Pages 559-568  ======   ======  Pages 583-592

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INDEX

TO THE

FIFTH VOLUME

OF THE

Statutes at Large.

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ABATEMENT.
      Pleas in, how to be received 478. Where suit shall not abate by death of parties 510.
ABSENT DEBTORS.
      How proceeded against, in chancery 220. May shew cause against decree within 7 years 223. When decree shall be final 223. How defendants permitted to answer 224. −− When barred 224.
ACCESSARIES.
Receivers of stolen horses, deemed 249.
ACCOMACK.
Court day of, altered 60.
ACTIONS.
      Limitation of real actions 415. Proceedings on 416. Of personal actions 512, 513.
ACTS OF ASSEMBLY.
      Representation against repeal of certain acts 432. Form of giving the royal assent to 559. Proclamation repealing certain acts passed at the revisal of 1748, p. 567.
ADJOURNMENT.
      Of general court, power of 320. Of county courts 491.
ADJUTANT GENERAL.
      He, his servant, and horses, exempted from ferriage 23.
ADMINISTRATION.
      County courts, may take proof of wills, and grant administrations 456. Where executors refuse administration with the will annexed may be granted 455. Rules in granting administration 458. −− When creditors may take 458. Jurisdiction of general court, in relation to 466.
ADMINISTRATORS.
      Rules in appointing 456. Oath of 459. Bond of 460. Duty of in selling perishable goods 463. Allowance of 466. −− Lawyers fee not taxed against 497.
AD QUOD DAMNUM.
      Proceedings on, to bar estates tail, under a certain value 414, 415.

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A

A

AGE.
      Of servants, imported without indenture, how adjudged, 547.
ALBEMARLE.
      Parish of, in Surry, formed 76. Vestry of, authorised to sell certain lands 77. County, formed from Goochland 267. Boundaries 267. Court days 267. Court day altered 371.
AMELIA.
      Court day of, altered 60.
APPEALS.
      On conviction for gaming allowed 230. On what terms 231. From judgment of inspector of pork, beef, pitch, tar, turpentine, and flour, 354. To general court, when to be made 471. Rules concerning 481. Damages on 482. −− From county courts 505.
APPOMATTOX.
      Courts of Henrico, Prince George, Amelia, Goochland, and Albemarle, authorised to order the clearing of James and Appomattox rivers 375.
APPRAISEMENTS.
      Of decedents estates, how to be made 462. Where no appraisement necessary 464.
APPRENTICES.
      Poor orphans to be bound 452. To serve out their full time 558.
ARMS.
      Militia, how armed 17. Time allowed to provide arms 21. Arms exempted from seisure, and distress 21. Mulattoes, not to bear 17. To be carried to church 19. Further supply of arms for militia 90.
ARMY.
      To be raised to go against the Spaniards, 92, 94. So on an intended expedition against Canada 402.
ASSAULT AND BATTERY.
      In action for, when plaintiff shall not recover costs 240.
ASSEMBLY.
      General; to make good loss of tobacco, by fire 150. Inspectors ineligible to 153. Wages of Burgesses to be paid in money 172. Oath of electors, in Williamsburg 206. Representation against repealing certain acts of, 432. Proc. repealing those acts 567. −− Form of giving the royal assent to an act of Assembly 559.
ASSENT.
      Form of giving the royal assent to an act of Assembly 559.
ASSIGNEES.
      Of plats, liable for surveyors' fees 51, 341.
ATTACHMENTS.
      May be levied, in the hands of persons indebted to the party absconding 59. Foreign attachments, proceedings on 220, 225. Against absconding debtors, by whom to be served 238. Proceedings on 492, 493.
ATTORNEY, POWER OF
      To confess judgment, void 240. Penalty for appearing under 241.
ATTORNIES.
      Their fees to be taxed, except against executors and administrators 54. Act for granting licenses to, repealed 171.

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B

B

Again revived and altered 345. Fees of 181. Oath of 182. Fees when taxed 344. Examiners of, appointed 345. License, how obtained 345. Oath of 346. Penalty for practising without license and oath 346. Misdemeanor of 347. Barristers not to obtain license 347. Attornies, not licensed, may finish causes 347. Punishable for contempt 348. And liable to costs, for neglect 348, 473. Fees of, in general court, In county courts 497. On petitions 499.
AUGUSTA.
      County, formed from Orange, 78. Boundaries 79. Court days 79. Court day altered 371. County, certain taxes authorised in, for the use of the inhabitants 187. Inhabitants of, to pay their proportion of the expences of running dividing line, between that county and Frederick 275.
BAIL.
      In what cases, to be required 472. where bail, or sheriff liable 473. Sheriff's remedy where bail adjudged insufficient 474. Where judgment against defendant, or sheriff and bail may be set aside 474. Remedy for sheriff or bail, where judgment confirmed against them 474. Any judge of general court, may take recognizance of 475. −− Where the special bail shall be liable 475. No special bail, in suits upon penal laws except expressly by the laws
required 475. In county courts 495.
BANKS, WILLIAM.
      Certain entailed lands of, in King and Queen, vested in George Braxton, the younger, and other land in King William settled to the same uses 214, 215. Certain lands in King William, entailed on, vested in John Norton, 306.
BATH.
      Parish of, formed from Bristol, in Prince George 212. −− Part of added to Bristol 261.
BEEF −− See Pork, &c.
      Inspection of established, 164. Regulations concerning 164, 168. Act concerning amended 350, 355.
BELLFIELD, JOHN
      Authorised to sell certain lands, notwithstanding his infancy 285.
BRAXTON, GEORGE, Jr.
      Certain entailed lands purchased of William Banks, vested in 214, 215.
BRENT, WILLIAM
      Rents of certain of his lands, to be applied by Peter Hedgman, to payment of his debts 292.
BRIDGES.
      How to be erected, between adjoining counties 33. To be built over Nottoway river, at Hunt's landing 107; and over Pamunky river, at New Castle 108. Levies for, may be laid by county courts 175.
BRISTOL.
      Parish, in Prince George, divided and Bath formed 212. −− Part of added to Bath 261.

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C

C

BRUNSWICK
      County divided, and Lunenburg formed 383.
BURGESSES.
      Their wages to be paid in money 172, 372, 404. Representation of, against the prerogative exercise by the king, in repealing laws, by proclamation 432, note.
CALLED COURT.
      How convened, its power and duty, in relation to criminals 541.
CANADA.
      Grant of money, for expedition against 400.
CAPIAS AD SATISFACIENDUM.
      No justice of peace to grant 37.
CAROLINE.
      County, part of King & Queen added to 185.
CARTER, GEORGE
      Of Middle Temple, London; certain lands belonging to, in Prince William, Fairfax, and Frederick, vested in trustees to be sold 300.
CATTLE.
      Drivers of, to produce manifests and bills of sale, and make oath before the next justice 176. Duty of justice 177. −− Like method to be observed in every county, thro' which the drove passes 177. Penalty 177. Act concerning further continued 247. To be preserved for the heir 465.
CAUSEWAYS.
      How to be made between adjacent counties 32.
CERTIORARI.
      Writs of how obtained, 348, 483.
Not to be granted, to remove a cause, not originally cognizable in the general court, 349. Suit remanded by Certiorari, not after wards removed, 349. Notice and affidavit, 349. False swearing on, Perjury, 349.
CHALLENGE
      Convicts entitled to benefit of, 26, 546. Of jurors, how to be made 545. For the King, must be upon good cause shewn 545.
CHAMBERLAYNE, WILLIAM.
      Certain slaves of Wm. Chamberlayne, dec'd vested in trustees, for the benefit of a posthumous child 117.
CHANCERY.
      Days appointed for hearing chancery causes, in the general court 320. Rules of practice in 484.
CHAPMAN, RICHARD,
      Certain entailed lands, in King William, vested in 114, 117.
CHURCH.
      Militia to go armed to 19. Not attending, what an excuse for 226.
CLERGY,
      Benefit of where taken away by any act of Parliament, prior to the 4th of James I. taken away in this country, for the same offence 547. Where a man would be entitled, a woman equally entitled 546. When a person convicted shall have it, without reading 546.
CLERKS.
      Of county courts, their fees 42, 47, 331.

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577

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C

C

Office of, to be inspected annually 344. To tax attorneys fees 344.
COLLECTORS
      Of duties, on skins and furs, to be appointed 56. Power and duty, in relation to liquors imported 313. How appointed 317. Their salary 317. When to account, with treasurer 317, 318.
CONSTABLES.
      Their fees 50, 340. May search for red deer skins 62. To be sworn to prevent offences against the act against unlawful hunting 63.
CONVEYANCES.
See Deeds.
      Deeds for lands, how to be acknowledged, proved, and recorded 408, 409.
CONVICTS.
      How to be tried for capital offences 25. Challenges allowed them 26. rules concerning trials of 545.
COOPER, SUSANNA,
      Authorised to dispose of her property, as a feme sole, notwithstanding her husband Isles Cooper, may happen to be living 294.
COPIES.
      Of pleadings, what taxable in bill of costs, what not 46.
CORONERS.
      Their fees 50, 340.
COSTS.
      Rules in taxing, for copies 46. In assault and battery, and slander, where plaintiff shall not recover costs 240. Attorney's fee, when taxed 314. Of costs in frivolous and vexatious
suits 509. Security for to be given, by non-residents 512.
COUNCIL.
      Members of the general court, being councillors, may receive the salary, without violation of their oath, as judges 227. Process against a member of 495.
COUNTIES.
      Orange county divided, and all that part westward of the Blue Ridge, to the utmost limits of Virginia, formed into the counties of Frederick and Augusta 78, 80. Part of King and Queen added to Caroline 185. Prince William county divided, and Fairfax formed 207. Hanover county divided, and Louisa formed 208, 209. Goochland county divided, and Albemarle formed 266. Brunswick county divided, and Lunenburg formed 383.
COUNTY COURTS.
      May lay levies, for building bridges, &c. and such contracts shall bind their successors 175. Act establishing 489. Justices to hold them 489. their oath as justices generally 489. As justices in chancery 490. Penalty for acting without 490. Court days 490. Adjournment of 491. Jurisdiction of court 491. What cases excepted 491. Warrants, for small debts, determinable by a single justice 491. But no execution against the body 491. Attachments against absconding debtors 492. Proceedings

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578

INDEX


C

C

on 492, 494. Process, how issued, executed and returned 494. Bail, appearance, and special rules, concerning 495. Process where defendant not found 496. Rules of practice at common law 496, 498. Petition and summons, for debts under 5l. How proceeded on 498. Debt of bonds of more than 5l. Penalty 599. Penal actions, how prosecuted 500. rules of practice in chancery 501−−504. Rules concerning witnesses 504. How summoned, and their allowance 504. Penalty and privileges 505. Appeals from, how granted 505. Bond and security 506. Certiorari 506. No justice to appear as attorney 507. Court-houses, how erected 507. −− Prisons for 507.
COURT DAYS.
      Of Accomack and Amelia altered 60. Of Frederick, Fairfax and Louisa altered 265. −− Of Nansemond, Isle of Wight, Princess Anne, Norfolk, King William, Albemarle and Augusta, altered 371. Of all the counties 490.
COURT HOUSES.
      How erected 507.
COURTS MARTIAL.
      How constituted, and when held 19. Power and duty of 20.
COVENANT.
      Rules in actions, for non-performance of 511.
CREDITORS.
      Act for relief of certain 220. Foreign attachment 220. Absent defendant, how proceeded against 220, 222. Defendant
refusing to enter appearance 222. If he be in custody 223. Absent defendant may shew cause within seven years 223. When decree final 223. How defendant permitted to answer 224. When barred 224. When they may take administration 458.
CRIMINALS.
      How convicts, to be tried 25. −− Jury of by-standers, and not of the vicinage 25. Qualification of jurors 25. Challenge allowed 26. Act for trial of criminals continued 249. Method of trying, for capital offences 541. Called court 541. Commitment 541. Sheriff may impress guards 542. Bail, when admitted 542. witnesses, for and against the prisoner 542. −− Goaler may impress guard 543. Prison fees how paid 543. Grand jury to pass upon 543. Venire, how summoned 544. qualification 544. Prisoner may have counsel 544. Challenge of, how taken 544. For the King 545. Rules, in trials of convicts 545. Benefit of clergy 546. Who may, or may not be witnesses 546.
CROP.
      Tobacco, weight of 133, 134. −− How made up, from transfer 157, 325.
CROWS.
      Act for destroying, on eastern shore 203.
CUMBERLAND.
      Parish of, in Lunenburg, formed

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579

INDEX


D

D

from St. Andrew, in Brunswick 383.
DAMAGES.
      On appeals 482.
DECLARATIONS.
      When to be filed 348. No incipitur to be received 348.
DEEDS.
      For land, how and when to be acknowledged, or proved and recorded 408. In what courts 408. Within what time 409. Number of witnesses 409. −− Livery of seisin, to be recorded with 409. Former deeds, valid 409. When void as to creditors, though binding between the parties 410. Relinquishmeut of dower, how to be made 410. Effect of 410. Memorials of, to be sent to Secretary's office, and there recorded 411.
DEER.
      Within what periods deer may be killed 61. May be killed, at any time, in fields, or for necessary food 61. Penalty for buying red skins 62. −− Constables may search for them 62. Hounds, not to run at large 62. Penalty for fire hunting 62. No person to hunt on another's land 62. −− Constables to be sworn to prevent 63.
DEPOSITIONS.
      Of witnesses, when and how taken 479.
DESERTERS.
      How apprehended and punished 93, 96, 403, 404.
DETTINGEN.
      Parish, in Prince William, formed from Hamilton 259.
DEVISE.
      Of land must be in writing 456. How attested 456. How revocable 456.
DISTRESS.
      Arms of militia exempted from 21. Unreasonable not to be made 37. For public tobacco debts, when to be made 139. For quit-rents and public & county levies, where and how to be made 519. Penalty for making unreasonable 519. −− Or, for distressing slaves 519.
DISTRIBUTION −− See intestate's estates.
      How estates of persons dying intestate, to be distributed 444, 448. When it shall be made 448.
DOWER.
      Relinquishment of, how to be made, and effect of 410, 411. Widow's dower, in personal estate and slaves 444, 445. −− Permitting dower slaves to be sent out of the colony, forfeits them 446. Her dower, in lands 448. Jointure, in bar of 448.
DRAWBACK.
      On liquors exported 534. when, not allowed 315.
DRIVERS.
      Regulations concerning drivers of cattle 176.
DUCKING-STOOLS.
      To be built 508.
DUTIES.
      Act, laying duty on liquors, further continued 26. Further allowance for leakage 27. −− Not to extend to certain appropriated duty 27. Master

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580

INDEX


E

E

or owner may detain for duty 27. Liquors, when seizable 27. Act laying duty on slaves further continued 28. Duty, how collected and accounted for 28, 29. Penalty 30. Additional duty on slaves 92. How appropriated 93. Act laying duty on slaves, continued 160. Act laying duty on liquors, continued 161, 236. Drawbacks on 163. On horses, imported 178. Acts laying duties on liquors, reduced into one, and amended 310. Duty on spirits and wine 311. On cyder, ale and beer 311. Saving as to liquors, imported from Great Britain 311. Oath of master, &c. 311. −− Entry, how to be made 312. Forfeiture 312. Permits 312. Wines, how entered 312. −− Penalty for false entry 312. Duty of collector 313. Bribery 313. Power of collectors 313. Onus probandi 314. Duties, how paid 314. Drawback 314. Oath of importer 314. When drawback not allowed 315. Premium, for importing money 316. −− Duty-bonds, how prosecuted 316. Forfeitures, how recoverable, and appropriated 316. Collectors, how appointed, their salary, and how to account 317. Duties appropriated 317. In aid of the taxes 317. For relief of William and Mary College 317. −− When accounted for 318. −− Governor's Madeira exempt from duty 318.
ELECTIONS.
      Penalty on inspectors interfering in 153. Qualification of electors, in Williamsburg 206.
ELIZABETH CITY.
      County, justices of, authorised to erect pounds overt 186. Act revived 266.
ERROR, WRIT OF
      Returns of 472. Rules, for granting 482.
ESCAPES.
      Proceedings against a prisoner escaping 520. Escape warrants 520.
ESKRIDGE, GEORGE
      Authorised to sell certain lands in Westmoreland 392.
ESTATES TAIL.
      Not to be barred, but by act of Assembly 414. Except under certain value 414. Proceedings by writ of ad quod damnum 415.
EXECUTIONS.
      Arms of militia exempted from 21. Slaves not to be taken in, for less than 10l. if other sufficient property be shewn 37. −− Nor for levies, or offi- fees 37. No justice to issue a ca. sa. 37, 491. Writs of execution, how tested, issued and returned 526. Time between the teste and returned 527. Forms of 527, 528. −− forms of returns 528, 529, 530. Debtor dying in prison, new execution may issue 531. May sell his lands, while in execution, for the benefit of his creditors 531. Rules in issuing the writs 531. Rules in extents 532. Officer to endorse the time of receiving

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581

INDEX


E

F

the writ 533. Those first delivered to be first satisfied 533. Rules in executing 533. Party may give a forthcoming bond 533. May discharge it by paying the money at the day of sale 533. Or security to pay in three months 534. When officer may sell on three months credit 534. Proceedings on forthcoming and replevin bonds 534. Proviso, as to public collectors 534. Where slaves may not be seized 535. Penalty for making unreasonable seizures 535. No execution or distress for tobacco, between the 30th September and 31st December 535. Proceedings against officers not paying monies collected 535. Venditioni exponas 536. Executions may run into other counties 536. Prison rules 536. Statute for relief of creditors against fraudulent devises, declared in force 537. Insolvent debtors, how discharged 537. Oath of 538. How his estate shall be disposed of 538. His discharge 539. But creditor may afterwards have an execution against him 539. His prison fees, how paid 539. Executions for sterling money, how satisfied 540.
EXECUTORS.
      Refusing, administration with the will annexed may be granted 455. Oath of 459. Bond of 459. When not to give security 461. Power of, before probate 462. −− Executors, in their own
wrong, answerable to executors, &c. in right 465. Of guardians, joint tenants, &c. how accountable 466. Allowance of 466. Lawyers fees not taxed against 497.
EXEMPTS.
      In the militia 16. Who to give their personal attendance, and furnish a substitute, who wholly exempted 16, 17. All militia to give their personal attendance, during the existing war 91.
FAIRFAX.
      County, formed from Prince William 207. Boundaries 208. Court days 208. Justices of, authorised to levy tobacco, for support of Occoquon ferry 252. Court day altered 265.
FAIRS.
      To be kept in the town of Fredericksburg 82. Days for holding altered 105.
FEE-TAIL.
      Estates in, not to be barred, but by act of Assembly 414. −− Except under a certain value 414. Proceedings, by writ of ad quod damnum, in such cases 414, 415. Certain intailed lands of John Wallop vested in Joshua Kendall 83. Ralph Wormley authorised to sell certain intailed lands, to raise sister's portions 85. Certain intailed lands, in Charles City, vested in Philip Lightfoot, in fee-simple 111. Certain intailed lands in King William vested in Richard Chapman, in fee simple 114. Certain intailed lands in King & Queen vested in Geo. Braxton

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582

INDEX


F

F

the younger 214. Mann Page of Gloucester, authorised to sell certain intailed lands, for performance of his father's will 277. Intail of certain lands, in King William docked, and vested in Francis West 297. Certain lands of George Carter, intailed and in fee-simple, lying in Prince William, Frederick and Fairfax, vested in trustees to be sold 300. Certain lands in King William, intailed on William Banks, vested in John Norton 306. Intail of certain lands in Gloucester, of the estate of Thomas Todd, docked 395. Intail of certain lands, in Gloucester of the estate of John Smith, docked 397.
FEES.
      Slaves not to be seized for 37. No action to be brought for 37. Fees of the Secretary 38. Of clerks of county courts 42. Of sheriffs 43. Of coroners 50. Of constables 50. Of surveyors 50. Fees to be charged to the person, for whom services performed 42. Fee bills, to be produced 47. Table of fees to be set up 51. Penalty for over charging 51. When to be delivered to sheriffs 52. When to be accounted for 53. Attorney's fee, when to be taxed 54. Settlers on Roanoke, called the southern boundary, permitted to pay their fees, and levies in money 58. Persons not cultivating tobacco, allowed to pay fees in money 168. Regulations concerning 169.
Of Attornies 181. Act for regulating and collecting, continued 246. Act again revived 326. Fees of the Secretary 326. Of clerks of county courts 331. Costs of copies 335. Costs on presentment of grand juries, and prosecutions of church-wardens 336. On suits brought by treasurer 336. On making up records 336. Fees to be charged to the person, for whom services performed 330. Fee-bills to be produced 337. Fees of sheriffs 337. On presentments, &c. 339. Fees of coroners 340. Of constables 340. Of surveyors 340. Table of fees to be set up 341. Penalty, for over-charging 342. Accounts of, when to be delivered to sheriff 342. −− His duty in collecting them 343. when to account 343. Remedy against 344.
FELONY.
      To forge tobacco notes, or inspector's stamp, or to break or alter inspected tobacco, &c. 135.
FINES.
      On militia 20, 22. To be collected by sheriffs 22. Other fines 91, 99, 100. Power of courts martial to remit 91.
FERRIES.
      Adjutant General and his servant, ferry free 20. New ferries established 66. Rates 66, 67. Former ferry discontinued 67. New ferries established 104. Rates 104, 105. New ferries established 189. Rates 190. New ferries established 249. Rates 250. Occoquon ferry, how supported 252. New ferries established 364. Rates 364, 365.

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