue therefor. Sec. 13. If any person not authorized by this chapter to solem- nize marriages, shall join any persons in marriage with or without publishment, he shall be punished by fine not less than one hun- dred nor more than three hundred dollars, one half to the use of the complainant and the other half to the use of the county in which the offence is committed. Sec 14. A copy of the record of any marriage, certified by any such minister, justice, clerk of the people called Friends, or town clerk, shall be received in all courts and places as evidence of the fact of such marriage. Sec. 15. No marriage solemnized before any person professing to be a justice "of the peace or minister of the gospel, shall be void, nor shall its validity be in any way affected, on account of any want of jurisdiction or authority in such supposed justice or luinis- ter, or on account of any omission or informality in the publication of the intention of marriage, if the marriage is in other respects lawful, and consummated with the belief on the part of either of the parties to the marriage, that they have been lawfully married. Sec 16. The age of consent shall be deemed to be, in the case of a femzde, twelve years, and in the case of a male, fourteen years. CHAP. 148.] DIVORCE. 293 CHAPTER 148. OF DIVORCE. Section 1. Marriages, when null and void. 2. Decree of nullity, how obtained. 3. Causes of divorce. 4. When such cause is complete. 5. Not granted unless cause still exists. 6. Libels, where to be brought. 7. " to state cause of divorce. 8. Guardian for libellee, how appointed. 9. Marriage, how proved. Section 10. During pendency of libel, wife and children how protected, 11. Legitimacy of children, how affected. 12. Support and custody of children. 13. Alimony decreed to the wife. 14. Decree of alimony, how made. 15. Security for payment required. 16. Decree may be revised, and costs awarded. Section 1. All marriages prohibited by law on account of the consanguinity or affinity of the parties, or where either has a former wife or husband living, knowing such wife or husband to be alive, shall, if solemnized in this State, be absolutely void with- out any decree of divorce or other legal process. Sec. 2. If any doubt exists in any case whether any marriage, is void, or as to the effect of any former decree of divorce or nullity between the parties, a libel may be filed as in other cases, and a decree of divorce or nullity pronounced accordingly. Sec. 3. A divorce from the bond of matrimony shall be decreed for the following causes, in favor of the innocent party : for impo- tency, adultery, extreme cruelty, or conviction of crime and actual imprisonment in the state prison of either party ; when either party has so treated or shall so treat the other as seriously to injure health or endanger reason ; or has been absent three years together and has not been heard of; or is an habitual drunkard, and has been or shall have been such for three years together ; or shall have joined any religious sect or society which professes to believe the relation of husband and wife to be unlawful, and refused to cohabit with such other for the space of three years ; when the husband shall have willingly absented himself from the wife for the space of three years together, without making suitable provision for her support and maintenance ; or when the wife of any alien or citizen of another state, living separate, shall have resided in this State for three years together, he having left the United States with the intention of becoming a citizen of some foreign country, and not having during that time come into this State and claimed his marital rights, and without making suitable provision for her support and maintenance ; when either party, without sufficient cause and with- out the consent of the other, shall have abandoned such other and refused for three years together to cohabit with such other. Sec. 4. If any cause exist which, if it continue for the space 294 DIVORCE. [title XVlll. of time prescribed in the preceding section, will be a cause of divorce, and such cause shall continue to exist for such further space of time as together to constitute the time so prescribed, or if such cause has already existed for the time so prescribed, and shall con- tinue for the further space of not less than one month, it shall be a sufficient cause of divorce. Sec. 5. No divorce shall be granted for any cause except adul- tery, unless such cause shall be in existence at the time of filing the petition for such divorce. Sec. 6. All libels for divorce shall be brought in the comity in which the parties or one of them live, and before the superior court of judicature holden in and for such county, and such notice of the pendency thereof shall be given to the libellee, personal or otherwise, as the court shall order. Sec 7. Every libel shall state the cause or causes of divorce, and shall be signed by the libellant, if of sound mind and of the age of legal consent ; otherwise by the parent, guardian or next friend of such libellant. Sec. 8. If the libellee is insane, the court may appoint a guardian to appear and answer for such libellee, as is done for an infant defendant at common law. Sec. 9. Upon any hearing for divorce, the admission of the mar- riage by the party against whom the process is instituted, general repute, the fact of cohabitation, or any other circumstantial or presumptive evidence from which the marriage may be inferred, shall be competent evidence for the consideration of the court. Sec 10. After the filing of a libel for divorce, the superior court of judicature sitting in any county, or any judge thereof may, on petition of the wife, prohibit the husband iVom imposing any re- straint upon her personal liberty during the pendency of the libel, and may also, on the petition of either party, make such order respecting the custody and maintenance of the minor children of the parties, as shall be deemed expedient and for the benefit of such children. Sec 11. No decree of divorce shall affect the legitimacy of any child born or begotten in lawful matrimony, unless it shall be so expressed in such decree. Sec 12. In all cases where there shall be a decree of divorce or nullity, the court shall make such further decree in relation to the maintenance, education and custody of the children, as shall be most conducive to their benefit, and may order a reasonable pro- vision for their support to be made by or out of the estate of the guilty party. Sec 13. Upon any decree of millity or divorce, the court may restore to the wife all or any part of her lands, tenements and hereditaments, and may assign to her such part of the real and per- sonal estate of her husband, or order him to pay such sum of money, as may be deemed just and expedient : and may compel CHAP. 149] HUSBAND AND WIFE, 295 the husband to disclose under oath the situation of said property, and before or after such decree, may make such orders and use sucli process as may be necessary to carry the same into full effect, and to protect the rights of the wife. Sec. 14. In any case arising under the two preceding sections, the court may order the property to be conveyed, or the money to be paid to a trustee or trustees by the court appointed, upon trust to invest the same, and to apply the income thereof to the support of the wife, or the maintenance and education of the minor child- ren, and to pay over the principal sum or any part thereof, in such manner as the court may from time to time order ; and every such trustee shall give such bonds as the court shall order for the faith- ful performance of said trust. Sec. 15. In all cases where alimony or any allowance shall be decreed for the wife or children, the court may require sufficient security to be given for the payment thereof, according to the terms of the decree. Sec. 16. The court upon proper application and notice to the adverse party, may revise and modify any order made by such court, and may make such new orders as may be necessary, and may award costs as justice may require. CHAPTER 140. OF HUSBAND AND WIFE. Section 1. Wife deserted, may hold property. 2. Property of husband, when sold for support of wife and children. 3. Married woman may make contracts, if deserted. 4. Rights of wife of alien living- separate. 5. Rights of husband becoming a resi- dent. 6. Rights of wife after divorce. Section 7. Forcible removal forbidden. 8. Guardians, how appointed. 9. Conveyances by and to wife, how made, if husband under guardian- ship. 10. Wife may join in conveyances of husband, when. 11. Marriage not to be contested after decease, in what cases. Section 1. When any husband shall have deserted his wife and remained absent for the space of three months, without making suitable provision for her support and the maintenance and educa- tion of their minor children, or when any cause is in existence which is or which, if it continues to exist for a longer period, may be a cause of divorce, and the wife is the injured party, she shall be entitled to hold in her own right and to her separate use any property acquired by her by descent, legacy or otherwise, and to the earnings of her minor children, until said parties shall afterwards 296 HUSBAND AND WIFE. [XITLE XVFII. cohabit, and may dispose of tJie same without the interference of Jier said husband or of any person claiming under him. Sec. 2. In any such case, if the husband leave property within this State, the judge of probate for the county in which the wife resides, on petition by her and such notice to the husband, personal or otherwise, as the judge shall order, may authorize such portion of said property as maybe necessary for the maintenance of herself and children, to be sold at public auction, and cause the proceeds of such sale to be appropriated and expended for that purpose, in such manner as he may direct, and require bonds for the faithful application of such proceeds according to the order of said court. Sec. 3. Whenever any married woman shall be entitled to hold property in her own right and to her separate use, she may make contracts, may sue and be sued in her owai name, and may dispose of said property by will or otherwise, as if she were sole and un- married ; and if she shall decease intestate, her husband shall be excluded from any share in her said estate, and such estate shall be administered and inherited in the same manner as if she were sole and unmarried. Sec 4. If any woman being the wife of an alien or of a citizen of any other state, shall have resided in this State for the term of six months successively, separate from her husband, she shall be capable of making contracts, may sue and be sued in her own name for any cause of action that may accrue during such separate residence, may acquire and hold property in her own right, and may have the exclusive care, custody and guardianship of lier mi- nor children living with her in this State ; and the earnings of such children shall be expended in the same manner as if her husband had deceased ; but such woman shall not contract another marriage, nor sue nor be sued for a breach of such contract. Sec 5. If the husband of such woman shall become a citizen of this State, and they shall cohabit together, the fact of his becom- ing such citizen and such cohabitation shall have the same eifect upon any contract or business of the wife, or upon any suit by or against her, as if the marriage between them had been first solem- nized at the time of his thus becoming a citizen of this State. Sec 6. If the husband of such woman shall obtain a divorce from his said wife, in any court or tribunal of any other state or country, or if a divorce shall be decreed upon application of the wife during such separate residence, she shall be entitled to retain to her own use any property real or personal, Avhich may have been acquired by, or given or descended to her during such sepa- rate residence, and to retain the exclusive custody and guardian- ship, and to receive the earnings of her minor children born in this country and living with her, unless upon a hearing of the parties before the superior court of judicature, it shall be made to appear by other evidence than such decree of divorce, that she has been guilty of adultery or other criminal breach of the marriage cove- nant. CHAP. 150] GUARDIAN AND WARD. 297 Sec. 7. If any such married woman shall reside in this State, separate from her husband, it shall be unlawful for the husband of such woman, he being an alien or being about to leave the United States to go to any foreign country, to take from the custody of such woman any minor child of the marriage born in this country, with intent to remove said child to any foreign country against the consent of the mother. Sec. 8. Upon her application a guardian may be appointed for such child, and the superior court of judicature, or either of the justices thereof, is authorized to issue an injunction restraining the father and all other persons, from removing said child from this State against the consent of the mother, and to make such farther orders and decrees as shall secure to her or to said guardian the custody of such children. Sec 9. The wife of any man who is under guardianship, may join with the guardian in the conveyance of her interest in her real estate or in the real estate of such ward, or in making partition of her own real estate held in joint tenancy or in common, and may make or receive any release or other conveyance necessary or proper for that purpose, in like manner as she might have done with her husband if he had been under no disability. Sec 10. Any married woman of full age may join with her husband in any conveyance of real estate, and any married woman may join with her husband in release of dower, although she is not of full age. Sec 11. Any persons cohabiting and acknowledging each other as husband and wife, and generally reputed to be such, for the period of three years, and until the decease of one of them, shall be deemed after such decease to have been legally married. CHAPTER 150. OF GUARDIAN AND WARD. Sectiok 1. Guardians, wlieii appointed. 2. Mode of appointment. 3. Powers and duties of guardians. 4. Who may be appointed. 5. Rights of married women as guard- ians. 6. Marriage of female guardian, effect. 7. Property of absent parent, when sold for support of children. 8. Proceeds of sale, how appropriated. 38 Section 9. If the mother is guardian and dies, new guardian appointed. 10. Insanity, what is, how determined. 11. Guardian for the insane appointed. 12. Who is deemed a spendthrift. 13. Guardian of spendthrift appointed. 14. All guardians shall give bond. 15. Guardian to give notice of his ap- pointment. 16. Guardian to return an inventory. 298 GUARDIAN AND WARD. [title XVIII. Section 17. Duties of guardian as to ward. 18. Ward to sue and be sued by guard- ian. 19. Ward to be employed in labor. 20. Contracts made by ward are void. 21. Contracts, how confirmed by guard- ian. 22. Land of ward, how sold by license. 23. Mode of sale by guardian, and oath. 24. New bond required of guardian. 25. Conveyance of land sold, how made. Section 26. Sale must be made within two years after license. 27. Evidence of sale, how perpetuated. 28. Sale by foreign guardian, how made. 29. Guardian how removed and new one appointed. 30. Guardianship, iiow revoked. 31. Compensation of guardians. 32. Guardians ad litem, how appointed. 33. Vouchers to be filed in court. 34. Penalty for not filing vouchers. Section 1. The judge of probate in each county, whenever there shall be occasion, may appoint a guardian to any minor. Sec. 2. If the minor is under the age of fourteen years, the judge may appoint a guardian ; if the minor is above the age of fourteen years, he may, though under guardianship previous to that age, elect any suitable person for his guardian, who shah be ap- pointed by the judge ; if, after being cited by the judge, he shall neglect to nominate a suitable person, the judge may appoint a guardian in the same manner as if the minor Avere under the age of fourteen years. Sec. 3. Every guardian shall have the custody and tuition of the minor, and the care and management of his estate, and shall continue in office until the minor arrives at the age of twenty-one years, or until discharged according to law. Sec. 4. The judge may in his discretion appoint the father or mother, or any person nominated by either, to be guardian of any child, as he shall think most conducive to the interest of such child ; but if any cause exists, which if continued may be a cause for divorce, the preference shall be given to the party injured or to the person nominated by such party, being a suitable person. Sec. 5. Any married woman so appointed shall have the same rights and powers, and be subject to the same duties and liabilities as other guardians. Sec. 6. If any female guardian shall marry, her husband shall not thereby become guardian, but such marriage shall operate as an extinguishment of the trust. Sec. 7. If any person absent from the State, for whose child a guardian has been appointed, shall neglect to make provision for the support of his wife or children, and shall leave property within the State, the judge, upon petition of the guardian and due notice, may authorize said guardian to sell at public auction such portion of said property, real or personal, as he may deem necessary to be ex- pended frugally and without waste for the comfortable support of the mother, and the proper education and maintenance of said ward. Sec. 8. Such guardian shall not be held liable, upon the decease of the father of any such ward, to account to his administrator for CHAP. 150.] GUARDIAN AND WARD. 299 any balance in his hands not expended, but shall retain and appro- priate the same as if the father had not deceased. Sec. 9. If the mother shall be guardian and shall decease, the judge, upon application of some relative or friend of the minor, shall appoint a guardian in her stead, who shall be entitled to receive any balance in her hands at her decease. Sec. 10. Upon application by any relative or friend of any in- sane person, or upon the like application of the overseers of the poor of the town in which such person lives, made to the judge of probate for the county in which said town is situate, that a guardian may be appointed over such person, the judge shall cause the selectmen of the town in which such person lives, to make inquisition thereinto. Sec -11. If upon the return of such inquisition and due exami- nation had, it shall be decreed that such person is an insane person, the judge shall appoint a guardian over such person ; but no such decree or appointment shall be made until such person shall have been cited to appear and show cause against the same. Sec 12. Any person who, by excessive drinking, gaming, idle- ness, debauchery or vicious habits of any kind, shall so waste, spend or lessen his estate, or shall so neglect to attend to any use- ful calling or business for which he may be capable, as thereby to expose himself or his family, or any of them, to want or suffering circumstances, or to endanger or expose the town to which he belongs, in the judgment of the selectmen of the town in which he resides, to expense for the support of himself or any of his family, shall be deemed a spendthrift. Sec 13. Upon complaint thereof in writing, made to the judge of probate for the county where such person resides by said select- men, said judge shall appoint a day of hearing, and if, upon due notice and examination had, it shall appear that such person comes within the description in the preceding section, said judge shall appoint a suitable person to be guardian over such spendthrift. Sec 14. Every guardian appointed by virtue of this chapter, shall give bond to the judge of probate in a reasonable sum, with sufficient sureties, upon condition among other things for the faith- ful discharge according to law of the trust reposed in him, and for rendering upon oath a true and just account of his guardianship when and so often as he shall be thereto required. Sec 15. Such guardian shall, immediately upon his appointment, give public notice thereof in some newspaper printed in the coun- ty, if any there be, or in such newspaper as the judge shall direct, and in all cases shall also post up a notification thereof in the town where his ward resides. Sec 16. He shall also make and retiu*n a true and perfect inven- tory of the estate of his ward, in the same way as inventories of persons deceased are taken. Sec. 17. He shall take care as well of the person as of the 300 GUARDIAN AND WARD. [tiTLE XVIJI- estate real and personal of his ward, shall improve the same fru- gally and without waste, and apply the annual profits and income thereof for the comfortable maintenance and support of his said ward, and his household and family, if any he have ; shall collect the dues of his said ward, shall pay his just debts out of his pro- perty in the most economical manner, and shall protect the rights of his said ward. Sec. 18. Such ward shall sue and be sued, prosecute and defend by his guardian. Sec. 19. Every guardian appointed over any spendthrift, shall inculcate habits of sobriety and industry in his ward, and may employ his ward or the children of his ward in any suitable labor, or bind them out to labor by a written contract for a term not exceeding one year. Sec. 20. No bargain or sale of real or personal estate, and no contract of any nature whatever, made by a person under guard- ianship after the apjjointment made and during the continuance of such guardianship, shall be valid in law. Sec 21. No such bargain, sale or contract shall be valid, if made after an attested copy of any complaint presented to a judge of probate, upon which a guardian shall be appointed, and the order of notice thereon, shall have been filed with the clerk of the town in which the person complained of resides, unless the guardian by an instrument under his hand and seal shall afterwards approve and ratify the same. Sec 22. The judge of probate for the county in which any guardian received his appointment, may authorize such guardian to sell at public auction the real estate of his ward, or any wood or timber growing thereon, whenever the sale thereof shall be neces- sary for the support of the ward or his family, or is conducive to his or their interest. Sec 23. Before making any sale under such license, the guard- ian shall take the following oath before the judge of probate or any justice of the peace ; and shall file the certificate thereof in the probate office before the settlement of his account : "I, A. B., guardian of C. D., &c., my ward, do solemnly swear that in disposing of the estate of my said ward, for which I have obtained license, I will use my best judgment in fixing on and advertising the time and place of sale, and will exert my utmost endeavors that the same shall be sold in such manner as shall be of the greatest advantage to my said ward, without any sinister or selfish views whatever." Sec 24. If the judge shall not be satisfied that the guardian has already given bond, sufficient to bind him to conduct with fidelity in the sale, and to account and respond for the proceeds thereof, he shall, before he issues license therefor, require of such guardian a bond sufficient for that purpose. CHAP. 150] GUARDIAN AND WARD. 301 Sec. 25. Every guardian so licensed and sworn, and having so advertised and sold, may execute and deliver a valid conveyance of the estate of the ward so sold, to the purchaser, being the high- est bidder, his heirs and assigns. Sec. 26. No license to any guardian for the purposes aforesaid, shall be available to sustain any sale under the same, unless such sale is made within two years after the granting of such license. Sec. 27. Any guardian, purchaser or other person interested, may petition the judge to perpetuate the evidence of any facts set forth in such petition, relating to any proceeding connected with such guardianship, and the judge after due notice may decree that all or any of such facts are proved, and such decree shall be con- clusive evidence of those facts. Sec. 28. Upon application made by any guardian appointed in any other state, whose ward may own lands within this State, to the judge of probate for the county in which such lands lie, said judge, upon receiving satisfactory evidence of his said appointment, may grant license to sell and convey the same in the same manner as is provided in the case of guardians appointed in this State; and such guardian shall give bond with sureties resident in this State, make oath, proceed in such sale and conveyance, and in all respects be entitled to the same rights and subject to the same liabilities as if appointed by the laws of this State. Sec. 29. The judge, upon petition and after due notice, may re- move any guardian, whenever in his opinion it may be necessary or expedient, and appoint another in his stead. Sec. 30. If the cause for which any guardianship was granted, has ceased or is removed, such guardianship upon like petition and notice shall be revoked. Sec. 31. Every guardian shall be allowed a reasonable compensa- tion for all proper expenses and services in the discharge of his trust. The balance of the guardian's account due to him shall be a lien upon all the estate of his Avard, real and personal, not disposed of by the guardian, for the recovery of which, after he ceases to be guardian, he may maintain an action for money paid and advanced. Sec. 32. Any court may appoint, when necessary, a guardian to prosecute or defend any suit pending before such court, in behalf of any minor or insane person, or to appear for and protect the rights of such minor or other person interested in any matter pend- ing before such court, and a bond may be required of such guardian at the discretion of the court. Sec. 33. Every guardian shall take a receipt of his ward or of his legal representative, to whom he shall pay or deliver the pro- perty of such ward, and file the same in the probate office, to be there preserved, the time of its being so filed being certified upon it by the register. Sec. 34. Any guardian may be cited by the judge of probate. 302 MASTEliy AND APPRENTICES. [lITLE XVIll. upon complaint of any surety or his representative, to file such receipt in the probate office; and if he shall neglect or refuse so to do, he shall forfeit twenty dollars, and the like sum for every thirty days' neglect afterwards, to he recovered by such complainant, unless the judge shall on a hearing certify the reason of the omission to be sufficient. CHAPTER 151. OF MASTERS, APPRENTICES AND SERVANTS. Section 1. Children under 14, how bound as ap- prentices. 2. Children over 14, how bound as ap- prentices. 3. Form and requisites of indentures. 4. With whom indentures to be lodged. 5. EiFect of such indentures. 6. Indenture voidable on death of master. 7. Rights of apprentice, how protected. 8. Indentures voidable by reason of mis- conduct of master. Section 9. Misconduct of apprentice, how pun- ished. 10. Assault by apprentice, how punished. 11. Runaway apprentice, how appre- hended. 12. Enticing away apprentice, how pun- ished. 13. Liability of master for neglect to teach apprentice. Section 1. Children under the age of fourteen years may be bound as apprentices or servants, until that age, without their consent, by their father, if living, or if not living, by their mother or guardian ; and if such child has no parent or guardian, he may bind himself with the approbation of the selectmen or overseers of the poor of the town where he resides. Sec. 2. Minors above the age of fourteen years may be bound, with their consent, by their father, or after his decease by their mother or guardian, as apprentices or servants, females until the age of eighteen years or to the time of their marriage within that age, and males to the age of twenty-one years ; and the consent of such minor shall be distinctly expressed in the indenture and testi- fied by his signing the same. Sec. 3. No minor shall be bound as aforesaid, except by an in- denture of two parts signed, sealed and delivered by both parties ; and when the minor shall bind himself with the approbation of the selectmen or overseers of the poor as aforesaid, such approba- tion shall be certified in writing signed by them on each part of the indentures. Sec 4. One part of said indentures shall be kept by the master or mistress, and the other part by the parent or guardi;ui of the CHAP. 151.] MASTERS AND APPRENTICES. 303 minor, or. if approved by the selectmen or overseers of the poor, by the town clerk of the town, in trust for such minor. Sec. 5. All indentures executed as aforesaid, shall be good and effectual in law against all the parties thereto. Sec. 6. No indenture aforesaid shall be binding upon the minor or upon his parent or guardian, after the decease of the person to whom such minor was so bound ; but if said apprenticeship shall have nearly expired, and such apprentice shall choose to complete his service unth the Avidow, or the executor or administrator of his master, he shall be entitled to all the benefits of said indenture, which shall be paid out of said estate, as though the master had lived until such apprenticeship had expired. Sec. 7. All parents, guardians, selectmen or overseers, as the case may be, shall inquire into the usage of the minors bound out as aforesaid, and defend them from the cruelty, neglect or breach of covenant of the master ; and may make complaint thereof to any justice who shall notify the parties, and hear and determine such complaint. Sec S. If the complaint is supported, the justice may render judgment that such minor be discharged from his said indentures, and that the master shall pay all damages sustained by the minor from such neglect, cruelty or breach of covenant, and costs ; but if said complaint is not sustained, the justice shall award costs to the respondent ; and in either case execution may issue therefor. Sec. 9. If any apprentice shall be guilty of any gross misbe- havior, wilful neglect or refusal of his duty, and shall persist therein after being suitably remonstrated with by his master, the master may make complaint thereof to any justice, who, after duly notifying said apprentice and all persons covenanting in his behalf, shall hear and determine such complaint, and render judgment that the master be discharged from the indenture, and recover costs against the said parent, guardian or minor, or that costs shall be taxed for the respt)ndent ; and in either case execution may be issued accordingly. Sec. 10. If any apprentice shall strike or use any personal vio- lence towards his master, any justice, upon complaint, notice and hearing of the parties, shall render judgment against such parent, guardian or minor for all damages sustained, and for costs, and may issue execution therefor, and, if the master chooses, shall adjudge the indenture to be void ; otherwise, for the respondent for his costs, and may issue his execution therefor against said master. Sec 11. If any apprentice shall depart from the service of his said master, without leave or sufficient cause, the master may em- power any person (by giving public notice thereof) to apprehend and bring back such apprentice to the place of his duty ; and all necessary expenses incurred therein, and all reasonable damage sustained, shall be recovered by said master of the parent or guar- 304 PROBATE. [title XIX. dian of such apprentice, and if paid by a guardian, shall be proper charge in his guardianship account. Sec. 12. If any person shall entice or persuade away any such apprentice from the service of his master, or secrete, convey or send off any apprentice either by sea or land, or in any way cause any apprentice to leave the service of his said master, such person shall make good all damages to said master, and be punished by fine not less than five nor more than one hmidi'ed dollars. Sec. 13. If any master shall neglect to teach or cause to be taught to any apprentice the art, trade or profession he was bound to teach, or to fulfil any part of his contract, he shall pay to such apprentice, after he shall become of age, all damage sustained by reason of such neglect. TITLE XIX. OF PROBATE AND THE ESTATES OF DECEASED PERSONS. Chapter 152. Of judges of probate and their jmisdiction. Chapter 153. Of registers of probate. Chapter 154. Of times and places of holding courts of probate. Chapter 155. Of citations and notice. Chapter 156. Of wills. Chapter 157. Of probate of wills. Chapter 158. Of administration. Chapter 159. Of inventory and accounts. Chapter 160. Of embezzlements. Chapter 161. Of suits by and against administrators. Chapter 162. Of insolvent estates. Chapter 163. Of appeal from commissioners. Chapter 164. Of license to sell real estate. Chapter 165. Of widow's allowance, dower and distributive share. Chapter 166. Of descent, distribution and advancements. Chapter 167. Of division of estates among heirs. Chapter 168. Of trustees of estates. Chapter 169. Of bonds to the judge of probate and suits. Chapter 170. Of appeals from the court of probate. CHAP. 152] JUDGES OF PROBATE. 805 CHAPTER 152, OF JUDGES OF PROBATE AND THEIR JURISDICTION. Section 1. Proceedings, how commenced. 2. Definition of '■'■judge" or ^^ judge of probate." 3. Judge's jurisdiction as to wills and settlement of estates. 4. Judge's jurisdiction as to guardians. 5. " " as to trustees. 6. " " as to partition. 7. Administration, where granted. 8. Other proceedings, where had. 9. Proceedings as to guardians, where. Section 10. Judge, when disqualified. 11. Who shall act in such case. 12. Records and appeals in such case. 13. Compensation of another judge. 14. Special courts, when. 15. Compensation of judge. 16. Special adjournments, when. 17. Depositions may be used, when. 18. Sheriffs to serve process. 19. Court of probate, a court of record. Section 1. All proceedings in the court of probate shall be com- menced by petition to the judge, briefly setting forth the ground of the application. Sec. 2. The words ^'■judge'^ or ^^ judge of probate,''^ in this title, shall be construed to mean the judge of probate for the county to whom the jmisdiction of the subject matter belongs. Sec. 3. Every judge of probate in his county has jurisdiction of the probate of wills and of granting administration, and of all matters and things of probate jurisdiction relating to the sale, set- tlement and final distribution of the estates of deceased persons. Sec. 4. Such judge shall have jurisdiction in relation to the appointment and removal of guardians of minors, insane persons and spendthrifts, and in relation to the duties by law imposed on such guardians, and the management and disposition of the estates of their wards. Sec. 5. He shall exercise original jurisdiction in relation to trustees appointed by will, in the cases prescribed by law. Sec 6. He may exercise jurisdiction of all petitions for partition of real estate, in cases where no dispute shall exist in relation to the title thereof. Sec. 7. The probate of the will and the granting of administra- tion of the estate of any person deceased, shall belong to the judge of probate for the county in which such person was last an inhabi- tant ; but if such person was not an inhabitant of this State, the same shall belong to the judge of probate for any county in which such person had estate. Sec 8. All proceedings in relation to the settlement of the es- tate of any person deceased, shall be had in the probate court of the county in which his will was proved, or administration of his estate was granted. 39 306 JUDGES OF PROBATE. [TITLE XIX. Sec. 9. All proceedings in relation to the property or estate of any person under guardianship, shall be had in the court of probate of the county in which the guardian was appointed. Sec. 10. No judge of probate shall act as such in the settlement of any estate wherein he is interested as heir or legatee, executor or administrator, or as guardian or trustee of any person. Sec 11. In every such case, the judge of probate of any adjoin- ing county shall have jurisdiction, and it shall be his duty, upon application, to attend at some term of the court of probate in which such case may be pending, which shall not interfere with his duties in his own county, and hear and determine such case. Sec. 12. The records in such case shall be kept, and appeals shall be claimed and allowed, in the county where such case may be pending. Sec. 13. Such judge of probate shall be allowed three dollars for each day he may be employed in attending such court, and a reasonable compensation for his travel and expenses, which shall be paid by the executor, administrator, guardian or trustee of the estate in relation to which such case may arise, and shall be allow- ed him on settlement of his account. Sec 14. The judge may attend at the dwelling house or in the neighborhood of the residence of any administrator, guardian, trustee or other person who shall be unable, by reason of sickness or other sufficient cause, to attend the court of probate at the time and place appointed by law, iii any case in which the personal attendance of such person is required. Sec 15. Such judge shall be allowed a suitable compensation for such service and for his expenses, to be paid out of the estate to which such proceeding may relate. Sec 16. The judge may adjourn his court for the trial and decision of any matter pending before him, to any convenient time and place. Sec 17. The deposition of any witness or other person who may be required to be sworn before the judge, and who shall live out of the State or more than ten miles from the place of holding the court, or who shall be unable to appear and testify by reason of infirmity or other sufficient cause, may be taken before any person duly authorized by such judge. Sec 18. All sheriffs, deputy sheriffs and constables are required to serve and execute any legal process to them directed by a judge of probate. Sec 19. The court of probate shall be deemed for all purposes a court of record. CHAP. 153] REGISTERS OF PROBATE. 307 CHAPTER 153. OF REGISTERS OF PROBATE. Section 1. Fire-proof safes to be provided. 2. Register's office, where kept. 3. Register's office in Merrimack county. 4. Disqualified to act as appraiser, &c. 5. What papers to be recorded. Section 6. Salaries payable on certificate. 7. Fees in what cases allowed. 8. Receipts for fees to be given. 9. Blanks, how furnished. 10. Register may adjourn court, when. Section 1. Every county in this State that has not a fire-proof safe belonging to the same, shall provide a suitable fire-proof safe for all records, files and papers of the county, at some suitable place in such county, within one year from the first day of January next ; and it shall be the duty of the court of common pleas to appropri- ate the money necessary for that purpose, in all counties destitute of such safe. Sec, 2. Where any county shall have provided a suitable office with a fire-proof safe, the office of the register of probate, with all the books, records, files and papers belonging thereto, shall be kept therein, and such office shall be kept open daily, Sundays excepted. Sec. 3. The office of register of probate for the county of Mer- rimack, with all the records pertaining thereto, shall be kept at Concord in said county. Sec 4. No register of probate shall be appointed an appraiser or commissioner, on any estate under administration in the court of probate of which he is register. Sec 5. All wills and their probate, inventories, accounts and proceedings relative to real estate, and all orders, decisions and appointments from which an appeal may be claimed, shall be re- corded by the register of probate in suitable -books provided for that purpose. Sec 6. The salaries by law allowed to registers of probate, shall be in full compensation for all services which by law they ought to perform in their office, and shall be paid upon furnishing the governor a certificate from the judge annually, on the first day of January, that the records of their courts are made according to law. Sec. 7. Registers of probate shall be entitled to the same fees as other certifying officers, for all copies of record, except such as are required to be used in the court of probate in which such record remains, or in the superior court upon appeal, and such as are necessary for administrators and guardians in the settlement of estates. Sec 8. Every register of probate, upon request, shall give a receipt for all fees by him received for copies, stating the amount received and for what copies. 308 PROBATE COURTS, WHEN HOLDEN. [TITLE XIX. Sec. 9. Blanks and stationery necessary in doing the probate business, shall be provided by the register at the expense of the county, and the amount shall be paid to him from the county treasury. Sec. 10. In case of any vacancy in the office of judge of pro- bate, or the sickness or necessary absence of the judge at the time of any court of probate appointed by law, the register shall adjourn such court and all proceedings therein, from term to term, until such vacancy shall be supplied or the judge shall attend. CHAPTER 1^4. OF THE TIMES AND PLACES OF HOLDING COURTS OF PROBATE. Section 1. Terms in county of Rockingham. 2. " " " " StrafFord. 3. " " " " Belknap. 4. " " " " Carroll. 5. " " " " Merrimack. Section 6. Terms in county of Hillsborough. 7. " " " " Cheshire. 8. " " " " Sullivan. 9. " " " » Grafton. 10. " " " " Coos. Section 1. Courts of probate shall be holden annually, at the times and places following ; that is to say : For the county of Rockingham; at Exeter, on [the] Wednesday following the third Tuesday of March, and on the Wednesday following the second Tuesday of every other month ; At Portsmouth, on the second Tuesday of January, May, July, September and November, and on the third Tuesday of March ; At Derry, on the last Tuesday of April, August and December ; At Chester, on the Wednesday following the last Tuesday of April, August and December ; At Deerfield, on the Thursday following the last Tuesday of April, August and December ; At Plaistow, on the last Tuesday of February, June and Octo- ber: Sec 2. For the county of Strafford ; at Dover, on the first Tuesday of January, March, April, August, October and Novem- ber ; At Rochester, on tiie first Tuesday of February, July and De- cember ; At Farmington, on the first Tuesday of May and September ; At Strafford, on the first Tuesday of June : Sec 3. For the county of Belknap ; at Gilmanton Centre, on the third Tuesday of June and December ; At Gilmanton Iron Works, on the third Tuesday of March and September ; CHAP. 154.] PROBATE COURTS, WHEN HOLDEN. 309 At Gilford, on the third Tuesday of February and October ; At Meredith Village, on the third Tuesday of April and August ; At Sanbornton Square, on the third Tuesday of January and July : Sec. 4. For the county of Carroll ; at Ossipee Corner, on the third Tuesday of April, and the second Tuesday of February, June, August, October and December ; At West Ossipee, on the second Tuesday of January, March, May, July, September and November ; At Ossipee, on the second Tuesday of October : Sec. 5. For the county of Merrimack ; at Concord, on the fourth Tuesday of every month : Sec. 6. For the county of Hillsborough ; at Amherst, on the first Tuesday of every month ; At Francestown, on the Wednesday next following the first Tuesday of January, April, July and October ; At Nashua, on the Wednesday next after the first Tuesday of December and February ; At Temple, on the Wednesday next after the first Tuesday of May and August ; At Manchester, on the Wednesday next after the first Tuesday of June and September : Sec. 7. For the county of Cheshire ; at Keene, on the first Tuesday of every month, and on the third Tuesday of March, April, May, September, October and November : Sec. 8. For the county of Sullivan ; at Newport, on the Wed- nesday next after the third Tuesday of April and October, and on the third Wednesday of February, June, August and December ; At Claremont, on the third Wednesday of January, March, May, July, September and November : Sec 9. For the county of Grafton ; at Haverhill, on the third Tuesday of January, April, August and October ; At Plymouth, on the third Tuesday of May, July, November and February ; At Canaan, on the third Tuesday of June and December ; At Lisbon, on the third Tuesday of March and September : Sec 10. For the county of Coos ; at Colebrook, on the first Tuesday of September ; At Stratford, on the first Tuesday of June ; At Lancaster, on the first Tuesday of March and November, and the second Tuesday of May ; At Bartlett, on the first Tuesday of July ; At Shelburne, on the first Tuesday of May. 310 CITATIONS AJND NOTICES. [TITLE XIX. CHAPTER 155. OF CITATIONS AND NOTICES. Section 1. Notice, when not required. 2. Citations and notice, when necessary. 3. Personal notice, in what cases. Section 4. Notice in other cases, how given. 5. Special notice may be required, when. Section 1. The judge of probate may, at discretion, proceed without notice in the following cases : 1. In the probate of wills in common form ; 2. In the appointment of such person as administrator, as is by law entitled to such trust, or the person by him nominated ; 3. In the appointment of appraisers of estates ; 4. In licensing the sale of personal estate ; 5. In the appointment of commissioners of insolvent estates ; 6. In the appointment of the guardians of minors under four- teen years of age ; 7. In granting allowance to widows. Sec. 2. In all cases in which notice is required, a citation shall be issued, or an order of notice made to the parties interested in any proceeding in the court of probate, to appear at said court at a certain day and place therein appointed, that they may be heard thereon if they see cause. Sec 3, Every citation or order of coiu't to any individual, requiring him to perform any particular duty, shall be served by giving to him in person or leaving at his usual place of abode a certified copy thereof, if such person shall reside in this State, fifteen days at least before the day of hearing. Sec. 4. Every citation or order of notice to any person residing out of the State, or to the widow, heirs, devisees, legatees, credit- ors or persons interested in any estate, in general terms, to be present at any proceeding relative to said estate, shall be served by giving to each person to whom it is directed, or leaving at his usual place of abode, fifteen days before the day appointed for such proceedings, a certified copy of such citation or order of notice, or by publication in some newspaper prhited in the county, if any, ot?ierwise in some newspaper printed in the vicinity, three weeks successively, the last publication thereof to be at least thirty days before the day of hearing. Sec. 5. In addition to the notice prescribed in the preceding sections, the judge may order personal notice, or notice by letter sent by mail, to any person interested, or notice by publication in any newspaper printed elsewhere, as he shall judge proper in the case. CHAP. 15G.] WILLS. 311 CHAPTKR 156. OF WILLS. Section 1. Wills, who may make. 2. Real estate after acquired, may pass by will. 3. Devise not defeated by disseizin. 4. Whole interest in real estate passes. 5. Devise to heirs, does not affect devise for life. 6. Wills, how executed. 7. Soldiers, &c., may make verbal wills. 8. Devise to witness, void when. Section 9. Children not named, provision as to. 10. " " " shares how made up. n. Heirs of devisee, &c., deceased, to take. 12. Widow may waive provision, in will. 13. Wills, how revoked. 14. " revoked by change of circum- stances. 15. Nuncupative wills, when valid. Section 1. Every person of the age of twenty-one years and of sane mind, may devise and dispose of his property, real and personal, and of any right or interest he may have in any property, by his last will in writing. Sec. 2. Any estate, right or interest in any real property ac- qnired by the testator after making his will, shall pass thereby, if such shall clearly appear to have been his intention. Sec. 3. No devise or bequest of any property shall be defeated, by any disseizin or wrongful dispossession thereof by any other person. Sec. 4. Every devise of real estate shall be holden to pass all the estate of the devisor therein, unless it shall clearly appear that it was his intention to pass a less estate. Sec. 5. No express devise of any estate for life, or other limited estate, shall be enlarged or construed to pass any greater estate, by reason of any devise to the heirs or issue of such person. Sec. 6. No will shall be effectual to pass any real estate, nor to change, nor in any way to affect the same, unless it is made by a person of the age of twenty-one years and of sound mind, in wri- ting, and is signed and sealed by the testator, or by some person in his presence and by his express direction, and attested and subscri- bed in his presence by three or more credible witnesses. Sec 7. Any soldier in actual military service, or any mariner or seaman being at sea, may dispose of his movables and personal estate as he might heretofore have done. Sec 8. Any beneficial devise or legacy made or given in any will to a subscribing witness thereto, shall be void as to such wit- ness and those claiming under him, unless there be three other subscribing witnesses, and he shall be a competent witness there- to ; but a provision therein for the payment of any debt shall not be void, nor disqualify the creditor as a witness thereto. Sec. 9. Every child born after the decease of the testator, and 312 WILLS. [title XIX. every child or issue of a child of the deceased not named or re- ferred to in his will, and who is not a devisee or legatee, shall be entitled to the same portion of the estate, both real and personal, as he would be if the deceased were intestate. Sec. 10. If the property not devised or bequeathed, shall be insufficient to satisfy the just share of such child, after allowing advancements received by him, the same shall be made up in just proportion from the property devised or bequeathed to others. Sec. 11. The heirs in the descending line of any legatee or devisee deceased before the testator, shall take the estate devised or bequeathed, in the same manner the legatee or devisee would have taken the same if he had survived. Sec. 12. The widow of the testator may waive any provision made in his will, and intended to be instead of her dower or dis- tributive share, by a writing filed with the judge, and thereupon such provision shall be void, and her dower and distributive share shall be assigned her. Sec. 13. No will or clause thereof shall be revoked, unless by some other valid will or codicil, or by some writing executed in the same manner, or by cancelling, tearing, obliterating or other- wise destroying the same by the testator, or by some person by his consent and in his presence. Sec 14. The preceding section shall not be construed to control or affect any revocation of a will, implied by law from any change in the circumstances of the testator or his family, devisees, legatees or estate, occurring between the time of making the will and the death of the testator. Sec 15. No nuncupative will shall be valid, where the personal estate bequeathed shall exceed in value one hundred dollars, unless it was declared in the presence of three witnesses, who were requested by the testator to bear witness thereto in his last sick- ness, and in his usual dwelling, except when he was taken sick from home and died before his return ; nor unless a memorandum thereof was reduced to writing within six days, and presented for probate within six months from the making thereof. CHAPTER 157. OF THE PROBATE OF WILLS. Section 1. Probate necessary and conclusive. 2. Wills to be delivered to the court. 3. Executors to prove wills or refuse. 4. Penalty for neglect. Section 5. Refusal to deliver will, punished. 6. Probate in common form. 7. Probate in solemn form. 8. Notice in such case. CHAP. 157.] WILLS. 313 Section 9. Minors, &c., allowed two years. 10. Probate on application of widow, &c. 11. No probate in solemn form till guar- dians appointed. Section 12. Proof in case attesting witnesses are incompetent. 13. Filing of wills proved elsewhere. 14. Notice in that case to be given. Section 1. No will shall be effectual to pass either real or per- sonal estate, unless it has been duly proved and allowed in the court of probate ; and the probate of a will devising real estate, shall be conclusive as to its due execution, as in case of a will of personal estate. Sec. 2. Every person having the custody of any will, shall, within thirty days after he has knowledge of the decease of the testator, deliver the same to the court of probate or to the person who is named therein as executor. Sec 3. Every person named as executor of any will, shall, within thirty days after the decease of the testator, or within thirty days after he has knowledge that he is so named, cause such will to be proved, or file the same in the probate office with his refusal in writing to accept the trust. Sec 4. Any person who shall neglect any of the duties required by the two preceding sections, shall, unless he shall give an excuse satisfactory to the court of probate, forfeit the sum of twenty dol- lars for each month he shall so neglect after said thirty days, to be recovered by any person liaving an interest in such will. Sec 5. If any person having in his custody any will, shall ne- glect to deliver the same to the court of probate, after being duly cited for that purpose, he may be imprisoned by warrant issued by said court, until he shall deliver it. Sec 6. If the probate of a will is not contested, the judge may allow and approve the same in common form, npon the testimony of one of the subscribing witnesses thereto, though the others may be living and within the process of the court. Sec 7. Any party interested shall be entitled to have the pro- bate of any will, Avhich has been proved without notice, re-ex- amined, and the will proved in solemn form before the comt of probate, at any time within one year of such probate, if no appeal from such probate has been prosecuted before the superior court. Sec 8. A petition for that purpose may be presented to the judge, and notice given to the executor personally, if practicable, and duly published ; and if upon such hearing and re-examination the probate shall not be confii-med, the will and probate shall be void. Sec 9. Any minor, insane person, married woman or person out of the United States, or their legal representatives shall be entitled to have the probate of any will, proved without notice, re-examined at any time within one year after the removal of the disability. Sec 10. If any will filed in the probate office, shall not be pre- sented for probate by the executor or by any person interested 40 314 ADMINISTRATION. [title XIX. therein, the judge on apphcation of the widow or any heir of the deceased, and due notice thereof having been given, may approve and allow or disallow the same, and the decree so made shall be of the same force as if made on application of the executor, or of any person interested in such will. Sec. 11, No decree approving and allowing or disallowing any will, shall be made in solemn form, until guardians shall be appoint- ed for all minors and others interested therein, who are incapa- citated to take care of their estates, and agents appointed by the judge for all persons interested who reside out of the State or are unknown. Sec. 12. If the attesting witnesses shall, after the execution of any will, become incompetent from any cause, the same may be proved and allowed upon other satisfactory evidence. Sec 13. A copy duly authenticated of any will executed with the formalities required by the laws of this State, Avhich has been proved and allowed in a court of probate in any of the United States, or in any foreign country pursuant to the laws thereof, and a copy of the probate of such will may by a decree of the judge be filed and recorded in the probate office, and such decree shall have the same effect as the probate of such will would have. Sec. 14. The executor or any person interested, may produce such copies to the judge of any county in which there is estate on which the same may operate, and in writing request that the same be so filed and recorded; and if upon due notice no sufficient ob- jection be made, such copies shall be decreed to be filed and recorded as aforesaid. CHAPTER 158. OF ADMINISTRATION. Section 1. The word '■'■administrator" defined. 2. Administration, to whom granted. 3. Not to minors or persons incapable. 4. Not to persons out of the State, unless. 5. Nor to persons not entitled, till 30 days. 6. Minors coming of age may be appoint- ed. 7. In cases of vacancy, who appointed. 8. Executor of executor not to admin- ister. Section 9. Married woman not to administer. 10. Administration, when revoked. 11. Revocation by consent. 12. Administrator to give bond, and the conditions. 13. Residuary legatee, bonds by. 14. Administrator to give notice of ap- pointment. 15. Executors of their own wrong, liable. Section 1. The word ^^ administrator^^ in this title may be con- strued to include every person to whom the administration of any estate, or the execution of any will may in any case be granted. CHAP. 158.] ADMINISTRATION. 315 Sec. 2. Administration of the estate of any person deceased shall be granted, first, to the executor named in the will of said de- ceased ] secondly, to the widow or any of the next of Idn, or such suitable person as they may nominate ; thirdly, to one of the devisees or creditors ; and fourthly, to such other person as the judge may think proper. Sec. 3. No person not of full age, or deemed by the judge of probate incapable, shall be appointed to administer any estate. Sec 4. No person not an inhabitant of this State, shall be so appointed by reason of any right to such trust, unless other cir- cumstances in the opinion of said judge render the same proper. Sec. 5. No person shall be appointed to administer any estate, until the several persons previously entitled thereto, shall have either voluntarily renounced such trust in writhig, or have ne- glected, for thirty days after the decease of any person upon whose estate administration is to be granted, to apply for such admin- istration. Sec 6. If any minor appointed executor, shall come of age and request it, administration on the estate not before administered, shall be granted to him ; and the administration before granted shall be revoked, unless the same was granted to a co-executor, in which case such minor shall be a joint executor. Sec 7. If the administration on any estate shall become vacant by death, extinguishment or revocation, the judge of probate may grant administration on the estate not before administered, to such person as he may think proper, having due regard to the rules aforesaid. Sec 8. The executor of an executor shall not, in consequence thereof, become the executor of the first testator. Sec 9. If any executrix or administratrix shall marry, her hus- band shall not thereby become executor or administrator in her right, but such marriage shall operate as an extinguishment of the trust. Sec 10. If any executor or administrator by reason of absence, or any infirmity of body or mind, or by wasteful or fraudulent management in his trust, shall become unfit for the discharge thereof, or unsafe to be trusted therewith, the judge of probate, upon due notice given may revoke such administration. Sec 11. Such trust may be revoked under any circumstances, with the consent of the executor or administrator, when it shall appear to the judge to be proper. Sec 12. No person shall intermeddle with the estate of any person deceased, or act as the executor or administrator thereof, or be considered as having that trust, until he shall have given bond to the judge, with sufficient sureties, in such reasonable sum as he shall approve, upon condition ; First, To return to the said judge a true and perfect inventory of the estate of the deceased, upon oath, within three months from the date of the bond : 316 INVENTORY AND ACCOUNTS. [TITLE XIX. Second, To administer the said estate according to law ; T/mxl, To render to the said judge an account of administration, upon oath, within one year ; Fourth, To pay and deUver all the rest and residue of the estate which shall be found remaining upon the account of such executor or administrator, unto such person or persons respectively, as said judge by his decree according to law shall limit and appoint ; Fifth, To deliver the letters of administration into the court of probate, in case any will of the deceased shall thereafter be approved and allowed. Sec. 13. If the executor to whom administration shall be grant- ed, shall also be residuary legatee, and if there be no widow, or if there being a widow, she inform the judge in writing that she accepts the provisions of the will, a bond with sufficient sureties may be taken from him, with condition only to pay the funeral charges, debts and legacies, and to render upon oath an account of his proceedings therein, when thereto lawfully required. Sec. 14. Every administrator shall, within three months after his appointment, post up notice thereof at some public place in the town where the deceased dwelt, if in this State, and shall cause the same to be published in some newspaper printed in the vi- cinity. Sec. 15. If any person shall unlawfully intermeddle with, em- bezzle, alienate, waste or destroy any of the personal estate of a deceased person, he shall stand chargeable and be liable to the ac- tions of the creditors and others aggrieved, as executor in his own wrong, to double the value of the estate so intermeddled with, embezzled, alienated, wasted or destroyed. CHAPTER 159. OF THE INVENTORY AND ACCOUNTS. Section 1. Inventory to be filed. 2. Inventory, how made. 3. What not included in inventory. 4. All assets to be accounted for. 5. Personal property maybe sold. 6. Property not sold, in what cases. 7. Debts to be accounted for. 8. Debts may be compromised, when. 9. Debts of administrator, how adjusted. Section 10. Profits of real estate, when account- ed for. 11. Mortgaged property to be redeemed. 12. License for sale of real estate ob- tained. 13. Real estate set off on execution, how vested. 14. Charges on estates, what are. 15. What expenses chargeable to estate. 16. Gravestones chargeable to estate. 17. Claims, how proved against estate. CHAP. 159.] INVENTORY AND ACCOUNTS. 317 Section 1. Every executor and administrator, within three months after his appointment, shall return to the probate office, under oath, a true inventory of all the estate of the deceased inclu- ding his real estate, goods and chattels, together with a correct sche- dule of his notes and other written evidences of debts, that shall have come to the knowledge of such executor or administrator. Sec. 2. It shall contain a just and impartial appraisement of said real estate, goods and chattels, and a correct schedule of said notes and written evidences of debts, to be made by three suitable per- sons to be appointed by the judge, and sworn before a justice to their fidelity and impartiality therein. Sec. 3. The wearing apparel aiid ornaments of the widow ac- cording to the estate of her husband, and the wearing apparel of the minor children, if any, are their property, and shall not be included in the inventory, nor, if there be a widow, the wearing apparel of the deceased, which shall be her property. Sec. 4. All assets, though not inventoried, shall be accounted for, and the executor or administrator shall be charged therewith in the account of administration. Sec. 5. All goods and chattels shall be accounted for at the ap- praised value, unless the same shall be sold at auction by license of the judge, which may be granted at any time within six months after the date of the bond, and in that case the administrator giv- ing the notice prescribed in such license, and conducting with fidelity and impartiality in the sale, shall be credited with the loss or charged with the gain upon such sale. Sec. 6. Personal property specifically bequeathed, shall not be sold, if it is not needed for the payment of the debts; and any pro- perty may be reserved at the sale, unless so needed, for the benefit or upon the request of the heirs or legatees, and the administrator shall be discharged by delivery thereof to the persons entitled thereto. Sec. 7. All debts due to the estate, which by due diligence might have been collected, shall be accounted for in money. Sec 8. Any debt due from any insolvent person, may be com- promised and discharged, on payment of such part thereof as the administrator may deem proper, and the administrator shall be chargeable only for the amount received. Sec 9. Debts due from the administrator to the estate, shall be considered as assets and be accounted for as other debts. If such debt is specifically bequeathed to him, his right thereto shall be the same as that of any legatee ; and the judge after due notice shall liquidate and adjust all debts and claims due to the adminis- trator or from him to the estate. Sec 10. The administrator shall receive the rents and profits of the real estate, in case the estate is insolvent, and shall keep the same in repair, and shall account for the net proceeds thereof in his administration accomit. 318 INVENTORY AND ACCOUNTS. [TITLE XIX. Sec. 11. The administrator, if there are sufficient assets, shall redeem all property of the deceased under mortgage, pledge or levy of execution for less than its value, or which, if unredeemed, would diminish the value of the estate, unless he shall by license sell the same subject to such incumbrance, and the neglect so to redeem shall be deemed mal-administration and waste. Sec. 12. Every administrator shall apply for and procure license for the sale of so much of the real estate as may be necessary to pay the debts and legacies, if the personal estate is insufficient ; and neglect or refusal to obtain such license, or to make such sale, or to account for the proceeds thereof, or fraudulent conduct there- in, shall be deemed mal-administration and a breach of his bond. Sec. 13. Real estate purchased by or set off to any administra- tor, in order to secure or satisfy any debt due to the estate, shall vest in the heirs in the same manner as if the deceased had died seized thereof, and shall be subject to be sold for the payment of debts and demands with which the estate is chargeable, and to be divided and apportioned according to the just claims of the widow, heirs, devisees and legatees. Sec. 14. The estate of every person deceased shall be charge- able with, 1. The just expenses of the administration thereof; 2. The necessary expenses of the funeral of the deceased ; 3. A reasonable allowance to the widow, as by law provided ; 4. The just debts owed by the deceased ; 5. The support and maintenance of the infant children of the deceased until they arrive at the age of seven years, if the estate is in fact solvent ; 6. The legacies given by the will of said deceased. Sec. 15. The expenses of assigning the widow's dower, of the division and assignment of the real estate, and of appointing guar- dians of minors and others incapacitated to take care of their inte- rest, whether heirs or legatees, shall be chargeable as expenses of administration. Sec 16. Administrators of estates actually solvent may erect suitable monuments at the graves of the testators or intestates, and the reasonable expense thereof shall be allowed them on settle- ment of their accounts. Sec. 17. All claims against any estate shall, if required by the administrator, be exhibited under oath, as follows : " I do solemnly swear that, according to the best of my know- ledge and belief, the above is a true statement of my claim against the estate of late of and that I have not on my books, or elsewhere, any credit or any knowledge of any credit that should be allowed against my claim, except what is stated in the foregoing account. So help me God." And a certificate of such oath shall be aimexed to such claim. CHAP. IGl] ADMINISTRATORS SUITS. 319 CHAPTER 160. OF EMBEZZLEMENTS. Section 1. Persons suspected may be cited. 2. Refusal to answer, how punished. I Section 3. In case of guardianship, proceedings. Section 1. Any person suspected and complained of by any administrator, heir, legatee or creditor of a person deceased, to have concealed, embezzled or conveyed away any of the personal estate of the deceased, may be cited to appear before the judge and be examined under oath for the discovery of the same. Sec. 2. If such person so cited shall refuse to appear, or appear- ing refuse to answer interrogatories upon oath respecting such estate, the judge may by warrant commit him to the common jail, there to remain until he shall consent to answer such interrogato- ries, or be released by the complainant or by order of the superior court of judicature. Sec. 3. On a like complaint of any guardian in relation to any property of his ward, or on complaint of any creditor, relative or friend of such ward, like proceedings may be had. CHAPTER 161. OF SUITS BY AND AGAINST ADMINISTRATORS. Section 1. No action to be brought within one year, nor before demand. 2. Claim to be exhibited within two years. 3. Suspension of administration, exclu- ded. 4. Not if estate represented insolvent. 5. No action will lie after three years. 6. Demands depending on a contingency. 7. Action may be brought within two years. 8. No action lies, where estate insolvent. 9. Except actions of review. 10. Actions brought by person as admin- istrator, who is not such. 11. Suits by and against, not abated by death. Section 12. Administrators not liable to arrest, nor estate to attachment. 13. Unless upon a return of waste. 14. Estate liable on joint demands. 15. Administrator may sue his co-admin- istrator. 16. Actions surviving may be prosecuted or defended. 17. Administrator defaulted on scire facias. 18. Administrator entitled to one con- tinuance. 19. Administrator may maintain real ac- tions, in what cases. 20. Administrator may prosecute suits pending at decease. 320 ADMINISTRATORS SUITS. [tITLE XIX. Section 1. No action shall be sustained against any administra- tor, if commenced within one year after the original grant of ad- ministration, nor unless the demand shall have been exhibited to the administrator and payment demanded. Sec. 2. No such action shall be sustained, unless the demand shall have been exhibited to the administrator within two years after the original grant of administration. Sec 3. If the administration on any estate shall be suspended, any demand may be exhibited within two years, exclusive of the time of such suspension. Sec 4. If the estate has been represented insolvent within said two years, no such exhibition thereof shall be necessary to entitle the creditor to have the same allowed by the commissioner. Sec 5. No suit shall be maintained against any administrator, for any cause of action against the deceased, unless the same is commenced within three years next after the original grant of ad- ministration, exclusive of the time such administration may be suspended, except in cases where he shall have retained estate in his hands for the payment of such claim by order of the judge. Sec 6. Demands against such estate not due or depending on any contingency, may be filed in the court of probate, and the judge after due notice may require the administrator to retain in his hands, on settlement of his account, such sum as may be ne- cessary to pay the same, unless the widow, heirs or legatees shall give bond to the judge for the payment thereof when such contin- gency shall happen, to the extent of the assets received by them respectively. Sec 7. If the right of action existed against or in favor of the deceased at the time of his death, and survives, an action may be brought by or against the administrator, at any time within two years after the original grant of administration. Sec 8. No action shall be commenced or prosecuted against an administrator, where the estate is decreed to be administered as an insolvent estate ; but the cause of action may be presented to the commissioners and allowed, with the costs of any action pending at the time of such decree. Sec 9. Actions of review may be prosecuted notwithstanding such insolvency, and the amount recovered against the estate, shall be added to the list of claims by the judge, and the court shall issue no execution therefor. Sec 10. Any person interested in the estate of any person de- ceased, may commence an action as administrator thereof, which sliall not be abated nor the attachment lost by reason that such person is not administrator thereof, nor by his decease, if the ad- ministrator then or afterwards appointed shall, at the first or second term of the court, endorse the writ and prosecute the same as plaintiff. Sec 11. Suits in which an administrator is party, shall not be CHAP. 161.] ADMINISTRATORS — SUITS. 321 abated by reason of his death, or of the extinguishment or revoca- tion of his trust, but may be prosecuted or defended by the admin- istrator who may succeed to the trust, who may be called into court by scire facias, in the same manner and with the like effect as in cases of the death of other parties. Sec. 12. Writs of attachment and execution against administra- tors, where the cause of action was against the person deceased, shall run only against the goods or estate of the deceased, and the administrator shall not be arrested or his estate attached or levied upon in such action. Sec. 13. Upon return of "no goods" or "waste " made by the sheriff on such execution, an execution may be awarded on scire facias against the goods, estate and person of the administrator, as for his own debt, to the amount of such waste, if it can be ascer- tained, otherwise for the whole debt. Sec. 14. The estate of any person deceased and the administra- tor thereof shall be liable upon joint demands against the deceased and any other person, as they would be if such demands were joint and several, unless it shall appear that it was the intention of the parties that the survivor only should be liable. Sec 15. A joint administrator or guardian may have an action of account or assumpsit against the other administrator or guardian, who shall refuse to apply the estate in his hands to the discharge of the just demands against the same, or who shall refuse to ac- count therefor, and shall recover the amount thereof to which he shall be entitled. Sec 16. Every administrator may prosecute or defend any ac- tion pending in any court against the deceased, in case the cause of action does by law survive ; and in such case, any appeal or writ of review to which such deceased person was entitled, or which might be prosecuted against him at the time of his decease, may be prosecuted by or against such administrator. Sec 17. If such administrator having been duly served with a scire facias, shall neglect or refuse to become a party to the suit, judgment may be rendered against the estate of the deceased, in the same manner as if the administrator had voluntarily become a party to the suit. Sec 18. In all cases where an administrator shall become a party to a suit then pending, he shall be entitled to one continuance of course. Sec 19. The administrator may, as such, maintain any action necessary and proper to be brought in relation to real estate set off to him for debts due the estate, and to the real estate of the de- ceased in cases of insolvency, until the administration is closed. Sec 20. The administrator, as such, may prosecute and defend all real actions pending at the decease of the testator or intestate, and may, within one year after such decease, bring a review of 41 322 INSOLVENT ESTATES. [title XIX. aiiy real action in which there shall be a right of review at such decease, and prosecute the same for the use of the persons interested in such estate. CHAPTER 163. OF INSOLVENT ESTATES. Section 1. Decreeof insolvency and appointment of commissioner. 2. Commissioner to give notice. 3. Time for presentment of claims. 4. Last sitting, when to be. 5. Commissioner to be sworn. 6. " to swear witnesses. 7. " to allow demands not payable when allowed. 8. Commissioner to allow interest. 9. " to allow offsets. 10. Collateral security estimated. 11. If creditor dissatisfied, proceedings. 12. Judge may allow further time. 13. " " appoint substitute. Section 14. List of claims to be reported. 15. " " " may be corrected. 16. Claims of administrator, how allowed . 17. " " " may be re- ferred. 18. Preferred claims, what are such. 19. Claims for last sickness allowed. 20. Dividend of residue to be decreed. 21. " how made out. 22. " on after accounts settled. 23. Residue of estate, how settled. 24. Commissioner's compensation. 25. Where no property, administrator discharged. Section 1. The estate of any person deceased may, on appli- cation of the administrator, be decreed to be administered as an insolvent estate, and one or more persons not exceeding three, shall be appointed commissioners to examine and allow the claims of the creditors against the estate. Sec. 2. The commissioner shall give notice of the times and places by him appointed to examine and allow such claims, in such manner as the judge shall in his commission direct, and shall in his report state the times and places of meeting and the manner of giving notice thereof, and file in the probate office satisfactory evidence of such notice. Sec. 3. A time not less than six nor more than nine months from the date of such commission, shall be prescribed by the judge therein, for the creditors to bring in and support their claims against such estate. Sec. 4. The last session of the commissioner shall be within the last seven days of the time prescribed in his commission. Sec 5. Before any person shall enter upon the duties of com- missioner, he shall be sworn to the faithful and impartial discharge thereof, and a certificate of such oath shall be written on the back of the commission. CHAP. 162.] INSOLVENT ESTATES. 323 Sec. G. The commissioner shall have power to swear witnesses, and, if he deems it expedient, to examine on oath the creditor, toucliing any claim exhibited to him for allowance. Sec. 7. The commissioner shall examine and allow all jnst demands which the deceased owed, that shall be exhibited to him, althongh snch demands may not be payable at the time of such allowance. Sec. 8. He shall allow interest on demands carrying interest, to the expiration of tlie commission, and on demands not ordinarily carrying interest, to the same time, from the death of the testator or intestate ; bnt from demands not payable and not on interest, he shall discount such sum as will reduce them to their just present value. Sec 9. When there are mutual demands between the deceased and the person claiming as a creditor, which, if due, might be legally or equitably offset against each other, the commissioner, if there is a balance in favor of such creditor, shall consider such mutual demands, and allow the creditor only the balance justly due. Sec 10. If any creditor holds collateral security for his debt, of less value than such debt, the commissioner shall estimate the value of such security, and allow him only the difference between such sum and his debt, and shall return with his report and give to such creditor on request, a certificate of such estimate. Sec 11. If the creditor, being dissatisfied with such estimate, shall relinquish his interest in such security and deliver up the same to the administrator, the property thus surrendered shall, under the direction of the judge, be sold or disposed of by the ad- ministrator and the proceeds paid to the creditor, and the difference between the sum so paid him and the amount of his claim, shall be inserted upon the list of claims in place of the sum allowed by the commissioner. Sec 12. For a sufficient cause the judge may allow a further time or times to the creditors, not exceeding in the whole two years from the date of the original commission, in which case the notice originally ordered, shall be renewed and such farther notice given as the judge shall order. Sec 13. If, during the pendency of any such commission, any commissioner shall be incapacitated or prevented from discharging the duties thereof, the judge may in any stage of the proceedings substitute some other person to complete such duties, who shall be sworn as aforesaid, or in such case, for good cause shown, may set aside the commission and issue a new one which shall be deemed and taken as the orighial commission. Sec 14. At the end of the time limited in the commission, the commissioner shall make his report to the probate office, and pre- sent a list of all the claims presented for allowance, and the amount allowed thereon. 324 INSOLVENT ESTATES. [tITLE XIX. Sec. 15. At any time before the decree of distribution, any errors happening in the report may by leave of the court be corrected by the commissioner ; but no claim shall be diminished without notice to the creditor or his agent, nor increased without notice to the administrator, and no new claim shall be inserted by virtue of this provision. Sec. 16. Claims of the administrator against the estate shall not be examined or allowed by the commissioner, but the same shall be examined and allowed, if just, by the judge on the settlement of his administration account, and added to the list of claims ; notice of such clami being given ui the citation to the heirs and others to hear such account. Sec. 17. If such claim is contested by any heir or creditor, the judge, unless the parties shall agree in writing that he shall decide it, shall refer the same to one or more referees whose report, when accepted by the judge, shall be final, and the amount allowed placed on the list of claims. Sec. 18. The expenses of administration, the necessary charges for the burial of the deceased, the allowance made by the judge to the widow out of the personal estate, and all rates and taxes shall be allowed by the judge and first paid, giving preference to them in the order in which they are here placed. Sec. 19. The claims for the last sickness of the deceased shall be designated as such in the commissioner's report, and shall be paid in full, if the balance in the hands of the administrator, after the other payments before directed are made, is sufficient, otherwise such balance shall be distributed ratably to the creditors of such debts, in proportion to their respective claims. Sec. 20. If, after payment in full of the claims before mention- ed, any balance shall remain in the hands of the administrator, it shall be decreed to be distributed among the other creditors, in proportion to their respective claims allowed as aforesaid, or in fidl payment thereof, Avith interest. Sec. 21. Such decree shall contain the names of the creditors, the sums allowed them, and the sums they are respectively entitled to receive from the administrator on such estate. Sec. 22. The balance on any second or further account rendered on such estate, shall be distributed in like manner, until the credit- ors shall have received the sums allowed them in full, with interest, if the estate shall so far extend. Sec. 23. If any thing shall remain after payment of the preferred claims, the debts due from the estate and for the support of the children, if any under seven years of age, such residue shall be distributed among the legatees or heirs according to law. Sec. 24. The administrator shall pay the commissioners a rea- sonable compensation for their services, which shall be allowed by the judge on settlement of the account of administration. Sec. 25. If the estate of any person deceased, after deducting CHAP. 163.] APPEALS FROM COMMISSIONERS. 825 the allowance made to the widow, shall be expended in defraying the expenses of the last sickness and fimeral of the deceased, and expenses of administration, the administrator on settlement of his account shall be wholly discharged by decree of the judge, from all claims of the creditors against such estate, without any other proceedings whatever. CHAPTER 163. OF APPEALS FROM COMMISSIONERS. Section 1 . Creditor may appeal, how and when. 2. Appeal, how prosecuted. 3. Administrator may appeal. 4. Creditor, how to prosecute his claim. 5. Pleadings and proceedings, what. 6. Creditor not prosecuting, barred. 7. Administrator to recover costs, when. 8. Creditor admitted to defend, when. 9. Judgment, how certified, by court. Section 10. No review on such appeal. IL Claim may be referred. 12. Award, proceedings on. 13. Claims not barred against heirs, when. 14. Sureties not liable for dividends after one year. 15. Demands not presented or allowed, barred. Section 1. Any creditor dissatisfied with the decision of the commissioners upon any claim by him exhibited, may appeal therefrom by petition to the judge, filed in the probate office within thirty days after the acceptance of their report, and shall file there- with a declaration in proper form upon his claim. Sec. 2. The judge shall order the administrator to be served with a copy of such petition and declaration, and the creditor shall enter his action at the next court of common pleas, and produce attested copies of such petition, declaration and order of notice, and evidence of compliance with such order. Sec. 3. If the administrator is dissatisfied with the allowance of any claim, he may apjDeal therefrom by petition to the judge, filed in the probate ofiice within thirty days after the acceptance of the report ; and if the creditor, or his agent or attorney is not present to take notice thereof, the judge shall order notice thereof to be given to the creditor. Sec 4, The creditor being notified of such objection, shall file his declaration within thirty days after, and serve a copy thereof upon the administrator, and prosecute the same in the manner pre- scribed where a creditor shall appeal. Sec 5. Upon such declaration such pleadings may be made, issues joined and proceedings had as the court may direct or allow. Sec 0. If the creditor shall fail to enter his action in manner aforesaid, or to recover judgment thereon, his demand shall be for- 326 APPEALS FROM COMMISSIONERS. [TITLE XIX. ever barred, and whatever was allowed by the commissioners, shall be struck from the list of claims. Sec. 7. The administrator shall recover costs, if the creditor fail to enter his action upon filing a complaint, or if the creditor appealing fail to recover more than was allowed by the commis- sioner. If the appeal was taken by the administrator, the creditor shall be allowed his costs, if the amount allowed him by the com- missioner is not reduced. Sec. 8. Any creditor may be admitted to defend such action with or without the administrator, giving such security for costs as the court may order. Sec. 9. The judgment of the court of common pleas shall be certified to the judge of probate, and the amount recovered by the creditor, including costs, shall be added to the list of claims, and the sum allowed by the commissioner, if any, struck therefrom. Sec 10. There shall be no review of any judgment rendered on an appeal from the judgment of commissioners. Sec. 11. If the creditor and administrator in either of the cases aforesaid shall, within said thirty days, agree before the judge to submit the disputed claim to referees, a rule therefor shall be granted, and their report being accepted by the judge shall be final. Sec 12. The amount awarded by such referees shall be added to the list of claims, and the sum allowed by the commissioner struck therefrom, and the costs of reference may be allowed to either party by the judge in his discretion ; and if allowed to the creditor, shall be added to the list of claims, and if to the admin- istrator, the judge shall issue his warrant of distress therefor. Sec 13. The remedy of any creditor against the heirs or de- visees of any estate, upon any claim which could not be allowed by the commissioners, because it depended upon a contingency which did not happen during the pendency of such commission, shall not be barred by any neglect to present the same to the com- missioners. Sec 14. No surety of any administrator of an insolvent estate shall be liable for the sum decreed to be paid to any creditor, unless a suit therefor shall be commenced against him within one year from the making of the decree, if the creditor had notice thereof within six months after such decree. Sec 15. All demands against any estate which might be pre- sented to the commissioners, and were not so presented, and all demands so presented and rejected, and not allowed upon an appeal as aforesaid, shall be forever barred. CHAP. 104] SALE OF REAL ESTATE. 327 CHAPTER 164. OF LICENSE TO SELL REAL ESTATE. Section 1. License to sell, when granted. 2. " may include the reversion of dower. " may include whole estate, when. " not granted, if bond given. Judge may limit amount and tracts. Sale of timber, &c., when licensed. Section 7. Judge may require new bond. 8. Administrator's oath, form of. 9. Sale and conveyance, how made. 10. License where contract to convey. 11. " where sale authorized by will. 12. Fraud in sale is breach of bond. 13. Evidence of sale, how perpetuated. 14. Sale must be within two years. Section 1. The judge of probate, on application of the admin- istrator, may grant license for the sale of the real estate of any person deceased, or of lands purchased or set off to the adminis- trator in payment of debts due to the estate, where the personal property shall be insufficient to pay the just demands by law chargeable to the estate. Sec. 2. Such license may extend to the reversion of the widow's dower or to any interest in land whatever ; but any other estate, except a present fee, shall be particularly specified in the application, notice and license. Sec 3. If the real estate is so situated that a part thereof cannot be sold, without injury to the persons interested therein, license may, on application, be granted to sell the whole of such estate, though it may be more than sufficient for the payment of said demands. Sec. 4. No such license shall be granted, if the heirs or devisees will give to the judge a bond, with sufficient sureties, for the pay- ment of such just demands and to indemnify the administrator therefrom. Sec. 5. The judge in such license shall fix the sum of money to be raised by such sale, and may, when he shall judge it expedi- ent, specify the tracts or parcels to be sold. Sec 6. The judge may grant license to any such administra- tor to sell the timber or wood growing or standing on any real estate of the deceased, whenever the sale thereof, separate from such real estate, shall be beneficial to the persons interested ; and such timber or wood shall be deemed to be real estate. Sec 7. The judge, either before or after any license to sell real estate is granted, may require from such administrator a bond, with sufficient sureties, to account for the proceeds of such sale in such manner as the judge shall order. Sec. 8. The administrator, before proceeding to act under any license, shall take the following oath: •328 SALE OF REAL ESTATE. [ IITLE XIX. ••' I, do solemnly swear that in disposing of such estate of deceased, as I am licensed to sell, I will use my best judgment in fixing on and advertising the time and place of sale, and will exert my utmost endeavors that the same shall be sold in such manner as will be of the greatest advantage to the persons interested in said estate, without any sinister or selfish views whatever. So help me God." A certificate of such oath shall be filed in the probate ofiice be- fore the settlement of the account of administration. Sec. 9. Every such sale shall be made at public auction, and the administrator so authorized and sworn, and having so advertised and sold, may execute and deliver a valid conveyance of the estate sold to the purchaser, being the highest bidder, his heirs and assigns. Sec 10. When any person deceased shall have contracted in writing to convey real estate, and was prevented from making such conveyance by death, and the party contracted with has performed or is ready to perform the condition of such contract, the judge may grant a license to the administrator to make such conveyance as the deceased, if alive, would be bound to make. Sec. 11. When it shall clearly appear by the will of any person deceased, to have been his intention that his executor should dis- pose of his real estate for any lawful purpose, but the words used are insufficient for that purpose, or when the estate shall be admin- istered by some other person than the executor named therein, the judge may grant license to the administrator to sell the same, for the purpose and in the same manner intended by the testator. Sec. 12. In all cases, fraudulent conduct in the sale of real estate, misappropriation of the proceeds thereof, or refusal to ac- count for the same shall be a breach of the administrator's bond. Sec. 13. Any administrator, purchaser or person interested, may petition the judge to perpetuate the evidence of any facts set forth in such petition, relative to any proceeding connected with such administration, and the judge after due notice may decree that all or any of said facts are proved, and such decree shall be conclu- sive evidence of those facts. Sec 14. No license shall be available to sustain any sale made by any administrator under the same, unless made Avithin two years from the granting thereof. CHAP. 165] WIDOW 3 DOWER. 329 CHAPTER 165. OF THE WIDOW'S ALLOWANCE, DOWER AND DISTRIBUTIVE SHARE. Section 1. Allowance to widow of intestate. 2. " to widow of a testator. 3. Dower of lands of which husband died seized. 4. " not of unimproved lands. 5. " how estimated. 6. " when specially assigned. 7. Waste in dower forbidden. Section 8. Widow's share, testator without issue. 9. (( (( intestate without issue. 10. " " property in her right. 11. " 11 none, if settlement made. 12. IC (1 intestate leaving issue. 13. (( " testator leaving issue. 14. Share of widow in personal property. Section 1. The judge of probate may make to the widow of any person deceased intestate, a reasonable allowance out of the personal estate, for her present support, and in the decree of dis- tribution of the estate the whole or such part thereof as the judge may deem reasonable, shall be accounted as part of her share. Sec. 2. If the widow of any person deceased testate, shall waive the provision made for her in the will, the judge may make to her a similar allowance. Sec 3. The widow of every person deceased, shall be entitled to her dower in the real estate of which her husband died seized, to be assigned to her by the court of probate in one or more par- cels thereof as may be convenient. Sec 4. No widow shall be entitled to dower in any lands, un- less the same were, during the marriage and seizin of the husband, in a state of cultivation, or were used or kept as a wood or timber lot, and occupied with some farm or tenement owned by the hus- band. Sec 5. Every widow having right of dower, shall be endowed of so much of any real estate of the husband, as will produce a yearly income equal to one third of the yearly income thereof, at the time the husband died or parted with his title. Sec 6. When the dower of any widow cannot be conveniently and equitably assigned by metes and bounds, she shall be endowed thereof in a special manner as of the third part of the rents and profits thereof, to be estimated as aforesaid. Sec 7. No widow shall commit or suffer any waste of the land, or real estate of which she is endowed, but shall maintain the same in good repair during her estate therein, and shall be answer- able to the owner of the reversion for any waste done or suffered thereupon ; but the consumption of necessary fuel taken therefrom, at her residence, when she shall not reside on her dower, shall not be deemed Avaste. Sec 8. The widow of every person deceased testate, leaving 42 330 DESCENT AND DISTRIBUTION. [TITLE XIX. no lineal descendant, shall be entitled in addition to her dower, to one third part of all the estate remaining after the payment of the debts and expenses of administration, if no provision is made for her by the will of the deceased or if she shall waive such pro- vision. Sec. 9. If the deceased is intestate and leaves no such lineal descendant, the widow shall be entitled to one half of all the estate remaining after the payment of the debts and expenses of admin- istration, in addition to her dower. Sec. 10. If the widow in either of the cases aforesaid shall so elect, she shall be entitled, including her dower, to an amount of the estate remaining after payment of debts and expenses of ad- ministration, not exceeding that which the husband received from her or in her right during coverture. Sec. 11. If a settlement shall be made upon the wife before marriage, the provisions of the three preceding sections shall not be in force in such case. Sec. 12. The widow of any person deceased intestate, leaving lineal descendants, shall be entitled, in addition to her dower, to one third part of the personal estate after the payment of the debts and expenses of administration. Sec. 13. The widow of any testator deceased, leaving lineal descendants, if there is no settlement nor any provision made for her in his will, or if she shall waive such provision, shall be entitled, in addition to her dower, to a portion of the personal estate equal to that which a child would receive, if such estate were equally shared between the widow and the children then surviving or leaving issue, and not exceeding in any case one third of such estate. Sec. 14. In such case the widow, if she shall so elect, shall be entitled to one third of the personal estate not disposed of by the will. CHAPTER 166. OF DESCENT, DISTRIBUTION AND ADVANCEMENTS. Section 1. Descent of real estate regulated. 2. Parent, when not entitled. 3. Representation, when not allowed. 4. Heirs of bastards, who are. 5. Distribution of personal estate. 6. State takes, if no heir or devisee. 7. " " if no heir ascertained. 8 Advancements to bo allowed. Section 9. Advancements, how settled. 10. " of real estate. 11. " of personal estate. 12. Estate not devised, first applied. 13. Devisees and legatees to contribute. 14. Receipts to be filed in probate office. 15. Remedy for neglect. CHAP. 160.] DESCENT AND DlSlRlBUTlOiN. S'Sl Section 1. The real estate of every person deceased, not de- vised, subject to any right of dower or curtesy, and liable to be sold by license from the court of probate in cases provided by law, shall descend in equal shares — First, To the children of the deceased and the legal representa- tives of such of them as are dead ; Second, If there be no issue, to the father, if he is living ; Third, If there be no issue nor father, in equal shares to the mother, and to the brothers and sisters or their representatives ; Fourth, To the next of kin in equal shares. Sec. 2. If any person shall die under age and unmarried, his estate derived by descent or devise from his father or mother, shall descend to his brothers and sisters or their legal representatives, if any, to the exclusion of the other parent. Sec. 3. No representation shall be allowed among collaterals, beyond the degree of brothers' and sisters' children. Sec. 4. The heirs of a bastard in the ascending and collateral lines, shall be the mother and her heirs, and bastards and their issue shall be the heirs of the mother, if she has no legitimate issue. Sec. 5. The personal estate of any person deceased, not be- queathed, remaining in the hands of the administrator on settle- ment of his administration account, shall be distributed by decree of the judge — First, To the widow, the share thereof by law prescribed ; Second, The residue in equal shares to the same persons to whom the real estate, if there were any, would by law descend. Sec. 6. If there shall be no heir or devisee of any estate, the same shall accrue to the State. Sec. 7. If no heir or legatee shall be ascertained at the expira- tion of three years from the original grant of administration, the judge shall order the administrator to pay the balance into the state treasury, where it shall be subject to the claim of the persons entitled thereto, upon application to the legislature. Sec. 8. If any heir of any person deceased or any person through whom such heir claims, shall have been advanced by the deceased in his life time, such advancement shall be accounted, according to its value, as part or the whole of the share of such heir. Sec. 9. Such advancements may be taken into consideration in the division of the real estate, and reported by the dividing com- mittee and decreed upon by the judge ; or they may be considered and adjusted by the judge in the decree of distribution of the per- sonal estate. Sec. 10. No deed of real estate shall be deemed an advancement, unless the same is expressed to be made for love or affection, or unless it be proved to be an advancement by some acknowledg- ment signed by the party receiving the same. Sec. 11. No personal property delivered shall be deemed an 332 DIVISION OF ESTATE. [title XIX. advancement, unless proved to be such by an acknowledgment in writing signed by the party receiving it, or by some charge or memorandum thereof in writing made by the deceased or by his order, or unless delivered expressly as an advancement, in the presence of two witnesses who were requested to take notice thereof. Sec. 12. The estate real and personal, not specifically devised or bequeathed, shall be first liable to the payment of the legal charges against the estate and legacies given by the will, and to be applied to make up the share of any child born after the decease of the testator, or of any child or issue of any child omitted or not provided for in the will. Sec. 13. If the same is not sufficient, the property devised and bequeathed shall be liable therefor, and the judge may settle and adjust by his decree the amount of such liabilities, so that each devisee and legatee may contribute in just proportion thereto ; and such liabilities may be taken into consideration and allowed in the division of the real estate, and in granting license for the sale of real estate, and in the decree of distribution of the personal estate, as the case may require. Sec. 14. Every administrator, upon the payment of any legacy or distributive share of any estate, shall take a lawful receipt and discharge therefor and file the same in the probate office, to be there recorded and preserved, the time of its being so filed being certified upon it by the register. Sec. 15. Any administrator may be cited by the judge of pro- bate, upon complaint of any surety or the legal representative of such surety, to file such receipt or discharge in the probate office ; and if he shall neglect or refuse so to do, he shall forfeit twenty dollars and the like sum for every thirty days' neglect afterwards, to be recovered by such complainant, unless the judge shall on a hearing certify the reasons of the omission to be sufficient. CHAPTER 167. OF THE DIVISION OF REAL ESTATE AMONG HEIRS AND DEVISEES. Section 1 . Dower and shares of heirs, &c., to be set off, how. 2. Committee to give notice of hearing. 3. Their report final, after due notice. 4. No committee till guardians or agents appointed. Section 5. Real estate, when assigned to one. 6. Order of preference in such case. 7. Part assigned to one, when and how. 8. Division of estates in common made, n. Heirs to give bond, in what cases. 10. Reversion of dower may be assigned. CHAP. 167.] DIVISION OF ESTATE. 333 Section 1. The judge may cause the dower and share of the widow, and the shares of any or all of the heirs or devisees in the real estate of any person deceased, or any part of it, and in the widow's dower after it shall have reverted, to be divided and as- signed to them in severalty, according to their respective interests, in one or more parcels as may be convenient. Sec. 2. A committee of three or five suitable persons shall be appointed by the judge after due notice, who shall be sworn and shall give to all parties interested, their guardians, agents or attor- neys reasonable notice when they will proceed to make such di- vision, and shall certify in their report that they have given such notice, and to whom, and the names of the parties who appeared before them. Sec. 3. The written report of such committee made after due notice and hearing, being accepted by the judge after due notice, shall be final and conclusive upon all parties. Sec. 4. No committee shall be appointed to make such division until guardians or agents, at the discretion of the judge, have been appointed for all minors and persons interested, who are incapaci- tated to take care of their estates, and agents appointed by the judge to represent and act for those interested, who are out of the State. Sec 5. If any real estate cannot, in the opinion of the commit- tee, be divided among all the heirs or devisees without great prejudice, they shall appraise the same at its just value, giving a general description thereof, and make return of their doings ; and if the same shall be approved by the judge, he may assign the whole to one or more of the heirs, they paying to the other heirs or devisees their respective just shares of the appraised value, or giving bonds to the judge, with sufficient sureties, to pay the same with interest at such periods as he shall order. Sec 6. In such assignment, the oldest male heir or devisee who will accept it, and if there be none such, the oldest female heir or devisee who will accept it, shall be preferred, and between heirs and devisees of different degrees, the nearest of kin shall be pre- ferred. Sec 7. If any part of the real estate shall be of greater value than the share of an heir or devisee, and cannot without great prejudice be divided, the whole of it may be assigned to one of the heirs or devisees, paying such sums of money to the heirs or devi- sees who shall thereby have less than their share, as the committee shall award, or giving bond to the judge, with sufficient sureties, to pay the same at such periods as he may order. Sec 8. If any estate to be divided or assigned as aforesaid, shall be in common with the estate of any other person, the judge upon due notice to such persons may, in his warrant, authorize the com- mittee to make severance and division between the estates so held in common. 334 TRUSTEES. [title XIX. Sec. 9. Every person to whom any estate whatever of a person deceased shall be decreed to be set off, assigned, paid or secured, shall, if required, give bond to the judge of probate, with sufficient sureties, to pay to the administrator, in default of other estate in his hands, his ratable proportion of the just demands with which the estate may be chargeable. Sec. 10. The reversion of the widow's dower may, if the parties request it, be set off, divided or assigned with the other real estate at its just value, to be estimated by the committee. CHAPTER 168. OF TRUSTEES OF ESTATES. Section 1. Trustees to give bond — their duties. 2. Bond, when not required. 3. Trustee refusing to give bond, de- clines. 4. Trustee may resign, when. 5. Judge may appoint trustee, when. Section 6. Estate vests in such trustee, when. 7. Trustee may be removed, when. 8. Trustee appointed to receive and man- age estate. 9. Judge may authorize sale of property and control its manacrement. Section 1. Every trustee to whom any estate real or personal shall be devised in trust for any minor or other person, by the will of any person deceased, shall give bond to the judge of probate, with sufficient sureties, in such sum as the judge may order, con- ditioned— First, That the trustee shall make and file in the probate office a true inventory of the real estate, goods, chattels, rights and credits so devised, at such time as the judge shall order ; Secondly, That he will annually render an account to the said judge of the animal income and profit thereof; Third Ijj, That at the expiration of said trust he will adjust and settle his accounts with the judge, and pay and deliver over all balances, money and property with which he has been intrusted ; and, Fourthly, That he will faithfully execute such trust according to the true intent of the devisor. Sec. 2. If the testator in his will has directed or if the parties interested in such trust property, being of age and capable, shall request that no such bond be taken, the trustee shall not be required to give such bond, so long as he shall continue faithfully to execute the trust. Sec. 3. Any person appointed a trustee as aforesaid, who shall neglect or refuse to give such bond, shall be considered as having declined the acceptance of such trust. CHAP. 1G9.] TRUSTEES BONDS AND SUITS. 385 Sec. 4. Any trustee so appointed or appointed by the jndge in pursuance of this chapter, may upon request in writing to the judge, be permitted to resign the trust, if the judge shall think it expedient. Sec. 5. If any trustee appointed in any will, no provision being made therein for perpetuating the trust, shall decline accepting the same, or shall die, or shall resign or be removed, a trustee may be appointed by the judge in his stead, after notice to the persons in- terested in such trust estate. Sec. 6. Every trustee so appointed by the judge, shall be bound by the provisions of this chapter in the same manner as if he were appointed by such last will, and the estate so given in trust shall vest in such trustee in like manner, to all intents and purposes, as the same vested in the original trustee under such will. Sec. 7. Any trustee who shall become disqualified for the dis- charge of the trust by becoming insane, or otherwise incapable, or evidently unsuitable for the execution of the trust, or who shall neglect or refuse to comply with the provisions of this chapter, may, after notice to such trustee and other parties interested, be removed by the judge. Sec. 8. Any trustee appointed by the judge, shall demand and receive of the original trustee, all such estate as shall have come to his hands by virtue of such trust, and shall manage, pay and deliver over such property or the income thereof, in the same man- ner and under the same obligations and duties as guardians are now by law obliged to do. Sec. 9. The judge of probate, on application of any such trustee or any person interested, may, after notice to all persons interested, authorize and require such trustee to sell any property so holden in trust, and to invest the proceeds of such sale in such manner as will be most for the interest of all persons concerned therein, and such judge may from time to time make such orders and decrees as he may think just and reasonable, in relation to the sale, man- agement, investment and disposition of such trust property, and to the settlement of the account of such trustee. CHAPTER 169. OF BONDS TO THE JUDGE AND SUITS THEREON. Section 1. Bonds to be made to the judge. 2. New bonds may be required, when. 3. Sureties may be discharged, how. 4. License to sue bond, how given. Section 5. Names of parties endorsed on writ. 6. Suits on bond, how brought. 7. Judgment, security for all interested. 8. Execution awarded to parties, how. 836 BONDS AND SUITS. [title XIX. Section 9. Sucli parties deemed creditors. 10. Order of attachments to control. 11. Others admitted to prosecute, how. 12. Scire facias on judgment, when. 13. Execution awarded thereon. Section 14. Judgment not a bar against an obligor. 15. Nor against any other claimant. 16. Costs, how recovered. 17. No review of such action allowed. Section 1. All bonds hereafter given to a judge of probate, shall be made to " the judge of probate for the county of ," without naming the incumbent of the office. Sec. 2. If the sureties or the penalty in any bond given to the judge of probate, shall be insufficient, the judge shall require the principal therein to furnish new bonds, with satficient penalty and sureties, and upon refusal or neglect after due notice and a reason- able time allowed, shall revoke the trust of such principal. Sec 3. The judge of probate, on application of any surety, may require ncAV bonds to be filed, and after due notice may, in his discretion, discharge such surety from all further responsibility upon such bond. Sec 4. Any person interested in any bond given to a judge of probate, may apply to the judge for an order for the suit thereof, setting forth his claim intended to be recovered in such suit, and the judge after due notice and hearing the parties, may make such order, upon the applicant giving bond, with sufficient sureties, to pay the costs which may be adjudged against him. Sec. 5. The name and residence of every person at whose request such order is made and suit instituted, shall be endorsed on the writ before the service thereof, with a brief statement of his claim. Sec 6. In such suits, the defendants shall be called to answer to " the judge of probate for the county of ," without mentioning the name of the judge to whom the bond was given, or who fills the office ; and no suit on any such bond shall be abated or discontinued by any vacancy or change in the office of judge. Sec 7. When it shall appear upon confession, verdict, demurrer or in any other way, that the penalty of such bond is forfeited, judgment shall be rendered against the defendant for such penalty, and such judgment shall be a security for all interested. Sec 8. Upon a hearing in chancery on such forfeiture, the court shall examine and ascertain the claims of the parties whose names are endorsed upon the writ, and judgment shall be rendered for such parties respectively, for the amount so ascertained, " that the judge of probate for the county of now have execution for , being part of the penalty forfeited, and costs taxed at , for the use of A. B. of C," with such further description as the com't may deem expedient. Sec. 9. The party for whose use such judgment shall be ran- CJIAI'. I(?J.J liO.NDS AND SLITS. 337 dered, may sue out execution thereon and shall be taken to be the creditor ; and if such execution is levied on real estate, the same shall vest in such party as it would do if he were the nominal as well as real plaintiff in the suit, and the attachment made on the original writ shall enure to his benefit in the same manner. Sec. iO. If there be more than one party for whose use such executions may be awarded, the order of priority in the attachment shall be as designated in the endorsement on the original writ, and if there be no such designation, in the order in which the names are endorsed. Sec. 11. During the pendency of such suit, the court, on motion, may order the name of any person interested to be endorsed on the original writ in manner aforesaid, and he shall thereupon be entitled to the same rights as if his name had been so endorsed before the service of such writ, but subsequent to the other endorsers, upon his giving bond with sureties for the payment of costs. Sec. 12. After judgment for the penalty of such bond, any per- son interested, upon giving bond to the judge of probate, with sufficient siueties, for the payment of such costs as may be adjudged against him, may sue out a scire facias on such judgment to show cause why execution should not be awarded for his use out of the same. Sec. 13. On such scire facias the claim of such person shall be examined, and execution therefor awarded in manner aforesaid, and he shall be taken to be the creditor as aforesaid. Sec. 14. No suit or judgment on such bond shall operate as an abatement or bar to any suit thereon, against any obligor against whom no suit has been commenced or judgment rendered. Sec 15. A judgment in favor of the obligors shall in no case operate as a bar to any suit thereon, for the benefit of a different claimant or of the same claimant for a different claim. Sec 16. Execution may be awarded for costs adjudged to the defendants in any such suit, against the parties for whose benefit the suit was brought or maintained, or the defendants may have their remedy on the bonds taken in the probate office therefor. Sec 17. Neither party shall have a right of review in any suit upon a probate bond. 43 338 APPEALS — PROBATE COURT. [TITLE XIX. CHAPTER 170. OF APPEALS FROM THE COURT OF PROBATE. Section 1. Who may appeal from decree. 2. Appeal, how claimed. 3. Bonds to be given to prosecute. 4. Notice of appeal to be given 5. Costs for appellant, when. 6. Neglect to prosecute, costs on. Section 7. Appeal allowed within two years, when. 8. Notice of such petition given. 9. Appeal, where determined. 10. Costs, how secured and allowed. 11. Trial by jury, in what cases. 12. Time when decision takes effect. Section 1. Any person aggrieved by any decree, order, appoint- ment, grant or denial of any judge of probate, which may conclude his interest and which is not strictly interlocutory, may appeal therefrom to the superior court of judicature next to be holdeii in the county. Sec. 2. Such appeal shall be claimed within sixty days from the time of making such decision and not after, in writing signed by the party appealing or his attorney, setting forth his interest therein and the reasons of his appeal. Sec. 3. The person appealing shall give bond with sufficient surety to prosecute his appeal with effect, and to pay all such costs as shall be awarded against him by the superior court. Sec. 4. Notice shall be immediately given of such appeal and of the court at which it will be entered and prosecuted, in some newspaper printed in the county, if such there be, otherwise in some newspaper printed in the State. Sec. 5. If the decision of the judge of probate is reversed or altered, the superior court shall tax costs for the appellant, other- wise for the appellee, and may issue execution therefor. Sec. 6. If such appeal shall not be prosecuted, any person inte- rested may file a complaint before the court appealed to, and have the decision appealed from affirmed, and judgment and execution for his costs. Sec. 7. Any person aggrieved by any such decision of a judge of probate, who was prevented from appealing therefrom within said sixty days through mistake, accident or misfortune, and not from his own neglect, may petition the said superior court, at any time within two years thereafter, to be allowed an appeal, setting forth his interest, his reasons for appealing and the causes of his delay. Sec. 8. Upon such petition, an order of notice shall be issued, requiring the petition and such order to be published in some newspaper three weeks successively, the last publication thereof to be at least thirty days before the sitting of said superior court to which it is returnable. CHAP. 171.] COURTS SUPERIOR COURT. 339 Sec. 9. If it shall appear that the petitioner has not unreasona- bly neglected to appeal, and that injustice has been done by the decision of the judge of probate, such appeal shall be allowed, heard and tried on such petition. Sec. 10. The court may require the appellant to give security for costs, and costs may be allowed to either party at the discretion of the court. Sec 11. On such appeal, if any fact material to the cause shall be disputed, the court may direct an issue proper to try such fact to be formed, and ascertain the same by the verdict of a jury. Sec 12. Every decision of a judge of probate, so far as the same shall be affirmed or unaltered by the superior court upon ap- peal, shall be considered to have been in force from the time the same was made or passed by the judge of probate. TITLE XX. OF COURTS AND THEIR OFFICERS. Chapter 171. Of the superior court. Chapter 172. Of the coiirt of common pleas. Chapter 173. Of the adjournment of courts. Chapter 174. Of clerks of courts. Chapter 175. Of justices of the peace. Chapter 176. Of juries. Chapter 177. Of attorneys. Chapter 178. Of sheriffs. Chapter 179. Of coroners and constables. CHAPTER 171. OF THE SUPERIOR COURT OF JUDICATURE. Section 1. Superior court, how constituted. 2. Jurisdiction in cases at common law. 3. " as to special writs. 4. " to correct errors of other coiuts. Section 5. Jurisdiction given by statute. 6. Chancery powers of court. 7. Powers in case of injunctions. 8. Issues of fact, how determined. 9 Rules of practice adopted. 340 SUPERIOR COURT OF JUDICATURE. [tITLE XX Section 10. Quorum, what constitutes. 11. Judicial districts formed. 12.- Terms of the court, when holden. Sectio.h 13. Court in district to be for each county. 14. Powers and duties of clerks. Section 1. The superior court of judicature shall consist of a chief justice and two associate justices, appointed and commissioned as prescribed by the constitution. Sec. 2. The said court shall have jurisdiction of all pleas real, personal and mixed, and of all civil actions and criminal proceed- ings commenced according to the course of the common law, which may be legally brought before them. Sec 3. The said court shall have exclusive authority to issue writs of error, certiorari, mandamus, prohibition and quo Avarranto, and may issue writs of habeas corpus and all other writs and pro- cesses to courts of inferior jurisdiction, to corporations and indi- viduals, for the furtherance of justice and the due administration of the laws. Sec. 4. The said court shall have the general superintendence of all courts of inferior jurisdiction, for the prevention and correc- tion of errors and abuses, where thg laws have not expressly provided a remedy. Sec 5. The said court shall have jurisdiction of all questions of divorce and alimony, and all appeals from courts of probate and applications therefor, all applications for review or new trial founded on any statute, petitions for the redemption and foreclosure of mortgages, petitions for partition of real estate, of proceedings relating to the forfeiture of any estate or franchise granted by the State, and of all actions and questions whatever which shall be transferred from the courts of common pleas for decision according to law. Sec 6. The said court shall have power to hear and determine, as a court of equity, in cases of grants, devises and appointments of any real or personal property for any charitable use, in all cases of trust, fraud, accidents or mistakes, in cases respecting the adjust- ment of the concerns of copartners, joint tenants and tenants in common, in cases respecting the redemption and foreclosm'e of mortgages, in cases respecting the assignment of dower where the probate court has not jmisdiction, in cases respecting the secreting and withholding any personal property where there is not a plain, adequate and sufficient remedy at common law, in suits to compel the specific performance of contracts, and in suits for discovery in cases where a discovery may be lawfully required. Sec 7. The said court may grant writs of injunction, whenever the same shall be necessary to prevent injustice, and any justice of said court may issue writs of injunction to stay proceedings or waste until the end of the next term of said court in any county, unless sooner dissolved. Sec 8. No jurors shall be summoned at the superior court : Imt CHAP. 171.] SUPERIOR COURT OF JUDICATURE. 341 if it shall be found necessary in any case to ascertain any facts by a jnry, an issue shall be made up, under the direction of said court, and transmitted to the court of common pleas for trial, and the ver- dict of the jury thereon shall be certified to said superior court, and judgment rendered thereon as the case may require. Sec. 9. The justices of the superior court shall make, from time to time, all necessary rules and orders for conducting the business in said court and in the court of common pleas. Sec. 10. If two of the justices of said court shall be legally disqualified to act as such in any case, the other justice shall hear and determine such case, and shall have all the powers of the court. Sec. 11. For the business of the superior court the State is di- vided into five judicial districts, as follows : District No. 1, to consist of the counties of Rockingham and Strafford ; District No. 2, of the counties of Merrimack and Hillsborough ; District No. 3, of the counties of Cheshire and Sullivan ; yf3istrict No. 4, of the counties of Belknap and Carroll ; and ^District No. 5, of the counties of Grafton and Coos. Sec 12. The superior court shall be holden annually within said districts, at the times and places following : At Exeter, on the third Tuesday of July, and at Dover, on the third Tuesday of December, for the counties of Rockingham and Strafford ; At Concord, on the second Tuesday of July, and at Amherst, on the second Tuesday of December, for the counties of Merrimack and Hillsborough ; At Keene, on the first Tuesday of December, and at Newport, on the first Tuesday of July, for the counties of Cheshire and Sullivan ; At Ossipee, on the fourth Tuesday of July, and at Oilman ton, on the fourth Tuesday of December, for the comities of Belknap and Carroll ; At Haverhill, on the Tuesday next after the fourth Tuesday of December, at Plymouth, on the Tuesday next after the fourth Tuesday of July, and at Lancaster, on the Tuesday next after the term of said court at Plymouth. Sec 13. The said court sitting in any county in any district, shall have jurisdiction and may take cognizance of all matters arising in either county or counties belonging to the district, in the same manner as though such matters had arisen within the county where the court is sitting. Sec 14. The clerk of the superior court in each county shall attend at each term of said court within the district to which his county belongs ; and under the direction of the court, discharge his duties in relation to the business of his own county, in the same manner as if the court Avere sitting therein. 342 COURT OF COMMON PLEAS. [TITLE XX. CHAPTER 172. OF THE COURT OF COMMON PLEAS. Section 1. Court, how constituted. 2. Quorum of justices, what. 3. Jurisdiction original in civil cases. 4. " in criminal cases. 5. " of appeal, and highways. 6. " to try issues of fact. 7. Bills of exceptions. Section 8. Transfer of questions of law. 9. Decision thereof, how certified. 10. Disqualification of judges. 11. Terms of the court. 12. Chapters 171 and 1 72, when to take effect. Section 1. The court of common pleas shall consist of the jus- tices of the superior court, of two justices of the court of common pleas, to be appointed and commissioned as prescribed by the con- stitution, and of the justices of the court of common pleas appoint- ed for each county. The chief justice of the superior court shall be chief justice of the court of common pleas, and the chief or senior justice of the superior court present at any court of common pleas, shall preside ; and if no justice of the superior court be pre- sent, the senior circuit justice present shall preside. Sec. 2. The court of common pleas shall be holden by one or more justices of the superior court, or one or more circuit justices, and one or both judges of the court of common pleas for the coun- ty ; but if the justice of the superior court or the circuit justice presiding, shall be disqualified or decline sitting in any case, and no other justice of the superior court or circuit justice be present, the county judges shall be a quorum for all purposes. Sec. 3. The court of common pleas shall have original jurisdic- tion of all civil actions in which the proceedings shall be according to the course of the common law, except in cases where justices of the peace have jurisdiction, and Avhere the proceedings must be commenced by writs of which the superior court has exclusive jurisdiction, and in all other cases provided by law. Sec. 4. The said court shall have original jurisdiction in all criminal cases whatever, except such as are within the jurisdiction of justices of the peace. Two justices of the superior court shall be present at the trial of every person who shall be charged with any crime, the punishment of which may be death, and the clerk of the court where any such indictment may be found, and every justice who may hold any person to answer for such crime, shall forthwith certify the fact to the justices of the superior court. Sec. 5. The said court shall have jurisdiction of all appeals from justices of the peace in civil and criminal cases, and of all petitions for the laying out and discontinuing of highways in cases provided by law. Sec 6. The court of common pleas shall have authority to try CHAP. 172.] COURT OF COMMON PLEAS. 343 all issues of fact wliich shall be transmitted to them for trial from the superior court, and to make all proper orders relating thereto in their discretion. Sec. 7. Any person aggrieved by any opinion, direction or judg- ment of said court of common pleas in any action or proceeding, may allege exceptions thereto at the same term, which shall be reduced to writing before the adjournment of the court without day, and being conformable to the truth of the case, shall be signed by the presiding justice and be a part of the record in such case. Sec. 8. The question arising upon such exceptions or upon a special verdict, and any issue of law, motion for a new trial or statement of facts agreed upon and signed by the parties in any case, may be reserved and assigned by the presiding justice, if he think fit, to the determination of the superior court, and such jus- tice shall direct such documents and papers as he thinks necessary, to be transmitted to said court. Sec. 9. The decision of said superior court in any of the cases aforesaid, shall be certified by the clerk thereof to the clerk of the court of common pleas in which the action is pending, and such judgment shall be entered or disposition of the action made as is directed therein. Sec. 10. No judge shall sit on the trial of any cause upon appeal, which he has before tried in the court below, nor in any cause in which he has been concerned as a party or attorney. Sec 11. The court of common pleas shall be holden annually, at the times and places following : At Portsmouth, on the first Tuesday of February, and at Exeter, on the fourth Tuesday of August, for the county of Rockingham ; At Dover, on the third Tuesday of January and on the first Tuesday of August, for the county of Strafford ; At Gilford, on the second Tuesday of February and on the third Tuesday of August, for the county of Belknap ; At Ossipee, on the third Tuesday of April and on the second Tuesday of October, for the county of Carroll ; At Concord, on the third Tuesday of March and on the third Tuesday of September, for the county of Merrimack ; At Amherst, on the second Tuesday of April and on the second Tuesday of October, for the county of Hillsborough ; At Keene, on the first Tuesday of April and on the first Tues- day of October, for the county of Cheshire ; At Newport, on the third Tuesday of April and on the third Tuesday of October, for the county of Sullivan ; At Haverhill, on the first Tuesday of September and on the first Tuesday of February, for the western judicial district of the coun- ty of Grafton ; At Plymouth, on the first Tuesday of November and on the third Tuesday of May, for the eastern judicial district of the coun- ty of Grafton ; 844 CLERKS OF COURTS. [title XX. At Lancaster, on the first Tuesday of May and on the third Tuesday of November, for the county of Coos. Sec. 12. This and the last preceding chapter shall go into effect on the first day of January next, and the governor and council may, immediately after the passage of this act, proceed and make the appointments required of them by this chapter. CHAPTER 173. OF THE ADJOURNMENT OF COURTS. Section 1. Power to adjourn. 2. Any justice may adjourn. Section 3. Sheriff may adjourn. 4. Changes of terms. Section 1. The superior court of judicature and court of com- mon pleas may adjourn their sittings from time to time, as they may think proper. Sec 2. If the number of justices required to hold any term of the court, shall not attend, any of the justices present may open and adjourn the court from day to day, or to any future day or to the next term of the court. Sec 3. If none of the justices of the court shall attend at any term, the sheriff" may adjoiu-n the court from day to day, until one of the justices shall attend. Sec 4. When the time or place of holding any court shall be changed by law, all writs, actions, processes, venires and every matter and thing whatever which may be returnable at or contin- ued to such term, shall be returned to, entered, have day and be heard at the times and places fixed by law as aforesaid. CHAPTER 174. OF THE CLERKS OF COURTS. Section 1. Clerk for each county, and to give bonds. 2. " not to be register of deeds or county treasurer. 3. "• to account at each term. Section 4. Clerk to furnish to sheriff list of fines. 5. " to certify copies of record, «fcc., in his office. 6. Clerk's office, where to be kept. 7. Copies agreed on as such, may be used. CHAP. 174.] CLERKS OF COURTS. 34.5 Section 1. There shall be a clerk of the superior court and a clerk of the court of common pleas in each county, each of whom shall, before he enters upon the duties of his ofRce, give bond to the county in the penal sum of five thousand dollars, with two or more sufficient sureties, to be approved by one of the justices of the court of which he is clerk, conditioned for the faithful dis- charge of the duties of his office, the payment of all moneys by him received as clerk, to the State, county or individuals as the law directs, and for the safe keeping and delivery of all records, files and papers belonging to his said office, immediately upon his leaving the same. Sec. 2. No clerk of any court shall be at the same time register of deeds or county treasurer. Sec 3. Every such clerk shall immediately after each term of the court, account with and pay over to the county treasurer all money by him received for the use of the county, and the presi- ding judge shall certify the account of the clerk at the close of each term. Sec 4. Every clerk of said courts shall, at the close of each court, or earlier, make and deliver to the sheriffs, proper writs, warrants and processes for the collection of all fines and forfeitures imposed by said court, and shall make and transmit to the treasurer of the county a list of the same ; and if any clerk shall neglect his duty herein, he shall forfeit the sum of twenty dollars to any person who will sue for the same. Sec 5. The records and files of the several courts of sessions and courts of common pleas heretofore established by law, and all records and files of justices of the peace deceased or removed from their counties, shall be deposited in the office of the clerk of the court of common pleas, who shall give attested copies thereof and shall be for that purpose the proper certifying officer. Sec 6. The clerks of the superior court and court of common pleas shall keep their offices and the records of said courts in one of the towns in Avhich such courts are holden, and if any suitable office is provided by the county, such records shall be there kept. Sec 7. In all cases where it shall become necessary in any ju- dicial proceedings to use or file a copy of any writ, pleading, case or other writing or document, a copy thereof agreed on or certified as such by the contending parties in such proceeding, or by their counsel or attorneys, may be received, used or filed, and shall as between said parties and all persons claiming under them, be as effectual for all purposes as a copy thereof made or certified by any clerk or other certifying officer. 44 346 JUSTICES OF THE PEACE. [title XX. CHAPTER 175. OF JUSTICES OF THE PEACE. Section 1 . Jurisdiction of justices. 2. No evidence of title under general issue allowed to be introduced. 3. Proceedings on plea of title. 4. Action to be entered at court of com- mon pleas. 5. On neglect, costs to be awarded. 6. Appeal may be taken. 7. Appeal, when and how granted. 8. Copies to be filed on appeal. 9. On neglect to enter appeal, costs. 10. Case to be tried in court. Section 11. Costs on appeal for defendant, when. 12. Adjournment of trial. 13. If justice absent, another may act. 14. Justice not to act as attorney. 15. Justices to keep records. 16. Executors and others to deposit re- cords in the clerk's office. 17. Justice removing, to deposit records 18. Justice to issue execution after his commission expires. 10. Justices out of commission to give copy. Section 1. Every justice of the peace within his county may hear, try and determine all pleas and actions in which the title to real estate shall not be drawn in question, when the damages de- manded do not exceed thirteen dollars and thirty-three cents. Sec, 2. When any action of trespass shall be brought before a justice and the defendant shall plead the general issue, he shall not be allowed to offer any evidence that may bring the title to real estate in question. Sec. 3. If, in any such action, the defendant shall plead any special plea by which the title to real estate may be drawn in question, the justice shall record such plea, and no fiu'ther proceed- ings shall be had in such action before him, except that the plain- tiff, if he so choose, may become nonsuit. Sec. 4. In case such special plea shall be filed, the plaintiff may enter his action in the next court of common pleas, and file there attested copies of the writ, plea and all other papers used in said cause, and there prosecute the same as in actions originally com- menced in said court. Sec 5. If such plaintiff shall not enter his action in the court of common pleas, the said court, upon complaint of the defendant, shall allow him his costs both before the justice and at said court. Sec 6. Either party aggrieved by the judgment given by any justice in any civil cause, may appeal therefrom to the next court of common pleas to be holden in the same county. Sec 7. Every appeal shall be claimed witliin two hours after the judgment is rendered, and shall not be granted tmless the party appealing shall enter into recognizance to the adverse party, with sufficient sureties, in the sum of twenty dollars, to pay the costs which may be recovered against him. Sec. 8. The party claiming an appeal, shall produce at the court CHAP. 175.] JUSTICES OF THE PEACE. 347 to which the appeal is claimed, attested copies of the writ, plead- ings, judgment and all other papers used and filed in the cause in the court below. Sec. 9. If any appellant shall fail to enter his appeal, or to pro- duce such copies or to pay the jury fees, the former judgment shall be affirmed and costs taxed for the appellee. Sec. 10. If the court shall reverse the judgment of a justice that any writ be abated, the case shall not be remanded, but shall be heard and determined in said court. Sec. 11. If the plaintiif appeal in any action founded on con- tract, and shall not recover damages to a greater amount than were awarded by the justice, the defendant shall recover his costs on such appeal. Sec. 12. Every justice may adjourn the trial of any civil cause before him to such future time as may be proper, not exceeding three months. Sec. 13. If such justice shall fail to attend at the time and place to which any process is returnable or continued before him, any other justice may attend and continue the same, not exceeding thirty days, without cost to either party and saving the rights of all parties. Sec. 14. No justice shall be of counsel nor act as an attorney to either party, nor advise nor assist any party in any case before him. Sec 15. Every justice shall keep a fair record in one or more books, to be kept for that purpose, of all proceedings, civil or criminal, before him. Sec. 16. The executor or administrator of every deceased jus- tice, and every other person into whose hands the records and offi- cial files of such justice shall come, shall forthwith deposit the same in the office of the clerk of the court of common pleas, where they shall be kept ; and if any such person shall neglect to deposit the same as aforesaid for six months, he shall for each month's neglect afterwards, forfeit and pay to any person who will sue for the same, the sum of five dollars. Sec 17. When any justice in commission shall remove from his county, he shall deposit his records and files with the clerk as afore- said ; and if he shall neglect so to do, he shall forfeit for every month's neglect after such removal, the sum of five dollars to any person who will sue for 4he same. Sec 18. Any justice may issue execution on any judgment recovered before him during his term of office under any former commission, in the same manner as if his commission had not expired. Sec 19. Every person who has sustained the office of a justice of the peace, may give attested copies of any proceedings before him as such justice, and his certificate shall be valid. 348 JURIES. [title XX. CHAPTER 176. OF JURIES. Section 1. List of persons qualified for jurors. 2. Number of names on such list. 3. Who are exempt from serving. 4. Names to be put in a box. 5. Court to direct number, and from what towns. 6. Clerks to issue venires. 7. Venires delivered to town clerks. 8. Notice of tlie drawing, how given. 9. How jurors drawn. 10. Others drawn, in what cases. 11. Jurors drawn to be returned and names excluded from box. Section 12. Town clerk to make record of draw- ing. 13. Notice given to the jurors drawn. 14. Venire and certificate to be returned. 15. On emergency, jurors drawn fortli- with. 16. Penalty for neglect of duty of clerk of court, sheriff or town clerk. 17. Penalty for non-attendance of juror. 18. " for misconduct of selectmen. 19. " " " of town clerk. 20. Talesmen to be returned, when, 21. Jurors may be examined as to inte- rest or bias. 22. Oaths of jurors, forms. Section 1. The selectmen of each town shall annually, in De- cember, make a list of such persons as they shall judge best quali- fied to serve as jurors ; and the list thus annually made by the selectmen, shall be by them kept and delivered over to their suc- cessors in office. Sec 2. Such list shall not contain the names of more than fifteen persons in towns containing less than one hundred and fifty ratable polls, twenty-five in all other towns containing less than three hundred, thirty in all other towns containing less than four hundred, thirty-five in all other towns containing less than five hundred, forty in all other towns containing less than twelve hun- dred, and forty-five in all other towns containing more than twelve hundred ratable polls. Sec. 3. The governor, secretary and treasurer of the State, judges and clerks of the courts, register of probate, register of deeds, sheriff's and their deputies, counsellors and attorneys at law, or- dained ministers, and practicing physicians and surgeons are ex- empted from serving as jurors, and their names shall not be placed on said lists. Sec 4. The names on said list shall be written upon separate and similar pieces of paper, which shall be so rolled up that the names cannot be seen, and placed in a box to be provided for that purpose by the selectmen, which shall be delivered to the town clerk to be kept by him under lock. Sec 5. The courts shall direct the number of jurors to be sum- moned, and from what towns, in such manner that each town may furnish its due proportion of jurors in each year. CHAP. 176] JURIES. 349 Sec. 6. The clerk of the court of common pleas shall issue writs of venire facias, directed to the clerks of such towns as the court may order, forty days before the sitting of such court, requiring each of them to cause to be selected and returned so many jurors as are therein mentioned. Sec. 7. The clerk shall cause such venires to be delivered to such town clerks twenty-five days, or to the sheriff forty days, before the sitting of the court, and the sheriff shall cause all venires so delivered to him, to be delivered to the town clerks twenty-five days before the sitting of the court. Sec. 8. Each town clerk, upon the receipt of the venire, shall notify the selectmen of the time and place by him appointed for the selection of jurors, and post up a notice thereof in some public place in such town seven days at least before the time so appointed. Sec. 9. At the time and place so appointed, the town clerk in presence of the selectmen whose duty it shall be to attend, and of such other persons as may choose to attend, shall draw from the box held in such manner that the papers therein cannot be seen, the names of so many persons as are required by the venire. In the absence of the town clerk, one of the selectmen shall draw the same. Sec. 10. If any person whose name is so drawn, has deceased, become insane, has removed from town or is disabled by sickness, the town clerk shall certify these facts on the venire and draw another name. Sec. 11. The persons whose names are so drawn, shall be re- turned to serve as jurors, and their names shall not be again placed in such box for the term of two years. Sec. 12. The town clerk shall record the notice posted by him as aforesaid, the names of the selectmen present and of the persons drawn as jurors. Sec. 13. A notice in writing of his selection as a juror, of the court he is to attend and of the day and hour he is to appear, shall be given to each juror or left at his usual place of abode, four days at least before the sitting of the court, by the town clerk or a constable. Sec. 14. The town clerk shall certify upon the venire, the names of the persons so selected as jurors, and that they have been notified as aforesaid, and cause such venire to be returned to the clerk of the court at the hour at which the juror has been notified to attend. Sec. 15. Upon any emergency jurors may be selected while the court is in session. The venires shall be issued and notice of the time and place of such selection given, and the jurors drawn and notified forthwith ; and the jurors so drawn and notified, shall im- mediately attend the court. Sec. 16. If any clerk, sheriff' or town clerk shall neglect to per- form any of the duties enjoined by this chapter, he shall be fined by the court in the sum of twenty dollars. 350 JURIES. [title XX. Sec. 17. If any person selected as a juror and duly notified to attend, shall, without sufficient cause, neglect to attend agreeably to such notice, he shall be fined by the court in a sum not exceed- ing twenty dollars. Sec. 18. If any selectman shall wilfully neglect to perform any duty required by this chapter, or shall put upon the list a greater number of names than is allowed by law, or shall put on the list the name of any person at his own request or on the request of any other person, or shall withdraw from the box the name of any per- son legally put upon the list, or shall be guilty of any fraud or col- lusion with respect to the drawing of jurors, he shall be punished by a fine of fifty dollars for each ofiience. Sec. 19. If any town clerk shall draw from the box a greater number of names than are mentioned in the venire, except in cases provided, or shall put or suffer to be put in said box any name after the same is delivered to him as aforesaid, or shall be guilty of any fraud or collusion in respect to the drawing of jurors, he shall be punished by a fine of fifty dollars. Sec. 20. The sheriff, coroner or other officer under the direction of the court, may return jurors of the persons present ; but the num- ber of persons so returned to serve upon the grand jury, shall not exceed five. Sec 21. Any juror may be required by the court on motion of any party in the cause to be tried, to answer upon oath, whether he expects to gain or lose by the issue of the cause then pending ; whether he is related to either party ; whether he has advised or assisted either party ; or directly or indirectly given his opinion or has formed any opinion ; or is sensible of any prejudice in the cause ; and if it appears that any juror does not stand indifferent in any cause, he shall be set aside on that trial. Sec 22. The oaths to be administered to jurors shall be in the following forms — GRAND juror's OATH. " You, as grand jurors for the body of this county, do solemnly swear that you will diligently inquire, and a true presentment make of all such matters and things as shall be given you in charge ; the State's counsel, your fellows' and your own you shall keep secret ; you shall present no man for envy, hatred or malice ; neither shall you leave any unpresented for love, fear, favor, affection or hope of reward ; but you shall present things truly as they come to your knowledge, according to the best of your understanding. So help you God." petit juror's oath in criminal cases. " You solemnly swear that you will well and truly try, and true deliverance make between the State of New Hampshire and the CMAP. 177.] ATTORNEYS AND COUNSELLORS. 351 prisoner at the bar, whom yon shall have in charge, according to law and the evidence given yon. So help yon God." PETIT juror's oath IN CIVIL CASES. " Yon swear that in all canses betwixt party and party, that shall be committed nnto yon, yon will give a trne verdict, according to law and the evidence given you. So help you God." CHAPTEIS S77. OF ATTORNEYS AND COUNSELLORS. Section 1. Parties may appear in person or by any citizen of good character. 2. Any citizen may be admitted an attor- ney. 3. Attorneys of other states admitted. Section 4. Attorneys of superior court may prac- tice in any court. 5. " to take oath, and form. 6. No one to practice unless admitted. 7. Attorneys may be removed. 8. Disqualification of attorneys. Section 1. Every party in any cause, prosecution or suit may appear, plead, pursue or defend in his proper person or by any citi- zen of good character. Sec 2. Any citizen of the age of twenty-one years, of good moral character, on application to the superior court, shall be admit- ted to practice as an attorney. Sec. 3. Any person who shall have been admitted an attorney or counsellor of the highest judicial court of any other State of which he was an inhabitant, shall be admitted to practice as an attorney, upon satisfactory evidence of his good character. Sec 4. Every attorney admitted as aforesaid, shall be qualified to practice as an attorney in any court of this State, upon filing a copy of the record of his admission with the clerk. Sec. 5, Every attorney admitted as aforesaid, shall take and subscribe in open court the oaths to support the constitution of the United States and of this State, and the oath of office in the fol- lowing form : " You solemnly swear that you will do no falsehood, nor con- sent that any be done in the court, and if you know of any, that you will give knowledge thereof to the justices of the court or some of them, that it may be reformed ; that you will not wit- tingly or willingly promote, sue or procure to be sued any false or unlawful suit, nor consent to the same ; that you shall delay no man for lucre or malice, but shall act in the office of an attorney 352 SHERIFFS AND THEIR DEPUTIES. [tITLE XX. within the court, according to tlie best of your learning and discre- tion, and with all good fidelity as well to the court as your client. So help you God." Sec. 6. No person shall be permitted commonly to practice as an attorney in court, unless he has been admitted by the court and taken the oath aforesaid. Sec 7. If an attorney shall be charged with any fraud or mal- practice, or any contempt of court, the court shall inquire into such offence in a summary manner, and if found guilty, he shall be suspended or removed from office. Sec. 8. No person shall be admitted to prosecute or defend, as an attorney, any cause in which he has acted as judge. CHAPTER 178. OF SHERIFFS AND THEIR DEPUTIES. Section 1. Sheriff to give bond. 2. " not qualified till given. 3. Sheriff's bond annually examined. 4. New bonds to be given, or sheriff re- moved. 5. Deputy sheriffs, how appointed and qualified. 6. Special deputies, how appointed. 7. Deputies, how discharged. 8. Sheriff responsible for deputies. 9. " and deputies to serve writs, &c., and act as crier. 10. Penalty for neglect to serve precept. 11. " for neglect to pay money collected. 12. Sheriff and deputies may require aid. 13. " out of office may complete business commenced. 14. Deputies to act in case of vacancy. 15. " not to receive business, af- ter what time. 16. Defaults during vacancy, breach of bond. Section 17. Executions against sheriff not against body. 18. If unsatisfied, sheriff removed. 19. Sheriffs' bonds, when sued. " copy evidence, when. " breaches assigned. 20. 21. 22. " " judgment for plaintiff, how recovered. 23 Sheriff's bond, endorser liable for defendant's costs. 24. Sheriff accountable for fines. 25. Penalty for neglects. 26. Account against county, how ad- justed. 27. Sheriff and deputies not to act as at- torneys. 28. Deputies to render account of fees to sheriff. 29. Sheriff to account for fees to county treasurer. 30. " to pay over balance above salary. 31. " to retain fees for services made by himself. Section 1. Every sheriff hereafter appointed, shall give a bond to the county in the sum of thirty thousand dollar's, with sufficient sureties, to be approved by the justices of the court of common CHAP. ITS] SHERIFFS AND THEIR DEPUTIES. 353 pleas, for the faithful performance of the duties of his office, and to answer for all neglect and misdoings of his deputies, and such bond shall be deposited in the office of the clerk of said court. Sec. 2. No sheriff shall be deemed qualified to perform any duty of his office, until he shall have given security as aforesaid. Sec. 3. The justices of the court of common pleas shall annual- ly, at the term of said court next after the first day of August, con- sider the sufficiency of the sheriff's bond and of his sureties, and if they determine the same to be insufficient, they shall cause a record thereof to be made, and a certified copy thereof to be forthwith served on said sheriff. Sec. 4. If the sheriff shall neglect to give new security to the satisfaction of said justices, at or before the next term of the court for said county, they shall forthwith certify the same to the gov- ernor and council, who shall remove him from office, unless he shall, within twenty days after such certificate is made, give such new security to the satisfaction of the governor and council. Sec. 5. Every sheriff may appoint so many deputies as he shall think proper, by deputation in writing under his hand and seal, and not otherwise, who shall each be sworn to the faithful discharge of the duties of his office before a justice of the peace, and the dep- utation and certificate of such oath thereon shall be recorded at length, in a book kept for that purpose by the clerk of the court of common pleas, and no deputy sheriff" shall be deemed qualified to act as such until such record shall be made. Sec 6. Any sheriff may constitute a special deputy for the ser- vice and return of any process, by warrant endorsed thereon, in such manner as has been heretofore in practice in this State. Sec 7. Any sheriff may discharge from office any deputy by him appointed, by writing under his hand and seal, which shall be served by another deputy by reading the same, or giving an at- tested copy thereof to the deputy so discharged: and such discharge with a certificate of the service thereof, shall be recorded in the manner prescribed for recording deputations. Sec 8. Every sheriff" shall be responsible for the official conduct of his deputies respectively, until such discharge and the certificate of service thereof shall be recorded as aforesaid. Sec 9. The sheriff" of every county, by himself or his deputy, shall serve and execute within his county all writs and precepts to him directed, issuing from lawful authority ; and shall perform all the duties pertaining to the office of crier of the courts. Sec. 10. If any sheriff, deputy sheriff or constable shall refuse or neglect to serve any legal precept to him directed and delivered for service, his legal fees therefor being first tendered, except in crimi- nal cases when the precept shall be endorsed by the attorney gen- eral or solicitor, or by the clerk by order of court, he shall forfeit the sum of fifty dollars to any person aggrieved thereby, who shall sue therefor within three months after such neglect or refusal. 45 354 SHERIFFS AND THEIR DEPUTIES. [TITLE XX. Sec. 11. If any sheriff or his deputy shall, on demand made, refuse or neglect to pay to the creditor in any execution, any sum of money received by him or his deputy on such execution, he shall forfeit and pay to such creditor five times the lawful interest thereof, so long as he shall detain the same after such demand made. Sec 12. Every sheriff, deputy sheriff or other officer, in the execution of his office for the preservation of the peace, or appre- hending or securing any person violating the same, or for any other criminal matter or cause, may require suitable aid in the execution of his office, and if any person when so required, shall neglect or refuse to give such aid or assistance, he shall be punished by a fine not exceeding ten dollars, for the use of the town where the of- fence is committed. Sec. 13. In case of the resignation or removal from office of any sherift', or of the expiration of his term of office, he may exe- cute all precepts then in his hands, and shall be answerable for completing all business which may have been committed to his care, and for the delivery to his successor of all prisoners who may be in his custody, and for that purpose may detain such prisoners in his custody. Sec. 14. Whenever a vacancy, from any cause whatever, shall happen in the office of sheriff of any county, the deputies and jailers then in office shall continue in office, and shall execute the same in the name of the late sheriff, until another is appointed and duly qualified, and until they have completed all business which may have been entrusted to them before the person appointed sheriff is qualified. Sec. 15. No deputy sheriff shall receive any business after the expiration of thirty days from the next meeting of the governor and council after such vacancy shall have occurred. Sec 16. The defaults and misfeasances of such deputy sheriffs and jailers, during the time aforesaid, shall be deemed a breach of their respective bonds to the sheriff who shall have deceased, re- signed or otherwise ceased to hold his office, and the executor or administrator of a deceased sheriff shall have like remedy for such defaults and misfeasances, as such sherifl' would have had if he had continued in life and in the exercise of his office. Sec 17. When judgment shall be rendered against any sheriff, whether in his official or private capacity, execution shall issue against his goods, chattels and lands, and not against his body ; but when he shall cease to hold his office, execution may issue against his goods, lands and body as in other cases. Sec 18. If any execution against the goods and lands of any sheriff shall be returned unsatisfied, the creditor may file a certified copy thereof and of the return thereon, with the secretary of state who shall thereupon issue a notice to such sheriff informing him thereof, and of the day when the same was filed, and if such exe- CHAP. ITS.] SHERIFFS AND THEIll DEPUTIES. 355 cution shall not be paid with the costs of such copy and notice, within forty days after such notice is served on said sheriff, the governor, with advice of the council, shall forthwith remove him from liis office. Sec, 19. Any person injured by the breach of any sheriffs bond to the county, may after recovering judgment against the sheriff, his executors or administrators, in an action brought for the default, misfeasance or nonfeasance of such sheriff or his deputy, cause a suit to be instituted on such bond at his own cost, in the name of the county. Sec. 20. The clerk of the court of common pleas shall deliver an attested copy of any sherifTs bond filed in his office, to any per- son applying and paying for the same, and such copy shall be re- ceived as evidence in any case ; but if the execution of the bond shall be disputed, the court may order the clerk to bring the original bond into court. Sec 21. In every suit on such sheriffs bond the declaration shall set forth the condition of the bond, and assign the breach or breaches relied upon in the action, and judgment in such suit shall not be a bar to any other action on such bond assigning other breaches. Sec 22. In such suit, if the plaintiff shall recover, the judgment shall be rendered in favor of the county, for the use of the person alleged in. the declaration to be injured by the breach or breaches assigned therein, and such person shall be taken and deemed to be the creditor for every purpose whatever. Sec 23. If the defendant shall recover judgment for costs, exe- cution shall not issue therefor against the county, but the endorser of the writ shall be liable to pay the same, and a writ of scire facias may be forthwith sued out against him. Sec 24. The sheriff of each county shall be accountable to the treasurer thereof, for all fines and forfeitures imposed by the superior court and court of common pleas, and for which warrants shall be issued to him by the clerks, unless the justices of said court shall certify to such treasurer that the same has not been and cannot be recovered, and for all money by him received for the use of the county. Sec 25. If any sheriff shall neglect or refuse to pay over to the county treasurer any such fine, forfeiture or money immediately on receipt thereof, or immediately after he shall voluntarily or negli- gently suffer any prisoner on whom the same was imposed, to escape, he shall forfeit and pay treble the amount thereof, with double costs of suit, on action brought by such treasurer in the name of the county, and such neglect or refusal shall be a good ground of removal of such sheriff from office. Sec 26. Every sheriff shall annually lay before the court of common pleas his account for all services done by himself or his deputies, for which the county is by law chargeable, and such al- 356 CORONERS AND CONSTABLES. [TITLE XX. lowance shall be made him as justice may require ; and no sucli account shall be allowed unless it shall be presented within one year after the service is performed. Sec. 27. No sherifl' or deputy sheriff shall be suffered to appear in any court or before any justice, as attorney to any party in a suit, and if any sheriff or deputy sheriff shall make any process, writ, declaration or plea for any other person, the same shall be void. Sec 28. The deputies of each sheriff shall once in every twelve months at least, and oftener if required, render to such sheriff under oath a true account of all fees which they shall have received, or which shall accrue to them by virtue of their office, for their travel and service on all writs of mesne process, and pay over to the sheriff twenty per cent, of the amount thereof. Sec. 29. Every sheriff shall, on the first Tuesday of January annually, render to the county treasurer under oath a true account of all moneys received from his deputies by virtue of his office, and return to such treasurer the accounts rendered him by his depu- ties, and the treasurer shall state the same in the annual statements he is required to make for publication. Sec. 30. Such sheriff shall retain for his own use, if he shall re- ceive so much, the sum allowed him by law, and the residue of the sums received by him as aforesaid, he shall, at the time of ren- dering his account, pay over to the county treasurer for the use of the county. Sec. 31. Every sheriff shall retain for his own use the fees for all services by him personally made, and which he is by law bound to perform. CHAPTER 1T». OF CORONERS AND CONSTABLES. Section 1. Coroners to give bond. 2. Remedy thereon. 3. Coroners to serve writs, when. Section 4. Remedy on constable's bond. 5. Constables to serve process from jus- tice. Section 1. Every coroner, before he enters upon the duties of his office, shall give bond to the county for which he is commis- sioned, in the sum of five thousand dollars, conditioned for the faithful discharge of the duties of his office, with sufficient sure- ties, to be approved by the justices of the court of common pleas, and to be kept by the clerk of said court. Sec 2. Any person injured by the breach of any coroner's bond, may commence and maintain an action thereon, in the same man- CHAP. 180.] ACTIONS AND PROCESS ACTIONS. 357 ner he might do upon the bond given by a sheriff, if he were in- jured by the breach thereof, and subject to the same provisions. Sec. 3. The coroner shall serve and execute all writs and pro- cesses directed to him, when the sheriff is a party, and in all cases whore the sheriff is a party interested, or related to either party, he shall return talesmen and attend the jury, and in all such cases he shall have the same powers and authority as is by law vested in sheriffs in similar cases. Sec. 4. Any person injured by the breach of any constable's bond, may commence and maintain an action thereon, in the name of the town, in the same manner he might do in the name of the county upon the bond given by the sheriff, if he were injured by the breach thereof, and subject to the same provisions. Sec. 5. Any constable to whom any writ or other legal precept may be directed by a justice of the peace, is empowered and re- quired to serve and return the same according to law, and is vested with the same powers and subject to the same liabilities in relation thereto as sheritfs are in like cases. TITLE XXI. OF ACTIONS AND PROCESS. Chapter 180. Of actions. Chapter 181. Of the limitation of suits. Chapter 182. Of writs and endorsement. Chapter 183. Of the service of writs. Chapter 184. Of attachments. Chapter 185. Of arrests and bail. CHAPTER 180. OF ACTIONS. Section 1 . Personal actions, where brought. 2. Scire facias, where commenced. 3. Action, when levy made on property not belonging to debtor. Section 4. Assumpsit between copartners. 5. " " cotenants for pro- perty taken. 6. " " cotenants for rent of lands. 358 ACTIONS. [title XXI. Section 7. No action unless on written contract, respecting land. 8. '• " " on written contract : 1. On special promise of administra- tor; 2. On guaranties; 3. In consideration of marriage ; Section 8. 4. To be performed after a year. 9. No action for goods over $33, unless contract in writing or delivery. 10. No action for bills till after grace. 11. Money paid for escapes, recovered. 12. Actions on the case only against offi- cers, when. Section 1. All personal or transitory actions, where both parties are inhabitants of this State, may be commenced in the county where either of the parties to the writ may be an inhabitant, and not elsewhere. Sec. 2. Actions of scire facias, upon any judgment or other pro- ceeding before a justice, may be commenced in the court of com- mon pleas, where the amount of the judgment or other demand claimed, including costs and interest, shall exceed thirteen dollars and thirty-three cents. Sec 3. An action of debt may be maintained, if commenced within six years, upon any judgment upon which an execution has been issued and returned satisfied, where it shall appear that the property levied or extended upon was not liable to be so levied or extended upon, for the amount equitably due and costs of levying, and such levy shall not be a discharge of such debt for any purpose. Sec 4. Any copartner or joint owner may maintain an action of assumpsit against one or more of his copartners or joint owners, to recover his just share of any goods or chattels, choses in action or the proceeds thereof received by such copartners or joint owners, and not accounted for, delivered, paid or otherwise settled for on demand. Sec 5. Any cotenant of real estate may recover by action of assumpsit against one or more of his cotenants, his just share of the value of any trees destroyed, or cut or carried away by such cotenant, which were standing, lying or growing on such real estate, or of any other property attached thereto and destroyed, severed or carried away by such cotenant. Sec 6. If any cotenant of any real estate shall hold the exclu- sive possession and income thereof, against the will and Avithout the consent of his cotenant, the cotenant so excluded may, in an action of assumpsit, recover of the person holding such possession, the full amount of all damages he may have sustained thereby. Sec 7. No action shall be maintained upon any contract for the sale of lands, unless the agreement upon which such action shall be brought, or some memorandum thereof, is in writing and signed by the parties to be charged therewith, or by some other person thereunto lawfully authorized by writing. Sec. 8. No action shall be brought in the following cases — CHAP. 181.] LIMITATION OF SUITS. 359 First, To charge any executor or administrator upon any special promise to answer damages out of his own estate ; Second, To charge any person upon any special promise to an- swer for the debt, default or miscarriage of another person ; Third, To charge any person upon rn agreement made upon consideration of marriage ; Fourth, To charge any person upon any agreement that is not to be performed within one year from the time of making it : Unless such promise or agreement, or some memorandum or note thereof, is in writing and signed by the party to be charged therewith, or by some person thereunto by him lawfully author- ized. Sec. 9. No action shall be brought upon any contract for the sale of any goods, wares or merchandise for the price of thirty- three dollars or upwards, and no such contract shall be valid unless the buyer shall accept part of the property so sold and actually receive the same, or give something in earnest to bind the bargain or in part payment, or unless some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such contract, or their agents thereunto lawfully au- thorized. Sec. 10. No bill of exchange, negotiable promissory note, order or draft, except such as are payable on demand, shall be payable until days of grace have been allowed thereon, unless it appear in the instrument that it was tlie intention of the parties that days of grace should not be allowed. Sec. 11. If any person shall be compelled to pay any sum of money, on the account of the escape of any prisoner, he may main- tain an action therefor against such prisoner and all persons aiding such escape. Sec. 12. An action upon the case, and no other, shall be com- menced against any sheriff, deputy sheriff, coroner or other officer for any damages arising from any default or misconduct in his office. CHAPTER 181. OF THE LIMITATION OF SUITS. Section 1. Real actions limited to 20 years. 2. Minors, &c., have 5 years after dis- ability removed. 3. Actions for words and personal inju- ries limited to 2 years. Section 4. Other personal actions limited to 6 years. 5. Debt on judgment and contracts under seal, to 20 years. 360 LIMITATION OF SUITS. [lITLE XXI. Section 6. On notes secured by mortgage, so long as action on mortgage lies. 7. Writs of error to be brought in 3 years. 8. Minor.s, &c., have 2 years after dis- ability ceases. Section 9. Time of absence from State not com- puted. 10. New action in 1 year after judgment, if not a bar. 11. Special limitations not affected. Section 1. No action for the recovery of any real estate shall he maintained, unless such action is brought within twenty years after the right first accrued to the plaintiff or to any person under whom he claims, to commence an action for the recovery thereof. Sec. 2. If the person first entitled to maintain an action for the recovery of such real estate, was within the age of twenty-one years, a married woman or insane at the time such right accrued, such action may be commenced within five years after such disa- bility is removed. Sec. 3. Actions for words and for any assault, battery, Avound- ing or imprisonment shall be brought within two years after the cause of action accrued, and not afterwards. Sec. 4. All other personal actions shall be brought within six years after the cause of action accrued, and not afterwards. Sec. 5. Actions of debt founded upon any judgment or recogni- zance, or upon any contract under seal, may be brought Avithin twenty years after the cause of action accrued, and not afterwards. Sec. 6. Actions upon notes secured by mortgage, may be brought so long as the plaintiff is entitled to commence any action upon the mortgage. Sec. 7. Writs of error may be commenced within three years after judgment rendered, and not afterwards. Sec. 8. Any infant, married woman or insane person may com- mence either of the personal actions aforesaid, within two years after such disability is removed. Sec. 9. If the defendant, at the time the cause of action accrued or afterwards, was absent from and residing out of the State, the time of such absence shall be excluded in the computation of the several times before limited for the commencement of personal actions. Sec. 10. If judgment shall be rendered against the plaintiff, in any action commenced within the times before limited, or upon any writ of error brought thereon, he may commence a new action thereon within one year thereafter, in case his right of action is not barred by such judgment. Sec. 11. The provisions of this chapter shall not apply to any case in which, by any statute, a different time is limited. CHAP. 182.] WRITS AND MESNE PROCESS. 361 CHAPTER 183. OF WRITS AND MESNE PROCESS. Section 1. Proceedings in English language. 2. Writs, requisites of. 3. " shall be summons, capias and attachment. 4. " justice, how directed. 5. " " how returnable. 6. " " if defendant's property out of county. 7. Other process to be conformable. 8. Writs in real actions to be summons or attachment. Section 9. Defendant's name unknown, how sued, to. Writs of attachment, form of. 11. " " summons on attachment. 12. " " capias and attachment. 13. " " summons, form. 14. " " replevin, form. 15. " " trustee, form. 16. " " scire facias, form. 17. " shall be endorsed. 18. Endorser's liability. 19. Remedy against endorser. Section 1. All writs, declarations, processes, indictments, an- swers, pleadings and entries in the courts and before justices shall be in the English language, and no other. Sec. 2. All writs and processes issuing from the clerk's office of any court, shall be in the name of the State of New Hamp- shire, shall be under the seal of such court, shall bear teste of the chief, first, or senior justice of the court who is not a party, and shall be signed by the clerk and directed to the sheriff of any county in the State or his deputy, shall have force in any county, and be obeyed and executed by any officer to whom they may be directed. Sec. 3. Original process in said courts shall be summons, at- tachment and capias, and shall be in the forms prescribed by law. Sec 4. Writs issued by justices of the peace, shall be directed to the sheriff of the county or his deputy, and to any constable of any town in the county or to either of said officers. Sec 5. They shall be made returnable before such justice at a day, hour and place named therein, and shall be signed by him. In all other respects they shall be substantially in the form pre- scribed by law. Sec 6. AVhen a defendant has personal property liable to attach- ment in any county in which he does not reside, a justice of the peace may direct his writ or execution to the sheriff of any county or his deputy, or to any constable of any town in which the defendant resides or has such property. Sec 7. Incases where no form of process is prescribed by law, such process shall be made conformable to the forms prescribed in this chapter, so far as the nature of the case will admit. 46 362 WRITS AND MESNE PROCESS. [TITLE XXI. Sec. 8. In real actions and actions of ejectment, the original writ shall be a summons or an attachment only. Sec. 9. When the name of a defendant is not known to the plaintiff, the writ may issue against him by a fictitious name, and if didy served, it shall not be abated for that cause, but may be amended on such terms as the court may order. Sec, 10. The forms of writs shall be in substance as follows, in the following cases : — ATTACHMENT. THE STATE OF NEW HAMPSHIRE. To the sheriff of any county in this State, or his deputy. We command you to attach the goods or estate of A. D. of, &c. to the value of dollars, and summon him (if to be found in your precinct) to appear before the justices of the court of to be holden at in said county of on the Tuesday of to answer to B. P. of in a plea of to the damage of the said B. P., as he says, the sum of dollars. And make return of this writ with your doings therein. Witness J. P. Esquire, the day of A. D. R. G. Clerk. Sec. 11. SUMMONS WHERE GOODS ARE ATTACHED. THE STATE OF NEW HAMPSHIRE. SS. To A. D. of We command you to appear at the court of to be holden at in said county of on the Tuesday of to answer to B. P. of in a plea of which plea the said B. P. has commenced against you, to be heard and tried at the said court, and your goods or estate are attached to the value of dollars for security to satisfy the judgment which may be recov- ered against you. Fail not of appearance at your peril. Witness J. P. Esquire, the day of A. D. R. G. Clerk. CHAP. 182.] WRITS AND MESNE PROCESS. 363 Sec. 12. CAPIAS AND ATTACHMENT. THE STATE OF NEW HAMPSHIRE. To the sheriff of any county in this State, or his deputy. We command you to arrest the body of A. D. of or to attach his goods or estate to the vahie of dollars, (if to be found in your precinct,) and summon him to appear before the justices of the court of to be holden at in said county of on the Tuesday of to answer to B. P. of in a plea of to the damage of the said B. P., as he says, the sum of dollars. And make return of this writ with your doings therein. Witness J. P. Esquire, the day of A. D. R. G. Clerk. Sec 13. SUMMONS. THE STATE OF NEW HAMPSHIRE. To the sheriff of any county in this State, or his deputy. We command you to summon A. D. of (if to be found in your precinct) to appear before the justices of the court of to be holden at in said county of to answer to [of] in a plea of to the damage of the said B. P., as he says, the sum of dollars. And make return of this writ and your doings therein. Witness J. P. Esquire, the day of A. D. R. G. Clerk. Sec. 14. REPLEVIN. THE STATE OF NEW HAMPSHIRE. To the sheriff of any county in this State, or his deputy. We command you to replevy belonging to A. P. of wrongfully taken and detained, as it is said, by A. D. of and deliver the same to the said A. P., provided he give bond to the value of dollars, with sufficient sureties, to prosecute his re- plevin at the court of to be holden at in the county of on the Tuesday of and so from court to court until the cause be ended, and to pay such costs and damages as the 364 WRITS AND MESNE PROCESS. [XITLE XXI. said A. D. shall recover against him. And we command you to summon the said A. D. (if to be found in your precinct) to appear before the justices of the court aforesaid, at the time and place aforesaid, to answer to said A. P. in a plea of replevin to the damage of the said A. P., as he says, the sum of dollars. And make return of this writ with your doings therein. Witness J. P. Esquire, the day of A. D. R. G. Clerk. Sec. 15. TRUSTEE. THE STATE OF NEW HAMPSHIRE. To the sheriff of any county in this State, or his deputy. We command you to attach the goods or estate of A. D. of to the value of dollars, and summon him (if to be found in your precinct) to appear before the justices of the court of to be holden at in said county, on the day of to answer to A. P. of in a plea of to the damage of the said A. P., as he says, the sum of dollars. We also command you to attach the money, goods, chattels, rights and credits of the said A. D'. in the hands and possession of E. T. to the value of dollars, and summon said E. T. (if to be found in your precinct) to appear at said court and show cause, if any he has, why execution should not issue against him for the damage which may be recovered by said A. P. against said A. D, And make return of this writ with your doings therein. Witness J. P., Esquire, the day of A. D. R. G. Clerk. Sec. 16. SCIRE FACIAS. THE STATE OF NEW HAMPSHIRE. ss. To the sheriff of any county in this State, or his deputy. Whereas A. P. of by the consideration of the justices of the court of holden at in said county, on the day of recovered judgment against A. D. of for the sum of dollars, and costs taxed at as appears of record, and execution thereof remains to be done : We command you, therefore, to summon the said A. D. to appear before the justices of the court of to be holden at in said county of on the Tuesday of to show CHAP. 183.] SERVICE OF WRITS. 365 cause, if any he has, wherefore the said A. P. should not have execution against him for the sums aforesaid. And make return of this writ and yom* doings therein. Witness J. P., Esquire, the day of A. D, R. G. Clerk. Sec. 17. All original writs shall, before they are served, be en- dorsed on the back thereof by the plaintiff, his agent or attorney, being an inhabitant of this State, and if the plaintiff is not an in- habitant of the State, by some responsible person who is such inhabitant. Sec 18. The person so endorsing any writ, shall be liable, in case the plaintiff shall live out of the State, upon return of non est inventus or that such execution as may have issued against the plaintiff, is unsatisfied, to pay to the defendant all such costs as he may recover against the plaintiff. Sec. 19. Such defendant shall have his remedy by writ of scire facias against such endorser, which shall be served upon the en- dorser before the second term of the court after final judgment is entered against the plaintiff, or within one year after final judgment is so rendered before a justice, and not afterwards. CHAPTER 183. OF THE SERVICE OF W^RITS. Section 1. Notice, how long required. 2. Service of scire facias, review, &c. 3. Summons to be given, when. 4. What inserted in such summons. 5. Service, if defendant is not an inhab- itant of the State. Section 6. Evidence of such service, what is. 7. Service on attorney, when. 8. " on towns, how made. 9. " on other corporations. 10. " on counties. Section 1. All original writs and writs of mesne process shall be served upon individuals, fourteen days before the sitting of the court to which the same are returnable, and upon corporations, thirty days before the sitting of such court. Sec 2. Writs of summons, scire facias and review shall be served by reading the same to the defendant, or by giving to him an attested copy thereof or leaving such copy at his usual place of abode ; and if the writ is brought for dower, a like copy shall be left with the tenant or occupant of the land whereof the dower is demanded, if there is any. Sec 3. When the goods or estate of any person shall be attached, a summons in the form prescribed by law shall be delivered to the 366 SERVICE OF WRITS. [TITLE XXI. defendant or left at his usual place of abode, with the name and office of the officer serving the same, endorsed by him thereon. Sec. 4. Every such summons shall set forth the sum in the note or obligation declared upon, with the endorsements and dates there- of, the amount of the account, in covenant what sum is demanded in damages, and for what, and in all cases shall briefly give to the defendant the same information which the declaration gives more at large, and shall contain the substance thereof. Sec. 5. If any defendant is not an inhabitant of this State and the writ is not served on him in person, but his goods or estate within this State are attached, an attested copy of the writ, with an attested copy of the return, may be given to the defendant or left at his usual place of abode, or left with his agent lawfully au- thorized to appear for him, or with his tenant on or near the land attached. Sec. 6. The giving or leaving such copy with the defendant or at his place of abode, shall be proved by the certificate under oath of the officer who made the attachment, or of some proper officer in the state where the defendant lives, or of some other person. Sec 7. Writs of review and of scire facias may be served, in case the defendant therein is not an inhabitant of this State, on the attorney Avho appeared for such defendant in the original action, or by giving to such defendant a copy of such writ, and affidavit made thereof. Sec. 8. Any writ or mesne process against any town may be served by giving to the town clerk, if any there be, or leaving at his usual place of abode an attested copy of the writ, and by giving to one of the selectmen, if any there be, or leaving at his usual place of abode a like copy ; or, if there be no town clerk or se- lectman, by giving such copy to one of the principal inhabitants or leaving the same at his usual place of abode. Sec 9. Any writ or process against any other corporation or body politic, may be served by leaving an attested copy thereof with the clerk, treasurer or one of the directors, and in case of their absence from the State, with any principal member thereof, or with the agent, overseer or person having the care and control of the corporate property or part thereof, or leaving the same at the usual place of abode of either of them. Sec 10. Any writ against a county shall be served by leaving an attested copy thereof with the clerk of the court of common pleas, thirty days before the sitting of the court to which such writ is returnable. CHAP. 184.] ATTACHMENTS. 367 CUAPTEir 1S4. OF ATTACHMENTS. Section 1. What property may be attached. 2. Property exempt from attachment. 3. Real estate, how attached. 4. Return, evidence of time ; town clerk to minute time. 5. What interest holden by attachment of real estate. 6. Attaching creditor may tender, when. 7. May demand an account of sum due. 8. Creditor entitled to conveyance. 9. Rights of creditor and debtor, what. 10. Attachment not defeated by change of title. 11. Shares in corporations, how attached. 12. Pews, how attached. 13. Franchises, how attached. 14. Hay and other bulky articles, how attached. 15. Mortgaged property, how attached. 16. Mortgagee to give account of debt. 17 Property sold by consent of parties. 18. Perishable or expensive property may be examined. 19. Persons to examine, how appointed. Section 20. Property sold on their certificate. 21. Appraisers appointed, when and how. 22. Schedule to be made, and appraisal certified. 23. Property restored to debtor on bond. 24. Property liable to attachment. 2-5. Officer to return doings and bond. 26. Bond for benefit of all attaching. 27. Scire facias may be sued out on bond by one or more creditors. 28. In debt, party suing shall endorse writ — how brought. 29. Endorsers to be deemed plaintiffs. 30. Attachments, how dissolved. 31. Not by death, unless estate insolvent. 32. Property or proceeds restored to debt- or, if attachment dissolved. 33. Property holden 30 daj's after judg- ment in order of attachments. 34. Proceeds holden in order of attach- ments, if demanded in 30 days. 35. Property holden 30 days after a judg- ment in vacation. Section 1. All property, real and personal, which is liable to be taken in execution, may be attached and held as security for the judgment the plaintiff may recover. Sec. 2. The following goods and property shall be exempted from attachment and execution : 1. The wearing apparel necessary for the use of the debtor and his family ; 2. Comfortable beds, bedsteads and bedding necessary for the debtor, his wife and children ; 3. Household furniture to the value of twenty dollars ; 4. The bibles and school books in use in the family ; 5. One cow and one and a half tons of hay ; 6. One hog and one pig, and the pork of the same when slaugh- tered ; 7. Tools of his occupation to the value of twenty dollars ; 8. Six sheep and the fleeces of the same ; 9. One cooking stove and the necessary furniture belonging to the same ; 368 ATTACHMENTS. [TITLE XX!. 10. Provisions and fuel to the value of twenty dollars ; 11. The uniform, arms and equipments of every officer and pri- vate in the militia ; 12. The debtor's interest in one pew in any meeting house in which he or his family usually worship ; 13. The debtor's interest in one lot or right of burial in any cemetery. Sec. 3. Real estate shall be attached on any writ or mesne pro- cess, by the officer leaving an attested copy of such writ and of his return of such attachment thereon, at the dwelHng house of the town clerk of the town in which such real estate is situate, or if there is no town clerk, with the clerk of the court of common pleas of the county, without any other act or ceremony. Sec 4. The officer's return shall always be sufficient evidence that such copy has been so left and of the time thereof; but the town clerk or clerk of the court shall certify thereon the time when such copy was received, and keep the same on file, and shall receive of the officer therefor seventeen cents. Sec. 5. By an attachment of real estate all the debtor's interest therein shall be held to satisfy the judgment, though such interest be a right of redeeming the same upon a mortgage, or levy, or sale on execution or for taxes, or a right to receive a conveyance there- of by any contract. Sec. 6. Any creditor attaching such right of redeeming, may at any time while such right exists, as well before as after sale there- of on his execution, pay or tender to the person entitled to the redemption money, the full sum due to him ; and, upon such pay- ment or tender, the interest in such real estate derived from such mortgage, levy or sale, shall, as against such attachment and the rights acquired under it, cease. Sec 7. Such creditor or the officer serving the writ, may de- mand of the person entitled to the redemption money, an account under oath of the amount due him ; and if such account be not rendered within fifteen days after or a false account shall be ren- dered, his said interest in such real estate shall, as against such attachment and the rights acquired under it, cease. Sec 8. If such creditor, after payment of the redemption mon- ey, shall suffer his attachment or levy to be dissolved, or the same shall in any way be defeated, he shall be entitled to receive from the person to whom the payment was made, a good and valid con- veyance of his right to such real estate. Sec 9. If any such person, being requested to make such con- veyance and having his reasonable charges therefor paid or tender- ed to him, shall unreasonably neglect or refuse to make and exe- cute the same, such creditor may maintain an action of assumpsit against such person to recover the money paid as aforesaid, Avith interest. The debtor in such case shall be entitled to notice in writing of such conveyance, neglect or refusal, and, after such no- CHAP. 184.] ATTACHMENTS. 369 tice, shfill have the same time for redeeming sitch real estate that he had at the time of attachment. Sec. 10. No attachment of any interest in real estate shall be defeated by any change of the nature of the debtor's right thereto, as by redemption of any mortgage or other incumbrance, or the execution to him of any conveyance pursuant to a contract, but the whole interest of the debtor upon such change shall be held by the attachment. Sec. 11. The share or interest of any person in any corporation may be attached by the officer, by leaving an attested copy of the writ and of his return thereon with the clerk, treasurer, cashier, a.gent or person having the care of the property of such corpora- tion, or at his usual place of abode, and the dividends becoming due afterwards shall be holden by such attachment. Sec. 12. Pews or seats in meeting houses or places of public worship shall be deemed personal property, and may be attached by leaving an attested copy of the writ and of the officer's return thereon, with the town clerk of the town in which such meeting house is. Sec. 13. The franchise of any corporation authorized to receive tolls, so far as relates to the rights to receive tolls, with all the priv- ileges and immunities belonging thereto, may be attached by leav- ing an attested copy of the writ and of the officer's return thereon Avith the clerk, treasurer or a director of such corporation. Sec. 14. The officer attaching grain unthreshed, hay or pota- toes, any lumber or fuel, bricks, stone, lime, gypsum or ore, manu- facturing or other machinery, bark or hides in the process of tan- ning, may leave an attested copy of the writ and of his return of such attachment thereon, as in the attachment of real estate ; and in such case, the attachment shall not be dissolved or defeated by any neglect of the officer to retain actual possession of the pro- perty. Sec. 15. Any personal property not exempt from attachment, subject to any mortgage, pledge or lien, may be attached as the property of a mortgager, pledger or general owner, the attaching creditor or officer paying or tendering to the mortgagee, pledgee, or holder the amount for which said property is holden, as ascer- tained in the mode provided by the following section. Sec. 16. Such creditor or officer may demand of the mortgagee, pledgee or holder an account on oath of the amount due upon the debt or demand secured by such mortgage, pledge or lien, and the officer may retain such property in his custody until the same is given, without tender or payment; and if such account shall not be given within fifteen days after such demand, or if a false ac- count is given, such property may be holden discharged from such mortgage, pledge or lien. Sec. 17. Personal property attached shall be sold by the officer before judgment, if the parties consent thereto in writing, and such 47 370 ATTACHMENTS. [TITLE XXI. sale shall be made in the same manner as sales of property taken on execution, unless a different mode shall be agreed on by the parties. Sec. 18. When living animals or goods liable to perish, or waste or to be greatly reduced in value by keeping, or which cannot be kept without great expense, are attached and the parties do not consent to a sale, the officer on application of either of the parties may cause the same to be examined in the manner following : — Sec. 19. Three disinterested persons conversant with the nature and value of such property, shall be appointed, one by the officer, one by the creditor and one by the debtor. The officer shall ap- point an examiner for the creditor or debtor, in any case where he might appoint an appraiser for the debtor upon the levy of an exe- cution on real estate. Sec. 20. The persons so appointed being sworn to the faithful discharge of their duties, shall examine the property and decide what part of the property is such as is described in the second pre- ceding section, and certify the same to the officer, and he shall thereupon advertise and sell the property so certified, in the same manner as if the parties consented thereto. Sec 21. If the debtor shall before such notice of sale request any personal property attached to be restored to him, and the offi- cer shall not agree with him as to the value thereof, the officer shall cause three disinterested persons to be appointed to appraise the same, who shall be appointed and sworn in the manner provi- ded in the two preceding sections. Sec. 22. The officer shall cause a schedule of such property to be prepared, and the persons so appointed shall appraise the same at their cash value at that time, and make a certificate of their doings on such schedule. Sec. 23. The property so appraised or the value of which has' been agreed on by the officer and debtor, shall be restored to the debtor upon his giving a bond to the sheriff, if the attachment is made by him or his deputy, otherwise to the coroner or constable making the same, in sufficient penalty, with sufficient sureties, con- ditioned to pay the appraised or agreed value thereof, or so much as may be necessary towards the satisfaction of any executions, for the payment of which the property or its proceeds are by law holden. Sec 24. Property attached shall be deemed to remain in the custody of the officer, so far as to be liable to attachment in the same maimer it would have been, if it had remained in his hands specifically, notwithstanding the same may have been sold or re- stored to the debtor, or taken from the officer by any writ of replevin. Sec 25. The officer shall make return of his doings upon every writ where property is sold by consent or upon such certificate as aforesaid, or restored to the debtor, and in those cases the bond CHAP. 184.] ATTACHMEiMS. 371 taken shall be returned with the writ on whicli the first attach- ment is made, and shall be deemed a record of the court to which such writ is returnable. Sec. 26. Every bond given by the debtor and every replevin bond in the cases aforesaid, shall be deemed to be given for the benefit of all persons who have attached or may attach the same, to the full value of the property. Sec. 27. In case such bond shall be forfeited, any attaching creditor or his representative may bring a writ of scire facias there- on, within two years after the cause of such action shall accrue, and not afterwards. Two or more creditors may join in such action, and separate executions shall be awarded to each for the amount due to them respectively. Sec. 28. Any party interested may maintain an action of debt on such bond in the name of the officer to whom the same is pay- able, within the period above limited. The name of such party shall be endorsed on the writ, and any other party may cause his name to be so endorsed at any time by leave of the court. Sec. 29. The persons whose names are so endorsed, shall be deemed the plaintiffs for every purpose, and execution shall issue in favor of each for the amount due to them respectively, and against them for costs, if judgment should be rendered for the defendants in such action. Sec. 30. When any judgment shall be rendered for the defend- ant, upon which execution may issue, or when the action shall be compromised or dismissed, the attachment made in such action shall be dissolved thereby. Sec 31. Attachments shall be dissolved by the death of the defendant, in case his estate shall be decreed to be administered as an insolvent estate, but not otherwise, if the cause of action by law survives. Sec. 32. In case the attachments on any property are dissolved or if the same has been sold, the money arising from the sale there- of, deducting the charges and expenses of sale, shall be restored to the debtor or his personal representative upon request, or if the same has been restored to the debtor on his bond, the said bond shall be void. Sec 33. Property attached shall be holden until the expiration of thirty days from the time of rendering such judgment in the action, in favor of the plaintitF, that execution may issue thereon ,• and if there are several attachments, the property shall be holden to the creditors in the order in which their attachments were made. Sec 34. The proceeds of property sold on any writ, and the amount secured by bond when property attached is restored to the debtor, shall be holden to pay the executions issuing in the actions in which the attachments were made, in the order in which they were made, if demanded by the officer to whom such execution may be committed, within thirty days after judgment is rendered. 372 ARRESTS AND BAIL. [title XXI. Sec. 35. If judgment shall be rendered in vacation by direction of the court as of a previous term, the clerk shall enter of record the day on which the order of court is dated, and all property attached shall be holden until the expiration of thirty days from that date. CHAPTER 185. OF ARRESTS AND BAIL. Section 1. Females not be arrested for debt. 2. Nor voters, on days of election. 3. Nor officers and soldiers on duty. 4. Nor administrators for causes of ac- tion against deceased. 5. Nor sheriffs while in office. 6. Nor defendants in real actions. 7. Nor upon a contract, where damages under $13-33. 8. Nor on contract since March 1, 1841, unless on affidavit. Section 9. Persons arrested discharged by jus- tices, how. 10. Court may discharge debtor, how. 11. Discharge does not affect debt. 12. Court may permit arrest and bail pending a suit. 13. Bail, how taken on writ. 14. " " " after commitment. 15. Names and residence of bail to be returned. 16. .Persons imprisoned held 30 days af- ter judgment. Section 1. No female shall be arrested or imprisoned upon any writ in any action founded on contract. Sec. 2. No person entitled to vote at any town meeting, shall be liable to arrest upon any civil process on the day on which such meeting is held. Sec. 3. No officer or soldier shall be liable to arrest upon any civil process while going to, returning from or attending at any military exercise or parade, or any court martial or court of inquiry, which it shall be his duty to attend. Sec. 4. No executor or administrator shall be liable to arrest for any cause of action against any person deceased. Sec. 5. No sheriff shall be liable to arrest upon any civil process while he remains in office. Sec. 6. No person shall be liable to arrest on mesne process in any real action or action of ejectment. Sec. 7. No person shall be arrested or imprisoned on any writ in any action founded on a contract, unless the debt or damage for the recovery of which such action maybe brought, exclusive of all the costs, shall exceed the sum of thirteen dollars and thirty-three cents. Sec. 8. No person shall be arrested upon any writ or execution founded on a contract made after the first day of March, one thou- CHAP. 185.] ARRESTS AND BAIL. 378 sand eight hundred and forty-one, unless the plaintiff or some per- son in his behalf shall make an affidavit before a justice, on the back of such writ, that in his belief the defendant is justly in- debted to him in a certain sum exceeding thirteen dollars and thir- ty-three cents, and that he conceals his property so that no attach- ment or levy can be made, or that there is good reason to believe he is about to leave the State to avoid the payment of his debts. Sec. 9. The defendant in such case, when arrested, may require the officer making the arrest, to carry him before two justices, one of whom shall be of the quorum; and such justices upon consider- ing his affidavit and such evidence as may be laid before them, if they believe he does not so conceal his property and has no inten- tion to leave the State, may make an order for his discharge upon the writ or execution, and he shall be released. Sec. 10. At the return term of such writ the defendant may move the court to be discharged, or that his bail or sureties may be discharged, and the court, upon satisfactory evidence that the de- fendant does not conceal his estate and does not intend to leave the State, may order such discharge. Sec. 11. No such discharge nor any discharge of any person ai-rested or imprisoned on execution, shall discharge the debt or judgment upon which the execution issued. Sec 12. In any case when no sufficient attachment has been made, and there is no sufficient bail, the court or any justice there- of, upon motion and satisfactory evidence that the defendant intends to leave the State, may order a capias to issue, on which the de- feu-dant may be arrested and held to bail as on an original writ. Sec. 13. When any person shall be arrested on mesne process, he shall be committed to jail, unless he shall procure one or more persons of sufficient ability, to the satisfaction of the officer, to be- come his bail by endorsing their names or signatm'es, as bail, on the back of the writ. Sec 14. Any person committed to jail before judgment by any officer, or by his bail, or upon a surrender by his bail in court, shall be discharged upon procuring one or more persons of sufficient ability, to the satisfaction of the keeper of the jail, to become his bail by endorsing their names or signatures, as bail, on the back of the copy or order of court on which such person shall be detained in jail, and the jailer shall make return of such copy or order and his doings thereon, into the court, and such endorsement and re- turn shall be of the same force and effect as if made on the original writ. Sec 15. The officer taking any person as bail, shall return his name and place of abode upon the writ, copy or order of court on which such person shall be arrested or detained in prison. Sec. 16. If any person shall be committed to prison by the offi- cer or his bail, or upon surrender by his bail, he shall, unless he shall be bailed before the judgment, be held in prison until the 374 PROCEEDINGS IN COURTS. [tITLE XXII. expiration of thirty days after the rendition of such judgment for the plaintiff as execution may issue upon, unless sooner legally discharged. TITL.E XXII. OF PROCEEDINGS IN COURTS. Chapter 186. Chapter 187. Chapter 188. Chapter 189. Chapter 190. Chapter 191. Of nonsuit, default, notice and abatement. Of tender, confession, pleading and set-off. Of views and evidence. Of auditors. Of judgments. Of costs. Chapter 192. Of reviews and new trials. CHAPTER 186. OF NONSUIT, DEFAULT, NOTICE AND ABATEMENT. Section 1. Neglect to enter action, penalty. 2. Nonsuit, costs for defendant. 3. Default to be entered, when. 4. " when struck off. .5. Notice by publication, when made. 6. " special, when given. 7. Notice by advertisement before jus- tices. 8. Bond to respond on review, when. 9. Review, when to be brought. 10. Want of form, not to abate. 11. Amendments in substance made. Section 12. Nonjoinder of tenants not to abate. 13. Disclaimer, costs on, when. 14. Survivor of actions, when. 15. Surviving party may proceed, when. 16. Marriage of female defendant not to abate. 17. Marriage of female plaintiff not to abate ■ 18. Nonjoinder of any party not to abate. 19. Names of defendants struck out. 20. Notice of petitions, how given. 21. Order of notice in vacation, how given. Section 1. If any person shall neglect to enter in court any action by him commenced, in which any process shall have been served on the defendant, judgment shall be rendered against him, on complaint, for costs. Sec. 2. If the plaintiff after entry of any action shall become nonsuit, judgment shall be rendered against him in favor of the defendant for costs. CHAP. 186] NOTICE. 375 Sec. 3. If any defendant on whom process has been duly served, shall neglect to appear at the court to which the same is returned, his default shall be recorded and judgment shall be rendered against him for such damages as, upon inquiry, the plaintiff shall appear to have sustained. Sec. 4. The defendant may be permitted to enter an appearance after a default, at the discretion of the court or justice, upon the payment of reasonable costs. Sec 5. In any action commenced against any defendant who is not an inhabitant of this State, or whose residence is unknown to the officer serving the writ, and the goods and estate of the defend- ant within this State shall be attached, or when the defendant shall be absent from the State at the time of commencing such action, and shall not have returned at the time appointed for trial, and no personal service is made on the defendant, the court, on the sug- gestion thereof, may order the action to be continued and notice to be given of the pendency thereof, by publishing the order of court in such newspaper printed in this State, and for such period of time as the court may therein direct, the last publication to be at least thirty days before the next term of the court. Sec 6. The court may also, in their discretion, order such fiu'- ther notice and in such form, by mail or otherwise, as they may think proper, and upon satisfactory evidence that the order of the court has been complied with, such notice shall be sufficient. Sec 7. In actions before a justice commenced by attachment, if no personal service is made upon the defendant by reason that he resides out of the State, or that his residence is unknown to the officer serving the writ, the action shall be continued not less than sixty nor more than ninety days, and the justice shall order notice of the pendency of such suit to be given, by posting up a copy of such order in two or more public places in the town where the de- fendant was last known to be an inhabitant in this State, forty days at least before the day to which said action shall be con- tinued. Sec 8. If the defendant shall not appear at the time and place to which said action v/as continued, judgment shall be rendered on satisfactory evidence that notice has been posted up as aforesaid, and execution shall issue thereon, upon the plaintitf filing Avith the justice a bond, with sufficient sureties, to the defendant, to respond the judgment which the defendant may recover upon a review of said action. Sec 9. Such review may be brought before the justice at any time within two years after the rendition of the judgment, and the plaintitf in such review may have tlie benefit of all pleas and ad- vantages which he might have had in the original action. Sec 10. No writ, declaration, return, process, judgment or other proceeding in the courts or course of justice, shall be abated, quash- ed or reversed for any error or mistake, where the person or case 376 ABATEMENT — AMENDMENT. [TITLE XXII. tnay be rightly understood by the court, nor through defect or want of form or addition only, and courts and justices may, on motion, order amendment in any such case. Sec. 11. Amendments in matter of substance may be permitted in any action, in any stage of the proceedings, upon such terms as the court shall deem just and reasonable, but the rights of third persons shall not be affected thereby. Sec. 12. In real actions the writ shall not abate because all the tenants are not named in it, but those on whom the writ is served, shall answer for such part of the premises demanded as they claim, and may disclaim for the residue. Sec. 13. In any real action the defendant who shall disclaim the whole, shall recover costs, unless the plaintiff shall maintain his writ as to the whole or part of the demanded premises. Sec. 14. Actions of trespass for breaking and entering on any real property, actions on the case for trover and conversion, actions against any sheriff or his deputy for any faults and misdoings in office, real actions, actions of ejectment, and actions of trespass for taking and carrying away any goods and chattels, shall not abate by reason of the death of either party, but may be prosecuted to judgment and reviewed in the same manner as other actions the cause of which by law survives. Sec 15. If there are two or more plaintiffs or defendants and either of them shall die, the action shall not be abated if the right of action shall survive, but may be prosecuted by or against the surviving parties, such death being suggested on the record. Sec 16. If any female defendant shall marry pending any ac- tion, the court, upon suggestion, may order notice of such suit to the husband, and upon evidence that such order has been complied with, tlie action shall proceed against the husband and wife in the same manner as if it had been originally commenced against them. Sec. 17. No action shall be abated by the marriage of any fe- male plaintiff, if the husband, after due notice, to be directed by the court, shall become party to the suit, in which case the action shall be prosecuted in the same manner as if the same had been origi- nally commenced by the husband and wife. Sec 18. No action shall be abated by the plea that there are other plaintiffs or defendants who ought to be joined therein, but such persons may be made parties to the action upon such terms as the court shall order, and may be summoned by writ of scire facias or notified by publication in some newspaper, as the court may order, and the action shall thereafter proceed as if their names wore inserted in the original writ. Sec 19. In all actions where there are two or more defendants, the plaintiff may amend the writ before the evidence is closed, by striking out the names of one or more of the defendants, on paying them their costs up to that time. Sec 20. When any petition, complaint, libel, application or mo- CHAP. 187.] TENDER CONFESSION. 877 tion in writing shall be filed in court, the court shall order notice thereof to be given in such manner as they think proper, and no judgment or decree shall be rendered thereon without compliance with such order. Sec. 21. Any such petition, complaint, libel, application or mo- tion may be filed in the clerk's office in vacation, and order of notice may be issued thereon under the direction and rules of said court. CHAPTER 187. OF TENDER, CONFESSION, PLEADING AND SET-OFF. Section t. Tender to the attorney, how made. 2. Confession of damages, when. 3. Brief statements under general issue. 4. Set-ofF of mutual debts, when. 5. " by and against administrators. Section 6. Set-ofF of bonds, when allowed 7. Plea or notice of set-ofF given. 8. Continuance, if no notice before court. 9. Judgment for balance for either party. 10. No set-ofFunless right of action exists. Section 1. At any time before the sitting of the court to which any writ may be returnable, the defendant may tender to the plain- tiffs attorney who brought the action, the amount of the debt and costs, and such tender shall be a bar to any further proceedings in such case. Sec 2. In any action the defendant may confess the plaintifl^s action or any part thereof, and that the plaintiff is entitled to re- cover certain real estate or a certain amount of debt or damages, and plead to the residue of his claim, and if the plaintiff shall afterwards prosecute his action and shall not recover more than is so confessed, the defendant shall recover his costs from the date of such confession. Sec 3. No special plea shall ever be required in any civil action, except a plea of title to real estate before justices of the peace. Either party may give in evidence any matter in support or de- fence of the action under the general issue, upon filing in court a brief statement thereof within such time as the court may order. Sec 4. If there are mutual debts or demands between the plain- tiff and defendant at the time of the commencement of the plaintiff^s action, one debt or demand may be set off against the other. Sec 5. Mutual debts or demands existing between any person deceased at the time of his death and any other person, may be set off in actions by or against the executor or administrator. Sec 6. If the defendant's debt or demand is founded on any 48 378 SET-OFF VIEWS EVIDENCE. [tITLE XXII. bond or specialty with a penalty, the amount equitably due only shall be set ofl'. Sec. 7. The defendant may plead such set-oft' or give notice thereof with a plea of the general issue, describing such debt or demand with the same certainty as is required in a declaration. Sec. 8. The plaintiff" shall be entitled to one continuance in case of a set-off", unless a particular statement of such debt or de- mand, with a notice that the defendant will set off" the same, has been served on the plaintiff" ten days before the sitting of the court. Sec. 9. Judgment shall be rendered for the balance Avhich may appear to be justly due to either of the parties, unless in cases before justices the balance due to the defendant shall exceed thir- teen dollars thirty-three cents ; in which cases judgment shall be rendered for costs only. Sec. 10. No debt or demand shall be set oft" as aforesaid, unless a right of action existed thereon at the commencement of the plaintiffs action. CHAPTER 188. OF VIEWS AND EVIDENCE. Section 1. View, when and on what terms. 2. Summons, form of. 3. Clerks may issue, for witnesses. 4. Justices may issue, for witnesses. 5. Summons to depose, justice may is- sue. 6. " how served on witnesses. 7. Liability for neglect to attend. 8. Courts may compel attendance. 9. No person disqualified as a witness by his religious belief. 10. Ceremony in swearing. 11. Affirmation, when allowed. 12. Members of public corporations, &c., competent. 13. Depositions, when may be taken. 14. Who may take depositions. 15. Notice given to residents, how. Section 16. Notice given to attorneys, when. 17. Attorney, who is, for this purpose. 18. Who disqualified to take depositions. 19. Deposition, how signed and sworn. 20. Certificate of taking, requisites. 21. Proof of notice annexed to certifi- cate. 22. Neglect to take, after notice, penalt}'. 23. Depositions to be sealed and directed. 24. " " in perpetual remem- brance. 25. Statement of claim to be made. 26. Notice, how to be given. 27. Deposition, how to be taken. 28. " may be recorded, how. 29. " or copy, when used. 30. Witness to attend out of State, when. 31. Neglect to attend, as such, penalty. Section 1. In all actions involving questions of right to real estate, the court of common pleas, on motion of either party, may in their discretion direct a view of the premises by the jury under such rules as they may prescribe, and subject to such adjudication CHAP. 188.] EVIDENCE. 379 as to the whole or part of the costs thereof as they shall think equitable. Sec. 2. Writs of summons to witnesses shall be signed by the clerk or justice by whom they are issued, directed to the person to be summoned, and shall be substantially in the form following — THE STATE OF NEW HAMPSHIRE. To You are required to appear at in the county of on the day of to testify what you know relating to a plea of to be heard and tried betwixt plaintiff, and defendant. Hereof fail not, as you will answer your default under the pen- alties prescribed by law. Dated at the day of A. D. 18 . Sec. 3. Clerks of the courts may issue writs of summons for witnesses in all cases pending in such courts. Sec. 4. Every justice may issue writs of summons for witnesses m cases pending in any court, in all matters before the general court, in cases pending before himself or any other justice, and in all matters triable before auditors, referees, arbitrators or commis- sioners. Sec. 5. Every justice or notary may issue writs of summons to witnesses to appear before himself, or any other justice or notary, to give a deposition in any matter or cause where the same may be lawfully taken. Sec. 6. Any person may be summoned to attend as a witness to testify or give a deposition, by reading to him the writ of sum- mons and paying or tendering to him the fees by law established for his travel to and from the place where his attendance is re- quired, and for one day's attendance. Sec. 7. If any person so summoned shall neglect to attend, or to give his attendance so long as may be necessary for the purpose for which he was summoned, or refuse to testify or to give his deposition, if required, having no reasonable excuse therefor, he shall be liable to the party aggrieved for all damages sustained by such default or refusal. Sec. 8. Every court and justice before whom any witness has been summoned to appear and testify or give a deposition, may bring any such witness neglecting or refusing to appear and testify, by attachment, before them, and if on examination he has no rea- sonable excuse, may punish him by a fine not exceeding fifty dol- lars, if imposed by a court, or ten dollars, if imposed by a justice, and may order him to pay costs. 380 DEPOSITIONS. [title XXII. Sec. 9. No person who believes in the existence of a Supreme Being, shall be adjudged an incompetent witness in any judicial proceeding on account of his opinions on matters of religion. Sec. 10. No other ceremony shall be deemed necessary in swear- ing than holding up the right hand. Sec. 11. Persons scrupulous of swearing may affirm, the magis- trate administering the oath using the word " afiiim" instead of the word "swear," and the words "this you do under the pains and penalties of perjury," instead of the words "so help you God." Sec. 12. Inhabitants of towns, and members of public corpora- tions, and members of mutual insurance corporations, shall be com- petent witnesses in cases affecting the interests of such corporations. Sec. 13. The deposition of any witness in a civil cause, who is old and infirm, or sick and unable to appear at court, or who lives out of the State or more than ten miles from the place of trial, or who is about to leave the State and not return before the time of trial, may be taken and used on tlie trial. Sec. 14. Any justice or notary public in this State, any com- missioner appointed under the laws of this State to take depositions in other states, any judge, or justice of the peace or notary public in any other state or country may take such depositions. Sec. 15. The party proposing to take such deposition, shall cause a notice in writing signed by a justice or notary, stating the day, hour and place of taking the same, to be delivered to the adverse party or one of them, or left at his usual place of abode, if either of such parties reside in this State, or within twenty miles of the place of taking or of the party taking the same, a reasonable time before the taking thereof. Sec. 16. If such adverse party resides out of the State, or more than twenty miles from the place of caption or from the party proposing to take such depositions, a like notice given to the agent or attorney of such adverse party, or left at his usual place of abode, shall be sufficient. Sec. 17. No person shall be deemed such agent or attorney for this purpose, unless he has endorsed the writ or the summons to be left with the defendant in tlie cause, or appeared for liis principal before the court, justice, referees or arbitrators, where the action is pending, or shall have given notice in writing that he is such attorney or agent. Sec. 18. No person shall write the testimony of any \vitness or act as a magistrate in taking the same, who would be disqualified to act as a juror on the trial of the cause for any reason except exemption from service as a jm-or. Sec. 19. Every witness shall subscribe his deposition and shall make oath that such deposition contains the truth, the whole truth, and nothing but the truth relative to the cause for which it was taken. Sec. 20. The magistrate taking any deposition shall certify such CHAP. 188.] DEPOSITION IN PERFETUAM. 381 oath with the time, place and cause of taking the same, and the case and court in which it is to be used, and that the adverse party- was or was not present, was or was not notified, and that he did or did not object. Sec. 21. A copy of the notice left with the adverse party, his agent or attorney, with the return of the officer or affidavit of the person leaving such notice thereon, stating the time of leaving the same, shall be annexed to the certificate of the taking thereof, when the adverse party did not attend. Sec. 22. If any party, after giving notice to the adverse party as aforesaid, shall neglect or refuse to take a deposition, such ad- verse party shall be entitled to recover twenty-five cents a mile for actual travel of himself or his attorney to attend the same, by ac- tion on the case, unless seasonably notified in writing signed by the party giving such notice, that such deposition will not be taken. Sec 23. Depositions shall be sealed up by the magistrate taking the same, directed to the court or justice before whom they are to be used, with a brief description of the case, and shall be so deliv- ered into court. Sec. 24. Depositions may be taken, in perpetual remembrance of any fact or transaction, before any court of record or before two justices, one of whom shall be of the quorum. Sec 25. Any person wishing to take such depositions, shall make a statement in writing, under oath, briefly setting forth in substance his title, interest or claim in or to the subject, or setting forth the facts to which the desired testimony relates, and the names of all persons supposed to be interested therein, and also the names of the witnesses proposed to be examined, which statement shall be delivered to the court or justices before whom the deposi- tions are to be taken. Sec 26. Notice shall be given in the manner provided by law in cases of depositions taken to be used in actions then pending, to all persons known to be interested in the property or transaction to which the testimony relates. Sec 27. Every such deposition shall be written, signed and sworn to as is provided in this chapter in case of depositions in actions pending, with the necessary variation in the form of the oath ; and the said court or justices shall annex to each deposition a certificate of the time and place of taking, the name of the per- son at whose request it was taken, and of all those who were noti- fied to attend and did attend, and shall also annex thereto a copy of the notice as is prescribed in the twenty-first section of this chapter. Sec 28. The said statement, deposition, certificate and copy of notice shall, within ninety days after taking the same, be recorded in the registry of deeds in the county where the land or any part of it lies, if the deposition relate to real estate, and if not, in the county in which it was taken. 382 AUDITORS. [riTLK XXII. Sec. 29. All depositions taken in perpetual remembrance as aforesaid, or a copy of such record, the original being lost, may be used in the trial of any cause between the person at whose request it was taken, and any of the persons named in the statement and duly notified, or those claiming under them, concerning the title, claim, interest or facts set forth in the statement. Sec. 30. If the clerk of any court in any other of the United States shall certify that there is a criminal cause pending in such court, and that a person residing in this State is supposed to be a material witness therein, any justice shall upon such certificate or paper annexed thereto, issue a summons requiring such witness to appear and testify at such court. Sec. 31. If any person on whom such summons shall be served, having tendered to him twelve cents for each mile to be travelled to and from such court, and two dollars for each day his attendance may be required, shall unreasonably neglect or refuse to attend and testify at said court, he shall forfeit the sum of three hundred dol- lars to any person who will sue for the same. CHAPl^'Eir 189. OF AUDITORS. Section 1. Auditors, when appointed. 2. In actions between copartners and co- tenants. 3. Auditors — to be sworn — give notice — may adjourn — report, how made. 4. Auditors discharged or report recom- mitted, when. Section 5. Case may be tried by jury, when. 6. If party refuse to produce books, »fcc., report may be, what. 7. Judgment in such case, how render- ed. 8. Auditor's compensation, how paid. Section 1. Whenever it shall appear to the superior court or court of common pleas, that an investigation of accounts or an examination of vouchers is necessary in any action pending in such court, they may appoint one or more auditors to state the account between the parties and make report to the court. Sec. 2. Auditors maybe appointed in actions brought by copart- ners or cotenants against their copartners or cotenants. Sec. 3. Auditors shall be sworn and shall give notice to the parties of the time and place of hearing, may adjourn when neces- sary, and shall all hear the parties, but a majority may report. Sec. 4. Auditors may be discharged by the court and others appointed, or their report may be recommitted for revision. Sec. 5. If either party is dissatisfied with the report, the case may be tried by jury, and such report shall be given in evidence CHAP. 19?.] JUDGMENTS — HATE OF INTEREST. 383 to the jury, subject to be impeached by evidence oftered by either party. Sec. 6. If either party shall neglect or refuse to appear before the auditor, or to render an account, or to produce such books and papers and to answer on oath such interrogatories relating to the matter in controversy as may be pertinent and material, the auditor shall certify the same to the court. Sec. 7. The court shall thereupon render judgment against such party, as upon nonsuit or default, and, if necessary, cause the damages to be assessed by the jury. Sec. S. The court shall allow a reasonable compensation to the auditors, which shall be paid by the plaintiff and taxed in his bill of costs, if he recover. CHAPTER ISO. OF JUDGMENTS. 10. (1 scire facias on, in such case. 11. (( on mortgaores condition- al. Section Section 1. Judgments to be rendered in dollars 8. Judgment, on bond to be for the and cents. amount equitably due. 2. Interest, at what rate — usury. 9. " security for future breacli- 3. Evidence, and triple deduction made. 4. What is not usury. 5. Statement of betterments made. 6. Verdict as to amount how rendered. 7. Judgment, how entered. Section 1. All judgments shall be rendered in dollars and cents. Sec 2. Interest in the rendition of judgments and in all business transactions where interest is secured or paid, shall be computed at the rate of six dollars on a hundred dollars for one year, unless a lower rate is expressly stipulated ; and every person who upon any contract shall, directly or indirectly, receive interest at a higher rate, shall forfeit for every such offence three times the sum so received. Sec 3. When any person, for the recovery of any debt or damages, shall be sued upon any instrument hereafter made, and interest at a higher rate than six dollars for a hundred dollars for one year has been paid or secured upon the money sued for, or is secured by such instrument, if the debtor, (the creditor being alive,) will come into court where the action is pending, and offer to make oath, and, if required by the court, actually swear that there has been taken or secured upon the money sued for, or that there 384 JUDGMENTS. [XITLK XXII. Ims been or is secured in and by the instrument sued, interest above the rate aforesaid, then the court in rendering judgment shall deduct from the sum lawfully due, three times the amount so taken or secured, unless the creditor will swear that he has not, directly or indirectly, willingly taken or secured on the money sued for, or secured in and by the instrument sued, any interest above the rate aforesaid. Sec. 4. Nothing in this chapter shall extend to the letting of cattle or other usages of like nature in practice among farmers, or to maritime contracts, as bottomry, insurance or course of exchange, as heretofore used. Sec. 5. Any person against whom any action may be brought for the recovery of real estate, may with his plea file a brief state- ment, setting forth that he and the persons under whom he claims, have been in the actual peaceable possession thereof, under a sup- posed legal title, for more than six years before the action was commenced, and that the value thereof has been increased by them by buildings or other improvements. Sec. 6. The jury, if they find a verdict for the plaintiff, shall determine if the said lands have been so possessed and improved, and the amount of the increased value thereof, after allowing for any waste or injury the same may have sustained. Sec. 7. The judgment rendered for the plaintiff upon such verdict, shall be conditioned that if the plaintiff shall, within one year, pay to the clerk of the court for the use of the defendant the amount of the increased value so found, a writ of possession shall issue for the plaintiff, otherwise all his right to such lands shall be forever barred. Sec 8. In all actions for the recovery of any penalty or forfeit- ure in any obligation or contract under seal, the superior court or court of common pleas shall render judgment for the amount which shall appear to be equitably due. Sec 9. If such penalty or forfeiture shall be designed to secure the performance of several things to be done at different times, judgment shall be rendered for the whole of such penalty or for- feiture, and the court shall award execution only for so much as is justly due at that time. Sec 10. The plaintiff or his administrator may, from time to time, have a scire facias upon such judgment, and execution shall be awarded him for any further sums which may have become equitably due to him. Sec 11. In actions on mortgages the judgment shall be condi- tional, that if the mortgager or person having his right, shall pay to the mortgagee or person having his right, the sum the court shall adjudge due, within two months after judgment rendered with interest, such judgment shall be void, otherwise a writ of posses- sion shall issue. CHAP. 191. f O^iTJ 385 CHAPTER 191. OF COSTS. Section 1. Costs to follow event, unless. 2. No cost in action on judgment, when. 3. Costs where several suits brought, how allowed. 4. Costs not to e.xceed damages in ac- tions for personal injuries. Section 5. Nor in trespass to real estate. 6. Costs limited where less than $13-33 recovered, in what cases. 7. Court to limit and allow costs on motion. SectioxV 1. Costs shall follow the event of every action or peti- tion, unless otherwise directed by law or by the court. Sec. 2. No costs shall be allowed the plaintiff in any action upon a judgment upon which execution might lawfully issue, if the court shall be of opinion that the plaintiff could have availed himself of such execution as advantageously, for the collection of his demand, as he could of such action. Sec 3. When a plaintiff shall, at the same term, bring diverse actions against the same party which might have been joined, or shall bring more than one action upon a joint and several contract, the court may allow such and so many bills of cost as they may deem equitable. Sec. 4. No more costs than damages shall be recovered in any action commenced in the court of common pleas for slander, assault and battery, imprisonment or malicious prosecution, unless the damages recovered shall exceed thirteen dollars and thirty-three cents. Sec. 5. In actions of trespass for injuries to real estate com- menced in the court of common pleas, when the title of real estate is not in question, the court shall allow so much cost as they may think proper, not exceeding the damages recovered, in case such damages do not exceed thirteen dollars thirty-three cents. Sec. 6. In all actions commenced in the court of common pleas, if it appears that the plaintiff had no reasonable expectation of recovering more than thirteen dollars thirty-three cents, the court may limit the costs to such sum as they think reasonable. Sec. 7. In all actions or petitions pending in the superior court or court of common pleas in the county where the judgment was rendered, the said courts may, on motion and on good cause shown, limit and allow such costs and order such security for costs as they may deem just and reasonable. 49 386 REVIEWS AND NEW TRIALS. [TITLE XXII. CHAPTER 193. OF REVIEWS AND NEW TRIALS. Section 1. Civil actions may be reviewed, if issue of fact joined. 2. Court may grant review in other cases. 3. Petition to be presented, where. 4. Terms may be imposed, how. 5. Limitation of review — exceptions. 6. Petition must be filed within three years. Section 7. Reviews where triable, amendments. 8. Plaintiff in review to produce copies. 9. New evidence may be offered. 10. Judgment, how rendered. 11. " for costs, how rendered. 12. Costs limited in reviews, when. 13. Execution not stayed unless by order of court. Section 1. All civil actions in which judgment has been ren- dered in the court of common pleas or superior court, in which any issue of fact has been joined, except those in which by law a different provision is made, may be once reviewed. Sec. 2. The superior court may grant a review in any other case, where it shall appear that justice has not been done through any accident, mistake or misfortune, and that a further hearing would be just and equitable. Sec. 3. In such case, a petition shall be presented to said court in the county where the original action was brought, by any per- son interested, setting forth the reasons for such review ; and such notice shall be given to the adverse party or to his attorney as the court may order. Sec. 4. The court may grant such review upon such terms and conditions, and may allow such costs to either party, upon the petition of review, as they may think just and reasonable. Sec. 5. No action of review shall be brought of right after one year from the time of the judgment rendered, saving to any infant or insane person the right of such review for one year after such disability is removed. Sec. 6. No review shall be granted upon petition, unless such petition is filed within three years after the rendition of the judg- ment complained of, or the discontinuance or failure of the original suit ; and such review shall be commenced within ninety days after the grant thereof. Sec. 7. All writs of review shall be returnable in the court of common pleas in the county where the judgment was rendered, and shall be tried upon the pleadings filed in the original action, if any, unless the court, upon such terms as they shall think rea- sonable, shall permit amendments to be made. Sec. 8. The party brhiging any action of review, shall produce in court attested copies of the writ, pleadings, judgment and all CHAP. 192.] EXECUTIONS. 387 papers used and filed at the former trial, otherwise a nonsuit shall be entered. Sec. 9. Every case shall be tried upon review in the same man- ner as if no judgment had been rendered therein, and any new or further evidence may be produced therein. Sec. 10. If the amount of property, debt or damages recovered by the original plaintiff, is increased on review, he shall recover judgment for the excess and costs : if such amount is reduced, the original defendant shall recover judgment for the amount of such reduction and costs. Sec. 11. If the original plaintiff shall review and shall not recover a greater amount of property, debt or damages, the defend- ant shall recover costs : if such review is brought by the defendant, and the amount of property, debt or damages is not reduced, the original plaintiff shall recover costs. Sec. 12. No costs shall be recovered in an action of review, ex- cept those accruing upon such review, and the party bringing such review shall recover no more costs than the amount of the pro- perty, debt or damages he may recover therein, unless the original judgment shall be wholly reversed. Sec. 13. Execution in the original action shall not be stayed by reason of any writ of review, but the court, on motion, may order a stay of execution, where it may appear just and reasonable, upon terms. TITL.E XXIII. OF EXECUTIONS, LEVIES, BAIL AND RELIEF OF POOR DEBTORS. Chapter 193. Of executions. Chapter 194. Of levies on personal estate. Chapter 195. Of levies on real estate. Chapter 196. Of levies on equities of redemption. Chapter 197. Of levies and injunctions. Chapter 198. Of executions against towns. Chapter 199. Of imprisonment and prison bonds. Chapter 200. Of relief of poor debtors. Chapter 201. Of the liability of bail. 388 EXECUTIONS. [title XXIII. CHAPTER 193. OF EXECUTIONS. Sectiok 1. Executions, when to issue. 2. '• from superior court, how returnable. 3. " from court of common pleas, how returnable. 4. " from justices, how re- turnable. 5. " may issue within 2 years. 6. Interest payable on executions. Section 7. Executions issued on scire facias. 8. One only on same contract at a time. 9. If execution not against body, part to be omitted. 10. Execution, form of writ of. 11. Possession, form of writ of. 12. Execution against property of per- son imprisoned, when. Section 1. No execution shall issue until tlie expiration of twenty -four hours after judgment rendered. Sec. 2. Executions issued b^r the superior court, may be made returnable at the next regular term of the court, if within six months, otherwise v/ithin six months from the date thereof Sec. 3. Executions issued by the court of common pleas, may be made returnable at the next term of said court. Sec. 4. Executions issued by justices, may be made returnable within sixty days from the date thereof. Sec. 5. Executions may be issued at any time within two years after the judgment rendered, or after the return day of any former execution. Sec. 6. Interest shall be payable on all executions in civil actions, from the time the judgment was rendered. Sec. 7. The court may award execution on any judgment after the expiration of said two years, upon scire facias, for the amount then due, with interest. Sec. 8. Where several judgments are rendered upon the same contract, at the same term, only one execution shall be issued on said judgments at one time, except by order of the court. Sec. 9. Where any execution shall not run against the body of the defendant, the form may be varied by omitting such parts as relate to the arrest of the person. Sec. 10. Writs of execution shall be substantially in the folio w- ins: form : — THE STATE OF NEW HAMPSHIRE. R. SS. W^M ^^ ^^ ^^^ sheriff of any county or his deputy. Whereas A. P. of by the consideration of our justices of our court of holden at in said county of on the Tuesday of recovered judgment against A. D. LliVr. 193.] EXECUTlOxNS. 389 of for the sum of dollars and costs taxed at , as appears of record, whereof execution remains to be done : We command you, therefore, that of the goods, chattels or lands of the said debtor in your precinct, you cause to be levied and paid to the said creditor the aforesaid sums, with lawful interest tliereon, and more for this writ and your own fees, and in default there- of to arrest the said debtor and commit him to jail ; and the keeper of such jail is required to detain him in custody until he pay the same with your fees, or until he is discharged by the creditor or otherwise accordhig to law. And make return of this writ with your doings thereon to said court, to be holden at in said county, upon the Tuesday of Witness J. P. Esquire, the day of A. D. R. G. Clerk. Sec. 11. Writs of possession shall be substantially in the fol- lowing form: — THE STATE OF NEW HAMPSHIRE. ss. To the sheriff of any county of this State, or his deputy. Whereas A. P. of by the consideration of our justices of our court of holden at in said county of on the Tuesday of recovered judgment against A. D. of for a certain with the appurtenances, situate in the town of and costs taxed at as appears of record : We command you, therefore, that without delay you cause said A. P. to have possession of the said premises : We also command you that of the goods, chattels or lands of the said debtor in your precinct, you cause to be levied and paid to said creditor the aforesaid sum, with lawful interest thereon, and more for this writ and your own fees, and in default thereof to arrest the said debtor, and commit him to jail ; and the keeper of the jail is required to detain him in custody until he pay the same, with your fees, or until he is discharged by the creditor or other- wise according to law. And make return of this writ and your doings therein unto said court to be holden at in said coun- ty, upon the day of Witness J. P. Esquire, the day of A. D. R. G. Clerk. Sec 12. Whenever a debtor shall be committed to prison on execution, the creditor, on the return of the same, may have a further execution against the property of the debtor, notwithstand- ing the debtor shall not be discharged ; and upon the satisfaction of such execution, the debtor shall be discharged. 390 LEVIES ON PERSONAL ESTATE. [TITLE XXIII. CHAPTER 194. OF THE LEVY OF EXECUTIONS ON PERSONAL ESTATE. Section 13. Francliises, how advertised and sold. 14. Who is the purchaser, his rights. 15. Riglits of corporation, how affected. 16. Shares in corporation, how taken on execution. 17. " " " how advertised and sold. 18. Notice, how given if debtor out of county. 19. Copy of return filed with clerk. 20. Officer of corporation to give account of shares — penalty for refusal, &c. 21. " " " to exhibit records — penalty for refusal, &c. Section 1. Execution may be set off, when. 2. Money and bank notes may be le- vied on. 3. Chattels, how advertised and sold. 4. Personal property mortgaged, &c., may be levied on, how. 5. Proceeds of sale, how applied. 6. Right of redemption may be sold. 7. Owner niay redeem before sale. 8. Proceeds, how applied on several ex- ecutions. 9. Officer's return, what to state. 10. Fraud in sale, penalty for. 11. Officer may adjourn sale, how. 12. Pews, how advertised and sold. Section 1. Executions in which the creditor in one is debtor in the other, in the same right and capacity, shall be set off by the officer to whom one of such executions has been delivered, and the other shall be tendered ; and such officer shall return both such executions satisfied, so far as such set-off will extend. Sec. 2. Money may be taken on execution and paid to the cred- itor. Bank notes and other evidences of debts issued by any mon- eyed corporation and circulated as money, may be taken on ex- ecution and paid to the creditor at their par value, if he will accept of them, otherwise they may be sold at auction like other chattels. Sec. 3. Goods and chattels taken on execution, shall be safely kept by the officer, at the expense of the debtor, four days at least ; shall be advertised for sale, by posting up notices of the time and place of sale, at two of the most public places in the town where the sale is to be, forty-eight hours before the expiration of said four days, and sold at public auction to the highest bidder. Sec. 4. Personal property subject to any mortgage, pledge or lien, may be taken in execution in the same manner it may be attached, and may be sold in the same manner as other personal property ; and the creditor and officer shall have the same right to demand an account of the amount due and to hold the same, if no account or a false account is given, as in case of an attachment. Sec. 5. The proceeds of the sale shall be applied to pay the sum paid or tendered to the mortgagee, pledgee or holder, and in- terest, and the residue to the satisfaction of the executions on which the same is holden. Sec. G. The debtor's right to redeem sucii property may be CHAP. 194.] LEVIES ON PERSONAL ESTATE. 391 taken on execution and sold as in other cases, without such pay- ment or tender. Sec. 7. The owner may redeem any goods and chattels before the sale, by otherwise satisfying the execution and officer's fees and charges. Sec 8. The money arising from any sale of personal property, shall be applied by the officer to the payment of the charges and the satisfying of the executions levied thereon, in the order in which the attachments thereon, if any, were made, otherwise in the order in which the executions were delivered to him ; and the balance shall be returned to the debtor, upon request. Sec. 9. The officer shall make return of the execution accord- ing to his precept, with his doings thereon, particularly describing the goods and chattels taken and sold, and the sum for which each article was sold. Sec. 10. If any officer shall be guilty of any fraud in the sale or return, he shall be liable to each party injured to pay him five times the sum defrauded. Sec 11. The officer may adjourn any sale under this chapter from time to time, not exceeding ten days at one time, or sixty days from the seizure, giving the same notice of the adjournment as of a sale. Sec 12. Pews or seats in meeting houses may be taken, adver- tised and sold on execution in the same manner as other personal property, except that if there has been no previous attachment, the debtor shall be notified by the officer of the time and place of sale of such pew or seat, by giving to him a notice in writing or leaving such notice at his usual place of abode, if he resides in the town, otherwise with the town clerk, and the time of giving or leaving such notice shall be deemed the time of taking such property. Sec 13. The franchise of any corporation authorized to take tolls, may be taken and sold on execution at public auction, the officer giving notice of the time and place of sale, by posting up a notice thereof at any toll house at which such tolls are or have been usually taken, and causing a like notice, with the name of the creditor and the amount of the execution, to be posted up at two or more public places in the town in which any toll house of said corporation is situate, at least thirty days before the day of sale. Sec 14. The person who will pay such execution and the law- ful fees and expenses thereon, for the right to receive all such tolls for the shortest period, shall be the highest bidder, and shall, upon such sale, be entitled to the possession of the toll houses and gates of the corporation, to be delivered by the officer, and entitled to receive all such tolls for the term of his purchase, with all the rights of the corporation in relation thereto. Sec. 15. The rights and obligations of the corporation, except as to such tolls, shall not be affected by such sale, and they may redeem such franchise by paying the purchaser the amount paid by •392 LEVIES ON PERSONAL ESTATE. [TITLE XXIII. him llierefor, with twelve per cent, interest thereon, at any time within three months from such sale. Sec. 16. The shares or interest of any person in any corpora- tion may be taken on any execution, in the same manner they may be attached. Sec. 17. Notice in writing of the time and place of sale of sncli share or interest, shall be given by the ofiicer to the debtor or left at his usual place of abode, and posted up at one or more public places in the town where the sale is to be, and in two adjoining towns, thirty days before the sale. Sec 18. If the debtor does not reside in the county, the posting up [of] such notice as prescribed in the preceding section, and pub- lishing such notice in some newspaper, if any in the county, other- wise in an adjoining county three weeks previous to the sale, shall be sufficient without further notice to the debtor. Sec. 19. The officer shall cause an attested copy of the execu- tion and of his return thereon to be filed with the clerk, treasurer or cashier of the corporation, and pay for the recording thereof; and the purchaser shall thereupon be entitled to such shares or in- terest, and the income or dividends become due thereon since the attachment, and to such certificates as are the usual evidence of the shares or interest of a proprietor in such corporation. Sec 20. The officer of every corporation, having the care of the records or accounts of the shares or interests of the corpo- rators therein, shall, on request and on the exhibition of a writ of attachment or execution against any person interested in such cor- poration, give to the officer having such writ, a certificate of the number of his shares or amount of his interest therein, with the numbers of the shares or other description by which they are distin- guished ; and on neglect or refusal to give such certificate, or if he shall wilfully give any false certificate thereof, he shall be liable to pay to the creditor the whole amount of his demand against such debtor, to be recovered by an action of debt. Sec 21. If any officer of a corporation shall, on request of an officer and on exhibition of such writ of attachment or execu- tion, refuse or neglect to exhibit to him such records and docu- ments in his keeping as may be useful to direct ard assist him in the discharge of his duty, he shall forfeit twenty dollars to the offi- cer, and shall be answerable for all damages sustained by any per- son thereby. CHAP. 195.] LEVIES ON REAL ESTATE. 393 CHAPTER 195. OF LEVIES ON REAL ESTATE. Section 1. Real estate to be appraised. 2. Appraisers, how appointed ; oath. 3. If debtor neglects or is absent. 4. Notice to officers of corporations. 5. Levy, when commenced and com- pleted. 6. Appraisers to set off by bounds. Section 7. Undivided interest, when set off. 8. How part set off in special cases. 9. Whole to be described in such case. 10. Rent or income, how e.xtended. 11. Return to be made and recorded. 12. Effect if return is not recorded. 13. Debtor may redeem, how. 14. Creditor to release on payment. Section 1. All real estate may be taken on execution, and shall be appraised and set off to the creditor, at its just value, in satisfaction of such execution and the cost of levying, except in those cases where by law a sale of it is authorized. Sec. 2. The officer levying such execution, shall cause three appraisers to be appointed, one by the creditor, one by the debtor and one by himself, who shall be discreet and disinterested men, resident in the county, and shall be sworn by a justice impartially to appraise such real estate as shall be shown them as the estate of the debtor. Sec, 3. If the debtor, on due notice, neglect to appoint an ap- praiser, or in case he does not reside in the county or within twenty miles of the property to be appraised, the officer shall appoint an appraiser for the debtor. Sec. 4. Notice given to the clerk, treasurer, agent or one of the directors of a corporation to choose an appraiser for the corporation, ten days before the levy, shall be legal notice to the corporation. Sec. 5. A levy commenced by the appointment and swearing of one or more of the appraisers, may be completed before the re- turn day of the execution. Sec. 6. Such appraisers shall set off to the creditor, by metes and bounds or other distinct description, the real estate appraised by them, or so much as may be necessary in payment of the exe- cution and cost of levying. Sec. 7. If such real estate is holden jointly or in common with others, the levy shall be made upon the undivided interest of the debtor or a part thereof. Sec. 8. If such real estate cannot, in the judgment of the ap- praisers, be divided and set out by metes and bounds without greatly impairing the value of the whole, the levy may be made upon an undivided interest therein or by such mode of division as the nature of the property will admit. Sec. 9. In either of the cases aforesaid, the whole of the pro- 50 394 LEVIES ON EQUITIES AND TERMS. [TITLE XXIII. perty of which part shall be set off, shall be described by metes and bounds or other distinct description. Sec. 10. If any debtor is seized of a rent or of the income of any real estate, a levy may be made thereon, and the appraisers may set off the same for such term as they judge sufficient to pay the judgment, interest and costs ; and the sheriff shall cause the tenant to attorn and become tenant to the creditor ; and upon his refusal, shall turn him out of possession and deliver seizin to the creditor to hold for the term aforesaid. Sec 11. The officer shall deliver seizin and possession of the property so set off, to the creditor or his attorney, shall make a full return of his proceedings, and cause the execution and return to be recorded at length in the registry of deeds of the county, and returned to the office of the clerk of the court to which it is by law returnable. Sec. 12. All the debtor's interest in such real estate shall pass by the levy as against all persons whatever, if the levy is recorded as aforesaid on or before the return day of the execution ; other- wise, only as against the debtor and his heirs until such record is made. Sec. 13. Such extent shall be void, if, within one year from the return day of the execution, the debtor or any person interested shall pay or tender to the creditor the sum at which such real es- tate was appraised, with interest from the time such levy was received for record by the register of deeds. Sec. 14. The creditor, upon such payment or tender, having his reasonable charges therefor duly tendered to him, shall execute a release to the debtor of his right in such real estate acquired by such levy. CHAPTER 196. OF LEVIES ON EQUITIES OF REDEMPTION. Section 1. Rights in equity may be sold. 2. Notice to debtor and public, given. 3. " by publication, when. 4. Levy, when commenced and com- pleted. 5. Debtor may redeem, when and how. 6. Creditor to release, when and how. 7. Deed of officer, how made. Section 8. Deed not valid unless recorded. 9. Proceeds of sale, how applied. 10. Purchaser, how liable for profits. 11. Right to receive conveyance sold. 12. " to redeem any interest sold. 13. Terms for years and other interests, how sold. 14. Rights of purchaser in such cases. Section 1. Rights in equity of redeeming mortgaged real estate taken on execution, may be sold at public auction, and a valid CHAP. 196.] LEVIES OiN EQUITIES AND TERM. 395 deed thereof made by the officer to the purchaser ; and such exe- cution, with the doings of the officer thereon, shall be returned according to the precept thereof. Sec. 2. Notice of the time and place of sale shall be given to the debtor or left at his usual place of abode, if he resides in the county or within twenty miles of the property, and a like notice posted up at two of the most public places in the town in which the property is situate, thirty days before the sale. Sec. 3. If the debtor does not reside in the county or within twenty miles of the property, a like notice shall also be published in some newspaper printed in the vicinity, three weeks successively before the sale. Sec. 4. The levy shall be commenced by posting up notices as aforesaid, and may be completed afterwards, and the sale may be adjourned, not exceeding ten days at a time nor sixty days in the whole, notice of the adjournment being posted up in the same manner as notices of the sale. Sec 5. l,f the debtor shall, within one year after the sale, re- deem such right in equity, by paying to the purchaser the purchase money and any money paid by him to redeem such mortgage in whole or in part, after entry or notice for the purpose of foreclo- sure, with interest thereon, the sale and deed thereof shall be void. Sec 6. On payment, the purchaser, having his reasonable char- ges therefor duly tendered to him, shall execute a release to the debtor of all right to such estate acquired by or under such sale. Sec 7. The deed of the officer making such sale shall briefly state his office, the names of the parties to the action in which the execution issued, and the court and term at which the judgment Avas rendered therein, the consideration paid therefor, a description of the premises conveyed and the right of the debtor to redeem the same ; and shall contain a covenant that the officer has ob- served all the requisitions of the law by virtue of which the deed is made. Sec 8. No sale upon execution of any greater interest in any real estate than a term of seven years shall be valid, except against the debtor and his heirs, unless the execution and the return shall be recorded in the registry of deeds in the county in which the estate is situate. Sec 9. The proceeds of such sale shall be applied to the satis- faction of the executions issuing in the actions in which such estate was attached, in the order of the attachments, and then to the payment of any other execution in the officer's hands, in the order in which they Avere received, and the residue shall be paid to the debtor. Sec 10. The purchaser shall be liable to the debtor, after re- demption, for the rents and profits received therefrom over the expenditures made thereon ; but such purchaser may pay or ten- der to the debtor, either before or after action brought, the amount 396 LEVIES AND INJUNCTIONS. [TITLE XXIII. for which he deems himself justly accountable as aforesaid, and costs ; and unless the debtor shall recover a greater amount, the defendant shall recover his costs. Sec. 11. The right of any debtor to receive a conveyance of real estate on performance of any contract, may be taken on execu- tion and sold at auction, and the purchaser shall have a remedy by bill in equity to compel a conveyance. Sec. 12. The right of any debtor to redeem any right or in- terest in real estate, may be taken in execution and sold at auction. Sec 13. Terms for years may be attached on mesne process, and taken' and sold on execution, and in all cases where real estate taken in execution is required to be sold at auction, the proceed- ings relative to such sale, and the rights of parties thereupon, shall be the same as in cases of the sale of equities of redemption. Sec. '14. The person having the estate or right of the creditor, purchaser or debtor in any real estate taken in execution, shall be deemed to be, and shall have the rights, privileges and remedies, in all cases, of the creditor, purchaser or debtor as to all persons hav- ing notice of his right ; and no act done by or to the original creditor, purchaser or debtor, shall thenceforth be of any validity. CHAPTER 197. OF LEVIES AND INJUNCTIONS. Section 1. Lien not lost by injunction, when. 2. Proceedings incase of injunction. Section 3. Proceedings, if notice of sale given. Section 1. Whenever the levy of any execution shall be stayed by injunction, the lien and interest of the attaching creditor, exist- ing at the time of such injunction, shall continue and be in full force until the expiration of thirty days after the dissolution of such injunction. Sec. 2. The proceedings on such levy shall be suspended during the continuance of such injunction, and may be resumed and com- pleted at any time within thirty days after the dissolution thereof, notwithstanding the return day of such execution may have passed ; and such execution shall for this purpose remain in full force until such proceedings shall have been completed. Sec. 3. If the notice of the sale of any property, real or personal, shall have been given on any such execution at the time when the levy thereof shall be stayed by such injunction, notice of the sale CHAP. I9S.] EXECUTIONS AGAINST TOWNS. 397 of such property on such execution may be given after the dissolu- tion of such injunction, in the same way and manner as is pre- scribed by law for the sale of personal property on executions, and such sale shall be valid. CHAPTER 198. OF EXECUTIONS AGAINST TOWNS. Section 1. Estate of towns, how taken. 2. Copy of execution to be left with se- lectmen. 3. Selectmen to pay or assess tax. Section 4. Extent may issue against collector. 5. Property of selectmen and others lia- ble, when. 6. Contribution, how regulated. Section 1. The goods and estate of towns may be taken on execution, and appraised or sold in the same manner as the property of other corporations. Sec. 2. If no such goods or estate are found, an attested copy of the execution shall be left with one of the selectmen. Sec 3. The selectmen, upon such copy being so left, shall pay such execution or shall assess the inhabitants of such town in a sum sufficient to satisfy the same, and within thirty days there- after, collect the sum so assessed by a collector by them appoint- ed, and with the money so collected satisfy such execution. Sec. 4. If the collector to whom any warrant or list of taxes shall be committed under this act, shall neglect to collect and pay over such taxes to the selectmen within thirty days after he shall receive the same, the selectmen may issue an extent against him. Sec 5. If such execution shall not be satisfied within sixty days after a copy of such execution is left as aforesaid, such exe- cution may be levied upon the goods and estates of the selectmen, and, if they are insufficient, upon the property of any inhabitant of such town or owner of property situate therein. Sec 6. Every person upon whose property an execution against any town has been levied, may, in an action of assumpsit for money paid, recover of such town the sum so levied, and damages and double costs. 398 ARREST ON EXECUTION. [TITLE XXIII. CHAPTER 109. OF IMPRISONMENT AND PRISON BONDS. Section 1. Any prisoner on execution may give bonds. 2. Form of bond and condition. 3. Sureties, how to be approved. 4. Bond delivered to creditor, when. 5. Surrender by prisoner, how made. 6. Notice, if two jails, how given. 7. Sureties may surrender, when. Section 8. Prisoner surrendered cannot again give bond. 9. Judgment and execution on bond. 10. Debtor discharged, not liable to ar- rest for one year on same. 11. No person detained for prison charges on civil process. 12. Plaintiff to secure prison charges. Section 1. Any person arrested or imprisoned on execution, or detained in prison for want of bail after final judgment against him, or who shall be committed to prison by his bail or by the court upon a surrender by his bail after such judgment, shall be discharged upon giving bond as hereinafter provided. Sec. 2. Such bond shall be given to the creditor, with two suf- ficient sureties, residents of the State, to be bound jointly and severally in at least double the sum for which such person is arrest- ed or imprisoned, with a condition in substance as follows : — " The condition of the above obligation is, that if the said now a prisoner at the suit of said shall, within one year from the date hereof, apply to the proper authority and be admitted to take, and shall actually take the oath or aflirmation prescribed by law for the relief of poor debtors, or in default thereof shall surrender himself to prison as prescribed by law, then this obligation to be void." The blanks in the condition shall be filled as the case may require. Sec. 3. The sureties shall be deemed sufficient when they are approved in writing on the back of such bond, either by the credit- or, his agent or attorney in the action, or by two disinterested jus- tices of the quorum of the county in which such person is arrested or imprisoned. Sec. 4. Such bond shall be delivered by the officer to the cre- ditor, upon request and upon giving a proper receipt therefor. Sec. 5. If the debtor giving such bond shall not, within one year from the date thereof, take the oath or affirmation prescribed i)y law for the relief of poor debtors, or be otherwise discharged, he shall, on the day next after the expiration of said year, unless the same shall be Sunday, and in that case on the Monday follow- ing, surrender himself up to the keeper of the jail in the county where he was originally arrested or committed, and remain at said jail from twelve o'clock at noon till three o'clock in the afternoon of said day, and his sureties on such bond shall be thereby dis- charged. CHAP. 200.] POOR DKBTORS. 399 Sec. 6. If there is more than one jail in the county, the person making the surrender, shall cause notice in writing to be given to the creditor or his attorney, or left at the usual place of abode of one of them, if either lives in the State, stating at which of said jails the surrender will be made, at least ten days prior thereto. Sec. 7. The sureties in any such bond may take the body of the principal, and surrender him at such jail in the manner and for the purpose aforesaid. Sec. 8. In the case of such surrender, the creditor may cause such debtor to be arrested on his execution and committed to jail, where he shall remain in close confinement and shall not be again discharged on giving bond as aforesaid. Sec. 9. On condition broken, the creditor shall recover by action on such bond, his just debt or damages and costs thereof, with ten per cent, interest from the time of the arrest, with costs, and the clerk shall certify on the execution therefor that it was issued on such bond ; and any person arrested or committed in any suit thereon, shall be kept in close jail and shall not be discharged on giving such bond. Sec. 10. If any debtor shall be discharged from jail, by reason of the neglect of the creditor to levy his execution upon his body within thirty days after judgment rendered, he shall not be liable to arrest in any action of debt upon such judgment at any time within one year afterwards. Sec. 11. No person committed on civil process, shall be detained in prison for the non-payment of prison charges ; but such charges shall be a debt against the prisoner, if he is of ability to pay the same. Sec. 12. The person at whose suit any person is committed to jail, shall give bond to the jailer, with satisfactory security or such as may be approved by a justice, to pay the prison charges in case of the prisoner's inability ; otherwise such prisoner shall be dis- charRed. CHAPTER SOO. OF THE RELIEF OF POOR DEBTORS. Section 1. Person imprisoned may petition. 2. Order of notice, how made. 3. Justices may adjourn, when. 4. Petitioner examined on oath. 5. Property to be appraised and assign- ed, in what cases. Section 6. Oath to be taken — form of. 7. Form of oath may be changed. 8. Certificate of oath, form of. 9. Person of debtor discharged, 10. In wilful trespass or neglect, no bond to be taken. 400 POOR DEBTORS. [title XXIII. Section 11. In sucli case not discharged, unless. 12. Persons disqualified to testify, may take oath. Section 13. Costs taxed for creditor, when. 14. No new application till prior costs paid. Section 1. Any person arrested or committed to jail on any execution, or who has given bond as provided by law, may imme- diately apply to any two justices of the peace and of the quorum, by petition setting forth that he had not, at the time of his arrest or at any time afterwards, estate to the value of twenty dollars, excepting goods and chattels by law exempted from attachment, and praying to be admitted to take the oath hereinafter prescribed. Sec. 2. Either of the justices may make an order on such appli- cation, appointing a time and place for hearing and considering such application ; and the debtor shall cause the creditor or his attorney to be served with a copy of such application and order of notice thereon, at least fifteen days before the day of hearing. Sec 3. Said justices or either of them, on receiving satisfactory evidence that due notice has been given to the creditor, may ad- journ the hearing on such petition, not exceeding ten days. Sec. 4. The person so applying may be examined under oath, on motion of the creditor or his attorney, and any other evidence produced by either party shall be heard ; and if it shall appear that such person has been guilty of any fraud, deceit or falsehood in relation to his property, his application shall be refused. Sec. 5. If it shall appear or shall be alleged that the person applying had any property at the time of his commitment, over and above the property exempted by law, his interest in the same may be by him assigned to the creditor, at the discretion and ap- praisement of the justices, in case the parties do not agree ; and on his refusal or neglect forthwith to make such assignment, his appli- cation shall be refused. Sec 6. If no sufficient objection is made, said justices shall ad- minister to the debtor the following oath : " You, A. B., do solemnly swear (or affirm) that you have not any estate, real or personal, or any right thereto, to the amount of twenty dollars, excepting goods and chattels by law exempted from attachment, and that you have not at any time, directly or indirectly, sold, leased or otherwise conveyed any part of your property or intrusted any person therewith, with any intent or design to secure the same, or to receive or expect any profit or advantage therefrom ; nor have caused or suffered any thing else whatever to be done whereby any of your creditors may be de- frauded. So help you God," (or, " This you do under the pains and penalties of perjury.") Sec 7. If the creditor or his attorney shall not accept any property of the debtor, an assignment whereof as aforesaid has CHAP. 200.] POOR DEBTORS. 401 been tendered, the form of the oath shall be altered accordingly, so as to except such property, which shall belong to such debtor. Sec. 8. The said justices shall make a certificate of such oath when administered, substantially in the form following : THE STATE OF NEW HAMPSHIRE. R. ss. On the day of A. D. at in said county, A. B., of heretofore a prisoner at the suit of C. D. of took the oath prescribed by law for the relief of poor debtors, the said C. D. (or the attorney of the said C. D.) having been duly notified, did (or did not) attend; before C Justices of the peace ( and of the quorum. Sec. 9. The person of the debtor shall be thereafter forever discharged from arrest or imprisonment on the debt or demand on which he was so arrested or imprisoned ; but his estate shall always remain liable therefor, and a new execution may at any time issue against such estate. Sec. 10. If the cause of action, in any action of trespass or trespass on the case, has arisen from the wilful and malicious act or neglect of the defendant, the court or justices before whom the action is tried, shall cause a certificate thereof to be made on the back of the execution issued in such action, and the defendant shall not be discharged on giving bond as provided in the preced- ing chapter. Sec 11. In such case the defendant shall not be entitled, as a matter of right, to be discharged upon taking the poor debtor's oath ; but if the justices to whom application is made, shall think proper, he may be discharged upon such terms and conditions as they may impose. Sec 12. Any person disqualified to testify as a witness, may be admitted to take the oath prescribed by law. Sec. 13. If the application of an}'' person to take such oath shall not prevail, costs shall be taxed for the creditor in the same manner as in actions in the court of common pleas, and judgment rendered and execution issued by the justices therefor. Sec 14. No application of any person to take the poor debtor's oath shall be allowed, until the costs which have been adjudged against him on all former applications, have been paid. 51 402 LIABILITY OF BAIL. [title XXIII. CHAPTER 201. OF THE LIABILITY OF BAIL. Section 1. Bail, how must be notified. 2. Bail may produce body of debtor. 3. Bail not charged unless notice re- turned as duly given. 4. Bail discharged by committing debt- or to jail, when. 5. Scire facias issued, in what case. Section 6. Bail may surrender on scire facias. 7. Costs to be paid by bail, how. 8. Scire facias must be served on bail within one year. 9. Bail, how discharged before justice. 10. Copy of process left with jailer. Section 1. Creditors intending to charge the bail on the execu- tion, shall endorse thereon the names and places of abode of the bail ; and the officer, at least fifteen days before the return day thereof, shall deliver to each of the persons intended to be charged as bail, or leave at his usual place of abode a notice in writing, stating that such execution is in his hands, the amount thereof and when it is returnable, and keep such execution until the return day thereof. Sec. 2. If the bail so notified, shall, at any time before the return day, produce the body of the debtor to the officer, so that he may arrest him, and pay the reasonable charges for such notice, they shall be forever discharged. Sec. 3. The bail shall not be charged upon any return of non est inventus, unless the officer shall certify in such return that notice was given as aforesaid to the bail. Sec 4. Bail shall be discharged at any time before judgment against them, by committing the principal to the common jail of the county in which the arrest was made, or in which the action is pending, and giving to the creditor or his attorney in the action, within fifteen days after, notice in writing of the time when and place where the principal is so committed, and causing the board of the principal to be paid or secured to the jailer until the expiration of seven days after notice given to the creditor or his attorney, unless he shall be sooner discharged by giving bond according to law. Sec 5. If the officer shall make return on the execution against the principal, that he has made diligent search, and has not been able to find the principal in his precinct, and that he gave notice to the bail as herein prescribed, the creditor may have a writ of scire facias against the bail, and judgment and execution against him for the amount of such execution and interest, and for costs. Sec 6. If the bail shall, at any time before judgment against them, bring into the court the body of the principal and move to be discharged, they shall be discharged, and the court shall order CHAP. 201.] PROCEEDINGS IN SPECIAL CASES. 408 the keeper of the prison to receive him into custody ; and he shall be holden in the same manner as if he had been committed on the writ for want of bail. Sec. 7. The bail shall not be discharged by committing his principal and notice to the creditor as aforesaid, after notice given to the bail as aforesaid, without paying to the officer, creditor or his attorney the cost of such notice, and the cost which has arisen in any action which has been commenced against such bail. Sec. 8. No scire facias against bail shall be supported, unless the same shall be served on the bail within one year after the final judgment against the principal. Sec 9. The bail, in actions before justices, may commit the principal to jail at any time before judgment against them, and shall be discharged upon producing to the justice a certificate thereof from the jailer, in the same manner and upon payment of the like cost as if he were surrendered in court. Sec. 10. The bail, on committing their principal to jail, shall in all cases leave with the jailer an attested copy of the writ or process on which the arrest was made, and of the officer's return thereon, with a certificate of such commitment ; and the jailer shall detain such principal in his custody in the same manner as if he were committed for want of bail. TITL.E XXIV. OF PROCEEDINGS IN SPECIAL CASES. Chapter 202. Of habeas corpus. Chapter 203. Of forfeitures of grants. Chapter 204. Of replevin. Chapter 205. Of the action of dower. Chapter 206. Of the partition of real estate. Chapter 207. Of trespasses and waste. Chapter 208. Of the trustee process. Chapter 209. Of the action against tenants. Chapter 210. Of references and confession of debt. 404 HABEAS CORPUS. [title XXIV. CHAPTER 303. OF HABEAS CORPUS. BECTION . 1. Who entitled to the writ of right. 2. Who are not entitled of right. 3. Application, to whom made. 4. " by whom and how made. 5. Writ granted or refused on inspection. G. Bail may be taken, when. 7. Writ, when granted without copy. 8. Form of writ of habeas corpus. 9. Seal, teste, &c., of writ. 10. Writ issued by court, returnable. 11. " " " justice, returnable. 12. Remedy to be as easy and expeditious as possible. 13. Security for costs required, when. 14. Service of writ, how made. 15. Return of service, how made. 16. Body of prisoner to be brought. 17. Within what time to be done. 18. Hearing may be adjourned, how. Sec 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. If court not in session, return how made. Party required to recognize. Court to hear without delay. Proceedings on such hearing. May admit applicant to bail in crimi- nal cases, when. May admit applicant to bail in civil cases, when. Officer neglecting to give copy of process, penalty. If person on whom writ served re- fuses to appear, penalty. False return, penalty for. Disobedience is contempt. Person discharged not to be again imprisoned for same cause. Limitation of suits, and prosecutions. Right of action not lost by death. Section 1. Any person imprisoned in any common jail or other- wise restrained of his personal liberty, by any officer or other per- son, except in the cases mentioned in the following section, shall be entitled of right to a writ of habeas corpus, according to the provisions of this chapter. Sec. 2. The following persons shall not of right be entitled to such writ : First, Persons imprisoned upon legal process, civil or criminal, in which the cause of such imprisonment is distinctly expressed ; Second, Persons committed by any coiu't or judge of the United States, and where no judge of any court of this State has authority to discharge or to commit to bail. Sec. 3. Application for such writ may be made to the superior court of judicature, in term time, in any county, or to any justice thereof at any time, by any person so imprisoned or restrained of his liberty, or by some person in his behalf. Sec 4. The application shall be in writing signed by the appli- cant, and under oath. It shall state the place where the person is supposed to be imprisoned or restrained of his liberty, and by whom, and a copy of the warrant or precept, if any, under which he is confined, shall be annexed to such application. Sec. 5. If, on inspection of the copy of such precept, it shall appear to such court or justice that such person is lawfully impris- CHAP. 20-2.] HABEAS CORPUS. 405 oned or restrained of his liberty by virtue thereof, a writ of habeas corpus shall not be granted. Sec. 6. If, by the copy of such precept, it shall appear that such person is imprisoned on mesne process for want of bail, or on crimi- nal process before a magistrate for want of recognizance, and that excessive bail or recognizance was required, such court or justice shall decide what bail is reasonable, and he shall, on giving such bail, be discharged. Sec. 7. If any officer having the custody of any such person by virtue of any precept, shall refuse or delay unnecessarily to deliver to such applicant an attested copy of such precept, on demand, such court or justice, on proof of such demand and refused or unnecessary delay, to be proved by the affidavit of the appli- cant or other credible witness, shall forthwith issue the writ of habeas corpus as prayed for. Sec. 8. The form of the writ may be substantially as follows : THE STATE OF NEW HAMPSHIRE. Greeting. We command you that the body of in our prison under your custody detained, (or, by you imprisoned and restrained of his liberty, as the case may be,) as is said, together with the day and cause of the taking and detaining of the said by what- ever name the said may be called or charged, you have before our justices of our superior court of judicature holden at within and for our county of immediately after the receipt of this writ, to undergo and receive what our said justices shall then and there consider of him in this behalf; and have you then there this writ. Witness at this day of in the year of our Lord All necessary alterations, in the form thereof, shall be made to adapt the same to the circumstances of the application. Sec. 9. Said writ, when awarded by the court, shall be under the seal of the court, tested by the chief justice or first justice who is not a party, and signed by the clerk : when awarded by any justice of said court, it shall be under his hand and seal. Sec 10. Said writ, when issued by the court, may be made returnable immediately to the court or any justice thereof in any county, or at any time and place certain, or before any justice of said court at any time and place therein directed. Sec. 11. If the writ is issued by any justice of said court, it may be made returnable before himself or any other justice of said court, ^immediately at a place therein directed, or at a time and place certain, or before said court as may be therein directed. 406 HABEAS CORPUS. [TITLE XXIV. Sec. 12. In all cases such writ shall be made returnable in such a mode, as to seciu-e to the applicant the enjoyment of the same in the most free, easy, cheap and expeditious manner. Sec. 13. The court or justice awarding such writ, may, in his discretion, before the same is awarded, require that the applicant shall file a sufficient bond or give satisfactory security to the person to whom such writ is directed, for the payment of all charges incurred by reason of such process, and that the person imprisoned shall not escape by the way ; and may also order that the expenses of bringing the person imprisoned or restrained of his liberty, before such court or justice, (which sum shall be fixed by such court or justice and endorsed on such writ,) shall be paid or ten- dered at the time of the service of such writ. Sec. 14. The service of such writ may be made by any person, and shall be by delivering the original to the person to whom it is directed, or if the person for whom application is made, is in prison, it may be left with the jailer or deputy keeper at such pri- son, and paying or tendering the sum endorsed on said writ, if any. Sec 15. The person making such service, shall keep a copy of such writ, and shall make his return or affidavit of service and of such payment or tender of fees thereon, as in other cases, £irid deliver the same to the court or justice before whom the same is returnable, on or before the time of hearing therein designated. Sec 16. The person to whom such writ is directed, shall receive the same when offered, and upon payment or tender of the sum endorsed on said writ, if any, shall yield due obedience to the command thereof; and shall make due return thereof to the court or justice, and at the time and place therein mentioned ; and shall state every cause of taking and detaining the person imprisoned or restrained, all which shall be made under oath ; and shall also have present the body of such person, unless imprisoned or restrained for some one or more of the causes specified in the second section of this chapter. Sec. 17. If no time is specified for such return, the same writ being returnable immediately, the return shall be made within three days after such service, imless the prisoner is to be brought more than twenty miles, in which case the return shall be made within so many days more as will be equal to one day for every ten miles of such further distance. Sec 18. Any justice of said court, when any such writ is re- turned to him, may certify and return the same, with all things pertaining thereto, to said court, if then sitting ; and at any time be- fore the prisoner shall have been discharged, bailed or remanded, any such justice may adjourn further proceedings on such writ to said court, if then in session, or to the next term thereof, if to com- mence within three months next afterwards. The said court, in any such case, shall proceed thereon as if such writ had been, by the tenor thereof, returnable thereto. CHAP. 202] HABEAS CORPUS. 407 Sec. 19. If said court shall not be in session when any sucli writ is made returnable, the same shall be returned to any justice of said court as if the same was issued by and returnable to him. Sec. 20. Such court or justice may require and take security by recognizance, with sufficient sureties if necessary, for the appear- ance of any party at the time and place of hearing on any such writ, and to abide the order of court thereon ; and may make all decrees necessary to insure the attainment of the object of such writ, and enforce the same upon the principles of equity. Sec. 21. When any person shall be brought before any court or justice thereof as aforesaid, such court or justice shall, within three days after, proceed and examine the causes of detention. Sec. 22. If the person imprisoned or restrained, shall be so im- prisoned or restrained without sufficient cause or due order of law, he shall be discharged ; but if otherwise, he shall be remanded. Sec. 23. If such person is committed for any bailable offence, such court or justice may bail him by ordering him to recognize, with sufficient surety or sureties, in a reasonable sum, for his appearance at the court having cognizance of such offence, and shall certify their recognizance into such court. Sec. 24. If such person is committed on mesne process in any civil action for want of bail, and it shall appear that the bail re- quired was excessive, such court or justice may discharge him on reasonable bail being given. Sec. 25. If any officer having the custody of any prisoner, on payment or tender of his fees therefor, shall not, within six hours after demand made, deliver to such prisoner a true copy of the warrant or process by which he is held in custody, he shall forfeit to the party aggrieved the sum of two hundred dollars. Sec. 26. If any person to whom any writ of habeas corpus is directed, shall refuse to receive the same, or shall conceal himself or avoid so that such writ cannot be delivered to him, or after the receipt thereof shall refuse or neglect, after the payment or tender of expenses when required as aforesaid, to yield obedience thereto, unless prevented by the sickness of the person detained or other necessity, he shall forfeit for every such offence to the person aggrieved, the sum of five hundred dollars. Sec. 27. If any person shall make any false return to any such writ, he shall be also liable to the action of the party grieved, and also to any action at common law for false imprisonment or unlaw- ful restraint. Sec. 28. The court or justice thereof awarding any such writ, or to whom it is returned, may punish every disobedience to the order thereof as for a contempt, and may compel obedience thereto by process of attachment. Sec. 29. No person enlarged by habeas corpus, shall again be imprisoned or restrained of his liberty for the same cause, unless he shall be indicted therefor or convicted thereof, or shall neglect to 408 FORFEITURE OF GRANTS, [title XXIV. appear according to his recognizance, or to find bail when required thereto ; and if any officer or other person shall wilfully again imprison or restrain the person so discharged, except as aforesaid, he shall forfeit to the party aggrieved eight hundred dollars. Sec. 30. All actions and prosecutions for any offence against the provisions of this chapter, shall be commenced within two years next after the commission of such offence ; saving to all persons in prison the right to sue or prosecute at any time within two years after such impediment is removed. Sec. 31. The right of action in any such case, excepting actions of trespass for false imprisonment, shall not cease by the death of either party, but shall survive for and against the personal repre- sentatives of the deceased. CHAPTER 303. OF THE FORFEITURE OF GRANTS. Section 1. " Grant" construction of word. 2. " Grantee," " " " 3. Grants, how forfeited. 4. Effect of forfeiture. 5. Information or complaint, how filed. 6. Proceedings, where to be had. 7. Service, in case of lands, how made. 8. " in other cases, how made. 9. Several persons may join. 10. Grantee, when defaulted. 11. Grantee, when heard in chancery. Section 12. Judgment may be conditional. 13. Judgment, how rendered. 14. Copy of case to be returned to secre- tary's office. 15. Improvements, when allowed for. 16. Value thereof, how determined. 17. W^hen lands regranted, conditions. 18. If conditions not fulfilled, remedy. 19. Possession, how recovered. 20. Complainant liable for costs. Section 1. The word '■'• grant ^^'' as used in this chapter, shall be construed to mean all grants or charters of lands in this State, made by the supreme executive or legislative power thereof, and all acts of incorporation and laws giving to individuals powers or rights not common to all citizens. Sec. 2. The word ^^ grantee''' shall be construed to mean the person, persons or corporation to whom such grant is made, their representatives, successors and assigns, and all persons interested therein. Sec 3. Any grant may be adjudged forfeited for the non-per- formance of any condition annexed to or contained in such grant, whether such condition be expressed or from the nature of the case clearly implied, in the manner hereinafter provided. Sec. 4. Whenever any grant shall be adjudged forfeited, the CHAP. 203.] FORFEITURE OF GRANTS. 409 grantee shall be immediately divested of all rights, powers and privileges derived by virtue of such grant ; and the grant shall be thenceforth deemed to be vacated, and shall revert to the State. Sec. 5. The ordinary mode of process shall be by information filed by the attorney general, or other person duly authorized in behalf of the State, setting forth that such grant is forfeited, or if the claim is by an individual for the forfeiture of a grant of land, by a complaint by such individual, setting forth such forfeiture and his claim thereto. In the latter case, before any order is issued, the complainant shall file with the clerk a bond running to the State, in a reasonable sum and with sufficient sureties, conditioned to pay all costs which may be recovered against him on such com- plaint. Sec. 6. Such information or complaint shall be directed to the justices of the superior court of judicature, for the county in which such land or corporation, or any part thereof, lies, and may be filed in vacation ; and the clerk shall make an order thereon, directing such grantee to appear at the next term of said court in said county, then and there to show cause why such forfeiture should not be decreed. Sec. 7. Such process shall be served upon the grantee, in the case of forfeiture of lands, by posting up a copy of such com- plaint or information and order of court thereon, in some public place in the shire town of the county in which such land lies, for the space of thirty days prior to the term of the court at which the same is to be heard and tried, and also by publishing the same in some newspaper printed in such county, if any there be, other- wise in some adjacent county, and also in the New Hampshire Patriot and State Gazette, three weeks successively, the last publi- cation to be at least thirty days prior to said term. Sec 8. In all other cases service shall be made by giving an attested copy of such information and order of court thereon, to such grantee or the clerk of such corporation, or one of the prin- cipal proprietors thereof, or by leaving the same at his usual place of abode, thirty days at least prior to said term, or by such other notice as the court, on consideration, shall order. Sec. 9. If several persons in any case claim under the same grant, they may appear and plead severally. Sec. 10. If the grantee shall not appear after service duly made, the court shall hear the evidence and try the truth of the matters alleged in the information or complaint, and may, for good cause shown, adjudge the grant to be forfeited. Sec 11. If the verdict of the jury or the decision of the court, in any such case, is that such grant is forfeited or that the condi- tions of the grant have not been performed, the grantee may show his reasons in writing to the court why the grant in equity and good conscience should not be forfeited, although a forfeiture has 52 410 FORFEITURE OF GRxVNTS. [tITI.E XXIV. been legally incurred, and tlie court shall judge the same according to equity and good conscience. Sec. 12. If the court, upon due consideration, shall deem such reasons to be sufficient, the same shall be briefly recited in the judgment, which shall be that the grant, in equity, ought not to be forfeited and is not forfeited, and that the grantee pay the costs of suit. Sec. 13. If no reasons are shown, or if the reasons shown are insufficient, the judgment shall be that the grant is forfeited, and the reasons shown, if any, and their insufficiency shall be briefly recited in said judgment. Sec. 14. When final judgment has been rendered that a grant is forfeited, the clerk of the court in which such judgment is ren- dered, shall, within thirty days thereafter, transmit to the secretary of state a copy of all the papers in such case, including the judg- ment, certified by him and under the seal of the court, which shall be kept by the secretary and laid before the legislature at the next session. Sec. 15. At and upon the rendition of any judgment of forfeit- ure of any grant of land as aforesaid, such grantee may, by petition or motion in writing, set forth the facts respecting his performance of the condition of such grant and the improvements made by him thereon, and may pray the court to be heard tliereon. Sec 16. The court shall immediately proceed to hear the same, either by a jury or before themselves, at the option of such par- ty ; and upon the value of such improvements and the value of the land, at the time of the entry of such grantee, being found, the court as a court of equity, shall determine and decree that the State shall pay to such grantee the value of such improvements, or so much thereof as they shall think reasonable, before having pos- session of such lands, or that the grantee shall pay to the State the value of the lands before such improvements were made, and upon such payment to have all the title of the State thereto, or it may be conditional, leaving it to the option of the grantee to pay or receive said sums, as he may think expedient ; which decree shall prescribe the time and mode of such payment, which shall be at the treasury of the State, and such notices and other requirements as equity may demand. Sec. 17. Whenever any grant of land has been declared forfeit- - ed, and the same has been regranted, such second or other grantee may appear at and upon the rendition of judgment of forfeiture, in the manner provided in the preceding section, and a hearing shall be had and a conditional judgment rendered as is therein pro- vided, and such judgment returned to the secretary of state as in other cases. Sec. 18. If such grantee shall not comply with and fulfil said decree or judgment of court, in the mode and within the time CHAP. 204.] REPLEVIN. 411 therein prescribed, the attorney general or other person appointed, may bring a writ of scire facias in the same court, and said court sitting in equity, upon a hearing of said case, may decree such grant to be forfeited. Sec. 19. Wlienever any grant of lands shall be declared forfeit- ed, and the grantee shall continue to hold possession thereof, an action may be brought by the State to recover such possession, un- less the same has been regranted so that the State has no present title thereto. Sec. 20. If any person not employed by and in behalf of the State, shall enter any complaint or prosecute any suit as aforesaid, and shall not support his title, costs shall be taxed against him for the defendant. CHAPTER S04. OF REPLEVIN. Section 1. Beasts impounded, how replevied. 2. Property claimed by third person. 3 " exempt from attachment. Section 4. Suits, where to be brought. 5. Plaintiff to give bond, how. 6. Officer may seize property, how. Section 1. Any person whose beasts are impounded, may at any time, while they remain in the pound, maintain replevin therefor against the impounder thereof. Sec 2. When any goods or chattels attached on any writ of mesne process, are claimed by any other person, he may maintain replevin therefor. Sec 3. If any goods or chattels exempted by law from attach- ment, are attached upon mesne process, and before they are taken on execution, the owner or person out of whose possession they were taken, may maintain replevin therefor. Sec 4. If the value of property replevied does not exceed thirteen dollars and thirty-three cents, the action shall be brought before a justice ; otherwise, in the court of common pleas. Sec 5. The plaintiff in the writ, before the service thereof, shall give bond to the sheriff of the county, with sufficient sure- ties, in a sum not less than double the value of the property reple- vied, conditioned to prosecute his suit and to pay all such damages and charges as may be awarded against him. Sec 6. If any property attached as aforesaid, is in the possession of any person for keeping or otherwise, the officer having the writ of replevin, may demand the same, and on neglect or refusal to 412 ACTION OF DOWER. [title XXiV. deliver such property, may enter any close or building and replevy the same. The delivery to or taking by such officer of any pro- perty shall exonerate the person having possession thereof as afore- said, from all liability therefor. CHAPTER 205. OF THE ACTION OF DOWER. Section 1. Writ of dower, when brought. 2. Demand of dower to be first made. 3. Form of writ of dower. 4. Damages to be rendered, what. Section 5. Form of judgment for dower. 6. Dower, how set out by officer. 7. Rights of widow therein. Section 1. If dower is not assigned to any woman entitled thereto, to her satisfaction, by the heir or tenant of the freehold or by the judge of probate, she may recover the same by action of dower. Sec. 2. She shall make demand in writing of her dower of the person seized of the freehold, if in this State, otherwise of the tenant in possession ; and if such dower is not set out within one month, may sue for and recover the same against such person. Sec. 3. The writ in actions of dower shall be a summons. Sec. 4. If the demandant recovers judgment for her dower, she shall also, in the same action, recover her reasonable damages for the detention thereof by the tenant in such action after demand made. Sec 5. Judgment shall be rendered for the demandant that she recover " seizin of such part of a certain with the appurte- nances, as will produce a yearly income equal to one third part of the yearly income thereof on the day of ." Sec 6. The officer to whom such writ of seizin is directed, shall cause such dower to be set oif by three discreet and disinte- rested men of the neighborhood, who shall be appointed and shall proceed in the same manner as is provided in the case of the levy of executions on real estate. Sec 7. The rights of every such woman and the mode of set- ting out her dower, shall be the same as in similar cases before a judge of probate. CHAP. 206. j PARTITION OF REAL ESTATE. 413 CHAPTER S06. OF PARTITION OF REAL ESTATE. Section 1. Partition may be made, when. 2. Petition, if owners known. 3. " " " unknown. 4. Notice, where owners known. 5. " " " unknown. 6. If petitionee is absent, notified. 7. If petitionee is an infant, what. 8. If unknown, agent to be appointed. 9. Questions triable by jury, how. 10. Committee to be appointed, how. 11. Notice to be given by committee. 12. Proceedings, if owner unknown. 13. Partition, how to be made. 14. Report and judgment thereon. Section 15. Costs, how adjusted. 16. If petitioner prevails in part, costs, how taxed. 17. If petitioner fails, costs. 18. If petition not entered, costs. 19. Petition not affected by sale. Sec. 20. Legal owner to have share set off. 21. If no dispute as to title, petition filed in probate court. 29. Notice how given in such case. 23. Partition, how made in such case. 24. If costs not paid, how collected. 25. Estate not divisible, how set off. Section 1. One or more persons having or holding real estate with others, may have partition thereof in the mode hereinafter provided. Sec. 2. Application may be made by such person to the superior court of judicature in the county in which such real estate or any part thereof lies, by petition in writing, particularly describing the estate of which partition is desired, the names of all owners or per- sons interested, if known, and the share of the petitioner therein, and praying for partition thereof. Sec 3. If the persons owning or interested in any such real estate with the petitioner, are unknown, the estate shall be de- scribed in such petition in the same manner as is required by law in the case of taxing unimproved lands of non-residents, specifying the share severally held by each petitioner, and stating the same as held with persons unknown. Sec. 4. The petitioner shall cause notice to be given to all per- sons interested in such estate, by causing such petition, with an order of notice thereon, to be duly served on each in the same manner that writs of summons are required to be served. Sec. 5. If any petitionee is unknown, or if his residence is un- known, or if he resides out of the State not having had personal notice, the court shall order said petition and order of notice to be published in some newspaper printed in the county, if any there be, otherwise in some adjoining county, three weeks successively, the last publication to be thirty days at least before the term of the court at which such petition is to be heard. Sec. 6. If any petitionee is absent from home at the time of the service of such petition, and has not returned and does not ap- 414 PARTITION OF REAL ESTATE. [tITLE XXIV. pear at the sitting of the court at which such petition is entered or continued, the court may continue such petition and order farther notice to be given, if they think proper. Sec. 7. If any petitionee is an infant or otherwise incapacitated to take care of his estate, the court shall not cause partition to be made until a guardian or agent has been appointed, and such agent may be appointed by the court. Sec. 8. If any petitionee is unknown, the court may, whenever they think it expedient, appoint an agent to aid and advise in his behalf in making such partition. Sec 9. If any of the facts alleged in such petition are denied by the petitionee, the objections shall be made in waiting by plea drawn with legal certainty, to which the petitioner may reply or demur, so that the matter in dispute may be reduced to an issue of law or fact, and tried and determined as in civil cases. Every such issue of fact shall be sent to the court of common pleas for trial, unless by agreement of parties it is tried by the court. Sec. 10. If the issue is determined in favor of the petitioner, or if after due notice the petitionee shall not appear, the court shall render judgment that partition be made, and shall appoint a com- mittee consisting of three suitable persons, residents of such county, to make partition of such estate and to set off the share of the several persons interested, according to their respective titles, and shall award costs to the petitioner against the petitionee and issue execution therefor. Sec. 11. Such committee, before proceeding to make partition, shall cause notice in writing of the time and place appointed for a hearing in relation thereto, signed by their chairman, to be served upon each person interested, or his agent or attorney, or left at his usual place of abode, seven days at least before such day of hear- ing. Sec 12. If any petitionee or his residence is unknown, the committee shall cause such notice to be published in some news- paper published in the same county, if any there be, otlierwise in some adjoining county, three weeks successively before said day of hearing. Sec 13. Said committee, before such hearing is had, shall be sworn faithfully and impartially to discharge the duties of their commission, and shall proceed to make partition of the estate as is therein directed, by dividing and setting off to each owner his just share thereof, according to his right, by proper metes and bounds or other distinct description, and shall return to said court a full report of their doings, with a particular description of each portion of the estate so divided, and a certificate of said oath. Sec 14. Such partition and report being made and returned to said court, judgment may be rendered thereon; and the same being recorded in the registry of deeds for the county where the real estate lies, shall be valid and effectual to all intents and piu-poses. CHAP. 20G.] PARTITION OF REAL ESTATE. 415 Sec. 15. The committee shall consider and adjust the costs and charges of making such partition, and apportion the same in such manner as they shall think just and reasonable for or against the parties interested, and report the same to the court, and execution may issue therefor. Sec. 16. If, on the trial of any issue, it shall be determined thskt the petitioner has a right or share in the estate described, but less than he claims, the court shall order that partition be made in the manner aforesaid, according to the actual rights of each, but the petitionee shall recover costs. Sec. 17. If on such trial it shall be determined that the peti- tioner has no right or share in such estate, the petitionee shall recover costs. Sec. 18. If the petitioner shall fail to enter or to prosecute his said petition, costs shall be awarded in favor of all the petitionees upon whom service thereof was made, to be recovered as in other cases. Sec. 19. No partition shall be avoided by any conveyance made by any petitionee, after the entry of the petition therefor, nor by any conveyance, unless duly recorded at the date of such entry, nor by any mortgage, attachment or lien thereon, whenever made, or by the death of either party, but the share of each party named in the petition, shall be set off in severalty and be subject to all legal claims thereon, as if such claimant had been a party thereto. Sec. 20. If, in making any partition, any share shall be set off to any person other than the legal owner thereof, such share shall enure to the benefit of such legal owner, his heirs or assigns, as if the same had been set off to him. Sec. 21. If there is no dispute about the title, the petition for partition may be directed to and filed with the judge of probate of the county where the real estate or the greater part thereof lies, who shall appoint a time and place of hearing thereon. Sec. 22. Notice thereof shall be given to all parties interested by giving to each in hand, or leaving at his usual place of abode a true and attested copy of such petition and order of notice, fifteen days at least before the day of hearing, or by causing the same to be published in some newspaper printed in the vicinity, three weeks successively, the last publication to be at least thirty days before such day of hearing. Sec. 23. If, on such hearing, no sufficient objection appears, said judge shall cause partition [to be made] by a committee, who shall be appointed, be sworn, give notice and proceed in making partition ; and the court shall appoint guardians or agents for all minors or persons incapacitated, and agents for all persons un- known or out of the State, interested in such estate, receive and accept the report of such committee, and render judgment and award costs thereon, in the manner herein-before prescribed. Sec. 24. If any party interested, against whom costs are award- 416 TRESPASSES AND WASTE. [tITLE XXIV. ed, shall neglect to pay the same, the said judge may issue his warrant of distress therefor. Sec. 25. When any real estate is so situated that it cannot be divided so as to give to each owner his equal share therein, without great prejudice or inconvenience, the same or part thereof may be assigned to one of the petitioners, he paying to the other persons interested who shall have less than their shares, such sum of money as the committee shall award, or giving bond, with sufficient sure- ties, to pay the same with interest within such time as the court shall order. CHAPTER 207. OF TRESPASSES AND WASTE. Section Section 1. Trespass on wood lot, penalty. 6. Trespasses on public lands. 2. Altering marks on logs, penalty. 7. Such possession of no avail. 3. Leaving gates, &c., open, penalty. 8. Cutting timber trees, «fec., penalty. 4. Carrying away earth, &c., penalty. 9. Limitation of prosecutions. 5. Mode of proceeding in such cases. Section 1. If any person shall cut, fell, destroy or carry away any tree, wood, timber or underwood whatsoever standing, lying or being on the land of any other person, having no right there, without leave from the owner of the land on which such trees, timber, wood or underwood were, or shall aid therein, he shall for- feit for each trespass to the person injured, five dollars for every tree or log of one foot over, for every tree or log of greater dimen- sions, five dollars and three times the value thereof, and three dol- lars for every tree, log or pole less than one foot in diameter, and for other wood or underwood, treble the value thereof. Sec. 2. If any person shall cut out or alter the mark of any mill log, or saw or cut into any lumber or any log not his own property, without the leave of the owner, or shall aid therein, he shall be liable for each offence to the same penalty affixed in the precedmg section to cutting any tree or log of the same dimensions. Sec. 3. If any person shall throw down or leave open any bar, gate or fence belonging to or enclosing any land holden in com- mon, or belonging to any particular person, or shall aid therein, he shall for every such offence forfeit and pay treble damages to the person injured, and also a sum not exceeding fifteen dollars, according to the aggravation of the offence. Sec. 4. If any person shall dig up or carry away any stone, ore, gravel, clay or sand, turf or mould belonging the proprietors of any CHAP. 208] TRUSTEE PROCESS. 417 common lands, or to any particular person, or shall aid therein, he shall for every such offence forfeit the same sum as is prescribed in the preceding section. Sec. 5. In any case which may arise under the preceding sec- tions, the plaintiff may proceed as at common law, or the plaintiff, his agent or attorney may make oath that certain acts set forth in the declaration, have been committed, and that he suspects that the defendant committed such acts, and the court upon such and other evidence to be offered by the plaintiff, may award him damages and costs as aforesaid, unless the defendant shall acquit himself upon oath, to be administered by the court, in which case he shall recover of the plaintiff double costs. Sec. 6. If any person, without leave of the State, shall enter into or take possession of any waste lands unappropriated and be- longing to this State, and shall continue in possession thereof with- out color of right for the space of three months, he shall forfeit for such offence one hundred dollars, to be recovered by indictment, one half to the use of the State and the other half to the use of the complainant. Sec. 7. No possession obtained or held as aforesaid, shall be of any avail in law in favor of such possessor. Sec 8. If any person shall wilfully cut, fell, destroy, injure, or carry away any pine or other timber trees standing or growing on any tract of land within this State, without leave of the owner thereof, or shall be accessory thereto, he shall be liable to the person injured, in a sum equal to five times the value of all the trees so cut, felled, destroyed, injured or carried away. Sec 9. No prosecution for any trespass under this chapter shall be sustained, unless commenced within two years from the com- mission thereof. CHAPTER 308. OF FOREIGN ATTACHMENT OR THE TRUSTEE PROCESS. Section 1. Trustee process, when brought. 2. " " how brought. 3. Service of trustee writs. 4. New trustees inserted before service on defendant. 5. Trustee, when defaulted. 6. Continuance, when allowed. 7. Liability of trustee, how tried. 8. Trustee, when liable, and how. 63 Section 9. Not liable, for earnings of wife. 10. Liability for debt not yet due. 11. " " goods in his hands. 12. " " " contracted. 13. Creditor to be agent to receive. 14. Liability for neglect to deliver. 15. " " note, order, i&c. 16. " " property under lien. 17. " " refusal to deliver. 418 TRUSTEE PROCESS. [title XXIV. Section 18. Liability on negotiable note. 19. " how determined. 20. Debtor refusing to appear, penalt}'. 21. Answer not evidence on indictment, except for perjury. 22. If property claimed by another. 23. Corporation liable as trustee. 24. If trustee dies before disclosure. 25. Commissioner appointed, when. 26. If trustee about to leave the State, disclosure may be taken. 27. Disclosure taken in vacation, how. 28. Trial by jury allowed, how. 29. Verdict of jury, judgment and costs. Section 30. Judgment against trustee, what. 31. If defendant has had no notice. 32. If collusion between the parties. 33. If trustee is fraudulent, costs. 34. Holding property fraudulently, costs allowed, how. 35. If delaying, creditor to pay costs. 36. ArlBwers of trustee to be several. 37. Executions, how to be issued. 38. Judgment against trustee, a bar. 39. Trustee suits before a justice. 40. Process, how to be directed. 41. Plaintiff to file bond, when. 42. Fees of trustee in sucli case. Section 1. All personal actions may be conrnnenced by the process of foreign attachment, or trustee process, in the manner hereinafter provided, except actions of replevin, actions on the case for malicious prosecution, or for slander or libel, and actions of trespass for assault and battery and false imprisonment. Sec. 2. All such actions shall be brought in the same county in which they would have been brought, if no trustee were sum- moned therein, except as is hereinafter provided. Sec. 3. The trustee writ shall be an attachment and summons, and shall be served upon the trustee and upon the principal defend- ant in the same manner as writs of summons, and the property of the principal defendant may be attached thereon. Sec. 4. The plaintiff may insert the names of as many persons as trustees as he may deem necessary, at any time before the pro- cess is served upon the principal defendant, but not after. Sec. 5. If such trustee do not appear at the term of the court to which such process duly served on him, is returnable, or if contin- ued, at the term to which it shall be so continued, his default shall be recorded, and the charge of his having in his possession money, goods, chattels, rights or credits of the principal defendant to the amount alleged in such process, shall be deemed to be true, and judgment shall be rendered and execution issue against the trustee, his proper goods and estate for such amount as the plaintiff shall recover against the principal defendant in such process, but not exceeding the amount so alleged in such process as aforesaid. Sec. 6. If any trustee shall not be able to attend in person, at the term of the court to which said process is. returnable or may be continued, or shall have other good and sufficient cause, a continu- ance may be granted upon such terms as the court may order. Sec. 7. Every person summoned as trustee as aforesaid, may be put to answer interrogatories as to his liability as such trustee, which interrogatories and answers shall be in writing, and sub- scribed and sworn to in open court, or before some justice of the CHAP. 208.] TRUSTEE PROCESS. 419 peace, if the parties agree; or the question of his liability may be tried by the jury, as the plaintiff may elect. Sec. S. Every person summoned as trustee as aforesaid, having in his possession any money, goods, chattels, rights or credits of the principal defendant at the time of the service of such writ upon him, or at any time after such service and before his disclosure, shall be adjudged a trustee therefor. Sec 9. No person summoned as trustee, shall be charged as such on account of the personal services or earnings of the wife of the debtor at any time, or on account of any labor performed by the debtor or any of his family after the service of the process, or with- in fifteen days prior to such service. Sec. 10. When the trustee is indebted to the principal defend- ant, and the time of payment has not expired, the court may sus- pend issuing execution against such trustee as justice may require. Sec. 11. If the trustee has any goods or chattels of the principal defendant in his possession, not subject to any lien, judgment shall be rendered and execution issue against the trustee therefor, or for so much thereof as may be necessary to satisfy such execution. Sec 12. If the trustee is under contract for the delivery of any specific article or articles to the principal defendant, or payment in any articles, judgment shall be rendered and execution issued against the trustee for such articles, or so much thereof as may be necessary to satisfy such execution, which shall be paid and deliv- ered to the creditor according to such contract. Sec 13. The creditor shall be the agent of the principal defend- ant for the purpose of receiving the goods, chattels or articles men- tioned in the two sections preceding, and shall levy his execution thereon to the amount of his debt and cost, and no more ; but if no division of such goods, chattels or articles can be made, the whole may be sold. The property unsold and the overplus of the proceeds of the property sold, shall be retained by the officer to be delivered to the debtor whenever he shall demand the same. Sec 14. If any person adjudged trustee for any goods, chattels or other property whatever, shall refuse to expose the same so that the creditor may levy his execution thereon, the court shall, on return thereof made by any officer, grant a rule upon such trustee to show cause why execution should not issue against such trustee, his own goods and estate ; and upon such rule being duly served and no sufficient cause shown to the contrary, judgment shall be rendered and execution issued against him for such sum as the court may think just and proper. Sec 15. If upon the disclosure of any person summoned as trustee in the court of common pleas, or upon the trial of an issue between him and the plaintiff, it shall appear that such per- son had in his possession, at the time of the service of the pro- cess upon him or afterwards, any promissory note, order, receipt, bill of exchange, bond or other promise for the payment of money 420 TRUSTEE PROCESS. [tITLE XXIV. or the delivery of property belonging to the principal defendant, the court may appoint a receiver whose duty it shall be, under the direction of the court, to collect and apply the proceeds to the pay- ment of the debt and costs recovered by the plaintiff against the principal debtor, and to pay tlie surplus, if any, to such debtor. Sec. 1G. If it shall appear as aforesaid that the person sum- moned as trustee, had in his possession, at the time of the service of such process or afterwards, any personal property of the princi- pal defendant, and that the same is subject to any pledge, lien or mortgage, and at the time of the disclosure has not been sold by the trustee, the court may appoint a receiver whose duty it shall be, under the direction of the court, to dispose of the same, if a greater amount than the sum due can be obtained therefor, and after paying the amount of such pledge, lien or mortgage, to apply the balance as aforesaid. Sec 17. If the person so summoned as trustee, shall refuse in either of the cases specified in the two preceding sections, to de- liver any such note, order, receipt, bill, bond, promise or other pro- perty, on the order of the court, he shall be charged as trustee for the amount thereof, and judgment be rendered and execution issued accordingly. Sec. 18. If any person summoned as trustee as aforesaid, is in- debted, at the time of the service of such process or afterwards, to such debtor by a negotiable promissory note made or payable in this State, or the parties to which at the time of making the same resided in this State, the court may make a rule requiring such debtor to appear and answer on oath all interrogatories respecting the possession, transfer or other disposition of such note, and a rule or order of notice to be served upon any individual or pub- lished in some newspaper, for the information of any person who may claim an interest in said note, so that such person may appear and show that the same was transferred to him in good faith, and for an adequate consideration, before the service of such trustee process ; and the question whether the same was so transferred to him, shall be decided by the jury, if he or the plaintiff request it. Sec. 19. If it shall not appear that the note was so transferred, the promisor shall be charged as the trustee of such debtor, and the payment of the judgment rendered against him, shall be a discharge from the note or from such part thereof as is equal to the amount so paid by him, together with all costs taxed in his favor. Sec 20. If any such debtor shall refuse to appear, upon such order of court, he may be arrested and brought into court upon a capias and fined not exceeding fifty dollars, and if he shall refuse to answer, may be proceeded against as for a contempt of court. Sec 21. No answer or disclosure of any person, or any other proceedings under the provisions of this chapter shall be used in evidence upon any criminal prosecution against such person, except CHAP. 208.] TRUSTEE PROCESS. 421 upon an indictment of the trustee for perjury in the making of such answer or disclosure. Sec. 22. If any person shall claim any money, goods, chattels, rights or credits, or other property as aforesaid, in the hands of any supposed trustee, by assignment from the debtor or otherwise, the court may permit or cause him to appear and maintain his right. The testimony of the debtor or of any competent witness may be taken in such manner as the court shall direct, and filed with or appended to the disclosure of the trustee, and the court may award such costs between such claimant, the creditor and trustee, as jus- tice and equity may require. Sec. 23. Any corporation may be summoned as trustee, and may appear and answer by its treasurer, cashier, or such other offi- cer or officers as such corporation shall appoint or the court shall direct ; and the examination on oath of such officers shall be deemed to be the answer of the corporation. Sec. 24. If any person summoned as trustee, shall die before disclosure made or before judgment, his executor or administrator may come in or be summoned in to become a party to such action, as in other cases, and shall be liable in the same manner as if said action had been originally commenced against such executor or administrator. Sec. 25. Upon the motion of either party, the court may ap- point a commissioner to take the disclosure of any trustee, and if upon due notice, such trustee shall neglect or refuse to appear be- fore such commissioner or to answer all proper interrogatories, on oath, the commissioner shall report such neglect or refusal to the court, who may thereupon enter judgment against such trustee as upon default, or order such further proceedings and upon such terms as may be just and reasonable. Sec 26. If any person summoned as trustee, is about to leave the State to be absent beyond the next term of the court to which the trustee process is returnable, or for other sufficient cause may not be able to attend court, and either party desires that his disclo- sure shall be taken, application in writing may be made to any jus- tice of the peace for that purpose, stating the cause thereof. Sec 27. Such justice shall, if he deems the cause sufficient, cause such notice to be given to the adverse party as is given in the case of depositions, and may, at the time and place of hearing, proceed to take such disclosure, which shall be by written interro- gatories and answers, and signed and sworn to by said trustee. Upon the return of any such disclosure into court, judgment may be rendered thereon, or such further proceedings had as equity may require. Sec 28. Upon disclosure made by any person summoned as trustee, the creditor may move the court that the question whether such person is trustee or not, be tried by the jury ; and upon pay- ment of the trustee's costs up to the time of filing such motion, 422 TRUSTEE PROCESS. [TITLE XXIV. unless the court shall restrict the same, an order shall be made and an issue framed for the trial of such question ; and on such trial the disclosure so made and any other competent evidence may be offered, and judgment shall be rendered on the verdict as in other cases against trustees. In any such case the debtor may be a competent witness. Sec. 29. If, on such trial, judgment shall be rendered against the trustee for a greater amount or for other property than he would have been chargeable for on his disclosure, judgment shall be rendered against him for costs also, including costs so paid him as aforesaid ; otherwise the trustee shall recover his costs. Sec. 30. When any person shall be adjudged a trustee of any debtor as aforesaid, except where it is otherwise specially provided, judgment shall be rendered and execution issue against such trus- tee, his own goods and estate therefor, or for so much thereof as will satisfy the judgment obtained against the principal defendant, in the same manner as if such suit were brought against him per- sonally ; but no jvidgment shall be rendered against the trustee or against the principal defendant, unless such defendant has been duly summoned or notified of such suit. Sec 31. If any person summoned as trustee, is chargeable as such, and the principal defendant has had no personal notice of such suit, the trustee may appear and defend such suit for such defendant, and may have a continuance for the purpose of notify- ing such defendant, upon such terms as the court shall order, and such costs shall be awarded for or against such trustee as equity may require. Sec 32. If it shall appear to the court that there is fraud and collusion between the creditor and trustee, the court may refuse to admit such trustee to appear and defend as aforesaid, or may order such notice to be given to the debtor as will be most likely to be ef- fectual, or proper security to be filed for the protection of the rights of such defendant, before judgment shall be rendered against him. Sec. 33. When real estate shall be attached on any such process, any person summoned as trustee in such process, may be required to disclose the grounds of his claim, if any he have, to the same ; and if it shall appear on the disclosiue that it was conveyed to him, to prevent its being seized on mesne process or execution against the principal debtor, or for the purpose of delaying or de- frauding any creditor, or that he holds the same by a title appa- rently absolute, but which is in fact on any trust for such debtor or other person, judgment shall be rendered against such trustee for costs. Sec 34. Whenever it shall appear that any person summoned as trustee, has received the property of the principal defendant, or holds any bill of sale or other conveyance from him, or has done any act in relation thereto, with intent to aid him in defeating or delaying any creditor, costs shall be taxed against such trustee. CliAP. 208.] TRUSTEE PROCESS. 423 Sec. 35. In all cases where the trustee has not been guilty of fraud or unnecessary delay, he shall be entitled to iiis costs ; and the court may order the same to be deducted from the amount for which such trustee is adjudged chargeable, or may render judgment and issue execution therefor, or make such order touching the same as equity may require. Sec. 36. Two or more persons severally liable may be summon- ed as trustees in the same process, and their disclosures and all other proceedings shall be several, and judgment shall be rendered for such sum as the court shall order for or against each severally, and execution shall issue therefor accordingly. Sec. 37. Execution may be issued by the court against the prin- cipal defendant for any balance due to the plaintiff, on his judgment recovered against such defendant in any trustee suit, beyond the amount for which the trustee or trustees in such suit are charge- able, and further executions may be issued from time to time against such defendant or any trustee, as the court may order, until such judgment shall be satisfied in full. Sec. 38. Any money, goods, chattels, rights or credits or any property of any description of any debtor, taken by the provisions of this chapter out of the possession of any trustee, shall fully dis- charge such trustee, his executors or administrators from all actions or causes of action in favor of such debtor, his executors or adminis- trators ; and if any such trustee shall be sued therefor, or for any thing done by virtue of the provisions of this chapter, he may plead the general issue and give the special matter in evidence under it. Sec. 39. Any trustee process may be brought and maintained before any justice of the peace, where the sum demanded in dam- ages shall not exceed thirteen dollars and thirty-three cents, and all the several provisions in this chapter contained, not restricted to the court of common pleas, so far as the same are applicable to and not inconsistent with process before a justice of the peace, shall be deemed to apply thereto. Sec, 40. If any trustee named in any such process, resides out of the county in which the same is brought, the writ and any exe- cution issued against such trustee, shall be directed to the sheriff of any county in this State, or his deputy, or to any constable of the town in which such trustee resides. Sec. 41. When the trustee in any such suit resides out of the county in which the process is brought, the plaintiff shall file a bond, to be approved by the justice before whom the suit is brought, and in such sum as he shall order, running to such trustee and con- ditioned to pay all costs which such trustee may recover in such suit, which bond shall be filed with such justice, and a minute thereof made on such writ and signed by him before the service of such writ on any such trustee. Sec. 42. The fees of every trustee in any court for actual ne- cessary attendance as trustee, shall be the same as that of a witness. 424 ACTIONS AGAINST TENANTS. [TITLE XXIV. CHAPTER 309. OF THE ACTION AGAINST TENANTS. Section 1. Leases at will, how determined. 2. Notice, what is sufficient. 3. Notice on breach of condition. 4. Notice to tenant holding over. 5. Leases at will, what are deemed. 6. Lessee may give notice to quit. 7. Possession of premises, how recovered of lessee or occupant. 8. Summons, form of, in such case. 9. Summons, how served. 10. Judgment on default or issue for plain- tiff, what to be. 11. Writ of possession, form of. Section 12. Judgment for defendant, when. 13. Evidence of title not admissible un- der the general issue. 14. Recognizance on plea of title. 15. Neglect to recognize, judgment. 16. Action to be entered in C. C. P. 17. Either party may appeal, when. 18. Recognizance of plaintiff, how. 19. Recognizance of defendant, how. 20. Proceedings on appeal. 21. Judgment affirmed, when. 22. Common law remedy not affected Section 1. Any lessor or owner of any lands or tenements, may at any time determine any lease at will or tenancy at sufferance, by giving to the tenant or occupant a notice in writing to quit the same at a day therein named. Sec 2. If any tenant or occupant neglects or refuses to pay the rent due and in arrear, upon demand, seven days' notice shall be sufficient. If the rent is payable more frequently than once in three months, whether such rent is due or not due, thirty days' no- tice shall be sufficient, and three months' notice shall be sufficient in all cases. Sec. 3. If any lessee shall violate the condition of any written lease, notice to quit at the end of seven days shall be sufficient and equivalent to an entry for condition broken. Sec. 4. If any lessee shall hold over after the expiration of a definite written lease, seven days' notice shall be sufficient. Sec. 5. Every tenancy or occupancy shall be deemed to be at will and the rent payable upon demand, unless a different contract is shown. Sec 6. Any lessee may terminate his lease by notice in writing in the same manner as the lessor, and such notice shall have the same effect for all purposes as a notice by the lessor to the lessee. Sec 7. The owner or lessor of any tenement or real estate may recover possession thereof, against any lessee or occupant holding the same without right, after a notice to quit the same, in the manner herein prescribed. Sec 8. A writ of summons may be issued returnable before a justice, which shall set forth in substance, that the plaintiff is entitled to the possession of the demanded premises, and that the CHAP. 209.] ACTIONS AGAINST TENANTS. 425 defendant is in possession of the same without right, after notice in writing to quit the same. Sec. 9. Such writ shall be served seven days before the return day thereof, in the same manner as other writs of summons should by law be served. Sec. 10. If the defendant shall make default, or if, on trial, it shall be considered by the justice that the plaintiff has sustained his complaint, judgment shall be rendered that the plaintiff recover possession of the demanded premises and costs. Sec. 11. A writ of possession shall be thereupon issued by said justice, substantially in the form prescribed by law in the case of like writs issued by the court of common pleas. Sec. 12. If the plaintiff shall neglect to enter his action or to support the same, judgment shall be rendered for the defendant for his costs. Sec. 13. Under the general issue, the defendant shall not be allowed to offer any evidence which may bring the title to the demanded premises in question. Sec. 14. If the defendant shall plead any plea which may bring in question the title to the demanded premises, he shall recognize to the plaintiff, with sufficient sureties, in such sum as the justice shall order, to enter and prosecute said action at the next court of common pleas for the county, and to pay all rent then due or which shall become due, pending said action, and the damages and costs which may be awarded against him. Sec 15. If the defendant shall neglect or refuse so to recognize, judgment shall be rendered against him in the same manner as if he had refused to make answer to the suit. Sec 16. After the filing of such plea and the entry of such recognizance, no further proceedings shall be had before such jus- tice, but the action may be entered and prosecuted in the court of common pleas, in the same manner as if it were originally com- menced there. Sec 17. Any party aggrieved by the judgment of any justice upon issue joined in such case, may, within two hours after the rendition of such judgment, appeal to the next coiu't of common pleas for the county. Sec 18. The plaintiff, before his appeal is allowed, shall recog- nize to the defendant, with sufficient sureties, iu such sum as the justice may order, to enter and prosecute his appeal and to pay such costs as may be awarded against him. Sec 19. The defendant, before his appeal is allowed, shall recognize to the plaintiff, with sufficient sureties, in such sum as the justice may order, to enter and prosecute his appeal and to pay all rent then due or which may become due, pending such suit, and such damages and costs as may be awarded against him. Sec 20. The party appealing shall produce certified copies of the whole case at the court appealed to, and either party may there 54 426 REFERENCES. [title XXIV. oflfer any evidence in the same manner as if the cause had been originally commenced there. Sec. 21. If the appellant shall neglect to enter his appeal or to produce such copies, the court, on complaint of the appellee, shall affirm the former judgment with additional damages and costs. Sec. 22. Nothing in this chapter shall be construed to prevent any landlord from pursuing his legal remedv at common law. CHAPTER SIO. OF REFERENCES OF DISPUTES BY CONSENT, AND CONFESSIONS OF DEBT BEFORE A JUSTICE OF THE PEACE. Section 1 . References, when allowed. 2. Form of agreement to refer. 3. Agreement to be acknowledged. 4. Reference of specific demand, mode. 5. Reference of all demands, mode. 6. Submission not to be revoked. 7. Hearing may be fixed by parties. 8. Award, how to be made. 9. Powers of referees, and oaths. 10. Report returned to court, how. 11. Award, when to be made public. Section 12. Report accepted by court or recom- mitted, and proceedings. 13. Powers of the court in such case. 14. Fees of justices, referees, &c. 15. Costs, how allowed by referees. 16. If amount under $200, justice may issue execution on report. 17. Confession of debt regulated. 18. Record to be made by justice. 19. Executions therefor, how served. Section 1. All controversies which may be the subject of a per- sonal action, may be submitted to one or more referees in the mode prescribed in this chapter. Sec 2. The parties may appear personally or by attorney before any justice of the peace in the county in which either of the parties resides, and there sign and acknowledge an agreement in substance as follows : " Know all men by these presents, that of in the county of and State of and of in the county of and State of have agreed to submit the demand made by the said against the said which is hereto annexed, (or, "and all other demands betAveen said parties," as the case may be,) " to the determination of the report of whom, or the major part of whom, being made as soon as may be to the court of common pleas for the said county of judgment thereon shall be final. And if either party shall neglect to appear before said referees, after proper notice given to them OHAP. 210.] REFEREiNCES. 427 of the time and place appointed by the referees for hearing the parties, the referees may proceed in his absence. Dated this day of in the year 18 ." Sec. 3. Said agreement having been signed by each of the parties, shall be acknowledged by them or their attorneys as their free act and deed, before the same or some other justice, and any referee, being a justice, may take said acknowledgment. Sec. 4. If a specific demand only is submitted, it may be inserted in the agreement, or the same shall be signed by the party making it and annexed to the agreement, and such demand shall be as particular in stating the substance of the claim in controversy, as the nature of the case will admit. Sec. 5. If all demands between the parties are submitted to the referees, no specific demand need be annexed to the agreement. Sec. 6. Neither party shall have power to revoke the submission without the consent of the other. Sec 7. The parties, if so disposed, may agree upon and fix in said agreement the time and place for the hearing, for making an award thereon, and may vary the form accordingly. Sec 8. All the referees must meet and hear the parties, unless the parties otherwise agree, but a majority may make an award, and their report shall be as valid as though signed by all the referees. It shall appear on the face of the award, or by the cer- tificate of the dissenting referee, that all of them attended and heard the parties, unless the parties shall waive the same in writing on said agreement. Sec 9. The referees shall have the same authority as those appointed by rule of court, and any one of them may administer an oath to witnesses in the cause. Sec. 10. The report of the referees shall be delivered by one of the referees to the court to which the same is to be returned, according to the agreement ; or it shall be sealed up by them and transmitted to such court, and remain sealed until opened by the clerk in open court. Sec 11. If the parties agree, the referees may make known their determination prior to its being returned to the court as afore- said, and if the parties agree to settle their dispute accordingly, said report need not be returned to court. Sec 12. The court to which any such report is made, may accept, reject or recommit the same for further consideration ; and the referees, upon any recommitment, shall appoint a time and place for a new hearing and give the parties notice thereof, and the proceedings thereupon shall be the same as in the original hear- ing. Sec 13. The court shall have the same cognizance of any such report of referees, as they would have if such report were made by referees appointed under a rule from said court in a case 428 REFEUENCKS. [tITLE XXIV. pending therein, and may render judgment and issue execution thereon. Sec. 14. The fees of the justice for making and taking the acknowledgment of such agreement shall be fifty cents, to be paid by the party making the demand, and charged in the bill of costs. The entry and all other fees shall be the same as in suits in the same court. Sec. 15. The referees may allow such costs as they may deem reasonable, unless restricted by the submission, and subject to the revision of the court for good cause shown. Sec. 16. In any case contained in the first section of this chap- ter, the parties may enter into an agreement to submit the same to referees as herein-before provided, and that the report of such referees shall be made to such justice and judgment by him ren- dered thereon, in which case the form of said agreement may be varied accordingly. The referees shall proceed in the manner and possess the same powers as is herein-before provided, and the justice, upon receiving such report, shall render judgment and issue execution thereon for damages and costs. Sec. 17. Any person may voluntarily appear before any justice of the peace in the county in which he resides, and confess that he is indebted to any other person in a sum not exceeding two hundred dollars, and consent that a record thereof be made and execution issue accordingly, or be stayed, as said parties shall agree ; and the justice shall make a fair record of such confession and agreement, which shall be signed by the debtor and the creditor or his agent, and shall enter up judgment and issue execu- tion thereon. Sec. 18. Every justice to whom any confession of debt or report of referees is made as aforesaid, shall keep a full and true record thereof, signed and certified by himself Sec. 19. Every execution issued by any justice as aforesaid, may be served in the same manner as if issued by the court of common pleas. CHAP. 211] FINES — PENALTIES — COSTS. 429 TITL.E XXV. OF FINES, FORFEITURES, COSTS AND RECOGNIZANCES. Chapter 211. Of fines, penalties, costs and recognizances. Chapter 212. Of forfeitures of personal property. CHAPTER 311. OF FINES, PENALTIES, COSTS AND RECOGNIZANCES. Section 1. Penalties and forfeitures, how recov- ered. 2. Penalties and forfeitures, how appro- priated. 3. Time of neglect, how reckoned. 4. Fines, how recovered. 5. Trial, where to be had. 6. Justice, when qualified to sit. 7. General issue may be pleaded, effect. 8. If private prosecutor neglects to pro- secute, how prosecuted. 9. Limitation of prosecutions. jSection 10. Witness not disqualified by interest. 11. If a penalty belongs to a town, suit, how brought. 12. Offender neglecting to perform his sentence, to be committed. 13. Fines, how to be appropriated. 14. Defendant, if guilty, to pay costs. 15. Expenses of prosecution allowed. 16. Upon forfeiture of recognizance, com- plainant indemnified. 17. Recognizances, how taken, and suits thereon. Section 1. All penalties and forfeitures may be recovered by action of debt before a justice of the peace, if such penalty or forfeiture do not exceed thirteen dollars thirty-three cents, other- wise before the court of common pleas, by any person who will sue for the same, unless otherwise provided by law. Sec. 2. Every such penalty and forfeiture shall be one half for the use of the county in which the offence is committed, the other half for the use of the prosecutor, iniless otherwise limited by law. Sec. 3. When any penalty shall be imposed by any law for any neglect for any period of time, such neglect may be alleged to have commenced at any specified time, and shall be reckoned from the time so alleged. Sec. 4. All fines imposed by any statute, may be recovered by information or indictment, if no other mode of recovery is specially provided. Sec 5. All actions, informations and indictments founded on any penal statute, shall be brought within the county in which the offence is committed, and not elsewhere. 430 FINES PKNALTIES COSTS. [ifTLE XXV. Sec. 6. In actions for the recovery of any penalty before any justice, it shall be no cause of exception that such justice resides or has property within the town in which the offence was commit- ted, or that the penalty or any part thereof may belong to such town. Sec. 7. The defendant in any such action may plead the general issue, and under it give any special matter in evidence. Sec 8. If a fine or forfeiture or any part thereof is given by any statute to any prosecutor, and no person shall prosecute there- for within the time limited by such statute, an information may be filed or an indictment be found therefor, within one year after sucli limitation shall expire, and the penalty shall accrue to tlie use of the county. Sec 9. All suits or prosecutions founded upon any penal statute, which are wholly or in part for the use of the prosecutor, shall be brought within one year, and all other suits or prosecutions on such statute, within two years after the commission of the oflence, un- less otherwise specially provided. Sec 10. No person shall be disqualified from being a witness on the trial of any such information or indictment, by reason of any interest wliich he may have in any penalty to be recovered therein. Sec 11. When any penalty or forfeiture or any part thereof shall be given to any town by any penal statute, the selectmen may sue therefor in the name of such town which shall be entitled to the benefit, and shall defray the expenses of such prosecution, and the selectmen may remit any such penalty or forfeiture. Sec 12. If any person sentenced under any penal statute, shall refuse or neglect to perform such sentence, he shall be committed to the connnon jail, there to be imprisoned until such sentence is performed, or he is discharged by due course of law. Sec 13. All fines arising in any manner, shall be for the use of the county, and shall be paid over to the treasurer thereof, unless otherwise specially appropriated. Sec 14. If, upon any complaint or prosecution before any court or justice, the defendant shall be ordered to pay a fine, enter into a recognizance or suffer any penalty, he shall also be ordered to pay costs of prosecution or such part thereof as justice may require. Sec 15. If any service shall be performed by any person by di- rection of any court or justice, or of the attorney general or soli- citor of the county, in bringing to justice any offender charged with a crime or high-handed misdemeanor, the justices of the court of common pleas shall allow a reasonable sum therefor, and draw their warrant for the same upon the treasurer of the county. Sec 16. If any recognizance shall be forfeited in any case in which, if such recognizor had been convicted, any sum miglit have been due to the complainant or any other person, the justices of the court of common )ileas may ascertain the just sum and costs CHAP. 212] FORFEITURES OF PROPERTY. 431 that might be due, and draw their warrant tlierefor upon the trea- surer of the county. Sec. 17. All recognizances shall be taken in the name of the State, and suits thereon may be brought and tried in the county in which they may be taken, unless the court, in their discretion, shall order the venue to be changed to some adjoining county. CHAPTER 913. OF FORFEITURES OF PERSONAL PROPERTY. Section 1. Seizure of property forfeited, how. 2. Libel to be filed, when and where. 3. Warrant thereon, how issued. 4. Notice of libel to be given. 5. Property may be sold, how. Section 6. Property appraised and restored, when 7. Mode of trial and decree. 8. Costs on trial, how allowed. 9. Appeal and proceedings thereon. Section 1. Where any personal property shall be forfeited for any violation of law, any sheriff, deputy sheriff, constable or any person by law authorized to seize the same, may take and retain such property until he shall deliver it to a proper officer having a warrant to detain the same. Sec. 2. The person making or directing such seizure, shall, with- out unnecessary delay, file a libel before a justice, if the property does not exceed in value thirteen dollars thirty-three cents, other- wise in the office of the clerk of the court of common pleas, stating the cause and praying for a decree of forfeiture. Sec. 3. Upon the filing before or after seizure of any libel for a forfeiture, a warrant shall be issued to the proper officer, requiring him to take such property into his custody and detain the same until legally disposed off. Sec. 4. Notice of such libel shall be issued by the court or jus- tice to the owner, if known, otherwise notice shall be published in some newspaper printed in the vicinity, that all persons interested may appear at the time and place appointed for trial, and show cause why a decree of forfeiture should not be passed. Sec. 5. If any person interested shall appear and claim such property, the same may be sold by consent of parties, or it may in any case be sold, upon examination and a certificate of its per- ishable or expensive character, in the same manner as property attached may be examined and sold. Sec. 6. If such claimant shall request it, such property shall be appraised in the same manner as property attached may be apprais- ed, and it shall be delivered to such claimant upon his giving bond 432 OFFENCES AGAINST THE STATE. [TITLE XXVI, to pay to the persons entitled thereto, the appraised vahie thereof and costs, in case a decree of forfeiture is made. Sec. 7. The case may be tried by a jury, if in the court of common pleas, upon the request of either party, otherwise by the court ; and the cause of forfeiture alleged, being proved, the court or justice who shall try the same, shall make a decree for the for- feiture and disposition of such property according to law. Sec. 8. Costs may be awarded to the libellant, if a reasonable cause of seizure appear, in which shall be included the necessary expenses of the seizure and detention of the property, otherwise reasonable costs and damages shall be awarded to the claimant. Sec. 9. An appeal may be claimed by either party from any de- cree made by a justice of the peace in the same manner as in civil actions ; and the like proceedings may be had therein as in case of libels originally filed in the court of common pleas. TITL.E XXVI. OF CRIMES AND PUNISHMENTS. Chapter 213. Of offences against the State. Chapter 214. Of offences against the life or person. Chapter 215. Of offences against property. Chapter 216. Of forgery aiid counterfeiting. Chapter 217. Of offences against public justice. Chapter 218. Of offences against the public peace. Chapter 219. Of offences against chastity, decency and morality. Chapter 220. Of offences against public policy. Chapter 221. General provisions concerning crimes. CHAPTER S13. OF OFFENCES AGAINST THE STATE. Section 1. Treason, how punished. 2. Misprision of treason punished. Section 3. Indictment to be found within 2 years. 4. Embezzlement by public officers. Section 1. If any person owing allegiance to this State, shall levy war or conspire to levy war against the same, or shall in any CHAP. -214.] OFFENCES AGAINST THE PERSO^^ 483 way give aid and comfort to the enemies of this State, and shall be thereof convicted, either upon confession in open court, or by the testimony of two or more witnesses to the same overt act of treason of which such person may be indicted, such person shall be adjudged guilty of treason, and shall be punished by solitary imprisonment not exceeding three years, and by confinement to hard labor for life. Sec. 2. If any person shall know that any other person has committed or is intending to commit treason, and shall not within fourteen days from the time of his having such knowledge, give information thereof to the governor or to^ some justice of the peace of this State, he shall on conviction thereof be adjudged guilty of misprision of treason, and shall be punished by confinement to hard labor not exceeding seven years, or by fine not exceeding two thousand dollars. Sec. 3. No person shall be tried for treason or misprision of treason, unless the indictment therefor be found within two years next after the commission of the offence. Sec. 4. If any public officer, being a receiver of public money under any law of this State, shall fraudulently convert the same to his own use, or pay or deliver the same to any person, knowing that such person is not entitled to receive the same, he shall be punished by confinement to hard labor not exceeding two years, or by imprisonment in the common jail not exceeding one year, and by fine not exceeding two thousand dollars. CHAPTER S14. OF OFFENCES AGAINST THE LIFE OR PERSON. Section 1. Murder, degree how determined. 2. On plea of guilty, how determined. 3. Punishment of murder. 4. " of manslaughter. 5. " of robbery. 6. " of rape. 7. " of maiming. Section 8. Assault with intent to kill, rob, &c., how punished. 9. Concealing birth of cliild, punish- ment. 10. On indictment for murder may be found guilty of a less offence. 11. Punishment of kidnapping. Section 1. All murder committed by poison, starving, torture or other deliberate and premeditated killing, or committed in the per- petration or in the attempt at the perpetration of arson, rape, robbe- ry or burglary, is murder of the first degree ; and all murder not of the first degree is of the second degree. If the jury shall find 55 434 OFFENCES AGAINST THE PERSON. [TITLE XXVI. any person guilty of murder, they shall also find by their verdict whether it is of the first or second degree. Sec. 2. If any person shall plead guilty to an indictment for murder, the court having cognizance thereof, shall determine the degree. Sec. 3. The punishment of murder in the first degree shall be death, and the punishment of murder in the second degree shall be solitary imprisonment not exceeding three years, and confine- ment to hard labor for life. Sec. 4. If any person shall be guilty of manslaughter, he shall be punished by fine not exceeding one thousand dollars, or by fine not exceeding five hundred dollars, and imprisonment in the com- mon jail not exceeding one year, or by solitary imprisonment not exceeding six months, and confinement to hard labor for life or for a term not less than one year, according to the aggravation of the offence. Sec. 5. If any person by assault, or by violence and putting in fear shall feloniously steal, rob and take from the person of an- other, any money, goods, chattels, or other property which is the subject of larceny, he shall be punished by solitary imprisonment not exceeding six months, and bv confinement to hard labor for life. Sec 6. If any person shall ravish and carnally know any wo- man, committing carnal copulation with her by force against her will, or if any man shall unlawfully and carnally know and abuse any woman child under the age of ten years, he shall be punished by solitary imprisonment not exceeding six months, and by con- finement to hard labor for life. Sec. 7. If any person, with intent to maim or disfigure, shall maliciously cut off an ear, cut out or maim the tongue, put out an eye, cut off or slit the nose or lip, or cut ofi" or disable any limb or member of any person, he shall be punished by solitary imprison- ment not exceeding six months, and by confinement to hard labor for a term not less than one year nor more than twenty years. Sec 8. If any person shall make an assault upon another with intent to commit any crime described in this chapter, the punish- ment whereof may be death or confinement to hard labor for life, or shall attempt to commit any such crime by any means not con- stituting an assault, he shall be punished by solitary imprisonment not exceeding six months, and by confinement to hard labor for a term not less than one year nor more than ten years. Sec 9. If any woman shall be privately delivered of a child, which if born alive would be a bastard, and shall endeavor pri- vately to conceal its death, and the manner or cause thereof, she shall be punished by confinement to hard labor not exceeding two years, or imprisonment in the common jail not exceeding two years, or by fine not exceeding two thousand dollars. Sec. 10. The murder of such child and the oft'ence described CHAP. 215.J OFFENCES AGAliNST PROPERTY. 435 in the preceding section, may be charged in the same indictment, and the person accused may be found guihy of either offence as the evidence may warrant. Sec. 11. If any person, without lawful authority, shall forcibly or secretly confine or imprison any other person within this State against his will, or shall .forcibly carry or send such person out of the State, or shall forcibly seize, inveigle or kidnap any person, with intent either to cause such person to be sent out of the State against his will, or to be sold or in any way held to service against his will, he shall be punished by confinement to hard labor not exceeding ten years. CHAPTER 315. OF OFFENCES AGAINST PROPERTY. Section 1. Arson, how punished. 2. Burning other buildings, punishment. 3. Placing obstructions on railroads, how punished. 4. Burning grain, lumber, &c., punish- ed. 5. Burglary, how punished. 6. " in second degree, punished. 7. Breaking, &c., office, in night time. 8. " or entering any building in night, or breaking and entering in day time. 9. Larceny in building, punishment. 10. Maiming cattle to injure owner. Section 11. Larceny from the person, punished. 12. " of horse, &c., punished. 13. Larceny to the value of $20-00. 14. " of less value than $20-00. 15. " of deeds, papers, &c. 16. Receiving or concealing stolen pro- perty, how punished. 17. Owner to have judgment for value. 18. Malicious mischief punished. 19. Fraudulent conveyance of property. 20. " receipt of property. 21. If property under $100-00, punish- ment in such case. 22. Fine in such case, how appropriated. Section 1. If any person shall wilfully and maliciously burn any dwelling house, or any out building adjoining thereto, or any building whereby any dwelling house shall be burned, he shall be punished by solitary imprisonment not exceeding six months, and by confinement to hard labor for life or for a term not less than seven years. Sec. 2. If any person shall wilfully and maliciously burn any vessel lying within the body of any county, or any bridge, or any building other than those described in the preceding section, he shall be punished by solitary imprisonment not exceeding six months, and by confinement to hard labor for a term not less than two years nor more than twenty years. Sec. 3. If any person shall wilfully and maliciously place any obstruction on the track of any railroad, or remove any rail there- 436 OFFENCES AGAINST PROPERTY. [tITLE XXVI. from, or in any way injure such railroad, or do any other thing thereto whereby the life of any person may be endangered, he shall be punished by solitary imprisonment not exceeding six months, and by confinement to hard labor for life or for a term not less than two years. Sec. 4. If any person shall wilfully and maliciously burn any stack of corn, hay, grain or flax, or any fence, or any pile of boards, lumber or wood, or any trees or underwood of another, he shall be punished by confinement to hard labor for a term not less than one year nor more than three years, or by fine not exceeding one thousand dollars, and imprisonment in the common jail not exceeding one year. Sec, o. If any person shall in the night time break and enter any dwelling house, with intent to commit any crime the punish- ment whereof may be death or confinement to hard labor for life, he shall be punished by solitary imprisonment not exceeding six months, and by confinement to hard labor for life or for a term of not less than fiv^e years. Sec G. If any person shall in the night time break and enter any dwelling house, with intent to commit any other crime the punishment whereof may be confinement to hard labor, or to com- mit any larceny, he shall be punished by solitary imprisonment not exceeding sixty days, and by confinement to hard labor not less than three years nor more than ten years. Sec. 7. If any person, with intent to commit any crime the punishment whereof may be confinement to hard labor, or to com- mit larceny, shall in the night time break and enter any office, bank, shop, store, or warehouse or any vessel lying within the body of any county, he shall be punished by confinement to hard labor for a term not less than three years nor more than ten years. Sec S. If any person, with intent to commit any crime the punishment whereof may be confinement to hard labor, shall in the night time either break or enter, or in the day time break and enter any building or any vessel lying within the body of any county, he shall be punished by confinement to hard labor for a term not less than one year nor more than seven years. Sec. 9. If any person shall in the night time break or enter, or in the day time break and enter any dwelling house or outhouse adjoining thereto, any oflice, bank, shop, store, warehouse or mill, any meeting house, court house, town house, college, academy, school house or other building erected for the public use, or any vessel lying within the body of any county, and shall therein com- mit lai'ceny, he shall be punished by confinement to hard labor [for a term] not exceeding five years. Sec 10. If any person shall wilfully and maliciously kill, maim, wound, poison or disfigure any horse, cattle, sheep or swine of another, with intent to injure their owner or any other person, he shall be punished by confinement to liard labor not less than one OHAP. 215.J OFFEISCES AGALXST PROPERTY. 437 year nor more than three years, or by fine not exceeding one thousand dollars, and imprisonment in the common jail not ex- ceeding one year. Sec. 11. If any person shall commit any larceny from the per- son of another, he shall be punished by confinement to hard labor not less than three years nor more than seven years. Sec. 12. If any person shall steal, take and carry away any horse, mule, cattle, sheep or swine, the property of another, he shall be punished by confinement to hard labor not less than three years nor more than seven years. Sec 13. If any person shall steal, take and carry away of the property of another any money, bank bills, goods, or chattels or any writing containing evidence of any existing debt, contract, liability, promise or ownership of property, of the value of twenty dollars or of the receipt, payment or discharge of the like amount, or any Avriting of a like kind, which together shall contain the like evi- dence, he shall be punished by confinement to hard labor for a term not less than two years nor more than five years. Sec 14. If any person shall steal, take and carry away any property of another, such as is described in the preceding section, of a less amount or value than twenty dollars, he shall be punished by imprisonment in the common jail not exceeding one year, and by fine not exceeding one hundred dollars, and shall be further sentenced to pay to the owner treble the value of the property so stolen, deducting from such treble value the value of any part of said property which may be returned. Sec 15. If any person shall steal, take and carry away any deed or other writing importing to contain the conveyance, release or defeasance of any title to or interest in any real estate, or any will, policy of insurance, bill of sale of any vessel, or letter of attorney, or any writ, process or record of any court of this State, or any public record or any record of any corporation, public or private, he shall be punished by confinement to hard labor for a term not less than two years nor more than five years. Sec 16. If any person shall receive or conceal any property stolen as aforesaid, knowing the same to have been so stolen, he shall be punished in the same manner as if he had so stolen the same, and either before or after the conviction of the principal felon. Sec 17. If any person shall be convicted of stealing, or of re- ceiving or concealing any property stolen as aforesaid, excepting in cases where the treble value of the property is awarded, the owner of such property, upon such conviction, shall have judgment and execution in common form against such convict for the value thereof, deducting the value of such pai't as may be returned. If said convict shall be committed to jail upon such execution, he shall have the same relief as if it had issued upon a judgment re- covered in an action of trespass. 488 FORGING AND COUNTERFEIIING, [tITLE XXVI. Sec. 18. If any person shall wilfully and maliciously commit any act whereby any tree placed or grownig for ornament or use in any garden, yard, street, square, or other place, or whereby the real or personal estate of another shall be injured, such person shall be punished by imprisonment in the common jail for a term not less than thirty days nor more than one year, or by fine not ex- ceeding one hundred dollars, or by both of said punishments, in the discretion of the court. Sec. 19. If any person shall fraudulently mortgage, pledge, sell, alienate or convey any of his real or personal estate amounting in value to the sum of one hundred dollars, or shall fraudulently con- ceal his personal estate of that value, to prevent the attachment or seizure of the same upon mesne process or execution, he shall be jDunished by imprisonment not less than thirty days nor more than one year, or by fine not exceeding double the value of such estate, or by both of said punishments. Sec. 20. If any person shall fraudulently receive any such mort- gage, pledge or conveyance, or shall conceal the property of any debtor of that value, with intent to prevent such attachment or seizm-e, ho shall be punished in the manner provided in the prece- ding section. Sec. 21. If any person shall be guilty of any act described in the two preceding sections, where the property is of less value than one hundred dollars, he shall be punished by imprisonment not less than ten days nor more than six months, or by fine not exceeding double the value of such property, or by both of said punishments. Sec. 22. In the cases mentioned in the three preceding sections, the fine shall be the one half for the use of the complainant, and the other half to the use of the county. CHAPTER SI 6. OF FORGERY AND COUNTERFEITING. Section 1. Forgery defined and punished. 2. Passing or using such forged papers. 3. Forger}^ in other cases punished. 4. Counterfeiting bank bills, punishment. 5. Passing counterfeit bills, punishment. 6. Engraving plates, &c., for counter- feiting, how punished. Section 7. Evidence of charter, what is. 8. Counterfeiting coin, punishment. 9. Passing counterfeit coin, how pun- ished. 10. Engraving moulds, «fcc., for counter- feiting, how punished. Section 1. If any person shall falsely make or counterfeit, or fraudulently alter any i>ublic record, any writ, process or proceeding CHAP. 21G.] FORGING AND COUNTERFEITING; > 489 of any court of this State ; any certificate or attestation of a justice of the peace, notary pubhc, clerk of any court, town clerk or other public officer, in any matter wherein such certificate or attestation may be received as legal proof; any charter, deed, will, bond, or writing obligatory, letter of attorney, policy of insurance, certificate of stock, bill of exchange, promissory note, order, acquittance, dis- charge for money or property ; any acceptance of a bill of exchange, or any endorsement or assignment of any bill of exchange or pro- missory note ; any certificate or accountable receipt for money or property ; any warrant, order or request for the payment of money, or the delivery of any property or writing of value ; or any writing whatever, purporting to contain evidence of the existence or dis- charge of any debt, contract or promise ; Avith intent that any per- son may be defrauded, he shall be punished by solitary imprison- ment not exceeding six months, and by confinement to hard labor not less than three years nor more than seven years. Sec. 2. Every person who shall pass or use, or offer to pass or use, as true, any such counterfeited or altered writing, mentioned in the preceding section, knowing the same to be such, with intent that any person should be defrauded, shall be punished in the man- ner specified in the preceding section. Sec. 3. If any person shall falsely make or counterfeit or alter any writing, not included in the first section, or shall knowingly use the same with intent that and whereby any person may be defrauded, he shall be punished by confinement to hard labor not exceeding three years. Sec. 4. If any person shall falsely make or counterfeit, or shall fraudulently alter any bank bill or note purporting to be issued by any bank, with intent that any person may be defrauded, he shall be punished by solitary imprisonment not exceeding six months, and by confinement to hard labor not less than five years nor more than twenty years. Sec 5. If any person shall pass or ofl'er to pass, as true, or shall bring into this State or have in his possession or custody any such false, counterfeited or altered bank bill or note described in the preceding section, knowing the same to be so false, counterfeited or altered, with intent that any person may be defrauded, he shall be punished by solitary imprisonment not exceeding four months, and by confinement to hard labor not less than two years nor more than five years. Sec. 6. If any person shall make, mend or engrave or begin to make, mend or engrave any plate, block, press or other tool or in- strument, or shall make or provide any paper or other material, adapted or designed for forging or making any such false, counter- feited or altered bank bills or notes described in the two preceding sections, or shall have in his possession any such plate, block, press, tool, instrument, paper or material adapted or designed as aforesaid, with intent to use the same, or cause or permit the same to be used 440 OFFENCES AGAINST PUBLIC JUSTICE. [TITLE XXVI. ill forging or making such false and counterfeit bank bills or notes, he shall be punished by solitary imprisonment not exceeding four months, and by confinement to hard labor not less than two years nor more than five years. Sec. 7. Upon the trial of any indictment under the three sec- tions preceding, evidence that bills or notes purporting to be issued by any bank, are commonly received as currency, or other proof of the existence of any bank or banking company therein described, shall be competent evidence for the jury of its legal establishment and existence. Sec. 8. If any person shall make any false coin in imitation of any gold or silver coin current within this State by law or usage, he shall be punished by solitary imprisonment not exceeding six months, and by confinement to hard labor not less than four years nor more than ten years. Sec. 9. If any person shall pass or offer to pass, as true, or shall bring into this State or have in his possession any false and coun- terfeit coin described in the preceding section, knowing the same to be so false and counterfeit, and with intent that any person may be defrauded, he shall be punished by solitary imprisonment not exceeding four months, and by confinement to hard labor not less than two years nor more than five years. Sec 10. If any person shall cast, stamp, engrave, make or mend, or begin to cast, stamp, engrave, make or mend, or shall have in his possession, any mould, pattern, die, punch, engine, press, tool or other instrument adapted or designed for making false and counter- feit coin, in imitation of any gold or silver coin current within this State by law or usage, with intent that the same may be so used, he shall be punished by solitary imprisonment not exceeding four months, and by confinement to hard labor not less than two years nor more than five years. CHAPTER S17. OF OFFENCES AGAINST PUBLIC JUSTICE. Section 1. Perjury, the offence and punishment. 2. False swearing constittites perjury. 3. Subornation of perjury. 4. Indictment for perjury and suborna- tion of perjury. 5. Obstructing officer or rescuing prison- er charged with a minor offence. 6. Obstructing oificcr or rescuing prison- er charged with infamous crime. Section 7. Obstructing officer or rescuing prison- er charged with capital offence. 8. Obstructing officer or rescuing prison- er in other cases. 0. Aiding attempt of prisoner to escape, without any escape, how punislied. 10. Conveying tools to convict punished. 11. Aiding escape of prisoner confined for debt, how punished. CHAP. 217] OFFENCES AGAINST PUBLIC JUSTICE. 441 Section 12. Aiding escape of prisoner for any offence not capital. 13. Aiding escape of prisoner confined for capital offence. 14. Suffering voluntarily the escape of any prisoner. Section 15. Suffering negligently the escape of any prisoner. 16. If such prisoner is returned, punish- ment how remitted. 17. Falsely personating officer, penalty. 18. Town clerk making false record or return, penalty. Section 1. If any person, being on oath or affirmation, in any- legal proceeding before any court, justice of the peace, referee, ar- bitrator, auditor or other person authorized by law to administer such oath or affirmation, shall commit perjury, he shall be punished by solitary imprisonment not exceeding four months, and by con- finement to hard labor not less than two years nor more than five years. Sec. 2. If any person in regard to any matter or thing wherein he is required by law to make oath or affirmation, shall wilfully swear or affirm falsely, he shall be deemed guilty of perjury, and punished accordingly. Sec 3. If any person shall corruptly procure or attempt to pro- cure another to commit perjury, he shall be punished in the same manner as for the crime of perjury. Sec. 4. In every prosecution for perjury or subornation of per- jury, it shall be sufficient to set forth the offence charged, before what court or person such oath or affirmation was taken, and that such court or person had competent authority to administer the same, with proper averments to falsify the matter wherein the perjury is assigned, without setting forth, otherwise than as afore- said, any record or other proceeding in law or in equity, or the commission or authority of such court or person before whom the perjury was committed. Sec. 5. If any person shall wilfully assault or obstruct any offi- cer or other person duly authorized, in the service of any lawful process or order in any civil case or in any criminal case, the punishment of which is imprisonment in the common jail and fine or either, or shall rescue or attempt to rescue any prisoner lawfully arrested in any such case, he shall be punished by confinement in the common jail not exceeding one year, and by fine not exceed- ing three hundred dollars. Sec 6. If any person shall wilfully assault or obstruct any offi- cer or other person duly authorized, in the service of any criminal process for any offence punishable by confinement to hard labor for a term of years, or shall rescue or attempt to rescue any prisoner lawfully arrested in any such case, he shall be punished by con- finement to hard labor not exceeding one half of such term, or by imprisonment in the common jail not exceeding two years, or by a fine not exceeding five hundred dollars, or by both of the two last. 56 442 OFFENCES AGAINST PUBLIC JUSTICE. [TITLE XXVJ. Sec. 7. If any person shall wilfully obstruct or assault any offi- cer or other person duly authorized, in the service of any criminal process for any offence puuishable by death or confinement to hard labor for life, or shall rescue or attempt to rescue any prisoner law- fully arrested in such case, he shall be punished by confinement to hard labor not exceeding ten years, or by imprisonment in the common jail not exceeding two years, and fine not exceeding five hundred dollars. Sec. 8. If any person shall wilfully obstruct or assault any offi- cer or person duly authorized, in the discharge of any duty of his office in any case not included in the preceding sections, he shall be punished by imprisonment in the common jail not exceeding six months, or by fine not exceeding one hundred dollars. Sec. 9. If any person shall convey any tool or other thing into any place of confinement, or aflbrd aid in any manner, with intent that any prisoner may escape therefrom, but without any escape, he shall be punished by imprisonment in the common jail not exceeding one year, and by fine not exceeding five hundred dollars. Sec. 10. If any person shall convey any tool, weapon or other thing to any prisoner convicted of any offence punishable by death or confinement to hard labor, or into any place of confinement, with intent to aid any such convict to escape, he shall be punished by solitary imprisonment not exceeding six months and by confine- ment to hard labor not exceeding ten years, or by fine not exceed- ing five hundred dollars. Sec. 11. If any person shall aid in any manner in the escape of any prisoner committed to any place of confinement for debt, he shall pay such debt and be imprisoned in the common jail not exceeding one year. Sec. 12. If any person shall aid in any manner in the escape of any prisoner committed, before or after conviction, to any place of confinement, for any criminal offence not capital, he shall be liable to the same punishment to which such prisoner was or would have been liable, or to imprisonment in the common jail not exceeding one year, and fine not exceeding two thousand dollars. Sec. 13. If any person shall in any maimer assist in the escape of any prisoner committed, before or after conviction, to any place of confinement, for any capital offence, he shall be punished by confinement to hard labor for life or any term of years. Sec. 14. If any person having the custody of any prisoner arrested or committed for debt or crime, shall voluntarily permit his escape, he shall be punished in the same manner prescribed in the three preceding sections, for aiding in the escape of a prisoner committed for like cause. Sec. 15. If any person having the custody of any prisoner CHAP. 218.] OFFENCES AGAINST PUBLIC PEACE. 443 arrested or committed for crime, shall negligently sutfer his escape, he shall be fined not exceeding five hundred dollars. Sec. 16. If any person guilty of the offence described in either of the five preceding sections, shall, within six months after any such escape of any prisoner, recover and return such prisoner to the place of confinement from which he escaped, cases of rescue excepted, he shall be liable to such fine as the court may order, and imprisonment shall be remitted. Sec. 17. If any person not being a sherifl", deputy sheriff or other officer whose duty it is to keep the peace or apprehend per- sons for violating the same, shall falsely pretend to be or shall assume to act as such, or to require any other person to aid or assist him in any matter or thing belonging to the duty of a sheriff, deputy sheriff or other officer as aforesaid, he shall be punished by fine not exceeding three hundred dollars, one half to the use of the county, the other half to the prosecutor. Sec 18. If the clerk of any town or place shall wilfully and corruptly make a false record of any vote or other proceeding in any legal town meeting, or any false copy of any record, or any false certificate or return of votes, he shall be punished by solitary imprisonment not exceeding six months, and by confinement to hard labor not less than two years nor more than five years. CHAPTER 218. OF OFFENCES AGAINST THE PUBLIC PEACE. Section 1. Assault and battery, powers of justice. 2. " " " if aggravated. Sectlon 3. Riots, proclamation to be made, how. 4. Penalty for disobedience of rioters. Section 1. If any person shall assault or beat another or in any way break the peace, upon complaint and conviction thereof before any justice, he shall be fined not exceeding ten dollars, or impris- oned not exceeding thirty days, and shall also recognize with suffi- cient surety or sureties, to keep the peace and be of good behavior until the next term of the court of common pleas to be holden in the county. Sec 2. If such offence is of an aggravated nature, the justice may order such offender to recognize, with sufficient surety or sure- ties, to appear at the court of common pleas next to be holden in the county, and on conviction of such offender before said court, he may be punished by fine not exceeding two hundred dollars, and imprisonment not exceeding six months, or by either of said punishments. 444 OFFENCES AGAIxNST PUBLIC MORALS. [XITLE XXVI. Sec. 3. If any persons shall be unlawfully, riotously and tumult- uously assembled, any justice, sheriff or his deputy, or any consta- ble shall approach the rioters as near as he can with safety, and command silence while proclamation is being made, and shall then make proclamation in these or like words : — " In the name of the State of New Hampshire, every person here assembled is com- manded to disperse immediately, and depart peaceably to his home or lawful employment." Sec. 4. If any person shall continue so unlawfully, riotously and tumultuously assembled after proclamation made by such peace officer as aforesaid, or shall wilfully obstruct or assault such officer known or openly declared by himself to be such, in making such proclamation, he shall be punished by fine not exceeding one thousand dollars, and by imprisonment in the common jail not exceeding one year. CHAPTER 31tf. OF OFFENCES AGAINST CHASTITY, DECENCY AND MORALITY. Section 1. Adultery, how punished. 2. If either unmarried, punishment. 3. Lewdness, &c., how punished. 4. Fornication, how punished. 5. Cohabiting if husband or wife alive, how punished. 6. Punishment in such case excused. Section 7. Incest defined and punished. 8. Blasphemy defined and punished. 9. Profane swearing punished. 10. Digging up dead body, punished. IL Injuring tombs, &c., punished. 12. Cruelty to animals punished. Section 1. If any person shall commit the crime of adultery, such person shall be punished by imprisonment in the common jail not exceeding one year, and fine not exceeding five hundred dollars. Sec. 2. If any married man or woman shall commit an act, or have a connection with an unmarried person, which would consti- tute adultery, if both were married, such married woman or the man so off'ending, shall be guilty of adultery and punished accord- ingly. Sec 3. If any man or woman shall be guilty of open, gross lewdness, or lascivious behavior, such person shall be punished by imprisonment in the common jail not exceeding six months, and a fine not exceeding two hundred dollars, and shall also recog- nize, with sufficient sureties, to be of good behavior for a term not exceeding three years. Sec 4. Any person who shall be guilty of fornication, shall be punished by fine not exceeding fifty dollars, or imprisonment in CHAP. 219.] OFFENCES AGAINST I'UBLIC iMORALS. 445 the common jail not exceeding six months ; but no person shall be so convicted solely upon the testimony of a partner in guilt. Sec. 5. If any person having a husband or wife alive, shall mar- ry or cohabit with any other person, such person so marrying or cohabiting, shall, except in the cases specified in the following sec- tion, be punished as in case of adultery. Sec. 6. The provisions of the preceding section shall not ex- tend to any person whose husband or wife shall be absent, and not heard of or from for the space of three years together, or shall be reported and generally believed to be dead, or to any person legal- ly divorced, or where the former marriage took place within the age of consent. Sec 7. All persons, being within the degrees of consanguinity or affinity, in which marriages are prohibited or declared by law to be incestuous, who shall intermarry with or carnally know each other, shall be punished as in case of adultery. Sec 8. If any person shall openly deny the being of a God, or wilfully blaspheme the name of God, Jesus Christ or the Holy Ghost, or shall curse or reproach the word of God contained in the canonical books of the old and new testaments, he shall be fined not exceeding two hundred dollars, and may be holden to recog- nize, with sureties, for his good behavior for a term not exceed- ing one year. Sec 9. If any person shall profanely curse or swear, he shall be fined one dollar for such offence, and for any offence subsequent to such conviction, double said sum, and in default of payment of any such fine shall be committed to the house of correction for a space not exceeding ten days ; but no prosecution shall be sustain- ed, unless commenced within ten days after the commission of the offence. Sec 10. If any person not authorized by the selectmen, over- seers of the poor, or a justice of the peace of the town, or by any law, or by a relative or friend for the purpose of reinterment, shall dig up, remove or convey away any human body or the remains thereof, or shall conceal the same, knowing it to have been so illegally dug up, he shall be punished by confinement to hard labor not exceeding one year, or by fine not exceeding two thousand dollars, and by imprisonment in the common jail not exceeding one year. Sec 11. If any person shall wrongfully destroy, mutilate, de- face, injure or remove any tomb, monument, grave stone or other structure in any place used or intended for the burial of the dead, or any fence, railing or curb for the protection of any such struc- ture, or any enclosure for any such place of burial, or shall wrong- fully injure, cut, remove or destroy any tree or shrub growing within any such enclosure, he shall be punished by imprisonment in the common jail not exceeding six months, or by fine not ex- ceeding five hundred dollars, or by both of said punishments. 416 OFFENCES AGAINST PUBLIC POLICY. [xiTLE XXVI. Sec. 12. If any person shall wilfully and maliciously kill, maim, beat or wound any horse, cattle, sheep or swine, he shall be pun- ished by fine not exceeding one hundred dollars, or by imprison- ment not exceeding ninety days, or by both of such punishments. CHAPTER S20. OF OFFENCES AGAINST PUBLIC POLICY. Section 1. Lotteries forbidden and punished. 2. Selling lottery tickets, &c., punished. 3. Gaming house, penalty for keeping. Section 4. Winning over $5'00, punishment. 5. " under $o'00, punishment. Section 1. If any person shall make or put up any lottery, or sliall dispose of any estate, real or personal, by lottery, he shall be fined not exceeding five hundred dollars, nor less than fifty dollars. Sec. 2. If any person shall sell, dispose of, ofler or keep for sale any ticket or part thereof in any lottery, or shall print or publish an account thereof, or of the place where or person by whom any ticket therein or any part of such ticket is kept for sale, or to be otherwise disposed of, he shall be fined not exceeding one hundred dollars, nor less than twenty-five dollars. Sec. 3. If any person shall keep any gaming house or place, and shall suffer and permit any person to play at cards, dice, bil- liards, or at any bowling alley or any game whatever therein, for money, hire, gain or reward, or to bet on the hands or sides of such as are so playing, such person shall be punished by a fine not less than ten dollars, nor more than two hundred [dollars,] or by imprisonment in the county jail not exceeding one year. Sec. 4. Every person who shall be convicted of winning at any one time or sitting, by gaming or by betting on the sides or hands of such as are gaming, any money or goods to the value of five dollars or more, and of receiving the same or any security therefor, shall forfeit to the use of the town where the ofience shall have been committed, double the value of the money or goods so won and received. Sec. 5. Every person who shall be convicted, on complaint be- fore a justice, of winning as aforesaid, any money or goods of less value than five dollars and of receiving the same or any security therefor, shall forfeit to the use of the town where such offence is committed, not less than two dollars nor more than ten [dollars.] V3 CHAP. 221.] CRIMES — GENERAL PROVISIONS. 447 CIS AFTER StSa. GENERAL PROVISIONS CONCERNING CRIMES. Section 1. Accessories, how punished. 2. Attempt to commit capital offence. Section 3. Attempt to commit offence not capital. 4. " by hiring, «fcc., punished. Section 1. If any person shall aid in, counsel, hire or procure the commission of any offence, or shall be accessory thereto before or after the fact, he shall be punished in the same manner as the principal offender, and may be tried and convicted thereof, either before or after the conviction of the principal offender. Sec. 2. If any person shall attempt the commission of any of- fence which may be punishable by confinement to hard labor for life, he shall be punished by solitary imprisonment not exceeding six months, and confinement to hard labor not exceeding ten years nor less than one year. Sec. 3. If any person shall attempt the commission of any other offence, he shall be liable to a punishment not exceeding one half of that which may be inflicted for the commission of the same offence. Sec. 4. If any person shall attempt t?ie commission of any offence by the counsel, hiring or procurement of any other person, the person so coimselling, hiring or procuring such attempt, shall be pimished in the same manner as the person making such attempt. 448 CRIMINAL JURISDICTION OF JUSTICES. [TITLE XXVII. TITL.E XXVII. OF PROCEEDINGS IN CRIMINAL CASES. Chapter 222. Of criminal jurisdiction of justices of the peace. Chapter 223. Of fugitives from justice. Chapter 224. Of coroners' inquests. Chapter 225. Of proceedings in criminal cases. CHAPTER 322. OF CRIMINAL JURISDICTION OF JUSTICES OF THE PEACE. Sec 1. TION Jurisdiction of justices. Appeals allowed to court of common pleas, how. OfFenders, when to be committed. Copy of complaint, &c., to be made and lodged in court. Witnesses to be recognized. Refusing to recognize, committed. Examination may be postponed. Justice may apprehend on view, when. Justice may bind over to Tieep the peace. Section 10. Proceedings to be on complaint. 11. Fines, &c., to be paid over, how. 12. Search warrants in day time. 13. Search warrants in night time. 14. Justice may authorize disinterment. 15. Fugitives from justice, complaint. 16. " how arrested and remanded. 17. Justice throughout the State, powers. 18. Proceedings before such justice. 19. Officers, their powers on warrants. 20. Recognizances forfeited, proceedings thereon. 21. Costs on prosecutions, how paid. Section 1. Every justice is authorized to hear and determine prosecutions and actions of a criminal nature, arising within his county, where the punishment is by fine not exceeding ten dollars, and to issue a warrant to carry his judgment into effect in case no appeal is taken. Sec. 2. Any person sentenced by a justice as aforesaid for any offence, may appeal from such sentence to the next court of com- mon pleas to be holden in the same county, but such appeal must be claimed at the time of declaring the sentence ; and the appel- lant shall enter into recognizance, with sufficient sureties, in a rea- sonable sum not exceeding one hundred dollars, for his appearance at said court, and to prosecute his appeal with effect, and to abide the order of court thereon, and in the mean time to be of good behavior ; otherwise such appeal shall not be granted. Sec. 3. Any justice may cause to be apprehended and committed to jail, or bound over, with sufficient sureties, for trial by the court CHAP. 222] CRIMINAL JURISDICTION OF JUSTICES. 449 of common pleas in such county, all persons charged with offences committed in such county, exceeding his jurisdiction to try. Sec. 4. In the cases mentioned in the two preceding sections, the justice shall make out a certified copy of the process and records in the cause, and file the same with the clerk of said court on or before the first day of the next term thereof. Sec 5. Whenever any justice shall commit or bind over any person for trial as aforesaid, he shall take the recognizance of all necessary witnesses who appear before him, for their appearance at said court of common pleas, in such sum as he may think reason- able. Sec. 6. If any person, upon being ordered by any justice to re- cognize, shall neglect or refuse so to do, the justice may issue his warrant, and order such person to be committed to jail until he comply with such order. Sec 7. When any person is brought before any justice, charged with any offence, said justice may postpone the examination there- of, if necessary, to some future time, and may take the recogni- zance of the parties and witnesses, for their appearance at the time and place to which such examination is postponed. Sec 8. Every justice upon the view of any breach of the peace, or other transgression of law proper for his cognizance, or when ne- cessary for the preservation of the peace, may command any officer or other person to bring before him any such offender, to be kept until complaint can be made against him, and may order such of- fender to find sureties to keep the peace, until the next term of the court of common pleas in the said county. If any person shall refuse to obey any such command, he shall be subject to the same penalty as for disobeying an officer. Sec. 9. Any justice may order any person arrested for a crimi- nal offence, or against whom a complaint under oath has been made by any other person fearing injury to his person or pro- perty, to find sureties to keep the peace until the next term of the court of common pleas for the same county, and to pay costs of prosecution, and may commit such person for neglect thereof. Sec 10. All proceedings before a justice shall be on complaint duly signed and sworn to before some justice, Avho shall issue his warrant thereon. Sec 11. Every justice shall pay over to the town or county to which any fine or forfeiture accrues, every such fine or forfeiture by him received, within six months after the receipt of the same, or to the person to whom the same is payable, on demand, and on default thereof shall forfeit double the amount thereof to any per- son who will sue therefor. Sec 12. Any justice, upon complaint on oath made by any per- son, that he suspects that any personal property stolen, embezzled or falsely obtained, or any oftender or the subject matter of any offence, is concealed in any place or in one of several places there- 57 450 CRIMINAL JURISDICTION OF JUSTICES. [TITLE XXVII. in specified, may grant a warrant for searching such place or places in the day time. Sec. 13. Upon like complaint and satisfactory evidence that any such property or thing, or any criminal is concealed in any par- ticular house or place, and may escape or be removed before day, such justice may grant a warrant for searching such house or place in the night time. Sec. 14. Any justice, upon complaint made on oath by any person, setting forth that he has reasonable grounds for suspecting that any deceased person who has been interred, came to his death by some unlawful means, may issue his warrant requiring that such body shall be disinterred and examined, and may summon and examine witnesses in relation to the truth of such complaint. Sec. 15. When any person against whom a warrant is issued, for an alleged offence committed in any county in this State, shall not be found in such county, but shall be found in some other county in this State, any justice of the county in which such offender is found, upon application made to him, and proof that such warrant issued from lawful authority, shall issue his warrant directed to all proper officers in his county, directing them to arrest such offender, and convey him to some justice in and for the coun- ty from which such warrant issued, for examination, or deliver him to the sheriff or his deputy of such county, to be by him conveyed to such justice for the purpose aforesaid. Sec 16. Any such ofiender may be arrested in any county in this State, by any officer to whom such warrant was originally directed, and carried before any justice in and for such county, who, upon proof that such process was duly issued, shall, by his warrant directed to such officer, send such offender into the county in which such original warrant issued, for examination according to law. Sec. 17. Any justice of the peace throughout the State may receive a complaint for an offence committed in any county in this State, and may issue his warrant thereon, directed to the sheriff of any county in this State or his deputy, or any proper officer, authorizing such officer to apprehend such offender, and to bring him before such justice or some justice in and for the county in which the offence was committed, for examination. Sec 18. Such justice may order such offender to recognize, with sufficient sureties, to appear at the court of common pleas next to be holden in and for the county in which the offence was committed, and to answer to said complaint, and to abide the order of court thereon, or may commit such offender to the jail in such county, as is herein-before provided. Sec. 19. If any precept is directed to any officer by any justice, and, in the execution thereof, it shall be necessary for such officer to pass through any town or county, in which such officer has no general authority to act, such officer may pass and convey any CHAP. 223.] FUGITIVES FROM JUSTICE, 451 offender through such town or county, and shall be entitled to all the rights and subject to all the liabilities of an officer within such limits. Sec. 20. If any person under recognizance to appear before any justice, shall fail to appear accordingly, or to abide the order of such justice, the justice shall make a record thereof and declare said recognizance to be forfeited, and shall file a copy of such recognizance, and record of forfeiture thereon, with the clerk of the court of common pleas in such county, on or before the first day of the next term of said court. Sec. 21. All legal costs attending the arrest, examination or con- veyance of any offender, shall be paid by the complainant, unless the same is directed by the counsel for the State, or allowed by the court of common pleas. CHAPTER S23. OF FUGITIVES FROM JUSTICE. Section 1. Fugitives to be delivered, when. 2. Proceedings, if offence is capital. 3. " " " is not capital. 4. Prisoner discharged unless demanded, when and how. 5. Prisoner may be arrested, when. 6. Complainant to pay costs, when. Section 7. Governor to examine into cause. 8. When to deliver up and how. 9. Prisoner may be carried through the State, when and how. 10. Mode of proceeding in such case. 11. Powers of officers in such cases. 12. Penalty for obstructing officer. Section 1, Whenever any person shall be found within this State, charged with any offence committed in any other state, and liable by the constitution and laws of the United States to be de- livered over, upon the demand of the executive of such state, any court or magistrate authorized to issue warrants in criminal cases, may, upon complaint on oath setting forth the offence, and such other matters as are necessary to bring the case within the provi- sions of the law, issue a warrant to bring the person so charged before him, or some other court or magistrate within the State, to answer to such complaint, as in other cases. Sec. 2. If, upon examination, it shall appear to such court or magistrate, that there is reasonable cause to believe that the com- plaint is true, and that such person may be lawfully demanded of the executive of this State, he shall, if charged with a capital of- fence, be committed to jail, there to be detained until a future day which shall be so appointed and fixed, as to allow a reasonable time to obtain the warrant of the executive of such other state. Sec. 3. If such person is charged with an oifence not capital, 452 FUGITIVES FROM JUSTICE. [TITLE XXVII. the court or magistrate may order him to recognize, with sufficient sureties, to appear at a day so appointed ; and if such person shall fail to recognize, may commit him to jail, there to be detained not exceeding thirty days, unless sooner discharged by due course of law. If any person so recognizing, shall fail to appear, according to the condition of his recognizance, he shall be defaulted, and the like proceedings had as in case of other recognizances. Sec. 4. If the person so recognized or committed, shall appear before the court or magistrate upon the day ordered, he shall be discharged, unless he shall be demanded by some person authorized by the warrant of the executive to receive him. Sec. 5. Any person authorized by warrant of the executive, may take such offender into custody at any time, whether recog- nized, committed or discharged, and such taking shall be a dis- charge of the recognizance, if any, and shall not be deemed an escape. Sec. 6. The complainant in every such case shall pay all the actual costs and charges, and for the support in jail of any person committed as aforesaid, at the rate of one dollar and fifty cents per week, and shall advance the money therefor from time to time, or give to the jailer satisfactory security therefor. If the complainant shall neglect, for twenty-four hours after he is required by the jail- er, to give such security or advance the money for the support of the person so committed, the jailer may discharge him. Sec 7. When a demand shall be made upon the executive au- thority of this State by the executive of any other state, in any case authorized by the constitution and laws of the United States, for the delivery over of any person charged in such state with trea- son or other crime, the attorney general or any other prosecuting officer, when required by the governor, shall forthwith investigate the grounds of such demand, and report to the governor all mate- rial facts which may come to his knowledge, as to the situation and circumstances of the person so demanded ; and especially whether he is held in custody, or is under recognizance to answer for any offence against the laws of the United States or of this State, or by force of any civil process, and also whether such de- mand is made conformably to law, so that such person ought to be delivered up. Sec 8. If the governor shall be satisfied that the demand is conformable to law, and ought to be complied with, he shall issue his warrant, under the seal of the State, authorizing the agent who shall make such demand, either forthwith or at such time as shall be designated in the warrant, to take and transport such person to the line of this State, at the expense of such agent, and shall also, by such warrant, require the civil officers within this State to afford all needful assistance in the execution thereof. Sec 9. When any offender shall be apprehended in any neigh- boring State, and it may be necessary to carry him through this CHAP. 224] CORONER S INQUESTS. 453 State to the place where the offence was committed, any justice in this State, upon apphcation made, and proof that lawful process has issued against such offender, shall issue a warrant under his hand and seal, directed to any sheriff or his deputy, or to any per- son by name, who shall be sworn to the faithful performance of his duty, authorizing such conveyance. Sec. 10. Such person or officer shall cause such offender to be conveyed to the line of this State next to the state where the offence was committed, there to be delivered to some proper officer ready to receive him ; and all persons to whom such warrant may be directed are required to obey such order upon payment or tender of the lawful fees therefor. Sec. 11. Any sheriff, deputy sheriff, constable or other officer of justice of any neighboring state, with his assistants, in the exe- cution of any lawful process issuing from and returnable to any court in such state, may pass himself and convey such persons or things, as he may have in his custody by virtue of any such law- ful process, through this State, in as full and ample a manner as any officer of this State might do. Sec. 12. If any person shall assault or obstruct any such officer or his assistant, passing through this State in the execution of any such process, he shall be liable to the same punishment as if such person were an officer of this State. CHAPTER 224. OF CORONER'S INQUESTS. Section 1. Coroner's inquests, when holden. 2. Jury to be summoned ; form. 3. Service of summons, how made. 4. Juror not attending, penalty. 5. Vacancies injury, how filled. 6. Oath of jurors, form. 7. Witnesses to be summoned, how. 8. Jury to be charged ; duties. Section 9, Proclamation to be made. 10. Oath of witnesses, form. 1 1 . Witnesses examined, recognized. 12. Verdict of jury and return. 13. Form of inquisition. 14. If offender not in custody, duty. 15. Body to be buried by coroner. Section 1. It shall be the duty of the coroner to take an in- quest, upon the view of the dead body of any person whose death is supposed to have been occasioned by violence or casualty, within the county for which he is commissioned, whenever the majority of the selectmen of the town in which such dead body is found, shall in writing signed by them, authorize the same. 454 coroner's inquests. [title XXVll. Sec. 2. In every such case the coroner shall issue a summons directed to three reputable persons, one of whom shall be a justice of the peace, requiring tliem to appear before him at a time and place therein specified, as jurors, to inquire into the cause of such death, which summons shall be in substance as follows : THE STATE OF NEW HAMPSHIRE. SS. To Greeting. In the name of the State of New Hampshire, you are hereby required to appear before me one of the coroners of the county of at the dwelling house of (or, at the place called ) within said town of on the day of at o'clock in the noon, then and there to inquire upon a view of the body of (or, a person unknown) there lying dead, how and in Avhat manner he came to his death. Fail not of appearance at your peril. Given under my hand and seal at in said county, the day of A. D. 18 . Coroner. Sec. 3, Service of such summons may be made upon such jurors by any sheriff, deputy sheriff or constable authorized to serve precepts within such precinct, by reading the same to every such juror, or by giving him a true and attested copy thereof in hand, and shall make return thereof to the coroner at the time and place of hearing. Sec 4. If any person summoned as juror as aforesaid, shall, without reasonable excuse, fail of appearance, or if any officer shall, without sufficient cause, fail to make due service or return of any such summons, he shall forfeit ten dollars. Sec. 5. If any person named in such summons shall fail to attend at the time and place of taking such inquest, the coroner shall require the officer in attendance, or some other person, to return jurors from the by-standers to complete the number. Sec 6. The coroner shall administer to the jurors who are assembled, the following oath : " You solemnly swear that you will diligently inquire, and due presentment make, in behalf of this State, how and in what man- ner who here lies dead, came to his (or her) death ; and that you will deliver to me, , one of the coroners of this county, a true inquest thereof, according to such evidence as shall be laid before you, and according to yom knowledge. So help you God." Sec 7. The coroner may issue a subpoena for any witness, or compulsory process, if necessary, to be issued and served in the CHAP. 2-24] coroner's inquests. 455 same manner as any justice of the peace might do upon a com- plaint in behalf of the State before him, and the powers, duties and liabilities of the coroner, officer or witness shall be the same as upon such complaint. Sec. 8. The jurors having been sworn, the coroner shall give them a charge, upon their oaths, to declare of the death of the person, whether he died of felony, mischance or accident ; and if of felony, whether he died of his own or of another ; if of the felony of another, who were the principals and who accessaries, with what instrument he was struck or wounded, and all important circum- stances ; if he died of his own felony, the manner, means and instrument thereof, and all circumstances attending it ; if by mis- chance or accident, how and in what manner ; and in all cases, to inquire whether he was killed in the place where found, or else- where , and if elsewhere, how and by whom he came to such , place ; and every fact relating to the cause of death which the finder of the body or any other person may know. Sec 9. The jurors being charged shall stand together, and the coroner shall cause proclamation to be made, for all persons who can give evidence how and in what manner the person then and there lying dead, came to his death, to draw near and be sworn. Sec. 10. The coroner shall administer to every witness the fol- lowing oath : " You solemnly swear that the testimony which you shall give to this inquest, concerning the death of here lying dead, shall be the whole truth and nothing but the truth. So help you God." Sec. 11. The testimony of every witness shall be drawn up in writing, and subscribed by him ; and if his testimony charge any person with killing or being in any way instrumental in the death of the person so found dead, the coroner shall bind such witness by recognizance, in a reasonable sum, for his personal appearance at the next term of the court of common pleas for the same county, there to give evidence accordingly ; if such witness shall refuse to recognize as aforesaid, the coroner shall commit him to the common jail. Sec. 12. The jury having viewed the body, heard the evidence and made all the inquiry in their power, shall draw up and deliver to the coroner their verdict upon such death in writing under their hands, and the coroner shall set his hand and seal thereto, and shall return the same with all recognizances, if any, by him taken, to the next term of the court of common pleas holden within and for the same county. Sec. 13. The form of the inquisition shall be in substance as follows : 456 coroner's inquests. [title xxvii. THE STATE OF NEW HAMPSHIRE. R. ss. All inquisition taken at in said county, the day of in the year of our Lord before one of the coroners of said county, upon the view of the body of there lying dead, by the oaths of a justice of the peace for said county, and of and all repiUable persons, who being sworn and charged to inquire for the State when, how and by what means the said came to his death, upon their oaths do say (here insert how, where, when, by what means and with what instrument the death occurred.) So the jurors aforesaid upon their oaths aforesaid do say (here insert the follow- ing in case of murder:) that the said (or some person to the jurors unknown) in manner and form aforesaid, the aforesaid then and there, of his malice aforethought, did kill and murder, against the peace and dignity of the State ; (in case of self murder insert instead:) that the said in manner and form aforesaid then and there voluntarily and feloniously, as a felon of himself, did kill and murder himself, against the peace and dignity of the State; (or in case of death by misfortune insert instead,) that the said in manner aforesaid, came to his death by mis- fortune ; (or in case of death happening innocently by the hands of another person, insert instead :) that the aforesaid the aforesaid (deceased) by misfortune, and contrary to the will of the said in manner and form aforesaid did kill and slay. In witness whereof the said jurors have hereunto set their hands the day and year first above written. Jurors. In witness of all above written the said coroner hath hereto set his hand and seal the same day and year. . (L. S.) Sec. 14. If any person charged by the inquest with having caused the death of the person whose body lies dead before them, shall not then be in custody, the coroner shall forthwith notify some justice of the peace of the same county thereof, that such person may be apprehended, examined and secured for trial accord- ing to law. Sec 15. Every coroner, after taking an inquest of the violent or casual death of any stranger, shall bury the dead body in a decent manner, and the expenses of such inquest and burial shall be paid to said coroner out of the treasury of the county, upon his certifying that the deceased was a stranger, on his account being examined and allowed by the court of common pleas. CHAP. 2-25.J PROCEEDINGS IN CRIMINAL CASES. 457 CHAPTER S25. OF PROCEEDINGS IN CRIMINAL CASES. Section 1. Offenders to be indicted before trial. 2. Trial, where, if offence committed partly in two counties. 3. Prisoner indicted for capital offence, entitled to copy of indictment. 4. Proceedings, when prisoner stands mute. 5. Prisoner may challenge jurors. 6. State not entitled to peremptory challenge. 7. Punishment of death, how inflicted. 8. Solitary imprisonment, how inflicted. 9. Punishment in cases where benefit of clergy allowed. 10. " on second conviction. 11. " on third conviction. 12. Proceedings upon second or third conviction. Section 13. Convict to be branded upon a second commitment. 14. Effect of imprisonment for life. 15. Convict liable for costs of prosecu- tion. 16. Prosecutor to receive compensation for expenses, when. 17. Complainant may be witness. 18. Intent to defraud, how alleged and proved. 10. Officers to seize articles made, kept or used unlawfully. 20. Neglect of duty by public officer, penalty if no other specified. 21. Insane offender, how treated. 22. " " how supported. 23. " " how discharged. 24. If bond given, friends may claim. Section 1. No person shall be tried for any offence, the punish- ment of which may be death or confinement to hard labor, until an indictment be found against him by the grand jury of the county in which the offence was committed. Sec. 2. If any person shall be feloniously stricken, wounded or poisoned in one county, and shall die of the same stroke, wound or poison in another county ; or if any person shall aid in the com- mission of any offence, or be accessory thereto before the fact, in one county, which offence may be committed by the principal offender in another county ; or if parts of any offence may be com- mitted in more than one county ; in either of said cases the offence shall be deemed to have been committed, and the indictment may be found and the trial had in either county. Sec. 3. Every person indicted for any offence, the punishment of which may be death or confinement to hard labor for life, shall be entitled to a copy of the indictment before he is arraigned thereon ; a list of the witnesses to be used on the trial, and of the jurors returned to serve on the same, with the name and place of abode of each, to be delivered to him forty-eight hours before the trial ; counsel learned in the law, not exceeding two, to be assigned him by the court at his request, and who shall have access to him at all reasonable hours ; liberty to make full defence by himself and counsel, and to make any proof by lawful witnesses that he 58 458 PROCEEDINGS IN CRIMINAL CASES. [XITLE XXVri. may produce ; and process from the com*t to compel such witness- es to appear and testify at the trial, such as is usually granted on behalf of the State. Sec. 4. If any person indicted for any offence which may be punishable by death or confinement to hard labor for life, shall stand mute when arraigned thereon, a jury shall forth Avith be em- pannelled and sworn to try whether he stands mute by the provi- dence of God, or wilfully and fraudulently. If he stands mute by the providence of God, he shall be remanded to prison, and shall not be proceeded against until he has recovered therefrom ; but if he stands mute wilfully and fraudulently, the trial shall proceed and judgment be rendered as if he had pleaded not guilty ; but he shall be allowed no challenge to the jurors. Sec. 5. Every person arraigned and put on trial for any offence, which may be punishable by death or by confinement to hard labor for life, except when standing mute, may challenge twenty of the jurors peremptorily, and any others for sufficient cause. Sec. 6. No peremptory challenge to jurors shall be allowed in behalf of the State. Sec. 7. The punishment of death shall be inflicted by hanging the person convicted by the neck until dead, and the execution shall take place within the walls or yard of a prison in the county in which he was convicted. The sherift' of the county shall be present, unless prevented by some unavoidable casualty, and two of his deputies to be designated by him, and he may require the attendance and aid of a military guard, or such assistants as he shall think necessary. He shall also request the presence of the attorney general or solicitor, clerks of the courts in the county, and other reputable citizens, including a physician or surgeon, not exceeding tAvelve ; and the relations of the convict, his counsel, and such priest or clergyman as he may desire may be present, but no other person. Sec 8. Every convict sentenced to solitary imprisonment, shall suffer the whole thereof immediately after his commitment to the state prison, unless the directors thereof shall think that such im- prisonment may endanger his life, in Avhich case it shall be inflict- ed at such intervals as they may order. Sec 9. If any person shall be convicted of any offence at com- mon law, the punishment of which by such common law was death, and wherein benefit of clergy has been alloAved, he shall be punished therefor by fine not exceeding three thousand dollars, and by imprisonment in the common jail not exceeding two years, or by either of said punishments in the discretion of the court. Sec. 10. If any person having been convicted of an offence punishable in any part, by confinement to hard labor or imprison- ment, and having been confined or imprisoned in pursuance of a sentence thereon, shall be again convicted of any oflence punish- able in like manner, he shall be liable, in addition to the punish- CHAP. 225.] PROCEEDJNUS IN CRlMliNAL CASES. 4^9 ment inflicted for a first offence, to a further punishment of the same kind and amount. Sec. 11. If any person having been twice convicted of any offence or offences punishable in any part, by confinement to hard labor for a term of years, and imprisoned in pursuance of sentences thereon, shall be again convicted of any offence punishable in like manner, he may, in addition to the punishment inflicted for a first offence, be punished by confinement to hard labor for life. Sec. 12. In every case described in the two preceding sections, the offender may be indicted therefor, or the attorney general or solicitor may file an information against such convict for such second or third offence, at any time before sentence ; and upon proof thereof he shall be sentenced accordingly. Sec. 13. Upon the commitment of any person to the state prison a second time, the warden shall mark in the arm of such convict, with India ink well and deeply inserted, the letters N. H. S. P., and figures denoting the year in which he is so committed, and if such mark sho,ll be effaced, the warden shall renew the same until it be indelibly fixed. Sec. 14. If any person shall be convicted of any offence punish- able by imprisonment or confinement to hard labor for life, and shall be sentenced and imprisoned accordingly, such conviction shall be deemed a civil death ; and thereupon the bonds of matri- mony shall be dissolved, his property shall descend, administration upon his estate shall be granted, and all contracts to which he is a party, and all his rights, powers and liabilities of every kind shall be affected in the same manner as in case of the death of such convict. Sec 15. Upon the conviction of any person for an offence punishable by imprisonment or confinement to hard labor, judg- ment may be rendered against said convict for the costs of prose- cution, and execution thereupon issued against his property. Sec 16. Upon any conviction for larceny, receiving or conceal- ing stolen property, or making, uttering or passing counterfeit coin or bank bills, the court shall allow the prosecutor, out of the coun- ty treasury, a reasonable recompense for his time and expenses in such prosecution. Sec. 17. No person, except the respondent, shall be disqualified as a Avitness upon the trial of any offence, by reason of any interest in the event of such trial. Sec 18. When an intent to defraud is necessary to constitute any offence, it shall be sufficient to allege in the indictment or in- formation such intent generally ; and proof of an intent to defraud any person or any body politic or corporate, shall be competent to support such indictment or information. Sec 19. Any officer who shall find any implement, article or thing made, kept, used or designed to be used in violation of law or in the commission of any offence, in the possession of or belong- 460 PROCEEDINGS IN CRIMINAL CASES. [tITLE XXVII. ing to any person arrested or liable to be arrested for such offence or violation of law, shall bring such implement, article or thing before the justice or court having jurisdiction of the offence, who shall make such order respecting their custody or destruction as justice may require. Sec. 20. If any public officer shall wilfully neglect any duty imposed upon him by law, and no penalty shall be prescribed by statute for such neglect, such public officer guilty of such neglect shall forfeit and pay a sum not exceeding thirty dollars. Sec. 21. Whenever any person prosecuted for any offence, shall be acquitted by the petit jury, or whenever the grand jury shall omit to find a bill of indictment against any person, for the reason of insanity or mental derangement, such jury shall certify to the court the reason of such acquittal or omission to find a bill ; and the court, being of opinion that the going at large of such person will be dangerous to the safety of the citizens of the State, may commit him to prison or to the insane hospital, there to remain until restored to his right mind or otherwise delivered by due course of law. Sec. 22. Every person so committed shall be kept at his own expense, if he has estate sufficient for that purpose, otherwise at the charge of the county in which such proceedings are had. Sec 23. The court of common pleas for such county may dis- charge from confinement any such person, when it shall be made to appear to their satisfaction, that the going at large of such per- son will not be dangerous to the safety of the citizens and to the peace of the State. Sec 24. Upon the application of any friend of such insane per- son, said court may commit such insane person to the custody and safe keeping of such friend, the applicant first giving bond, with sufficient surety, to the judge of probate for the county, condition- ed for the safe keeping of such insane person, and for the payment of all damages which any person may sustain by reason of the acts or doings of such insane person ; the bond to be approved by said court and to be put in suit for the benefit of any person interested, in the same manner as other probate bonds. CHAP. 220.1 JAILS AND HOUSES OF CORRECTION. 461 TITL.E XXVIII. OF IMPRISONMENT. Chapter 226. Of jails and houses of correction. Chapter 227. Of the state prison. CHAPTER S26. OF COMMON JAILS AND HOUSES OF CORRECTION. Section 1. A jail to be kept in each county. 2. Court of common pleas to have care of jail and of prisoners. 3. Sheriff to be keeper of jail, and re- sponsible for prisoners. 4. Sheriff shall appoint deputy jailer. 5. Jailer to provide prisoners with suste- nance, clothing and necessaries. 6. Penalty for defrauding prisoners. 7. Jailer to furnish C. C. P. with list of prisoners and offences. Sectio.v 8. Sheriff liable for escape through in- sufficiency of jail. 9. County shall indemnify sheriff. 10. United States prisoners may be con- fined in jail. 11. Jail to be used when no house of cor- rection in town or county. 12. Prisoners, when may be discharged. 13. " removed in certain cases. 14. Expenses of removal paid by county. 15. Jail in Belknap and Carroll counties. Section 1. There shall be kept and maintained in good repair in each county one or more common jails, at the expense of the county. Sec. 2. The court of common pleas shall have the care of build- ing, inspecting and repairing such jails, and at the commencement of each term shall inquire into the state thereof, as respects the security, treatment and condition of the prisoners, and shall take all necessary precautions against escape, sickness or infection. Sec. 3. The sheriff shall have the custody of the jails in his county and of the prisoners therein, and shall keep the same per- sonally or by deputy, for whose acts he shall be responsible. Sec 4. The sheriff shall appoint one or more jailers who, in case of the absence or disability of the sheriff, or during any va- cancy in the office, shall have the custody of such jail and the prisoners therein. Sec 5. Every jailer shall provide each prisoner in his custody with necessary sustenance, clothing, bedding, fuel and medical attendance, and the court of common pleas shall allow liim, out of the county treasury, a reasonable compensation for the support of all prisoners confined on criminal process. 462 JAILS AND HOUSES OF CORRECTION. [tITLE XXVIII. Sec. 6. If any jailer shall defraud any prisoner of his allowance, or shall not allow reasonable sustenance and accommodation, he shall forfeit twenty dollars for each offence, to be recovered by an action of debt by any person who will sue therefor. Sec 7. Every jailer, at the opening of the court of common pleas at each term in his county, shall return to said court a certi- fied list of all prisoners then in his custody, with the time and causes of their commitment, and shall also return before the ad- journment of said court, the name and cause of commitment of every prisoner committed during the session of said court. If any jailer shall neglect to make any such return, he shall pay such fine not exceeding thirty dollars, as shall be set upon him by the court. Sec. 8. If any prisoner committed for debt or non-payment of any forfeiture, shall escape through the insufficiency of the jail, the sheriff of the county shall be liable to the creditor or person to whose use such forfeiture was adjudged, for the full amount of the damages sustained in consequence of such escape ; and the circum- stances of such prisoner may be given in evidence in mitigation of damages. Sec 9. Every sheriff who shall be compelled to pay any sum under the preceding section, shall, on application to the court of common pleas, be indemnified therefor fully from the county treasury ; and, if not so indemnified within six months after such application, he may recover the same in an action of the case against such county, with reasonable damages for his trouble, expenses and costs. Sec 10. Prisoners may be committed under the authority of the United States to any jail, upon payment of the expense of sup- porting such prisoners, fifty cents per month for the use of the jail for the county, and all legal fees of the jailer ; and the sheriff shall receive such prisoners and be liable for any neglect of duty as in case of other prisoners ; but the county shall in no case be liable for any escape. Sec 11. When there is no house of correction in any town, the county house of correction shall be used instead thereof ; if there shall be neither, then the common jail of the county shall be used as such house of correction. Sec 12. Whenever any prisoner under conviction for any crimi- nal offence, shall be confined in jail for inability to pay any fine or costs, or to procure sureties, the court of common pleas, on satis- factory evidence of such inability, may remit such fine and dis- charge him upon such terms as they may think expedient. Sec 13. Whenever from the prevalence of any disease, or for rebuilding or repairing the jail in any county, or other cause, the sheriff shall think it expedient that the prisoners be removed therefrom, on application in writing by the sheriff, the justices of the superior court of judicature, or any two of them in vacation, may order their removal to some other jail in the same or another county, there to be detained in the same manner and by the same CHAP. 227.] STATE PRISON. 463 process as in the jail from which they were so removed, until remanded back by a similar process, or discharged according to law. Sec. 14. All the expenses of removing and maintaining prison- ers incurred under the preceding section, shall be defrayed by the county from which they are so removed. Sec. 15. The jail in the county of Strafford shall be deemed to be the jail of the counties of Belknap and Carroll, until a jail shall be erected and completed for use in those counties respectively, and any officer of said counties may commit any prisoner in his custo- dy to such jail until such time, and all expenses incurred in the custody and support of such prisoner, shall be paid by the county from which he is committed. CHAPTER 237. OF THE STATE PRISON. Section 1. State prison to be in Concord. 2. Prison to be under care of warden. 3. Warden to give bonds. 4. Vacancy in office, how filled. 5. Powers of governor and council. 6. Duties of the warden, what. 7. Prisoners, how committed. 8. Service and return of order. 9. Warden to appoint a deputy. 10. Board of visitors of the prison. 11. Warden liable for escapes, when. 12. Penalty for assaulting warden by prisoner confined for life. 13. Penalty for assaulting warden by Section prisoner confined for a limited term. 14. Prisoners of United States courts re- ceived. 15. Rewards and punishments regulated. 16. Clothes and money furnished to dis- charged convicts, when. 17. Convicts in custody on civil process, remedy. 18. Such convict to be detained. 19. Execution against warden, how le- vied. 20. If not paid, warden removed. Section 1. The state prison at Concord shall be the general penitentiary of the State, for the punishment and reformation of all criminals sentenced to confinement to hard labor or solitary im- prisonment. Sec. 2. The state prison shall be under the superintendence of a warden, to be chosen annually in the month of June, by joint ballot of the senate and house of representatives in convention, who shall hold his office for one year from the first day of July in said year. Sec 3. The warden, before entering upon the discharge of his duties, shall give bond to the State in the sum of twenty thousand dollars, with sufficient sureties, to the acceptance of the governor 464 STATE PRISON. [TITLE XXVIII. and council, conditioned for the faithful performance of the duties of his office. Sec. 4. In case of any vacancy in the office of warden, the governor and council may appoint a warden, to hold his office until a new warden is chosen. Sec. 5. The governor, with advice of the council, shall have power, — First, To appoint all officers and servants, except the warden and his deputy, necessary for the management of the prison, and to remove the same ; Secotid, To define the powers, duties and compensation of such officers and agents ; Third, To establish by-laws for the government of the prison ; Fourth, To provide for the purchase of all articles necessary for the use of the prison, or the health and comfort of the officers and prisoners ; Fifth, To provide for the sale of all articles manufactured in the prison, or not necessary for the use thereof; Sixth, To make contracts, if expedient, for the support and em- ployment of the prisoners, or any portion of them ; Seventh, To make all necessary additions, alterations and repairs within the prison or its enclosure ; Eighth, To provide a military guard for the security of the pri- son ; Ninth, To provide such books and other instruction as he shall deem necessary for the convict ; Tenth, To draw his warrant upon the treasurer of the State in favor of the warden, for all appropriations made by the legislature for the state prison. Sec. 6. It shall be the duty of the warden, — First, To receive, safely keep and employ in said prison all con- victs pursuant to their sentence, and until discharged according to law ; Second, To have the custody and superintendence of all persons confined in said prison, and of all property belonging thereto ; Third, To obey and enforce all orders, by-laws and regulations which may be made by the governor and council for the manage- ment of the prison ; Fourth, To command the military guard for the prison ; Fifth, To receive, pay out and be accountable for all moneys appropriated for the use of the prison, or derived from the sales of articles belonging thereto; Sixth, To keep a regular and true account upon the books of the prison of all moneys received and expended on account of the pri- son, and of all its concerns : Seventh, Not to be in any case a contractor for the prison, or in- terested therein ; Eighth, To render to the legislature, on the first Wednesday of CHAP. 227.] STATE PRISON. 465 June annually, a full and true account of all the receipts and profits, expenses and disbursements of the prison since the last report, and a particular report of its management and condition ; Ni7ith, Immediately upon the settlement of his account, at the close of each year, to deposit all the A^ouchers therefor in the office of the secretary of state for public inspection. Sec. 7. When any convict shall be sentenced to confinement to hard labor, the court before whom such conviction may be, shall order the sheriff of the county to remove such convict to the state prison and deliver him to the warden thereof; and said sheriff or his deputy, in the execution of said order in any county through which he may pass, shall have all the rights and powers of a sheriff of such county. Sec. 8. The clerk of said court shall deliver a copy of said con- viction, judgment and order thereon, to said sheriff, who shall de- liver the same, with a copy of his return endorsed thereon, to said warden, and shall make due return to said court of the service of said order upon an attested copy thereof. Sec 9. The warden shall by warrant under his hand appoint a deputy, for whose acts he shall be answerable, and who, in case of the absence, death, removal or resignation of the warden, shall exercise all his powers and be subject to all his duties and liabili- ties, until a warden is duly appointed and qualified. Sec. 10. The governor and council, witli the justices of the su- perior court of judicature, shall be visitors of the state prison, and shall annually, and as much oftener as may be proper, visit the pri- son and see that all regulations made for the government thereof, are proper and properly executed. Sec 11. If the warden or any person employed in said prison, shall negligently suffer any prisoner to be at large or to be visited, comforted or relieved, contrary to the regulations of the prison or the terms of the sentence of such prisoner, he shall be punished, upon indictment and conviction thereof, by a fine not exceeding five hundred dollars. Sec 12. If any prisoner under sentence of confinement to hard labor for life, shall assault the warden or any person employed in said prison, or shall forcibly attempt to break from said prison, or shall escape therefrom, he shall be punished by solitary imprison- ment not exceeding six months, without affecting his first sentence in any other manner. Sec 13. If any prisoner under sentence of confinement to hard labor for a limited time, shall assault the warden or any person em- ployed in said prison, or shall forcibly attempt to escape or shall escape therefrom, he shall be punished by solitary imprisonment not exceeding six months, or by confinement to hard labor not exceed- ing ten years, said punishments to commence at such time as the court before whom the conviction may be, shall direct. Sec 14. The warden shall receive all convicts sentenced to con- 59 466 STATE PRISON. [tITLF, XXVIII. finement to hard labor by any court of the United States within this State, who may be dehvered to him by the marshal of the dis- trict or his deputy, and shall safely keep such convicts until dis- charged by due course of the laws of the United States. Sec. 15. The warden, with the consent of the governor and council, may offer suitable encouragement and indulgences to those convicts who distinguish themselves by obedience, industry and faithfulness, and may punish any convict guilty of insolence or ill language to any officer of the prison, or of obstinate and refractory behavior, by solitary imprisonment not exceeding thirty days at one time. Sec 16. The warden may furnish, at the expense of the State, to each convict discharged from said prison, a cheap suit of clothes decent and suitable for the season in which he is discharged, and a sum of money not exceeding three dollars. Sec. 17. If any convict sentenced to confinement to hard labor or solitary imprisonment, shall at the time of such sentence be in custody of the sheriff on any civil process, mesne or final, said sheriff shall, on the delivery of such convict to the Avarden, leave with said warden an attested copy of such process. Sec. 18. The warden shall detain such convict as well by vir- tue of such process as of his sentence, and if at the expiration of said sentence such process shall not be withdrawn, discharged, satisfied or annulled, shall still detain such convict thereon until discharged or remanded whence he came by due course of law. Sec 19. When judgment shall be rendered against any person holding the office of warden for any sum of money, the execution thereon shall be against his goods, chattels and lands, but not against his body ; and if such execution is returned unsatisfied, the creditor may file a certified copy of such execution and the return thereon with the secretary of state. Sec 20. The secretary shall immediately notify said warden thereof in writing, with the day on which said copy was filed. If said execution shall remain unsatisfied for the space of ninety days after such notification, the governor and council shall forthwith remove said warden from his office, and execution may then issue against him in common form. CHAP. 228.] SALARIES. 467 TITLE XXIX. OF SALARIES AND FEES. Chapter 228. Of salaries and compensation of certain officers. Chapter 229. Of fees and costs in certain cases. CHAPTER 328. OF SALARIES AND COMPENSATION OF CERTAIN OFFICERS. Section 1. Salary of governor. 2. " " secretary of state. 3. " " state treasurer. 4. " " adjutant general. 5. " " warden of state prison. 6. " " justices of superior court. 7. " " justices of circuit court. 8. " " judges of the court of com- mon pleas. 9. " " attorney general. 10. " " solicitors. 11. Compensation of solicitors. 12. Salary of judges of probate. 13. " " registers of probate. Section 14. Salary of sheriffs. 15. " " county treasurers. 16. Salaries, how paid. 17. Sheriffs' salaries, how paid. 18. County treasurers' salaries, how paid. 19. Compensation of counsellors. 20. " " president and speak- er. 21. " " members of legisla- ture. 22. " " clerks of legislature. 23. " for travel of counsellors. 24. " " " " members. 25. " above, how paid. Section 1. The annual salary of the governor shall be one thousand dollars. Sec. 2. The annual salary of the secretary of state shall be eight hundred dollars, which shall be in full compensation for all services in that office, except for making and giving copies and certificates to individuals for private use ; and all other fees allowed him by law shall be paid by him into the treasury; and he shall render an account of the same annually to the legislature at the June session. Sec 3. The annual salary of the treasurer of the State shall be six hundred dollars. Sec 4. The annual salary of the adjutant and inspector gene- ral, performing the duties of quartermaster general, shall be four hundred dollars. 468 SALARIES. [title XXLX. Sec. 5. The annual salary of the warden of the state prison shall be eight hundred dollars, which shall be in full compensation for all services rendered by him in that office. Sec. 6. The annual salary of the chief justice of the superior court of judicature shall be fourteen hundred dollars, and that of each justice of said court, twelve hundred dollars. Sec. 7. The annual salaries of the justices of the circuit court of common pleas shall be twelve hundred dollars. Sec. 8. The annual salaries of the judges of the courts of com- mon pleas shall be as follows : — For the counties of Rockingham and Grafton, each, one hundred and fifty dollars ; For the county of Merrimack, each, one hundred and ten dollars ; For the county of Hillsborough, each, one hundred and twenty- six dollars ; For every other county, each, one hundred dollars. Sec 9. The annual salary of the attorney general shall be twelve hundred dollars. Sec 10. The solicitors for the several counties shall receive from the state treasury, in full compensation for the services by them rendered in the absence of the attorney general, at each term of the court of common pleas at which they shall perform his duties, upon a certificate thereof from the presiding justice, the following sums : — In Rockingham, Hillsborough and Grafton, fifty dollars ; In Strafford, Merrimack and Cheshire, forty dollars ; In Belknap, Carroll, Sullivan and Coos, thirty dollars. Sec 11. Such solicitors shall receive for all other services by them performed, such reasonable compensation as the justices of said court may at each term direct, from the county treasury. Sec 12. The annual salaries of the judges of probate in the several counties shall be as follows : — Rockingham, three hundred thirty-four dollars ; Strafford, one hundred sixty-seven dollars ; Carroll, one hundred forty-two dollars ; Belknap, one hundred forty-two dollars ; Merrimack, two hundred forty-five dollars ; Hillsborough, two hundred seventy-six dollars ; Cheshire, two hundred twenty-five dollars ; Sullivan, one hundred seventy-five dollars ; Grafton, two hundred seventy-five dollars ; Coos, one hundred dollars. Sec 13. The annual salaries of the registers of probate for the several counties shall be as follows : — Rockingham, four hundred sixty-two doUai's ; Straff"ord, two hundred thirty-three dollars ; Belknap, one hundred eighty-three dollars; Carroll, ouo hundred eiglity-three dollars; CHAP. 228] SALARIES. 469 Merrimack, three hundred forty-five dollars ; Hillsborough, three hundred eighty-three dollars ; Cheshire, three hundred dollars ; Sullivan, two hundred twenty-five dollars ; Grafton, three hundred eighty dollars ; Coos, one hundred twenty-five dollars. Sec. 14. The annual salaries of the sheriffs of the several coun- ties shall be as follows : — Rockingham, three hundred thirty-four dollars ; Straftord, one hundred seventy-five dollars ; Belknap, one hundred fifty dollars ; Carroll, one hundred fifty dollars ; Merrimack, two hundred forty-five dollars ; Hillsborougli, two hundred seventy-six dollars ; Cheshire, two hundred twenty-five dollars ; Sullivan, one hundred seventy-five dollars ; Grafton, two hundred seventy-five dollars ; Coos, one hundred seventy-five dollars. Sec. 15. The annual salaries of the treasurers of the several counties shall be as follows : — Rockingham and Grafton, each, one hundred fifty dollars ; Merrimack, one hundred ten dollars ; Hillsborough, one hundred twenty-six dollars ; Strafford, Cheshire, Sullivan and Coos, each, one hundred dollars ; Belknap and Carroll, each, seventy-five dollars. Sec 16. The salaries of the foregoing officers, except sheriffs and county treasurers, shall be paid quarterly from the state trea- sury. Sec 17. The salaries of sheriffs shall be retained by them from the proportion of fees by law payable and paid to them by their deputies, and shall not be otherwise paid. Sec 18. The salaries of county treasurers shall be allowed to them, on their annual statement of the condition of the treasury of their respective counties, by the court of common pleas, and shall be in full satisfaction for all official services. Sec 19. The members of the council shall receive two dollars a day, each, during their sessions. Sec 20. The president of the senate and speaker of the house of representatives shall receive two dollars and fifty cents a day, each, during the session of the legislature. Sec 21. The members of the senate and house of representa- tives shall receive two dollars a day, each, during the session of the legislature. Sec 22. The clerks and assistant clerks of the senate and house of representatives shall receive two dollars and fifty cents a day, each, during the session of the legislature, and for one day more for making up the rolls and filing the papers. 470 FEES AND COSTS. [title XXIX. Sec. 23. The members of the council shall receive each, ten cents a mile for their travel to and from the place of their sessions. Sec. 24. The president and members of the senate, speaker and members of the house of representatives and the clerks and assist- ant clerks of the senate and house, shall each receive ten cents a mile for their travel to and from the place of [the] sitting of the legislature. Sec. 25. The compensation allowed in the six preceding sec- tions, shall be paid from the state treasmy. CHAPTER 229. OF FEES AND COSTS IN CERTAIN CASES. Section 1. Fees of justices in civil cases. 6. 7. 8. 9. 10. 11. 12. 13. 14. " " " criminal cases. " recording and certifying offi- cers. " clerks of courts. " attorneys in courts. " " before justices. " parties. five days' attendance only, when, for travel to county line only. " " before justices. " " upon endorsed notes, of witnesses. ferry ortollbridge, liow reckoned, of sheriffs. Section 15. Fees of sheriffs to be endorsed. 16. " " jailers. 17. " " registers of deeds. 18. " " town clerks. 19. " " coroners and constables. 20. " " grand and petit jurors. 21. " paid on jury trials. 22. " on coroners' inquests. 23. " of secretary of state. 24. " " notaries public. 25. Penalty for taking illegal fees. 26. " how recovered. 27. Receipt to be given for fees. 28. Penalty for neglect to give receipt. Section 1. Justices of the peace shall be allowed the following fees in civil cases : — For every writ of summons or attachment with summons, sev- enteen cents ; For writ of subpoena, ten cents ; For the entry of every action or complaint, including filing papers, entering appearance and judgment and recording, fifty cents ; For granting an appeal, seventeen cents ; For each execution, seventeen cents ; For a writ of possession, twenty-five cents ; For entering satisfaction of a judgment on record, ten cents ; For swearing each witness and caption of deposition, thirty- four cents ; For writing deposition, each page, seventeen cents ; CHAP. 229.] FEES AND COSTS. 471 For travel to swear witnesses, each mile, three and a half cents ; For taking and certifying the acknowledgment of any deed or other instrmnent by one or more persons at one time, seventeen cents ; For granting warrmit of appraisement and swearing the apprai- sers, twenty-five cents ; For actual trial upon issue joined, either of law or fact, fifty cents ; For administering oaths in all cases and certifying the same, except the oaths of office of town officers and oaths administered to witnesses in the trial of causes before the justice, seventeen cents ; For every adjournment, seventeen cents. Sec, 2. Justices of the peace shall be allowed the following fees in criminal cases : — For drawing a complaint, fifty cents ; For a warrant founded on a complaint for any offence, twenty- five cents ; For granting an appeal, seventeen cents ; For each recognizance, seventeen cents ; For taking bail of persons committed in criminal cases, for each ofiender, thirty-four cents ; For every examination, thirty-four cents ; For entry of complaint and judgment thereon, fifty cents ; For a warrant of commitment and every other warrant except those before mentioned, fifty cents ; For every adjournment, seventeen cents. Sec. 3. To all recording or certifying officers, there shall be allowed for each page of two hundred twenty-four words copied or recorded, twelve and a half cents ; For any part less than a page, eight cents ; For every certificate on a copy of a whole case, ten cents. Sec. 4. To the clerk of every court, there shall be paid the fol- lowing fees : — For the entry of every action, petition, appeal or complaint, one dollar and twenty cents, of which the clerk shall retain thirty cents, in full compensation for all services for which specific fees are not by law established ; For a blank writ and summons, or blank writ of summons, ten cents ; For a writ of review or scire facias, fifty cents ; For a writ of possession, forty cents ; For a writ of habeas corpus, seventeen cents ; For a writ of execution, seventeen cents ; For a writ of protection or subpoena, ten cents ; For entering a continuance, five cents ; For discharging a recognizance, ten cents ; For certifying the proof of a deed in court, seventeen cents ; 472 FEES AND COSTS. [TITLE XXIX. For recording a sheriffs deputation and certificate, or a discharge from office, twenty-five cents; For all services and fees relating to a pedler's license, one dollar. Sec. 5. The following fees shall be allowed in bills of costs taxed in the superior court or court of common pleas : — For the writ including the blank, one dollar ; For every complaint, one dollar ; For an attorney fee, in every case of appearance by the defend- ant, one dollar. Sec. 6. The following fees shall be allowed in each bill of costs taxed before a justice : — For each writ, complaint or plea, fifty cents. Sec. 7. Parties shall be allowed the following fees : — For every ten miles' travel to and from court, twenty-five cents ; For each day's attendance, twenty-five cents ; For summoning witnesses, seventeen cents each. Sec. 8. No more than five days' attendance shall be allowed at any term in any case where the defendant suffers default, having made no appearance. Sec 9. No more travel shall be allowed to any party than to the line of the county, unless in case of his appearance in person. Sec 10. In actions brought before justices, the plaintifi" shall be allowed no more travel than if he lived within ten miles of the place of trial, unless he appears in person. Sec 11. In actions upon endorsed notes or negotiable paper brought by an assignee, no more travel shall be allowed than if brought by the payee, unless it shall be shown that the assignee is the plaintiff in interest. Sec 12. The fees of witnesses shall be ; at the superior court or court of common pleas : — For each day's attendance, one dollar ; For travel to and from court, each mile, six cents ; Before justices ; for each day's attendance, forty cents ; For travel to and from the place of testifying, each mile, four cents. Sec 13. A ferry or toll bridge shall be reckoned as three miles' travel. Sec 14. The fees of sheriffs and deputy sheriflEs shall be as follows : — For the service of every writ, process, notice or execution, except writs of subpoena for witnesses, twenty-three cents ; For summoning witnesses, each, seventeen cents ; For taking bail, (to be paid by the person bailed,) seventeen cents ; CHAP. 229.] FEES AND COSTS. 473 For actual travel to serve any writ, process or execution, to be reckoned from the place of service to the residence of the officer, in no case exceeding fifty miles, each rnile, five cents ; For levying executions, on the dollar, for the first fifty dollars, two and a half cents ; For the second fifty dollars, two cents ; For sums above one hundred and under three hundred dollars, one cent ; For sums above three hundred dollars, half a cent ; For attending any court by the order thereof, to be paid out of the county treasury ; the sheriff, each day, two dollars ; Each deputy, one dollar and fifty cents ; For attending before justices on trials where his presence is required, each day, one dollar. Sec. 15. The fees of every sheriff and deputy sheriff upon any writ, process or execution by him served, shall be endorsed thereon. Sec. 16. Jailers shall be entitled to the following fees : — For receiving any prisoner into custody or discharging him, twenty-five cents ; For the board of a prisoner, each week, one dollar fifty cents. Sec. 17. Registers of deeds shall be entitled to the following fees : — For a certificate on a deed of the time and place of recording, and for every other certificate by him made, four cents ; For examining the records at the request of any person, for each hour necessarily spent therein, twenty cents ; For discharging a mortgage on record, seventeen cents. Sec. 18. Town clerks shall be entitled to receive for recording mortgages, for certifying thereon the time and place of recording, for every other certificate relating thereto, for examining the re- cords and for discharging the same on the record, and recording any other discharge thereof, the same fees as registers of deeds are entitled to for like services. Sec 19. Coroners and constables shall be entitled to the same fees as sheriffs in like cases. Sec 20. Grand jurors and petit jurors shall be paid from the county treasury for each day's attendance, each, one dollar fifty cents ; For their travel to and from court, each mile, six cents ; Talesmen for each day's attendance, one dollar fifty cents ; Sec 21. There shall be paid by the plaintiff or appellant for the trial of every action by jury, before the trial, to the clerk for the use of the county, and to be taxed in the bill of cost of the party paying the same, five dollars. 60 474 FEES AND COSTS. [TITLE XXIX. Sec. 22. The following fees shall be allowed on the taking of each coroner's inquest, to be paid from the county treasury : — To the coroner, for taking the same, one dollar fifty cents ; To the jurors, each, one dollar fifty cents a day ; for travel, each mile, six cents ; To witnesses for their attendance, each, one dollar a day ; for their travel, each, six cents a mile ; To the constable, for summoning and attending the jury, sixty- seven cents a day and his necessary expenses ; Sec. 23. To the secretary of state shall be paid the following fees : — For every commission for any person to an office of profit, to be paid by such person, one dollar ; For every certificate under the seal of the State, fifty cents. Sec. 24. Notaries public shall be entitled to the following fees : — For every protest under seal, fifty cents ; every certificate under seal, twenty-five cents ; For waiting on a person to demand payment, or to witness any matter and certifying the same under seal, fifty cents ; For every notice of non-payment to any party to a bill or note, twenty-five cents ; For services relating to the taking of depositions, the same fees as justices are entitled to receive. Sec 25. If any person shall demand and take any greater fee for any service than is allowed by law, or any fee to which he is not by law entitled, he shall forfeit fifty dollars for each oflence to the person who will sue therefor. Sec. 26. Every such oftence may be prosecuted by complaint to the grand jury and indictment, and in such case, the penalty re- covered shall be for the use of the county. Sec 27. Every person entitled by law to any fees, shall, if requested by the person paying the same at the time of such pay- ment, make out and deliver to him a particular statement of the items of his services, and of the sums demanded and received therefor, and receipt the same. Sec 28. If any such person shall neglect or refuse to give such statement and receipt, he shall forfeit for every such neglect or refusal the sum of twenty dollars, for the use of the town in which the offence may be committed. CIIAF. -230.] REPEALED ACTS. 475 TITL.E XXX. CHAPTER 330. OF ACTS REPEALED. Section 1. Revised statutes, when to take effect. jj. " " how cited. 3. All statutes repugnant, repealed. 4. When repeal takes effect. 5. Repeal not to affect rights, «fec. 6. " " " " offences. 7. Suits not affected by repeal. 8. Officers to hold their office. Section 9. No repealed act revived by repeal. 10. Repeal of statute, no evidence that such statute was in force. 11. Statute adopting other statutes, effect of repeal on. 12. Limitations not affected by repeal. 13. List of statutes repealed. Section 1. All the provisions contained in the preceding chapters, shall take effect and go into operation from and after the first day of March next, except only such parts thereof as to which a differ- ent provision is expressly made herein. Sec. 2. This act shall not in any citation or enumeration of the statutes be reckoned as one of tne statutes of the present session of the general court ; but in all citations thereof it maybe designated as the Revised Statutes, adding to the citation, when necessary, the number of the chapter and of the section. Sec. 3. All acts and parts of acts, the subjects of which are revised and re-enacted in the Revised Statutes, or which are repug- nant to the provisions therein contained, shall be repealed from and after the said first day of March next, with the excej)tions and limitations hereinafter expressed. Sec 4. In all cases where any provisions of the Revised Sta- tutes are made to go into operation at any time before or after the said first day of March, the corresponding provisions, if any, of the said repealed statute, shall cease to operate when and shall con- tinue in force until the said new provisions shall go into operation. Sec. 5. The repeal of the acts hereinafter mentioned shall not affect any act done, or any right accruing, or accrued, or acquired or established, or any suit or proceeding had or commenced in any civil case, before the time when said repeal shall take effect ; but the proceedings in every such case shall be conformed, when neces- sary, to the provisions of the Revised Statutes. Sec. 6. No offence committed and no penalty or forfeiture incur- red under any of the acts hereby repealed, and before the time when such repeal shall take effect, shall be affected by the repeal, except tliat when any punishment, penalty or forfeiture shall be mitigated 476 REPEALED ACTS. [xiTLE XXX. by the provisions of the Revised Statutes, such provisions may be extended and applied to any judgment to be pronounced after the said repeal. Sec. 7. No suit or prosecution pending at the time of said repeal, for any offence committed, or for the recovery of any penalty or forfeiture incurred under any of the acts hereby repealed, shall be affected by such repeal, except that the proceedings in such suit or prosecution shall be conformed, when necessary, to the provisions of the Revised Statutes. Sec. 8. All persons who, at the time when the said repeal shall take effect, shall hold any office under any of the acts hereby repealed, shall continue to hold the same according to the tenure thereof, except those offices which have been abolished, and those as to which a different provision shall have been made by the Re- vised Statutes. Sec. 9. No act which has been heretofore repealed, shall be revived by the repeal contained in this chapter of any of the acts therein repealed. Sec. 1(3. The repeal in this chapter of any statute or part of a statute heretofore repealed, shall not be construed as a declaration or implication that such statute or part of a statute has been in force at any time subsequent to such first repeal. Sec. 11. When any statute not herein repealed, refers to and adopts any statute or part of a statute which is herein repealed, or any provision or rule of law which is abrogated or modified by the Revised Statutes, such statute or part of a statute, or provision or rule of law so referred to and adopted, shall not be deemed repealed by the provisions of this chapter ; but shall be in force so far only as the same sliall have been so adopted, and for no other purpose, and so far only as they are not repugnant to or inconsistent with the provisions of the Revised Statutes. Sec, 12. In any case, when a limitation or period of time pre- scribed in any of the acts repealed in this chapter, for the acquiring of any right, or the barring of any remedy or for any other purpose, shall have begun to run, and the same or any similar limitation is prescribed m the Revised Statutes, the time of limitation shall con- tinue to run, and shall have the like effect as if the whole period had begun and ended under the operation of the Revised Statutes. Sec. 13. All the statutes hereinafter mentioned and described by the years in which they were respectively enacted, and by their respective titles, are hereby repealed, subject to the provisions con- tained in the preceding sections of this chapter : — ACTS PASSED PRIOR TO 1791. An act to prevent trespasses upon the waste lands within this State, passed No- vember 26, 1778. An act to authorize and empower the proprietors of any common and undivided lands, 1o call iiioGtinjrs of their respective proprietors, and to levy and collect such CHAP. 230.] ACTS REPEALED. 477 sum or sums of money on their said lands as they may judge necessary; and also to transact all their other common and public affairs, passed July 3, 1781. An act for making gold and silver a tender for all debts, and for settling the de- preciation of the paper currency ; and for the future regulation of the courts of jus- tice in this State, passed September 1, 1781. An act for the encouragement of literature and genius, and for securing to authors the exclusive right and benefit of publishing their literary productions for twenty years, passed November 7, 1783. An act to regulate ferries, passed February 28, 1783. An act in addition to an act entitled " An act to authorize and empower the propri- etors of any common and undivided lands, to call meetings of their respective propri- etors and to levy and collect such sum or sums of money on the said lands as they may judge necessary; and also to transact all their common and public affairs," passed the third of July, in the year of our Lord one thousand seven hundred and eighty-one, passed November 10, 1784. An act to establish a seal to be used as the great seal of this State, passed Febru- ary 12, 1785. An act for the admeasurement of boards, and for regulating the tale of shingles, clapboards, hoops and staves, and for other purposes therein mentioned, passed June 21,1785. An act for regulating pilotage in the port of Piscataqua, passed June 22, 1785. An act to prevent encroachments upon highways, passed February 27, 1786. An act for regulating the guaging of casks, passed January 12, 1787. An act in addition to an act entitled "An act for the regulating the guaging of casks," passed June 17, 1788. An act to preserve the fish in Piscataqua river and the branches thereof, passed January 20, 1789. An act to prevent the spreading of the small pox, for allowing hospitals to be erected under certain restrictions, and to repeal an act entitled " An act providing in case of sickness;" also an act entitled "An act to prevent the spreading of the small pox in this State," passed February 3, 1789. An act empowering the superior court of judicature of this State, to hear and try any causes respecting or relating to the forfeitures of lands within this State hereto- fore granted, or that may hereafter be granted, for non-performance of the conditions of such grants, to determine and give judgment therein that such forfeiture is or is not incurred, and to judge and decree as a court of chancery in certain of the causes aforesaid, passed February 6, 1789. An act for the appointment of solicitors general, passed June 19, 1789. An act to provide for the safe-keeping in the public jails in this State, of prisoners committed under the authority of the United States, passed January 14, 1790. An act limiting suits on penal statutes, passed January 26, 1790. A resolution relating to branch pilots, passed January 26, 1790. ACTS PASSED IN THE YEAR 1791. An act establishing forms of oaths. An act prescribing the forms of writs in civil causes. An act for recording proceedings before justices of the peace, and for preserving such records. An act relating to attorneys. An act for setting off debts, mutual demands and executions against each other. An act for preventing trespasses. An act to empower watchmen to apprehend and commit disorderly persons, as is hereinafter declared. 478 ACTS REPEALED. [TITLE XXX. An act to restrain the taking of unlawful interest. An act for the punishment of profane cursing and swearing. An act to prevent incestuous niarriages, and to regulate divorces. An act directing the proceedings in case of forcible entry or detainer of lands or tenements. An act regulating marriages, and for the registering of marriages, births and burials. An act relative to common fields, and regulating fences. An act regulating swine. An act relative to strays and lost goods. An act regulating pounds. An act to prevent fraud in cord wood exposed to sale. An act for the inspection of pot and pearl ashes. An act directing the proceedings against deficient collectors. ACTS PASSED IN THE YEAR 1792. An act to prevent common nuisances. An act for the repeal of a certain clause of the act for preventing the spreading of the small pox, made and passed the third day of February, Anno Domini 1789, and in addition to and amendment of the said act. An act to prevent obstructions and impediments to navigation in the river Piscata- qua and harbor of Portsmouth. An act to establish post guides and to facilitate travelling in and through this State. ACT PASSED IN THE YEAR 1793. An act to alter and amend an act passed the twenty-eighth day of December, Anno Domini 1791, entitled "An act for the inspection of pot and pearl ashes." ACTS PASSED IN THE YEAR 1794. An act directing the mode of administering oaths in certain cases. An act in addition to an act entitled " An act empowering the superior court of judicature of this State, to hear and try any causes respecting or relating to the for- feiture of lands within this State heretofore granted, or that may hereafter be granted for non-performance of the conditions of such grants, to determine and give judg- ment therein that such forfeiture is or is not incurred, and to judge and decree as a court of chancery in certain of the causes aforesaid." An act to establish the method of computation of money in accounts and other transactions. An act to prevent damages being done on salt marshes in Hampton, Hampton Falls, Seabrook and South Hampton. An act to promote the increase of sheep in this State. An act to prevent the keeping of large quantities of gunpowder in private houses in Portsmouth, and for appointing a keeper of the magazine belonging to said town. ACTS PASSED IN THE YEAR 1795. An act providing for the compensation of certain persons employed in apprehend- ing, and bringing to justice offenders against the laws of this State. An act to prevent damage being done by horses, mules and jacks. An act for the preservation of salmon and shad in Connecticut river. A resolve in relation to deficiencies in the payment of state taxes. CHAP. 230.] ACTS REPEALED. 479 ACTS PASSED IN THE YEAR 1796. An act in addition to the laws now in force relating to proprietary matters. An act to declare the use of fines and forfeitures within this State. ACTS PASSED IN THE YEAR 1797. An act for rendering the decision of civil causes more speedy and less expensive than heretofore. An act for the regulation of mills. An act in addition to an act regulating pounds. An act regulating scale beams, steelyards, weights and measures. ACTS PASSED IN THE YEAR 1798. ^ An act in addition to the laws relating to proprietary matters. An act against gaming at billiards. ' ACTS PASSED IN THE YEAR 1799. An act declaring the tenure which certain officers shall have in their respective offices. An act to restrain unincorporated banking associations. An act for the better observation of the Lord's day, and for repealing all the laws heretofore made for that purpose. An act empowering the inhabitants of the town of Portsmouth to appoint health officers, and for preventing nuisances in said town. ACTS PASSED IN THE YEAR 1801. An act relative to the repairs of mills, mill dams and flooms owned by joint tenants, tenants in common, or occupied by two or more persons. An act for laying a fine on town clerks and sheriffs neglecting to make seasonable returns of votes for governor, counsellors and senators. ACT PASSED IN THE YEAR 1802. An act to regulate the inspection of butter and hog's lard intended to be exported from this State. ACTS PASSED IN THE YEAR 1803. An act to prevent the issuing and passing bank notes or bank bills of certain de- scriptions therein mentioned. An act in addition to an act entitled " An act empowering the inhabitants of the town of Portsmouth to appoint health officers, and for preventing nuisances in said town." ACTS PASSED IN THE YEAR 1805. An act in addition to an act entitled " An act for the limitation of actions and for preventing vexatious suits," made and passed the sixteenth day of June, A. D. 179L An act to prevent the circulation of private notes, bills, orders and checks. An act to secure to masters and apprentices bound by deed or indenture their mutual privileges. An act to prevent damage which may be done by lumber to owners of land lying on and adjoining any river in this State. 480 ACTS REPEALED. [TITLE XXX. An act for rogulating the manufacture and sale of bread. An act in addition to an act for regulating pilotage in the port of Fiscataqua. A resolve requiring papers relating to business before the legislature to be filed in the office of the secretary of state. ACTS PASSED IN THE YEAR 1806. An act to authorize the proprietors of turnpike roads and toll bridg-es to reduce their toll. An act in addition to and amendment of certain acts heretofore passed granting turnpike incorporations. ACTS PASSED IN THE YEAR 1807. An act to prevent the issuing from banks as a currency certain description of bank bills, notes and obligations therein mentioned. An act in addition to an act entitled " An act empowering the town of Portsmouth to appoint health officers, and for preventing nuisances in said town." ACTS PASSED IN THE YE.\R 1808. A resolve relating to the tenure of office by judges and sheriiTs. An act making further provision for the administration of justice. An act providing a remedy against the representatives of deceased parties to joint obligations and contracts. An act regulating proprietary matters. An act regulating the mode of putting pine timber into Connecticut river. An act to prohibit any person from hauling or removing sea weed and rock weed from the sea shore in the towns of Hampton and North Hampton. An act for the preservation of fish in Newfound lake in the county of Grafton. ACT PASSED IN THE YEAR 1809. An act directing how joint tenancies shall be created. ACT PASSED IN THE YEAR 1810. An act to prevent persons from digging up the bodies of dead people. ACTS PASSED IN THE YEAR 1811. An act to authorize towns to make by-laws to prevent horses, mules, jacks, neat cattle, sheep and swine from going at large. An act to encourage the raising of hemp in this State. An act respecting dogs. An act to prevent the destruction of salmon, shad and alowives in Merrimack river and the several streams falling into the same, and for repealing certain laws heretofore made for that purpose. An act to facilitate the passing of fish in Piscataquog river. An act to facilitate the passing of fish in Babboosook brook. An act for the preservation of fish in Long pond, so called, in Concord, in the county of Rockingham. A resolve relating to the exchange of statutes with other states. CHAP. 230.] ACTS REPEALED. 481 ACTS PASSED IN THE YEAR 1812. An act prescribing tlie mode of attaching on mesne process and selling on execu- tion, shares in incorporated companies, and pews in meeting-houses and other places of public worship. An act to remedy the loss of annual meetings. An act in addition to the laws now in force relating to the proceedings of corpo- rations. ACTS PASSED IN THE YEAR 1814. An act directing the return of statements every year from the several incorporated banks in this State to his excellency the governor and council. An act in addition to an act entitled " An act for the better observation of the Lord's day," and for repealing all the laws heretofore made for that purpose. An act regulating the piling, hauling and removing of sea weed and rock weed from the sea shore in the town of Rye. An act in addition to an act entitled "An act relative to strays and lost goods," passed Feb. 9, 1791. An act to prevent the destruction of fish in Turkey ponds, so called, in Concord in the county of Rockingham. An act to prevent the destruction of fish in Winnipissiogee lake, Squam pond, and the bays on the Winnipissiogee river. ACT PASSED JUNE SESSION, 1815. An act to prevent unjust imprisonment and to secure the privilege and benefit of the writ of habeas corpus. ACTS PASSED JUNE SESSION, 1816. An act to enforce the satisfaction and payment of executions against certain cor- porations. An act regulating the hunting of deer. An act to prevent fraud and deception in the packing of pickled fish, and in curing and packing smoked alewives and herrings, and to regulate the size and quality of the casks and boxes, and the sale and exportation within and from this State. ACTS PASSED NOVEMBER SESSION, 1816. An act to prevent the circulation and currency of certain bank bills of a denomi- nation less than one dollar. An act relating to the branding or marking of sheep. An act to repeal all acts heretofore passed relative to the passage of alewives and other fish in Eastermac and Tarbell's brooks, in Nottingham West in the county of Hillsborough. An act to prevent the destruction of fish in Rolfe's pond, so called, in Hopkinton in the county of Hillsborough. An act prescribing the mode of keeping records in the offices of the state and county treasurers. An act to divide the State into districts for the choice of senators. An act authorizing selectmen to tax the ratable estates of all ordained ministers of every denomination. 61 482 ACTS REPEALED. [tITLE XXX. ACTS PASSED JUNE SESSION, 1817. An act declaring the tenure and providing for the removal from office of registers of probate. An act directing the mode of serving of writs of scire facias in certain cases. ACTS PASSED JUNE SESSION, 1818. An act requiring certain officers to file certificates of their age in the secretary's office. An act requiring the attorney general, solicitors of the several counties, and the clerks of the several courts in this State to give bonds. An act in addition to an act entitled " An act to prevent the circulation and cur- rency of certain bank bills of a denomination less than one dollar," passed Novem- ber 14, 1816. An act for the preservation of alewives in Exeter river. An act for the preservation of the fish in the several ponds within tlie town of Greenfield. An act for the preservation of fish in Kezar's pond and Giles' pond in the town of Sutton in the county of Hillsborough. An act for the preservation of alewives in Salmon Fall river. An act to alter the first section of an act entitled " An act to prevent the destruc- tion of salmon, shad and alewives in Merrimack river, and the several streams fall- ing into the same, and for repealing certain laws heretofore made for that purpose," passed June 20, ISll. An act for establishing salaries of the justices of the superior court of judicature- A resolve granting copies of the statutes and journals to the American Antiqua- rian Society. ACTS PASSED JUNE SESSION, 1819. An act to provide for the inspection of hops for exportation. An act in addition to an act entitled " An act for the admeasurement of boards and for regulating tlie tale of shingles, clapboards, hoops and staves, and for other purposes tliereln mentioned," passed June 21, 1785. An act to repeal certain acts relative to the passage of fish in Salmon brook in the town of Dunstable. An act to repeal an act relative to the passage of fish in Pennychook brook, being the line between the towns of Merrimack and Dunstable. An act for the preservation of fish in Babboosook ponds in the town of Amherst. An act for the preservation of pickerel in Gorum pond in the town of Dunbarton in the county of Hillsborough. An act for the preservation of pickerel in the several ponds in New London in the county of Hillsborough. An act for the preservation of fish in Cobet's pond in Windham, and Policy pond partly in Windham and partly in Salem in the county of Rockingham. An act to prevent obstructing the passage of fish in a certain river in Bradford. An act for the preservation of salmon trout in Sunapee lake. An act to prevent vexatious lawsuits and to limit bills of costs. An act making provision for the payment of the salaries of the justices of the supe- rior court of judicature, and for other purposes. ACTS PASSED JUNE SESSION, 1820. An act for the preservation of pickerel in Massebesic pond partly in Chester in the county of Rockingham, and partly in Manchester in the county of Hillsborough. CHAP. 230.] ACTS REPEALED. 483 An act to provide for the appointment of inspectors and regulating the manufac- tory of gunpowder. An act to prevent the introduction of paupers from foreign ports or places. An act granting additional powers to the courts of probate and for the regulation of trustees and guardians. A resolve granting the statutes of this State to the United States. ACTS PASSED NOVEMBER SESSION, 1820. An act in addition to and in amendment of an act entitled " An act to prevent the destruction of salmon, shad and alewives in Merrimack river, and the several streams falling into the same, and for regulating and repealing certain laws heretofore made for tJiat purpose," passed June 20, 1811. An act regulating fees and repealing certain acts relative to the same. An act in addition to and in amendment of an act passed June session, 1820, grant- ing additional powers to the courts of probate, and for the regulation of trustees and guardians. ACTS PASSED JUNE SESSION, 1821. An act to prevent frauds in the management of the business of banks and of public officers. An act to enforce the payment of bills and notes issued by banking companies. An act for apprehending offenders in any county. An act to establish a literary fund to be collected from the several banking corpo- rations within this State. , An act regulating pedlers, hawkers and showmen. An act to prevent the destruction of beavers, minks, muskrats and otters. A resolution requiring the acts of each session to be transmitted to the judges of the circuit court of the United States. ACTS PASSED JUNE SESSION, 1822. An act making provision for the sale on execution of all rights in equity of re- deeming real estate mortgaged. An act in addition to an act entitled " An act to authorize towns to make by-laws to prevent horses, mules, jacks, neat cattle, sheep and swine from going at large," passed June 17, 1811. An act creating the office and providing for the appointment of corn and grain measurers in the town of Portsmouth. An act defining the jurisdiction, powers and duties of a judge of probate, and the duties, exemptions and liabilities of executors, administrators and guardians in cer- tain cases. An act for the descent and distribution of intestate estates. An act for the devising of real estate, the attestation, filing and recording of wills in certain cases and the distribution of testate estates. An act regulating the settlement and distribution of insolvent estates. An act empowering the several judges of probate to license executors, adminis- trators and guardians to sell real estate in certain cases, and for perpetuating the evi- dence of such sales. An act in addition to an act entitled "An act empowering the several judges of probate to license executors, administrators and guardians to sell real estate in cer- tain cases, and for perpetuating the evidence of such sales." An act regulating suits on bonds given to a judge of probate, and directing the manner in which such bonds may be taken. 484 ACTS REPEALED. [tITLE XXX. An act authorizing and regulating appeals from the decisions of a judge of probate. An act extending the powers of the justices of the superior court of judicature in certain cases. An act to establish the rate at which bank shares shall be valued in making and assessing direct taxes. An act establishing the law of the road. ACTS PASSED JUNE SESSION, 1823. An act to establish a system of police in the town of Portsmouth and for other purposes An act authorizing the superior court of judicature to appoint auditors in certain ACT PASSED JUNE SESSION, 1824, An act in addition to an act for forming, arranging and regulating the militia, passed December 22, 1820. ACTS PASSED NOVEMBER SESSION, 1824. An act in addition to an act entitled "An act for the descent and distribution of intestate estates," passed July 2, 1822. An act to preserve the evidence of titles to land sold by sheriffs for state and county taxes. An act in addition to an act entitled " An act to prevent incestuous marriages and regulate divorces." A resolution allowing copies of the laws and journals to places having ten ratable polls. ACTS PASSED JUNE SESSION, 1825. An act for the limitation of actions and preventing vexatious suits. An act regulating the service of mesne process on corporations in certain cases. An act in addition to and amendment of an act entitled "An act to prevent persona from digging up the bodies of dead people." An act for the preservation of pickerel in Suncook ponds in the town of Barnstead in the county of Straft'ord. An act in addition to an act entitled "An act denning the jurisdiction, powers and duties of a judge of probate, and the duties, exemptions and liabilities of executors, administrators and guardians in certain cases." An act authorizing an action of replevin in certain cases. An act to prevent the disturbance of religious meetings. An act to prevent injuries happening to the ordnance, carriages, harness and appa- ratus appertaining to the ordnance and gun houses belonging to the State. An act in addition to an act entitled " An act for laying a fine on town clerks and sheriffs neglecting to make seasonable returns of votes for governor, counsellors and senators." A resolution relative to tlie purchase of the New Hampshire Reports annually published. ACTS PASSED JUNE SESSION, 1826. An act to regulate the inspection of bet^f and pork intended to be exported from this State. CHAP. 230.] ACTS REPEALED. 4g5 An act for the preservation of fisli in the Wash pond and in the Island pond. An act in addition to an act entitled "An act defining the jurisdiction, powers and duties of a judge of probate, and the duties, exemptions and liabilities of executors, administrators and guardians in certain cases," passed July 2, 1822. An act in addition to an act entitled " An act for the descent and distribution of intestate estates," passed July 2, 1822. An act in addition to an act entitled " An act to establish a court of common pleas for the State of New Hampshire." An act to prescribe the mode of election of representatives for this State in the Congress of the United States. An act for the regulation and government of schools in the town of Portsmouth. An act to secure to owners their property in logs, masts, spars and other timber in Saco and Ossipee rivers in certain cases. An act providing for the publication of the acts and journals of the legislature. A resolution providing for tlie distribution of the New Hampshire Reports. ACTS PASSED JUNE SESSION, 1827. An act for the punishment of certain offences therein named. An act directing the mode in which process shall be served upon towns and certain other corporations, and in which executions against towns shall be levied, and for other purposes. An act relating to proprietary records. An act to empower turnpike corporations to make alterations in their roads. An act for the suppression of lotteries. An act in addition to the acts relative to the preservation of fish in Merrimack river and its tributary streams. An act to regulate the keeping and selling and transporting of gunpowder An act to provide for the maintenance of bastard children. An act relating to the election of governor, counsellors, senators and representa- tives. An act for the support and regulation of primary schools. An act empowering school districts to build and repair school houses. An act to regulate the perambulation of the lines between towns. An act more effectually to secure to the citizens of this State their rights of suffrage. An act regulating towns and the choice of town ofHcers. An act empowering religious associations to assume and exercise corporate powers. An act regulating the selection and services of grand and petit jurors. An act prescribing the duty and directing the mode of choosing registers of deeds and county treasurers, and providing for the payment of county expenses. An act authorizing the court of common pleas to liberate prisoners in the county jails in certain cases. An act to exempt pews in certain cases from attachment and execution, except for taxes assessed by the parish. An act to regulate the weighing of merchandise and other commodities. An act regulating licensed houses. An act for establishing an equitable method of making taxes. An act to provide for the collection of taxes assessed upon the inhabitants of towns. A resolution requiring the commissary general to give bond. A resolution providing for the distribution of the laws of the United States among towns. 486 ACTS REPEALED. [llTL!: XXX. ACTS PASSED JUNE SESSION, 1828. An act for the preservation of toll bridges. An act in addition to an act entitled "An act for the devising of real estate, the attestation, filing and recording of wills in certain cases, and the distribution of test- ate estates," passed July 2, 1822. An act directing the mode of choosing and appointing electors of president and vice-president of the United States. ACTS PASSED DECEMBER SESSION, 1828. An act for the more speedy recovery of small debts. An act to declare the jurisdiction and regulate the proceedings of justices of the peace in civil and criminal cases. An act regulating process and trials in civil causes. An act for the punisliment of certain crimes by solitary imprisonment and confine- ment to hard labor. An act for the punishment of lewdness, adultery, polygamy and fornication. An act for the punishment of certain crimes. An act regulating process in certain cases. An act relating to the settlement of paupers. An act for the punishment of idle and disorderly persons and for the support and maintenance of the poor. An act declaring the limits and boundaries of the several counties in this State. An act to divide the State into five districts for the choice of counsellors. An act appropriating the literary fund. An act in addition to an act entitled " An act regulating scalebeams, steelyards, weights and measures." An act defining the powers and prescribing the duties of executors and adminis- trators in certain cases. An act relating to the powers and duties of certain officers of the militia. An act relating to courts martial and courts of inquiry. An act relating to the organization and equipment of the militia and for other pur- poses. An act imposing fines for neglect of military duty and for other purposes. An act relating to the election of the representatives of classed towns. An act for the ease and relief of poor debtors. An act providing for the appointment and defining the powers of commissioners of jail delivery. An act in addition to an act entitled " An act providing for the appointment and defining the powers of commissioners of jail delivery." An act defining the powers and duties of firewards and other persons in certain cases. An act to regulate bail in civil causes. An act to allow grace on bills of exchange and promissory notes according to the custom of merchants. An act to regulate the taking of depositions to be used on the trial of civil causes. An act to declare the jurisdiction of the court of common pleas and of the supe- rior court of judicature, and to regulate the proceedings in the same courts. An act to establish salaries for the officers of the courts of probate in this State. An act regulating prisons. An act prescribing the times and places for holding the superior court, the court nf common pleas and the courts of probate in the several counties. An act to facilitate the collection of taxes in the town of Portsmouth. An act autliorizing tiie removal of incumbrances in highways. CHAP. 230.] ACTS REPEALED. 487 ACTS PASSED JUNE SESSION, 1829. An act making members of mutual fire insurance companies competent witnesses in certain cases. An act defining the duties of county solicitors. An act to encourage the manufacture of leather and to prevent frauds therein. An act subjecting lands, tenements and hereditaments to the payment of debts, and directing the mode of extending and levying executions upon real and personal estate. An act for allowing a certain premium for killing wolves, and to repeal the respec- tive laws giving bounties for killing crows, wolves, bears and wild cats. An act in addition to an act entitled " An act defining the jurisdiction, powers and duties of a judge of probate, and the duties, exemptions and liabilities of executors, administrators and guardians in certain cases," passed July 2, 1822. An act defining the duties of town clerks in certain cases. An act in addition to and in amendment of an act entitled "An act for the support and regulation of primary schools," passed July 6, 1827. An act in addition to an act entitled " An act for the regulation and government of schools in the town of Portsmouth," passed July 7, 1826. An act in addition to and in amendment of an act entitled " An act providino- for the publication of the acts and journals of the legislature," passed July 7, 1826. An act authorizing the superior court of judicature to make partition of real estate. An act in addition to and amendment of an act entitled " An act regulatino- licensed houses," passed July 7, 1827. An act prescribing the time and mode of redeeming real estate morto-ao-ed, and the mode of foreclosing the right to redeem such estate. An act directing the proceedings against trustees of debtors. An act providing for the regulation and government of the state prison. An act to establish times and places for holding courts of probate in the county of Hillsborough. An act prescribing the duty and regulating the office of sheriff. An act declaring the mode of conveyance by deed. An act to prevent frauds and perjuries. An act relating to the powers of public notaries, and the preservation of their records. An act regulating the assignment of dower. An act regulating the office of coroner. An act to provide for the collection of taxes assessed upon the unimproved lands of non-residents. An act for laying out highways. An act for mending and repairing highways. ACTS PASSED JUNE SESSION, 1830. An act to authorize the appointment of commissioners without this State to admin- ister oaths and take acknowledgments of deeds. An act in addition to an act entitled " An act for the suppression of lotteries," passed July 7, 1827. An act in addition to an act entitled " An act regulating towns and the choice of town officers," passed June 28, 1827. An act providing for the recording of deeds of state lands in the office of secre- tary of state. An act for taxing the stock of fire insurance companies. An act in addition to an act entitled " An act for laying out highways." An act in addition to an act entitled " An act prescribing the duty and directing 488 ACTS REPEALED. [tITLE XXX. the mode of choosing registers of deeds and county treasurers, and providintr for the payment of county expenses."' An act relating to the assessment of taxes in certain cases. An act relating to clerks of corporations. An act to provide for the collection of taxes assessed upon the improved lands and buildings of non-residents. An act authorizing the adjutant general to distribute the abstract of infantry tac- tics for the use of the militia. An act in addition to an act entitled " An act defining the powders and duties of firevrards and other persons in certain cases," passed December 16, 1828. A resolution relating to the distribution of the literary fund, approved July 1, 1830. A resolution relating to the publication of the laws in newspapers, approved July 3, 1830. ACTS PASSED JUNE SESSION, 1831. An act making further provision for the partition of real estate. An act regulating the choice of moderator. An act providing further remedies for landlords and tenants. An act to provide for the collection of taxes in certain cases. An act in addition to an act entitled " An act to establish a system of police for the town of Portsmouth and for other purposes," passed June 28, 1823. An act to authorize persons to assume and exercise corporate powers in certain cases. An act in addition to an act to regulate the inspection of beef and pork intended to be exported from this State. An act giving further remedies in equity. An act in addition to an act entitled " An act regulating fees, and repealing certain acts relative to the same," passed Dec. 23, 1820. An act in addition to an act entitled " An act the more effectually to secure the rights of suffrage to the citizens of this State." An act in addition to an act entitled " An act appropriating the literary fund," passed December 31, 1828. An act in addition to and amendment of an act entitled " An act for allowing a certain premium for killing wolves, and to repeal the respective laws giving bounties for killing crows, wolves, bears and wild cats," passed July 4, 1829. An act in addition to an act entitled "An act for laying out highways," passed July 3, 1829. An act to abolish special pleading. A resolution relative to the appointment and duties of land commissioners, ap- proved June 22, 1831. A resolution authorizing the warden of the state prison to furnish clothing to dis- charged prisoners, approved June 22, 1631. A resolution authorizing the secretary of state to furnish copies of statutes to unincorporated places, approved June 30, 1831. A resolution authorizing the towns of Greenland and Newtown to elect represent- atives, approved July ], 1831. A resolution classing the towns of Dalton and Breton Woods to elect a represent- ative, approved July 1, 1831. A resolution relative to filing printed copies of journals of the legislature, appro- ved July 2, 183] . ACTS PASSED JUNE SESSION, 1832. An act to extend to the town of New Market the acts establishing a system of police in the town of Portsmouth, and for other purposes. CHAP. 230.] ACTS REPEALED. 4g9 An act in addition to an act entitled " An act authorizing an action of replevin in certain cases," passed June 3'), 18'^5. An act in addition to an act for establishing an equitable method of makino- taxes, passed July 7, A. D. 1827. An act in addition to an act entitled " An act to regulate the inspection of beef and pork intended to be exported from this State, and further to regulate the inspection of mackerel." An act allowing a certain premium for killing bears, wild cats, crows and foxes. An act in addition to an act entitled " An act for laying out highways." An act making further provision for laying out highways. An act to prevent fraud in the transfer of personal property by mortgage. An act authorizing the sheriffs of the several counties in this State to remove prisoners in the county jails in certain cases. An act authorizing chairmen of committees in either branch of the legislature or of joint committees to swear witnesses. An act to provide further for the collection of taxes in certain cases. ACTS PASSED NOVEMBER SESSION, 1832. An act relating to the organization of the courts of justice. 'An act relating to mortgages and pledges of personal property, and property sub- ject to any lien created by law. An act to authorize registers of probate to adjourn courts of probate in certain cases. An act regulating the survey and sale of sawed clapboards and shingles. An act in addition to an act regulating marriages and for the registering of mar- riages, births and burials, passed February 15, 1791. An act in addition to and in amendment of an act entitled " An act for the support and regulation of primary schools," passed July 6, 1827. An act regulating the office of constable. An act for the amendment of the law in certain cases. An act authorizing selectmen to tax the ratable estate of legatees and wards in the hands of executors, administrators, trustees and guardians. An act in addition to an act entitled "An act empowering the inhabitants of the town of Portsmouth to appoint health officers, and for preventing nuisances in said town." An act in addition to the several laws of this State for the ease and relief of poor debtors. An act to establish the rates at which polls and ratable estate shall be assessed iii making direct taxes. An act for taxing bank stock in certain cases. An act requiring the warden and superintendent of the state prison to furnish bonds for the security of the State. An act directing the publication of the laws in certain newspapers. ACTS PASSED JUNE SESSION, 1833. An act to alter the times of holding the probate court in Deerfield, Chester and Derry in the county of Rockingham. An act in amendment of an act to establish times and places for holding courts of probate in the county of Hillsborough. An act in relation to the militia. An act in addition to and in amendment of an act imposing fines for neglect of military duty and for other purposes, passed January 3, 1829. 62 490 ACTS REPEALED. [TITLE XXX. An act in addition to an act entitled "An act to establish the rates at which polls and ratable estate sliall be assessed in making direct taxes," passed January 4, 1833. An act in amendment of an act entitled " An act to prevent encroachments upon highways," passed February 27, 1786. An act in addition to an act entitled "An act for the punishment of idle and dis- orderly persons, and for the support and maintenance of the poor," passed December 16, 1828. An act to regulate the weighing of beef in this State. An act providing for the appointment of town officers in certain cases. A resolution authorizing the towns of Hampton Falls, Newcastle, Centre Harbor, Temple, Brookline and Middleton to choose representatives, approved July 2, 1833. A resolution annexing Pinkham's Grant to the district of Jefferson, Randolph, &c., approved July 6, 1833. A resolution classing Jackson and Hart's Location for the choice of representative, approved July 2, 1833. ACTS PASSED JUNE SESSION, 1834. An act for the equal distribution of property assigned for the benefit of creditors. An act regulating attachments on mesne process. An act in addition to and in amendment of an act entitled " An act directing the proceedings against trustees of debtors." An act relating to copartners, coparceners, joint tenants and tenants in common. An act relating to the foreclosure of mortgages. An act in addition to and in amendment of an act entitled " An act relating to the powers and duties of certain officers of the militia," passed January 3, 1829. An act in addition to an act approved July 6, 1833, entitled " An act in addition to and in amendment of an act imposing fines for the neglect of military duty and for other purposes," passed January 3, 1829. An act in addition to an act entitled " An act relating to the organization and equipment of the militia and for other purposes." An act relating to the public property in the arsenal at Portsmouth. An act in addition to an act entitled " An act to declare the jurisdiction and regu- late the proceedings of justices of the peace in civil and criminal cases," passed December 31, 1828. An act in addition to an act entitled " An act for the amendment of the law in cer- tain cases," passed January 5, 1833. An act in addition to an act for the punishment of idle and disorderly persons and for the support and maintenance of the poor, passed December 16, 1828. An act in relation to warrants of distress for taxes issued against collectors, select- men and inhabitants of towns in certain cases. An act to facilitate the collection of taxes. An act in amendment of an act entitled "An act relating to the organization of courts of justice," passed the 29th day of December, in the year of our Lord, 1832. An act in amendment of an act empowering the several judges of probate to license executors, administrators and guardians to sell real estate in certain cases, and for perpetuating the evidence of such sales. An act in addition to an act entitled "An act to remedy the loss of annual meetings." An act in addition to an act entitled "An act for mending and repairing highways," passed July 3, 1829. An act relating to the competency of witnesses An act declaring the boundaries of certain towns. An act in addition to an act entitled "An act allowing a certain premium for killing bears, wild cats, crows and foxes," passed June 22, 1832. CHAP. 230.] ACTS REPEALED. 491 An act to prevent the destruction of pine and other forest trees. An act more effectually to protect the sepulchres of the dead, and to legalize the study of anatomy in certain cases. ACTS PASSED JUNE SESSION, 1835. An act for the prevention of the small pox and for other purposes. An act in addition to an act entitled " An act regulating pedlers, hawkers and showmen." An act to authorize judges of probate to settle accounts in certain cases. An act relating to the office of attorney general. An act in addition to an act entitled " An act for the regulation and government of schools in the town of Portsmouth." An act for the preservation of highways and bridges. An act relating to the service of writs on towns. An act in addition to an act passed July 6, 1828, entitled " An act empowering school districts to build and repair school houses." An act for establishing salaries of the several county treasurers. An act relating to the clerks of courts in the county of Merrimack. An act in addition to an act entitled " An act directing the proceedings against the trustees of debtors." An act to alter the limits of certain regiments of militia in this State. An act in amendment of an act providing for the publication of the acts and jour- nals of the legislature. A resolution allowing the town of Atkinson to choose a representative, approved June 25, 1835. A resolution classing Indian Stream with Clarksville, Stewartstown, &c., for the choice of representative, approved June 27, 1835. A resolution authorizing the secretary of state to deliver New Hampshire Reports to clerks of courts, approved June 25, 1835. ACTS PASSED JUNE SESSION, 1836. An act to prevent fraud in the packing, pressing and vending of ha^'. An act to protect collectors of taxes. An act declaring the tenure and providing for the removal from office of registers of probate. ACTS PASSED NOVEMBER SESSION, 1836. An act to provide for the receipt of the public money of the United States which maj' be deposited with this State. An act providing for the disposition of the public money of the United States which shall be deposited with this State. An act in addition to an act entitled " An act providing for the disposition of the public money of the United States which shall be deposited with this State." An act to establish the times and places of holding the courts of common pleas in the several counties in this State. An act in addition to an act for the punishment of certain crimes. An act in addition to an act entitled " An act for the punishment of idle and disor- derly persons, and for the support and maintenance of the poor," passed December 16, 1828. An act in addition to and in amendment of the several laws of this State for the ease and relief of poor debtors. An act providing for the settlement of accounts in courts of probate where judges of probate may be interested. 492 ACTS REPEALED. [TITLE XXX. An act authorizing the several judges of probate in this State to appoint guardians in certain cases. An act in addition to and amendment of an act entitled " An act regulating process in certain cases," passed January 2, 182!). An act in addition to an act entitled " An act authorizing the superior court of judicature to appoint auditors in certain cases." An act providing for the assessment of damages for land taken for railroad corpo- rations. An act in amendment of and in addition to an act entitled " An act for laying out highways," passed July 2, ]831. An act in addition to and in amendment of an act entitled " An act in addition to an act entitled 'An act to authorize towns to make by-laws to prevent horses, mules, jacks, neat cattle, sheep and swine from going at large,' " passed June 17, 1811. An act in amendment of an act entitled " An act to establish the rates at which polls and ratable estate shall be assessed in making direct taxes." An act providing further indemnity to towns for their liability on account of ob- structions placed in highways. An act enlarging the powers and duties of inhabitants of unincorporated places. An act to secure to owners their property in logs, masts, spars and other timber in Androscoggin river. An act in addition to an act regulating fees. An act in addition to and in amendment of an act relating to the organization and equipment of the militia, and for other purposes, passed January 3, 1829. An act to constitute the forty-first regiment of militia in this State. An act requiring bond of the treasurer of the State, and for other purposes. An act authorizing notice of petitions to be presented to the general court to be given to corporations andlndividuals interested. An act in addition to and in amendment of an act- directing the mode of choosing and appointing electors of president and vice-president of the United States, passed June 19, 1828. An act in addition to an act providing for the regulation and government of the state prison. An act to regulate the standard for the measure of oats and potatoes in this State. An act for the preservation of bridges. An act in addition to an act entitled " An act empowering school districts to build and repair school houses," passed July 6, 1827. An act prohibiting the emission and circulation of bank bills of a small denomi- nation. An act to sever certain companies from their respective regiments and constitute them the thirty-fifth regiment. An act in addition to and in amendment of an act entitled " An act relating to the public property in the arsenal at Portsmouth," passed July 5, 1834. An act providing for the appointment of a public printer and prescribing his duties. An act for the regulation and government of schools in the town of Portsmouth ACTS PASSED JUNE SESSION, 1837. An act relating to banks and banking, and to establish bank commissioners for the State of New Hampsnire. An act to regulate manufacturing corporations. An act in addition to and in amendment of an act prescribing the duty and regu- lating the office of sheriff, passed June 29, 1829. An act in addition to an act passed June 27, 1835, relating to the clerks of courts in the county of Merrimack. CHAP. 230.] ACTS REPEALED. 493 An act pertaining to the office of register of probate for the county of Hillsbo- rough. An act in addition to an act entitled " An act for the ease and relief of poor debt- ors," passed January 3, 1829. An act authorizing subsequent attachments of goods replevied. An act for the assessment and better enforcing the collection of taxes in certain cases. An act in amendment of an act entitled " An act for establishing an equitable method of making taxes," passed July 7, 1827. An act in relation to the militia. An act in addition to an act entitled " An act to constitute the forty-first regiment of militia in this State," passed January 3, 1837. An act regulating the conveyance of real estate in certain cases. An act in addition to an act entitled " An act for mending and repairing high- ways," passed July 3, 1829. An act in addition to the several acts establishing a system of police in the town of Portsmouth. An act in addition to and in amendment of an act entitled " An act for the regula- tion and government of schools in the town of Portsmouth," passed January 13, 1837. An act relating to registers of probate. An act in amendment of an act entitled " An act in addition to an act entitled ' An act authorizing the superior court of judicature to appoint auditors in certain cases,' " passed December 28, 1836. ACTS PASSED JUNE SESSION, 1838. An act suspending for a limited time the operation of an act entitled " An act pro- hibiting the emission and circulation of bank bills of a small denomination," passed January 13, 1837. An act regulating the sale of wine and spirituous liquors. An act for the relief of imprisoned debtors. An act in addition to an act entitled " An act relating to attorneys," passed Feb- ruary, 1791. An act relating to trust property. An act providing for exemption in certain cases from military duty. An act relating to the wearing apparel of deceased persons. An act in addition to an act entitled "An act relating to banks and banking," passed July 5, 1837. An act allowing a certain premium for killing foxes. An act to incorporate the New Hampshire Asylum for the Insane, An act in addition to the several laws of this State for laying out highways. An act relating to the taxation of costs in actions of review. An act in addition to and in amendment of an act entitled " An act to provide for the collection of taxes assessed upon the inhabitants of towns," approved July 7, 1827. An act to prevent the disturbance of religious meetings. An act to regulate the right of suffrage. An act in amendment of and in addition to an act entitled " An act providing for the disposition of the public money of the United States which shall be deposited with this State," approved January 13, 1837. An act in addition to an act regulating the office of sheriff, passed July 4, 1827. An act for the distribution of arms among artillery companies. An act empowering certain uniform companies to exercise corporate powers. An act relating to the officers of infantry companies in the second reo-iinent. An act to enable school districts to purchase land. 494 ACTS REPEALED. [XITLE XXX. An act in addition to an act in addition to and in amendment of an act imposing fines for neglect of military duty, and for other purposes. An act in addition to and in amendment of an act entitled " An act in relation to the militia," passed July 7, 1837. A resolution authorizing the town of South Hampton to choose a representative. ACTS PASSED JUNE SESSION, 1839. An act in addition to an act relating to banks and bankincr. An act in addition to an act entitled " An act to regulate the taking of depositions to be used on the trial of civil causes." An act in addition to the probate laws of this State. An act in amendment of an act entitled " An act to regulate manufacturimr cor- porations." An act to regulate the granting of views in t&e trial of actions in certain cases. An act in amendment of an act entitled " An act in addition to an act entitled ' An act for laying out highways,' " passed July 3, 1829. An act in addition to an act entitled " An act relating to proprietary records," approved July 3, 1827. An act for the preservation of the bridge across the Ammonoosuck river at Little- ton village. An act in relation to the public revenue deposited with the several towns. An act to provide for the equitable division of the property of school districts in certain cases. An act in addition to an act relating to the election of governor, counsellors, senators and representatives, passed June 29, 1827. An act in addition to an act entitled " An act to authorize persons to assume and exercise corporate powers in certain cases." An act to guard against fires in the state house yard. An act relating to students at literary institutions. An act regulating the price of printing executed by authority of this State. An act in addition to and in amendment of an act entitled "An act regulating fees," passed December 23, 1820. An act in addition to and making further amendments of an act relating to the public property in the arsenal in Portsmouth, passed July 5, 1834. An act imposing fines upon warning officers who neglect or refuse to return the company orders to them issued for warning privates and non-commissioned officers. An act to protect elections from mistakes and frauds. An act to regulate suits against sheriffs and other officers. An act to abolish the office of quartermaster general. An act providing for the division of towns into school districts, and for the alter- ation of the limits of school districts in certain cases. An act in amendment to and explanatory of an act to incorporate the New Hamp- shire Asylum for the Insane. An act in addition to an act entitled " An act to prevent incestuous marriages and to regulate divorces." An act for the preservation of highways and bridges. An act in addition to an act entitled " An act more effectually to protect the sepulchres of the dead, and to legalize the study of anatomy in certain cases," passed July 5, 1834. An act relating to the office and duties of librarian. An act to promote the increase of sheep in this State. A resolution requiring the warden of the state prison annually to deposit the vouchers of his accounts in tlie secretary's office, approved July 6, 1839. CHAP. 230.] ACTS REPEALED. 495 A resolution directing the publication of the laws in the Coos County Democrat, approved July 6, 1839. A resolution authorizing the town of East Kingston to choose a representative, approved June 27, 1839. ACTS PASSED JUNE SESSION, 1840. An act in addition to an act entitled " An act to incorporate the New Hampshire Asylum for the Insane." An act to exempt the town or Newington from the operation of the provisions of the first section of an act providing for the division of towns into school districts, and for the alteration of the limits of school districts in certain cases, passed July 6, 1839. An act to constitute the forty-second regiment. An act relating to railroad and other corporations. An act to establish the times and places for holding courts of probate in the county of Coos. An act in amendment of an act entitled " An act in addition to an act entitled ' An act for laying out highways,' " passed July 3, 1829. An act in amendment of an act entitled " An act for tlie limitation of actions and preventing vexatious suits." An act to provide for the choice of road commissioners. An act to amend the laws regulating divorces. An act suspending for a limited time the operations of an act entitled *' An act prohibiting the emission and circulation of bank bills of a small denomination," passed January 13, 1837. A resolution relating to the state arsenal at Lancaster. A resolution directing the publication of the laws in the Granite State Democrat, approved June 19, 1840. A resolution directing tlie mode of distribution of the journals, blanks, &c., ap- proved June 20, 1840. ACTS PASSED NOVEMBER SESSION, 1840. An act to constitute the counties of Belknap and Carroll. An act relating to primary schools. An act providing for the admeasurement of round ship timber. An act in addition to and in amendment of an act entitled " An act to provide for the choice of road commissioners." An act in amendment of an act entitled " An act establishing the times and places for holding courts of probate in tlie county of Coos," approved June 19, 1840. An act in addition to and amendment of an act entitled " An act relating to banks and banking and to establish bank commissioners for the State of New Hampshire," approved July 5, 1837. An act to abolish imprisonment for debt. An act in amendment of the laws now in force relative to the fees of trustees of debtors in actions before justices of the peace, and for other purposes. An act in addition to the several acts relating to tlie assessment and collection of taxes. An act to regulate the sale of hoops and staves. An act to locate and authorize the erection of the New Hampshire Asylum for the Insane. An act altering the places and establishing the times and places for holding courts of probate in the county of Grafton. An act to render railroad corporations liable for damages by fire or steam. 496 ACTS REPEALED. [TITLE XXX. An act in addition to and in amendment of an act entitled " An act regulating process and trials in civil causes." An act regulating the piling, hauling and removing of sea weed and rock weed from the sea shore in the towns of Hampton, North Hampton and Rye. An act in amendment of an act entitled "An act in addition to and in amendment of an act prescribing the duty and regulating the office of sheriff," passed June 29, 1829. An act in amendment of an act entitled " An act for laying out highways" passed July 3, 1829. An act in addition to former acts relating to the powers and duties of surgeons. An act providing for exemption in certain cases from military duty. An act authorizing towns to build and repair school houses in certain cases. An act in addition to an act entitled " An act empowering school districts to build and repair school houses," passed July 6, 1827. An act in addition to an act entitled "An act to prevent incestuous marriages and regulate divorces, and for the relief of married women and widows." An act in addition to and in amendment of an act entitled " An act for the support and regulation of primary schools," passed January 4, 1833. An act to amend the law relating to the transfer of personal property by mortgage. An act establishing a new proportion for the assessment of the public taxes. An act in addition to and amendment of an act regulating marriages and for the registering of marriages, births and burials, approved Dec. 12, 1832. An act in addition to an act entitled "An act for the support and regulation of pri- mary schools," passed July 6, 1827. An act constituting a committee on the library. An act to abolish the right to vote by proxy except in certain cases. An act to establish the times and places of holding courts of probate in the county of Sullivan. An act authorizing aliens to hold real estate. An act relating to railroad corporations. A resolution classing Pinkham's Grant with Jackson to choose a representative, approved, Dec. 4, 1840. A resolution classing the town of Carroll, Nash and Sawyer's Location, Hart's Location and Crawford's Grant to choose a representative, approved Dec. 4, 1840. ACTS PASSED JUNE SESSION, 1841. An act to divide the county of Grafton into two judicial districts. An act providing further remedies against fraudulent debtors. An act for the punishment of frauds. An act making further provisions in relation to trustees of debtors. An act in addition to an act relating to the organization of courts of justice. An act relating to judicial records. An act relating to the compensation of county solicitors. An act to render void the settlement of paupers gained under any law passed prior to 1796, and to prevent litigation. An act for the more speedy settlement of insolvent estates in certain cases. An act in addition to and in amendment of an act passed December 24, 1640, entitled "An act to prevent incestuous marriages and regulate divorces, and for the relief of married women and -Aidows." An act securing to.mechanics and laborers a lien on buildings, ships and other vessels. An act relating to the public money deposited with the several towns in this State. CHAP. 230.] ACTS REPEALED. 497 An act to limit tlie liability of bank directors, and to prohibit officers of banks from receiving compensation for services in certain cases. An act relating to railroads. An act to prevent betting and wagering on elections. An act establishing the fees of sheriffs for returning votes. An act in addition to and in amendment of an act entitled " An act for the regu- lation and government of schools in the town of Portsmouth," approved January 13, 1837. An act to prevent the destruction of fish in Winnipissiogee lake and the bays of the Winnipissiogee river. An act in addition to an act entitled " An act to constitute the counties of Belknap and Carroll." An act in addition to and in amendment of an act entitled " An act to constitute the counties of Belknap and Carroll," passed December 23, 1840. An act in addition to an act entitled " An act to constitute the counties of Belknap and Carroll." An act changing the place of holding one of the terms of the court of common pleas in the county of Strafford. An act establishing the times and places of holding courts of probate in the county of Straiford. An act altering the times and places for holding courts of probate in the county of Hillsborough. An act changing the time of holding the court of common pleas in Coos county. An act to divide the State into districts for the choice of senators. An act in addition to an act entitled "An act to establish the rates at which polls and ratable estate shall be assessed in making direct taxes," approved January 4, 1833. An act to provide further for the collection of taxes in certain cases. An act relating to collectors of taxes. An act in addition to an act entitled " An act relating to the public property in the arsenals at Portsmouth and Lancaster." An act to alter the time of calling out the militia for inspection. An act requiring a bond of the adjutant general. An act in favor of light infantry and other companies in this State. Resolutions authorizing the appointment of an inspector of military stores and other public property, and the mode of ascertaining deficiencies, approved July 3, 1841. A resolution requiring the bank commissioners to examine savings' banks in cer- tain cases, and report, and authorizing the governor to appoint trustees, approved July 3, 1841. SAMUEL SWASEY, Speaker of the House of Representatives. JOSIAH aUINCY, President of the Senate. APPROVED, DECEMBER 23, 1842. HENRY HUBBARD, Governor. 63 INDEX. Note. — The more important subjects will be found under the general heads ; and where the references are numerous, the subject matters under the general heads are arranged and referred to alphabetically, and designated by italics. Page. ABATEMENT of taxes 105,109 of nuisances 230, 231 ABATEMENT of suits, not by death . 376 nor by marriage 376 nor for misjoinder 376 nor for nonjoinder 376 nor for error of form 375 by one suing as administrator 320 on probate bond 336 defendant's name unknown 362 before justice, trial 347 ABDUCTION, forcible, punished. . .435 attempt at, punishment 447 ACCIDENT, chancery powers 340 ACCESSORIES, how punished 447 when may be tried .447 ACCOUNTS of public moneys 39 of sheriffs 356 of administrators 317 auditors to settle 382 against county 78 ACCUSED, rights of 12, 19,20 on capital trial 457, 458 ACKNOWLEDGMENT of deeds. (See Deeds.) 67, 69, 243, 244 ACQUITTAL bars prosecution 19 ACTS, list of repealed 476—497 to be published 26 approved by governor 30 when to take effect 46 original, where kept 47 publication of 47, 48 distribution of 48 of one state to have full credit in another , 10 ACTIONS AND PROCESS. .357— 374 Matement. See Abatement. Actions, where to be brought 358 on written contract only . . . .358, 359 ACTIONS AND PROCESS. Actions on bills or notes 359 against officer to be case 359 in case of escapes 359 for road damages 123, 124 for support of pauper 138, 139 against stockholders 286 or by administrator 319 on probate bond 336 against sheriff 355 coroners 356 general provisions for 358, 359 on bond given by debtor for re- turn of property 371 on replevin bond 371 non-entry of, liable for cost 374 on judgment, limited 385 Commencement of 358 of real actions 362 Entry of, not making, liable 374 Limitation of. (See Limitation.) 359 JVonsziit. (See Courts, proceedings in) 374 Pleadings, special not necessary . ..377 title before justice excepted .377 to be in English language 361 amendment of, allowed 376 in actions of review 375 in case of set-off 378 Repeal, how affected by 475, 476 Review. (See Review.) 386, 387 Scire facias. See Scire facias. Service. See Service. Set-off. (See Set-off.) 377, 378 Survivorship of, regulated .... 320, 376 in habeas corpus cases 408 Venue of, regulated 358 View in real actions granted 378 Writs, forms and requisites. . .361 — 365 in real actions to be summons or attachment only 362 500 INDEX. ACTIONS AND PROCESS. IVrits, service of. 365, 366 ADDRESS, removal by 36, 70 ADJOURNMENT of house 26 of senate 29 by governor 30 by governor and council 31 of probate court by judge 306 by register 308 of courts 344 justice courts 347 ADJUTANT GENERAL, appoint- ment 31 salary of 467 to give bond 181 general duties of 180, 181 to sue for injury to property .... 169 duty as to state arms 169, 182 to consolidate returns 172, 173 to review regiments, when 170 to pay expenses, vi'hat 172 AD LITEM, guardian 294,301 ADMINISTRATION of estates.. ..314 .Accounts, what embraced in 317 settlement of 305, 317 Jidminisiration, how granted 315 in what county granted . . . .305, 306 vacant, how granted 315 Administrator. See Administrators. Advancement, what deemed to be . . . 331 Assets, what are 317 Citations 310 Co-executor of minor 331 Debts due to estate 317 payment of 318 Embezzlement, proceedings on 319 Estates, what chargeable with 318 (See Distribution of Estates.) claims against, proved 318 Expenses, what and how paid 318 Real estate, administrator to take rents of, if estate insolvent. . . .317 license to sell procured 318 proceedings on 327, 328 set off to administrator 318 Revocation, for what reason 315 Vacancy in administration filled. . . .315 Waste, liability for 316 not redeeming property is 318 fraud in sales is 328 Wills to be filed in probate court 313 copy of foreign, filed 314 ADMINISTRATORS. Actions, by and against 319, 322 ADMINISTRATORS. Actions, limitation of 320 if estate insolvent 320 appeal from commissioner 325 reviews on, not allowed 326 on contract of, not unless in wri- ting 358 body not liable on 372 not until after demand 320 Administrator includes executor. . . .314 who may be appointed 315 may require bond to repay 334 not liable to arrest 372 may compound claims 317 Appoititnicnt of 315 Bojid to be given 315, 316 condition of. 315 surety on, when discharged 326 fraud is breach of 328 Claims of, how adjusted 317 Duties, general, of 317, 318 to give bond 315 to return inventory 317 to account for property 317 to receive rents 317 to redeem property 318 to sell property 318 to procure license to sell . . .327, 328 to fulfil contract to convcj' real estate 328 to take receipts 332 Executor, Administrator includes. . .314 to file will in probate court 313 to accept or refuse trust 313 neglect, penalty 313 in his own wrong 315, 316 of executor, not executor 315 Executrix, marriage of, extinguish- ment of trust 315 Heirs, wlio are and how paid.. 331, 332 receipts of, to be taken 332 to give bond to repay 334 Tnsoh-ent estate, to be decreed 322 action against, suspended 320 collateral security sold 323 claims against, alio we'd 324 commissioners paid by 324 if no property, settled, how 324 surety on, when discharged 326 .JYotice to be given 316, 317 Real estate to take rents of, when.. 317 set oft' to, disposed of 318 license to sell, by whom granted. 31 8 proceedings on 327, 328 INDEX. 501 ADMINISTRATORS. Removal of, when and how 315 Sale of real estate by 327, 328 IVaste, fraud in sales deemed to be. 328 not redeeming property, is 318 liability for 316 ADMINISTRATRIX, marriage of. .370 ADULTERY, punishment of . . .444, 445 ADVANCEMENT. (See Descent.). 231 AFFIRMATION means oath 45, 69 false, IS perjury 441 AGE of judges and sheriffs GU for military duty 156 of consent 292 AGENTS, TOWN, chosen 97 in case of partition 414 AGREEMENTS. See Contracts. AGRICULTURAL society formed. 264 AID, officers may require 354 j ustice may require 449 or health officers 231 penalty for not giving 354 AID DE CAMP. See Militia. ALIENS are ratable polls 89 are not voters 81 may hold lands 242 penalty for voting 84 wife and child of 296 ALIMONY, how granted 36, 294 security for, required 295 trustee for, appointed 295 ALLEGIANCE, oath of 37 ALLOWANCE to widow 329 AMENDMENT of constitution 40 of record or retui'n of votes 91 of process in courts 362, 376 ANIMALS, cruelty to, punished 446 how taxed 102, 104, 108 wild, bounty on 240 fur-bearing, protected 241 dogs regulated 241 impounding of 2.56 stray, what are 260, 261 APPAREL exempt from attachment. 367 from distress 110 of deceased person 317 of widow and minors 31 7 APPEAL from justice in civil cases. . .36 proceedings thereon 346, 347 on landlord and tenant act 425 from justice in criminal cases . . . .448 on police complaints 223 from commissioners 325 from probatf to superior court. 36,338 APPEAL in case of military fines ..165 APPOINTMENTS, executive 31 APPRAISERS of estates 317 of property attached 370 of strays 260 of damages by floating timber ..259 of damages by cattle 257 on executions 393 APPRENTICES 302—304 how bound out 302 indenture, eifect of 303 when forfeited 303 penalty for misconduct 303 assault of master. . .303 running away 303 enticing away 304 neglect to teach ....304 Pauper, town, how bound as 138 county, how bound as 140 AQUEDUCT association, formed... 284 ARBITRATION, submission to 426 before a justice 428 ARMS exempt from attachment . . . .160 distress 160 State 169, 182 ARMY, STANDING, dangerous 21 ARRESTS AND BAIL 372—374 .Irrest for tax of residents 110 for tax of non-residents Ill for military fine 164 Arrest on mesne process. on town meeting day forbidden. .372 legislators not liable to 4, 36 administrator not liable to 372 females not on contract 372 soldiers not liable, when 372 sheriffs " " " 372 defendant in real action 372 not, if damages under $!l3-33 372 not on debt since March 1, 1841 .372 allowed on affidavit, when 373 after entry of action, when 373 debtor discharged not liable 401 Jlrrest on cxecudon. liable 30 days after judgment. . . .373 after surrender by bail 399 not liable within one year, if 399 debtor discharged not liable 401 Jlrrest in criminal cases. by officer 353 by police officers 224 by watchmen 225 Discharge from, on writ, how 373 from, by court, liow 373 502 INDEX. ARRESTS AND BAIL. Discharge from, after commitment. 373 unless taken within 30 days 373 by giving bail. (See Bail.) 373 Discharge, by payment of execution 389 if in jail, on giving bond 399 for non-payment of board 399 ARSON, punishment of 435 attempt to commit 447 ARTILLERY. See Militia. ASHES, pot and pearl, inspection. ..204 Brand of casks by inspector 204 by manufacturer 204 illegal, penalty 205 Casks, quality of 204 branding of 204 Exportation, inspected before 204 without inspection, penalty 205 seizure and trial 205 coastwise regulated 205 Fees for inspection 204 Inspector, appointment of 188 includes deputies 188 duty to inspect 204 neglect of, penalty 205 seizures by, when 205 Penalty for neglect to inspect 205 branding illegally 205 shifting or mixing 205 hindering inspector 205 refusal to aid inspector 205 Sorts of, determined 204 ASSAULT AND BATTERY 443 with intent to kill, &c 434, 447 ASSESSMENT of public taxes 24 of state tax 63 of town taxes. See Taxes. ASSESSORS, choice of 96 in unincorporated places. . . . 27, 101 ASSIGNMENTS by debtors 251 to be equal and under oath 251 of dower by judge 329, 333 by officer 412 expense, how paid 318 ASSISTANCE. See Aid. of prisoner to escape 442 ASSOCIATIONS, voluntary 283 agricultural association 284 aqueduct company 284 cemetery association 284 fire engine company 284 insurance company 284 library association 284 literary association 284 ASSOCIATIONS. lyceum association 284 military company 187 musical association 284 public walk 284 religious society 281 scientific association 284 ASSUMING to be officer 443 to be fireward 216 ASSUMPSIT by copartner 358 by cotenant 358 by inhabitants of towns 397 ASYLUM FOR THE INSANE 55 incorporation of. , 55 trustees, appointment 55 duties of. 55 not to be paid 56 officers of 56 report on condition 56 visitors of, who are 56 duties of. 56 insane, how sent 56, 57 support of 56, 57 discharge of 57 property of, not taxed 57 ATTACHMENT AND ATTACH- ED PROPERTY 367—372 Appraisal on sale regulated 370 choice and duty of appraisers . . .370 return of doings made 370 of property returned 370 Mtachment, foreign. See Trustee. Corporation, of shares in 369 property of, how seized 369 franchise of. 369 Dissolved, attachment, when 371 not by defendant's death 371 if not seized within 30 days after judgment 371 not by neglect to retain posses- sion in certain cases 369 by insolvency of estate 320 E(jiiitij uf redemption, attached . . . .368 tender of amount due 368 rights of creditor 368 Exemption, what, allowed 367, 368 Franchise, how attached 369 Mortgaged property attached 369 right of creditor in. 369 amount due to be stated 369 neglect, penalty 369 Personal proper! ij, what to be 367 wiiat exempted 367, 368 mortgaged, liable 36!) INDEX. 503 ATTACHMENT. Personal property, bulky, &c., how attached 369 pews are deemed to be 369 sales of, regulated 370 Pews 369 Property, what liable to 367 what is exempted 367, 368 interest in, what seized 368 debtor's right to be conveyed to creditor, how 368 subject to claim, &c 368, 369 difficult to be removed 369 mortgaged, liable 369 returned to owner, when 370 proceeds of, still liable 370 replevied,, still liable 370 bond for benefit of creditors 371 suits on, what 371 how long holden 371 , 372 proceeds of, how restored 371 Real estate, meaning of word 45 how attached 368 what secured by 368 change of title, effect 369 contract for, liable 368 Replevin, property taken 411 liable as if not replevied 370 Sales on mesne process 370 appraisal and return 370 Writ of, form of. 362 and capias, form 363 ATTAINDER, bill of 6, 20 effect of 10 ATTEMPT to commit crime 447 hiring to attempt, penalty 447 ATTESTATION of deeds 243 of wills 311 ATTORNEY, admission of 351 oath of 351 appearance by 351 judge not to be 352 removal of 352 sheriffs not to act as 356 fees of 472 power of 243 tender to 377 ATTORNEY GENERAL, appoint- ment 31, 66 to give bond 66 bond, how kept 67 to render account 67 salary of. 468 exclusion from office 39 ATTORNEY GENERAL. duties of, general 66 if grant forfeited 409 if charter forfeited. . .266, 269 AUDITA QUERELA 340 AUDITORS, appointment of 382 • oath and duties of 382 report of, goes to jury 382 party neglecting to appear 383 judgment on report 383 compensation of, how paid 383 BAIL, excessive, forbidden 13, 22 reduced on habeas corpus 407 how taken on mesne process . . . .373 on execution 398 may surrender principal 399 to give notice 399 discharge by oath of debtor 401 by producing body 402 by neglect to notify 402 by surrender 402 before justices 403 notice to, must be given 402 action against 402, 403 costs on, how paid 403 in actions before justices 403 BALLOTS, what are deemed 83, 84 BALLOT BOXES provided 83 BANK COMMISSIONERS. (See Ba7iks.) 265 BANKS. (See Corporations.) 262 Jlssignee, when appointed 267 powers and duties of. 267 to give bond 267 bond of, how sued 267 to distribute assets 268 compensation of 268 Bills of private bank, void 263 penalty for issuing 263 bank, issue regulated 263 neglect to pay, penal 263 denominations allowed 264 issue of, limited 264 altered, to be paid. 264 counterfeiting of. 439 Capital, return of, made 265 tax on, ordered 154 Cashier, choice and oath of 288 to make returns 265 not to be indebted 268 not to be a director 288 to be an inhabitant 288 Charter, banking without, penal . . .263 504 INDEX. BANKS. Charter, forfeiture by over issue . . .964 by paying divi- dend 264 by suspension ..260 how vacated 266, 269 Commissioners, appointment of . 265 general duties of 265 — 270 duties as to savings banks 270 Belts, return of, made 265 in case of suspension 266 duty of assignee 268 books of, open to inspection 288 stockholders liable for 286 Directors, indebtedness limited . . . .269 penalty for owing more 269 guaranty of loan void 269 number of, limited 288 cashier shall not be 288 Dividend, not after suspension 264 Injunction, when and how issued . .266 effect and duration of. 266 how dissolved 267 to restrain creditors 268 Loans to directors limited 269 to cashier forbidden 268 guaranty by officers void 269 Meetings. See Corporations. Penalty for private banking 263 neglect to redeem bills 263 issuing bills with condition 263 less than one dollar 264 what denominations 264 not making returns 265 making false entries, &c 268 embezzling money 268 paying fraudulently 268 taking fee for loan 269 how recovered 269 Private banking forbidden 263 members liable 263 bills issued, void 263 Proceedings open to inspection . . . .288 examination authorized 289 Returns made by cashier 265 neglect to make, penalty 265 Savings, examined 270 injunction against, issued 270 business closed, how 270 Stockholders. See Corporations. Suspension, dividend forbidden 264 debtors may suspend, unless . . . .264 forfeiture of charter 266 Tax for literary fund 1 54 BANKS. Voting, regulation of 268 proxy forbidden 208 BASTARD CHILDREN 141, 143 complaint by mother, how made. 141 warrant thereon, issued 141 band to answer required 141 mother a witness, when 142 bond for maintenance 142 town may prosecute 142 costs of prosecution, how paid . .142 poor debtor's oath taken 142 respondent escaping, arrested . . .143 settlement of 136 heirs of, who are 331 to be heirs of their mother 331 BATTERY. See Assault. BEARS, bounty on 240 BEASTS, Stray 260 BEAVERS, protection of 241 BEDS exempt from attachment 367 BEEF AND PORK, inspection. 189— 194 Barrels for beef, quality ^ . . .190 to be branded 191 for pork, quality 192 to be branded 192 Brand of beef, sorts 190 for the United States 190 barrels to be branded 191 of po7-k, sorts 191 counterfeiting, penalty 192 Coasttcise, Chapter embraces 193 Deputies, included in Inspector . 188 Exportation of beef regulated 189 of pork, regulated 191 not, until inspected 193 certificate for 193 if not inspected, penalty 193 seizure and trial 193 oath of master 193 Fees for inspection 192 for certificate 193 of weighers of beef 194 Forfeiture for violation of law 193 Inspector, appointment of 188 to inspect when required 189 return of inspections made 189 fees of ....192,193 Master of vessel, oath of 193 Packing of beef regulated 189 salting regulated 190 for United States 190 of pork, regulated 192 Penalty for branding illegally 192 INDEX. 505 BEEF AND PORK. Penalty for inspecting out of limits 192 neglect or fraud 192 shifting or mixing 192 exporting beef or pork not inspected 193 selling or buying beef not weighed, when ..194 Quality of beef prescribed .189 Sorts of beef determined 190 of pork determined 191 Weighers of beef appointed 194 certificate of weight 194 fees for 194 penalty for violation 194 BEGGING, punishment of. 226 BELKNAP COUNTY, boundaries... 72 jail in Strafford for 463 BENEFIT OF CLERGY 458 BETTERMENTS, plea of, filed 384 amount, how determined 384 judgment to be conditional 384 BETTING on elections forbidden ... .92 money won, recovered back 92 winning by, punished 446 BIGAMY, punishment of 445 BILL OF RIGHTS 17 BILLIARD TABLE forbidden 446 BILLS OF EXCHANGE, grace on.. 359 notarial duties on 68 of credit, forbidden 7 of attainder, regulated 6 private, not to circulate 263 BIRTHS AND DEATHS, record of.239 fees for, paid by town. 240 penalty for not making 240 BLANKS for returns of votes 64 for military officers . . . 172, 181 where deposited 64 for probate office 308 BLASPHEMY, punishment of 445 BOARD OF HEALTH. See Health, &c. BOARDS, survey of (See Lumber.) .207 encumbering road 130 BODIES OF THE DEAD. See Dead BODY. BONDS of officers. See under each. probate. See Probate bond. judgment on conditional 384 scire facias on 384 BONFIRES, penalty for making ... .221 BOOKS, School, not attachable 367 provided for poor . . .151 64 BOOKS, School. not to be sectarian 151 how determined 151 BOUNDARY of counties 71, 72 western, of State 100 of towns perambulated 1 00 BOUNTY on wolves, wildcats, bears. 240 to be repaid by State 241 BOWLING ALLEYS regulated. .. .446 BREACH of the peace, penalty 443 justice may arrest for 449 BREAD, weight regulated 212 BREAKING and entering buildings. 436 BRIBERY excludes from office 40 BRIDGES. See Highways. included in Highways 45 town, by-laws for, when 133 injur}' to, punished 131 toll, by-laws for, made 133 BRIEF STATEMENT to be filed. . .377 BRIGADE. See Militia. BUILDINGS encroacliing on high- way 132 in case of fire 217 if decayed and dangerous 217 used for noxious trades 231 burning of, punished 435 attempt punished 447 taxation of J 02 BURGLARY, punishment of 436 attempt to commit 447 BURIAL PLACE, injury to, punish- ed 445 incorporation of 284 right in, not attachable 368 BURNING of boards, &c 436 of buildings 435 attempt punished 447 BUTTER AND LARD, inspection of 195—197 Brand of casks, quality 195 weight 196 neglect of, penalty 196 counterfeiting, penalty 197 Casks, quality and size of 195 branding of 1 95 to be saturated with brine 196 weight of, branded 196 Exportation, to be inspected before. 195 certificate required 196 oath of master 196 Fees for inspection 196 for certificate 196 Forfeiture if not inspected 1 96 506 INDEX. BUTTER AND LARD. seizure and trial 196 Inspector includes Deputy 188 to inspect butter or lard 195 neglect of, penalty 197 fees of 196, 197 Master of vessel, oath of 196 Penalty for exporting illegally 196 branding illegally 197 shifting or mixing ... .197 Quality of butter or lard 195 BY-LAWS of towns, how made 93 of voluntary associations 284 of manufacturing companies. . . .271 of religious societies 281 of military companies 1 87 for bridges 133 for poor farm 137 for house of correction 225 dogs, concerning 241 proprietors of common lands 277 CAPIAS, writ of, form 363 CAPITAL CASES, indictment in.. .12 rights of prisoner 12, 457, 458 punishment, how inflicted 458 two justices of S. J. C. to try if .342 CAPTAIN. See Militia. CAPTION of deposition 381 CARRIAGES, taxation of 102 CARROLL COUNTY, boundaries... 72 jail in Strafford for 463 CASE, action against officer to be. . .359 CASHIERS. See Banks. CATTLE, by-laws for, in town 93 damage feasant 256 strays, damage feasant 261 maiming of, punished 436 cruelty to, punished 446 CAVALRY. See Militia. CEMETERY, incorporation of 284 right in, not attachable 368 injury to, how punished 445 CENSUS, when and how taken 3 taxes in proportion to 6 CEREMONY in swearing 69, 380 CERTIFICATE of age of judge, «fec-69 of inspection. See Inspections. of disability. See Militia. CERTIORARI, how issued 340 CHALLENGE to jurors 458 CHANCERY powers of S. J. C. . ..340 See Court, Superior. on forfeiture of grant 409 CHARCOAL, measure for 214 CHARITABLE USES, in equity.. .340 property holden for 282, 283 CHARTERS may be amended, «fcc. (See Corporations.) 290 CHASTITY, «fcc., offences against. .444 CHECK-LIST. (See Elections.) ... .82 to be posted up 82 correction of 83 to be used in voting 83 lodged with town clerk 84 in classed towns 90 CHESHIRE COUNTY, bounds of. ..71 CHILDREN not having a legacy .... 332 posthumous to inherit 332 under 7 years, support of 324 settlement of 136, 137 pauper, bound out 138, 140 to maintain parents 138 CITATION. (See Administration.) . .^W CITIZENS' rights in other states 10 CLAIMS. See Demands. CLAMS, packing of 203 CLAPBOARDS, inspection of 208 fees for 209 CLASSED TOWNS, provision for... 25 election in 90 list of 91 CLERK OF COURT, appoint- ment 37,345 to give bond and be sworn 345 not to be register or treasurer .... 345 to account for money received. .345 to make out process for fines .... 345 penalty for neglect 345 to give copies of papers 345 to keep their offices, where 345 to issue venires for jurors 349 neglect of, penalty 349 to issue summons for witness 379 fees of 471 duty as to convicts 465 county tax 80 CLERKS OF TOWNS. See Town CLERK. of corporations. See Corpora- tions. of proprietors. See Proprie- tors. of school districts. See Schools. of legislature. See Legislature. CLOTHING exempt from attach- ment 367 from distress 110 INDEX. 507 CLOTHING furnished convicts 466 if infected 234 of deceased persons 317 of minors and widows 317 CODICIL included in will 45 COHABITATION, unlawful, pun- ished 445 evidence of marriage, when 297 COIN, gold and silver, a tender 7 congress to regulate 5 counterfeiting 440 COLLECTION OF TAXES. See Taxes. COLLECTORS of taxes, choice of.. 97 oath of office 97 to collect school tax 108 to give bond 99 vacancy, how filled 99 not compelled to be 98 compensation of 99 name returned to state and coun- ty treasurer 109 may appoint deputies 112 powers and duties of 110 — 115 fees of Ill, 114 illegal, penalty 114 to collect highway tax 127 extents against 116, 117, 397 actions against Ill COMMISSARY GENERAL, choice. 35 duties of 169, 182 to appoint deputy 182 COMMISSIONS, form of 38 tenure of office expressed 36 COMMISSIONERS, BANK. See Bank. COMMISSIONERS, ROAD. See Highways. COMMISSIONERS in other states. appointment of 68 oath and duties of. 68, 69 COMMISSIONERS of insolvency. See Insolvent estates. COMMON FIELDS, fences for.... 255 tax for, how assessed 256 lines run and marked 256 COMMON LANDS. (See Proprie- tors of common lands.) . . . 277-^281 COMMON LAW, in force 39 COMMON PLEAS. See Court of. COMPLAINT, filed in vacation 377 notice on, how given 377 before justice to be on oath '.449 limitation of. 430 COMPLAINT. for not entering action 374 COMPENSATION of officers. See under each, of prosecutor 459 COMPUTATION of money 40 of time 45 CONCEALING death of child 434 fraudulent, of property 438 stolen property 437 CONFESSION of debt regulated.. .428 of damages on suit 377 CONGRESS, powers of 5, 6 CONSCIENCE, rights of 17, 19 CONSTABLES, choice of 97 town meetings, to warn 94 to keep order in 96 to notify town officers 98 to give bond 99 compensation of. 99 powers and duties of 357 action on bond of. 357 not compelled to serve 98 CONSTITUTION OF N. H 15—41 how amended 40 prefixed to statutes 41 ratification of 41 CONSTITUTION OF U. S 1—14 how amended 1] supreme law 11 CONSTRUCTION of statutes 44 rules, when applied 46 CONTAGIOUS DISEASES 232 See Health officers, Quaran- tine. CONTEMPT of witnesses 379 punishable by legislature 26 by court martial 184 CONTINUANCE. See Courts, proceedings in. CONTRACTS, not to be impaired 7 when must be in writing. . .358, 359 joint and several 321 CONTRIBUTION by inhabitant on extent 117 by legatees and devisees 332 CONVENTION to revise constitution 40 county, how holden 80 CONVEYANCE. (See Deed.) 243 of real estate 242—245 defeated by writing only 245 of debtor's interest in land 368 right to, sold on execution 396 CONVICTS, how committed 465 508 INDEX. CONVICTS. assaults by, punished 465 rewarded and punished, how . . . .406 clothes, &c., furnished 466 in custody on civil process 466 of United States, received 465 regulations for, made 464 liable for costs 459 for life, are dead in law 459 branded on second offence 459 conveying tools to 442 aiding escape of 442 COOKING STOVE not attachable .367 COOS COUNTY, boundaries of 73 COPARCENARY abolished 242 COPARTNERS, chancery powers as to 340 suits between, regulated 358 COPIES, fee for 283, 471 of case, who to produce 346 may be agreed on 345 to be filed in criminal cases 449 CORD WOOD 211 CORONERS, appointment of 31 Action against, to be case 359 Bonds to be given by 356 action upon 356 Fees o? 473 Inquest held b\', mode 453—456 form of 456 body to be buried 456 costs, how paid 456 justice notified 456 Powers and duties of 357, 453 CORPORATIONS, general provi- sions concerning 285 — 200 when to take effect 290 Action against stockholders 286 declaration, form of 287 service of writs on 366 attachments on 369 Charter continued, how long 289 amendment or repeal of 290 Clerk to be inhabitant 288 to be sworn 288 to give copy of record 288 fees for 288 neglect, penalty 289 fees of 288 Corporations, towns are 93 school districts are 145 counties are 76 parishes are 93 military companies, when 187 CORPORATIONS. Corporations, religious societies .281 voluntary associations 284 common lands 277 Debts, stockholders liable for 286 demanded of corporation. ...... .286 Debts, suit for recovery, when 286 evidence of, examined 288 Execution against, proceedings . . . .286 Franchise, taken for highways 119 attachment of 369 sale of, on execution 391 Meetings to pay debts, called 286 penalty for not calling 286 special, how called 288 annual, changed 289 Officers to give in invoice 106 penalty for neglect 107 clerk to be inhabitant 288 cashier to be inhabitant 288 clerk and cashier sworn 288 fraud of, penalty 290 to assist slieriff in attachment of shares, &c 392 Records open to inspection 288 clerk to give copy 288 copy given to sheriff 392 Shares, transfer, when valid 287 record of, by town clerk 287 fees for 287 to be evidence 288 when to be taxed 102 where to be taxed 104 appraisal for taxes 1 07 attachment of 369 sale of, on execution 392 Stockholders personally liable 286 actions against, regulated 286 declaration in 287 to have contribution 287 list of, given to town clerk 287 neglect, penal t}' 288 administrator, rights of 289 liability of 269 Taxes, property, when liable to. . . .102 where to be assessed 104 officers to give in invoice 106 lien on property for 1 05 appraisal for 107 notice of, given 110 collection of Ill To7cn clerk to record transfers 287 Voting in, regulated 289 by proxy, forbidden 289 INDEX. 509 CORPORATIONS. Pooling, fraudulent, penalty 289 CORRECTION, houses of. See House of correction. COSTS in civil actions 385 to follow event of suit 385 in suits on judgments 385 if several suits brought 385 not to exceed damages, when .. ,385 in trespass to real estate 385 if less than $13-33 recovered 385 security for, ordered 3S5 limited and allowed, how 385 for non-entry of action 374 in case of set-off 378 before auditor 3S3 on review, regulated 387 on poor debtor's petition 401 on suit against bail 403 on partition of lands 415 reference of disputes 428 in criminal cases 430, 459 how paid 451 on forfeiture of jiroperty 432 of coroners' inquests 456 Highways, laying out, how paid . . .124 on increased damages 121, 123 on road indictment 125 witnesses, when taxed 125 how collected and paid 125 COTENANTS, actions between 358 COUNCIL 33 districts 34,73 records of 34 COUNSELLORS, choice of 33 qualifications of 34 vacancy, liow filled 34 compensation of 469 travel of, paid 470 COUNTERFEITING punished. 439, 440 bank bills, making 439 passing 439 making tools, &c., for 439 evidence necessary 440 coin, making or passing 440 making tools, &c., for 440 COUNTIES, division into 71 Rockingham, boundaries 71 Strafford, " 71 Hillsborough, " 71 Cheshire, " 71 Sullivan, " 72 Grafton, '« 72 Merrimack, " 72 COUNTIES. Belknap, boundaries 72 Carroll, " 72 Coos " 73 Grafton, division of, into judicial districts 73 COUNTIES are corporations 76 property of, care of 76 suits by or against 76 executions against 76, 80 expenses, how paid 78 blanks for probate officers 308 fire-proof safes provided 307 service of process on 366 liable for escapes 462 costs, when paid by. (See Costs.) 78,451 fines belong to,when. (See Fines.) 430 COUNTY, meaning of word 45 COUNTY CONVENTION 80 COUNTY OFFICERS, election of ..76 meeting for choice of 76 qualifications of voters 76 officers to be chosen 77 who eligible 77 resignation of 77 removal of 77 vacancy in, filled 77 oath of office 69, 77 returns of votes for 77 election, how determined 77 COUNTY PAUPERS. (See PrtMj7er5.)139 COUNTY REVENUE 80 statement of wants 80 tax, grant of 80 collection of 80 COUNTY TAX, grant and collec- tion of 80 COUNTY TREASURER. (See Treasurer, county.) 78 COURTS, proceedings in 374, 387 Matement, not for formal error 375 not for nonjoinder 376 nor for death of party 376 nor by marriage 376 nor if suing as administrator 320 nor by death of judge of probate 336 nor if defendant's name unknown 362 Jimendment of errors of form 376 in matters of substance 376 by striking out defendant 376 Auditors. (See Auditors.) 382 Confession authorized 377 Continuance if no notice given . . . .375 510 INDEX. COURTS. Continuance of actions before justice 375 administrator entitled to 321 on set-off, entitled to 378 Costs. (See Costs.) 385 complaint for, filed 374 in case of set-off 378 before auditors 383 how and when allowed 385 Damages on default 375 in actions of review 387 on bonds 384 on mortgages 384 Default, what is deemed to be 375 judgment on, rendered 375 when struck off 375 Depositions. (See Depositions.) 379, 382 Entry of action, costs for neglect. .374 Evidence 379, 382 summons to witnesses 379 depositions, how taken 379, 382 extracts, wlien used as 116 copies, when used by 345 Judgment, on nonsuit 374 on default 375 if defendant absent 375 in case of set-off 378 to be in dollars and cents 383 interest computed 383 in case of betterments 384 on bonds or mortgages 384 JV'ejc trial. ( See Review.) 386 Nonsuit, costs for defendant, on 374 Notice, if defendant absent 375 special, how given 375 by justice, how given 375 order of, by court, mode 376 issued in vacation 377 of set-off 378 Plea, special, not necessary, except a plea of title before justice . . . .377 in reviews before justice 375 of set-off 378 Revicto. (See Review.) 375, 386 Set-off regulated. (See Set-off .) 377,378 Tender to attorney of plaintiff 377 a bar to proceedings 377 Vacation, petitions filed in 377 COURTS OF COMMON PLEAS. Adjournment, when and how 344 Clerks. (See Clerks of courts.) .... 344 Costs. See Costs. Exceptions, when and how taken — 343 proceedings thereon 343 COURTS OF COMMON PLEAS. Jurisdiction of, general 342 violation of license law 228 religious meetings 229 police offences 223, 226 hawkers and pedlers 239 shows and exhibitions 239 appeals from justices 342, 448 in capital trials, two justices of su- perior court to attend 342 issues of fact sent from superior court 343 in case of highways 120 gates on roads 132 ferries 135 small pox 233 in the abatement of taxes 109 in reference of disputes 427 in case of auditors 382 sheriff 's bond 353 county property, &c.. .76 may remit fines 462 Justices, circuit, number of. 342 salaries of. 468 county, number of 342 salaries of 468 who shall preside 342 quorum, what constitutes 342 not to sit on trial, when 343 JVeio trials, granted by superior court 340 Rules for court, how made 341 Terms, when and where holden 343, 344 change of, effect 344 Writs. See Writs. COURTS, Superior. Adjournment, when and how 344 Chancery, powers of • • 340 in case of charitable uses 340 trust or fraud 340 accident or mistake . . . 340 copartners, cotenants . .340 mortgages 340 assignment of dower. .340 secreting property. . . .340 specific performance . . 340 discovery 340 injunctions 340 creditor's bill 396 Clerk. (See Clerks of courts.) 344 Decision of, how certified to court of common pleas 343 Districts, State divided into 341 court sitting in, power 341 INDKX. 511 COURTS, Superior. Districts, clerks of, powera 341 Injunctions against father 294 against husband 294, 297 against bank 266 creditors of 268 powers in case of 340 Issue of fact sent to court of com- mon pleas for trial 341 Jurisdiction, general 339 — 341 of divorce and alimony 36, 294 child of alien to protect 297 • in cases at common law 340 of writs of error 340 certiorari 340 mandamus 340 quo warranto 340 injunction 340 habeas corpus 340 of probate appeals 36, 338 petitions for review 340 new trial 340 on mortgages 340 for partition 340 forfeiture of grant 340 cases transferred 340 as a court of equity 340 issues of law from common pleas 343 Jury, none to be sumaioned 340 Justices, number of 340 salaries of 468 quorum of 341 two, to try indictment for murder 342 Probate appeals, trial of 338, 339 Rules of court, how made 341 Terms, when and where holden. . . .341 Writs. See Writs. COURT OF PROBATE 305 Adjournment by judge 306 by register 308 Administration, grant of 305 Appeal, how and when allowed. . . .338 proceedings thereon 338, 339 if judge interested 306 Bonds. (See Probate bond^.) 335 Citation, issue and service of. 310 Costs on suit 6n probate bond 337 on review thereof 338, 339 Decree of, when to take effect 339 Guardian of minor appointed 298 of insane person 299 of spendthrift 299 of child of alien 297 by whom appointed 305 COURT OF PROBATE. Judge, construction of word 305 jurisdiction of 305, 306 compensation of. 306 if interested, proceedings 306 salary of - 468 Jurisdiction, general, of 305, 306 husband and wife, as to 296 child of alien, guardian 297 guardian of minors, &c 298 — 302 probate of wills 313, 314 trust estates 334, 335 JVotice, when to be given 310 service of, how made 310 Oaths, how may be taken 306, 323 Partition, if no dispute as to title 305 proceedings thereon 415, 416 Proceedings to be by petition 305 in what county to be 305, 306 if party unable to attend 306 if j udge interested 306 notice when and how given 310 Record, probate is a court of 306 of proceedings, how 307 Register. (See Register of probate.) . 307 Superior court, to try appeals 338 powers and duties of 338, 339 Terms of, when and where hold- en 308, 309 Wills, probate of. 313, 314 Witnesses, depositions when used.. 306 to wills essential 311 if incompetent 314 COURT, GENERAL. See Legis- lature. COURTS MARTIAL.when ordered. 183 proceedings in 183 — 185 COWS, taxation of 102 exempt from attachment 367 CREATURES. See Animals. CRIMES, general provisions 447 offences against the State 432 the life or person 433 property 435 public justice — 440 the public peace. 443 chastity, &c. ...444 public policy. . . .446 forgery and counterfeiting 438 acessories to, punished 447 attempt at commission of 447 procuring commission of 447 punishment of. See Punishment. 512 INDEX. CRIMINAL PROCEEDINGS 446— 460 Jlrraignment of prisoner 458 if standing mute, effect 458 Capital trial, rights of prisoner. . . .457 challenges regulated 458 Challenge of jurors regulated 458 not allowed by State, if 458 Indictment, when necessary 457 for second or third offence 459 if offender insane 4G0 where to be found 20, 457 intent, liow alleged 459 Jury, list given to prisoner 457 jurors challenged, how 458 Offender, rights on capital trial 457 challenge of jurors 458 punishment of. 458, 459 Prosecutor may be witness 459 entitled to compensation 459 Punishment. (See Punishment. )A5S, 459 Trial, where offence committed 20 exceptions to the rule 457 if offender insane 460 Witnesses, list on capital trial 457 complainants may be 459 CRIMINALS. See Fugitives— Pri- soners. CRUELTY, a cause of divorce 293 to animals, punished 446 CULLERS. See Staves— Hoops. CURTESY, lands subject to 331 DAMAGE FEASANT, beasts taken up 2.5G, 261 DAMAGES in suits for dower 412 from insufficient fence 255 by horses and cattle 256, 261 by floating timber 259 by laying out roads 120, 122 by defect of road 130 by discontinuing road 126 DAMS AND MILLS, repairs of 251 DEACONS, trustees of church, when 282 conveyance by 283 DEAD BODIES, how disinterred. . .445 how ordered by justice 450 digging up, penalty 445 inquest on. (Sec Coroners.) ....453 DEATH, punishment of 458 DEATHS, to bo recorded 239 fees for, paid by town 240 penalty for not recording 240 eflfect on suits. See Abatement. DEBATE, freedom of. 12, 21 DEBTORS, Poor, relief of 399 Application to take oath 400 hearing on, ordered 400 refused in what cases 401 if refused, cost taxed 401 new, not till cost paid 401 on fine for larceny 437 Arrest for military fine 164 on mesne process 373 on execution 399 after discharge forbidden 401 Bail on mesne process 373 may surrender debtor 3^ Bond on militai-y fine 164 after arrest on execution 398 to be approved 398 sureties, how discharged 398 when liable 399 Z)eii not discharged, body is 400 Discharge by giving bond 398, 401 by remaining at jail 398 by neglect to levy 399 by not paying jail charges 399 by taking oath 400,401 not by giving bond if 399 refused if fraudulent 400 on suit for wilful injury 401 in case of larceny 437 Justices, petition to, to take oath. . .400 order of notice thereon 400 examination by, how made 400 to appraise property 400 to refuse discharge, when 400 application refused, if 401 to allow costs 401 JVotice to creditor, how given 400 Oath in case of military fine 164 when administered, form 400 certificate of 401 no persons incompetent 401 Property of debtor .assigned 400 appraisement thereof 400 if creditor refuses to take 400 fraud of debtor, penalty 400 Support of debtor in jail 399 Surrender. See Bail. by sureties on bond 399 DEBTS MUTUAL. See Set-off. DECENCY, offences against 444 DECLARATION on probate bond. .336 to be in English language 361 amendment of, allowed 376 against stockholders 287 Acknowledgment of deed 243 INDEX. 513 DEED. ^Acknowledgment, want of, remedied .244 before notary public 67 commissioners 69 Aliens may hold and convey 242 Attorney, conveyance by 243 power of 244 recorded 244 Common, tenancy in, how created .242 Construction of " grantor," grantee"45 if greater estate conveyed 242 Conveyance of estates in tail 242 by and to aliens 242 of too large estate 242 form and requisites of. 243 by corporations 243 to be recorded 243 to be acknowledged 243 to be in writing 244 by married woman 296, 297 of debtor's right compelled 396 Coparcenary abolished 242 Estates in fee tail conveyed 242 remainder, &c. barred 242 created, &c., by writing 244 Expectant estates, how barred 242 Form of, general .243 by collectors 114 by sheriffs. 395 " Grantor," '■'■grantee," meaning of. .45 Joint tenancy, how created 242 Married woman, by 296, 297 Mortgages . (See Mortgages.) 245 Record of conveyances 243 of powers of attorney . .' 244 may be compelled 244 Remainders and reversions barred. .242 Tenants in tail, conveyance by . . . .242 joint, who are 242 in common, who are 242 Trusts created by writing only 244 or by force of law 245 DEFAULT, when entered 375 when taken off 375 DEFENDANT, name unknown, how sued 362 out of State, how notified 366 DEFINITION of words in Statutes ..44 DEMANDS, mutual. See Set-off. against estate, when several . . . .321 how barred.. 320, 326 DEODANDS abolished 38 DEPOSITIONS 379—382 Caption, what necessarv 381 65 DEPOSITIONS. Cases, in what, may be taken . . 379, 380 for court of probate 306 Commissioners, taken by 68, 380 Deponents, how notified 379 not attending, penalty 379 who are competent 380 to sign deposition 380 oath of, form 380 Depositions, who may take 380 by whom to be written 380 how sealed and directed 381 neglect to take, penalty 381 in perpetuam, how taken 381 Fees 379, 470, 471 Justice to issue notice to take 380 to summon witnesses 379 Notary, taken by, when 67, 380 to summon witnesses 379 JVotice to take, how issued 380 service of, how made 380 Objections to be certified 381 Perpvtuam, depositions in . . ..381, 382 mode of taking 361 to be recorded 381 when used in evidence 382 Return, how made to court 381 DEPOSITIONS IN PERPETU- AM 331,382 DESCENT, title by 330—334 Advancements accounted for 331 what are deemed to be 331 Alien may inherit property 242 Estate, real, to whom descends . 331 personal, to whom descends ....331 debts and legacies first paid 332 share of posthumous child. .311, 332 Heirs of deceased, who are 331 of bastard, who are 331 none appearing, State to be 331 Illegitimate child, heir of mother . .331 heirs of, w'ho are 331 Kindred, degrees of, fixed 331 Representation, how far allowed. . . .331 Widow. (See Dower.) .... 312, 329, 330 DEVISE. (See Will.) 311 DEVISEE, heirs of, to take share . . .312 if estate insufficient, shared 332 share in real estate set out 333 DIGGING UP DEAD BODY. 445, 450 DISABILITY, person under, rights .360 agent, when appointed 333, 415 DISCLAIMER of title 376, 377 DISCONTINUANCE of highways .. 12G 514 INDEX. DISCONTINUANCE of highways, damages on, limited 124 suits on, limited 123 DISORDERLY PERSONS. . ..221,226 DISSEIZIN, legacy not barred by ..311 DISTRACTED PERSON. See Insane. DISTRESS for taxes 110, 111 See PocjJDS. DISTRIBUTION of estates.... 330— 334 Bo7id for repayment required 334 Dower. (See Doicer.) 329, 330 Legacies ^1 how to be paid 332 if estate insufficient, shared 332 Personal estate, distribution of 331 Posthumaus child to share . . . .311, 332 Real estate, division of 332 — 334 division, how to be made 333 reversion of dower, divided 334 Real estate set off to administrator, distribution of 318 DISTRICTS, Council 73 DISTRICTS, Highway. See Highways. DISTRICTS, Jddicial, in Grafton.. 73 of superior court 341 DISTRICTS, Senatorial 74 DISTRICTS, School. See Schools. DIVISIONS. See Militia. DIVORCE 36, 293 Jilimony allowed 294 security for 295 Causes of, what are 293 to exist still 294 stated in libel 294 Children, support of 294, 295 custody of 294, 295 of alien absent 296 Costs, how awarded f 295 Decree, if marriage void 293 for what cause 293 how obtained 294 alimony allowed 294 children, support of 294 custody of 294 modified, when and how 295 not to affect legitimacy 294 Libel to state, what 294 where to be brought 294 signed, how 294 Libellant, if insane, guardian 294 liberty of, protected 294 children of 294, 295 property restored 294 DIVORCE. Superior court to try libel 36, 294 to protect wife, &c 294 to decree alimony 294 to appoint guardian 284 trustee 295 to require security 295 to modify decree 295 Trustee of property, when 295 DOGS without collars, killed 241 by-laws respecting, made 241 DOMESTIC RELATIONS 290 DOOMAGE 106 DOWER 329, 330 Action, when and how brought ... .412 not till demand made 412 judgment, how rendered 412 dower, how assigned 412 service of writ 365 Mlowance, when made 329 Jissignment, how regulated 329 in what estate, entitled 329 mode of making 333 by officer, on judgment 4l2 share, how estimated 329 expenses paid by estate .318 Distributive share, what is 330 Estate in which assigned 329 Reversion of, how divided 333, 334 Rights in dower, what are 329 when assigned by officer 4 12 Waste, liability for 329 Widoic, waiving provision in will may claim 312 entitled to allowance 329 dower, how assigned to 329 waste by, forbidden 329 share of estate, fixed 330 Writ of, form of 412 service of 365 DRUNKARDS, punishment .... 222, 226 habitual, divorced 293 guardian appointed 299 EDUCATION to be encouraged 37 (See Schools.) 143—154 EJECTMENT, writ of, form 362 ELDERS. See Deacons. ELECTIONS 76, 81, 96 Ardent spirits forbidden 84 Arrest on day of, forbidden 372 Ballot boxes provided 83 Ballots, what are counted 83 delivered to moderator 83 INDEX. 515 ELECTIONS. Ballots for several officers, given . . .83 not after vote declared 34 Balloting, how conducted 80 Betting on, penalty 92 Blanks not to be counted 83 what are deemed 84 Classed towns, list of , 91 meeting for election in 90 proceedings in 90 Counsellors. (See Counsellors.) 85 County Treasurer, (See Treasurer.) 77 Electors. (See Electors.) 87 Governor. (See Governor .) 85 List of voters posted up 82 how corrected 82 open to examination 83 in classed towns 90 Majority, how determined 84 Moderator to receive votes 83 to sort, count and declare 84 penalty for fraud of. 85 Penalties for treating at 84 for voting illegally 84 for giving false answers 84 for fraud of selectmen 85, 91 moderator 85, 91 for neglect of town clerk 85, 91 neglect to return votes 86, 87, 88 for betting on elections 92 in classed towns 91 recovery of 91, 429 Representatives in congress 86 to general court 89 in classed towns. 90 Returns, blanks for 64 of votes for governor, counsellors and senators 85, 86 for representatives in congress. . . .86 for electors of president 88 fees of sheriff for 92 neglect to make, penalty . .86, 87, 88 how recovered 91 amendment of 91 fraudulent, how punished 443 Selectmen to post list of voters 82 sessions for correcting list 82 duty in classed towns 90 penalty for fraud of 85, 91 to make list of ratable polls 84 Senator. (See Senators.) 85 Sessions to correct list in classed towns 82, 90 Statutes present at meeting 84 ELECTIO.NS. To^07i clerk to check voters 83 to record votes 84 to have statutes present 84 list filed with 82, 84 to make returns 86, 87, 88 to amend returns 91 neglect of, penalty. 85, 86, 87, 88, 91 duty in classed towns 90 neglect, penalty 91 fraud of, punishment 443 Town meeting. See Town meet- ing. Treating at elections, penalty 84 Unincorjiorated place 101 Voters, who are legal 81 who are not legal 81 aliens excluded 81 students excluded 82 list of, posted up 82 corrected 82 not unless name on list 83 in classed towns 90 voting illegally, penalty 84 giving false answers 84 not to be arrested, when 372 Votes, how received 83 how sorted and counted 84 majority, how determined 84 declaration of 84 ELECTORS OF PRESIDENT, &c 7,13 election of. 87, 88 return of votes for 88 vacancy, how filled 88 votes by, how given 13, 88 EMBEZZLEMENT by public officer 433 of estates of deceased 319 wards 319 by officers of bank 268 at fires is larceny 216 duty of justices as to 449 ENACTING STYLE 39 ENDORSEMENT of writs. See Writs. on probate bonds. See Probate BOND. on bonds to sheriff 371 ENGINEMEN, how appointed 216 tenure of office 217 exemption of 156 to obey firewards 216 ENGLISH LANGUAGE to be used 361 ENROLMENT. See Mjlitia. 516 INDEX. EPISCOPAL churches, property, how held by 282, 283 EQUIPMENTS. See Militia. EQUITY, powers of superior court. (See Chancery.) 340 EQUITY OF REDEMPTION. 245-247 attachment of 367, 368 levies upon 394 — 396 ERROR, writs of, jurisdiction 340 limitation of , 360 ESCAPE, liability for 462 action for, against whom 359 of prisoner, aiding, penalty 442 of convict " " 442 ESCHEAT for want of heirs 331 not in case of aliens 242 ESTATES of persons felo de se 38 in real property, what are 242 at will, what are 244 descent of. See Descent. distribution of. See Distribu- tion. of deceased persons. See Ad- MIMSTRATIO.V. joint, how created 242 personal, mortgage of 247 attachment of 367 levies on 390 real, conveyance of 243 mortgage of 24.5 attachment of 367 levies on 393 coparcenary abolished 242 entailed, how barred 242 expectant, how barred 242 insolvent. (See Insolvent estates.) 322 EVIDENCE in actions at law.. 376— 383 of entry for foreclosure 247 copies agreed on, used, when. . . .345 on actions of review 387 officer's return is, when 366 in case of usury 383 parol, when not admissible 358 in criminal cases 459 against one's self 12, 19 as to guardian, perpetuated 301 as to administrator 328 notarial protest is 68 EXCEPTIONS to opinion of C C.P.343 EXCHANGE of statutes 49 of products of art, «fec 52 EXECUTIONS 387—403 Action on, lies if levy fails 358 Arrest, who liable fo. (See Jlrrrst.) 372 EXECUTIONS. Arrest, discharge from, mode 398 Fees on 472, 473 Injunction to stay, issued 396 lien not lost by 396 proceedings suspended 396 Interest on, to be reckoned 388 Issue of, not till 24 hours 383 within two years after 388 when to be stayed 387 one on same contract only 388 for seizure of property after com- mitment of debtor 389 against warden 466 sheriff 354 Levy. See Levies. failing, action lies 358 injunction to prevent 396 lien not lost by 396 proceedings thereon .396 upon towns 397 upon warden of prison 466 sheriff 354,372 Return, if issued by superior court. 388 if by court of common pleas . . . .368 by justices 388 on sale of personal estate 391 Set-off, in what cases allowed 390 Stayed by court, on motion 387 not by action of review 387 Writs of, form, general 383 not against body, form 388 possession, form 389 EXECUTIVE power, how vested 30 EXECUTORS. (See Administra- tors.) 314 to file wills, penalty 313 to accept or refuse trust 313 in their own wrong 315, 316 of executors 315 if a minor, when of age 315 removal of 315 EXECUTRIX, marriage annuls trust 315 EXEMPTION from attachment 367 from military duty 155, 156 serving as juror 348 serving as town officer 98 acting as constable 98 from distress 160 from arrest 372 EXHIBITIONS, license for 239 EX POST FACTO laws forbidden. 7, 21 EXTENTS. See Levies. by state treasurer 63, 1 16 INDEX. 517 EXTENTS. by county treasurer 80, 1 16 against sheriff for tax 116 form and effect of 116 against selectmen 116 town 116, 117 collector 1 16, 1 17, 397 service and fees 117 FEES AND COSTS 470—474 Jlttendance 472 Attorneys in court 472 before justice 472 Clerks of corporations 268 of courts 471 of militia company 164,165 Collectors of taxes ] 11, 114 illegal, penalty 114 Constables 99, 473 Copies by recording officers 471 of proprietary records 280 page is 224 words 471 Coroners 456, 473 County, what paid by 78, 451 Courts martial 185 Courts of inquiry 186 Ferry or toll bridge 472 Illegal, by collector, penalty 114 in other cases 474 how recovered 474 Impounding cattle 258 Inspectors of beef and pork. . . .192,193 of butter and lard 196 of fish 202 of gunpowder 206 of hops 198 of pot and pearl ashes 204 of lumber, hoops, &c 209 Jailers 473 Jurors 473 before coroner 474 Jury trials 473 Justices in civil cases 470 in criminal cases 471 travel before 472 attorneys before 472 License for taverners, &c 228 for pedlers 238 for exhibitions 239 Marriage, solemnizing 291 recording 292 Xotary public 474 Page contains 224 words 471 Parties to action 472 attendance of 472 FEES AND COSTS. Payment of, by county 78 on complaints 451 Petitions to legislature 47 Pilotage 237 Police officers 223 Receipt to be given 474 neglect to give, penalty 474 Recording officers 471 Reference of disputes 428 Register of deeds 473 Register of probate 306 Secretary of state 474 Sheriffs 472 to be endorsed 473 for return of votes .92 Strays and lost goods 261 Town clerks 473 for copies 471 recording births 240 marriages 292 mortgages 249 contracts 250 transfers of stock 287 Travel, how taxed 472 on endorsed notes 472 ferry or toll bridge 472 Weighers of beef 1 94 Witnesses, attendance of 472 travel of 472 going out of State 382 FELO DE SE, no forfeiture by 38 FENCES AND COMMON FIELDS 253 building and repair of 254 division of 25-1 what are legal 254 neglect to build or repair, pro- ceedings 254, 255 adjoining railroads 276 Common fields fenced 255, 2-56 tax for, assessed 256 lines of, run out 256 Fence vieieers, choice of 97 to be sworn 97 neglect to be sworn, penalty 98 vacancy, how filled 99 powers and duties of 254, 255 FERRIES, regulation of 135 how taxed 102 FIELDS, Common. (See Fences.) . . .255 FINDER of lost goods, duty 260 FINES, Excessive, forbidden 22 how recovered 429 to be paid over by justice 449 518 INDEX. FINES. prosecution for, limited 430 who may be witnesses 430 imprisonment for 430 appropriation of 430 may be remitted by court 462 selectmen. . .430 on towns, how collected 125 how applied 125 military. (See Militia.) 161 FIRE INSURANCE COMPANIES. 284 FIRES, extinguishing. (See Fire- wards.) 215 police regulations for 224 in state house yard .51 FIRE WARDS, choice of. 97 selectmen to be, when 97 tenure of office 97 to be sworn 97 penalty for neglect 98 chairman and clerk of 216 powers and duties at fires 216 to establish regulations 216 buckets and ladders 217 buildings pulled down 217 damages for, paid 217 buildings decayed, repair 217 repairs by town 218 chapter, when in force 218 assuming to be, penalty 216 FISH, inspection of 199 Barrels, weight of 200 branding of 200 quality of 201 Boxes, quality of 201 branding of 200 Brand of quality of fish 200 of casks, &c 200 how furnished 201 of small fish 201 of smoked fish 200 unlawful, penalty 203 Exportation, inspected before 202 certificate required 202 without, penalty 202 kegs less than 10 gallons excepted 203 Fees for inspection 201 paid by whom 202 share of inspector 202 Forfeiture, proceedings for 202 Inspector, appointment of 188 includes depjilies 188 to inspect all fish 200 to make return 201 FISH. Inspector, fees of. 201 Master of vessel, oath of 202 Packing in barrels 200 of smoked fish 200 for sale within State 203 Penalty for exporting illegally 202 branding illegally 203 shifting or mixing 203 selling tainted fish 203 Shellfish, how packed 203 Smoked fish, sorting of 200 boxes for 201 exportation of 202 penalties relative to 203 FLATSWEED, provisions for 237 FLOATING TIMBER. (See Tim- ber.) 259 FLUMES. (See Mills.) 251 FOLLOWING, meaning of, in law.. .44 FORECLOSURE. (See Mortga. ges.) 246,247 FOREIGN ATTACHMENT. See Trustee process. FORFEITURE OF GRANT. .408— 411 grant, grantee, meaning 408 for what cause decreed 408 proceedings, mode of. 409 hearing in equity allowed 409 judgment conditional 410 improvements valued 410 possession, how recovered 411 costs, liability for 411 FORFEITURE of personal property 431 seizure, how made 431 libel filed, when and where 431 warrant of seizure granted 431 notice of libel given 431 property, how disposed of. 431 trial and decree 432 costs, liow allowed 432 appeal and proceedings 432 of ashes, pot and pearl 205 beef and pork 193 butter and lard 196 fish 202 gunpowder 219, 220 hops 199 lumber 210 FORFEITURES. (See Penal- ties.) 429, 430 FORGERY and counterfeiting 438 offence and punishment 438 what is, in other cases 439 INDEX. 519 FORGERY. passing or using forged paper .... 439 FORNICATION, punishment of . . . .444 FORTUNE TELLING, punishment of 226 FRANCHISE taken for lughway .... 1 19 attachment of 369 sale of, on execution 391 FRAUD in sale by administrator 328 incase of guardian 319 at elections 85 in personal mortgage 248 and perjury, prevention 358, 359 in case of deeds.... 243 in case of wills 312 FRAUDULENT conveyance of pro- perty 438 receipt of property 438 mortgage of property 248 FUEL exempt from attachment 368 FUGITIVES FROM JUSTICE... 451— 453 Fugitives from the county. arrest and trial of 450 in bastardy cases 143 Fugitives from other states. to be arrested, when 451 proceedings thereon 451 to be recognized 452 cause, how examined 452 delivery of, when 452 costs, how to be paid .452 how carried through the State. . .452 powers of officers 453 FUNERAL CHARGES, how paid ..318 if estate insolvent 324 FURNITURE exempt from distress .110 exempt from attachment 367 GAMING, punishment of 221, 2-26 in licensed houses 227 houses for, penalty 446 winning money, penalty 446 GATES on road, when allowed 132 JENERAL ISSUE, when sufficient. 377 GOOD BEHAVIOR, sureties for. ..449 on police offences 226 on appeal from justice 448 for assault and battery 443 for disturbing meetings 229 GOODS attached, how. See At- tachment. exempted. See Attachment. contract for, to be in writing . . . .359 lost. (See Straiji.) 260 GOODS forfeited. See Forfeit- ures, &c. GOVERNOR, choice of 28, 30 salary of 467 qualifications of 30 to approve laws 30 appointments by 31 vacancy, how filled .31 to be commander of militia 32 meetings for choice of 85 votes for, recorded 85 return of 86 literary fund, duties 1 54 fugitives from justice 452 exclusion from office 39 duty as to state library 52 courts martial 183 GOVERNOR AND COUNCIL, to appoint officers 31 pilots 236 inspectors 188 bank commissioners. .265 trustees of asylum. .. .55 to remove officers on address 36 militia officers 32 sheriffs 355 warden 466 duty as to state prison 464 insane asylum 56 public lands 53 surplus revenue 55 power to grant pardons 32 adjourn legislature 31 require opinion of judges 36 draw warrants on trea- sury 33 to punish contempts. .. .26 GRACE, when allowed on notes.... 359 GRAFTON COUNTY, boundaries. .72 judicial districts in 73 GRAND JURY. See Jury. GRANTEE, meaning of word 45 GRANTOR, meaning of word 45 GRAVE STONES, injury to 445 administrator may erect 318 GRIST MILS, tolls of 253 GUARDIAN AND V\^ARD 297 Account to be rendered 299 notice of settlement of 310 Ad litem of libellant insane 294 in other cases 301 ..Appointment, how made 298 for minors 298 insane person 299 ►20 INDEX. GUARDIAN AND WARD. Appointment for child of alien 297 ad litem 294, 301 spendthrifts 299 notice of, given 299 Bond to be given 299 before sale, when 300 by foreign guardian 301 Compensation of 301 Discharge of, by marriage 298 by judge, when 301 Duties, general, of 298—302 Evfibezzlciacnt, proceedings 319 Foreign guardian, duties of 301 Guardian, who may be 298 female marrying, effect 298 duties of 298—302 conveyance by 301 before probate of will 314 Insane, who are such 45 inquisition to determine 299 guardian for, appointed 299 Inventory to be returned 299 Liability for military fines 165 under police law 223 for apprentice 303 Lien on estate of ward 301 Minor, guardian of, appointed 298 duty and powers of 29S who may be 298 child of alien for 297 absent person 298 Notice of appointment given 299 of settlement of account 310 Removal of 301 Sales by, if father absent 298 of real estate 300, 301 oath of guardian on 300 evidence perpetuated 301 of land for railroad 276 Spendthrifts, who are deemed 299 guardians for, appointed 299 duty of 299,300 Ward to sue and be sued, how 300 contracts of, when void 300 care and support of. 300 receipt of, taken and filed 301 neglect, penalty 301 GUIDE BOARDS, erection and re- pair 133 neglect, penalty for 134 injury to, punished 134 GUN HOUSES. (See Militia.) ....168 GUNPOWDER, inspection of 206 GUNPOWDER. how manufactured 206 how proved 206 how inspected and marked 206 fees of inspection 206 uninspected, sale of, penalty 206 condemned, sale of, penalty 206 impure, sale of, penalty 207 police regulations concerning. . . .219 kept illegally, seized 219 penalty 219 retailing of 219 carried in villages 219 forfeiture of, when 219, 220 carrying from town to town 220 magazines, keepers of 220 masters of vessels, duty 220 penalties, how recovered 220 HABEAS CORPUS regulated. 404— 408 Application, to whom made 404 by whom and how made 404 when granted or refused. . . .404, 405 bond of applicant, when 406 Bail, if excessive, reduced. . . .405, 407 in criminal cases 405, 407 Discharged, if restrained illegally . .407 arrest after, forbidden 407 Examination, body to be present. . .406 when and how made 406, 407 Jurisdiction in superior court 39 of a justice thereof 404, 405 Officer to give copy of precept 407 neglect to give, penalty. . . ., 407 Penalty for not giving copy of pro- cess 407 for not obeying writ 407 for making false return 407 for arrest after discharge 408 action for, limited 408 not abated by death 408 Return, mode specified in writ 405 if time not specified, when 406 to state cause of detention 406 to be made under oath 406 if false, penalty 407 Writ, jurisdiction of 39, 340 form, seal and teste of 405 before issued, bond required 406 service of 406 neglect to obey, penalty 407 HARBOR OF PISCATAQUA 236 throwing rubbish in, penalty .... 237 harbor master, choice 237 INDEX. 521 HAY, Pressed, to be branded 210 violation of law, penalty 210 HAWKERS AND PEDLERS. (See Pedlers.) 238 HEALTH OFFICERS, choice of.... 97 selectmen to be, when 97 to make regulations 230 J^/uisanccs, to inquire out 230 to remove 231, 232 compensation of 232 to render account 232 Quarantine, regulations 233 — 236 pilots notified of 235 forts notified of 235 penalties 235, 236 infected goods seized 234 HEIRS. (See Descent.) 331 to be cited, when 310 joint, are tenants in common. . . .242 of alien may take 242 HIGHWAYS AND BRIDGES ... .118 Agent to build road 125 to expend fine 125 in unincorporated places 129 Mterations, how made 119 not making, penalty 125 Assessment for repairs 1 26 of fines 1 25 Bridges, by-laws established 133 injury to, punished 131 included in highicai/s 45 Buildings, when nuisances 132 how may be abated 132 Corporation, property of, taken .... 11 9 Costs, if damages increased. . .121, 123 of laying out, how paid 124 on indictment 125 witnesses, when taxed ....125 how collected and paid . . . 125 Damages, if laid out by selectmen. 120 by road commissioners 1 22 petition for increase of 121, 122 paid before road built 123 if owner unknown, &c ] 23 recoverable by action 123 on discontinuance of road 126 suit for, limited 123 amount of, limited 124 by whom to be paid 124 paid by county, when 124, 129 through defect of road, town liable for 130 liability limited 130 to road, punishment 131 66 HIGHWAYS AND BRIDGES. Damages by obstruction, liability. .132 Discontinuance, how effected 126 when valid 126 damages on, awarded 126 limited, when 124 actions limited 123 Encroachments, what are 132 remedy for 132 Encumbrances, what are 130, 131 how removed 130, 131 Ferries, regulation of 135 Fines for neglect to build 124 for neglect to alter, grade, secure or repair 12-5 how collected 125 how expended 1 25 Gates, when allowed on road 133 Grade of road fixed in report 123 Guardians appointed 119 Guide hoards, erection and repair ..133 penalty for not repairing 134 penalty for injuring 134 Hearing appointed by selectmen. . .119 by road commissioners 122 Highicays includes bridges 45 petition for, to selectmen 119 petition for, to court 120 in unincorporated places 129 how laid out 120 over river or stream 119 highway 119 franchise taken for 119 guardians to be appointed 119 public, what are 125 grade of, prescribed 123 Indictment for neglect to build 124 for neglect to grade or alter . .123, 125 repair or secure .... 125 Injuries to, liability for 131 Laic of the road 134 Notice by selectmen, how given .... 1 19 by court, how given 121 by road commissioners 122 to owner or guardian 119 to towns 122 of indictments. . .i 125 Petitions for, to selectmen 119 to court of common pleas 1 20 referred to road commissioners ..121 Private ways, how laid out 119 damages therefor 124 Railroad, injuries to 131 Repairs, how made in towns 127 322 INDEX. HIGHWAYS AND BRIDGES. Repairs in unincorporated places ..129 paid by county, when 128 snow to be removed 1 30 materials for, purchased 128 Report of selectmen, how made 120 of road commissioners 122 Road commissioners, choice of 77 power to lay out roads 121 if one is interested 121 may complete business 121 report of, how made 122 compensation of 123 may fix grade of road 123 Selectmen, power to lay out 119 to appoint a hearing 119 to give notice 119 to lay out, when 119 to make return thereof. 120 to erect guide boards 133 to assess taxes 12G to transfer money 128 Snow, town and surveyor liable . . . .130 Surveyors, choice of 97, 127 appointment of 127 oath of office 97 penalty for neglect to serve 08 vacancy, how filled 99 warrant of. ] 27 powers and duties of 127, 128 may remove encumbrances 131 duty if tax insufficient 127 liability of 128, 130 may distrain for taxes 127 to account to selectmen 127 duty as to snow 130 to purchase materials 128 to allow for travel 128 to remove gravel, &c 1 28 Taxes for building road in towns. . . .93 for roads not in any town. . .101, 129 for repairs of road in towns 126 collected in money 127 non-resident, how paid 114 Travellers to turn to the right 134 penalty for violation 134 Turning to the right 134 Unincorporated places 101, 129 roads in, how made 129 repairs in, how made 129 assessments on 129 tax, how collected 129 expense paid by county l"i9 Water course, liow to be made 128 HIGHWAYS AND BRIDGES. Wheels, width regulated 130 Widening and straightening. .119, 120 Witnesses' fees, when taxed 12.5 HILLSBOROUGH COUNTY bounds 71 HIRING to commit crime, penalty. . 447 HOGS not strays, when 261 impounding of 256 by-laws concerning, made 93 larceny of 437 cruelty or injury to 430, 44G exempt from attachment 367 HOG-REEVES, choice of 97 to be sworn 97 neglect to serve, penalty 98 vacancy, how filled 99 HOOPS, survey of. (See Lumber.) . .209 HOPS, inspection of -. 197 Bags, size of. 197 quality of 198 to be marked 198 Certificate of inspection 199 Exportation regulated 197 without inspection, penalty 199 seizure of 199 inland carriage excepted 199 Fees of inspector 1 98 Forfeiture of, regulated 199 Inspector, appointment 168 duties of 198 fees of 198 includes deputy inspector 188 neglect of, penalty 198 fraud of, penalty 198 Morlis put on bags 1 98 of quality 198 counterfeiting, penalty 198 Master of vessel, oath of 199 Penalty for neglect to inspect 198 fraud in inspection 198 counterfeiting mark 1 98 sliifting hops, &c 198 Quality, how determined 197 examined and branded 198 HORSES, ASSES AND MULES. larceny of 437 how taxed 102, 104, 105 by-laws respecting 93 cruelty or injury to 436, 446 taken up as strays 261 impounding of 256 HOSPITAL, Insane. (See ^syluvi.).55 f( r the small pox 233 INDEX. ;23 HOUSE OF REPRESENTATIVES. 24 to be chosen annually 24 meeting of, when to be 23 qualification of members 25 grand inquest of state 25 may choose officers 26 judge of its own elections 26 may punish contempts 26 originate money bills 26 require opinion of judges. . . .36 have negative on the senate . .23 adjourn, when and how 26 quorum of, what is 26 members free from arrest 26 journals of " 26 compensation of 25, 469, 470 vacancies in, how filled 25 HOUSE OF REPRESENTATIVES or the United States 2, 3 HOUSES of correction for county ..225 town, how provided 225 regulation of 225 persons sent to, when 222, 226 liquor sold to prisoner 222 jail deemed to be, when 462 HOUSES, Gaming. See Gaming. licensed. See Licensed houses. HUSBAND AND WIFE 295 Jllien living separate, rights 296 children of, custody 296 guardian for 297 Children deserted, support of 296 on divorce, custody of 294 of alien, custody of 296 guardian for 297 Conveyance by, when legal 297 Curtesy, land subject to 331 Divorce. See Divorce. Husband deserting wife, liable 296 Marriage. (See Marriage.) 291 evidence of, what is 297 solemnization of 291 informal may be legal 292 Mills, rights in 252 Separation of, rights 296 wife, protection of 297 Wife deserted, may hold property . . .295 may make contracts 296 support of 296 of alien living separate 296 property of 296 conveyance by, when legal 297 IDIOT. See Insane. included in insane 45 IDLERS. (See Spendthrifts.} guardians of 299 punishment of. 226 binding out of 137 selling liquors to, penalty 222 ILLEGITIMATE CHILDREN. See Bastards. settlement of 136 who are the heirs of 331 are heirs of their mother 331 IMPEACHMENT before senate of the U. States 4 in New Hampshire 25 trial of, by senate 29 of governor 29 punishment in case of. 29 of counsellor 34 IMPOTENCY, a cause of divorce. . .293 IMPOUNDING. (See Pounds.) . . . .256 IMPRISONMENT 461—466 solitary, how inflicted 45S for life is civil death 459 of insane offenders 460 on mesne process. See Arrest. on execution. See Arrest. IMPROVED LANDS. (See Taxes.). 104 See Timber, Floating 259 IMPROVEMENTS. See Better- ments. INCEST, what is 291, 293 punishment of 445 INCUMBRANCE. See Enccm- BRANCE. INDENTURES. See Apprentices. INDEX of deeds, register to keep. . . .79 INDICTMENT, conclusion of 38 required by constitution 12, 19 in what cases necessary 457 copy given on capital trial 457 on second or third conviction .... 459 intent to defraud, alleged 459 in case of perjury 441 if offender is insane 460 trial where to be 20, 457 for treason limited 433 INDORSExMENT. See Endorse- ment. INFANT. See Minor. INFECTIOUS DISEASES. See Health Officers. INFORMATIONS, conclusion of 38 INHABITANTS, who are 27 meaning of word 44 to have contribution 117 524 INDEX. INJUNCTIONS by superior court. . .340 Against husband 294 father iiUS, ii97 how dissolved 295 Against bank 266 creditors of 26cS liovv dissolved 267 Against alien father 297 to stay levy of execution 396 proceedings on 396 INNHOLDER. See Licensed HOUSES. INOCULATION. (See Small Pec). 233 INQUEST. See Coroner. INQUISITION. (See Insane ) 299 INSANE, who are deemed 45 Jlction by, when brought 360 Asijlum, See Asylum, &c. sent to, by judge of probate 56 confined in jail, sent to 56 town pauper sent to 56 county pauper sent to 56 sent by parent, guardian, &c 57 how supported at 56, 57 how discharged • . . .57 Dangerous, to be confined 56 committed to friends 460 when discharged 460 Guardian for, appointed 299 Inquisition to be made 299 Offenders disposed of 460 sent to asylum 460 how supported 460 how discharged 460 Paupers, support of 56, 57 Rights of, protected 366 INSOLVENT ESTATES 322 Actions against, suspended 320 of review, brought 320 appeal from commissioners 325 costs on, how allowed .... 326 on contingent demands 326 Claims, hovsr allowed 322 mutual, to be off set 323 of administrator 324 contested, how decided 324 preferred, what are 324 appeal from allowance of 325 submitted to referees 326 depending on contingency 326 not presented, barred 326 Commissioners appointed 322 to be sworn and give notice 322 sessions by, holden 322 INSOLVENT ESTATES. Commissioners, testimony before.. 323 allowance of claims by 323 time extended, how 323 report by, made 323 errors corrected 324 special claims 324 compensation of 324 appeal from, when 325 new, when appointed 323 Creditors, holding security 323 examined on oath 323 may dispute claim 324 appeal if dissatisfied 325 may defend actions 326 claims when barred 326 Decree of insolvency 322 Dividend, how made • 324 Settlement, if no property 324 Sureties, when discharged 326 INSPECTION of beef and pork.... 189 butter and lard 195 fish 199 gunpowder 206 hops 197 lumber, timber, &c 207 pot and pearl ashes 204 INSPECTORS, appointment of 188 tenure of office 188 oaths and bonds of 188 deputies appointed 188 meaning of word 188 vacancies, how filled 188 INSURANCE companies formed ...284 members of, witnesses 380 contracts not usurious 364 INSURRECTION, duty of U. S 11 suppression of. 175 INTEREST, rate of, fixed 383 what contracts excepted 384 penalty for illegal 383 on executions allowed 388 on prison bonds, rate 399 on redemption of land sold for taxes in, 113 INTESTATE ESTATES. See Ad- ministration. INVENTORY. (See Administra- tion.) 316 ISSUE, includes whom 45 ISSUING private notes as currency .263 bills subject to condition 263 of forbidden denominations 264 more than allowed, penal 264 INDEX. 525 JAIL 461—463 to be kept in each county 461 court of common pleas to have the care of 4G1 sheriff to be keeper of 461 jailers to be appointed 461 escape from, sheriff liable for. , . .462 used as house of correction 462 for United States 462 prisoners removed, when 462 expenses paid by county . . . .463 discharged, how 462 for Belknap and Carroll coun- ties 463 JAILERS, appointment of 461 to keep jail and prisoners 461 prisoners, food for 461 by whom paid 462 defrauding, penalty 460 to furnish list of prisoners 462 to receive prisoners 462 if no house of correction 462 if no jail in adjoining county. .462 debtor surrendered 400 prisoner for tax 110 in Strafford county 463 fees of 473 JOINT contracts, when severed 321 administrators, suits by 321 resolutions, style of 47 JOINT TENANTS, who are 242 actions between 358 JOURNALS to be published 26 copies to be prepared 48 how printed, and when 48, 50 how distributed 49 JUDGE ADVOCATE. See Mili- tia. JUDGE OF PROBATE. See Court OF PROBATE. salary of 468 JUDGES, appointment of 31 exclusion from office 39 tenure of office 22 not after 70 years 36, 69 certificate of age 69 salaries of 468 JUDGMENT, how rendered. . ..383,384 on nonsuit 374 on default 375 if defendant absent 375 in case of set-off 378 of betterments 3S4 on bonds or mortgages 348 JUDGMENT. in case of usury 384 JUDICIAL DISTRICTS in Grafton 73 of the superior court 341 JUDICIAL proceedings, proof of . 10 officers appointed 31 JUDICIARY, U.S., powers 9, 13 inN. H., powers 23,36 JUGGLERS, punishment of . . .221, 226 JURORS, selection of 20, 348 list to be made annually 348 who are exempt from serving .... 348 number, directed by court 348 venires, issued by clerk 349 service of 349 return of 349 drawing, how made 349 person drawn, exempt two years. 349 notice to, how given 349 neglect to attend, penalty 350 in case of emergency 349 neglect of duty by clerks, town clerk or sheriff 349 fraud of selectmen, penalty 350 of town clerk, penalty 350 talesmen, how returned 350 questions of, to be asked 350 oaths, form of 350, 351 fees of 473 on coroners' inquests 454 fees of 473 JURY, right to trial by 13, 20 before coroner 454 fees for trial by 473 JUSTICE, Public, offences against. 440 JUSTICES OF THE PEACE. 316, 448 Ahatcment. See Abatement. trial on, where to be 347 Action before, when brougnt 346 if title to land pleaded 346 for penalties and forfeitures 429 debt confessed, how 377 if name unknown, how sued 362 Adjournment of court 347 by another justice 347 Appeal in civil cases 346 in criminal cases 448 recognizance upon 346, 448 Appointment, how made 31 Commitment by, when 449 for not performing sentence 430 of fugitives from justice 451 Confession of debt 428 of part of action, allowed 377 526 INDEX. JUSTICES OF THE PEACE. Copies, appellant to file 347 justice to file, when 449 fees for 471 justice to give, when 347 Costs on neglect of appellant. .346, 347 to follow any sentence 430 on complaints, how paid 451 Depositions. See Depositions. Duty to warn town meetings 95 to call meeting of corporation . . .288 Evidence. See Evidence. Examination of prisoner 449 hearing adjourned, when 449 of fugitives from justice 451 Executions, how issued 388 after commission expires 347 Fees. See Fees. in civil cases 470 in criminal cases 471 for copies 471 in case of references 428 of party and attorney 472 of witnesses 472 of officers 472, 473 Fines. See Fines. Issue, general, sufficient 377, 430 plea of title excepted 346, 377 Jurisdiction in civil cases 36 general powers of justices 346 plea of title, not to try 346 proceedings on 346 appeal from, allowed 346 to solemnize marriages 291 as to strays and lost goods 260 impounded animals 257 floating timber 259 of forfeiture of property 431 in case of arrest of debtor 373 of trustee suits. See Trustee. to take depositions 379 — 382 Jurisdiction in criminal cases. not disqualified, when 430 powers and duties of 448 complaint to, necessary 449 appeal from, allowed 448 may bind over, when 448 may bind to keep the peace 449 on escape of offi?nder 450 of fugitives from justice 451 of suits for penalties 429 of complaints for fines 429 Jurisdiction in criminal cases. of police offences 222, 224 JUSTICES OF THE PEACE. Jurisdiction in criminal cases. as to disorderly persons 226 licensed houses 228 Sunday offences 228 religious meetings 229 liawkers and pedlers 239 shows and exhibitions 239 refusal to record deed 244 impounded animals 257 master and apprentice 303 gaming houses and betting. 446 profane swearing 445 on view of offences 449 as to assault and battery 443 in case of riots 444 to disinter dead body 450 of complaint for military fine .. .164 Justice, meaning in Statutes 44 how sworn into office 69 not to be of counsel .36, 347 not disqualified, when 430 removal of : 70 Justice of the Quorum. to administer oaths, when. 70 in case of poor debtors 400 to approve prison bond 398 in case of arrest of debtor 373 Justices throughout the State. powers as to offenders 450 Landlord and tenant. See Land- lord. Limitations. See Limitations. Military fines. See Militia. A'otice. See Actions. if defendant absent 375 Oaths administered by 69 record of, to be kept 70 Office, tenure of 36 Officers. See Officer. Sheriff. Penalty. See Penalties. actions for 429 Pleading. See Pleading. Poor debtors. See Debtors, poor. Prosecutions. See Prosecutions. Recognizance on appeal 346, 448 taken in name of State 431 duty of justice if forfeited 451 of witnesses, taken 449 costs on, ordered 430 if forfeited, complainant paid. . ..430 commitment, on neglect to give.. 449 of fugitives from justice 452 Recognizance in assault and battery. 443 INDEX. 527 JUSTICES OF THE PEACE. Records to be kept by 347 lodged with clerk, when 347 copies of, how given 347 of oaths to be kept by 70 References. See Reference. Search warrant in day time .449 in night time 450 in case of nuisances 230 Set-off. See Set-off. Suhpana for witnesses 379 service, how made 379 neglect to obey, penalty 379 Sureties to keep the peace 449 in other cases 229, 443 Trial. See Actions. on plea in abatement 347 adjournment of 347 Warrant on judgment 448 to commit to jail 449 to arrest offender escaping 4.50 against fugitives from justice — .451 Witnesses. See Witnesses. summons for 379 complainant may be 430 neglect to attend, penalty 379 may be compelled to attend 379 who may be 380 Writ. (See Writ.) 361 KIDNAPPING, punishment 435 attempt at, punished 447 KILLING animals, punishment. 436, 446 KIN. See Paupers — Descent. LADDERS. See Firewards. LANDS. See Real estate. meaning of word 45 LANDS, Public, sale of 53 commissioners of 53 compensation of 53 LANDLORD AND TENANT. 424, 426 ■Action against tenant 424 form of writ 424 service of writ 425 proceedings upon 42.5 title, how tried 425 appeal, how allowed 425 common law remedy exists 426 Lease at loill, terminated 424 what is such 424 condition of, broken, eiFect 424 terminated, how 424 rent on, how payable 424 LANDLORD AND TENANT. JVotice, to tenant at will 424 to tenant at sufferance 424 if rent not paid 424 on breach of condition 424 if tenant holds over 424 Posscssio7i, how recovered. . . .424, 42-5 writ of, form, &c 425 Tenancy at will, terminated 424 what is sucli 424 at sufferance, terminated 424 LARCENY of property at fires 216 of floating timber 260 in buildings 436 from the person 437 of horse, cattle, &lc 437 of other property 437 of deeds, papers, &c 138 triable by justice, when 448 LARD. (See Butter and Lard.) 195 LASCIVIOUSNESS punished 444 LAW, Martial, regulated 22, 32 LAW OF THE ROAD 134 LA WS made by the people 19 suspension of, regulated 21 principles to be observed 22 power of legislature 23 before constitution adopted 39 enacting style 39 publication of 47, 48 v/hen to be published 50 of U. S. distributed 48 fees for publishing in papers 48 exchange of 49 relating to courts, when to take effect 344 LAWS OF NATIONS, offences against 6 LAWS OF THE UNITED STATES, supreme law of the land 11 how passed and approved 5 LAWS, Retrospective, forbidden. 6, 21 LEASES. See Landlord, &c. in writing, to be, when , . .243 if not in writing, effect 424 to be recorded, when 243 assignment of 244 surrender of 244 how terminated 424 LEATHER, stamping of 210 fraudulent, penalty 211 LEGACIES. (See Legatee.) . . .331, 332 not defeated by disseizin 311 LEGATEE, heirs to take share of . .312 528 INDEX. LEGATEE. estate insuft'icient, to share. .312, 332 to give receipts, when 332 to give bond, wlion 334 wlien may be witnesses 311 Residuary, if executor is 316 LEGISLATIVE power of U. S., how vested 2 LEGISLATURE, powers of 23 time of meeting 23 may require opinions of S. J. C. . .36 petitions to, notice of 46 unfinished business of 47 adjournment of 26, 29, 30, 31 committees of 47 clerks of, duties 47 to furnish copy of jour- nal for public printer. .48 compensation of 469 travel of, paid 470 members, qualification 25, 27 exemptions 26, 156 compensation 469 travel of, paid 470 not to take fees or to be of counsel 24 proceedings of, to be open 24 LEGITIMATE children, settlement of. See Paupers. LEVIES on extents See Extents. on property not of debtor 358 on towns, how made 397 LEVIES AND lNJUNCTIOiNS....396 if levy stayed, lien not lost 396 proceedings, how resumed 396 if sale notified 396 LEVIES ON PERSONAL ES- TATE 390—392 on money and bank bills 390 goods and chattels 390 mortgaged property 390 rights of redemption 390 pews or seats in cliurches . . . .391 franchises 391 shares in corporations 392 Bale of property regulated 390 redemption allowed 391 proceeds applied 391 fraud in, penalty 391 adjournment of 391 LEVIES ON REAL ESTATE. 393, 394 Real estate, meaning of words 45 appraisers appointed 393 levy on, how made 393 LEVIES ON REAL ESTATE. Real estate, levy on rent, made . . . .394 possession delivered 394 levy to be recorded 394 may be redeemed 394 creditor to release right 394 LEVIES ON EQUITIES AND TERMS 394—396 Equities, how may be sold 394 notice of sale given 395 levy, how made 395 redemption of 395 deed of, form, &c 395 proceeds, how applied 395 pureliascr's right in 396 Right to receive conveyance 396 of redemption 396 Terms, how taken and sold 396 LEWDNESS, punishment of. . .226, 444 LIBEL for divorce 294 for forfeiture of goods 431 LIBRARY, State 51 librarian appointed 51 vacancy filled 51 duties of. 51 compensation 52 committee on 52 books for, purchased 52 how taken out 52 binding of. 52 LICENSE for pedlers 238 sliows and exhibitions 239 taverners and retailers 227 firing in streets 221 to guardian to sell land 300, 301 administrator to sell 327, 328 for small pox hospital 233 to disinter body 450 LICENSED HOUSES regulated. . .227 Taverner licensed, how 227 duties of 227 tippling forbidden 227 license revoked 227 selling liquor, penalty 227 Retailers licensed 227 selling liquor, penalty 227 Penalty for neglect of duty 227 sale of liquor illegally 227 License, how granted 227 revocation of, when 227 recording of 227 fees for recording 228 Complaint, proceedings on 228 lilEN on real estate for taxes Ill INDEX. 529 LIENS. on property of ward. 301 on property for taxes 105 LIENS OF MECHANICS, &C.....249 of laborers on vessels 250 on buildings 250 contracts to be recorded 250 secured by attachment 250 how discharged 250 not in force till adopted 250 LIFE and person, oiTences against. . .433 attempt to commit 447 LIMITATION OF ACTIONS 359 for road damages 124 for support of pauper 139 against administrators 320 surety on probate bond . . .326 of personal actions 360 real actions 360 debt on sealed instrument 360 notes secured by mortgage. .... .360 writs of error 360 disability, &c., excepted 360 actions failing, excepted 360 special, not affected 360 actions of re%'iew 320, 386 in habeas corpus cases 408 in trespass on statute 417 on penalties and forfeitures 430 Revised Statutes, effect on. .475, 476 LIMITATION OF PROSECUTIONS. of complaints 430 indictment for treason 433 Revised Statutes, effect on .475, 476 LINES of towns 100, 101 of common fields 256 LIQUORS, Spirituous, sale to pau- pers 222 sale to idiots and spendthrifts 222 to prisoners 222 at religious meetings 229 LISTS of voters at elections 82, 90 surveyor's, requisites of 127 of taxes on residents 109 of non-resident taxes 112 of railroad stockholders 103 LITERARY ASSOCIATIONS, formed 284 LITERARY FUND 154 LOGS. (See Timher, floating.) 259 ship, measurement 207 stopping, penalty 259 cutting out marks, penalty 259 carrying away, larceny 260 67 LORD'S DAY. (See Sunday.) 228 LOST GOODS. {See Strays.) .260, 261 LOTTERIES forbidden 446 sale of tickets in, penalty 446 publishing notice of, penalty 446 LUMBER, survey of. 207 Boards, measurement of. 207 fees for survey of 210 Certificate, when given 207 Clapboards, quality of 208 inspection of 208 fees for 209 Count, by decimal hundred 209 Fees for inspection 209 Hoops, cullers of, chosen 207 duties of 207 inspection of 209 fees for 209 Lumber, surveyors of, chosen 207 measuring and marking of 207 Penalty for surveyors' fraud 210 shipping without inspection 210 neglect of surveyor, &c 210 Plank, survey of 207 Shingles, quality of 208 inspection of 208 fees for 209 Ship timber, how measured 207 Staves, cullers of, chosen 207 quality and size of 209 fees for culling 209 Stirveyors of lumber chosen 207 duties of 207 fees of 210 LUNATICS, included in insane 45 MACHINERY, how taxed 102 MAGAZINE. (See Gunpowder .).. .220 MAIMING person, punishment 434 assault with intent to commit. . . .434 cattle, to injure owner 436 in other cases 446 attempt to commit 447 MAINTENANCE of paupers. .137— 139 of bastards 141 MAJORITY, how determined 84 of public officers to act 45 of selectmen may act 96 MALICIOUS mischief 436, 438 injury to cemetery, &c 454 to cattle 446 to property 221 burning of property 436 MANDAMUS, writ of 340 530 INDEX. MANSLAUGHTER, punishment. . .434 assault with intent to commit. . . .434 MANUFACTURING CORPORA- TIONS. (See Corporations.) .270 ^gent, appointment of 271 By-Iaics, how made 271 Capital stock, how fixed 271 till paid, liability 272 certificate of, how made 272 increase of 272 reduction of 273 note is no paj-mcnt 274 debts not to exceed 274 Charter, subject to what laws 271 Clerk, choice and duty of 271 to be sworn 271 , 233 to reside in this State 283 Debts not to exceed capital 274 stockholders liable, «&c 274, 286 Dividends, if insolvent, penalty. . . .273 JVotice of condition, given 273 Officers, what are 271 powers and duties of 271 liability for debts 273, 274 to have contribution 274 Penalty, not paying assessment 272 neglect of officers 273 making dividend, when 273 making false certificate 274 Proceedings of, examined 275 Process against, service of 275 Shares, certificate of 271 transfer of 272, 287 assessments upon 272 if not paid, sale of 272 record of, how kept 275 Stockholders, liability of. . .272, 273,286 to have contribution. ..274, 275, 287 Tax, assessment of 102, 104, 106 notice of, given 110 collection of Ill Treasurer, choice and bond of 271 when not a resident 275 MARRIAGE 290 validity of, how tried 36, 293 illegal and void, when 291, 293 intention of, published 291 solemnization of 291 fees for 291 of Quakers 291 record of, kept 291 by town clerk 292 evidence of, what is 292 for divorce 294 MARRIAGE. evidence of, after death 297 informal, valid, when 292 penalty for 292 not to abate suits, when 376 consent for, age of 292 nullity, decree of 293 MARRIED WOxMEN. See Hus- band, &c. MARTIAL LAW regulated 22, 32 MASCULINE includes feminine 44 MASONIAN PROPRIETORS 280 MASTERS AND APPRENTI- CES 302—304 apprentices, how bound 302 indenture, eflTect of 303 rights and duties of 303, 304 fines, how paid 165, 223, 303 MASTERS OF VESSELS, duty as to exports 193, 196,199, 202, 205, 21 0 subject to quarantine 233 — 236 pilotage law 236, 237 MAYHEM. See Maiming. MEASURERS of grain in Ports- mouth 211 of wood, chosen 97, 211 MEASURES and weights 213, 214 town sealers of, chosen 97 MECHANICS, liens of 249 tools of, exempted 110, 367 MEETING for elections 28 annual, meaning of 44 for choice of governor, counsel- lors and senators 85 for choice of representatives in congress 86 for choice of electors of presi- dent 87 for choice of representatives to general court 89 for choice of representatives in classed towns 90 for choice of county officers 76 corporations 288 proprietary 277 — 280 school district 145 MEETING HOUSES, society form- ed 281 disturbance in 229 pews in, how attached 369 levies on 391 repaired for town uses 93 property, how held 282 MERCHANDISE. See Goods. INDEX. 531 MERRIMACK COUNTY, bounds.. 72 MESNE PROCESS. See Writs. MESNE PROFITS, to be account- ed for 246 neglect to give, penalty 246 in action of dower 412 MILITARY power, subordinate 21 guard of state prison 464 duty of engine men 156 officers, removed 32 MILITIA, right to bear arms 12 conscientious scruples 19 best defence of State 2l officers, how appointed 31, 33 removal of 32 MILITIA, OF THE 155—187 Msence without leave, fine for 161 Actual service, detachment for 1 75 rules for, what are 175 Adjutant, appointment of 33, 179 to inspect regiment, when 170 blank returns to furnish 172 duty as to returns 172 compensation of 172 to keep orderly books 173 to make roll of musicians 174 Adjutant general, appointment 31 to give bond 181 to recover penalties for injuries to public property 1 69 duty as to state arms 169, 1 82 to review regiments, when 170 to pay expenses, what 172 to consolidate returns 172 returns of property 173 general duties of 180, 181 to be quartermaster general 161 Age, not stating, penalty 158 wlien exempted by 157 Aids of governor, appointed 1 79 of major general 33, 179 of brigadier general 179 Alarm, signals of, appointed 1 75 neglect of, penalty 175 Appeal on trial for fine 165 Arms, what are required 160 exempt from attachment 160 distress 160 furnished to poor, &C., how 160 State, furnished, how 169 bonds for 169 return of, made in May 172 in arsenal, how kept 182 Arrest, for fines 164 MILITIA. Arrest, exemptions from 171 of officers for oJl'ences 183 discharges from 183 Arsenal, arms kept in 169, 182 Artillery, uniform of 159 arms and equipments 160 companies, how formed 167 number in regiment 167 ordnance, &c., for 16S allowance to, by State 168 use of property, guarded 168 State arms provided 169 rank of, at muster 171 Blanks and books furnished 181 adjutant to forward 172 Bond of adjutant general 181 of commissary general 182 for State arms 169 Books, adjutant general to furnish . .181 to be returned 180 neglect to return, penalty 181 Brigades authorized 33 limits of, defined 178 how commanded 179 Brigadier general, appointment 31 to issue orders for muster 170 to review regiments 170 to appoint brigade major 33, 1 79 to appoint an aid 179 to command brigade 179 Brigade major, appointment. . .33, 179 duty as to returns 172 to keep orderly book 173 to be brigade inspector 179 By-laws of volunteer companies. . .187 Camp equipage, how furnished . . . .181 distribution of. 179 to be returned 1 80 Captains to enrol all liable 157 to issue orders to warn 158 responsible for arms, &c 160 to certify service 165, 1 66 list of soldiers entitled, made. . . .166 to notify town of rations 166 of artillery, liability 168 to obey orders for muster 170 to make returns in May 171 of public pro- perty 172 of musicians .... 172 to appoint officers, when 33 Cavalry, uniform of 159 arms and equipments of. 160 532 INDEX. MILITIA. Cavalry, companies, how formed. . .167 number in regiment 167 rank of, at muster 171 Certificate of money paid by ex- empts 156 of inability to provide arms 160 of disability, how granted 163 effect of 1 63 how revoked 163 to be recorded 173 (See, under this head, Kon-com- missioned officers.) Chaplain, appointment of 1 79 Clerk, choice and powers of 1 79 roll, making and revising 157 entered upon roll book 157 to record warnings 151) roll of delinquents. . . .163 in collection of fines 164, 165 in making returns 171, 172 to keep orderly book 173 to record permits, &c 173 to record appointments 179 to make complaints 164 Colonels, appointment of 31 to issue orders for muster 170 to assemble officers 174 duty in case of emergency 175 to appoint staff 1 79 Colors, how furnished 181 how distributed 169 Commander in chief, governor is. . . .32 powers and duties of. 32 to appoint officers 31 in case of public danger 175 to appoint signals 175 aids of, appointed 179 duty as to arrests 183 may remit penalties 181 to order court of inquiry 186 Commanding officer, who is 180 Commissarij general, choice 35 duty as to State arms 169, 182 to give bonds 182 to appoint deputy 182 Companies, limits prescribed 166 alterations therein 166 disbandment of 166 volunteer, formed J 67 number of. 167 when deemed to be full 167 now formed, not affected 167 entitled to State arms 169, 182 MILITIA. Companies, rank of, at muster 171 officers of 179 incorporation of 187 Complaint for fines 164, 165 amendment of 165 appeal allowed 165 Corporals. (See, under this head, JVon-commissioned officers.) Costs, no more than damages, when . 164 on warrant 1 64 on complaint 165 Courts martial authorized 32 regulation of 183—186 powers of 184 proceedings in 184, 185 expenses of, paid, how 186 Courts of inquiry, how ordered ... .186 how constituted 186 proceedings in 186 expenses of, how paid 186 Delinquents, roll of, made 163 fines on. (See, under this head. Fines.) Desertion, what is deemed 175 Detachments, how made 175 Details, how made 175 for courts martial 183 Discharge, exemption, when 156 in case of enlistment 167 of guns illegally, fine 162 Discipline, rules of, adopted 174 Distress for fines 163 warrant of, form 164 how levied 1 64 illegal, action for 164 fees and costs on 164 for musicians' fines 174 Divisions authorized 33 limits of, defined 178 how commanded 179 inspectors of. (See, under this head, hispectors.) Drafts, how made 175 Drum major, appointment 179 to assemble musicians 174 authority of 174 Enginemen exempt, when 156 Enlistment, when valid 167 duties and discharge 167 Enrolment, who are liable to 157 students not liable to 157 evidence of 157 of company without officers 158 INDEX. 533 MILITIA. Equipments, regulation of 160 exempt from attachment 160 distress 160 for the poor, provided 160 minors, provided 160 from United States 182 fines for deficiency of 161 Evidence, return or record is 159 company roll, of enrolment 157 excuse, when received as 162 surgeon's certificate, when 163 of delinquency, what is 163 of service of soldiers 165 Excuses, how and when, made • 162 Exempts, absolute, who are 155 conditional, who are 156 students, when are 157 when authorized 19 Fees on courts martial 185 on court of inquiry 1 86 Field officers, arms, &c., of. 160 appointment of, how made 31 to recommend captains, &c 31 staff of, prescribed 179 Fife major. (Sec, under this head, Drum major.) Fines for non-appearance 161 for desertion 161 deficiency of uniform 161 equipments 161 arms not in order 161 arms loaded with ball 161 disobedience 162 treating by officers 162 distress for 1 64 " complaint for 164, 165 appropriation of 165 parents, &c., liable for 165 musicians, for neglect of 174 Governor. (See, under this head, Comitiandcr in chief.) Grenadiers, uniform of 159 arms and equipments of 160 companies formed 167 number in regiment 1 67 rank of, at muster 171 Guardians to furnish arms, &c. . . .160 liable for fines, &c 165 Gun houses, erection of 163 injury to, penalty 168 Iloscmen, exempt, when 156 Infnitry, uniform of 159 arms and equipments of 160 MILITIA. Infantry, enlistments from 167 rank of, at muster 171 regulations adopted 174 Injuries to public property 181 Inspections, company, when 1 70 regimental, when 170 returns of, made 171 of ordnance 171 Inspectors to inspect regiments 170 to make returns 171 to inspect ordnance 171 to keep orderly books 173 appointment of 179 brigade major to be 179 adjutant general to be 181 Insurrections, suppression of 175 Judge advocate appointed 179 duty on court martial 183 — 186 on court of inquiry 186 Laws to be distributed 181 Light infaiitry, uniform of 159 arms and equipments of 160 companies formed 167 number in regiment 167 rank of, at muster 171 Major general, appointment 31 to issue orders for muster 170 to review regiments, when 170 to appoint aids 33 Martial law regulated 22, 32 Masters to furnish arms, &c 160 liable for fines, &,c 165 Minors, equipments for 160 fines upon, how paid 165 Musicians to draw rations . 165, 166 exempt from arrest, when 171 return of, made in May 172 to be assembled 174 fines on 1 74 place of, in line 1 74 instruments furnished to 179 injury to, punished J.81 Musters, orders for, issued 170 day for, how appointed 170 place of, where to be 170 fines at 161 regiment divided for 171 line at, how formed 171 music, where placed at 174 Karnes, not giving, penalty 158 Kon-commissioned officers. orderly sergeant. (See, under this head. Clerk.) 534 INDEX. MILITIA. Non-commissioned officers. warning company, duty 158 arms and equipments of 160 roster of, to be kept 173 appointment of 33, 179 Notice. (See, under this head, Warning.) Oaths, on courts martial 184, 185 in courts of inquiry 186 official, administered 69 form of 37,38 Officers, appointment of 31 arms and equipments of. 160 uniform of 159 roster of, to be kept 1 73 instruction of 1 74 removal of 32, 179, 180 number and rank of 179 where to reside 179 resignation of. 1 80 to account for public property.. .180 arrest of, for offences 183 courts martial for 183 — 186 court of inquiry for 1 86 insulting, penalty for 162 if company destitute of 158 to fix limits of parade 180 Orders, distribution of 173 for company trainings 170 for regimental musters 170 for officer drills 174 disobedience of 183 Orderly hooks, by whom kept 173 adjutant general to keep 180 furnished by State 181 Orderly sergeant. (See, under this head. Clerk.) Ordnance, &lc., for artillery 1 68 captain to have care of 163 to be responsible for 168 injury to, penalty 168 illegal use of, penalty 168 inspection of 171 Parade, bounds of, fixed 180 Parents to furnish arms, &c 160 liable for fines, &lc 1 65 Paymaster, appointment of 170 Penalties for not giving name or age 153 for giving false information 158 for not warning 159 for discharging fire arms 162 for surgeon's receiving fee 163 parents, &c., liable for 165 MILITIA. Penalties for injury to public pro- perty 1 68 for neglect to pay rations 166 appropriation of 169 neglecting signals 175 how recovered 131 Physicians, exemption of 156 certificates given by 163 Postages, when to be paid 172 Pcncder, allowance for 1 68 Privates, when to warn 158, 159 not liable to arrest, when 171 arms, how furnished to 160 Property, military, furnished 168 injury to, penalty 168 land for gun houses 168 deficiency of, returned 171 return of, made in May 172 requisition for, made 172 duty of quartermaster 173 account of, required 33 distribution of 179 returned before resigning 180 adjutant general's duty 181 commissary general, duty 182 Quakers, exemption of 19, 156 Quartermaster general, adjutant general to perform duties of. . .181 Quartermaster sergeant appointed. .179 Quartermaster, appointment. . . .33, 179 duty as to returns 172 to keep orderly book 173 general duties of 1 79 Rank of officers 179, 180 Rations, soldiers entitled to 165 at muster, provided 166 Records may be amended 159 original or copy, evidence 1 59 of returns to be made 173 of courts martial, where filed .... 185 Regiments, review of 170 inspection of 1 70 in line, how formed 171 constituted, how 176 — 178 commanded, how 179 Removal of officers regulated 32 power of, when exercised . . . 179, 180 Requisition, how made 172 Resignation of officers 180 Returns of warnings 158 amendment of 159 original or copy^ evidence 159 making false, is perjury 159 INDEX. ►35 MILITIA. Returns not making, penalty 159 of inspections 171 by captain, in May 171 of public property 172 by adjutant, brigade major and quartermaster 172 by adjutant general 172, 173 of musicians, made 1 72 neglect to make, penalty 172 expenses of, paid 1 72 to be recorded 173 blanks for, furnished 161 Reviews, day for, how appointed. . .170 by whom conducted 171 by adjutant general 181 Rijle companies, uniform of 150 arms and equipments of 160 formation of 167 number in regiment 167 ranii of, at muster 171 RoZ/,company, how made and revised 157 of company without officers 158 of delinquents, how made 163 drafts made from, how 175 of musicians, furnished 172 Rosters, of officers kept 173 adjutant general to keep 181 Rules of discipline, of U. S 174 in actual service 175 Selectmen to assess tax if company without officers 1 58 to pay such tax to whom 158 to provide arms, &c., when 160 to pay soldiers serving 165 to pay rations at muster 166 neglect, penalty 166 Sergeants. (See, under this head, JVon-commissiojied officers.) Sergeant major, appointment 179 Shakers. See Quakers 156 Staff, governor's 1 79 major general's 179 brigadier general's 31, 179 regimental 179 Subalterns, appointment of. 31 non-commissioned officers 33 Stnmnons, how issued and served.. 165 when amendable 165 Surgeons and mates, appointment. .179 certificate to be given 162 effect of 163 to be recorded 1 73 Tovms, monej' paid by exempts. . . ,157 MILITIA. Toxcns, if company has no officers. 158 arms furnislied by 160 to pay soldiers entitled 165 to pay soldiers' rations 166 Training, warning for 158, 159 when ma}' be ordered 170 fines at 161 Uniform, regulation of 159 exempt from attachment 160 distress 160 fine for want of l6l Volunteers, formation of 167 disbanded, how liable 1 67 number in regiment 167 for actual service 17-5 incorporation of 187 IJ'ar, duty of governor in 32 detachments for, made 175 Warning to train, made 158, 159 neglect of, penalty 159 in case of danger, what is 175 Watches, military, appointed 175 Witnesses in courts martial 185 in court of inquiry 186 MILLS AND THEIR REPAIRS.. 251 repairs, how made 2.52 selectmen, petition to 252 hearing before 252 order of 252 penaltj' for neglect 253 contracts not affected 253 toll for grinding 253 illegal, penalty 253 taxation of 102 MINISTERIAL lands. See Par- sonage. MINISTERS, how supported 18 contracts before July 1 , 1819 93 to solemnize marriages 291 illegal, penalty 292 MINKS, protection of 241 MINOR. See Guardian— Disa- bility'— Paupei'.s. penalty for voting 84 may be bound as apprentice 302 to be executor when of age 315 fines on, how paid 165, 223, 303 MISCHIEF, Mamcioi's . .221, 436, 43S, 446 MISPRISION of treason 433 indictment for, limited 433 MISTAKE, (See Abatement,) cor- rected in chancerv 340 536 INDEX. MODERATOR, choice and oath of. . ,95 duties of 28, 95 duties in elections 83, 84 fraud of, penalty 85 in classed towns 90 if vote questioned, duty 96 to administer oath to town officers 97 to notify persons chosen 97 MONEY, computation of 40 drawn from treasury 6, 26 coining of, regulated 5 judgment rendered in 383 how seized for debt 367, 390 at interest, how taxed 102 finder of, duty 260 MONEY BILLS, originating 5, 26 MONTH means calendar month 44 MONUMENTS, injury to 445 administrator may erect 318 MORALITY, offences against 444 MORTGAGED PROPERTY. (See Mortgage.) attachment of. 368, 369 levy upon, regulated 394 illegal sale of, punished 248 fraud in relation to 438 MORTGAGE OF PERSONAL ESTATE 247 what may be mortgaged 248 possession or registry essential . .248 ships at sea, &c., excepted 248 oath to be taken 248 to be recorded 248 false, perjury 441 when valid 248 sale of property, penalty 248 second mortgage, penalty 248 records for, kept 249 redemption of 249 sale of, by mortgagee 249 notice of, given 249 mortgagee to give account 369 MORTGAGE OF REAL ES- TATE 245—247 .Action on, limited 360 on notes, secured by 360 Administrator to redeem 318 Construction of a mortgage 245 Debt, amount determined 246 Eyitry by process of law 246 by mortgagee 247 evidence of, preserved 247 Equity may be attached 368 levies on, how made 394 — 396 of equity, attachable 367, 396 MORTGAGE OF REAL ESTATE. Equity, equity of, levy on 396 Foreclosure by process of law 246 by possession and notice 247 Judgment on, to be conditional 384 Mills, repairs of, duty 252 Mortgager, Mortgagee, meaning of 247 Mortgage, what is deemed to be. . . .245 condition to be inserted 245 void on performance 245 to secure present debt only 245 discharge of, deemed, when 246 JS^otes secured by, action on 360 Possessio7i for foreclosure 246, 247 writ of, how issued 384 Redemption of mortgaged property. 246 expenses to be paid before 247 by administrator 318 by attaching creditor. ..368 Release, to be executed 245 court may order, how 246 Rents, account of, given 246 Superior court, powers as to 340 Tender, mode and effect of. . . .245, 246 MURDER, what is deemed to be 433 attempt to commit 447 assault with intent to commit . . .434 trial of, regulated 342 rights of prisoner 457, 458 degree of, determined 434 punishment of 434 punishment, how inflicted 458 concealing death of child 434 MUSKRATs" protection of 241 MUTE, prisoner standing 458 MUTUAL FIRE INSURANCE COMPANIES, how formed. . .284 members of, may be witnesses. . .380 NATURALIZATION 5 NEWINGTON, school districts in. ..144 NEW TRIALS. {Qee Review.) ....386 granted by superior court 340 NON COMPOS included in insane.. A^ NON-RESIDENTS. See Taxes. NONSUIT, costs on, in court 374 on plea of title before justice 346 NON TENURE, plea of 376, 377 costs on, how allowed 376 NOTARIES PUBLIC, powers of ... .67 tenure of, office of 69 records lodged with secretary ....68 may be demanded 68 INDEX. 587 NOTARIES PUBLIC. records, copies Of 68 kept on file 68 protest, is evidence 68 depositions taken by 379 — 381 fees of 474 NOTES. See Trustee Process. grace on, allowed 359 secured by mortgage, suit on. . . .360 to unincorporated bank, void.... 263 by incorporated bank, suit on . . . .263 private, are not currency 263 larceny of 437 forgery of 339 NOTICE to town officers 98 of suits. See Actions. of taxes before distress. See Taxes. of sale for taxes. See Taxes. of support. See Paupers. in probate cases. See Court, probate. NUISANCES, removal of 230 regulations for, made 230 power of health officers 230 leaving, penalty 231 buildings are, when 231 privies and styes, when 231 in street, how removed 332 NUNCUPATIVE WILL, when va- lid 312 OATH includes affirmation. 38, 45, 69, 380 of public officers 38, 69 of debtor in usury 383 on license to sell 328 of poor debtors 400 of town officers, form 97 of allegiance, form 37 filed in secretary's office 38 official, how administered 38, 69 before legislature 47 commissioner may administer. . . .69 ceremony in taking 69, 380 record of 70, 98 in courts martial 184, 185 in court of inquiry 186 of inspectors, how taken 188 of grand and petit jurors . . . .350, 351 profane, forbidden 445 OATS, measurement of 212 OBLIGATIONS, joint, when severed 321 OBSCENITY, punishment of 221 OBSTRUCTING officer, penalty 441 , 442 68 OFFENCES against the State 432 the life or person 433 property 435 public justice 440 the public peace 443 chastity, &c 444 public policy 446 OFFICES, what incompatible 39 e.xclusion, by bribery 40 tenure of. (See Tenure.) 69 not hereditary 18 not affected by repeal 476 OFFICERS, appointment of 31 accounts rendered by 33 majority of, acting 45 who are meant by 45 public, to take oath 69 age limited 36, 69 removed by address 32, 70 how qualified 79 eligibility of 82 town, choice of 96, 97 to be sworn 97 vacancies filled 99 action against to be case 359 embezzlement by, penal 433 personating, penalty 443 obstructing, penalty 441, 442, 453 powers, on warrants 450 of other states, rights 452 to seize articles made or used un- lawfully 459 neglect of, penalty, if no other.. 460 fees for recording, &c 471 health. See Health officers. police. See Police. military. See Militia. corporate. See Corporations. OFF-SET. See Set-off. . ORDNANCE. See Militia. ORIGINAL PROCESS. See Writs. ORNAMENTAL TREES, injury to. 221 OTTERS, protection of 241 OVERSEERS of the poor, choice of.. 97 if none, selectmen to be 97 duties of. See Paupers. OWNERS of common fields 255 of common lands 277 may pilot their vessels 237 PAGE, in copies, 224 words 471 PARDON, granted by governor 32 granted by president 8 588 INDEX. PARENT to record births, «fec 240 to support cliildren 138 liable for fine on child. .223, 229, 303 neglect of military duty. .1,65 for apprentice. See Ap- prentice. PARISHES declared to be towns 93 PAROL promise not binding, when. .328 conveyances, effect of 244, 424 PARSONAGE, provision for 281 donation for, how held 282 conveyance of ^83 PARTITION OF REAL ESTATE, 413—416 Jlgent, if owner unknown 414 if owner incapacitated 414 to be notified 414 by judge of probate 415 Jlppllcutlon, how to be made 413 estate, how described 413 owners, how described 413 notice of, how given 413 to judge of probate, when 415 Committee^ how appointed 4 14 to give notice 415 to make partitions, how 414 Costs, when and how allowed 415 before judge of probate 415 distress therefor 416 Guardian, if owner an infant, &c . .414 to be notified 414 how appointed 415 JVotice of application, given 413 of hearing by committee 414 before judge of probate 415 Partition, in what cases 413 when and how made 414 not avoided by conveyance 415 nor by encumbrance 415 nor by death 415 made by judge of probate 415 if share not set off" to owner ... .415 if estate not divisible 416 Petitionee to be notified 413 if unknown or out of State 413 if an infant, guardian or agent appointed for 415 Report, when and how made 414 to be recorded 414 costs adjusted in 414 to judge of probate 415 Trial of disputed questions 414 costs on, how allowed 415 PARTNERSHIP. See Copartners. , PARTNERSHIP. superior court may adjust 340 PARTY, death of. See Abatement. nonjoinder of. See Abatement. misjoinder of. See Abatement. oath of, in usury 383 fees of 472 PASSENGERS in infected ves- sels 233—236 pauper, bonds for, given 140 PAUPERS, support of, and preven- tion of pauperism 135 .Action, not until notice given 138 limited to three years 139 trial of, transferred, when 139 Jlpjir entices, poor children bound as 138 for how long time 138 bound by written contract 138 usage of, inquired into 138 bound out by county 140 Bastards. See Bastards. Burial of paupers, provided for 138 Children legitimate, settlement. . . . 136 illegitimate, settlement 136 no settlement by birth, if 137 how bound out 138 of county paupers, bound out. ..140 support of 138, 141 County liable for support, when. . . .139 may purchase county farm 139 in towns not organized 140 persons chargeable, bound 140 sent to asylum, when 56 Idle persons bound out, how 137 punishment of 226 sale of liquor to, penalty 222 Insane, supported at asylum 56 supported by count}', when 57 Maintenance by town 137 liability of towns for 138 of relations for 138 of county for 139 of bastards 141 Masters of vessels to give bond .... 240 bond, how made out and filed. ..140 landing passengers M'ithout 140 JYoticc of sums expended, given. -.138 no action lies, till given 138 service of, how made 1 38 for how long, good 138 Overseers of the poor, choice of 97 selectmen to be if no choice 97 to relieve all poor persons 137 to bind out idle persons 137 INDEX. 539 PAUPERS, &c. ■Overseers, to bind children, when. .138 binding out, how done 138 may set to work idlers 138 may bind out for county 140 may send to asylum 56 Pau'perism, prevention of 141, 226 Penalty for bringing into State .... 140 county. . .140 on master of vessel 140 sale of liquor to pauper 222 buying property of pauper 222 Poor farm may be purchased 137 officers of, appointed 137 Relations liable for support 138 Removal of paupers by court 141 Settlement, how gained 136 not by birtli, unless ] 37 before January 1, 1796 137 continues till new one gained . . .137 Town to relieve all needy persons.. 137 may purchase farm 137 liable for support of 138 notice of expense, given ] 38 not organized, support of 140 may send to asylum 56 PEACE, Public, offences against. . . .443 PEACE, sureties for. (See Sureties.) .U^ PEARL ASHES, {^ee Ashes.) .. ..2M PEDLERS AND HAWKERS, li- cense of. 238 what sold without 238 violation of, penalty 238 powers of justice 239 PENALTIES AND FORFEIT- URES 429,430 recovery of, mode 429 appropriation of, mode 429 time of neglect reckoned 429 trial for, where had 429 prosecution for, limited 430 what justice may hear 430 witnesses, who may be 430 proceedings on trial 430 costs follow event of suit 430 remitted by selectmen 430 what, if no other provided 460 PENSIONS, when granted 22 PEOPLE, inherent power of.. .13, 17,18 may assemble and petition. . . .12, 21 may bear arms 12 may alter government 19 to be protected 19 PERAMHrr-ATION of liue^ 100 PERAMBULATION. duty of selectmen in 100 in unincorporated places 101 penalty for neglect 100 court of common pleas to settle. .101 PERJURY, indictment for 441 in militia returns 159 what is deemed to be 441 subornation of 441 punishment of 441 attempt to procure 447 Person includes corporation 44 offences against 433 forcible seizure of 435 PERSONAL ACTIONS, where brought 358 trustee on, when 418 limitation of 360 PERSONAL ESTATE, attachment of 367 levies on. (See Levies.) 390 mortgage of 247 PERSON, offences against the 433 PERSONATING officer, penalty ...443 PETITION, right of, protected .... 12, 21 probate proceedings begun by. . .305 filed in vacation 377 PEWS are personal property 369 sale of, on execution 391 exempt from attachment 368 PHYSICIANS exempt from military duty 156 may give certificate, when 163 PICKLED FISH. See Fish. PILFERER, Common, punished 226 PILOTS, appointment of 236 deputies appointed 236 oath and bond of 236 duty and powers of ■ . .236, 237 cruising ground of 236 liealth regulations, notice 235 duty as to quarantine 235 neglect, penalty 235 fees of 237 PISCATAQUA. (See Harbor of. ) . .236 PLACES. (See Unincorporated pla- ces.) 101 PLEA, special, not necessary, when . .377 of title to real estate excepted.. .377 in actions of review 375 of set-off 378 to be in English language 361 amendments allowed 376 PLITRAL includes shi^ular 44 540 INDEX. POLICE OF TOWNS 220 Appeal, when allowed 223, 225, 22G bond on, given 223 Arrest by police officers '224 by watchmen 235 Complaint for offences 222 warrant on, issued 222 summons, when issued 222 neglect to appear 222 liability of town 224 Offences, description of 221, 222 disorders in street 221 obscene songs, figures, &c 221 injuries to property 221 gaming and juggling 221 making noise illegally 221 use of friction matches 221 injuring sidewalks 221 bathing, exposure by 221 leaving carriage in street 221 drunkards and prostitutes 222 treating paupers or idlers 222 buying of pauper 222 resisting police officer 222 riding fast in street 222 driving cart carelessly 222 against public regulations 224 in night time 225 idle or disorderly persons 226 Officers. See Police officers. resisting, penalty 222 Penalty for police offences 222 parent, &c., liable, when 223 fine, «fcc., to whom paid 223 for whose benefit 223 idle or vicious persons 226 how remitted ..224, 430 Police regulations, made 224 Watchmen, appointment of 225 duty and powers of 225, 226 Police officers, appointment 223 tenure and oath of office 223 compensation of 223 to arrest offender 224 to make regulations 224 penalties, how remitted 224 law in force, where 224 Sunday, duty as to 228 religious meetings, duty as to 229 POLICE REGULATIONS, how made 224 by fire wards 216 POLICY, Public, offences against ..446 POLLS, taxation of 102, 103, 103 POLLS. what are ratable 89 list of, made out 84 for choice of representatives 24 POOR. See Paupers. POOR DEBTORS. See Debtors. PORK. (See Beef and pork.) 189 PORTSMOUTH, schools in 152 measurers of grain in 211 gunpowder in 220 POSSESSION, writ of, form 389 on levy upon real estate 394 for foreclosure of mortgage 247 by trespasser, gives no title 417 POST GUIDES. See Guide posts. POSTHUMOUS CHILDREN, shares of. 311, 332 POT ASHES. See Ashes. POTATOES, weight of 212 POUNDS AND IMPOUNDING... 256 Animals impounded 256 notice of, to owner 256 appraisal of. 257 sale of 257 treated as strays 257 rescued, retaken 258 to be fed 258 Appraisers, choice of 257 duties of 257 Damages estimated 256 notice of, to owner 256 appraisal of. 257 payment of 257 Impounder, duties of 256 to confine animals 256 to estimate damages 256 to notify owner 256 fees of 258 Impounding regulated 256 — 258 costs and fees of 258 Penalty, notice of, to owner 256 neglect to keep pound 258 rescue or pound breach 258 neglect of animals 258 Pound to be provided by town 258 if none, what to be such 256 Pound keeper, choice of 97 vacancy, how filled 99 oath of office 97 neglect to serve, penalty 98 to feed animals 258 fees of 258 Pound breach, penalty for 258 evidence of, what 258 INDEX. 541 POUNDS AND IMPOUNDING. Rams impounded 241 Rescue, penalty for 258 animals retaken 258 Stray beasts, animals treated as.... 257 proceedings as to 260 Towns to provide pounds 258 penalty for neglect 258 POWDER. (See Gunjwicdci-) ..20(5,219 POWERS of government, defined 22 of governor 30 — 33 of congress 5 of U. S. limited 13 of attorney' 244 PRESIDENT of U. S., choice and powers 7, 8 PRESS, freedom of the 12, 21 PRINTING includes icriting 45 PRISON, State. (See State prison) . 463 PRISONER. See Arrest— Jail. rights of, under U. S 12 constitutional right of. 19 trial, where to be 20 conveying tools to 442 aiding escape of 442 permitting escape of 442 standing mute 458 rights of, on capital trial 457 for life, civilly dead 450 in jail, removal of 462 discharge of 462 support of, how 461, 462 PRIVATE WAYS. See Highways. PRIVATE BANKING forbidden ... 263 PRIVILEGE from arrest 4, 26, 372 PRIVILEGED debts, what are 324 PROBATE COURTS. (See Courts of prolate) 305 PROBATE BONDS AND SUITS.. 335 .Action on bond, how brought 336 plaintiffs, names of, endorsed. . . .336 priority of, settled 337 new ones added 337 costs, how allowed 337 review of, not allowed 337 Bond, when to be given. .315, 316, 327 condition of 315 breach of, is fraud 328 new, required, when 336 to be given to judge 336 attachment on 337 chancering of. 336 Execution, how issued 337 for costs, issued 337 PROBATE BONDS AND SUITS. Judgment on, how rendered 336 scire facias on, allowed 337 not to be a bar, when 337 Sureties, liability of, limited 326 discharged 336 insufficient, new bond 336 PROBATE of wills. See Wills. PROCESS. See Writs— Justices. PROFANITY, punishment of 445 PROMISSORY NOTES, action on. .359 grace, when allowed 359 larceny of 437 forgery of 439 how trusteed. See Trustee PROCESS. PROOF of deeds, how made 244 PROPERTY taken for public use. 12, 19 to be protected 19 offences against 435 — 438 fraudulent conveyance of. 438 receipt of 438 stolen, receiving, penalty 437 PROPORTION of taxes 57 PROPRIETARY RECORDS . .279, 280 PROPRIETORS of common lands .277 by-laws, how made 277 meetings, when holden 277, 280 officers of 277, 278 assessments and sale 273, 279 records, how kept 279, 280 Masonian lands 280 PROPRIETORS of common fields.. 255 PROROGATION of legislature 31 PROSTITUTES, punished 222,226 arrest of 225, 226 PROSECUTIONS, how brought. . . .429 limitation of 430 costs of, how paid 451 compensation to prosecutor 459 how affected by repeal 475, 476 if recognizance forfeited, allow- ance made to prosecutor 430 PROTESTS entered on journal 26 notarial, are evidence 68 PROVISIONS not attachable 368 PROXY, voting by, forbidden 289 PUBLIC HEALTH. See Health. PUBLIC HOUSES. See Licensed HOUSES. PUBLIC JUSTICE, offences against 440 PUBLIC LANDS 53 PUBLIC PEACE, offences against., 443 PUBLIC SHOWS regulated 239 542 INDEX. PUBLIC WORSHIP, disturbance of 228,229 PUBLIC PRINTER, choice of 49 to give bond 49 duties of. 49 compensation of 49, 50 duty as to statutes 47 journals 48 PUBLICATION of statutes 47 of journals 48 PUBLISHMENT. (See Marriage.) .201 PUNISHMENT, see several offences. cruel, forbidden 13, 20, 22 how affected by repeal 475, 476 of death, how inflicted 458 where benefit of clergy 458 on second conviction 458 on third conviction 459 in house of correction 225 in state prison 463 QUAKERS, exempt from military duty 156 marriages, solemnized 293 clerks of, duties 291 monthly meeting, property held by 283 QUALIFICATION of governor 30 .of senator 27 of representative 25 of town officers 69, 82 of county officers 77 QUARANTINE, regulations for 233--236 QUORUM of superior court 341 of house 26 of senate 29 of public officers 45 QUO WARRANTO, how issued.... 340 RAILROAD CORPORATIONS. (See Corporations.) 275 agent to furnish secretary with list of stockholders 103 tax on, how paid 102 how distributed 1 03 land taken by consent only 276 of infants and wards 276 may be holden by 276 crossing places guarded 276 duty as to fences 276 damage by fire or steam 277 may insure against 277 contracts with other roads 277 number of directors, limited 288 RAILROAD CORPORATIONS. placing obstructions on, penalty .435 removing rails 435 removing rails, attempt punished 437 RAMS running at large, forbidden 241 RAPE, punishment of 434 attempt to commit 447 assault with intent to commit... 434 REAL ACTIONS. (See Actions— Abatement.) limitation of 360 writ in, form of 362 justice not to try 346 view, when granted 378 administrator may prosecute 320 may review. . .320, 321 REAL ESTATE, meaning of 45 sale of, for taxes Ill, 113 estates in, created 242 conveyance of 243 mortgage of 245 attachment of 363 levy on, on execution 393 RECEIVING stolen goods, penalty .437 judgment for value 437 RECOGNIZANCES on violation of law as to licensed houses 228 Sunday 228 religious meetings 229 idle and disorderly persons.. 226 hawkers and pedlcrs 339 landlord and tenant 425 taken in name of the State 431 if forfeited, allowance to com- plainant made 430 suit on, where to be brought 431 proceedings if forfeited 451 remitted by court, when 462 RECORDS, town clerk to keep 96 proprietary 279, 280 of corporations, open 288 false making, penalty 443 fees for 471 of transfers of shares 287 justices, when filed 347 notaries, when filed 68 amendment of 91, 376 of oaths of town officers 98 of marriages 292 of births and deaths 239 of personal mortgages 249 of mechanics' contracts 250 of notice of strays 260 of police regulations 224 of fireward regulations 216 INDEX. 543 RECORDS. of redemption of land sold for taxes Ill, 113 of mortgaged real estate 24G personal estate 249 of land set off on execution 394 of equity sold on execution 395 REFERENCE OF DISPUTES ... .4:6 agreement to refer, form 426 what may be submitted 426 submission, mode of 427 not to be revoked .. .427 hearing and report 427 judgment on report 427 costs and fees 428 before justice when final 428 before judge of probate 324 REGIMENT. See Militia. REGISTER OF DEEDS, choice of 35,77 oath and bond of 35 districts for choice 35 to distribute blanks 64 duties of 79 bond and suits thereon 79 neglect of, penalty 79 fees of 473 removal of 77 vacancy, how filled 77 REGISTERS OF PROBATE. See Officers. appointment of 31 not to be of counsel 37 office, where kept 307 fire proof safe provided 307 appraiser, not to be 307 commissioner, not to be 307 salary of 468 to be in full, how far 307 fees of 307 receipt for, given 307 wills, &c., to be recorded 307 blanks for, furnished 308 to adjourn court, when 308 RELATIONS. See Paupers. RELIEF OF POOR DEBTORS. See Debtors. RELIGIOUS FREEDOM guaran- tied 11, 12, 18 RELIGIOUS SOCIETIES formed.. 281 by-laws, how framed 281 powers and rights of 281 property, held by 281, 283 income limited 281,283 RELIGIOUS SOCIETIES. assessments, how made 282 members, who are 281, 282 RELIGIOUS MEETINGS, rude- ness in 228 disturbance of, penalty 229 arrest of offenders 230 prosecution limited 230 REMAINDER MAN, road damages. 120 estate of, how barred 242 REMOVAL of officers 32, 36, 70 RENTS AND PROFITS on mort- gage 246 levy on, how made 394 purchaser liable for 395 right of dower in 329, 412 of mills, lien on, for repairs 253 REPAIRS of mills. (See Mills.) . . . .251 of highways. (See Highways.) . .126 of buildings. (See Firewards). .217 by tenant in dower 329 REPEAL, effect in civil cases. . ..45, 475 criminal cases 46, 475 not to revive acts repealed. . . .46, 476 under Revised Statutes 475, 476 when to take effect 475 REPLEVIN, writ of, form 3G3 of cattle impounded 411 of property attached on writ. . . .41 1 exempted 411 property may still be attached .. 370 bond to be executed, how 411 for whose benefit 371 action on, where brought 411 officer, powers of 411 REPRESENTATIVES to general court 24 ratio of 24 for classed towns 25 in special cases 25 qualifications of 2.5 how and when chosen 25 vacancies, how filled 25 who are not eligible 39, 40 election in towns not classed 89 classed towns 90 meeting, when holden 69, 90 adjournment of. 89 towns authorized to send 24, 89 classed, list of 91 certificate of election 89 e.xempt from arrest 26 military duty 156 544 INDEX. REPRESENTATIVES in congress, clioice of 2 how apportioned 3 power of. 3 exonpt from arrest 4 meetings for choice of 86 choice, how made 66 second trial, how made 86 third trial, how made 87 vacancies, how filled 87 certificate of election 86 REPUBLICAN GOVERNMENT guarantied 11 RESCUE of prisoner 441, 442 from police officer 222 of cattle impounded 258 RESISTING officer, penalty ., .441, 442 police ofl&cer 222 RESOLVES to be approved 31 form of 47 RESPONDENTIA BONDS 248 RETAILERS. (See Licensed houses.) 227 RETROSPECTIVE LAWS forbid- den 21 RETURN of votes for governor, counsellors and senators 85 of votes for representatives in congress 86 of votes for electors 88 neglect, penalty 86, 87, 88 making false, penalty 443 secretary to certify neglect 91 REVIEW 386 Jlction of, against insolvent estate . . 320 administrator may bring 321 not allowed on appeal from com- missioner of insolvency 326 nor in suit on probate bond 337 if defendant had no actual notice before justice .375 where issue of fact joined 386 in special cases 3S6 where returnable 386 execution not stayed by 387 except on motion 387 Costs, allowance 387 of review, only allowed 387 Evidence, new, introduced 387 papers used on first trial 387 Grant of, by superior court 386 terms may be imposed 386 Judgment, how to be rendered 387 for costs, how rendered 387 REVIEW. Petition for, how presented 386 limitation of 386 Pleadings, original, trial on.. .375, 386 Trial to be on original pleadings. . .386 where to be had 386 copies of papers produced 386 as if no judgment rendered 387 ffrit of, when granted 386 service of 365 REVERSION of dower, sale of 327 partition of 334 REVISED STATUTES, cited, how 475 when to take effect 475 repeal of acts by, effect. . . .475, 476 REVISION of constitution 40 REVERSIONER, road damages .... 120 REVOCATION of wills. See Will. RIDING FAST, forbidden 222 RIGHTS, bill of 17 under U. S constitution 12 not granted to U. S 13 natural, of men 17, 18 of conscience 17 of petition 12, 21 of altering government 19 protection of 19 in equity. See Mortgage. RIOTS, punishment of 444 proclamation, how made 444 RIVER, highways over 119 timber floating on 259 Connecticut, west line of State.. 100 ROADS. See Highways. includes bridges 45 law of 134 ROBBERY, punishment of 434 assault, with intent to commit 434 attempt to commit 447 ROCKINGHAM COUNTY, bounds. .71 ROCK WEED, provisions for 238 ROGUES, punishment of 224 RULES for construing statutes 46 of discipline. See Militia. for practice in courts 341 SAID, meaning of, in statutes 45 SALARIES 467—470 SALE OF MERCHANDISE 187 beef and pork 189 beef cattle for market 194 butter and lard 195 lumber, hoops, i&c 210 hay, leather, cord wood 210 INDEX. 545 JSALE OF MERCHANDISE. oats, potatoes and bread 212 real estate by guardians 300, 301 by administrators 327, 328 of land, contract to be in writ- ing 358 of personal estate, on execu- tion 390 of equities and terms 394 by trustees i . . . 335 SCHOOLS 143 Apportionment of school money .... 148 neglect of, penalty 148 of literary fund 154 Assessment on district divided 144 when districts united 144 if district neglect 147 of school house tax 148 Books, class, determined, how 151 not to be sectarian or political. . .151 poor children provided 151 exempt from attachment 367 Clerk of district, choice of 145 to be sworn, how 146 duties of 146 vacancy, how filled 146 Districts to be formed 144 division, how made 144 penalty for not districting 144 union of, how effected 144 property of, divided, when 144 meetings of, holden 145 are corporations 145 officers of, who are 145 powers and rights of 145 execution against 145 Houses, erection and repair of. 147 location of, determined 147 lot for, laid out 147 school to be kept in 149 Literary fund 154 Meetings of district, how holden. . . 145 special, how warned 145 Penalty for not dividing town into districts 144 for not apportioning money 148 assessing money 148 expending legplly 149 Portsmouth excepted, in part 149 schools in, provisions 152 Prudential committee, choice 145 vacancies, how filled 146 may be dismissed, when 146 duties of 146 69 SCHOOLS. Railroad tax to be apportioned 103 Scholars, where may attend 150 may be classified, v\'hen 150 Selectmen to district town, when .... 144 penalty for neglect 144 to appraise property, when 144 to assess tax, on neglect 147 to lay out school house lot 147 to determine location 147 to assess school money 148 to apportion money 148 to assess school taxes 103 to appoint superintending com- mittee, if none chosen 149 Superintending committee, choice . . . 149^ selectmen to appoint, when 149 to examine teachers 149 to dismiss teachers 150 scholars 150 to examine schools 150 to direct class books 151 to make report annually 151 compensation of 151 Tax on division of district 144 on union of districts 144 meeting for, how warned J 45 school house, how raised 147 assessed 148 school, how assessed 148 town may increase 148 collection of 108 Teachers to be examined 149 may be dismissed 150 qualifications of. 150 wages, when and how paid 150 to inculcate virtues 151 Voters in district, who are 145 SCIRE FACIAS against adminis- trator 321 on judgment of justice 358 against endorser of writ. . . .855, 365 form of. 364 service of 365 on bond given for return of pro- perty attached, when 371 on replevin bond, when 371 on judgment on bond 384 against bail 402, 403 SEAL, great, on commissions 38 of writs 38 meaning of, in statutes 44 of State, description of 64 on certificates of election ?6 546 INDEX. SEALERS OF WEIGHTS AND MEASURES, town, choice of 97 oath of office of 97 neglect to serve, penalty 98 vacancy , how filled 99 SEARCH WARRANTS regulat- ed 12,20 in the day time, issue of 449 in the night time, issue of 450 SEA WEED, provisions 237,238 SECRETARY OF STATE, choice of 33 salary of 4G7 fees of 474 duties of 35 to give bond 35 deputy appointed 35 to furnish acts to public printer. . .47 to distribute statutes 48 to publish in papers 48 to distribute U. S. laws 48 to keep seal of State 64 to distribute blanks 64 to arrange papers 64 to give copies 64 to subscribe for N. H. Reports 64 literary fund, duties 154 on neglect to return votes 91 SEIZIN, writ of See Writs. SELECTMEN, choice and duties of 96 Abatement of taxes 105, 109 of nuisances 230, 231 Appointment hij, of treasurer 100 in case of vacancies 99 of town clerk, forthwith 99 agent to perambulate 100 weighers of beef 194 vaccinating agent 232 Check list, to post up 82 to lodge with town clerk 82 meetings for correction of 83 to be used in voting 83 Choice of 96 Classed towns, duties in 90 Duties in special cases. appointment of enginemen 217 police officers . . .223 agent to peram- bulate 100 weighers of beef. 194 as to licensed houses 227 firewards 218 SELECTMEN. Duties as to nuisances 232 police regulations 224 religious meetings 228 small pox, &c 232 shows, &c 239 mills 252 drawing jurors 348 paying debt of town 397 Elections, duties concerning 82 list of voters 83 ratable polls 84 fraud in, penalty 85 Enginemen, to appoint 217 Ezte?its by, when issued 1 17 against, when issued 116 remedy against collector 1 17 town 118 Firewards to furnish money to . . . .218 List of polls to he made 84 Majority may act, when 45, 94, 96 Meetings on choice of governor 85 counsellors and senators 86 representatives in congress 87 to general court . . .89 county officers 76 town officers 94 warning of 94 government of 95 who is to preside in 95 Militia. See Militia. Oath of office, of 97, 98 selectmen to administer 97, 98 Paupers. See Paupers. Penalties for fraud in elections 85 for neglect in classed towns 91 to warn town meeting. 91 remitted by selectmen 224, 430 Police regulations, to approve 224 penalties remitted how 224 Perambulation of lines 100 in unincorporated places 101 Selectmen, meaning of word 45 Taxes. See Taxes. railroad, appropriated 103 Toicn officers to act as, when 97 Warrant for town meetings 94 service of 94 neglect to issue, penalty 95 Vacancies in town offices, to fill 99 Voters, list of, to be made 82 corrected 83 in classed towns 90 Votes, to assist in counting 84 INDEX. 547 SENATE, constitutional power 26 districts for choice 27 judges of elections 28 SENATORIAL DISTRICTS ...74,75 SENATORS, qualifications of. 27 by whom chosen 27 choice of 28 vacancies filled 2S eligibility of. 39, 40 SENATE U. S. constituted 3 qualification of senators 3 powers of 4 impeachment by . • 4 election of members 4 SERVANTS. See Masters. SERVICE of mesne process 365, 366 scire facias, or review 365, 366 summons on attachment 365 writ of summons 365 defendant not inhabitant... 366, 375 on corporations 366 town or county 366 SET-OFF of mutual debts 377, 378 notice on plea of 378 judgment on, rendered 378 of existing debt only 378 of executions 390 SETTLEMENT. See Paupers. SHAKERS, military duty of 156 SHARES. See Corporations. SHEEP, marks and brands of 241 rams running at large 241 taxation of 102 SHELL FISH, packing of 203 SHERIFFS AND DEPUTIES 352— 356 Jictions on sheriff's bond 355 judgment in, rendered 354 costs on, allowed 355 against officer to be case 359 body not liable on 372 ■Appointment of 31 certificate of age given 69 'Bond to be given, how 352 until given, not qualified 353 sufficiency of, examined 353 new, required, when 353 what is a breach of 354 action on, how brought 355 Deputies, appointment of 353 oath and bond 353 removal of 353 special, appointed 353 deputation recorded 353 in case of vacancy 354 SHERIFFS AND DEPUTIES. Deputies, defaults and misdoings of. 3.54 not to be attorneys 356 not to make writ 356 to render account 356 Duties in serving venires 349 neglect of, penalty 349 to serve all process 353 to act as crier of court 353 to pay over money received 355 to render account of services. . . .355 not to act as attorney 356 to render account of fees 356 service of mesne process. . . .365, 366 arrests and bail 372, 373 ' Execution against, how to issue ..,354 copy filed with secretary. . „ 354 body not liable on 372 Fees, account of, rendered 356 salary retained out of .356 for personal services 356 what are allowed 472 to be endorsed on process 473 for return of votes 92 Jailer, appointment of , 461 jail to be kept by 461 if no sheriff", duty 355 Office holden for five years 69 not holden after 70 years 69 certificate of age filed 69 oath of, form 09 removal from, by address 70 for not giving bond 353 not renewing bond 353 not paying execution 354 not paying money 352 Penalty for not giving bond 353 not serving process 353 not paying execution 354 not aiding officer 354 Poicers to adjourn courts 344 to preserve the peace S54 to serve process 353 in vacancy of office 354 Pi'isoners, hy whom kept 4S1 if no sheriff", how kept 354 how supported 461 defrauding, penalty 462 escape of, liable for 462 Removal for not renewing bond. . . .353 not satisfying execution 354 not paying over fines 355 holding after 70 years 36, 69 of deputies 353 548 INDEX. SHERIFFS AND DEPUTIES. Removal by address 70 Return of votes for governor, coun- sellors and senators 86 of votes for representatives in Congress • B7 of votes for electors of president. 88 fees of sheriff for 92 of sale of property on writ 370 of arrest and bail, how made . . . .373 Salary of 469 retained out of fees 356 SHINGLES, survey of 208 SHOWS, license for 239 SIGN BOARDS regulated by police. 224 injury to, punished 221 SINGULAR includes plural 44 SLANDER, limitation of suit 360 SLAUGHTER HOUSES, when nui- sances 231 SMALL POX, duties as to 232 inoculation for, forbidden 232 pest houses provided 233 SOLDIERS, quartering of 12, 21 SOLICITORS, appointment of .. .31, 66 salary of 468 duties of 66 to give bond 67 suits on bond 67 to render account 67 to prosecute for neglect to return votes 91 SOLITARY IMPRISONMENT.... 458 SPEECH, freedom of 12, 21 SPENDTHRIFTS, guardianship of. .299 liquor sold to, penalty 222 SPIRITUOUS LIQUOR, sale to pau- per 222 sale at religious meetings .229 STANDARD weights and measures. 213 STATE, western boundary of 100 includes territory 44 powers limited 7 new, how formed 10 offences against 432 suits against, regulated 13 STATE HOUSE, keeper of .50 repairs of, made 51 yard, fireworks in 51 STATE LANDS. (See Lands, Public 53 STATE LIBRARY. (See Library, State 51 STATE PRISON 463—466 STATE PRISON. .Accounts kept and rendered 464 vouchers deposited 465 Jilteratio7is, how made 464 Contracts, how made 464 warden not to be interested 464 Convicts, how committed 465 assaults by, punished 465 rewards and punishments 466 clothes furnished to 466 in custody on civil process 466 of United States 465 Governor and council, powers of. . .464 Guard, military, provided 464 warden to command 464 Officers, how appointed 464 duties, how prescribed 464 Punisluncnt for assault 465 allowed and regulated 466 for assault on officers 465 Regulations, how made 464 Report io legislature made 1465 Solitary imprisonment allowed 466 Visitors, board of, who are 465 duties of board 46-5 Warden, how chosen 463 salary of 468 to give bond to the State 463 vacancy, how filled 464 duties and powers of 464 deputy to be appointed 465 assault on, penalty 465 liable for escape, when 465 to receive U. S. convicts 465 to order rewards and punishments 466 to furnish clothes, &lc 466 to detain convict, if in custody on civil process 466 execution against, levied 466 removal of, if not paid 466 STATE TAX, apportionment 57 warrant for collection 63 delinquencies in 63 extents for 63 STATUTES, enacting style of 39 construction of 44 publication of 47, 48 distribution of 47 present at town meeting 84 repealed, list of 476—497 repeal not revived by 46, 476 revised, how cited 475 construction of 475, 476 originals, where kept 64 INDEX. 549 STAVES. See Lumber. cullers of, chosen 97 STEALING. See Larcext. STEELYARDS to be feealed. . ..213,214 STOCK in public funds taxed 102 in corporations taxed . .101, 104, 107 in trade taxed 102, 104 neat, taxed 102, 104 rail road, tax on, distributed 103 STOCKHOLDERS. See Corpora- tions. STOLEN GOODS, receivers of.... 437 STRAFFORD COUNTY, bounds ...71 STRAY BEASTS and lost goods... 260 finder to give notice 260 appraisers appointed 260 oath and duty of 261 expenses adjusted 261 neglect, penalties • .261 not taken up, when 261 fees and costs 261 STUDENTS, right of suffrage 82 taxation of 104 not liable to military duty 157 SUBMISSIONS before justice .426—428 SUBORNATION of perjury. 441 attempt to procure 447 SUBPCENA for witnesses 379 SUFFRAGE. See Elections. SUITS. See Actions. SULLIVAN COUNTY, bounds 72 SUMMONS, form of writ of 363 on attachment, form 362 service of 365 on original writ 361 service of 365 for witnesses, form 379 by whom issued.. 379 for jury, by coroner 454 SUNDAY, work on, forbidden 228 behaving rudely, penalty 223 disturbing meetings 229 penalties recovered 228, 229 SUPERIOR COURT. See Courts, Superior. SURGEONS to grant certificates 163 exempt from military duty 156 SURETIES to keep the peace 449 on appeal from justice 448 for assault and battery 443 on police offences 226 for disturbing meetings 229 on prison bonds 398 on administration bonds 315 SURVEYORS of highways, choice ..97 to be sworn 97 neglect to be sworn, penalty 98 vacancy filled 99 duties of 127, 128 liable for damages 130 SURVEYORS of lumber, choice ....97 to be sworn 97 neglect to take oath, penalty 98 vacancy filled 99 SWEARING, Profane, penalty 445 ceremony, what is 69, 380 affirmation instead of 38, 45 SWORN includes affirmed 45 TALESMEN, return of 350 TAVERNER. (See Licensed houses.) 227 TAXES, when lawfully levied 21 are privileged debts 324 TAXES, ASSESSMENT AND COLLECTION 101 ■Abatement by selectmen 105, 109 court 109 Animals, taxation of 102, 104, 108 Appraisal of property, liow made.. 107 if property owned in severalty ..107 deduction, when made .... .107, 108 Jlrrestfor, proceedings 110 of non-residents Ill fees for Ill Assessmc7it made on invoice 108 mode of making 108 what included in one 108 record to be made 108 on all residents, April 1 105 by state treasurer, when 115 county treasurer, when 115 to pay execution 397 Assessors, duty of 97 Carriages, when taxed 102 Collection of 109, 112, 115 residents, notice to 110 by distress 110 by arrest 110 sale of real estate Ill tax on personal property Ill non-residents, list made 112 list lodged at Concord 112 removing from town Ill Collector. See Collector. powers and duties of 110 — 114 liability limited Ill Common fields, when raised 256 550 I.NDEX. TAXES. Corporations, when taxed 102 where to be taxed 104 stock in, when taxed 102 where taxed 104 notice given to 1 ] 0 distress on Ill officers to give invoice 106 County, how granted 80 how assessed 108 how collected 80 Dce