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APPEAL BOND — Continued.

supreme court, for rehearing of determination of court of common pleas,

466.

bond in the nature of, for rehearing in supreme court of question of law decided

by special court of common pleas, 465.

APPRENTICE. See Master and Apprentice.

ARBITRATORS, impowered to issue summons to witnesses, in all cases and matters
pending before them, 451.

ARMORY, 609. See Militia.

ARMS, equipments, &c., 609. See Militia.

ARRAIGNMENT, power of and course as to, in supreme court, 390, 391.

power of and course as to, in court of common pleas, 393.

standing mute upon, plea to be entered and proceedings, 562.

ARREST, forms of writs of, 432.

writ of, against female not to issue on contract not under seal, 434, 435.
voters exempt from, when, 88, 435.

military officers and privates exempt from, when, 436.

right of persons under, on mesne civil process, to be let to bail, and bail how
taken, 436.

persons caught taking and carrying away growing fruit and vegetables subject to,
without warrant by officer, 537.

ARREST OF JUDGMENT, motions in, to be tried by two justices of supreme court,

390.

time of limitation of actions extended by, 430.

ARSON, how punished, 534.

excepted out of limitation of indictments, 564.

persons accused of, how bailed, 562.

in prison, when to be indicted and when tried, or to be
bailed or discharged, 562.

persons convicted of, civilly dead, 564.

exclusively triable in supreme court, and not by single judge of, 390, 562.
ASSAULT, how punished criminally, 532.

on warden or other officer of state prison by prisoner, how punished, 529.

killing of warden or other officer in such assault, murder, 529.

with an intent to commit murder, robbery, rape, burglary or the crime against
nature, how punished, 531.

with a dangerous weapon, how punished, 531.

ASSAULT AND BATTERY, costs in action for, in supreme court or court of com-
mon pleas, when less than seven dollars recovered as damages, 459.

how punished, criminally, 532.

with a dangerous weapon, how, 531.

power of justices of peace to punish or bind over for, and proceedings in case
of, 556.

recognizance to keep the peace in case of, and proceedings on, 556.

ASSEMBLIES, unlawful. See Riots.

ASSESSMENT OF TAXES.

See Taxes.

ASSESSMENT OF SCHOOL DISTRICT TAXES. See Schools.

ASSESSORS OF TAXES, appointment and duties of board of, in the city of Provi-
dence, 107.

duties of, when tax is ordered by the town, 108.

compensation of, 116.

penalty on, for neglect of duty, 116.

general assembly, 114.

See Tares.

ASSETS, wearing apparel of testator or intestate not exceeding in value one hundred

dollars not, in hands of executor or administrator, 366.

apparel of widow and children not, 366.

ASSETS- Continued.

bedding, household goods, supplies on hand, and other property judged by court
of probate necessary to widow, when not, 366.

emblements, when assets in hands of executor and administrator, 366.
debts due from executor are, 366.

to the testator or intestate by mortgage, when to be inventoried as,

367.

real estate of testator or intestate, when to be sold as, 368.
proceedings for the concealment and embezzlement of, 368.

to be accounted for by executor or administrator though not inventoried, 382.
at double the appraised value, unless sold at publie auction,

or by direction of court of probate, 382, 383.

ASSIGNEE OF INSOLVENT, to be sworn and to give notice, duties of, 494.
may examine insolvent touching claims against his estate, &c., 494.

require insolvent to give up receipts, &c., 494.

power of over property and effects of insolvent, 495.

may set off mutual debts between insolvent and creditors, 495.

submit claims relating to estate of insolvent to referees, to make distribution

of his estate, how and when, 495.

be called to account by supreme court, 496.

ASSIGNMENT, person having liberty of yard required to make to keeper of jail
within ninety days, 481.

keeper of jail receiving, to be responsible for property received, 481.

to be transferred to creditor by keeper of jail, on request, 481.

made by imprisoned debtor, except for benefit of committing creditor, or of all
creditors ratably to be void, 482.

must be made by poor debtor imprisoned to keeper of jail before taking
oath, 484.

to be made by debtor liable to imprisonment on execution, upon taking the
oath, 487.

of insolvent's estate to be made in open court before receiving certificate of dis-
charge, 499.

ASSUMPSIT, costs may be awarded against either or neither party in actions of,

459, 460.

ATTACHMENTS. See Foreign Attachment.

what property in general subject to, 437.

property exempt from, 437, 438, 609, 612.

when, and to what amount officer charged with writ may make, 438.

effect of, to bring cause to trial, and notice to defendant of, 438.

duty of officer to keep goods taken in, as security, 438.

sale of live animals and perishable goods taken in, and disposition of proceeds
of, 438.

mortgaged personal estate subject to

when and how, and where may be sold;

of disposition of proceeds of sale of -and of plaintiff's right to redeem and
avoided by not redeeming, when, 438, 439.

real estate when subject to, and defendant how to be notified of, 439.

effect of officer's return in such case, 439.

of real estate, goods and chattels, and corporate stock, discharged, if not levied

on before return day of execution, 439.

order of satisfaction of judgments, in case of, 440.

time of, to be set forth in officer's return, 440.

property of manufacturing corporations organized under or adopting law relat-

ing to such corporations, subject to, 298.

property of foreign corporations subject to, and how to be attached, 440.
notice of such attachment, how to be given, 440.

corporate stock belonging to foreign corporations, or to absent or concealed per
sons, subject to and how made, 441.

ATTACHMENTS- Continued.

corporation served with writ in such attachment how to answer, and lien of,
saved from, 441.

discharged, when judgment against plaintiff in case of new trial, when, and when
not, 468, 469.

ATTORNEY, to be appointed by non-resident expressmen, for service of process, and
power of, where to be filed, 273.

to be appointed by foreign insurance companies for service of process and power
of, where to be filed, 301.

ATTORNEY AT LAW, admission fee of, 51.

fees of, in supreme court and court of common pleas, 592.

not taxable in justices' courts, 401.

ATTORNEY-GENERAL, when and how elected, and tenure of office, 27.

election of, if not made by the people, how made, 28.

oath of, and by whom administered, 29.

duty of, to attend the general assembly, and the supreme court and court of
common pleas, 66.

to draw and present indictments, &c., and prosecute the same, 66.

to prosecute for moneys due the state under the revenue laws, 57.

for violation of provisions of law requiring accounts, &c., to state
auditor, 62.

for neglect in the return of votes, 65.

or governor, to allow and countersign warrants for the apprehension of persons
accused of treasonable offences, before same are issued, 526.

when to commence an action in the name of the state, in behalf of the persons
interested to recover the expenses of apprehending, committing, and detaining
persons furiously mad, 151.

to conduct and argue appeals from liquor cases and fees of, what, in, and to be
taxed in costs, 202.

required to enforce law relating to foreign insurance companies, 304.

shall file bill in equity against any person, &c., building a railroad without char-
ter, 308.

an official visitor of the state prison, 587.

person exercising duties of the office of, without due election, how punished,

525.

salary and per diem for attendance of, 588.

fees to be taxed to criminals for use of state for services of, in cases where re-
quired by law, 597.

AUCTIONEERS, appointed by towns, 96.

may be appointed by town councils, term of office, 270.

shall give bond, its condition, 270.

names of, to be transmitted to general treasurer by town treasurer, 270.

bond of, how may be sued, 270.

judgment on bond of, how rendered, and execution thereon, 271.

proceedings against, when scire facias sued out upon judgment, &c., 271.

general treasurer sues on bond, 271.

must publicly read written conditions of sale signed by them before selling, 271.
commissions of, 271.

in Newport, Providence, Bristol and Warren, subject to regulations and entitled
to commissions fixed by said towns, 271.

to render account every six months to general treasurer of goods sold, 272.

oath of, to the account, 272.

to pay over duties to general treasurer, when, 272.

to make affidavit in case of no sales dutiable, 272.

penalty on, for not rendering account or paying duties, 273.

penalty on, for exercising the office without being chosen and qualified, 273.
entitled and liable to special court actions for moneys due on sales at auction,
396, 397.

AUCTIONS, all sales by, to be made by an auctioneer, 271.

subject to duty, except in certain cases, 271.

sales of foreign spirit by, duty on, 271.

United States and other stocks, real estate, ships, &c., duty on,
hay, grain, flour, neat stock, furniture, &c., duty on, 271.
other articles, duty on, 271.

duties on sales by, how apportioned, calculated and collected, 272.

AUDITOR, state. See State Auditor.

271.

AUDITORS, to be appointed by supreme court and court of common pleas in actions
relating to partnership and other joint account and book accounts, 456.

empowered to summon witnesses in cases and matters pending before them, 450,
451.

empowered to grant writs of protection to parties and witnesses in matters pend-
ing before them, 457.

report of, when to draw interest, 458, 459.

in actions of account, powers, duties, proceedings before, mode of action and
compensation of, 522, 523.

AWARD, of referees, when to draw interest, 458, 459.

BAIL, constitutional right to be let to, and prohibition of requirement of excessive,
13, 19.

1. In civil cases.

right of persons arrested on any writ or mesne process in a civil action to be let
to, 436.

modes of taking, in such case, 436.

how taken of persons committed of civil mesne process out of county of Provi
dence, 436.

how taken of persons committed on such process in jail of county of Provi-
dence, 436.

when discharged, in case of judgment against plaintiff, and new trial granted to
him, 468, 469.

how may discharge himself, pending original action, 478.

at any time before final judgment against him in
scire facias, 478.

principal surrendered or committed by, before final judgment in original action,
how long to remain in jail, 478.

principal committed or surrendered by, after final judgment in original action,
how long to remain in jail, and when to be discharged, 478, 479.

death of principal, when discharge of, 479.

scire facias against, and judgment in, 479.

on justice's writ, when suable out of court of common pleas
and of proceedings in, 479.

limitation of scire facias against, 479.

remedy of, against principal, 479.

required for excessive amount, and person committed for want of, to be relieved
on habeas corpus, how, 501.

2. In criminal cases.

who may admit to, persons committed to jail on criminal accusation, 502, 562.
justices of the peace to admit to, persons apprehended and brought before them,
except in certain cases, 552, 555.

court of common pleas to admit to, all persons indicted before it, 393.
persons accused of treason, murder, robbery, rape, arson or burglary bailable
only by supreme court or one of the justices of, or by court of common pleas,
when indictment found in said court, 562.

when persons so accused entitled to be bailed or discharged if not indicted, and
where, if not tried, 562.

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surety in recognizance for, to have the same power over his principal as in civil
cases, and may surrender him in his discharge, and how, 563, 564.
principal so surrendered to be admitted to, anew, and how, 563.
defaulted recognizance of, how to be proceeded with, 563.

BAILEES, certain, prohibited from selling or pledging goods intrusted to, 268.
BAITING-PLACE, for wild pigeons, penalty for firing, &c., near, 537, 538.
BALANCES-platform, when to be tried and sealed, 279.

penalty for using not sealed, 279.

who may seal, when office of sealer is vacant, 279.

BALLOT-BOXES, how to be furnished and kept in proper condition by towns, 83.

to have sufficient opening in top to receive ballots, 83.

to be opened and exhibited before balloting, 83.

kept closed and locked until the balloting be completed,
in charge of moderators and wardens only, 83, 95.

votes to be deposited in, 84, 95.

BALLOTS. See Votes.

83.

BANK-BILLS, penalty for issuing, payable elsewhere than at banking-room, 288.
penalty for issuing, of a less denomination than one dollar, 288.

fractional parts of a dollar, 288.

if counterfeit or altered may be so stamped, 288.

stamped by mistake, damage for, 289.

penalty for issuing, if payable in any thing but gold or silver, 289.

passing such bills, 289.

bills such as, not to be circulated as currency except by banks, 289.

of banks not incorporated by this state, or some one of the United States, and all
other bills, notes, &c., used as currency, void, 289.

counterfeiting, uttering, bringing into state or possessing with intent to utter,
knowing them to be counterfeit, how punished, 540.

making instruments to counterfeit, using them or possessing them to use in
counterfeiting, how punished, 540.

evidence of handwriting admissible and sufficient to prove signature to, to be
counterfeit, 540, 541.

plates and dies for engraving, how to be disposed of when charter of bank ex-
pires or is forfeited, and penalty upon directors for not so disposing of them,
541, 542.

malicious tearing, cutting, defacing or writing on, how punished, 538.

BANK COMMISSIONERS shall open books of subscription to stock of new banks, 285.
shall apportion stock among subscribers and record apportionment, and file
copy thereof in secretary of state's office, 285.

shall notify stockholders of new banks of time and place of meeting for organiza-
tion, 285.

shall file certificate of payment of first instalment and of organization of bank,

285.

when and how appointed, 289.

may be removed by governor, and others appointed, 290.

compensation of, and by whom to be paid, 290.

shall visit every bank at least once a year, make inspection and examination

into its affairs, &c., 290.

may examine any person under oath relative to affairs of bank, 290.

penalty on persons refusing to attend or obstructing, 290.

shall examine into the affairs of any bank on complaint under oath of persons
interested in bank, 290.

shall designate the day for bank returns to be made, 293.

give notice of day fixed, &c., 293.

make and publish abstract of bank returns and returns of institutions for
savings, 294.

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