how may be assigned when there are several parcels of land belonging to the

same person, 503.

who may assign, 503, 504.

widow's right to continue in mansion until assignment of, 504.

widow, when entitled to writ of dower, and damages for detention of, 504.
notice of demand of, by widow, how may be served, 504.

judgment for, what to set forth, and of appeal from, 504.

of commissioners to set off, proceedings of commissioners, confirmation of their
report, and of execution for damages and costs, 504, 505.

death of defendant not to abate action of dower when, 505.

assignment of, by court of probate, and proceedings in, 505, 506.

duty of dowress to repair, and of forfeiture of, by waste, 506.

when barred by jointure, 506.

estate settled as jointure to revert, if settlement defective to bar, and widow
claim dower, 506.

demandable by widow, if evicted from jointure, 506.

widows may bequeathe crops of dower lands, and right of her executors and ad-
ministrators to remove fences placed by her about them, 506.

DRAFTS. See Bills of Exchange.

DRAFTS OF MILITIA, how to be made, 617. See Militia.
DRIFT-WAYS may be laid out by town council, 119.

to be laid out in same manner as highways, 119.

when gates, &c., shall be built across same, and who shall maintain same, 119.
appeal from laying out, when and how taken, 119.

how appeal to be tried, 119.

damages and charges for laying out, how to be paid or recovered, 119.

DRIVING, immoderate, in certain places prohibited, 130.

DRUGS AND MEDICINES, fraudulent adulteration of, for sale, so as to render
them injurious to health, how punished, 546.

DUEL, engaging in, how punished, 530, 531.

challenging, or accepting challenge to, how punished, 531.

inhabitant of this state inflicting mortal wound in, out of state, punishable for
murder, if wounded person dies within state, 531.

second, by appointment made in this state in such case, accessory before the fact
to crime of murder in state, 531.

former conviction or acquittal of principal or accessory, in such case, in another
state, a bar in this state, 531.

DUTCH ISLAND, penalty for unlawfully taking sea-weed, &c., from the shores of,

214.

DUTIES on sales by auction, 271.

what sales by auction exempt from, 271.

rates of, on different articles sold by auction, 271.

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

on auction sales, when and how paid, 272.

DYING WITHOUT HEIRS, who take possession of estate of person, and to ac-

count to claimant and pay debts, 376.

power of town council to examine suspected possessor of property of person, and
suit against, 377.

unclaimed legacies and distributive shares, to whom to be paid, and liability of
town for, 377.

power of town treasurer to sell unclaimed specific legacy, and duty to keep
accounts and record of proceedings as to estates of persons, 377.
DWELLING-HOUSE, maliciously burning or destroying of, when not arson, how
punished, 534.

DWELLING-HOUSE - Continued.

entering of, in the night time, or breaking and entering or entering in the day-
time, with intent to commit murder, rape, robbery, arson or larceny, how pun-
ished, 535.

EASE AND FAVOR, all contracts with executive officers of the law for, to prison-
ers, &c., void, 482.

executive officers of the law receiving money or other valuable thing for, how
punished, 529.

EASTON'S POND, fisheries in, and in creeks adjacent, regulated, 239.
EDUCATION, provisions in the constitution in relation to, 31.

EJECTMENT for possession of mortgaged real estate, conditional judgment in what,
and when to be rendered, 458.

one or more of several defendants in, acquitted or discharged on demurrer, or
action discontinued as to, to recover costs, 460.

for possession of estates holden in coparcenary, tenancy in common or joint-
tenancy, may be brought by all, or any two or more, or by each one of the
cotenants, 507.

plaintiff in, entitled to apply for writ of estrepement, 512.

actions of, survive death of plaintiff and defendant, and proceedings and effect
of judgment in such case, 426, 427.

ELECTIONS, rights and qualifications of voters in, 20, 21, 22, 68, 69.

registering, listing and returning lists of voters, and of proof of their qualifi-
cation to vote in, 70, 71, 72, 73, 74, 75.

canvassing the rights and correcting the lists of voters in, 76, 77, 78, 79.

elective meetings, 80, 81.

manner of conducting elections, 82, 83, 84, 85.

of general officers, how voted for, and votes how sealed up, certified, delivered
and counted, 27.

of senators and representatives, when and how voted for, and votes how counted,
and certificates of election given, 27, 28.

proceedings in case of no election of senators or representatives, 28.

in Providence of senators and representatives, and proceedings in case of no
election, 28.

of governor and lieutenant-governor, if no election by people, how made, 28.
of secretary, attorney-general and general treasurer, if no election by people,
how made, 28.

of representatives in congress, 86, 87.

of electors of president and vice-president, 87, 88.

general provisions concerning, 88, 89.

of town officers, 96, 97, 98, 99.

illegal meetings for, void, and when to be dispersed as riotous assemblies, 525,

526.

ELECTORS. See Voters.

ELECTORS OF PRESIDENT AND VICE-PRESIDENT, how many to be

chosen, 7, 87.

when to be chosen, 8, 87.

votes for, how to be sealed up and certified, and when and to whom to be re-
turned, 87.

who to examine and count votes for, and to give notice to, of election, 87, 88.
in case of equal division of votes for, how vacancies in, to be filled, 88.
where to meet to vote for president and vice-president, 88.

if after election decline, or prevented from serving, vacancies in, how to be
filled, 88.

votes for, may be deposited in ballot box with or without an envelope, 83, 84.
EMBEZZLEMENT, in general, how punished, 536.

by officer, agent or servant of bank, how punished, 536.

EMBEZZLEMENT - Continued.

search warrant for money and other property obtained by, and proceedings on,

557.

ENGAGED, word includes both sworn and affirmed, 44.

ENGINE COMPANIES. See Fire Engine Companies.

ENGLISH STATUTES, what, to remain in force in this state, 632.
ENROLLED MILITIA, who shall constitute, 598. See Militia.
ENTAILS, certain words in will, do not create, 357.

created by will, how long to continue, 357.

how to be conveyed in fee-simple, 334.

ENTICING FEMALES to houses of ill fame, how punished, 543.

ENTRY of actions and appeals in supreme court and court of common pleas, when to
be made, and what deemed to be, 445.

of leave to make out of time, for what causes granted, 445.

of appeal, complaint, of confirmation for neglect of, and costs and interest in case
of, 462, 463.

of action in court of magistrates, what, 405.

fee, not to be charged on informations in court of common pleas, under the
liquor law, 202.

fees in supreme court and court of common pleas, what, 593.

fee in courts of magistrates, what, 589.

ENVELOPES, for voting, how furnished for elections of general officers, representa-
tives in congress, and of electors of president and vice-president of the United
States, 83.

how furnished for other elections, 83.

what to be, and what device to bear, 83.

to be at town, ward, &c., meetings at opening of same, and who to see to, 83.
not used, to be returned by moderators and wardens to town clerks, 83.
in what elections may be used, 83, 84.

not, 98.

all ballots given on same voting day by any voter to be in one envelope, 84.
how and where to be deposited in voting, 84.

to be opened in town or ward, &c., meetings after closing, to count ballots, 84.
if contain more than one vote for same person, or votes for different persons for
same office, votes not to be counted, 84.

if bearing a distinguishing impression, device or color, contents of to be rejected,

84.

EQUIPMENTS, arms, &c., of militia, what, 609, 610, 611.

exemptions of, 437, 612. See Militia.

EQUITY, exclusive jurisdiction of supreme court in, 30, 33, 388.

power of supreme court over assignee's order, voluntary assignments, by petition

in, 388, 389.

or a justice of court in, to enjoin railroad and turnpike

quorum of supreme court for trial of bills in, 390.

corporations, 389.

over receivers of corporate
bodies appointed by general
assembly, 389.

power of supreme court to make rules in, 388, 391, 456, 457.

a justice of supreme court to enter up rules, and make interlocutory

orders and decrees in, 391.

to make orders and issue writs of injunction
in, 391.

bills in, in what county to be brought, 425.

and petitions in, in what county may be heard and decided, at discretion of

court or judge, or by consent of parties, 448, 449.

of masters in chancery, how, and how many to be appointed, tenure of office, and

EQUITY-Continued.

powers of, and rules concerning proceedings before, reports and exceptions to
reports of, and hearings on same, how made, 450, 451, 456, 457.

proof in cases of, to be by deposition unless otherwise specially ordered, 454.

interested witnesses and parties to be witnesses in suits of, 454.

amount due on mortgage to be ascertained by rules of, in ejectment for posses-

sion of mortgaged estate, 458.

proceedings in, for partition and sale of joint estates, 508–511.

ERROR, writs of, supreme court exclusively authorized to issue, 387, 388.

ESCAPE, when person committed to jail on execution shall be deemed to have made,
481.

jailer or other officer guilty of suffering voluntary or negligent, of a prisoner
confined for crime in his custody, how to be punished, 528.

conveying tools, &c., to any prisoner in jail or state prison, to enable him to
break jail or escape, how punished, 528.

committing, or attempt of prisoner in state prison to commit, how punished, 529.
ESTATE, real, construction of the words "real estate," 44.

real, what, and what personal, 105, 106–107, 333, 334.

where, and to whom to be taxed, 105, 106, 107.

sale of, for taxes, 110, 111.

joint-tenancy in, how must be created, and tenancy in common, how, 334.
joint heirs of, tenants in common in, 334.

power of tenant in tail of, to convey and devise, 334.

effect of absence of tenant for life in, for seven years, upon remainder-man, &c.,
of, 334, 335.

of the conveyance of, 335, 336, 337.

certain old grants of, in this state, confirmed, 337, 338.

of title by possession of, 339, 340.

of mortgages of, 340, 341, 342.

of mechanics' lien on, 343-347.

or license to sell, belonging to ward of deceased person, by guardian, executor,
&c., and proceedings under, 325, 349, 350, 351, 353, 354.

estates, in tail, how created by will, how long to endure, and how conveyed in
fee-simple, 334, 357.

of deceased person, chargeable for expenses of administration, funeral, and for
his debts, and in what order, and by what proceedings against heirs and
devisees, 378, 380, 381.

when may be attached, 439. See Attachment.

levied on execution, 475. See Executions.

ESTATES TAIL. See Fee tail.

ESTATE INSOLVENT. See Insolvent Estates of Deceased Persons.

ESTATE OF PERSON DYING WITHOUT HEIRS. See Dying without Heirs.
ESTATES OF DECEASED PERSONS, chargeable with expenses of administra-
tion, of the funeral and debts of deceased, and in what order, 378, 380. See
Executors and Administrators; Distribution, Insolvent Estates of, &c.

ESTRAYS, when animals may be taken up as, and what notice thereof shall be
given, and by whom, 228.

must be kept a year and a day, and if a horse, have a withe about his neck, 228.
owners of entitled to, on paying charges, 228.

charges for keeping, how determined in case of dispute, 228.

may be used by finder of, after notice to town clerk, 229.

proceedings in relation to, in case owner does not appear, 228.

duties of town clerk in relation to, and his fees for notice, &c., 229.

penalty on finder of, for not proceeding according to provisions relating to,
provisions relating to, not to extend to towns where other provisions are made,

229.

229.

ESTREPEMENT, writ of, who may apply for, 512.

may be issued by supreme court, or any justice of in vacation, 512.
how directed to be served to stay waste, 512, 513.

application for, how to be notified to adverse party, and power of court or jus
tice upon hearing of application, 513.

power of court or justice to require security of applicant for, against loss or dam-
age to be caused by issuing of, 513.

how to be returned, 513.

EVIDENCE. See Witnesses, Depositions.

no man compelled to give, criminating himself, 19.

in equity causes, to be by deposition, unless otherwise specially ordered, 454.
bastardy cases, may be by deposition, 147, 148, 454.

trespass for cutting or carrying trees, timber, &c., what may be, 515.

what sufficient to establish as a common nuisance, premises used for illegal sale
of strong liquors, 181.

interested witnesses may give, 454.

parties may give, except, when, 454.

by certified copies of extracts from newspapers deposited in Rhode Island His-
torical Society, 454, 455.

of notice of sale of real estate by executor, administrator or guardian, under
license to sell, what may be, 350, 351.

return of officer attaching property that defendant cannot be found, how far, 439.
overcharged, frivolous or immaterial to be disallowed in taxation of costs, 461.
written, fees for, unless noted on, not allowed in taxation of costs, 461.

of false signatures of bank-bills, in indictments, &c., for counterfeiting, what
may be, 540, 541.

of obtaining carnal knowledge of a female by a feigned marriage or a false
promise of marriage, what must be, 543.

of being Jew or Sabbatarian, what, 545.

EXCEPTIONS, rulings and directions of court of common pleas in matter of law,
when and how to be heard in supreme court upon, 465.

in special courts of common pleas, when and how, and upon what terms, 465.
bill of, how to be drawn, and when to be presented for allowance, 465.

extension of time for presenting bill of, for allowance, 465.

remedy in case judge refuses to allow bill of, 465, 466.

bill of, when and where to be filed, 466.

bond or recognizance to be given by party taking, and cause when to be entered,
and how proceeded with, 466.

power of supreme court to affirm or reverse judgment below, in case of bill of,
and of proceedings in cause, 466.

proceedings in case of neglect to enter and file copy of cause in supreme court,

466.

EXCHANGE, rates of, allowed to banks, 287.

bills of. See Bills of Exchange.

EXECUTIONS, of supreme court and court of common pleas, in what name issued,

and how signed, sealed, tested and to run, 470.

how many days after rising of said courts to be issued of course, 470.

issue of, by special order, in supreme court, 470.

court of common pleas, 470.

power of supreme court and court of common pleas, to stay, 470.

on judgments of special courts of common pleas, when to issue and be returned,

398.

of justices of peace, to be signed by justice who signed the writ, 401.

what justice to sign in case of death, removal or ceasing to
sustain office by justice who signed the writ, 401.
of courts of magistrates, how to be signed, sealed and tested, 405.