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INDEX

TO THE

FOURTH VOLUME

OF THE

Statutes at Large.

======




ABATEMENT.
Costs allowed, on over-ruling pleas in 324. When suit shall not abate by death 358.
ACCESSORIES
May be proceeded against, tho' the principal felon be not convict 272. Receivers of stolen goods, how punished 273.
ACCOUNT.
Action of, given against executors or administrators of bailiff or receiver, and by one joint tenant or tenant in common, against his companion 235.
ACTIONS.
Process and proceedings in real 402.
ADMINISTRATION.
What courts have jurisdiction, in granting 12, 13, 23, 24. Administration with the will annexed, when to be granted 13, 20. Heir at law, when to be summoned 13. Saving to infants, &c. 14. Administration of intestate' estates, when and how granted 14. Administration de bonis non, when granted 14. Effect of 15. Who entitled
to administration 15. −− Court may grant to any person, after 30 days 15. Consequence of a will being afterwards produced 16. Court may compel production of a will 16. Probats and administrations, how signed 16. Executors and administrators to take an oath 17. For of, 17. Bond, 18, 19. Form of, 19. How prosecuted 20. Inventories, how returned 21. Appraisements 21. Servants and slaves to be continued on plantation of decedent 21. Their crops assets 22. When to be delivered to heir 22. Executor or administrator not liable, for slave dying 22. When no appraisement necessary 22. How probats and administrations to issue, from general court 24. −− When court liable for taking insufficient security 24. Specific debts, how paid 24, 25. −− List of administrations, with names of executors, administrators, &c. to be returned to secretary's office 25.

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568

INDEX.


A

 A

ADMINISTRATORS.
See Administration, Executors, and Administrators.
AFFIRMATION.
Of Quakers allowed, to entitle to the reward for killing wolves 354.
Certain lands, of his estate to be sold, for payment of his debts 539.
ALLEN, JOHN
Certain entailed lands vested in 377.
ALIAS CAPIAS,
When it may issue 185.
AMENDMENT.
When plaintiff may amend his bill 189.
AMELIA
County, formed from Prince George and Brunswick 467. Court days 463.
ANDERSON, PAULIN
Fee-simple estate of certain entailed lands vested in 142.
ANSWER
In chancery, when to be filed 189. How sworn to 190 −− Insufficient, proceedings on 190. Hearing, on bill and answer 194.
APPEALS.
When grantable, to the general court 188.
APOTHECARIES.
Fees of regulated 509, 510. −−
APPRAISEMENTS.
Of decedents' estates, to be made by executors and administrators 21. Allowance of appraiser 21. When not necessary 22. Of impressed articles, how made 199. How decedents' estates appraised 282.
How far appraisement binding 282. Goods distrained for rent, how appraised 288.
APPRENTICES.
Children, of parents, unable or neglecting to support them, to be bound apprentices 212. Bound to serve out their time, notwithstanding their infancy 482.
ARMS.
Found in possession of slaves may be seized 131. Free negroes, housekeepers, may carry arms 131. Who may use arms 131.
ASSEMBLY.
See Burgesses' Elections.
ASSETS.
When crops of decedents are assets 22, 284.
ASSIGNMENT.
Of bonds and notes permitted 275. Assignee may sue in his own name 275. Discounts allowed 275.
ATTACHMENTS.
Process of, to compel an appearance in the general court 185. Attached effects repleviable 185. May be issued by justices, for sums under 20 shillings 194. If not replevied, judgment for the whole debt 191. Goods, how sole 194. −− Against tenants removing 485. Against absconding debtors, how executed 486.
ATTORNIES.
Fees of, in the general court and county courts 59. When to be taxed in the bill of costs 59, 422, 507. Sheriff may take engagement of, for appearance in the general court 183.

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569

INDEX.


A

 B

Penalty for failing to appear, according to engagement 184. −− Fees, in general court 187. −− Fees of, in the county courts 352. Not to practice without license 360. Licenses, how obtained 360. Oath of 361. −− May be suspended 361. When to pay costs 361. Proviso as to counsellors and barristers 362. No fees on petitions 427. Except in particular cases 486.
AUDITA QUERELA.
When sued out 158.
BAIL.
When engagement of attorney may be taken instead of 183. Appearance in such cases 184. Penalty on attorney failing to appear, according to engagement 184. Sheriff to return name of bail 184. Liability, for failing 184. Interlocutory judgment against sheriff and bail, how set aside 184. Any judge of general court, may take recognizance of 324.
BARHAM, CHARLES
Authorised to sell certain entailed lands 377.
BARNES, RICHARD
Certain lands in Richmond county, whereof William Wilson Homes, and Mary his wife are seized in fee tail vested in, in fee simple 378.
BASTARDS.
Fine on a woman for having a bastard 213. On failure of payment, to be whipt 213. −− Notice of bastard, to be given to churchwardens 213.
BEVERLEY, WILLIAM.
Certain lands in King William,
vested in him, in fee-simple 116.
BEVERLEY, HARRY.
Authorised to build a bridge over Dragon swamp 74.
BILL.
In chancery, when to be filed 189. Hearing, on bill and answer 191.
BILLS OF EXCHANGE.
Damages on protested 273. Only for 18 months 274. Of equal dignity with judgments 274. Damages heretofore 274. −− Debt may be maintained against drawers and endorsers 274.
BIRTHS.
Register of, to be kept 42. To be notified to minister or clerk within 30 days 42. Penalty, for neglect 44. Fees, of minister 44.
BLASPHEMY.
Triable, in the general court 245.
BLINCOE, JOHN,
Authorised to sell certain entailed lands 116.
BONDS.
When to be given by executors and administrators 17. For of 18, 19. Bonds and notes assignable 275. Action may be maintained in name of assignee 275. Taken on sale of decedents' estates may be assigned 283. Estate liable if obligor prove insolvent 283. −− Actions on, for performance of covenants, how to be 359. −− Judgments on bonds, how to be entered 359.
BOOK DEBTS.
Method of proving them 327,

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570

INDEX.


B

 C

328. Books of dead men evidence 328. But may be opposed by other evidence 328. Limitation 329.
BRAY, THOMAS,
Agreement between him and John Randolph confirmed 370. Enabled to sell certain entailed lands 378.
BRIBERY.
In relation to duties 146, 313.
BROKERAGE.
Rate of 295.
BRUNSWICK.
County formed 77. Boundaries 77. Appropriation for 78. −− Privileges of inhabitants 78. Parishes 78. Process from Prince George to run into, till a court is established 79. −−− Court days 79. Part of Surry and Isle of Wight added to 355. Boundaries 356.
BURGESSES'
Wages, payable in money 136. Absent members to receive no wages 278. Exception 279. −− When wages may be paid in money 279. Amount of wages 279. How drawn 279. Burgesses coming by water 279 −−− For Accomack and Northampton 280. Travelling expences, from new counties 280. Sheriffs disqualified from sitting in the house of 292. Burgesses exempted from serving as sheriffs 292. Penalty on persons disqualified, for sitting and voting 292. May be re-elected 293. Qualification of voters 475. Allowance to, from Easter Shore 523. Wages of 524. Conveyances, to qualify voters void 475. Penalty 475. What
residence necessary 476. −− Freeholders in towns may vote 470. Joint tenants, or tenants in common 476. Part of former law, repealed 476. Oath of elector 477. Penalty for perjury 477. Duty of sheriff and clerk, in taking the poll 478. Inspectors ineligible 481.
BURGES, CHARLES,
His executors authorised to sell his lands in Prince William and Spotsylvania 451.
BURNING.
Burning any tobacco house, warehouse, or storehouse, or any house where wheat, corn, or other grain is kept, or any other house whatsoever, felony without clergy 271.
BURWELL, LEWIS.
Entail of certain lands, of which he was siezed, docked 534.
BUTLER, PIERCE,
Fee simple of certain entailed lands vested in 142:
CAPIAS AD SATISFACIENDUM.
Writ of, how executed and returned 152. Form of 154. −− Return of 156.
CAROLINE.
County, formed from Essex, King William, and King and Queen 240. Court day altered 439.
CARTER, ROBERT.
Part of estate of, vested in Robert Carter, son and heir of Robert Carter the younger dec'd 454.
CARY, HENRY
Authorised to sell certain entailed lands in the county of Warwick, 307.

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571

INDEX.


C

 C

CATTLE.
On estate of ancestor to be preserved for the heir 283. −− When they may be sold 283. Heir to be accountable to younger children, for their proportion of appraised value 283.
CHALLENGE,
To jurors, for the crown, must shew cause 405.
CHANCERY.
Rules of practice in, in the general court 189.
CHARLES CITY.
County enlarged 94.
CHATTELS.
Slaves to pass as chattels 223.
CHURCH.
Provision for clergy 204. Salary of ministers 204. How levied, collected and paid 205, 206. Glebes to be provided 206, 207.
CHURCHWARDENS.
Their duty to present offences, against the act for suppression of vice, blasphemy, &c. 244. Saving the right of grand juries 245.
CLERGY.
Provision for 204. Salary 204. How levied, collected and paid 205, 206. Glebes to be provided 206, 207.
CLERGY, (Benefit of,)
To burn any tobacco house, warehouse, storehouse, or any house where wheat, corn or other grain is kept, or any other house whatsoever, felony without clergy 271. To break any warehouse, or storehouse, and steal over the value of 20 shillings 272. Stealing a slave
325. Acts of parliament, prior to 4 Jac. 1. taking away clergy, adopted 325. Clergy allowed to women 326. Reading not required 326. Negroes, &c. allowed clergy 326.
CLERKS.
Of county courts, their fees 64 to 72, 344 to 348, 412 to 416. Duty of clerk, in relation to memorials of conveyances 399. When to deliver their fees to sheriffs 421, 496 to 501. How fee bills to he made out 501.
COCKE, ABRAHAM,
Authorised to sell certain entailed lands 95.
COIN.
Rates of gold coin settled 51, 52. Counterfeiting, high treason 52. Exceptions out of this act 53. −− Not to affect royal prorogative 53. Silver coins, rates of 218. Penalty for refusing them, at those rates 219. Copper coins, rates of 219. Treason, to counterfeit 219. Exceptions, out of this act 220. Saving to the king, power to alter rates, by proclamation 220. Repeal of former acts 220. Gold cut, not to pass 220.
COLEMAN, RICHARD
Agreement between, and William, and Francis Thornton ton for exchange of entailed lands confirmed 378.
COLLECTORS.
See Duties.
Of duties, how appointed 147, 314, 470, 472. To pay duties to treasurer 148, 314. To account on oath 148, 315. Of parish levies 205. Their power

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572

INDEX.


C

 C

and duty 206, 207. May enter, and break open houses 316.
COLLEGE.
See William & Mary.
Of William and Mary, donation to 74, 430, 431, 432.
COMMISSIONS.
To examine witnesses 192.
CONSPIRACY.
In slaves, how punishable 126.
CONSTABLES.
Fees of 73, 350, 419. Exempted from payment of levies 170. Duty of in relation to tobacco seconds 241. To cut up slips and suckers 242. Altered 508. Penalty for neglect 242. Form of oath 242. Their allowance 243. Procecutions to be ordered by court 243. Fees of 504.
CONVEYANCES.
Former conveyances, bona fide made, valid, though not recorded 398. Hereafter, void against creditors, &c. if nor recorded 398. Memorials of, to be recorded in the secretary's office 399. Duty of clerks of court 399. Privy examination of femes covert, permitted out of court 400. To be recorded 401. to be recorded 401. Former examinations valid 401. Femes covert not bouud, if examinations be not recorded 401.
COPPER.
Rates of copper coin 219.
CORONERS.
Fees of 73, 350, 418, 503.
CORRECTION.
Slave dying under, the owner exempted from punishment 132, 133.
COSTS.
Security for, when demandable 196. Suit may be dismissed for want of 196. One defendant acquitted in trespass, to recover costs 357. When no more costs than damages recoverable 357. Defendant to recover costs, whenever judgment given for him, 358. Proviso, as to executors and administrators 358.
COUNCIL.
Controversies concerning entries for land, determinable before 352.
COUNSEL
To be allowed criminals 404.
COUNTERFEITING.
Coin made current, high treason 52, 219. Tobacco notes 265.
COUNTIES.
Spotsylvania, and Brunswick formed 77. −−− Boundaries of Spotsylvania 77. Boundaries of Brunswick 77. Appropriation for use of those counties 78. Privileges of inhabitants 78. Parishes 78. Inhabitants may employ foreign Protestant ministers 78. Process, from Essex, King and Queen, and King William to run into Spotsylvania, till a court is established in that county 78, 79, In like manner process from Prince George to run into Brunswick 79. Court days of Spotsylvania & Brunswick 79. Charles city county enlarged 94. Richmond county divided, and King George county formed 95. New Kent county divided and Hanover formed 95. −− Caroline formed from Essex, King

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573

INDEX.


C

 C

and Queen and King William 240. Henrico divided, and Goochland formed, 240. Prince William formed from Stafford and King George 303. Part of Surry and Isle of Wight added to Brunswick 355. −− Boundaries 356. Spotsylvania divided, and Orange formed 450. Boundaries 450. Court days, 450. Encouragement to settle beyond the Shenandoah river 450. Prince George divided and Amelia formed from that, & part of Brunswick 467.
COUNTY COURTS.
May establish ware-houses 33. Restriction, on their power 34. Allowance to witnesses, attending 193. Power over presentments 232. Allowance to witnesses attending, reduced 523.
COUNTY LEVY,
For the year 1732, pa. 370.
COURTS MARTIAL.
How constituted 123. Oaths of 125.
CRIMINALS.
Grand jury, at court of oyer and terminer, how summoned 403. Penalty for not appearing 403. Notice of commitment 404. −− Twelve jurors to be of the vicinage 404. Counsel to be allowed 404. Fines on jurors 404. Qualifications of jurors 404. No exception to, after sworn 405. Challenge for the crown must shew cause 405. Prosecutions of in Williamsburg, how expenses paid 447.
CROP
Tobacco, when and how transfer so made 388.
CROSS BILLS.
In chancery, practice on 190.
CROWS.
Act for destroying, in the Northern Neck, and on the Eastern Shore 446.
CUSTIS.
John, authorised to sell certain lands, for payment of the debts of Danl. Parke, his testator, 29.
DAMAGES.
On protested bills of exchange 274.
DEATHS.
Registry of, to be kept 43. −−− How certified 43, 44. Fees of minister 44.
DEBT.
May be maintained on promissory notes 275. Limitation 275. For rent, on leases 291.
DEBTORS.
See Insolvents.
Masters of vessels to take an oath, not to transport debtors, servants or slaves out of the state without a pass 176. Forging a pass, penalty for.
DECEDENTS' ESTATES.
Perishable goods to be sold 282. Slaves to be kept on plantation in occupation of decedent 284. Their crops assets 284.
DEER.
Not to be killed between certain periods 425. Penalty 425. −− On servants and slaves 425.
DEMURRER.
In chancery 191. Set down for argument 192. −− Over-ruled 192.
DISQUALIFICATION.
Of persons to sit in House of Burgesses 292.

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574

INDEX.


D

 D

DISCOUNTS.
To be allowed on trial 275. −−− Against assignees of bonds 275.
DISMEMBERING
Of slaves, when allowed 132.
DISTRESS.
For quit-rents 80. How dispoed of 80. Arms, horses, &c. of militia exempted from 121. When and how to be made for tabacco, due for levies, clerks' fees, &c. 256. For quit-rents 256. For rent 288. When goods, carried off the premises, may be distrained for rent 290. If not bona fide sold 290. Rent distrainable for, after expiration of lease 291. Proviso 291. Further proviso 291. No execution or distress for tobacco between certain periods 424. Executions and distresses, how levied 483. Goods may be sold on credit 483. Bonds how taken and returned 484. To have the force of judgments 484. Executions thereon 484. Executions and distresses for tobacco 484. Attachments, against tenants removing 485.
DOWER
Of slaves, may be demanded by bill in equity 227. How widow may renounce provision of her husband's will 228.
DRAGON SWAMP.
Harry Beverley authorised to build a bridge over 74.
DRAWBACK.
On liquors exported 146, 247, 314.
DUTIES.
Duty on wine and spirits imported 144, 311. On cider
beer and ale, 144. Exception as to liquors imported direct from Great Britain 144, 311. Entry, how to be made 144, 312. Penalty for landing, without entry 145, 312. Oath of importer 312. Wines, how entered 145, 312. Encouragement, to pay duties in money 145. Allowance, for leakage 145, 313. Penalty for false entry 146, 313. Power of collectors, where duties are not paid 146, 316. Bribery in officers, how punishable 146, 313. Drawback 146, 314. −− Oath of exporter 147, 316, 317. Encouragement to import money 147, 314. Collectors, how appointed 147, 315. Salary 147, 316. duties to be paid by collectors, to treasurer 148, 315, 316. Collectors and treasurer to account on oath 148, 316. Part of duty payable to trustees of college 148. Overplus, how appropriated 149. Houses may be broken, where duties are not paid 149. Liquors, how transported, from one district to another 149, 316, 317, 394. −− Former acts imposing, continued 276. −− When liquors forfeited 276. Where owner may make oath 277. Drawback 277. Virginia owners, only half duties 277. Encouragement to import money 277. Duty on slaves, imported 318. Various regulations for collecting 318 to 322. Act laying on liquors continued 393. On slaves, continued 394. On skins, furs, and liquors, for the benefit of

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575

INDEX.


D

 E

Wm. & Mary 431, 432. Duties payable on liquors imported by land 470. Entry, when to be made 470. Collectors appointed 470. Their duty and authority 470. Forfeitures appropriated 471. Allowance for leakage and money imported 471. Duty on slaves, how secured 471. Number of collectors 472. Duties, how recovered 473. Factors, when liable for duty 473. Treasurer may compound 473. Madeira wine, imported by governor exempt 474. Duties on liquors how recovered 474. −− Penalty on collectors, failing to account 474.
EASTERN SHORE.
Allowance to burgesses from, for their passage 523.
EATON, THOMAS
Lands given by, to charitable uses, how vested 306.
ELECTIONS.
Qualification of voters 475. −− Conveyances to qualify voters, void 475. Penalty 475. What residence necessary 476. Freeholders in towns may vote 476. Joint-tenants or tenants in common 476. Oath of elector 477. Penalty for perjury 477. Duty of sheriff and clerk in taking the poll 477.
ELEGIT.
Writ of, how executed and returned 152. For of 154. −− Return of 155. Not avoided, by omission of part of the lands 159.
EMANCIPATION
Of slaves, how effected 132.
EMBARGO
May be laid by governor and council 221. How enforced 221. Exceptions 222.
ENTRY.
See Duties.
ESCAPES.
When sheriff liable for 487. −− Prisoners, how turned over 487. Escape warrants, how executed 487. How returned 488. Where the escape was on mesne process 488. If charged with a criminal offence 489. Habeas corpus, how to issue 489. Escape warrants may be executed on Sunday 489. Prisoners, for debt, how discharge 489. Prisoners may be discharged for want of prison fees 490. −− Guard may be impressed by sheriffs 490.
ESCAPE WARRANTS.
How issued, executed and returned 163, 487. May be executed on Sunday 489.
ESTATES TAIL.
See Fee Tail.
EVIDENCE.
Punishment of slaves, for giving false 127. Charge to the witness 128. Of negroes, mulattoes and Indians not to be received, except on the trial of a slave 327. Book-debts, how proved 327, 328. Book of a dead person, evidence 328. But may be opposed by other evidence 328. Of Indians, how taken 405.
EXCEPTIONS.
To answer, when to be filed 190.
EXECUTIONS.
Arms, horses, &c. furnished by

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576

INDEX.


E

 E

militia, exempted from 121. For militia fines 124. Former laws authorising the debtor to redeem his body, by tendering property, and compelling the creditor to accept property, by appraisement repealed 151, 152. Writs of fieri facias, elegit, and capias ad satisfaciendum, how executed and returned 152. Teste and return 152. Form of a fieri facias in debt, case, trespass, and covenant 153, 154. Return of 155. −− Form of a capias ad satisfaciendum 154. Return of 156. Debtor dying in execution, the creditor may have a new execution against his estate 157. But not to affect lands bona fide sold by debtor 157. A new execution may issue, if the former be not returned executed 158. Judgment against several, execution to issue as against one 158. Audita querela 158. Infancy 158. Extent not avoided, by omission of part of the lands 159. Saving remedy, for contribution 159. No extent or contribution against infant heir 159. Property bound by delivery of writ 159, Officer to endorse time of delivery 160. Goods taken on fieri facias how sold 160. Notice of time and place of 160. Sale how made 160. Debtor may retain goods, on giving security 160. Goods to be restored, on tender of debt 160. Scire facias against sheriff failing to pay money levied
under execution 161. Venditioni exponas 161. Form of 161. Goods, how sold 161. Executions against persons removing themselves and their effects 162. Prison bounds, when allowed 162. Escape warrant, how issued, executed and returned 163. Fraudulent devises and conveyances, effect of 164. Alienations by heirs 164. Stat. of England, against fraudulent devises adopted 164. Insolvent debtors, how discharged 165. −− Oath of 165. Schedule of insolvent debtor 166. Estate of, how vested, & to be disposed of 166. Apparel and tools excepted 166. Prisoner how discharged 166. Sheriff indemnified 166. Exception 167. Property afterwards acquired, liable to execution 167. Prison fees of insolvents, how paid 167. Insolvent liable for fees 167. May be issued by justices, for sums under 20 shillings 194. Slaves not liable to, except under particular circumstances 224. Rent to be paid before execution satisfied 289. Proviso 290. −− Sheriff to levy for both 290. When made returnable 359. No execution for tobacco, between certain periods 424. On execution or distress, bond may be given, or the property sold on credit 424. Executions and distresses, how levied 483. Goods taken may be sold on credit 483. Bonds, how taken and returned 484. To have the

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577

INDEX.


E

 E

force of judgments 484. Executions thereon 484. Exceptions in this act 484. Executions for tobacco when to issue 484. Attachments against tenants removing 485.
EXECUTORS AND ADMINISTRATORS.
What courts have juridiction over 12, 13, 23, 24. Administration with the will annexed, when to be granted 13, 20. Heir at law when to be summoned 13. Saving to infants, and others under legal disabilities 14. Administration of intestates' estates, when and how granted 14. −− Administration de bonis non, when granted 14. Effect of probat and administrations 15. Who entitled to administer 15. −−− Court may grant administration to any person after 30 days 15. Consequence of a will being afterwards produced 16. Court may compel production of a will 16. Probats and administrations, how signed 16. Executors and administrators, to take an oath 17. Form of oath 17. Bond and security when to be given 17. Form of 18, 19. Bonds payable to justices 19. How prosecuted 20. Inventory to be returned to court, by executors and administrators 21. Appraisements, how made 21. Servants and slaves to be continued on plantation of decedent 21. −− Their crops assets 22. −− When slaves to be delivered to heir 22. Executor or administrator not liable for slave dying 22. When estate need not be
appraised 22. when no security required of executors 22. Power of executor before probat, not abridged 23. Wills to remain among records, where proved 23. When general court may grant probats 23. How to issue 24. When court liable for taking insufficient security 24. Debts contracted by testator, or intestate, payable in specific commodities, when to be converted into money by the court 24, 25. Lists of administrations, with names of executors and administrators, &c. to be returned to secretary's office 25. How far bound by appraisement of estates 282. To sell perishable goods. May asign bonds to legatees 283. Estate liable, if obligor prove insolvent 283. executors and administrators of executors and administrators liable as first testators or intestate 284. Actions of account may be maintained against 285. Allowance to, for disbursements 287.
EXIGENT.
Process of, when awarded 186.
EXPORTATION,
Of grain, prohibited, in time of scarcity 222.
FACTORS.
When liable for duties 473.
FALMOUTH.
Town of, established in King George 234.
FARRAR, WM. & THOMAS
Enabled to sell certain entailed lands 240.
FEES.
Of attorney in the general court and county courts 59. When

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578

INDEX.


F

 F

to be taxed in the bill of costs 59. Within what time fees distrainable 59. Table of fees to be set up 59, 350, 419. Of secretary 60 to 60, 341, to 344, 408, to 412. Of clerks of county courts 64 to 72, 344 to 348. Of sheriffs 72, 73, 348, 349. −− Of coroners 73, 350. Of constables 73, 350. Penalty for exceeding legal fees 74, 350, 420. Sheriff to collect 74. −− Of insolvent debtors, how paid 167. For runaways 171. Of attornies, in general court 187. Of inspectors 252. All fees, payable in tobacco notes 256 Fees, how collected 351. Summary proceedings against sheriffs for 352. Lawyer's fees, in county courts 352. Where payable in tobacco 386. Of secretary 408 to 412. Of clerks of county courts 412 to 416. −− Of sheriffs 417. Of coroners 418. Of surveyors 419. When fees to be delivered to sheriffs 421. Duty of sheriffs in collecting 421. When suit may be bro't for fees 421. When sheriff to account 421. How proceeded against 421. Lawyers' fees to be taxed 422. Allowances to witnesses 422. How paid 422. Of secretary 492 to 496. Of clerks of county courts 496 to 501. What fees not to be taxed 501. How fee bills to be made out 503. Of sheriffs 502 to 501. Of coroners 503. Of constables 504. Of surveyors 504. Tables of fees to be set up 504. Penalty for exacting more than legal 505. −− Limitation of prosecution
505. Fees, when to be put in hands of sheriffs 505. How collected and accounted for 506. When suit may be bro't for fees 506. Sheriffs when to account for 506. Lawyer's fees when to be taxed 507. −−
FELONY.
To forge or counterfeit tobacco notes 265. To burn any tobacco house, warehouse, or storehouse, or any house where wheat corn or other grain is kept or any other house whatsoever, felony, without clergy 271. To break any warehouse, or storehouse, and steal over the value of 20 shillings 272. Stealing a slave felony without clergy 325.
FEME COVERT.
Privy examination of, as to conveyances, out of court, permitted 400. To be recorded 401. Former examinations, valid 401. Not bound, if acknowledgment be not recorded 401.
FEE TAIL.
Slaves may be annexed to land, by tenant in tail 225. Slaves, annexed to lands, liable for debts 226. Proviso 226. Estate in, of less value than 200l. sterling, how conveyed 400. John Blincoe authorised to sell certain entailed lands 116. Entail of certain lands of which Lewis Burwell is seized, docked 534. Abraham Cocke authorised to sell certain entailed lands 95. William Manley authorised to sell certain entailed lands, in the county of Westmoreland 36/ Michael Megginsen

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579

INDEX.


F

 F

authorised to sell certain entailed lands, in the county of Glocester 75. Francis Smith authorised to convey certain entailed lands to John Spicer 117. Certain entailed lands vested in Charles Tomkies 457. Certain entailed lands in Gloucester and Elizabeth City docked, and vested in Henry Willis 461. Francis Yeates authorised to convey certain lands to John Tayloe 28. Fee-simple estate of certain entailed lands, vested in William Merriwether, and 5 negro slaves vested in Sarah Brechin 142. Fee-simple estate of certain entailed lands vested in Pierce Butler and Paulin Anderson, and other lands vested in Robert Stublefield in fee-tail 142. Title of Richard Randolph to certain entailed lands confirmed 181. William Farrar and Thomas Farrar enabled to sell certain entailed lands 240. −− Certain entailed lands vested in William Randolph, which were purchased by his father Thomas Randolph, of John Sutton Farrar 307. Title of Richard Randolph to certain entailed lands purchased of William Ligon confirmed 307. Henry Cary authorised to sell certain entailed lands, in the county of Warwick 307. Certain entailed lands in Westmoreland vested in George Turbenville, and other lands in Stafford, entitled to the same uses 307.
to John Frazer confirmed 308. Certain entailed lands vested in Thomas Turner 377: So, in John Allen 377. Charles Berham enabled to sell certain entailed lands 377. Certain entailed lands in Northampton vested in, Gertrude Harmanson 377. −− Certain lands, in Westmoreland, whereof George Weedon is seized in fee tail, vested in John Washington, in fee-simple 377. Agreement between Richard Coleman, William Thornton and Francis Thornton, for exchange of entailed lands confirmed 378. Certain lands in Richmond county, whereof William Wilson Homes, and Mary his wife are seized in fee-tail, vested in Richard Barnes, in fee-simple 378. Certain entailed lands confirmed in William Merriwether in fee simple 378. −− Thomas Bray enabled to sell certain entailed lands 378. −− Certain entailed lands confirmed to John Tayloe, in fee-simple 378. Certain entailed lands, in Essex, whereof William Lowry, and Mary his wife are seized, settled on the issue to the said Mary 379.
FERRIES.
Act for regulating (vol. 3, pa. 469,) continued 45. New ferries established, on Pamunkey, Mattapony, and Potomac rivers 92, 93. Keepers regulated by a former law 93. Boats for transportation of ferriage, for wheel carriages 94. New ferries established

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580

INDEX.


F

 F

over York, Rappahannock and Pamunkey rivers 112, 113. Keepers to be governed by former law 113. Rates for wheel carriages 114. Keepers of, exempted from payment of levies 170. New ferries established over Rappahannock, Northanna and Appomattox rivers 178. Rates of ferriage 179. New ones established over Appomattox, Nottoway, Rappahannock, and Potowmack rivers 362. Other ferries established 438. Former rated reduced 439 New ferries established 531.
FIERI FACIAS.
Writ of, how executed and returned 152. Form of 153. −− Return of 155.
FINES.
On the militia, for various offences 121, 122, 123, 124. How collected 124.
FORFEITURE.
Slaves, not liable to 223.
FORGERY.
Of tobacco notes 265.
FOX, JOHN
Title of, to certain lands formerly purchased of Pamunkey Indians confirmed 141.
FRAZER, JOHN
Sale of certain entailed lands, in King William, made by John Douglass to John Frazer confirmed 308.
FRAUDULENT DEVISES.
Statute of England, 3 Wm. and Mary, chap. 14, against, adopted 164.
FREDERICKSBURG.
Town of, established in Spotsylvania 234. Court of
Spotsylvania removed from Germanna to 364.
FRIVOLOUS & VEXATIOUS SUITS.
Act to prevent 357.
GAMING.
All notes, bills, bonds, securities, &c. for money won, or lent at gaming, void 214. −− Lands &c. mortgaged, or conveyed, on gaming considerations devolve on heir of grantor 214. Money won, may be recovered back by loser, within 3 months 215. Or, by any other and treble value 215. −− Defendant compellable to discover money won, on oath 216. On discovery, and re-payment discharged 216. Cheating at gaming, how punishable 216. Common gamblers to be bound to their good behaviour 217. What a breach of recognizance 217. Fighting at gaming, how punishable 218.
GENERAL COURT.
Process issuing from, to be returnable to the 1st or 17th days of the term 183. Writs to bear teste by the governor and signed by the clerk 183. How executed and returned 183. Bail, when engagement of an attorney may be taken instead of 183. Appearance, in such cases 184. Penalty on attorney failing to appear, according to engagement 184. Sheriff to return name of bail 184. Liability for failing 184. Interlocutory judgment against sheriff and bail, how set aside 184. Defendant in custody may plead to issue

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581

INDEX.


G

 G

185. Proceedings, no non est inventus 185. Attachment, or alias or pluries capias 185. Proceedings on attachments 185. Attached effects repleviable 185. Process of outlawry, 186. Exigent 186. Rules of practice, at common law 186. Declaration, when to be filed 186. Rule to plead and reply 186. When to be given 186. Notice of expiration of rule, to be given 187. Office judgments, when final 187. When writ of enquiry necessary 187. Issues, notice of trial 187. When dispensed with 187. Lawyers' fees, amount, and when taxed 187. Docketting causes 187. Special verdict, when to be argued 188. Cau- [Cause] not called, continued 188. Making up records 188. Witnesses' attendance 188. Appeals and supersedeas, when grantable 188. Rules of practice in chancery 189. Bill, when to be filed 189. Costs, on dismission 189. Amendments 189. Bill taken for confessed 189. Answer, when to be filed 189. Process of contempt 189. Costs on 189. Double costs 190. Appearance on subpœna 190. Answer, how sworn to 190. Cross bills, practice on 190. Insufficient answer, proceedings on 190. Costs of over-ruling 191. Second or third insufficient answer 191. Process, after insufficient answer 191. Insufficient answer, after process of contempt 191.
Rules to plead, reply &c. 191. Hearing, on bill and answer 191. Rejoinder 191. Replication 191. Plea or demurrer 191. Plea or demurrer set down for argument 192. Notice 192. −− Costs on plea or demurrer 192. Refusal to answer 192. Commissions 192. Witnesses aged, or infirm, or going beyond seas 192. Cause set down for hearing 192. Blasphemy, triable in 245. Any judge of the general court may take bail 224. How excepted to 224.
GERMANS.
Certain German protestants, in the county of Stafford, exempted from the payment of levies 306.
GLEBES.
In several parishes directed to be sold, and the money applied to other parochial uses 440. Vestries of St. John, in King William, and of Warwick, in Warwick, authorised to sell their glebe lands, and to purchase others 537.
GLOCESTER.
Town of, wooden chimnies not to be built therein 465.
GOLD.
Rates of gold coin, settled 51, 52. Cut gold not current 220.
GOOCHLAND
County, formed from Henrico, 240.
GOVERNOR
Exempted from duty, on Madeira wine imported 474.

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