Hening's Statutes at Large

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INDEX.

DRUNKENNESS.

Penalty for getting drunk, 73, 139, 170, 359.

DUCKING STOOLS

May be erected in each county, 268.

DUTIES

On liquors imported, 23, 88. Various regulations, for collecting, 23, 24, &c. Act imposing continued, 38. On hides, skins, wool and iron exported, 63. How secured and paid, 63, 64. Penalty for non payment, 64. Collectors, how appointed, 64. Appropriation of, 66, 67. Act imposing re-enacted, 88 &c. Privilege of owners of vessels, built or owned here, 88, 89. Foreign liquors, not to be landed till duties paid, or secured, 89. Entry of imported liquors, how to be made, 89. Allowance for leakage, 90. Penalty for false entry, 90. Power of collectors, 90. Penalty on officers receiving a bribe, or conniving at a false entry, 91. All persons to assist in execution of law, imposing duties, 91. Half duties, only, payable by persons coming here to reside, 92. Duties, customs and imposts, for support of William and Mary College, 123, 124. Act imposing duties re-enacted, 129, &c. Again re-enacted, with additions, 189. On servants and slaves, towards building a capitol, 193. How entry to be made, and duties collected, 193. Acts laying duty on liquors, servants, and slaves, continued, 212. Drawback allowed, on exportation, 213. Act laying duties on liquors and slaves, re-enacted, 229. Duty on spirituous liquors brought from any place, except the West Indies, 230 −− On those brought from the West Indies, 230. On wines, 230. On

cyder, beer and ale, 230. No duties on liquors, coming directly from England, 230. Proviso, in favor of Virginian owners of vessels, 230. No liquors to be landed till due entry made, 231. Forfeiture, 231 Further penaty 231. Entry how to be made, 231. wines, how to be entered, 232. Allowance for leakage, 232. Penalty for false entry, 232. Power of collectors, in making searches and seizures, 232. Penalty for bribery, 232. Duty on negroes, or other slaves, 233. Not to be landed till entry made, 233. Drawback on exportation of liquors or slaves, 233. Penalty, for false entry, 234. Abatement, where duties are paid in money, 234. Collectors may administer oaths, 234. Duties, how appropriated, 235. Forfeitures, how appropriated, 235. Governor to appoint collectors, 235. Duties how accounted for, 235. Duty of two shillings a hogshead, on tobacco exported, 344, 490. On tobacco, in bulk, 344, 491. To extend to all tobacco absolutely the growth of another place, 344, 491. Tonnage duty, 345. Port duties to be paid but once, 345. Rules for ascertaining the tonnage duties, 345, 492. Duty on passengers, servants and slaves, 346, 492. Penalty for making short entry, 346. Duties to be paid to collectors, 346, 493. Governor and council to appoint collectors, 346. Abatement of duties, for prompt payment, 347. Privilege of Virginian owners, 347, 494. Who shall be deemed Virginian owners, 348. Allowance to members of council, to be paid according to their attendance, 348. Entry of vessels and duty bonds, 349.

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Penalty of such bonds, 349. Oath of masters of vessels, 350. Duties to be paid before clearance granted, 350. Mariners, may be examined on oath, 351. Duties on skins and furs, for the support of William and Mary college, 356.

ELECTIONS.

Right of suffrage, declared, 26. None but freeholders, to vote for burgesses, 172. Penalty for voting, not being qualified, 172. No woman, infant, or popish recusant to vote, 172. How the poll to be taken, 172. Oath to be taken by freeholder, 172. If money, meat, drink, or provisions be given, or promised to a voter, the election declared void, 173. Form of return, 173. Elections to supply vacancies, how to be conducted, 174. Penalty on sheriff refusing to hold a poll, or to give a copy; or to give notice of the election; or to make a false or improper return, 174. Fines, how appropriated, 174. How recoverable, 174. No person eligible who is under 21 years, of age, 174, 175. Acts regulating election of burgesses, &c. re-enacted in revisal of 1705, pa. 236. Freeholders of every county to elect two burgesses, 326. James city to elect one burgess, 236. Method of issuing and executing writs for elections, 236. Penalty for failure, 238. Every resident freeholder to appear and vote, 238. Penalty, 238. Exceptions as to femes sole, or covert, infants, or recusants, 238. Penalty, on those voting, who are not qualified, 238. Method of taking the poll, 239. And of returning the burgesses, 239. Voters, if required, shall be sworn, 240. Form of oath, 240. Punishment of perjury or subornation, 240. Who accounted freeholders, 240. Form

of return, of burgesses, 240. For a county, 241. For William and Mary college, or a town, 241. Sheriff shall deliver a copy of the poll, upon request, 241. And shall execute new writs, to supply vacancies, 241. Penalty on sheriffs, or under-sheriffs, for refusal, or neglect, 242. Returns to be made to secretary's office, 242. No candidate shall give or promise any money, meat, drink, &c. to any voter, 243. Persons making, or promising presents, &c. disabled to sit in the house of burgesses, 243. Infants, or persons not freeholders not eligible, 244. Such election void, 244. Privilege of members of assembly, 244. Wages of burgesses, 244. Propositions and grievances, and public claims, how made to assembly, 245, 246. Process executed at, void, 248.

EMANCIPATION.

No negro, or mulatto to be set free, unless the person emancipating them, pay for their transportation, out of the country, within 6 months 87. Penalty, to be applied towards the expenses of transportation, 88. Negro Will emancipated for having discovered a conspiracy, 536.

EMBARGO.

On Indian corn, 185. Continued, 200. All vessels arriving, to give bond, conditioned not to sail in contempt of embargoes, 440. Notice of embargoes to be given, 441.

ENTRY

Of imported liquors, how to be made, 89, 129, 190, 231. Penalty, for, false, 90, 131, 191, 231. Penalty on officers receiving a bribe, or conniving at a false entry, 91, 131, 191, 232. On officer giving it, 131, 233. Entry of negroes, or slaves,

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233, 234. Limitation of right of, into lands, 323. Entries of lands, when to be surveyed, 330. Ports of entry and landing, 404, 405. Entry of servants, slaves and salt, 405. Of goods exported, 405.

ESCAPES.

Process on, may be executed at any time, 248.

ESCHEATS.

Form of patents, for escheated lands, 311. Recital and exposition of a charter of Charles 2d, concerning escheated lands, 315, 316. Rules in taking inquests of escheat, 317. Right of composition to possessors of escheated lands, 317. By whom to be paid, 317. Who deemed tenant in possession, 317. Rights of widows in escheated land, 317. Rules, as to descent after death of widows and femes covert, 318. Where the claimants are in equal degree, 318.

ESSEX

County, formed from Rappahannoc, 104. Boundaries, 104. Court days 104. To pay to inhabitants of Richmond, one half proceeds of sale of town land, at Hobs' Hole, 105. Records of Rappahannoc county, to be kept in, 105.

ESTATES-TAIL.

Not to be barred, but by act of assembly, 320, 517.

EXAMINING COURT.

Court of, for trial of criminals, how constituted, 390. Proceedings by, 390.

EXECUTION

Of a slave, for a crime, 103, 270. Arms, horses, &c. of militia exempted from, 339. How to issue from a county court, where defendant removes 514.

EXECUTIONS

Writs of fieri facias, how executed,

385. Goods, how appraised, 385. Levari facias, 386. Returns of executions, 386. Capias ad satisfaciendum, 386. How the body may be discharged, in tendering property, 386. Returns to be made, according to the truth of the case, 387. Notice to creditor, when to be given, 387. What deemed a sufficient tender of estate, 388. −− Debtor delivering up his whole estate, and lying three months in prison to be discharged, 388. Not to extend to debts previously contracted, or exceeding ten pounds, 388. Estate real and personal of debtor discharged, still liable, 388. Sheriff may carry debtor out of prison, in order to be discharged, 389. If the debtor tender to the sheriff, the amount of execution, within three days, the goods taken to be restored, 464.

EXECUTORS.

Debts due as, of the first dignity 375.

Executors and Administrators.

Debts, due as, of the first dignity, 375. How accounts of their testator or intestate proved, by them, 379. How accounts proved against them, 380. How long they may retain, for absent creditors, 380.

EXEMPTIONS,

From militia duty, 336. Persons exempted, to provide themselves with arms, &c. 337. Arms, horses, &c. of militia exempted from distress, or execution, 339.

EXPRESSES.

What deemed public, 475. How paid, 475, 476.

EVIDENCE −− See Witnesses.

On the trial of a slave, 103, 270. How obtained in the general court, 297. Depositions, when and how

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taken, 297, 298. Affirmation of Quakers allowed, 298. Evidence of Popish recusants, negroes, and Indians and others not christians, not allowed, 298. Penalty on witnesses failing to attend, 299. Recognizances of witnesses, in criminal cases, 299. Allowance, for attendance, 299. Proof of open accounts, how made, 379, 380. By and against ex'rs and adm'rs, 379, 380. −− When the oath of the plaintiff and defendant allowed, 379, 380. Sailors may give, in relation to tobacco, 497.

FACTORS.

Goods imported by, to be deemed the goods of possessor, 381.

FAIRS

Established, 408, 416, 417. In Williamsburg, 428.

FALSE NEWS,

Punishment of, in English or Indians, 100, 121, 128.

FEES.

Laws establishing fees of county court clerks, collected, 153. −− What fees they may demand after the last day of November, 1696, pa. 154. Table of fees, 154 to 162. Fees for public services, 162. No fees for copies, unless required and had, 162. The same fees for showing an order or record, on a trial, as for a copy, 162. No fees to be taken, except those specified, by law, 162. Penalty for breach, 162. Limitation of prosecution, 163. Limitation in collection of, to three years, 163 When sheriffs liable for, 163. −− Clerk bound to take the property distrained by the sheriff, 163. Table of fees to be set up in office, 164. Penalty for neglect, 164. Limitation of act, 164. −− For copy of laws, 25, 39, 107, 118, 125, 167, 481, 536. Fees of collectors and naval officers, ascertained, 195.

Penalty for exceeding legal fees, 196. Table of their fees to be set up, 197, 353. Of clerks for certifying public claims, 263. Of surveyors of lands, 330. For surveying lots in town, 332, 418. Of collectors, 351. Of naval officers, 351. Penalty for exceeding legal, 352. Virginian owners to pay half only, 352. Of sheriffs, for removing criminals; and their diet, 392. Of governor, for ordinary licence, 397. For naturalization, 435. Fees, on marriages, 445. To sheriffs, for apprehending, and conveying runaways, 457.

FEE-TAIL

Not to be barred, but by act of assembly, 320, 517.

FELONY.

Process for, may be executed, at any time, 248. Not felony to kill a slave under correction, 459.

FEME COVERT.

How her estate, in lands, may be passed, by joining her husband, in a deed, 319, 517.

FENCES.

What deemed lawful, 279. Trespasses, over, how compensated, 280. How viewed, 280. Penalty for injuring beasts, if the fence be lawful, 280.

FERRIES.

Ferries established, and rates of ferriage, 218, 219. County courts empowered to licence ferry-keepers, and prescribe the number of boats and hands, 220. Privileges and exemptions of ferry-keepers, 221. Penalty on others, for setting persons over a river or creek, where a ferry is established except to go to church, 221. Public expresses, 222. −− Laws concerning re-enacted in revisal of 1705, pa. 469. Ferries established and rates of ferriage, 470. County Courts

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may appoint ferries at opposite landings, 473. And may license keepers, 473. But shall take bond and security, 473. Privileges of ferry-keeper, 474. Penalty for taking ferriage where not licensed, 474. County courts may agree with keepers of ferries, for transportation of militia, 475. Public expresses, what deemed, 475. Public messengers, how paid, 475. Must produce certificates, 476. Expresses by water, how paid, 476.

Fieri Facias.

Writs of, how executed and returned, 385.

FINES & RECOVERIES

Prohibited, 320, 517.

FISH.

Act of June 1680, against striking repealed, 30.

FLAX.

Proportion of flax and hemp to be made by each tythable, 81. −− Penalty for neglect, 81 Certificate of making how obtained, 81. Fines how appropriated, 81.

FORFEITURES.

Form of patents for land, forfeited for not seating and planting, 310. When such lands forfeited, 314. How patents obtained, for forfeited lands, 314.

FORM.

Suit not to abate, for want of, 511.

FORMEDON.

Limitation of writs of, 323, 520.

FORNICATION.

Penalty for, 74, 139, 361. By servants, how punishable, 139.

FORTIFICATIONS.

Appropriation of duties for building, 66.

FORTS.

To be built on frontiers, 207. Governor may appoint commander of, 208.

FREEDOM.

Children bond or free according to

the condition of their mother, 140. Same law vol. 2 pa. 170.

FREEHOLDERS.

None but, entitled to vote, 172, 238. Penalty, on others, for voting, 238. Who accounted freeholders, 240.

FRENCH REFUGEES,

At Manakin town, formed into a distinct parish, 201, 478. Exempted from levies, for 7 years, 201. Further exemption, 478.

FRONTIERS.

Encouragement to settlers on the frontiers, 205. Land granted to societies as tenants in common, with power to make rules, &c. 205. Surveys to be made, and quit-rents paid, by the public, for the first 20 years, 206. Settlers exempted from taxes or levies, for 20 years, 206. Also from military service except for their own defence, 206. Settlement rights, 206. Conditions; that for every 500 acres of land, one able man, completely armed, shall be constantly kept, 207. Where stationed, 207. further encouragement to settlers, 207. Forts to be built, 207. Part of the expense to be paid by the public, 208. On failure of the conditions, land to revert to the king, without inquest 208. Governor may appoint commander of fort, 208. Look-outs to be appointed in Accomack, and Northampton, 208. Their duty, 208. Power and duty of commanding officers of militia, on the frontiers, in case of invasions, 209, 364. Pay of militia, when called into service, 209, 365. Conditions on which counties, on the frontiers may be divided, 284.

FRUIT TREES.

Owners of horses, notorious for barking, to keep them up, 70. Penalties for suffering them to run at large, 70, 71. Beasts known to

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have barked fruit trees to be kept up, 281. Reward for taking such up, 281.

FULLING MILLS.

Encouragement for erecting, 110.

FUNERAL EXPENSES.

To be regulated, by courts, 376.

FURS.

Export duty on, 63. Duty on, for support of College of William and Mary, 356, 357.

GAME.

When it may be pursued on lands of others, 328.

GENERAL COURT.

Terms of, altered to April and October, 10, 289. Jurisdiction of, 143, 289. Sheriffs, attending may summon jurors and witnesses in Williamsburg, and half a mile around, 211. Laws concerning, re-enacted in revisal of 1705, pa. 287. General court, to be composed of governor and council, 288. Oaths, prescribed by act of parliament to be taken, 288. Penalty for acting without, 288. Jurisdiction, 289. Oath of a judge of the general court, 290. Oath of such judge in chancery, 291. Writs to issue from secretary's office, be signed by clerk of general court, and there returned, 291. Process against a member of the council, 291. Against a sheriff, to be directed to the coroner, 292. Rules for issuing writs, &c. 292. How process shall be executed and returned, 292. Proviso, as to criminal cases, and breaches of the peace, 292. Criminal prosecutions, how returnable, 293. Days, in court, how calculated, 293. Bail, how to be returned, 294. Liability of bail, 294. How he may defend, 294. Liability of sheriff, 294. How discharged, 294. Executors and administrators of sheriff liable, 294. How bail or sheriff may defend,

294. Rules of proceeding, 295. Declaration, 296. Non-suit, 297. Costs on non-suit, 296. Pleas, 296. Duty of clerks, in preserving papers, 296. Land causes, 296. Justices and vestry-men may be sued jointly, 296. Orders of each day, to be drawn up, 296. Subpœnas, for witnesses, how to issue, 297. Depositions of witnesses, when to be taken, 297. Commissions for taking depositions, how obtained, 297. Witnesses refusing to depose, to be committed, 298. Affirmation of Quakers allowed, 298. Popish recusants, negroes, mulattoes, and Indian servants, and others not christians, incapable of being witnesses, 298. Penalty on witnesses failing to attend, 298. How excused for non-attendance, 298. Recognizance of, in criminal cases, to be taken, 299. Their allowance for attendance, 299. Only three to one fact, to be taxed, in bill of costs, 299. Appeals, from judgments and decrees of, 300. Rules as to assigning errors on appeals, 300, 301. Damages, on affirmance, 301. Days for appeals, 301. Supersedeas, 302. General and county courts to be courts of record, 302. Sheriff attending, may execute process in Williamsburg, and half a mile around, 303. Royal prerogative to erect other courts of record, not abridged by the act of 1705, establishing the general court, &c. 489. Or to receive appeals, from judgments of the general court, 490.

GLEBES

To be purchased for ministers, at expense of the parish, and a house built thereon, 152.

GOD.

Penalty for denying the being of, or the trinity, or to assert that there

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are more Gods than one, 168, 169, 358.

GOLD. −− See Coins.

GOODS

Imported by factors, to be deemed the goods of possessor, 381.

GOVERNOR.

Negative power of, in passing laws, contested by house of burgesses, 40. Ordered, by king James II. to dissolve the assembly, 41, and to appoint a clerk of the house of burgesses, 41. May raise men for defence of the country, in cases of emergency, 84. House to be built for, at Williamsburg, 285, 482. Dimensions and materials, 285. Fee of, for ordinary licence, 397. Fees for naturalization, 435, Fees, on marriages, 455. Further appropriations for building house for, 482.

GRAND JURIES

To present swearing, cursing, profaneness, sabbath-breaking, drunkenness, fornication, adultery, and lewdness, 74, 140. In county courts, when to be summoned, 368. How to make presentments, 368. Fine for not appearing, 368. Number of, 368. Penalty on court failing to order a grand jury, 368. On sheriff failing to summon, 368. In general court, may be composed of bye-standers, 368. Fine for not appearing, 369. How to make presentments, 369.

GUARDIANS

Must give good security, 376. Such security to be annually renewed, 375. Courts may remove orphans from, 375. Justice liable for insufficient security, 376. Security, how relieved, 376.

GUARDS

May be impressed by jailor, for criminals, 391.

GUILDS.

Merchant guilds, and community, 408.

HAMPTON

Town, established, 415.

Harrison.

Certain lands and slaves, of the estate of Benjamin Harrison, deceased, authorised to be sold by his administratrix, 537.

HEIR

Must account with other children for their proportion of slaves, 334. Not to account for lands, by descent, 372.

HEMP.

Proportion of flax and hemp, to be made by each tythable, 81. Penalty for neglect, 81. Certificate of making, how obtained, 81. Fines, how appropriated, 81.

HIGH SEAS.

Crimes committed on, to be inquired into and punished, as if committed on land, 178. Court of oyer and terminer, for trial of, how constituted, 178.

HIGH-WAYS. −− See Roads.

HOGS.

Mark for Indians' hogs of Nottoway and Weyonock, to be prescribed by Surry county court, 109. Penalty for receiving pork of an Indian, without being able to prove it to have been of the proper Indian mark, 109, 278. Laws against hog-stealing re-enacted in revisal of 1705, pa. 276. Indians' hogs, how to be marked, 278. Penalty for hunting, shooting, or killing unmarked hogs, on land of others, 279. If such be killed on his own land, or unpatented, notice to be given to a justice, 279.

HOG-STEALING.

Punishment of slaves for hog-stealing, 179. For the first offence, 179. For the second offence, 179.

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Laws concerning, re-enacted in revisal of 1705, pa. 276. Punishment for stealing any hog, shoat, or pig, 276, 277. Masters of servants or slaves offending, how far liable, 277. Punishment where there are several offenders, an but one offence, 277. Persons receiving hogs without ears, when deemed hog-stealer, 278. Indians' hogs, how to be marked, 278. Penalty for buying pork of an Indian, where proof of hogs' mark cannot be made, 278. Penalty for hunting, shooting, &c. unmarked hogs, on other's land, 279. If such be killed on his own, or unpatented, notice to be given to a justice, 279.

HORSES.

Penalty for suffering stoned horses of two years of age, and under 13 hands high, to run at large, 36. How such horses may be seized and disposed of, 36. Notice of such seizure to be given to owner, 37. How such horse may be regained by the owner, 37. Notorious for barking fruit trees, to be kept up by the owner, 70. Penalty for being suffered to run at large, 70, 71, 281.

HUNTING.

No person to go a hunting remote from the settlements, without a licence, 69. Shooting, hunting, &c. on lands of others prohibited, 328. When game may be pursued on lands of others, 238.

HUSTINGS.

Courts of, 407. Jurisdiction, 407.

IMPORTATION RIGHTS.

Fifty acres of land for each person coming into this country, free; also for servants, 304. Not to extend to transient person, 304. Mode of obtaining patents for, 305. Form of patents on, 308.

IMPOSITION

On liquors. −− See Duties.

IMPRESSMENT.

Power of impressment of provisions, carriages, artificers, &c. on invasions and insurrections, 363. Articles impressed, how appraised, 363. How paid for, 366.

IMPRISONMENT.

Limitation of actions for, 382. Further time allowed after reversal of judgment, 382. Saving to infants, &c. 383. Persons removing or concealing, 384.

INDIANS.

Regulations for trading with, 68. All former laws, limiting and restraining trade with, repealed, 69. Henceforth, a free and open trade with all Indians, at all times and places whatever, 69, 468. Two to be employed among the scouts and rangers, 83. Their pay, 84, 100. Boundaries of, on the south side of James River, explained, 85. Surveyor to mark the lines, 85. Giving intelligence, how to be dealt with, 100. Surry county court to assign marks for the hogs of the Nottoway and Weyonock Indians, 109. Penalty for receiving pork of an Indian, without being able to prove it to have been of the proper Indian mark, 109, 278. Rewards to, for killing wolves, 141, 142, 282. Declared incapable of bearing office, 251. Hogs belonging to, how to be marked, 278. Indian servants incapable of being witnesses, 298. Penalty for employing Indians to hunt on patented lands, 343. Gun, &c. of such, may be seized, 343. Persons sued may plead the general issue, and give the special matter in evidence, 343. Certain Indians excepted, 343. Laws concerning, re-enacted in revisal of

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1705, pa. 464. Tributary Indians disabled from conveying lands, 465. Penalty for taking conveyances from Indians, 465. Proviso, as to certain individuals, 466. Explanation of a clause in the articles of peace, 466. Tributary Indians protected by the laws, 467. May be licensed to oyster, fish, &c. 467. But shall not carry offensive weapons, 467. Shall give notice of approach of strange Indians, 467. Shall march with the English, 468. Free trade with all Indians, 468. Sale of rum, brandy, &c. prohibited in Indian towns, or on their lands, 468. Discoveries westward of the mountains, may be encouraged by charters of incorporation, 468.

INDICTMENT

Of slaves, 103, 269.

INFANTS,

Not entitled to vote at elections, 172, 238.

INFIDELITY,

How punished, 168, 169, 358, 359.

INQUEST.

On failure of conditions, on which lands were granted to settlers, on the frontiers, the lands to revert to the crown without inquest, 208.

INSOLVENTS.

How insolvent debtors may be discharged, 388.

INSURRECTIONS.

Power of governor to call out militia, in cases of invasions and insurrections, 362.

INTESTATES' ESTATES,

How distributed, 371. Advancements to children, how accounted for, 371. Heir at law not to account for land by descent, 372. Portions of children dying, how distributed, 372. Where no children, 372. Collaterals, how far estimated, 372. Where no wife,

372. Where only two children, what part must be bequeathed to the wife, 373. Where more than two children, 373. Wills otherwise made, void as to wife, 373. Rights of executors of wife dying before distribution, 373. Where widow of intestate dies before appraisment, 373. When distribution to be made, 373. Bond to indemnify, 373.

INVASIONS.

Power and duty of commanding officers of militia, on the frontiers, in case of invasions, 209. Power of governor to call out militia, in case of invasions and insurrections, 362.

IRON.

Export duty on, 63.

ISLE OF WIGHT.

Dividing lines between, and Prince George, Surry and Nansemond, settled, 480.

JAMES CITY

To elect one burgess, 236.

JOINTURE

When a bar of dower, 374.

JUDGMENT

On the trial of a slave, 103, 270. Limitation of action on, 146, 377. Not to extend to cases where the debtor removes out of the county, 146.

JURISDICTION

Of general court, 143, 289. Of crimes committed on the high seas, 178. Of courts of hustings, 407, 410. Of county courts, 507. Proviso, where the sum is reduced by discounts, 507.

JURORS.

Qualification of, in general court and county courts, 175, 176. No sheriff to summon any not qualified, 176. Sheriffs attending general court, may summon in Williamsburg, and half a mile around, 211.

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Pages 592-601

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