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INDEX.


G

H

GRAIN.
Exportation of, prohibited in time of scarcity 222.
GRAND JURIES.
Power of, in presentments, for offences against penal laws 232, 245. For trial of criminals, how summoned 403. −− Penalty for not appearing 403.
GUARD
May be impressed by Sheriffs 490.
GUARDIANS
To give security for payment of quitrents 31. Guardianship of children, how disposed of 285. Action by guardian 285. Power of guardians 286. Duty of Guardians 286. −−− Power of courts over guardians 287. −− Allowance to 287.
HABEAS CORPUS.
For removing causes, from the county to the general court 489.
HANOVER
County formed from New Kent 95.
HARMANSON, GERTRUDE
Certain entailed lands, in Northampton vested in 377.
HEARING.
On bill and answer 191. −− Cause set down for 192.
HEIR.
When to be summoned to contest a will 13. When executed to deliver slaves to 22. −− Accountable for proportion of slaves of mother dying intestate 224. Proportion of slaves may be demanded by heir, by bill in equity, 227. Cattle, on estate of ancestor, to be preserved
for heir 283. Heir to be answerable to younger children for proportion of appraised value 283.
HEMP.
Premiums, for making tar and hemp 96, 97. Certificates, how obtained 97. Oath required 89. Penalty for perjury 99. Appropriation for payment of premiums 136. How weighed, so as to entitle the maker to the premium 301.
HENRICO.
Divided, and Goochland formed 240.
HENRY, CAPE.
Act for erecting a light house at 182.
HIGH TREASON
To counterfeit coin made current 52, 219.
HORSES.
Who disqualified from keeping more than one gelding or spayed mare 47. Proceedings against persons disqualified 47. Stoned horses of certain age and size, going at large, forfeited 48. Proceedings 48. −− Notice to be given 48. Right of redemption 48. Overseers and servants, not to keep horses, without licence of employer or owner 49.
HOUSE-BURNING.
See Burning.
HOUSE-BREAKING.
To break any warehouse or storehouse, and steal over the value of 20 shillings felony without clergy 272.
HUSBAND.
Slaves of wife, vested absolutely in 223.

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INDEX.


I

I

IMPRESSMENTS.
Of boats, horses, &c. when allowed 198. Of provisions, waggons, sailors, artificers, &c. 198. Appraisement of impressed articles 199. How paid for, if lost or damaged 201, 202.
INCEST.
Incestuous marriages prohibited 245. Incestuous copulations how punished 246.
INDIANS.
How apprehended by rangers, and dealt with 10. Indians taken in war, to be transported and sold 10. If killed, in pursuit, no penalty incurred 10, 11. Reward for apprehending an Indian, who had killed a white person 11. Such Indian may be lawfully killed, if he resist 11. Treaty with five nations, made at Albany 103. Tributary Indians, not to pass certain limits 104. Offenders may be killed, or transported to the West Indies, and sold as slaves 104. Indians belonging to the five nations not to pass certain boundaries 105. Governor and council, to constitute courts, for trial of offenders 105. Reward for taking up offenders 105. Governor may mitigate punishment 105. Who deemed tributary Indians 106. −− Children of, born in servitude, how long to serve 133. Not to be witnesses, except on the trial of a slave 327. May be witnesses, in criminal cases, against Indians 405. Nottoway, authorised to sell certain
parts of their land 459. Indian interpreters discharged 461.
INFANTS.
Lands of, protected from lapsing, for non-payment of quit-rents, and not seating and planting, till three years after they attain full age 31, 32. −− Infant females marrying the three years to commence from the coverture 32. May bequeath their slaves, 223.
INSOLVENTS.
Allowance to for diet, &c. by the public 28. Insolvent debtors, how discharged 165. Oath of 165. Schedule 166. Estate of, how vested, and 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 discharged, on taking the oath 489. Also, for non-payment of prison fees 490.
INSPECTORS.
See Tobacco.
How appointed 251. Their duty 251, 337, 387. Fees 252. Salary 262. Altered 334, 385. Allowances to, in passing their accounts 353, 389. Penalty on for not delivering tobacco 254. To make returns 260. Oath of 261. Bond 261. Attendance 261, 336, 389. −− Their own tobacco, how viewed 261. How to account 262. Penalty, for taking reward

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I

I

263. Not to trade 263. May collect their own debts 263. −− Penalty, for passing bad tobacco 263. When to open tobacco, tho' inspected 264. −− Two inspectors, to each warehouse 331. Exception 332. Law imposing a penalty for passing bad tobacco repealed 333. Ineligible as burgesses 481.
INTAILS.
See Fee Tail. Lands.
INTEREST.
Rate of 295, 396.
INTERPRETERS.
Indian discharged 461.
INTESTATES' ESTATES.
Administration on, when and how granted 14.
INVASIONS, AND INSURRECTIONS.
Fines on militia, for not attending to suppress 122. In what manner militia to be raised to repel invasions, and suppress insurrections 197. Power and duty of officers 198. Impressments permitted 198. Lookouts appointed 199. Pay of officers and privates 200. Pay of artificers 201. Messengers 201. Provisions, tools, boats, waggons, &c. how paid for 201, 202. Patrols, how appointed 202. Their power and duty 202. Their pay 203. −− Batteries how guarded 203. −− Embezzlement of arms, punishment for 203. Act concerning continued 323. Act providing against continued 395.
INVENTORIES.
Of decedents' estates to be made
by executors and administrators 21.
IRON WORKS.
Roads and bridges, to and from, to be made 229. Privileges & exemptions of persons, employed at 229, 230. Owners to furnish a list of persons employed 230. Persons exempted, not to make tobacco 230. Exempted from taxes and levies 231. Proviso 231. Counties indemnified by the public 231. Further privilege 297. Workers at, exempted from militia duty 298. Levies to be paid by them and repaid by the public 298.
ISLE OF WIGHT.
Part of Surry and Isle of Wight counties added to Brunswick 355. Boundaries 356.
JAIL.
See Prison.
JEOFAILS.
After verdict, in penal cases, judgment not to be stayed for defect in form 233.
JOINT-TENANT.
Action of account, given to 285.
JUDGMENTS,
On bonds, how to be entered 359.
JURY.
See Grand Jury.
Jury, for the trial of criminals 404. Fines on, for not appearing 404. Qualification of 404.
KING GEORGE
County, formed from Richmond 95. Court day altered 439.
LANDS.
Land of infants protected from lapsing, for not seating and planting, & paying quit-rents,

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INDEX.


L

L

until three years after they come of age 31, 32. Guardian to give security for payment of quit-rents 31. Sheriff may distrain guardians' effects 31. Infant not to be prejudiced by neglect of court or guardian, till three years after full age 32. Infant females marrying, the three years to commence from the coverture 32. How to be surveyed 38. Proportion of the tract 38. Surveyor to certify quality of the land 38. Quality of land heretofore surveyed, rated 39. −− Proportion of arable and barren land to be seated and stocked 39. How barren and stony land to be improved by patentee 39. When patentee may cease to improve 40. −− Time allowed to improve lands surveyed prior to 1710, &c. 40. Patentee of lapsed land entitled to retain so much as he has improved 40. Prior grants to be affected only by the laws then in force 41. Quit-rents to be paid, or land forfeited 41. How and where proof of seating and planting may be made 41. Further specification of improvements to save lands from lapsing 31, 32. When improvement of part shall save the whole 32. Lands improved before petition filed, not to lapse 83. Patentee may reserve the part improved, & allot the residue as lapsed 83. Proceedings against non-resident patentees 83. How slaves may be annexed to, and pass with 225. May be annexed by
tenant in tail 225. Slaves annexed to lands liable to debts 226. Controversies concerning entries of, determinable before governor and council 352. Witnesses on, how summoned 352. Former conveyances, bona fide made, valid, tho' not recorded 398. −− Hereafter void against creditors, &c. if not recorded 398. Mortgages, marriage settlements, and deeds of trust, how executed and recorded 398. Memorials to be recorded, in secretary's office 399. Duty of clerks 399. Estates tail, of less value, than 200l. sterling how conveyed 400. Privy examination of femes covert, permitted out of court 400. −− To be recorded 401. Former examinations valid 401. −− Femes covert not bound if acknowledgment be not recorded 401. Limitation of writs of right 402. Process, and proceedings in real actions 402. Recital of an act of parliament, subjecting lands, in the colonies to sale, for debts 452. Certain lands of the estate of Joseph Allen, to be sold for payment of his debts 539. Certain lands in King William vested in William Beverley in fee simple 116. −− John Blincoe authorised to sell certain entailed lands 116. Agreement between Thomas Bray and John Randolph, for settling their disputes concerning certain lands confirmed 370. Executors of Charles Burges authorised to sell his

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586

INDEX.


L

L

lands in Prince William and Spotsylvania, for payment of his debts 451. Entail of certain lands of which Lewis Burwell is seized, docked 534. Part of estate of Robert Carter, vested in Robert Carter, son and heir of Robert Carter, the younger, deceased, 454. Abraham Cocke, authorised to sell certain lands, 95. John Custis authorised to sell certain lands for payment of the debts of Daniel Parke, his testator 29. William Manley authorised to sell certain entailed lands, in the county of Westmoreland 36. Michael Megginson 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 Glocester and Elizabeth City docked, and vested in Henry Willis 461. Francis Yeates authorised to convey certain entailed lands, to John Tayloe 28. Title of John Fox to certain lands, formerly purchased of Pamunkey Indians confirmed 141. 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
Stubblefield 142. Title of Richard Randolph to certain entailed lands confirmed 181. William Farrar and Thomes Farrar, enabled to sell certain entailed lands 240. Certain entailed lands purchased by Thomas Randolph of John Sutton Farrar, vested in William Randolph, his son 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 Turberville, and other lands, in Stafford settled to the same uses 307. Sale of certain entailed lands, in King William, made by John Douglass to John Frazer confirmed 308. Certain entailed lands vested in Thomas Turner 377. So in John Allen 377. Charles Barham 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 is seized in fee tail, vested in

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587

INDEX.


L

L

Richard Barnes, 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 of the said Mary 379.
LAPSED LANDS.
Lands of infants protected from lapsing until three years after they attain their full age 31, 32. Infant female marrying, when the three years to commence 32. Further specification of improvements to prevent lands from lapsing 39, 82, 83. When improvement of part, may save the whole 82. Lands improved before petition filed, not to lapse 83. Patentee may reserve the part saved, and allot the residue as lapsed 83.
LAWS.
Books to be returned to court, in case of the death or refusal of a justice to serve 437.
LEVIES.
Constables and ferry-keepers exempted from payment of 170. Parish levies to be laid by vestry 205. How collected and paid 206, 207. −− Tithables not to be employed without a certificate 208; −− Persons employed at iron works, exempted from 231. Payable in inspectors notes 256. Paid by workers at iron works, to be repaid by the public 299. Public levy 369,
436. County Levy 370. Where payable in tobacco 386. −− Slaves, &c. mortgaged liable for 491. Successor of sheriff may distrain for 491.
LICENSES.
Of attornies, how obtained 360.
LIMITATION
Of actions on notes 275. Of evidence on book debts 329. Of writs of right 402.
LIQUORS.
See Duties.
Duty on 144, 469. Mode of collection 145 to 149. How transported from one district to another 149, 395. Acts imposing duties on, continued 276, 393.
LINEN.
Premium for making 293. How paid 293. Proof required 294.
LOWRY, WILLIAM
Certain entailed lands, in Essex, of which William Lowry and Mary his wife are seized settled on the issue of the said Mary 379.
LOOK-OUTS.
To be appointed near the sea shore 199. Their duty 199.
MAGAZINE
To be built 55. Power of the governor 56. Keeper to be appointed 56. His salary, and how paid 56. Duties payable by Virginia Indian Company, appropriated 56.
MANIFESTS
For tobacco, when to be delivered 259.
MANLEY, WILLIAM,
Authorised to sell certain entailed lands, in the county of Westmoreland 36.

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588

INDEX.


M

M

MANSLAUGHTER
Of a slave, not punishable 133.
MARRIAGES.
Within certain degrees prohibited 245, 246. Such marriages to be dissolved by general court 246. Attorney general to prosecute 246 Parties, further punished 246. Incestous copulations, how punished 246.
MARRIAGE SETTLEMENTS.
How to be executed and recorded 398.
MARRIED WOMAN.
See Feme Covert.
MASTERS OF VESSELS.
To take an oath, not to transport persons out of the state, without a pass 173.
MEGGINSON, MICHAEL,
Authorised to sell certain entailed lands, in the county of Gloucester 75.
MEMORIALS.
Of conveyances, to be recorded in the secretary's office 399. Duty of clerks of courts 399.
MERIWETHER, WILLIAM
Fee-simple estate of certain entailed lands, vested in 142, 378.
MILITIA.
From the age of 21 to 60, liable to militia duty 118. Who exempted 118. Exempts to find substitutes 119. Further exemptions 119. Free negroes, mulattoes & Indians, how employed 119. Penalty on certain exempts, for appearing at musters 119. Arms, ammunition, &c. to be provided by every soldier 120. Fines, for non-attendance, &c. 120. −−
Time allowed for soldiers to furnish themselves 120. Fines on officers 121. Arms, horses, &c. exempted from execution or distress 121. General muster 121. Company musters 121. Limitation of fines 121. Disobedience, how punished 121. Additional punishment of disobedience, in case of invasions or insurrections 122. Proviso 122. Penalty on officers 122. Fines on soldiers, refusing to serve as corporals, &c. 122. Delinquents to be reported by captain 123. Courts martial 123. Limitation of fines 123. Excuses, when to be admitted 123. −− Fines, levied distress 124. If no property, an execution against the body may issue 124. Clerks of court martial, how appointed and paid 124. Fines, how appropriated 124. Clerks of cavalry, how appointed 125. Oaths, and test 125. Oath of court-martial 126. Substitutes, admitted 126. Inhabitants of Williamsburg not compellable to perform militia duty out of limits of their city 140. How called out to repel invasions and suppress insurrections 197. Power and duty of officers 198. −− Impressments of boats, horses, &c. 198. Of provisions, waggons, sailors, artificers, &c. 198. Appraisement of impressed articles 199. How paid for, if lost or damaged 201, 202. Look-outs to be appointed 199. Their duty 199. Pay of officers and soldiers 200. Horses, arms, &c. to be provided

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INDEX.


M

M

by the militia 200. When no pay allowed 201. Pay of artificers and sailors 201. Messengers 201. Provisions, tools, &c. how paid for 201. Boats, waggons, &c. 201. If lost, or damaged 201, 202. Damages, how ascertained 202. Patrols when and how ordered 202. −− Power, duty, and pay 202. −− Batteries, how guarded 203. Embezzlement of arms, punishment for 203. Persons employed at iron works exempted from militia duty 298.
MILLS.
Width of roads, passing over mill-dams 53. Penalty, for failure 54. Provision as to infants 54. Penalties, how recoverable and paid 54. Saving as to tenants 55. Proviso, where the dam is destroyed 55.
MINISTERS.
Salary of 204. Allowance for collection 205. In parishes, remote from rivers, &c. 205. Collectors 205, 206. Distress 206. When vestry and collectors liable 206. Glebes to be provided 206. Houses erected, &c. 207. How paid for 207. How repaired 207. Cure, in case of vacancy of minister 207.
MONEY.
See Coin.
Encouragement, to pay duties in 145, 277, 314, 471.
MORTGAGES.
How to be executed and recorded 398.
MULATTOES.
See Slaves.
Children of mulatto women, born in servitude, how long to serve 133. Entitled to the benefit of clergy 326. Not to be witnesses except on the trial of slaves 327.
MUSTERS.
General, and company 121.
NANSEMOND.
Records of, being destroyed by fire, how evidence perpetuated 448, 526.
NEGROES.
See Slaves.
Allowed the benefit of clergy 326. Not to be witnesses, except on the trial of a slave 327.
NEW-KENT
County divided, and Hanover formed 95.
NON EST INVENTUS.
Proceedings on, in the general court 185.
NON-SUIT.
Plaintiff, at law, to be non-suited, if less than 20 shillings found due 357.
NORFOLK.
Charter of Borough of, confirmed 541.
NORTHAMPTON
County, court day altered 95.
NORTH-CAROLINA.
Penalty, for bringing in tobacco from, or the controverted bounds between that province and Virginia 175. How it may be seized and sold 176.
NORTHERN NECK.
Act for confirming titles to land, in the Northern Neck, held under lord Fairfax 514. Recital of patents 1st & 21, Car. 2. Death of some of the patentees,

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INDEX.


N

O

sale of others, and surrender of the patent 516. −− Considerations 516. The grant 516. Reservation of rent 517. Powers granted to the patentees 517. New patent to be granted 518. Proviso, as to seating 519. Patentees not to concern with military affairs 519. Inhabitants subject to be taxed by the colonial government 519. Recital of patent 4, Jac. 1, pa. 519, 520, 521. Confirmation of grants 522.
NOTES.
Tobacco, how to issue 251. −− To be current 252, 332, 386. Allowance to inspectors, for printed 253. All fees, to be paid in 256. Promissory, debt may be brought on 275. Limitation 275. Assignable 275. Lost, how tobacco obtained 338. Old tobacco notes, how payable 387. Transfer notes 388. Crop notes 388.
NOTTOWAY.
Indians, authorised to sell certain parts of their land 459. −− Trustees appointed 459. Reservation for a glebe 461. Act for building bridge over Nottoway river 530.
OATHS.
Of executors and administrators 17. Militia officers, to take the oaths and subscribe the teste 125. Oath of court martial 125. Of insolvent debtor 165. Of masters of vessels, not to carry any person out of the state 173. Of constables, in relation to tobacco seconds 242. Of inspectors of tobacco
261. Of appraisers of goods distrained for rent 288. Of a wolf-killer 354. Of an attorney 361. Of voter, at election of burgesses 476. Of constables, in relation to tobacco suckers 508.
OFFICE JUDGMENTS,
When final, in the general court 187.
ORANGE.
County, formed from Spotsylvania 450. Boundaries 450. Court days 450. Encouragement to settle beyond the Shenandoah River 450. Compensation to James Taylor for running dividing line between, and Spotsylvania 514.
ORDINARIES.
Penalty on ordinary keepers, for entertaining seamen without certificates 109. Power of court of hustings of Williamsburg, over 139. Keepers of, not to sell liquors on credit, above 20 shillings, in one year 428. Exception as to merchants 428. Also, as to city of Williamsburg 428.
OVERSEERS.
Not to keep horses, without leave of employer, unless owners of land 49. Liable for refused tobacco 259, 389.
OUTLAWRY.
Process of, when awarded 186.
PARISHES.
Act for dividing St. Mary's parish 49. St. John's in King William, divided 94. That part of Westover and Weynoake on the north side James river, consolidated with that part of Wallingford, on the

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P

P

west side of Chicohominy river 94. Those parts of Westover and Weynoake, on the south side James river, divided from those parts on the north side 94. And those parts, on the south side united to Martin Brandon, in Prince George 95. Henrico parish, in Henrico, divided 95. Act for dividing St. Stephen parish in the county of King and Queen 141. Parish of Wilmington in James City and Charles City dissolved, and added to other parishes 141. Act for dividing parish of St. Paul in Hanover county 180. Hamilton parish, formed from Overwharton, in Stafford 304. St. George, in Spotsylvania, divided, and St. Mark formed 305. Part of Lawn's Creek, Southwark and Warwicksqueak, in the counties of Surry, and Isle of Wight, added to St. Andrew in the county of Brunswick 355. Parish of St. George in Spotsylvania, to pay certain monies to St. Mark 365. Two formed, in each of the counties of Richmond, King George, and Prince William 266, 267, 268. Of Henrico, divided 443. Of Newport & Warwicksqueak divided 444. Act for relief of parishes of Raleigh and Dale 525.
PARTITION
Of slaves, may be demanded by bill in equity 227.
PASS.
Masters of vessels to take an oath not to transport any person
out of the state, without a pass 173. Penalty for forging a pass 173.
PATROLS.
Where and how ordered 202. − Their power, duty and pay 202, 203.
PAYMENT.
When pleadable 359, 360.
PENAL LAWS.
Power of county courts & grand juries, in presentments, for offences against the penal laws 232. Proceedings on presentments 232. Court to decide according to the very right of the cause 233. After verdict, judgment not to be stayed, for defect in form 233.
PERISHABLE ESTATE
Of decedent, to be sold by executor or administrator 282. −− Bonds taken on sale, may be assigned to legatees, &c. 283. Estate liable, if obligor prove insolvent 283.
PETITION & SUMMONS
For sums between 20 shillings and 5 pounds 195. If any other action be instituted, the plaintiff to be non-suited with costs 360. To be tried the first court 426. Cause of action to be expressed 426. When returnable 426. Detinue and trover by 427. No lawyer's fee on 427. Exception in particular cases 486.
PHYSICIANS.
Fees of regulated 509. Of those who have taken a degree 510. Medicine how to be charged 510.
PLEAS.
In chancery 191. Set down for

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argument 192. Over-ruled 192. Costs on 324. Plaintiff in replevin, and defendant in other suits may plead several matters, with leave of the court 324.
PLOTTING.
To murder, by slaves, how punishable 126.
PLURIES CAPIAS.
When it may issue 185.
POOR.
How poor persons removed to their own parish 210. If sick, how disposed of 211. Penalty on churchwardens refusing to receive them 211. Vestry liable for expences 211. Poor children when to be bound apprentices 212.
POUND BREACH.
Damages for 289.
PRACTICE.
Rules of, at common law, in the general court 186. In chancery, in the general court 189.
PREMIUM.
For making linen 293.
PRESENTMENTS.
Power of grand juries and county courts, as to presentments 232. Proceedings on 232. −− Churchwardens to make presentments of offences against the act to suppress vice, blasphemy, &c. 244.
PRINCE GEORGE
County divided, and Amelia formed from that, and part of Brunswick 467.
PRINCE WILLIAM
County, formed from Stafford and King George 303. Court days 303.
PRISON.
Land to be purchased in Williamsburg, and a prison built thereon 26. Governor to contract for building 26. To be called general court prison, for debtors 27. Sheriff of York, to be keeper 27. His salary, and how paid 27. Allowance to insolvents, for diet, &c. 27. But no fee to be paid by them to the keeper 28. How judgments may be obtained against prisoners in custody 27. Addition, to the public prison 114. Commissioners may employ workmen 115. May draw money 115. Debtor's apartment 115. Criminals apartment 115. Keepers exempted from militia duty 116.
PRISONERS.
Allowance to insolvent, for diet, &c. 27. How judgments obtained against 28. Defendant in custody, may plead to issue 185. How turned over from one sheriff to another 487. How they may be discharged for debt 489. May be discharged for want of prison fees 490.
PRISON BOUNDS.
How obtained 162.
PROCESS.
How issued, executed and returned in the general court 183.
PROMMISSORY NOTES.
Debt may be maintained on 275. Limitation 275. Assignable 275.
PUBLIC LEVY.
See Taxes.

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