MAINE STATE LEGISLATURE

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THE ."

REVISED STATUTES OF THE · . ,

STATE OF MAINE, PA,.SSED JANUARY 25. 1871;

TO WHICH ARE PREFIXED

THE CONSTITUTIONS

OF THE

UNITED STATES ilTD OF. THE STATE OF MAINE:

WITH AN APPENDIX.

BY AUTHORITY OF THELEGISL.!.TURE ..

PORTLAND:

PUBLISHED BY BAILEY & NOYES.

------------------~----~----------------~!

li-.;rDEX TO REVISED STATUTES. 1239 SURVIVAL OF ACTIONS,

provisions in relation to, § 8; 690. by or against sheriffs, ~ 11, 603; §§ 52, 53, 625. surviving parties, may prosecute or dcfend, jointly with executors or administrators of deeeasccl

parties, § 10, 69l. may testify as witnesses, § 10, 69l.

IJetitions for partition of real estata not abated by death of either party, H 11, 12, 695. of waste and trespass, § 4, 732. of real actions, § 16, 763;

SURVIVING PARTNERS, proceedings of, in settlement of estates of deceased partners, 5!i, 5!3.

Sce Partners, Estates oj Deceased. in recognizances for debts, the rights andliabilitles of sun'hing debtors and creditors are same

as in ease of judgmcnts, § 5, 789. SWALLOWS,

destruction of, whcn prohibited, § 16, 325.

SWEARh-.;rG, profanely, penalty for, § 16, 850.

SWINE, regulations, respecting their going at large, may be established by to,wns, § 40, 81. less tlLan six months ol~l, exempt from taxation, § 6, 130.

, when ,exempt. from attachment, 62/'.

SWORN, duly sworn, or sworn according.to Iltw, how construed, § 4, 58.

TABLES, of fees, of public officers, to be kept exposed to public .vicw in their places of'business, § 24, 821.

TAIL, TENANT IN, may convey lands in.fee simple, § 4, 559.

TALESMEN, .

TAX, when and how returned as jurors, § 70, 649. See Jltl·ors.

of three·fourths of a mill, on every dollar of state valuation, to be raised as a state sinking fund, § 17, 65.

warrants for assessment of state· tax, to be issued by treasurer of state, §§ 64, 65, 72; § 38, 137. errors in tax lists, how amended, § 8, 78. towns authorized to raise money by, ·to aid in construction of railroads, § 80, 465.

B.L .... li:; of one half of one pcr cent. of capital stock, payable semi-annu311y, § 37, 409. Unitcd States tax to be dedncted, § 37, 4Q9. payment of, how enforced, § 37, 409. appropriated to schools, § 91, 203:

HrGIIW.,\,Y, assessment of, authorized, § 35, 83; § 44, 248; § 55, 250. manner of payment, § 45, 248. how collecrcd, § 57, 250; §§ 61---1i4, 25l.

, discount on, towns may' authorize road commissioners to allow, § 6!, 25l. abatement of, for kecping in repair watering troughs, and using wide wheels, § 56, 250.

TAXES, ASSESSMENT AND COLLECTION OF, C!L\r; 6, 123-169. AbatemC1~ts, may be made witlLin t1\"O years, § 68, 144.

on rcfusalof assessors to make,appeal to county eo=issioners allowed, § 69, H!. proceedings on appeal, § 69, H4. applicant failing, commissioners to a~ow costs, § 69, 144. appcals 1).ot all\lwed, if lists not brought in, § 66, H3. allowcd by voluntary payment, at certain pmiods, agreeably to vote of town, § 148, 157..

Administrato)', of collector, #tiling. to pay and. settle deccascd collector's accounts, eliargeahle , with whole tax,. § 129, 154.,

Affidavit, of persons posting notices of treasurer, evidence, § 156, ,158. Animals, blood, how to be taxed, § 20, 133. Assessments, tp be D;lade according to rules given, § 40, 1:38; § 70.. 1#.

on re:)1 ~ndpersonal property, to be made, §§ 2-5, 129.

1240 INDEX TO' REVISED STATUTES.

TAXES, ASSESSMENT AND COLLECTION OF-Continued. Assessments, record of invoice and valuation, from which made, wbere deposited, § 73, 144.

of county t!L;::es, when made, certificate to be sent to county treasnrer, § -74, 144. void, if wholly for a sum not legally voted, § 64, 143. not void, if sums for illegal objects are inclnded, § 114, 15l.

in consequence of errors of officers, § 114, 15l. /01' j'oads, in nuincorpol'lLted lands, to be made by connty commissioners, §§ 51, 53, 140,141,

when made, to be pnblisbed, §§ 51, 53, 140, 141. commissioners to appoint agents to expend, §§ 51, 53, 140, 141. agents to expend, to give bonds, §§ 51, 53, 140, 141. owner of lands assessed, may pay in labor, §§ 52, 54, 141. lands to be sold if tax not paid, § 55, 14l. unpaid, notice of sale, how to be gi\'en, § 55, i41. lands not SOld, forfeitcd to connty, § 55, 142. lands sold or forfeited for, may be rcdeemed in two years, § 55, 142,

'&ssesso1's, to be governed by established rules, § 40, 138; § 70, 144. to make a rccord of asscssment and invoice and deposit it in their office or with town elerk,

§ 73, 144. to assess one-sb;:th of tax on polls, § 40, 138. responsible for personal faitbfulness only, § 41, 138. to give notice to bring in-lists of polls and taxable property, § 65, 143. may administer oaths to truth of lists brougb tin, § 67, 143. to take lists sworn to as true, bnt not conclusive in making assessment, § 67, 143. may make abatement of tu..'i:es, § 68, 144. to send certificate of assessment of state tux to state trcasurer, § 74, 144. compeusation of, H 75, 77, 145. when appointed by connty commissioners. their powers and duties, § 77, 145. to observe warrants from county commissioners and state treasurer, § 78, 145. refusing to be sworn, penalty for, § 85, 146. selectmen to call meeting to fill vacancies in board, § 85, 14.6. towns ncglecting to choos~, penalty for, § 76, 145. county commissioners may appoint, in certain cases, § 77, 145. seleetmen to perform duties of, if none chosen, § 75, 145. refusing to assess state or county tax, penalty for, §§ 79, 80, 145. may be arrested and imprisoned in certain cases, § 81, 146. of plantations, snbject to same obligations as assessors of towns, §§ 86-92, 147.

to tuke lists of poll;; and !L valuation, § 90, 147. to eall meeting;s to fill vacancies, § 86, 147.

to deposit assessment with treasurer when he is eolleetor, § 149, 157. when they may demand tax bills of persons having them in possession, § 121, 152. may appoint eollector, if collector is incapable or refuses to give bond, § 97, 149; § 121,

152. on notice from state tre!Lsnrer, of failure of eollector of tuxes, to make new assessments;

proceedings in such case, § 127, 153. banks and bank stock, how taxed, §§ 31-35, 135, 136.

Collecto;'s, of taxes, may be chosen by towns, or appointed, §§ 97, 102, 149; §§ 119,121, 152; § 138, 156.

towns m!Ly fix their compensation, § 97, 149, fees and travel of, § 98, 149; § 146, 157. to give receipt on payment of taxes to them, § 101, 149. to obey wurrants of assessors, § 99, 149. to complete collections comJ.Ilitted to them; after election of new eollectors, § 109, 150. to -give bond; conditions of bond, § 100, 149. dying, !Lssessors may !Lppoint, § 102, 149. plantations empowered to choose, § 103, 149.

li!Lble as towns, when no collectors are chosen, § 141, 156. may distrain, if tuxes are not paid, § 104, 149. to give notice of sale of distress for taxes, § 104, 150. to restore balance, and give account of sale, § 105, 150. their duty, relating to persons assertingp!Lyment of state tuxes, to former collectors, § 139,

156. m!Ly imprison, on refusal for twelve d!LYs to p!Ly ([Lx, §§ 106-108, 150. m!LY demand whole tux, thongh payable in instalments, of person removing, § 108, 150.

INDEX TO REVISED STATUTES. 1241 ,

T~S, ASSESSMENT AND COLLECTION OF-Oontinued. Collectol's, may distrain shares in corporations, § 110, 150.

upon requcst, to .be furnished by proper officer, with certificatc of shares owned by c1clin-quents,§ 111, 150.

their duties relating to taxes on bauk stock, § 35, 136. may collel't, in any part of state, taxes of persons rcmoved, § 112, 150; §§ 115,116, 151. empowered to sue in their own name for taxes, in some cases; §§ 113, 115, 151. may require aid, § 117, 151. penalty for refusing to aid, § 117, 151. new, inay be chosen or appointed to complete collections, §§ 119, 121, 152. to exhibit to inunicipal officers or assessors accouut of collections, § 118, 152.

penalty for ueglect, § 118, 152. when they shall delivcr to assessors, copy of assessments with evidence of payment there­

on; credit to be allowed; upon refusal, to be committed, § 137, 155. removed, or about to remove, or when time for rcturn has elapsed, required to give up tax

bills, § 119, 152. . new, may bc appointed on remol"al of old, §§ 119, 121, 152. vacancies in office of, how filled, §§ 97, 102, 149; ~§ 119, 121, 152; § 138, 156. penalty for refusing to deliver tax bills and pay Ol"er money, § 120, 152. incapable, assessors may appoint another, § 121, 152. disqualified, ovcrpaid money to be restored, § 122, 152. delinquent in paying state tax, state trcasurer to issue warrant against, §§ 123, 124, 126,

127, 152, 153. • deficient, to be responsible to town for all damages, § 128, 153. dying, administrators to settle accounts, § 129, 154. deficient in paying town tax, town treasurer to i,sue warrant against, § 130, 154. to hal"e privileges of common debtors, § 136, 155. when taken on execution, to deliYer asscssments to asse~sors, § 137, 155. form of warrant a~ainst deficient collectt'r, § 130, 154. liable for ta.....:, if they do not commit within one year, § 145, 157. certificates to rreasurer, form of, § 166, 161. tu make sale of lands of resident owners for payment of taxes thereon, § 167, 163.

proceedings in case of such sale, §§ 167-177. 163-165. 'Constables, when empowered to collect ta.....:es, § 97, 149. Coronel'S, empowered to execute warrants of distress for taxes against sheriffs delinqncnt,

§ 132, 155. County estimates, to be'made annually by county commissioners, § 61, 143.

to be recorded and sent to secretary of state's office, § 62, 143. secretary of state to lay them before the legislature, § 62, 143.

County tax, when authorized, county commissioners to apportion, § 63, 143. county commissioners to send warrants for, to assessors, § 63, 143. lists to be committed to constable or collec:or for collection, § 63, 143. how collected of towns, whose assessors refuse to assess, ~ 84, 146. how collected of towns, refusing to choose assessors, § 83, 146. may be added to lists of 5tate and town taxes, § 71, 144. certificate of assessment to be sent to county treasurer, § 74, 144. warrants for, same in substance as for state tax, § 95, 148.

Corporations, stock of, invested, how taxcd, §§ 19, 24, 133. for supplying gas and water, how ta.....:ed, § 17, 132. railroad, estate of, taxed as non-resident lands, § 4, 129.

track of, not deemed rcal estate, § 4, 129. mannfacturing, property of, where taxable, § 30, 135. may be ta.....:ed to person in possession, § 30, 135. lien on st(Jck and property for ta.....:es, § 30, 135. shares in, not taxable to owners, § 30, ' 135. •. banks, cashiers of, 'when required to exhibit their books, § 33, 136.

shares of, how taxed, if residence of owner is unknown, § 34, 136. when treasurers of towns may maintain· suits against, for tuxes on shares in, § 36, 137.

Exemption, of propcrty and polls from ta.....:ation, § 6, 129,130. Exempted lands, improl"ements on, taxed as personal property, § 15, 132. Estate, real and prrsonal, subject to ta.....:ation, §§ 1-5, 7,15, 129-132.

personal, taxable described, § 5, 129.

·1242 INDEX TO REVISED STATUTES.

TAXES, ASSESSMENT .AnT}) COLLECTION OF-Contimterl. Estate, personal, of non-residenrs, how taxed, § 21, 133.

j'cal, ta.-.;:able, what it includes, §§ 24, 129. and polis, when not taxable, § 6, 130.

Fees, of collectors and officers, for commitment for non-payment of taxes, § 1,16, 157. F01ieitedlane/s, for non-payment of couuty ta.-.;: for roads,.how redeemed, § 55, 1,12.

purchasers of, acquirc only title of state, § 58, 142. part owner may redeem his share, § 59, 1,12.

fllcgal tax, rccovery of, § 114, 15l.

TAXES ON L.A.NDS IN PL.A.CES NOT L'tCORPOR.A.TED, 138-142 •.

Lane/s, in unincorporated places, may be assessed by legislature for state and county taxes, §§ 42, 4.-3, 138.

state lands liable for county taxes, § 44, 138. state treasurer to give counties' credit for assessment on state lunds, § 43, 138; § 49, 140.

to publish in state and in connty paper lists of state and county taxes, § 44, 138. lands ta.-.;:ed, holden to state for payment, § 44, 138. forfeited, if taxes not paid in.two years, § 45, 139. owners in common, may pay their proportion of tax, § 48, 139. forfeited for taxes, to be sold at auction in September annnallY by state treasurer, § 46,

139. notice of sale to be published, § ,16, 139 •.

how given, § 46, 139. sold for state taxes, on'rplus to be paid to owners, § 47; 139.

owner may redeem of purchaser, § 48,- 139. conditions of redemption, § 48, 139. bills for advertising, bow divided and paid, § 49, 140 •. copy of treasurer's record of sale, evidence, § 49, 140. state treasurer to give deed of, § 49, 140.

taxed by county commissioncrs, may be redeemed of county trcasurer, § 50, 140. assessments for roads upon, how made and expended, § 51, 1,10.

unpaid, proceedings to collect, § 55, HI. if sold for payment of, owner entitled to overplus of proceeds of sale, § 56, 142. cOtmty treasurer's deed of, assessmcnt, and legal advertisement, prima facie evidence of

title, §. 57, 142. sold for non-payment of state or county tax, how redeemed; § 59, 142. forfeited to county if not redeemed, § 55, 142 .

. purchasers of fOlfeited lands t9 acquire title of state or of county only, § 58, 142.

ON LA>;DS OF NO>;-RESIDE>;T O"\\"KERS, I>; I>;CORPOR.A.TED PL.A.CES, 159-163.

Lanas, of non-resident owners, in incorporated places, collection of taxes on, § 159, 159. unpaid taxes on, list of, to be returned to rreasurer, § '159, 159. treasurer to record lists, § 159, 159. .

to publish description of, ih county or state paper, § 159, 159. to give notice of sale, unless taxes are paid within eighteen months, § 159, 159. proceedings at sale, § 160, 160.

deeds deliYerable at the expiration of one year, § 160, 160. owners may redeem, by. payment of tax, twenty-five per cent. interest and costs, §, 160,

160; § 161, 161~ treasurer to' pay m-er to grantee amount received, § 160, 160. treasurer shall make record of proceedings at sales, § 160, 160.

town held responsible, and may have remedy on his bond, § 160, 160. may adjourn to complrite sale, § 160, 160.

purchaser may pay other ta.-.;:es on lands so sold, § 161, 160. owner may redeem of purehaser within six months after delivery of deed, § 161, 16l. title deed duly execuled and recorded, assessment signed by the assessors, their warrant to

the eollector and proof that the taxes were advertised according to law, sufficient proof, § 162, 16I.

owners of lands sold for non-payment of, not to maiutain suits for the recovery. 01 the same, until ta.-.;:es and eosts are paid or tendered,.§ 162, 161; § 1740, 165. may recover of. town if requirements of law are not complied "\\ith, § 163, 161-must commence suit for recovery within one year, § 163, 161.

estate may be bid off for town, § 16,1, 161. owner may redeem real estate sold for taxes within time allowed, § 165, 161.

INDEX TO REVISED STATUTES. 1243

TAXES, ASSESSMENT ~'D COLLECTION OF-Continued. Lands, of non-resident owners, in incorporq.ted places, amonnt received for sale of, to be paid

to person entitled,'§ 165, 161. collector's certificate of sale to trcasurer; form of, § 166, 161. treasurer's adYertisement, form of, § 166, 162. h'easurer's return, form of, to be evidence,§ 166, 162.

LandloJ'd, may ,recover balf of taxes from tenant, § 12, 131. Lien, wben created on property ta.'>:ed, § 11, 131; § 22, 133; § 30, 135; § 167, 163.

giyen to persons paying taxes on non-resident property, q 22, 133. lron-J'esidents, of improved lands, taxed, may be dish'ained, § 115, 15!.

after notice may be sued, § 115, 151. owners of animals taxed, taxes, bow collected, § 116, 151.

Officers, deficient in paying oYer taxes, arrested, to bave privileges of poor debtors, § 136, 155. assessors may demand of tbem copy of assessment, and adjust their accounts, § 137, 155. penalty for refusing copy of assessment, § 137, 155. dis training, their powers and fees, § i55, 158.

OueJ'lay of taxes, assessors empowered to make, ,§ 72, 144. not to exceed fiye per cent. of ta.'>:, § 72, 144. such oyerlay to be certified to town treasurer, § 72, 144.

Partnership property, personal, bow arid wbere taxable, § 27, 13,1, .. Personal estate, taxable, desmiberl, §' 5, 129.

wbere taxable, §§ 13, 14, 131. of deficient collector, dis trained for taxes, bow sold, § 133, 155. dogs may be taxed, if towns so vote, § 7, 130. wood and timber sold, taxable to purcbaser, §§ 10, 130, 131. of non-residents, bow taxed, §§ 21-23, 133. ' mortgaged, for taxation deemed property of possessor, § 25, 134.

Poll tax, on whom and how to be assessed, §§ 1, 6, 129; § 8, 130; § 40, 138. where to be assessed, § 8, 130.

'Property, ta.'>:able, §§ 1-5, 129; §§ 7, 10, 130. exempted ii'om taxation, § 6, 129. ' ta.'>:ed, lien when ereated thereon, § 22, 133.

Persons, committed for taxcs, proceedings respecting, § 143, 156. arrested for taxes, their rights and pliYiIeges, § 143, 157. discharged from arrest, town. liable for ta."'::es, § 144, 157. paying more than proportion of tax, remedy of, § 23, '133. asserting their taxes to have been paid, proceedings, § 139, 156.

ASSESSliE5T OF TAXES 15' PLA..."TATI05S, 147.

Plantations, taxed, inYested with powers of towns, § 86, 147. assessors of, subject,to same penalty as assessors of towns, §, 87, 147. subject to penalties as,towns, § 87, 147. officers to be chosen and sworn as town officers, § 8S, 147. compensation of officers of, § 88, 147. ' may be organized when state or county tax is imposed, § 89, 147.

proceedings to organize, § 89, ,147. so organized, subject to aU laws applicable to plantations, §'91, 147. officers, penalty for refusal to take oath of office, § 92, 147. ' assessors of, to take list of polls and make Yaluation, § 90, 147.

to issue warrants for ta.'>:es, § 90, 147. inhabitants of, failing to obey treasurer's warrant, liable for whole tax, § 89, 147. deficient iu paying taxes, to be proceeded with as deficient towns, § 141, 156.

Real estate, for ta.\::atibn, what it includes, § 3, 1:J9; track of railroad not deemed, § 4, 129,

where taxable, § 9, 130. tenant of, may pay half of 'taxes, § 12, 131. mortgager of, deemed owncr for purposes of taxation, § 9, ' 130; § 25, 134. of deceased persons, how taxed, § 26, 134 .

. may he taxed to owner or tenaut, § 28, 135. part owners of, may be taxed and pay separately, § 28, 135. may be taxed to same pcrson until notice, § 29, 135. dis trained for taxes"ou ,,'arrantagainst collectors, how sold, §§'13!;135, 155. deed of, to be made to convey title, § 135, 155. tenant in 'co=on, regarded as sole oWll.er, unless he notifies, § 29, 135.

1244 L."'i/1)EX TO REVISED STATUTES.

TAXES, ASSESSMENT .A..c'tl> COLLECTION OF-Contiimed.

REAL ESTATE OF KOS-RESIDENT O~ERS, IN L"';'CORPQRATim PLACES, COLLE'CTlON OF

TAXES ON, 159-163. See Lands oj Non-Resident Owners,p. 1242:

REAL ESTATE OF RESIDENT OWNERS', IN INCORPORA.TED PLACES; COLLECTION OF T_rrES

ON, §§ 167~177, 163-165.

lien creatcd thereon, for taxes, § 167, 163. taxcs unpaid, real estate to be sold after nine months, § 167, 163. notice of sale of, and record of notice, how made, § 167; 163. record to be open to inspectiou, clerk to furnish·cupy, § 167, ,163. owner or occupant to have written notice of time, and place of sale, § 168, 163. tax paid before sale, one dollar for ad vertising only to be paid, § 168, 163. collector to sell at auction, if ta.."\:es are not paid, § 169, 163. expenses and fees, their character and amount, § 169, 163,16!. collector to deliver to treasnrer n: certificate anddeed,§ 170, 164. collector's fees for deed, ~·170, 164. . proprietor may redeem 1\ithin two years, § 171, 16!. moncy recei.ed fur redc'mption, received as property of purchaser, § 171, 16!. town liable to purchaser for money receivcd to redeem, § 171, 164. treasurer to deliver deed to purchaser, if estate notredeemed, § 172, . 16!.

refusing to deliver deed, penalty for; § 172, 164. officer not to sell for non-payment of taxes after two ycars,'§ 173, 165. collcctor's deed, assessments and warrants to collector, establish title, § 17!, 165. record of notice of sale, conclusive evidence, § 175, 165. collector to make returns of sale and doings to town clerk for record, § 176, 165. record of town clerk to be evidence, § 176, 165. treasurer's receipt of payment, evidence. of redemption, §,177, 165.

Redemption, of lands sold or forfeited for state ta..."\:es, § 48, 139; § 165, 161. for county ta..."\:es, § 50, 140; § 165, 161. for ta..."\:es of resident owners, § 165, 161; § 171, 164. for taxes of non-resident owners, §§ 160, 161, 160; § 165, 161..

Selectmen, to be assessors, if towns fail to choose assessors, § 75, 145.

Shel'ij[s, to transmit warrants for'state ta......: to assessors of towns, § 60, 143. their duty respecting distress warrants against collectors, § 131, 154. delinqnent in paying ovcr taxes, warrants to be issued against them to coroners, § 132, 155. coroners to execute such warrants, § 132, 155. to collect state·and county to.x, in what cases, § 140, 156. proceedings in the collection of state and county taxes, § 142, 156.

StUdents, not considered, for purposes of taxation, inhabitants of place where seminary is lo­cated, § 8, 130_

Supplementaryassessmen·ts, when they may be made, § 37, 137. to be committed to collector 1\ith' certificate, § 37, 137. valid, § 37, 137.

State tax, warrant for, to be issned by state treasurer, § 38, 137; § 60, 14-3. amount of, to be stated in warrant, § 3R, 137. warrant of treasurer, what required by it, § 39, 137.· form of warrant to collect, § 94, '147. form of certificate of assessment, § 94,148. state treasilier to send warrants for, to sheriffs, § 60, 143. sheriffs to transmit warrants for, to assessors of towns, § 60, .143. may be added by assessors to town and county lists,§ 71, 144. unpaid for sL"\:ty days, how collected, § 74, 145. towns neglecting to assess, state treasilier to issue warrants, after five months, to collect,

§ 82, 146. proceedings of sheriff in collecting, § 82, 14.6. towns refusing to assess, connty commissioners to appoint assessors, § 77, 145; § 81, Hii.

neglecting to choose assessors, proceedings for the collection of, § 82, 146. on faililie of collector to pay, to be paid by towns, § 126, 153. new'assessment for, :when to be made by towns, § 127, 153.

on refusal of towns to make, warrants to issue against them, § 127, 158. i! not paid in three months, warrants to issue against inhabitants, § 127, 153.

INDEX TO REVISED STATUTES.

TAXES, ASSESSMENT AND COLLECTION OF-Continued. Taxes, when asserted to be paid, proceedings respecting, § 139, 156.

illegal, bow recovered, § 114, 15l. illegal, if not raised at a legal mecting, § 64, 143. warrant to collect, bow rcplaced, if lost, § 96, 149. timber and wood, when sold, to whom ta..,ed, § 10, 130. tenant and landlord, ta..,es how divided bctween them, § 12, 13l.

Toll bl'idges, stock in, taxcd as personal propcrty,§ 16, 132. Towns, may cboose anotber collector, in case of vacancy, § 138, 156.

1245

may determine time for paymcnt of taxes and reqnire interest tllereon after, § 93, 147. when to pay state tax on failurc of collector to pay, § 126, 153.

Treasul'ers oj towns, to issne wan-ant against deficient collector, §§ 180-132, 154,155. form of warrant, § 130, 1M.

may be appOinted collectors of taxcs; duties of, § 147, 157. mny appoint assista.nts wbo shallj!ive bond, § 147, 157. to give noticc of abatements, if taxes nre paid voluntarily at stated times, § 148, 157. assessors to deposit assessment lists witb, when they are collectors, § 149, 157. powers continued tilL collection is completed, § 150, 158. to give bond wben appointed collector, § 151, 158. refusal to give bond to be deemed a refusal of office, § 151, 158. shall render an account of finances to municipul officers, § 152, 158. when empowered to issue distress wan-ants, § 153, 158. may distrain for taxes before expiration of time of payment, if danger of loss, § 154, 158. notice to be given by officcr before distraining, § 155, 158. certificate of collector to, of unpaid ta..,es of ,resident owners, § 159, 159; § 166, 16I. to 6>1ve notice of sale, if such ta..,es nre not paid in eighteen months, § 159, 159. proceerUngs at sale, delivery of deeds at expiration of one year, § 160, 160. to pay grantee amonnt received on sule, where lands nre redeemed, § 160, 160. form of their return of sale, and its effect in evidence, § 166, 162. to deliver deeds to purchasers in case of sale, by collectors, of lands of resident owners,

§ 172, 164. their receipts of payment;evidence of tedemption; § 177, 165.

Wan'ants jor taxes, unsatisfied, may be renewed, § 123, 152,153. satisfied in part, alias warrant to issue, § 158, 159. rehmlable in three months, § 158, 159. against deficient'collectors or cOll3tables, salc of property under, how made, § 133, 155.

TAXES, electors in unorganized places, ullowed to vote in adjacent towns, on payment of, § 50, 10l. duty of county treasurer to enforce payment of, § 8, 170. of school districts, powers and duties of town officers in assessing and collecting, 192, 193. parish, provisions relating to, § 23, 209, priority of payment of, in iusolvent estates, ~ 1, 528. an-ests for, and discharge therefrom, on disclosure, § 41, 800. returns of cashiers of banks and clcrks of corporations to be basis of taxation on stock, §~ 32-

34, 136. '

TEACHERS, duties and qualifications of, 197, 198.' ,

County Institutes oj, 201, 202. See Education oj Youth.

TEAMS, meaning of the word, as used in chapter nineteen; § 1, 256. on roads, provisions relating to, 256,257. See Law oj the Road. and droves of cattle, and horses, crossing toll bridg~s, provisions relating to, § 3, 443.

TECHNICAL WORDS, rules to be observed, in the construction of, in statutes, § 4, 57.

TELEGRAPH COMPANmS, CH.ll'. 53, 467,468. ,IJispatches, companies liable for en-ors in transmitting, and for unnecessary delays in deli,ery,

§ 1, 4.67. extent of liability, § 1, 4.67.

to be sent in the order received, under penalty, § 1, 467. penalty imposed upon operators or agents, for fnlsifying, § 1, 467.

how recovered, § 1, 467.

1246 INDEX TO REVISED ST.ATUTES~

TELEGRAPH COMP .ANIES-Continued. Dispatches, if operators or agents are nnable to payor av.oid, company or owners liable, § 1,

467. penalty for divulging contents of, § 1, 468.

Frauds, operator or other employees not exonerated from liability for, § 2, 468. Neglects 01' wrong doings, of company or agents, common law liability. of company for, reserved,

. § 2,468. Telegraph wires, person desiring to disconnect or remove, to gi,e .written notiee to company at

their office twenty-fonr hours before, or by mail three days before time fixed; § 3, 468. penalty for disconnecting or removing, withont givingnotiee, § 3, 468.

Damages, for taking lands,. if parties do not agree, to be estimated, secured and paid, as in case of lands taken for railroads, § 4, 468.

penalty for injury to posts, glass caps or wires of telegraphs, § 4, 862.

TEN HOURS, a legal day's work, exccptions, § 36, 644.

TENANCIES, in common, when created, § 7, 559. estates held in eommon, may be taken on execntion, § 7, 571. at will, no greater·estatc than, in lands, can be created without writing, § 10, 560.

how determined, § 2, 729. when terminated, tenants subject to process of forcible entry and detainer, §§ 1,2, 729. of buildings on lauds of third parties, provisions of law of forcible entry and detainer applieable

to, § 2, 729. . by cul·tesy, §·15, 758.

TENANTS, of real estate, paying t=es, may retain out of their rent, half of t=es paid by them, § 12, 131.

liable to landlord for half of tu..-.;:es paid by him, § 12, 131. leases forfeited by, if premises nsed for purposes of lewdness, gambling, or illegal sale of spilit­

nous liquors, § 3, 230; § 12, 850. in tail, may convey lands in fee simple, § 4, 559 •

. dying before limitation expires, when real actions may be bronght, § 9, 770. process of forcible entry and detainer, when maintainable against, § 1, '729. for life or years, remedy if waste committed by, § 1, 731. of tbe freehold, action of dower to be bronght against, § 21, 759. in common, estate of corporation, after dissolution, vests in stockholders as,§36, 399; §10, 471.

may be compelled to divide estate by writ of partition, § 2, 694. of a saw-mill; may have division of tilne of occnpaney, § 8, 694.

to notify co-tenants thil'ty days before committing' strip or waste, § 5, 732. or jOint, may join or se,;er in personal actio us, for trespasses and injuries to estate, § 14, 733.

one taking more than his share of the income of real estate, liable to the 'others in assumpsit, § 16, 734.

may join or sever in real actions, § 9, .762. in dower, by curtesy, for life or for years, liable to an action of waste,.§ 1, 731. ~n l'eal actions, when entitled to betterments, §§ 20-25, 763,764.

may consent that demandant may recover specific part, effect thereof, § 22, 764. See Actions, Real.

TEi'.'DER, of damages for land taken for coast snrvey, § 11, 63. by banks, after failing to redecm, and its effeet, § 30, 408 •

. of gold by banks, not legal, unless it is 'weighed with 'lYeights sealed by state b.-easurer, § 34, 408. of amount required to redeem real estate from levy of execntion, § 23, 574. in actious of in,olnntary trespass, may be made, effect thereof, § 20, 641. after a snit is brought and before entry, § 22, 642. in actions against towns, for injuries received by defeet in highways, effect of, § 22, 642. actions against execntors or administrators, begun within one yeUr, may be barred by, § 12, 691. of amonnt dne on mortgage, proeeedings, §§ 13, 14,. 705, 706.

if mortgagee is out of state, § 16, 706. may be made to gnardian, to discharge mortgage, § 25, 707.

of amount due on mortgage of personal property, effect of, §§3-6, 711,712. liens discharged by tender of amonnt'due, § 37, .718. effect of, in proceedings to recover damages.for flowing lands, § 27, .724.

. INDEX TO REVISED STATUTES. ]247

TENElIIENTS A..t.'W HEREDITAiUENTS, inclnded in the terms lands and real estate, "§ 4, 58.

TENORE AJ\TJ) QUALIFICATION OF OFFICERS, ClLU'.,2, "74,75. Tenure, ofciYilofflcers appointed by governor, limitcdto four years; subject to removal by go,.

ern or and conncil, § 84, 74, 75. lJIinistel's, appointed to solemnize marriages, term notlimiled; § 84, 75. GoVe1'1101', may appoint persons to qualify, § 85, 75. '

"'OMil officers, befor~ whom to take oath of office; § 86, 75 • . governor nndcouncil may require, to give new bonds; new bonds notgiYen, office deemed

vacant, § 87, 75. ' :2 ifcrsbns appointed to qnalify, term: of office :not limited, § 84, 75,

TERRITORIES, ineluded in the words State mid United States, § 4, 58.

TESTAlIIENTS. See Wills. TESTAMENTARY TRUSTEES, CIL\.P. 68, 539-541.

Tru~tees, to give bond; conditions of bond, § 1, 539. not to give bond in specified cases, § 2, 540. neglect to give bond, eonsidered as declination of trost, § 3, 540. when tbey may resign, § 4, 540. insane or incapable, may be removed, § 4, 540. declining, resigning or dying before trust is fulfilled, and withont provision in the will for

filling the yacancy,~udge of probate may appoint, § 5, 540. appointed by judge, thier powers and duties, § 6, 540. substituted, to give bond, § 7, 540. no right. or authority vested in, withont bond, § 7, 541. m,ay dispense with returning new in>entory by lea,e of jndge, § 7, 540. may refer or compromise claims by leave of court, § 9, 541. , may 1)e authorized by court to sell trust property, =d invest proceeds, § 10, 541.

Inventol'y, of h'ust estates, when required, § 8, 541. when made; estate td be appraised, § 8, 541. warrants for, may be re,oked by the judge, and new issued, § 8, 541.

Estates, in trust, courts may determine matters relating to, in equity, § 11, 541. Bonds, of trustees, how sued and proceedings in suit, § 12, 541. Executors, made trustees by will, provisions applicable to, § 13, 541.

not required to return another inyeutory, § 13, 541.

THAl.'m:SGIVL.'rG DAY, days of grace regulated, on notes maturing npon, § 9, 329. courts not to be held upon, § 18, 586. arrests not to be made upon, § 76, 631.

THEATRICAL PERFORlllANCES, prohibited, without license, § 1, 319.

THIEF; common, how punished, § 5, 833. See La/·ceny.

THOMASTON, state prison established at., § 1, 906. clergymen of, may act as chaplains of state prison; compensation therefor, § 46, 916.

THREATE~'ING COMMUNICATIONS, to extort money or proeure advantage, how pun~shed, § 23, 828.

TICKETS, in lotteries, sale of, prohibited, pcnalty for being eoncern~d in, § 3, 565.

TIlllBER AJ\TJ) CORD WOOD, ClLU',109, 784. court, upon ap'plieation, may grant leave to persons seized of freehold or other estate mentioned,

to cut h'ees upon, § 1, 784. to appoint commissioners to superintend the cntting and sale of, § 2, "784.

proceeds, how invested; income, how appropliated, § 3, 7840. to appoint trustees to hold new estate, § 4, 784.

TIlllBER UPON RIYERS, STREAMS A..t.'W ADJACENT LAi'WS, CHAP. 42, 382-384. Timber, not to betaken from any li,er 01' baule thereof, withont consent of owner; m~ks npon,

not to be destroyed; penalty, how reco,ered, § 1, 382. unlawful taking ot~· to be deemed larceny and pnnished accordingly, § 2, 383.

1248 INDEX 'TO REVISED STATUTES.

TI7lIBER UPON RIVERS, STREAMS AND ADJACENT LANDS-Continued. Timber, burden of proof cbanged, doublc damages recoverable, § 3, 383.

owner of, may search for, penalty for obstructing, § 4, 383.

Tli\rBER,

to be turned out of booms on Saco riYer within two days after request, liability for neglect, § 5, 383.

how driven wben intcrmh:ed; lien npon, for benefit of driYer, § 6, 383. enlorced by libel, § 6,~ 383.

when lodged upon banks, to be forfeifed to tbe owner in two years, if laud is improved; in'sLx years, if unimproved; owner of land to advcrtise in newspaper, ~ 7, 384.

owner of, m.1Y remove, upon making tender of damages and costs; § 8, 384. if removed witbout tender, owner of land may recover damages in action of trespass, § 8,

38,1. railroad sleepers, sbip timber and eed~ for shingles, not tobe carried away; marks npon,

not to be destroyed, penalty, § 9, 384.

on pnblic lands, land agent may sell, § 12, 115. money so received to constitute fund for schools, § 15, 115. settlers may cu t, § 33, 118. permits tberefor not to be granted, except on lots not suitable for settlement, § 34, 119. permits to cut and haul, 119, 120. sale of timber lands, §§ 45-51, 120-122. See Lands, theil' Sale"and Settlement.

standing, to wbom assessed, § 10, 130. licn upon, for taxes, § 11, 13l.

wood or erections, on lands tal,en for ways, one year allowed for removal, § 14, 2,1~.

wood and bark, rates of toll for, on railroads, § 25, 453. snrvey and snle of, 3i9-381, wood or trees, judge of probate may autborize sale of, § 1, 547. and grass, light to cui, may be taken on execution, § 1, 570.

right to cut and" calTY away, may be attacbed, § 54, 625. damages for trespasses upon, § 9, 733. tenant in renl actions not to cut, after judgment against bim', ~ 33, 766. penalty for cutting or carryfng away on land of another, § 13, 863. See Lumbel·.

TIPPLING SHOPS, aud drinking bouses, 301-iIl8. See Intoxicating Liquors.

TITLE, to lands sold for non-payment of state and connty tu..xes, pro,isions relating to, §§ 57, 58, 142;

§ 174, 165. by descent, 566-568. See Descent, Title by. • to real estate, by levy of execution, 569-579. See Execution, Title to Real Estate by Levy oj.

in question, before trial justice, case to be removed to supreme judicial court on request of either party, § 4, 659.

demandant in real actions to file informal statement of, § 3, 761. muy recover according to, § 10, 762.

TITLES OF CHAPTERS, abstracts of, and marginal notes, not legal provisions, § 4, 59.

TOLL, on femes, how regulated, §§ 1, 2, 258. frunchise o{ corporation baYing right to reeeiYe, muy be uttacbed or le,ied upon, § 14, 395.

how sold on execution, H 17-19," 667. rates of, on railroads, for timber, wood and bark, § 25, 453. in grist. mills, established, § 6; 477.

penalty for tnldng illegnl, § 5, 477.

TOLL BRIDGES, CHAP. 50, 442-444. who may pass oyer, free of toll, § 1, 4;12. persons exempted from toll to inform toll-gatberer, forfeiture for refnsal or ghing false answer,

§ 2, 443. restrictions on weight of teams and drm"es of cuttIe and borses, § 3, 443. delaying passengers, penalty for, § 4, 443.' two persons only, und cbildren with tlIem, to pass in earriage without additional toll, § 5, 443. petialtyfor injuring toll gutes or "uttempting to pass without paying tOll, § 6, 443. covered toll bridges to be ligbted, penalty for neglect, § 7, 443.

·INDEX TO REVISED STATUTES. 1249 TOLL BRIDGES-Continued.

surrender of, to connty commissioners, sun'ender may be accepted, bridge snn'endered how to be maintained, not to be aceepted unless connecting with town or connty road, remedy of party aggrieved by doings of commissioners, § 8, 444.

owners of, anel of ferries anthOliz~d to receive toll, may take land in limits of highway for to11-. houses, bnt'not so as to obstruct public travel, § 9, 444.

'stock of, how tn..-..ed, § 16, 132.

TOMBS,

TON,

and rightsof burial, exempt froin taxation, § 6, 130. penalty for wilfully injruing or destroying, § 27, 852.

coal to be sold by weight, two thousand ponnds to make, § 11, 379. two thousand pounds, avoirdupois weight to nilike, § 10, 387.

TOOLS, necessary for trade or occupation, exempt from attacbment and execntion, 627. for counterfeiting, penalty for making or ba"ing in possession, § 6, 836.

or committing burglary, seizure and destruction of, § 8, 856.

TOWN, tbe word inclndcs cities and plantations, nnless otherwise expressed or implied, § 4, 58. CLERKS. See Clerks of Towns. MEETINGS. Sec Neetings of Towns: TREASURERS. See TreaSU1'ers of Towns. W ATS. See Ways.

TOWNS, THEm MEETINGS, POWERS AND DUTIES, CnAl'. 3, 75-90. Towns, dcclared to be corporations, power to sue and be sued, § 1, • 77.

meetings of, in general cases to be called by selectmen, § 2, 77. . first meeting of, may be called as prescribed by act of incorporation, § 3, 78 .

. no mode of calling meeting prescribcd, justice 'of peace may call, § 3, 78. in case of vacancy of majority of selectrrlen, meetings how called, § 3, 78. selectmen unreasonably refusing, justice may call meeting of, § 4, 78.

wben to insert special matters in warrant, § 4, 78. warrant, for meeting, to state time, place, lind objects of meeting, § 5, 78.

lJUsiness of meeting to be confined to subjects mentioned in, § 5, 78. to whom may be direeted, § 6, 78. .

notice of meeting, bow given aud certified, §' 7, 78. return of.officer notifying, to be made on back of warrant, § 7, 78. warrant to lJe posted seven days in some pnblic anel conspicuous place, §·1, 78. records or tax lists of, or of 'sehool districts, or returns of warrants for meetings, may be

amenuM; how and by whom, § 8, 78. original wan'ant for meeting lost, return may be made on copy, § 8, 78. who are legal voters in, § 9, 78. annual meetings of, to be beld in Jllarch, § 10, 79. officers of, to be chosen, and how, § 10, 79. selectmen to be overseers of poor, if none are chosen, § 10, 79. what officers shall be elected by baDot, § 11, 79. not electing certain officers, municipal officers may appoint; oath and nppointment of snch

officers to be recorded, § 12, 79. ' town cl'lrk to preside at election of moderator, § 13, 79. constable may preside, if, clerk is absent, at election of moderator, § 13, 79. clerk pro tempore may be cbosen, to be sworn, § 13, 79. town clerk to be sworn, form 'of oath, § 14, 79. officers of, chosen, to be summoned to tlike oath by constable, penalty for negleet of con­

~table, § 15, 80. penalty for persons chosen to town office refusing to be sworn, § 16, 80; § 85, 146;§92, 147.

officers how sworn, and record of oaths, § 11, 80. clerk of, or of school district, or parish, or corporation, may record his own election, nod

his oath; reeord to be evidence, § 11, 80. penalty for neglect to return certificate of oath, or to record snch oath, nnd fees·of. town.

clerk, § 17, 80.

1250 INDEX TO REVISED STATUTES.

TOWNS, THEm MEETINGS,POWERS AND DUTIES-Continued. , Towns, vacancies in offices of, may be filled at any meeting, § 18, 80.

moderator of meetings of, how chosen, sworn, and duties, § 19, 80.

vote in meetings of, when questioned by seven, moderator to make certain, § 19, 80.

persons spenkiug, to obtain leave of moderator, ,§ 20, 81. powers of moderator, to direct disorderly person to withdraw, penalty for refusal, § 21, 81. meetings of, for choice of governor and state Officers, to be as directed by constitution,

§22, 81. moderators of meetings, not to receive folded votes, or permit ballots to be read, penalty,

, § 23, 81. .

W.lltDS OF CITIES, .A..."D ELECTION OF CITY OFFICERS, §§ 24-27, 81.

Wards oj cities, change or alteration in limits of, how made, § 24, 81. City officB)'s, to be chosen on the second }1:onday of ~Iarch annunlly, tenure of office, § 25, 81.

wardens and clerks in cities, how elected, § 26, 81. mayor, when to have a casting yote in election of city officers, and to declare who is elected,

§ 27, 81.

officers appointed by mayor and aldermen may be removed by mayor, § 27, 81.

CERTAIN DUTIES OF MUNICIPAL OFFICERS, 82 •

. Mmlicipal office1's, not allowed to vote on qnestions of pecuniary interest to them, § 28, 82. action of city goyernmcnt or board of selectmen rendered illegal by such Yote, § 28, 82. illegal proceedings of, may be restrained on 'application, to the supreme judicial court, by

ten or more taxable YO tel's, § 30, 82 • . Members of city government, not to be interested in contracts of cities, § 29, 82. Selectmen and treasure1', to makc annual reports, § 31, 82.

such reports, if printed, to be distributed, to be read in open town meeting, and deposited in office of selectmen, § 31, 82.

Town officers, penalty for refusing to allow yoters to examine such reports and vonchers, § 31, 82. ASSesS01'S, to make return of neat stock and agricultural products, to secretary of state, § 32, 82. Secretw'y oj state, fo furnish blanks for such purposes and filc returns, §§ 33, 34, 83.

POWER OF TOWNS TO RAISE MOlmy, 83, 84.

Towns, objects for which money may be r!)ised by, §§ 35-39, 83, 84. may mise mOliey for support of schools, § 35, 83.

of the poor, § 35, 83. for mnking and rcpairing ways, § 35, 83. for pnrchasing and fencing burying grounds, § 35, 83. for purchasing or repairiug a hearsc and house therefor, § 35, 83. for other necessary town chargcs, § 35, 83. for publication of histories, § 36, 83. for monuments in memory of soldiers, § 36, 83. for payment of soldiers, §§ 37-39, 83, 84. acts of, in raising money for payment of volUJ~teers and drafted men, how made Yalid,

§ 37, 83; § 38, 84. . UJ.lamhorizcd contracts of ,municipal officers of, may be ratified, § 39, 85.

TOWN ..u."D CITY By-LAWS ..u."D ORDINANCES, 84.

Towns, may makc by-laws and ordinances not repugnant to laws of state, and enforce them with suitable penalties, § 40, 84. .

purposes, for which towns may make by-laws and ordinances, enumerated, § 40, 84. Buildfngs, erected contrary to by-laws, deemed nuisances, § 40, 85. By-laws, for re~ation of coaches, &c., to be published in some newspaper, § 40, 85. Town authol·itie.., to notify oWners of buildings of by-laws for protection of persons from danger

from sliding of snow and ice from roofs of buildings, § 40, 85. delinquent owners of buildiugs liable for iujuries sustained, after such notice, § 40, 85. tLUtnorities may place gnards on buildings at expense of owners, § 40,. 85.

TOWN LI~'ES, 85.

Lines oj towns, municipal officers of most ancient town to give notieein writing for meeting to perambulate, § 41, 85.

forfeiture of officers for neglert to attend meeting, § 41, 85 • . ' ~.proceedings of muni.cipal officers to,be recorded, § 41, 85.

to=s, when exempted from perambulating, except once in ten years, § 42, 85. disputed lines, when supreme conrt may appoint commissioners to mn, § 43, 86.

INDEX TO REVISED STATUTES. ·1251

TOWNS, THEm MEETINGS, POWERS .A.J.'ID DUTIES-Continued. Lines oj towns, commissioners' to give notice of meeting, and examine and ascertain lines, and

to make duplicate returns of proceedings, § 43, 86. established by commissioners, deemed true dividing lines, § 43, 86. commissioners' compensation fixed by court, § 44, 86.

PENALTYFOI!. NEGLECT OF DUTY, 86.

Penalty for neglect of duty, by town officers, ml1y be recovered by town treasurer in action of debt in name of town, § 45, 86.

to be for use of town, § 45, 86. Town clerks, how sworn, § 14, 79.

may record their elections, § 17, 80. to notify persons elected to town offices, § 15, 80. See Clel'ks oj Towns.

Town o:(ficers, how chosen or appointed, §§ 10-12, 79; § 18, 80. . penalty for neglect of duty, § 45, 86. for refusing to allow voters to examine certain reports, and Touchers, § 31, 82.

Town offices, vacancies in, how filled, § 18, 80. Assess01's oj towns. See Taxes. Selectmen oj towns. See Selectmen and Municipal Q(ficel·s. Overseers OjPOOl·. See Overseers oj Poor.

OI!.GANIZATION OF UNINCOI!.PORATED TowNsmps, 86-90.

See Penalties.

Unincol-pol'ated townships, county commissioners to take census of, once in five years, § 46, 86. to determine what townships have I!.ot less than two hundred and fifty inhabitants, § 46,

86. descriptioI!. of such, to be returned to secretary of state's office, § 46, 87. warrant to be issued to some principal inhabitant to call meeting for organization, § 47, 87. I!.otice to be postecl fourteen days, § 47, 87. person ordered to notify, to return warrant, § 47, 87. See Plantations.

TOWNS. See :iJIunicipal Q(ficers. Actions, by or against, where brought, § 13, 618.

service of writs upon, § 18, 618. tt Annual meeting," these words, when applied to, mean annual meeting for choice of town offi-

cers, § 4, 58. Bricks, the burning of, in certain places may be prohibited by, § 9, 231. BU1'ying g1'Oltnds, money to purchase and fence, may be raised by, § 1, 224. Charcoal, bl1skets not sealed, used in measuring, may be seized by, § 9, 378: Cities, includeil in tbe word towns, § 4, 58. Contagious diseases, by-laws for prevention of, may be established by, § 36, 221.

See Contagious Diseases. Oounty commissioners, I!.ot to issne warrants of distress against, till notice is given to assessors,

§ 15, 592. Drains and common sewel's, powers and duties of, relating to, 226-229.

See Drains and Common Sewel's. Executions, or warrants of distress, against towns, how issued and served; sale ·of real estate

thereon, § 37, 399; § 29, 669. . remedy of iuhabitants of, who have had their property taken on execution, or on warrants

of distress against, § 37, 399; § 31, 669. Ferrymen, to be provided in certain cases by, § 2, 258. Fires, liable in damagcs for bnildiugs destroyed to prevent spread of, §§ 9-14, 291,292.

may pre.scribe rnles for management of fire engines, § 1, 289. may elect fire wards, § 6, 290. may draw water from private aqueduets in case of, § 8, 470.

Guide-posts, towns required to erect and maintain, § 77, 254. Gunpowder, aud other explosive substances, regnlations respecting, may be made by, § 24, 293.

not to be in force till published, § 27, 294. Health, committee of, may be chosen by, § 14, 218.

board of, may be chosen by, §-34, 221. Hospitals, lI1ay be established by, 220, 221. Holtses oj correction, may be built and maintained by, § 17, 920. Inoculation, of inhabitants, towns may pro,ide for, § 35, 221. Insane, towns lil1ble for snpport of, at insane hospital, after legal examination and commitment

§ 18, 931. . ' _,;' , .~'.

~1252 INDEX TO REVISED STATUTES.

TOWNS-Oontinued. J'tl'ors, towns mily vote to strike out certaiu names from lists of, § 1, 772;

meetings of, for drawing, §§ 9; 11, 774. penalty for neglect of duties in drawing, § 17, 7'15:

LiqU07'S, for towu agencies, to be purchased of state commissioner, 299-301. vessels containing liquors owned or kept by, to be mnrked, § 51, 309.

See Intoxicating LiqllOl·S. ]Iobs, when towns are liable for injuries done by, § 8, 846. ]Ioose wardens, may be cllOsen by, § 11, 324. Nuisances, powers and duties of towns, for prevention of, ~230-236. See Nuisances. Paupel's, settlement of, how affected by incorporation or division of; § 1, 278.

haYing settlement therein, to be relieved"by, §, 4, 279. towns may raise money for support of poor, § 4, 279; § 8, 280.

may contract for snpport of poor, for time not exceeding :five years, § 6, 279. may appoint overseers of poor, § 4, 279. may :file complaint against kindred of, § 10, 280. liable to inclividnals for snpplies fnrnished to, § 23, 282; § 32, 284. reeoycry against, when to estop them from "denying settlement, §§ 25, 28, 283. may reeoYer of paupers amount furnished for their snpport, § 34, 284.

penalty for bringing panpersinto, §§ 38-40, 2~4, 285. in actions by or against, for support of, full costs allowed, § 107, 654.

Plantation, included in the word town, § 4, 58;"§ 55, 311. Pounds, to be erected and maintairied by, § 1, 272.

pound-keepers to be appoiuted by, § 5, 273, Public librUl'ics, may be established by, and money raised therefor, § 9, 472.

may receive and hold gifts, bequests and devises therefor, § 10, 473. Raill'oads, not exceediug :five per cent. of valnation, "to aid in eonstrnction of, may be appropria­

ted by, § 80, 465. holdil1g stock in, ml1nicipal officers 'may vote thereon, § 81, 4.65. raising money by loan for that purpose, to pay interest and three 'per cent. of principal

each year after the third, ~ 82, 4.65. Rcjol'1n school, towns liable for board and other expenses of boys therein, § 5, 924. SC7lO01s, duties of towns relating to, 184-186. See Education oj YOlith. .

money for support of, may be raised by, ~ 35, 83; '§ 5, 184.' Rnd for purchase of school bool-s, § 6, 185.

lands for schoolllOuses may be taken by, § 33, 190. school disb.icts may be formed from two or more adjoining towns, H 40-4.3, 191,192.

·Sc71001 committee, SltpCI'intending, or supenisors, .pei:mlty for neglect to choose, § 12, 186. Sealers, of weights and measures, to be annually appointed by, § 5, 386. Surveyors, of boards, planks and other lumber, to be annunlly appointed by, § 14, 379.

of shingles, clapboards, staves al1d hoops, § 14, 879. of logs, may be appointed by, § 14, 379 •

. Taxes, liability of towns, in assessment of, § 41, . 138. forfeiture imposed upon, for neglect to choose assessors or selecb.nen, § 76, 145. neglecting for :five months to assess state tax, state treasurer to issne wan-nnt to sheriff to

collect it, § 82, 146. ' property of inhabitants of, may be tilken on warrants of distress for, § 84, 146. at annual meetings, may determine time of paymeut of, § 93, 147. to pay state and conuty tn..xes wheu collectors fill, § 126, 153; § 144, 157. when collectors of, are deliuquent, new collector m~y be chosen by, § 138, 156. town treasnrers may be appOinted collectors of, § 147, 157. when citizens whose property has beeu tnken for taXes, may maintain actions therefor,

§ 157, 159. See Tuxes. Tenclel', or offer to be defanlted, may be made by, in actionstb recoverdnmages f6r defects in

highways, § 22, 642. Toll:houses, land in highway may1.Je tal,en for, but not so as to obstrncftl'llvel, § 9, 444. Trespass, on property of, treasurers to sue therefor, § 10, 733. Trustees, towns cnnnot be summoned as, § 8, 676.-Vacancies, in town offices, how filled by, §§ 12, 19, 79,80; §§97, 102, 149; § 121, 152. Viewers and cullers, of hoops arid staves, toWns containing port of delivery, inllY be appointed

by, § 14, 379. . Visiting o.fjicers, may be appointed by, § 41, 285. Watch anclwal'cl in, 28G-288, See Watch ancl Wm'd.

INDEX TO REVISED STATUTES. 1253 TOWNS-Oontinued.

Ways, powers and dnties of, relating to town ways, 242-245. See Ways. located for hauling wood 'and lumber, towns not liable for damages on, §§ 19,.20, 243. duties of, in regard to hlghways and liability of, for injuries by defects therein, 241-254.

. See Ways. Weighers, of beef, may be appointed by municipal officers of, , § 31, 348.

of coal, to be annually appointed by municipal officers of, § 12, 379. Wood, coal and bal'k, measure and sale of, and the location of teams llauling the same, may be

regulatcd by, § 1, 377. WOl'klwuses, may be pronded by, § 1, 260.

two or more contiguous towns may provide one workhonse, § 4, 261. mhy appoint overseers of, § 2, 261. proportion of expenses, bow recovered, §§ 9, 10, 262. neither may commit more tban its proportion, § 12, '262. delinqueut, may be deprived of rigbt to occupy, § 14, 262. each liable for its own commitments, § 18, 263. either may furnish additional materials for labor, § 15, '262.

TOWNSHIPS, unorganized, when land agent may locate roads in, § 29, 118. of timbered lands for sale mny be set apart and sold; notice of sale, § 46, 120. owners of nnineorporated, may assess and collect money for builcling and repai.J.ing ways, § 14,

475. See Plantations. TRADE, OR COMMERCE,

banks, not to engage in, § 15, 406. insurance companies, not "to engage in, § 12, 431. warden of state prisol?-, not to engage in, § 12, 909.

'J;'RADE MARKS, of mechanics or manufacturers, penalty for counterfeiting, § 6, 858. protection of, and damages for fraudulent use of, §§ 7,8, 858,859. illegal use of, may be restraincd by writ of injunction, § 10, 859.

TRAVEL AND ATTENDA..!.'<CE, uIiowance to parties for, in snpremejudicial court, ~ 14, 817.

in municipal and police courts, and bcfore triD.ljustices, § 14, 817. See Fees.

TRAVELERS, on roads, withvebicles, how to pass, H 2, 3; 256. on toll bddges, claiming to pass free, their duties and liabilities, § 2, 443. See Law of the Road.

TRAVERSE JURORS. See JUl'Ol's. m!ll:in~r of impanelling, and duties, in civil actions, §§ 66:79, 648-650. how drawn, and dudes, § 7, 773; §' 15, 775. fees of, § 11, 817. dudes in mimioal trials,' and oaths of jurors, §§ 20,21, 888, 889.

TREASON, in what it consists, what degree of proof required, and penalty, § 1, 823. misprision of trenson defined and penalty provided, § 2, . 824. limitution of prosecutions therefor, § 3J 824. usurpation of jurisdiction,. under claim of authority from foreign powers, § 4, 824. persons imprisoned for, not of right entitled to writ of habeas corpus~ § 5, 744.

TREASURERS,

OF AGRICULTURAL SOCIETIES, county and local, § 9, 480.

OF CORfOlLl.TIONS, to keep record of stockholders' claims against corporations, § 28, 398. on failure to exhibit same, stockholders depdved of their right of set-off, but may maintain

action against, § 28, 398. . may maintain snits in' their own names and prosecute snits pencling in the name of their

. predecessors, § 13, 640. manufactming, must be stockholders, § 2, 423.

to give bond for fidelity in office, § 2, 424. to sign certificates of stock, § 5, 424. to sell shares for neglect to pay assessments, §§ 6,7, 424. to publish s~mi-annuul. statements of affairs o~ corporation, § 8, 424.

incorporated under general law, §§ 18i 19, 426.

1254 INDEX TO REVISED STATUTES.

TREASURERS-Continued. OF CORl'OR..I.TIOKS,

for navigation by steam, § 1, 466. to publish annual statement of capital aud debts, § 4, 466.

OF COUNTIES. See County Treasw'el'S, . OF L~SUn..L~CE CO)[P..I.XIES, MUTUAL, compensatiou to be fixed by stockholders, § 31, 434.

OF LAW LIDRARY ASSOCU.TIOXS, §§ 7, 8, 472,

OF PARISHES, to sue for damages and h'espasses au corporate property, §.10, 733.

OF PliOPRIETORS, of lands and wharves in common, §§ 3, 7, 474; § 10, 475.

OF SAVIXGS BASKS, to be sworn anel give bond, § 89, 420. compensatiou, § 89, 421. trustces shall settle accounts of, twice a year, § 90, 421. power of, over mortgages and other real estate secUlities, § 94, 421. to make annual returns to bank examiner, § 98, 422.

OF STATE, to keep his office at seat of government; to give bond in the sum of one hnndrcd and fifty

thousand dollars, § 44, 69. bond, and its condi tions, § 45, 69.

when approvecl, to be lodgcd in secretary of state's office, § 45, 70. not to secure for himself interest or bcnefit, on money belonging to state, or to loan or

nse it, in his own business, § 46, 70. attorney gencral, when notificd of violations of snch pro .... isions, to canse him to be in­

dictcd, § 47, 70. not to deposit more than twenty thonsand dollars, in anyone bank, § 48, 70. to make monthly rcturns of deposits in banks, and file them in secretary of state's offiee,

§ 49, 70. aunual rcport, to state snms receiveci of land agent, and time of reeeiving, § 50, 70. duties of, relative to state sinking funds, §§ 51-57, 70, 71. may issue registered bonds, § 54, 71. upon assignmeut to him, an equivalent bond to be issned to assignee, § 55, 71. shall kcep a register of such bonds, § 56, 71. charged with malfeasance in office, or alleged to be insane, by written complaint, governor

and conncil to inYcstigate Charges and remove him, :if charges are found true, § 58, 71. governor and conncil, to audit his contingent fund, § 59, 72.

may require him to give new bond, § 60, 72. may remoye him from office, :if he neglects to furnish new bond, § 60, 72. may appoint co=issioner to fill vacancy in office of, § 61,' 72. proceedings, in ease of such appointment, § 62, 72.

to lay before the governor and council, on the first Wednesday of January, annually, statemcnts of runount of walTants, and balances dne the state, from sheriffs and other officers, § 63, 72.

dnty of, to send tax warrants to shcriffs, for distribntion to assessors, § 6!, 72. to issne warrants, to cnforce the collcction of state ta..--.es, § 65, 72. annual report to the legislature, when to be made, and what it is to state, § 66, 72. to report the names of delinquent officers, § 67, 73. ' to toke oath of office, before governor anel council,' § 86, 75. with governor and council, and lund agent, to constitute a board, for'management of

puhlic lands, § 4, 113. secUlities taken by lund agent, made payable to, § 2, 113 •. duties of, in relution to the accounts of land agent, §§ 13-51, 115-122. to issne warrants for state taxes, what 'the warrants shall state, § 64, 72; §§ 38, 39, 137;

§ 60, 143. proceedings of, in the colleetion of ta..'i::es in unincorporatcd places, 138-142. , See Taxes. powers and duties of, in relation to unpaid state anel connt:\' taxes, § 74, 145. to issue warrants, against dclinquent collectors and' constables, § 123, 152; § 131, 15!.

at the request of muuicipal officers, § 124, 153. against deficient sheriff, § 132, 155.

when to issue warrants agaiust assessors, and inhabitants of towns, § 74, 144; §§ 82, 84, 146; § 121, 153.

duties respectiug the keepiug of the sehool fund, anelnpportioning the illcome of the srune to schools, § 92, 204. " ,

INDEX TO REVISED STATUTES. 1255 TREASURERS-Continued.

OF STATE, ferrymen to give bond to, § 1, 258. certificates and receipts for bounties, on wild aItimals, to be transniltted to, §§ 7, 8, 322,323. to receive from commissioners of wrecks property in fueir hunds, § 16, 338. muy pay jnst compensation to comnilssioners of wrecks, § 17, 338. duties of, in regard to weights and measures, 385-388. See Weights and JJleasul'es. money re'eeived for licenses to huwl,ers and pedlers, to be paid to, by clerks of courts, § 4,

390. to seul weights nsed in bunks once in five years, § 33, 408. may issue warrant of distress, to'compel payment of bank ta..-..;:, § 37, 409. proceedings of, in obtaining loans from banks, §§ 38.39, 409. duties, iu regard to secUlities, deposited by insurance companies, §§ 37-43, 435, 436. balance of procceds, of articles left in cars and sold at auction, to be paid to, § 45, 457. treasurers of law library associations, shull annually report state of funds to, § 8, 4T:!. authorized to make annual payments, to agliculturul societies, §§ 10, 11, 480. balance in the hands of public administrators to be paid to, § 29, 51l. judges of probate to gi,e notice to, of amount of such balance, § 30, 511. shcriffs to give bond to, § 1, 601. may maintain suits in their own name or prosecnte snits pending in name of predecessor,

§ 13, 640. may foreclose or discharge mortgages to state, § 21, 707. salary of, § 1, 806.

OF STATE PRISON, wardens to be, § 12, 909.

'OF TOWNS, how chosen, §§ 10, 11, 79.

to make annnul reports, 9 31, 82. to prosecute for Tiolations of law relating to elections, § 28, 97; § 52, 102. to sne for penulty for betting on elections, § 70, 105. may maintain actions against banks, paying diTidends after assessment of taxes on stock,

§ 36, 137. to issue warrants agli.inst delinquent cpllectors of tuxes, §§ 130-135, 154, 155. lJonds of, § 151, 158. duties of, as collectors of taxes, 157, 158. See Taxes. their dnties, relating to school district ta..-..;:es, § 46, 192. their dUties, respecting payment of bounties on wolves and bears, § 6, 322. to pay bounty on silk and cocoons, § 57, 352. their duties, respeeting weights and measures, § 4, 386. may sue in their own names, 'on contracts with them or their predecessors, § 13, 640. may sue for damages and trespasses on property of towns, § 10, 733. their duties in preparing and revising jury lists, §§ 1-4, 772, 773.

TREASURY, commissioner of, appointment, duties and proeeedings of, § 61, 72.

TREES, by-laws for planting and presernng, by sidewulks, authOlized, § 40, 84; § 21, U3; § 49, 249. surveyors of highways may expend money for planting, abont public squares, § 49, 249. when reul estate and when personal, § 1, 559. damages reeoverable for tre5pass upon, § 8, 732; §§ 9,12, 733.

, on application of certain persons interested in reul estate, entting and sale of, by direetion of. supreme judicial court, §§ 1, 2, 784.

penalty for wilfully burning, § 5, 830. penulty for maliciously inj uring, § 7, 862. boundary, penulty for inj uring or removing, § 14, 86,1.

TRESPASS, . on pUblic lands, § 7, 114.

on oyster beds, penalty for, § 22, 368. owners of land, taken for railroads, may maintain', against corporation, when damages not esti".::,

mated witbin three years, § 6, 449. railroad companies liable for, by persons in their employ, § 22, 453. or 1Daste, adntinistmtor of insolvent estate liable to treble damages for comnillting, § 20, 531.

may reco,er damages of person com.ntitting, § 20, 531. lintitation of actions of, § 79, 63l.

distinction between actions of trespass, and trespass on the case, abolished, § 12, 640.

1256 INDEX TO REVISED STATUTES.

TRESP ASS-Oontinued. in actions of, tender of damages may be made, effect thercof, § 20, 642.

on property, court, jnry or magistrate, to determine whether committed wilfully, § 34, 643. and trespass on the case, actions of, survive, § 8, 690. in actions of, against executors or adminish'ators, only actual damages recoverable, § 9, 690. and waste on real estate, 731-734. See Waste and Trespass on Real Estate. wilful, persons committed on execution for, not to give bond for liberation; and no't to issue

citation for thirty days, § 54, 802. on property, criminal, penalty for, § 9, 863. on property, malicious mischiefs and, 861-864.

See Malicious Mischiefs and Trespasses on Property. TRIAL,

modes of, may be established by snpreme judicial court, § 3, 581. • motions for new, upon evidence reported by judge, § 13, 584. in criminal cases, 886-889. See Oriminal Oases, Proceedings in Oow·t in.

TRIAL JUSTICES. See Justices, Trial.

TRIBES, INDIAN, 172-177. Seelnclian Tribes. TROVER,

actions of, survive, § 8, 690.

TRUAL'rTS, towns may make ordinances, concerning habitual, § 13-15, 186.

TRUSTS, concerning lands, exc'ept resulting trnsts, canngt be created nnless declared in writing, § 11, 560. title of purchaser, for valuable consideration or derived from levy, not defeated by, without

notice, § 12, 560. record of instrument creating or declaring, regarded as notiee, § 12, 560.

equity powers of supreme judicial court, in cases of, § 5, 582. See Trustees.

TRUSTEE PROCESS, CHAP. 86, 673-688. Trustee pl'Ocess, in, what cases and in what eourts, actions may be commenced by, § 1, 675.

wlit to be in form e~tablished by laW, authorizing attachment of goods and estate, § 2, 675.

semce of mit and effect of semce, on principal and on trustee, §§ 3, 4, 675. in what county actions sbould be brought, § 5, 675. plaintiff may, before service on p,rincipal, insert additional names as trnstees, § 6, 676.

may have further service on trustee, if sernce is renewed on principal, § 6, 676. notice to the principal, if absent from the state, § 7, 676. not appearing, trustees may appear in his behalf, § 7, 676. what corporations may be sUnlmoned as trustees, § 8, 676. tmstee about to leave the state, may disclose before 'a justice, proceedings, § 9, 676.

court may appoint a commissioner to take disclosure, § 10, 676. may so disclose at any time by. consent, § 11, 676. may be held though not an inhabitant of this state, § 12, 677. entitled to costs if he appears at first term and submits to examinatiun, § 13, 677. disclosure to be subscribed and sworn to, § 14, 677. adjudged trustee for specific articles, shall have a lien thereon for costs, § 15, 677.

officer who disposes of articles, shall pay the trustee amount dne him for costs, § 15, 677. trustee discharged, plaintiff not 'to proceed agaiust principal defendant, unless sufficient

personal service was made on him, § 16, 677. principal defendant may assume defence of suit, § 16, 677. compensation of trustee residing in another county, § 17, 671. not appearing the first term, liable for subsequent costs, § 18, 671. joint liability, if there are several, § 19, 678. living out of the eounty, not liable for any eosts arising on original process, § 20, 678. out of the state, and appearing :\>rst term after return, shall be allowed costs, § 20, 678. plaintiff failing in his action, principal and persons summoned as trustees to have execu.

tions, for costs, § 21, 678. costs not allowed, if suit discontinned, unless trustee disclosed, § 22, 678. living out of county, may appear by attorney, § 23, 678. declaration of attorney, if plaintiff proceeds no further, taken to be trne, § 24, 678. plaintiff wishing to examiue further, answers of trustee may be taken by a judge of su-

preme eourt or justice in the county where he resides, § 25, 678.

--

INDEX TO REVISED STATUTES. 1257 TRUSTEE PROCESS-Continued.

Tl'usteepl'ocess; disclosure maybe sworn to, before a judge or a justice of the peace, § 26, 678. not appearing, defaulted and adjudged trustee, § 27, 678. may submit a statement of facts to court, § 28, 678. answers and statements of, deemed to be true, unless contrary is shown, § 29, 679. questions of fact on additional-allegations may., by consent, be decided by judge, or sub-

mitted to jury, § 80, 679. testimony relating to sueh additional allegations to be gi'ren by depositions, § 31, 679. disclosing assignment of principal's goods, proceedings, ~ 32, 679. court may permit such assignee to appear and_ testify, § 32, 679. principal defeudant may be a wituess, § 33, 679. form of judgment against trustee, and against prineipal, § 34, 679. by agreement with plaintiff, may appear at a subsequent term of court, § 35, 679. executOr or administrator liable on a debt or legacy due from estate, § 36, 679, 680. amount which a stockholder in a corporation is liable to pay, to judgment creditor thereof,

may be attached, § 36, 679, 680. goods and credits bound, by trustee judgment recovered against deceased in his lifetime,

§ 37, 680. exeentor or administrator, of person summoned as trnstee and dying before disclosure, to

be cited, § 38, 680. not appearing, plaintiff may take judgment by default, § 89, 680. liable on scire facias if he does not pay, § 40, 680. trustee dying within thirty days after judgment, demand to be made on his execntoi',

§ 41, 680. ' exeeutor or administrator, adjndged trnstee, manner of issuing jndgment against, § 42,

680. liable on administration bond, if he neglects to pay, § 43, 681. if bound to deliver specific articles to princip.al defendant, S)lUU_ deliver them to officer,

§ 44, 681. _ if trustee refuses to deliver goods in his hands, or satisfy execntion, remedy of creditor

on scire facias, § 45, 681. valne of property, as between trustee and principal, how settled, § 46, 681. when a part of goods in hands of trnst.ee is taken on execution, residne to be delivered t6

prin~~§~ ~1. . surplus money remaiuing with Officers after sati~faetion of execution, to be paid to prili.-

cipal, § 48; 681. ' trustee process, after commitment of debtor, may be issued; effect thereof, and proceed-

ings, § 49, 681. mortgage of property diselosed, proceedings, § 50, 682. property to be given up on tender of amount of lien, § 50, 682. mortgagee failin!'; to accept tender of lien to be charged as trustee, § 50, 682. scire facias against mortgagee, if property is not delivered np on tender, § 51, 682. property mortgaged to indemnify mortgagee against any liability, or to secure perform-

ance of contract, to be delivered to officer after discharge of such liability or per­formance of contract, § 52, 682.

officer selling snch on' execution, to pay first the plairiIiiI' the sum paid or tendered by him, § 53, 682. - ' .

residue, how to be appropriated by officer, § 53, 682. trustee, in such cases, not prevented from selling mortgaged property, if the terms of con­

tract admit, § 54, 683. cases in which a person shall not be adjudged trnstee, § 55, 683. when defendant in an action is summoned as trustee of plaintiff, the action to be contin­

ned to await disclosnre, § 56, 683. adjndged trustee, disclosure and procecdings may be given in etidence in trial between

trustee and creditor, § 56, 683. costs how regulated in cases where defendant in suit is summoned as trustee of plaintiff,

§ 57, 684. proceedings if defendant in action pending is snmmoned as trnstee, §§ 58, 59, 684. money or other thing, due absolutely to principal defendant, may be attached before paya­

ble, § 61, 684. when a defendant is adjudged trnstee of plaintiff, and pays amonnt demanded, proceed­

ings, § 60, 684-trnstee liable for costs; not paying, proee.edings respecting, §62, 684.

1258 Th"'DEX TO REVISED STATUTES.

TRUSTEE PROCESS-Continued. Trustee pl'ocess; goods or effccts frandulently conveyed, subject to trustee process, § 63, 684.

trustee, liable ouly for such goods as remain in his possession, aiter paying nll demands due to him, § 64, 684.

judgment against, form of, § 65" 685. diseharge of, no bar to action of principal, § 66, 685. liable for costs on scire faeias, if discharged on disclosure, not having before disclosed,

§ 71, 685. judgment on scire facias against, § 65, 685. scire facias agaiust trustee, when to be sued out, § 67, 685.

judgment on, how to be rendered, ~ 68, 685. two or more defendants in a writ of scire facias, court may enter np joint or several judg­

ments, § 69, 685. if trustee, defaulted on scire facias, was examined, judgment on discloshre, § 70, 685. trustee answeiing to scire facias, discharged on examiuation, liable for costs, if resident of

the'connty where the Oliginal process was returnable, § 71, 685. examinee] in original'sUit, may be re-examined on scire facias, § 72, 686. demand on trnstee to be made in thirty days after jUdgment, § 73, 686.

if not, goods Illld effects liable to auother attachment, ~ 73, 686. debt due at some future time, attachment to be continued, and how long, § 73, 686. if no second attachment has been made, 'principal may recover by sUit snch goods

and chattels, § 74, 686. . how made, if trustee is out of the state, § 75, 686.

judgment to discharge trustee from all claims of principal for sums paid in pursuance thereof, § 76, 686.

penalty, if trnstees disclose falsely, § 77, 687. trustee exempt from costs, if prevented from appeming by good cause, ~ 78, . 786.

may be allowed his reasonable costs and charges, § 78, 687. trustee processes, heard by one judge in supreme court, may be cunied on exception to . fnll court, § 79,' 687.

TRUSTEE PROCESS IN ;[USTICE COURTS, 687.

Trustee p)'ocess, in municipal, police or justice courts, form of, § 80, 687. may be brought in u county, where either of the parties re5ide, § 80, 687. proceedings in trnstee processes issuing from municipal or justice courts, §§ 81, 82, 687. less than five dollars recovered of principal, trustee to be discharged, § 82, 687. exccution, how issued, if defendaut or, trustee removes from coanty, § 83, 687.

Trustee pl'ocess, to proceed, thongh trustees be discharged' and defeudant lives in, another county, exception, § 84, 688.

trnstee action bronght on judgment on which exeention might issue Illld debtor has at­tachable property may be abated with costs, § 85, 688.

trustee action brought for purpose of vexation or to aecumulate costs may be ubated with costs, ~ 85, 688.

how trustee may be held when demand against him is assigned, § 86, 688. how demands assigned as security may be trusteed and redeemed, § 86, 688. plaintiff's rights in case of redemption by him, § 87, 688.

insurance companies may be hcld as trustees, by mortgagees, to enforce lien on policy, § 33, 435. assignee for benefit of crcditors not subject to, for six months after noticc, § 7, 5405. excess in hands of assignee, aiter eighteen months, subject to, § 7, 545. uttacbment by, may be dissolved on filing bond, § 72, 630. costs allowed in actions of debt on judgment in, § 118, 655.

TRUSTEES, taxation of property held in trnst by, § 14, 132.. may be appointed by court, when charter of corporation expires, to close its affairs, §§ 19, 20, 396. in probate proceedings, fees of, § 29, 501. ' in mortgage, hold in joint tenancy, § 13, 560.

surviving or remaining, may convey, § 13, 560. set-off Of claims in actious by, § 56, 646; of fuhds'arising from sale of timber and cord wood, § 4, 784. of ministerial and school lands, 212, 213. See ~j)[inisterial and School Lands. of law library associations, § 7, 472. '

':: testamentary, 539-541. See Testamentary TI'ztStees.

INDEX TO REVISED STATUTES.

TRUSTEES-Oontinued. of state reform school, 922-926. See Reform School, State. of insane hospital, 92B-933. Sec Insane Hospital. OF SA.VINGS BA.NKS,

to be chosen annnally by members, § 88, 420. shall elect president and treasurer, § 89, 420.

semi-annually examine and record condition of banks, § 90, 421. how deposits or funds are to be invested by, ~ 91, 421. loans not to be made to, § 91, 421. duties in making dividends and reserving funds, §§ 92, 93, 421. shall keep all real estate insnred, § -95, 421. and receivers may compromise debts due insolvent savings banks, § 102, 422.

OF Ra.ILllO.ll> MOllTGA.GES, 457,458. See Rai/l·oaels. shall call meeting of bondholders on breach of condition of mortgage, § 48, 457. shall take possession of road, if bondholders so determine, § 50, 458, powers and duties of, on taking possession of road, H 51, 52, 458.

1259

to give notice of foreclosure, on application of one-third of the bondholders, § 53, 458. proceedings of, on foreclosure of mortgages to secure payment of bonds and conpons,

§§ 53-56, 458, 459. to convey to new corporation after foreclosure, § 55, 459.

of prior l'ailroad mortgages, on payment of amount due thercon, by any persons interested in subsequent mortgages, shall redeem prior mortgages and hold them in trust for per­sons paying, § 62, 460. -

may extend the time of redecming, when persons interested therein so vote, § 66, 461. of subsequent l'ailroad mOl'tgages, on application, shall call meeting of persons interested in re­

demption of prior mortgages, § 61, 460. shall give notice of vote to 'redeem snch plior mortgages, and of time, place and amount of

payment by contlibutors, § 61, 460. to publish notice to persons interested in such mortgages, whO have not contribnted to re­

demption of plior mortgages, § 63, 460. stockhOlders of old corporation may redeem prior mortgages by paying to, the amonnt

paid by said trustees for saiclprior mortgages, with ten per cent. interest and amount secured by subseqnent mortgages, to those who contributed to redeem prior mort­gages, § 64, 461.

stockholders may reqnire of, account of receipts and e:xpenditures and amonnt dne on snb­seqnent mortgages, § 64, 461.

of bondholelers, operating railroad, have same rights and obligations as original corporation, § 68, 462. _

snpreme jndicial conrthas julisdiction in equity, of all matters relating to, § 70, 462.

TRUTH, _ when it may be gi,en in evidenee in prosecntions for libels, and effect thereof, § 4, 867.

TilllULTUOUS ASSEMBLY, suppression of; by armed force, on refusal to disperse, §§ 4-6, 845.

TURF, penalty for wilfnlly c1igging up-without liceuse, § 9, 863.

TURNIPS A.c'ID TURNIP BEETS, standard weight of a bushel of, § 56, 352.

TYTHINGnillN, choice of, § 10, 79. to alTest disturbers of camp meetings, § 19, 851. to proseente for violations of the Lord's day, § 24, 852.

UNINCORPORATED PLACES. - See Plantations. voters in; may vote in adjoiniug towns, § 50, 101. organization of, §§ 47, 48, 87; § 89, 147. assessment aud eollection of taxes in, 147. See Ta:ces. loeation, building and repair of ways in, § 32-36, 245, 246. provisions for relief of panpers in, §§ 22, 23, 282.