2470 INDEX TO THE

Page.

AVERAGE.

The average value of lands established, and the annual assessment to

be imposed upon their amount, ascertained at the said average

value— Nov. 1792, ch. 71, sec. 12, 13, 14, .....

288

AWARD.

See REFERENCE.

BAIL.

On writs from the general court, special bail may be given before the

return thereof before a judge of such court, or two justices of the

county, with two sufficient freeholders, such as they shall approve

of, such bail piece, to be delivered to the sheriff, to be returned

with the writ— 1715, ch. 28, sec. 2. ......

15

The recognizance of bail taken by the judge or justices shall be trans-

mitted to the general court, with a warrant of attorney to some at-

torney thereof to appear for the defendant — 1715, ch. 28, sec. 4,

16

The form of such recognizance prescribed instead of the one in the

former act— Oct. 1778, ch. 21, sec. 4, ......

141

Fees to the officers the same as if taken in court — 1715, ch. 28, sec. 4,

16

Allowance to the justices for taking such bail — 1715, ch. 28, sec. 4, .

16

The judges of the general court may make rules for justifying bail, so

as not to compel a personal appearance of the cognizors — 1715,

ch. 28, sec. 5, ..........

16

One or more county justices may take special bail in actions in the

county courts, according to the rules for those in the general court

1715, ch. 28, sec. 7, .........

16

Their allowance for taking such bail— 1715, ch. 28, sec. 7,

16

The judge or justices taking a recognizance of bail directed to examine

into the sufficiency, and not to take persons who have not sufficient

estate— October, 1778, ch. 21, sec. 5, ......

142

But not to abridge the power of the courts to make rules and orders

for justifying bail, or to examine the sureties on oath, as required

by the act of 1715, ch. 28—1778, ch. 21, sec. 5, ...

142

On judgment against the bail, execution may be issued as if for his

own proper debt— 1778, ch. 21, sec. 6, .....

142

Special bail shall be awarded in actions against persons for not attend-

ing as witnesses when summoned — 1715, ch. 37, sec. 5,

20

May be awarded on affidavit in actions under the act to prevent injur-

ing harbours— 1774, ch. 18, .......

126

May be awarded on affidavit or other proof in actions of trover and of

detinue— 1753, ch. 17, ........

100

Manner of compelling bail from garnishees on attachment — 1795,

ch. 56, sec. 6, ..........

352

A recognizance in the nature of bail may be taken for the defendant's

appearance on a warrant for small debts — 1791, ch. 68, sec. 2,

278

Mode of proceeding against such bail — 1791, ch. 63, sec. 2,

278