Hening's Statutes at Large

Pages 592-601 ======

Volume Map

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INDEX.

QUAKERS.

Affirmation of, allowed in evidence, 298.

QUARANTINE,

Of widows, till dower assigned, 374.

QUARTERS.

Slaves doing damage, where no white overseer kept at, owner liable, 103, 460.

RANGERS.

Their appointment and duty, 18. Disbanded, 38. Again raised, consisting of a lieutenant, eleven soldiers, and two Indians 99, 100, 115, 119, 126.

RAPPAHANNOC

County, extinct, and Richmond and Essex formed from it, 104. Records of, transferred to Essex, 105. Proceeds of sale of town land, at Hob's Hole, to be equally divided between Richmond and Essex counties, 105.

RATES

Of taverns, 398. Penalty for exceeding legal rates, 399.

RECOGNIZANCE

Of witnesses in criminal cases to be taken, 299.

RECORD.

General and county courts to be courts of record, 302.

REFUGEES.

French, at Manakin town, formed into a distinct parish, 201, 478. Exempted from levies for seven years, 201. Further exemption, 478.

Fee of clerks for registering births, marriages, and burials, 153.

REPLEVIN.

Limitation of action of, 381, 382. Further time allowed after reversal of judgment, 382. Saving to infants, &c. 383. Persons removing or concealing, 384.

RETURNS

Of election of burgesses, how to be made, 242. Of process, when and how to be made, 248, 249. Of executions, how to be made, 387, 388.

REVENUE.

See, Duty, Levy, Taxes.
Act for raising a public revenue, 490. Duty of 2s. a hogshead on all tobacco exported, 344, 490. On tobacco in bulk, 344, 491. Although of the growth of another place, 344, 491. Duty on tonnage of vessels, 345, 491. Ships not to pay twice for the same voyage, 491. Method of measuring ships, 492. Duty of 6d. per poll on all passengers, servants, and slaves, 492. Penalty for short entry, 492. Duty to be paid to collectors, 493. Salary to collectors, 493. Allowance to masters of vessels, on payment of, 494. Privilege of Virginia owners, 494. Proof of property in ships, how made, 494.

REVISAL.

Committee appointed for revisal of the whole body of the laws, 181. Names of revisors, 181. What number to act, 181. Their clerk, 181. Powers of committee, 181. Revisal to be reported to assembly, 181. Assistants to committee, 182. Vacancies, how supplied, 182. Revisors, when and where to meet, 183, Power of adjournment, 183. Committee not discontinued by prorogation or dissolution of assembly, 183. Power of committee to send for MSS. and records relating to the first settlement of the country, 184. Penalty for refusing obedience to warrant of committee, 184. Present laws to remain in force till altered by act of assembly, 184. Bills reported by revisors, not to be of force till they have had their

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formal readings in the assembly, 184. Assembly may alter or reject bills reported by revisors, 185. Compensation to revisors, 185. Alteration in the number of the committee empowered to act, 201.

RICHMOND

County formed from Rappahannoc, 104. Boundaries, 104. Court days, 104.

RIVERS AND CREEKS.

Penalty for casting ballast in, 353. For casting dead bodies into, 354. Penalty for falling trees into, 395.

ROADS.

Road to be laid out and cleared from a point above the inhabitants on the north side James river to a place above inhabitants, on Rappahannoc river, 85. Public roads, how and where established, 392. Penalty for obstructing, 392. May be altered, 393. Who to work on, 393. Penalty for refusal, 393. How excused, 393. Penalty on surveyors of roads for neglect of duty, 393. Duty of surveyors, 393. Bridges, how erected, 394. Roads to houses to be made, 394. Public landings, what deemed, 394. Surveyors of roads, when appointed, 394. Penalty for falling trees into rivers and creeks, 395. Weirs, when to be removed, 395.

RUNAWAYS.

Act of 8th September, 1663, concerning, repealed, 12. Act of October 1670, continued and amended, 28. Certificate for apprehending, 29. Servants to reimburse expences of, 29. Forging or stealing certificates, how punishable, 455. Runaway hired on a forged certificate, 455. Reward for taking up runaways, 455. To be sent from constable to constable, and whipt, 456. How transported over the bay, 457. Sheriff's fee, 457. Penalty

on sheriff for suffering to work, 457. Or suffering escapes, 458. Runaway servants to repay all expenses, 458. Expenses to be settled by courts, 458.

SABBATH

To be kept holy, 73, 138. No meetings, assemblies, or concourse of people, out of their own parishes, or travelling permitted on, 73. Penalty, 73. Process executed on Sunday, void, 248. Penalty for working or travelling on, 361.

SAILORS.

Penalty on ordinary keepers for selling liquors to, on credit, 400. Or without leave, 400. Runaway, how taken up and conveyed back, 486. Duty of constables, 486. Certificates to taker-up, 487. Reward to taker-up, 487. Form of certificates, 487. Where ship has sailed, how runaway to be dealt with, 487. Expenses, how reimbursed, 488. Rewards, how paid, 488. Penalty for suffering escapes, 488. On ordinary-keepers for entertaining or concealing, 488.

SALT,

Where entered, 405.

SCOUTS,

Their appointment and duty, 18. Disbanded, 18. Again raised, consisting of one lieutenant, eleven soldiers, and two Indians, 83. Continued, 99, 100, 115, 119, 126.

SCRIPTURES.

Penalty for denying the scriptures to be of divine authority, 168, 169, 358.

SEA. −− See High Seas.

SEAMEN. −− See Sailors.

SEATING AND PLANTING.

What shall constitute, 313. Proviso, as to swamps, &c. 313. No double patents to avail without, 314. Lands not seated and planted within three years, lost, 314.

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SECONDS.

Act of March 166½, against tending, declared in force, 33. Penalty for violating that law, 34. Penalty for tending seconds, 435.

SECRETARY

To appoint deputies for granting passes to leave the country, 273. To register all passes granted, 274. Writs from general court to issue from his office, 291.

SECURITY

For costs, when to be given, 384.

SEPTEMBER,

Anciently written "7 ber," or seventh month; computing from the 25th of March as the 1st month, 50, note (a).

SERVANTS

To reimburse expences of apprehending them, when runaway, 29. Bastard children of white woman by negro or mulatto, to be bound as servants, till 30 years of age, 87. Servant woman thus having a bastard, to be sold for 5 years, after expiration of her time, 37. How punished, for killing deer at unseasonable time, 180. Duty laid on towards building a capitol, 193. No servant or negro to be put on shore till entry made, and duty paid, 193. Penalty for false entry, 194. For bribery, 194. Acts laying duties on liquors, servants and slaves continued, 212. Ages of children, servants, to be adjudged, or deemed immediately tithable, 259. Penalty on masters of vessels, for carrying servant out of the country, 271. Hog-stealers, masters liable for, to be re-imbursed, by servant, 277. Duty on, 346, 492. Penalty on ordinary-keeper, for selling liquors to, without leave, 400. Where entered, 405. Penalty on, for marrying 444. Act concerning servants and slaves,

revisal of, 1705, pa. 447. How long servants shall serve, 447. To have their ages adjudged, by the court, 447. Duty of masters to servants, 448. Restriction, as to correction, 448. Complaints of servants, how redressed, 448. Remedy on second compliant, 449. Sick and disabled, how provided for, 449. Servants' wages, how recovered, 449. Who disabled from purchasing servants, 449. Or intermarrying with, 450. Contracts of masters with, void, unless approved in court, 450. Contracts of masters with, void, unless approved in court, 450. Property of, in goods, 450. Sick, not to be discharged, 450. Freedom dues, 451. Penalty on servants resisting their masters, 451. Penalty for dealing with servants or slaves, without leave of their owners, 451. Punishment by stripes, 452. Servants may be whipt, in lieu of fines, for breaches of penal laws, 452. Women servants, having bastards, how long to serve, 452. Duty of reputed father, 452. Master getting his servant with child, 453. Women servants, having bastards, by negroes, how long to serve, 453. Or, free woman, 453. How long the child to be bound, 453. Freedom of servants, to be recorded, 454. Penalty for entertaining them without certificate, 454. Runaways forging or stealing certificates, 455. Runaways hired on a forged certificate, 455. Reward for taking up runaways, 455. Runaways to be sent from constable, and whipt, 457. How transported over the bay, 457. Sheriff's fees, 457. Runaways crossing the bay, 457. Penalty on sheriffs suffering runaways to escape, 458. Runaways to repay all expences, 458. Runaway servant may give security to repay expences, 459. Punishment

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of servants, for killing deer at unseasonable times, 462, 433.

SETTLEMENT RIGHTS

How acquired, on the frontiers, 205, 206, 207, 208. See Frontiers.

SHERIFFS

To receive no other fees than those presented by law, 44. Certain laws limitting the time of demanding debts, extended to sheriffs, and collectors, 47, 48. Sheriff, seizing more tobacco than is due, to make immediate payment of the overplus, 48. Not to seize tobacco paid away, and marked, if other merchantable tobacco be offered, 48. Sheriffs and collectors annually to lay an account of their collections before the court specifying the quantity and quality of the tobacco received, and of whom, 48. Courts to examine the accounts in the presence of the creditors, and apportion the tobacco among them, 49. Penalty on sheriffs and collectors, for converting any tobacco, collected by them, to their own use, 49. Provided that they may discount with creditors, for the amount of their public dues, 459, and provided also, that they shall be liable for all tobacco, paid to creditors, which, within 10 days thereafter, appear to be rotten, 49, 50. Attending general court, may summon jurors and witnesses in Williamsburg, and half a mile around, 211. Duty of, in relation to the election of burgesses, 241, 242. Acts prescribing method of appointing sheriffs, and declaring their duty, re-enacted in revisal of 1705, pa. 246. Sheriffs, when and how recommended and commissioned, 246. How long to continue in office, 247. None but justices to be sheriffs, and for two years only,

247. Sheriff to give bond and security, 247. Sheriff, by himself, or deputy, to execute and return process, 247. Return days, 248. Penalty for failing, 248. For a false return, 248. Process, executed on Sunday, or at musters, or elections, void, 248. Except as to treason, felony, breaches of the peace, or escapes, 248. Obligations, how to be taken by sheriffs, 249. Returns to be according to truth of the case, 249. Attachment, for non-appearance, 249. Non est inventus, when to be returned, 250. Writ against a non-resident of a county, to abate by return, 250. Fees for public services, 263. To be collectors of public and county levies, 264. Must give bond, for collection, 264. On refusal, any other collector may be appointed, 264. When tobacco paid away, and marked, may not be seized, 265. To account for surplus tobacco seized immediately, 265. Judgment against, on behalf of county creditors, how obtained, 266. Process against, to be directed to the coroner, 292. Liability of sheriff, for not returning bail, in the general court, 294. How discharged, 294. Executors and adm'rs of, liable, 294. How bail and sheriff may defend, 294. Remedy of bail and sheriff, by attachment, 295. Sheriffs, attending the general court, may execute process in Williamsburg, and half a mile around, 303. −− When administration of intestates' estates committed to, 374. Fees of, for removing criminals, and their diet, 392. Fees, for apprehending and conveying runaways, 457. Penalty for suffering them to work, 457. Or suffering

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them to escape, 458. Penalty for refusing the office of sheriff, 498. Court failing to nominate, the governor may commission a sheriff, 499. Sheriff dying how a successor appointed, 499. Penalty for refusing to accept, 500. Persons thus appointed, how long to continue, 500. Where the fines shall have been once paid, 500. When the party cannot give security, 500. Limitation of act, 501. Process against, 510.

SHOAT.

Penalty, for stealing, 276.

SHOEMAKERS,

Their duty prescribed, in working up leather, 76. Must use good thread, well twisted and waxed, 76. Penalties, for violations of the law, 79, 80.

SILVER −− See Coins.

SKINS.

Duty on, exported, 63. Duty on, for support of college of William and Mary, 356, 357.

SLANDER.

Limitation of actions for, 382. Further time allowed after reversal of judgment, 382. When no more costs than damages, 383. Saving to infants, &c. 383. Persons removing or concealing, 384.

SLAVES.

Outlying negroes, mulattoes, or other slaves how apprehended, 86, 460. Sheriff may raise forces to take them, 86. If they resist, run away or refuse to surrender may be killed, 86. The price (4000 lbs. of tobacco) to be paid by the public, 86. White man or woman, bond or free, intermarrying with a negro mulato or Indian, to be banished forever, 87. White woman having a bastard, by a negro or mulatto, to pay 15l. sterling; and in default of payment to be sold

for five years, 87. Such bastard child to be bound, till 30 years of age, 87. Not to be emancipated, unless the person emancipating, pay for their transportation out of the country within 6 months, 87. Penalty, to be applied towards the expenses of transportation, 88. Committing capital offences, how tried and punished, 102, 269. To be committed to jail of the county, 102, 269. Sheriff to give notice to Governor, 102, 269. Governor to issue commissioner of oyer and terminer, to such persons as he shall think fit, 102, 269. Slave to be arraigned and indicted, 103, 269. Mode of trial, evidence, judgment and execution, 103, 269, 270. Value of slave condemned to be paid by public. Horses, cattle and hogs, marked with the mark of a slave, to be converted by owner to his use, otherwise forfeited, 103. Altered, 460. Damage done by slaves at a quarter, where no white overseer, to be paid by owner of the slaves, 103, 460. Children bond or free according to the condition of their mother, 140, 460. Same law vol. 2, pa. 170. Slaves guilty of hog-stealing, how punished, 179, 277. How punished for killing deer at unseasonable times, 180. Duty on servants, and slaves, towards building a capitol, 193. No servant or negro to be put on shore till entry made and duty paid, 193. Penalty for false entry, 194. For bribery, 194. Billy an outlying negro, attainted, 210. Acts laying duties, on liquors, servants and slaves, continued, 212. Re-enacted, 229, 233. Penalty on masters of vessels, for carrying slaves out of the country, 271. Hog-stealers, how punishable, 277. Slaves declared

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real estate, 333. Proviso, as to merchants and factors, 333. May be taken in execution, 334. Not escheatable, 334. Transfer of slaves, need not be recorded, 334. Possession of, not to give a right to vote, 334. Recoverable by personal action, 334. Writs of partition, and of dower, may be prosecuted for, 334. Heir at law, to account with other children for their proportion of appraised value, 334. Widow sending dower slaves out of the state, forfeits her right, 335. Husband of such, equally liable, 335. Duty on, 346, 492. Where entered, 405. Who shall be deemed slaves, 447. Penalty for importing and selling free persons as slaves, 448. Being in England, no discharge from slavery, 448. Penalty for dealing with, 451. Runaways, how dealt with, 455, 456, 457. Penalty for permitting slaves of others to remain on a plantation, 458. Killing slaves under correction, no felony, 459. Penalty on slave resisting a white person, 459. Guns, powder, and shot found in possession of slaves, 459. Passes, 459. Horses, cattle or hogs, found in possession of slaves, may be seized, 459, 460. Owners of slaves at a quarter, where no christian overseer, liable for trespasses done by them, 460. Baptism of slaves, no exemption from bondage, 460. Outlying slaves, how apprehended, 460. When they may be killed, 460. When they may be dismembered, 461. Value of slave killed, to be paid by the public, 461. Court of claims to certify value, 461. Act concerning to be registered in each parish and read, 461. Punishment of slaves for killing deer at unseasonable times,

462. Negro Will emancipated, as a reward for having discovered a conspiracy, 536.

STOCKS

To be erected, in each county, 267. Penalty on justices, for neglect, 267.

STRAYS.

Strays, taken up, how to be advertised, 275. Reward, 275. Penalty for failing to advertise, 275. When the property shall vest in taker up, 276.

SUBPŒNAS

For witnesses, how to issue, from the General Court, 279.

SUFFRAGE,

Right of, declared, 26, 172, 238. None but freeholders to vote for burgesses 172, 238. No woman, infant, or Popish recusant entitled to vote, 172, 238.

SUNKEN GROUNDS,

Not to be forfeited, for want of seating, 101. How taken up 307, 527.

SUPERSEDEAS.

How obtained, 302.

SURGEONS.

So much of act 92, of March 166½ as authorises a person, disputing their accounts, to arrest them, repealed, 103. Allowed 100 per cent. on their medicines, 103. Court to allow for visits and attendance, 104.

SURPLUS

Lands, not forfeited, for want of seating, 101. New patents for surplus lands, how obtained, 313, 513, 528.

SURRY.

Dividing lines between, and Prince George, Isle of Wight and Nansemond settled, 480.

SURVEYS

On importation rights, how to be made, 305. On composition rights, 305.

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SURVEYORS, of Lands.

To lay out, and mark the boundaries of the Indians, on the south side James river, 85. Not to survey lands, without those bounds, 85. To lay out a road from a point above the inhabitants on the North side James river, to a place above the inhabitants on the Rappahannock river, 85. No surveys to be made above that road for three years, 85. Laws concerning, re-enacted in revisal of 1705, pa. 329. All surveyors to be sworn, 329. Penalty for refusing to be sworn, 329. To mark and bound lands, 329. When to deliver plats, 330. Their fees, 330. Penalty for exceeding legal fees, 330. Chain-carriers to be sworn, 330. Entries, when to be surveyed, 331. Plats, and surveys to be entered in books, 331. Penalty for failure, 331. Inspectors of surveyors' books to be appointed, 332. On the death of a surveyor, how his books to be disposed of, 332. Fees for surveying lots in town, 332.

SURVEYORS, of Roads.

Duty of, 393. Penalty for neglect, 393. When and how appointed, 394.

SWAMPS,

How taken up, 307, 527. Not necessary to be seated, 313.

SWEARING.

Penalty, for profane, 72, 138, 170, 359.

TANNERS.

Their duty prescribed, as to using lime in their leather, 75.

TAPPAHANNOCK

Town, established, 416.

TAR.

Size of barrels for, 148. Penalty for filling up barrels with unmerchantable pitch or tar, 149. Acts

concerning, re-enacted, in revisal of, 1705, pa. 254, &c.

TAVERNS.

See Ordinaries.

TAXES,

For the year 1686, pa. 25, pa. 39; for 1691, pa. 96; for 1692, pa. 106; for 1693, pa. 117; for 1694, pa. 124; for 1695, pa. 135; for 1696, pa. 164; for 1697, pa. 166; for 1699, pa. 199; for 1700, pa. 202. For 1705, pa. 481. for 1710, pa. 535.

TENDER.

Disclaimer and tender of amends in trespass, 382. Tender of property, to relieve the body taken in execution, 388.

TIPPLING HOUSES.

See Ordinaries.
Further restraint of, 534, 435. Penalty for retailing liquors in booths, harbours, &c. 535.

TITHABLES.

Acts concerning, re-enacted in revisal of, 1705, pa. 258. Who shall be deemed tithables, 258. Ages of children, servants or free imported, to be adjudged, or deemed immediately tithable, 259. Lists of tithables, how taken and returned, 259. When, and by whom to be delivered, 260. Penalty for concealing, 260. Further time allowed in certain cases, 260.

TOBACCO.

Treason, unlawfully to assemble to cut up tobacco plants, 11, 12. All hogsheads for, to be branded, 31. Penalty for not branding, or putting a false weight on, 32. For packing in casks not truly branded, 32. Purchasers to take tobacco, at the tare marked on the casks, 33. Allowance for cask, 33. Courts to allow for variation in weights, 33. No seconds or

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slips to be tended, 34. Provision against making trash tobacco, 34. No tobacco to be planted or replanted after the last day of June, 35. Penalty for shipping tobacco stalks, 35. Certain laws limiting the time of demanding, extended to sheriffs and collectors, 47, 48. Sheriffs, &c. seizing more than is due, to make immediate payment of the overplus, 48. Tobacco paid away and marked, not to be seized, if other merchantable tobacco be tendered, 48. Sheriffs and collectors annually to lay an account of their collections before the court, specifying the quantity and quality of the tobacco collected and of whom, 48. Courts to examine the accounts in presence of the several creditors, and apportion the tobacco among them, 49. Penalty on sheriffs and collectors, for converting any tobaccoes collected by them to their own use, 49. Provided that they may discount with creditors, for the amount of their public dues, 49; and provided also, that they shall be liable for all tobaccoes paid to creditors, which, within 10 days thereafter, appeared to be rotten, 49, 50. Tares of Tobacco hogshead regulated, 51. Casks how to be branded, 51. To be made of dry and seasoned timber, 52. Thickness of staves, 52. Penalty on coopers, for working timber, not fallen and hewed three months, 52. Penalty for paying away tobacco, in casks, not made according to law, 52. An allowance to be made for the hogshead, although the bond, or specialty be for tobacco and cask, 52. Not to extend to debts previously contracted, 53. From what places to be exported, 60. Frauds, in exportation of, how prevented, 60. Acts

prohibiting the planting or replanting of tobacco, after the last day of June repealed; and liberty given to plant at any time, 142. Not to be brought from Carolina, or other parts, without the capes, on pain of forfeiture, 253. When paid away and marked, not to be seized, for levies, if other tobacco be tendered, 265. Surplus of hogshead seized, to be immediately accounted for, 265. Duty of 2 shillings a hogshead, on tobacco exported, 344, 490. On tobacco in bulk, 344, 490, 491. To extend to all tobacco absolutely the growth of another place, 344, 491. Laws concerning, re-enacted in revisal of 1705, pa. 435. Penalty for tending seconds, 436. On overseer, 436. Penalty for exposing tobacco to sale, deceitfully packed, 436. Viewers, when and how appointed, 436. Allowance, per cent. for bad tobacco, dirt, &c. 436. Tender of Tobacco in payment, 437. Allowance to viewers, 437. Size and quality of tobacco casks, 437. Coopers to be sworn, 437. Others making tobacco hogsheads, to be sworn, 438. Penalty for setting up tobacco hogsheads contrary to law, 438. Fines appropriated, 438. Allowance for moisture, 439. Allowance for cask, 439. Proviso, as to rents, 439. Allowance by public collectors, 439. Masters of vessels, before entry to give bond, not to injure tobacco taken on freight, 496. Penalty on naval officers, for neglect of duty, 496. On mariners injuring tobacco, 497. Defendant may be held to bail, 497. Mariners may give evidence, 497. Ship may be searched, 497.

TOLERATION.

Provisions of toleration act, of 1 William and Mary, adopted in relation

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to Protestant dissenters, 171, 360.

TOLL.

What toll may be taken by millers, 402.

TONNAGE.

Duties on, 345, 491. Port duties, to be paid but once, 345. Rules for ascertaining duties on tonnage, 345, 492.

TOWNS. −− See Ports.

Where established, 58, 59. Act for establishing, suspended, 108. Purchasers, in towns, under act for ports, confirmed in their titles, 186. Rights of counties in such lands, 187. Act for establishing Ports and Towns, 404. Ports of entry and landing, 404. Servants, slaves, and salt, where entered, 405. Goods exported, 405. Townships or burghs, 405. No goods, except servants, slaves, and salt, to be sold on board vessels, 406. Privilege of inhabitants of towns, in relation to duties, 406. Further privileges, 406. Their privileges as to military duty, 407. Court of hustings, 407. Jurisdiction of, 407. Fines to the use of the town, 407. Wh deemed inhabitants, 407. Free burghs, 408. Markets, 408. Fairs, 408. Merchant guilds, 408. Benchers, 408. How chosen, 408. Vacancies how supplied, 408. Director, 408. Provisions to be sold in market only, 409. Courts, how constituted, 409. Common seal, 409. Jurisdiction, 409. Appeal, 409. Executions, 410. Proviso, as to jurisdiction of county courts, 410. Jurisdiction of petty offences, 410. Court to be called Hustings, 410. Town clerk, cryer and constables, 410. Director and benchers, their powers, 410. Oath of bencher, 411. Director and benchers, a body corporate, 411. Feoffees of towns to tranfer their

rights to director and benchers, 412. Tenure of lands so transferred, 412. Brethren and assistants, when to be appointed, 412. Common seal, 412. Jurisdiction, 412. Proviso as to the obligation of statutes, 413. Common council, or brethren assistants, how elected, 413. Oaths 413. Oath of an assistant, 413. When a burgh entitled to send a burgess to the general assembly, 414. Rates of storage on ware-houses, 414. Penalty for exceeding legal rates, 413. Names of towns established, 415. Proviso, as to inhabitants of Williamsburg, 415. Fifty acres of land to be laid out for a town, at each place appointed, 415. Names of burghs, 416, 417. Former town lands appropriated, 417. Tenure, 418. Conditions of building, 418. Surveyors' fees, 418. Titles to town lands, confirmed, 432.

TRANSPORTATION.

No negro or mulatto to be set free, unless the person freeing them, pay for their transportation within six months, 87. Penalty to be applied towards the expenses of transportation, 88.

TREASON.

Unlawfully to assemble to cut up tobacco plants, treason, 11, 12. Process for, may be executed at any time, 248.

TREASURER.

Allowance to, out of duties, 66. Collectors to pay amount of duties to, 92. Appointed by act of assembly, 92, 197, 476, 495. Wh appointed, 93, 198, 477, 495. His power and duties, 93, 198, 477. To give bond and security, 93, 198, 477. His salary, 93, 198, 477. Vacancy, how supplied, 477, 495.

TRESPASS.

Limitation of action of, 381. Further

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time allowed after reversal of judgment, 382. Disclaimer and tender of amends, 382. Saving to infants, &c. 383. Persons removing or concealing, 384.

TRESPASSES

By unruly horses, how redressed, 279, 280, 281. For taking boats and canoes, 281.

TRINITY.

Penalty for denying, 168, 169, 358.

TROVER.

Limitation of action of, 381. Further time allowed after reversal of judgment, 382. Saving to infants, c. 383. Persons removing or concealing, 384.

VENIRE.

For criminal causes, how summoned, 269.

VESTRY

To appoint collectors, who may make distresses for ministers' salary, 152. To purchase a glebe at the expense of the parish, and build a house for the minister, 152. Actions against, 296, 411.

VIEWERS

Of tobacco, when and how to be appointed, 436. Allowance to, 437.

VIRGINIA

Called "Ancient Dominion," 181.

VIRGINIAN OWNERS,

Privilege of, 347. Who shall be deemed, 348. To pay half fees to collectors and naval officers only, 352, 494.

WAIFS.

Boats adrift, taken up, how advertised, 275. Reward, 275. Penalty for failing to advertise, 275. When the property shall vest in taker up, 276.

WEIGHTS & MEASURES

Sealed, to be alone used by ordinary keepers, 395. Sealed measures to be kept by millers, 403.

WEIRS,

When to be removed, 395.

WHIPPING-POST

To be erected in each county, 267. Penalty on justices for failure, 267.

WIFE,

How her estate in lands may pass, by joining her husband in a deed, 319, 517. What portion the husband must bequeath to his wife, 373.

WILL.

Negro Will emancipated for having discovered a conspiracy, 536.

WILLIAM AND MARY

College to be erected at Middle Plantation, (now Williamsburg,) 122. Duties, customs, and imposts on hides and skins, for support of, 123. How collected and accounted for, 123, 124. Form of a return for a burgess of, 241. Duties on skins and furs for support of, 356, 357. Account of the reign of William and Mary, 137 −− Note.

WILLIAMSBURG.

Act for building the capitol and the city of Williamsburg, 197, 419. Sheriffs attending general court may summon jurors and witnesses in, and half a mile around, 211. Sheriff attending general court, may execute process in Williamsburg, and half a mile around, 211. Sheriff attending general court, may execute process in Williamsburg, and half a mile around, 303. Constables of Bruton parish may act in Williamsburg, 303. Former act for building, re-enacted, 419. Williamsburg to be built at Middle Plantation, 419. Ground appropriated, 419. Capitol, 420. To what uses appropriated, 421. Committee for revisal of the laws, to superintend the building, 421. Materials, 421. Money appropriated, 421. Town established, 422. To be called Williamsburg, in honour of king William, 422. queen's road, 422. Queen Mary's port, 423. Princess road, 423. Princess

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612

INDEX.

Ann port, 423. Size of lots, 423. Streets and building, 423. Property in land, how acquired, 424. Trustees appointed, 425. Sales by them, 325. Condition of building, 425. Proprietors of land, how paid, 426. Trustees to account, 436. Vacancies in trustees, how supplied, 426. Size of lots at ports, 427. Common, 427. Power of incorporating inhabitants, 427. Their capacity, 427. Directors, 428. Markets and fairs, 428. When lots to be sold, 428. Former law confirmed, 428. Encouragement to build on Duke of Gloucester street, 429. On other streets, 429. Lots when to be inclosed, 430. Proviso, 430. Saving to B. Harrison, 430. Other directors, 431. Main, or Duke of Gloucester street, not to be altered, 431. Vacancies n directors, how supplied, 431.

WITNESSES.

Fine to the king, and damages to the party, on non-appearance of witnesses, according to summons, 144. At the general court, 144. At the county courts, 144. For failing to appear, according to subpœna to give their depositions, 145. Sheriffs attending general court, may summon in Williamsburg, and half a mile around, 211. Subpœnas for witnesses, how to issue, 297. Depositions, when to be taken, 297. Commissions, how obtained, 297. Refusing to depose, to be committed, 298. Affirmation of Quakers allowed, 298. Popish recusants, negroes, mulattoes, Indian servants, and others not christians, incapable of being witnesses failing to attend, 298. How excused for non-attendance, 298. Recognizance of, in criminal cases

to be taken, 299. Witnesses privileged from arrests, 299. Their allowance for travelling and attendance, 299. Only three to one fact to be taxed in bill of costs, 299. How summoned for criminals, 391. How summoned in county courts, 512 Commissions to take depositions, de bene esse, how to issue, 512. Penalty on witnesses failing to appear, 513.

WOLVES.

Reward for killing, 43, 282. What proof necessary to entitle to reward, 43, 283. Rewards to Indians for killing, 141, 282. What proof necessary, 141. Wolf to be killed in the county where the claim is made, 142. Laws giving a reward for killing wolves, re-enacted in revisal of 1705, pa. 282. County courts to levy rewards, 282. Proof how made, 283. Justices authorised to grant certificates, 283. Mode of proof, 283. Frauds, how detected, 283.

WOMAN.

No woman, either single or married entitled to vote at elections of burgesses, 172, 238.

WOOL,

Export duty on, 63.

WOOLLEN.

Act encouraging manufacture of, repealed, 16.

WRITS

For election of burgesses, how issued and executed, 236, 237. Issuing from the general court, how tested and returned, 291. Against a non-resident of a county to abate by return, 250.

WRIT OF RIGHT.

Limitation of, 324, 521.

YORK.

Limitation of York county to be held at York town, 147. Court-house to be built, 147.

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Volume Map

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