Side notes, where they were wanting, have been supplied; and the old ones, where they were imperfect, or erroneous, have been extended, or corrected.

Some obsolete terms have been explained in marginal notes.

We have prefixed an index to the work, which we deem sufficiently comprehensive. It contains more than six thousand abstracts, made from a perusal, for the sole purpose, of every sentence of the text, and so disposed, according to a system of arrangement and reference, that each may be readily found.

In executing the chronological notes, we found many difficulties to encounter. The public acts of nearly two centuries were to be examined and compared. For this purpose, records, written in an obsolete character, not unfrequently torn and defaced, always without method, and without an index, were to be searched. The whole progress of legislation was to be traced. The alteration of old laws, no less than the introduction of new ones, was to be observed. Provisions adopted in the infancy of our government, originally arranged under titles in no degree appropriate, and transferred, at subsequent revisions, from act to act, sometimes varied in substance, and sometimes modified only to help the connexion, were to be sought for among the regulations of a distant period, and an advanced state of society. But these were difficulties, which might be overcome by labour; and from no labour were we disposed to shrink, which the legislature had enjoined, and the public convenience seemed to require. We are not aware of having left an act, a section, nor often a provision, unaccompanied by its correct date. Still, there may be omissions, which more fortunate diligence would have supplied, and errors, which a nicer discernment would have avoided.

November 30th, 1808.

JOHN TREADWELL,
ENOCH PERKINS,
THOMAS DAY.

Acknowledgment.

See Deeds, No. 2.
Lease, No. 1.

Town clerks, No. 7, 13.

Acquittal.

See Convicts, No. 3.

Actions civil.

1. Ordinary process of what kinds, 31
2. By what authority to be issued,
[31, 424
31
3. To contain the declaration,
4. Attachments, against what to be
31, 60, 62, 63
granted,
5. Bond for prosecution, in what cases
to be given,
31, 32, 39
G. Writs and processes, to whom, and
in what manner, directed, 32, 425
7. Exception as to summonses for wit-
nesses, warrants to collectors, and
military warrants,

32

8. Terms of notice in actions returnable
ib.
to the several courts,
9. Judgment by default, in what case
to be entered,

33
10. Actions, in which the defendant is
not an inhabitaut, or sojourner, or is
absent, &c. how to be proceeded
ib.
with,
11. In actions on joint contracts, service
on those within the state, good a-
34
gainst all,
12. Those not within the state may be
ib.
relieved by audita querela,

13. When plaintiff shall be non-suited, ib.
14. When, and on what terms, plaintiff'
may withdraw his action, or nonsuit
ib.
himself,
15. Actions concerning the title of land,
ib.
where to be tried,

16. All other actions before the supe-
rior or county courts, where to bo
tried,

ib.

ib.

17. Before an assistant or justice,
18. Jurisdiction of an assistant or jus-

tice,

34, 35.

35

19. Appeal from, when allowed,
20. Issues in fact to be tried by a jury, ib.
21. Matters of law, and of apparent equi
ty, to be determined by the judg

es,

ib.
22. Also, matters of fact, upon agree.
ment of parties,

36.

23. Bonds with conditions, how to be
proceeded with,

b.

24 The jury may give a special verdiet,
and the court shall determine the law
thereen,

25. The court may cause the jury to re
turn to a second and third considera-
ib.
tion,
26. The jury, having a case under con-
sideration, to be confined under the
custody of an officer, until agreed,

[36, 37.
27. The court may fine the jurors, or of-
ficer, for misconduct, or neglect of
37-
duty,
28. No pleas, &c. to be admitted after
the cause is committed to the jury, it.
29. New trials, by whom, and for what
it.
cause, grantable,
30. Jurisdiction of county court, in what
ib.
cases final,
31. Appeals from county court, when,
and how taken,

τό.
$2. Sufficient bond for prosecution to be
37, 38.
given,
33. All bonds for prosecution to be paya-
ble to the adverse party,

38
34. Appeals, when to be entered in the
superior court, and on what condi-
ib.
tions,
35. Appellee may enter, on neglect of
ib.
appellant,
36. The plaintiff being not an inhabitant
of this state, the name of Iris attor-
ney to be entered on the record, ib.
37. No cost to be allowed for travel to
get a writ, or for carrying it to an of-
ib.
ficer,

38. Mode of proceeding, when an assist-
ant or justice, having rendered judg-
ment, shall die or be removed before
execution granted,

ib.
39. Bonds for prosecution may be order-
ed, after the suit is commenced,
when the plaintiff is unable to res-
pond costs,

39.

40 On plaintiff's neglect to comply with
such order, he shall become non-
ib.
suit,

41. Bond for prosecution to be given of
appeal from an assistant or justice, ib.
42. In actions before an assistant or jus-
tice, for obstructing waters, in which
the defendant shall plead, that he
had right, &c. the party aggrieved
by the judgment may appeal, on giv-
ing bond, &c. to the county court, 40
43. The party aggrieved by the judg
ment of the county court may appeal
on giving bond, &c. to the superior
ib.
court,
44. The defendant shall not be permit
ted to alter his plea made before such
assistant or justice, without leave of
the court to which the appeal is ta-
ib.
ken,

43. In what cases the plaintiff shall re
cover no more costs than damages, ib.