Hening's Statutes at Large

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583

INDEX

FLOUR.

Inspectors of, to be appointed 352. Manufacturer to be sworn 352. Nature of his oath 352. Duty of inspector 352. His fees 352. Penalty for neglect 352.

FLUVANNA.

River, certain funds vested in trustees, for clearing 377.

FOREIGN ATTACHMENTS.

Mode of proceeding on 220, 225.

FORGERY.

Of tobacco notes, felony 135.

FREDERICK.

County, formed from Orange 78. Boundaries 79. Court days 79. Court days altered 265. Reward for killing wolves in 373.

FREDERICKSBURG.

Fairs to be kept in 82. Days for holding, altered 105. −− Certain lands added thereto, and bounds established 197, 198. Act allowing fairs to be kept in, continued 203. Wooden chimnies not to be built in 209. Nor hogs suffered to run at large in 210.

FREDERICKSVILLE.

Parish, formed from St. Martin's, in Hanover 211. To receive certain tobaccoes, from St. Martin's 262. To receive certain monies from 383.

FREE NEGROES.

Not to bear arms 17. When witnesses 245.

FRIVOLOUS AND VEXATIOUS SUITS.

Act to prevent 509. Where the plaintiff shall not recover costs 509. Where no more costs than damages 509. Remedy where more shall be awarded 509. Where the defendant shall have his costs 509. Exception as to executors and administrators 510. Where suit shall not abate by death of parties 510. Rules in action for non-performance of covenants 511. Actions on bonds, for payment of money 511.

FRONTIERS.

Settlements on Roanoke, as a frontier, encouraged 57, 58.

FURS.

Collectors of duties on, to be appointed 56. Skins and furs may be seized 56. Additional duty on, for William & Mary College 237. Act concerning explained and amended 355.

GAMING.

Gaming debts not recoverable 102. Securities void 102. −− Penalty on ordinary keepers suffering gaming 103, 230. −− Loser at gaming, how to recover back 229. When others may sue 229. Gaming at ordinaries 230. Appeal allowed 230. Want of form, no bar 231.

GENERAL COURT.

Terms of, altered 319. Power of adjournment 320. Days appropriated for chancery and common law suits 320. Docket, how made up 320. Act establishing general court 467.

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Governor and council, to constitute 468. Five to act 468. To be sworn 468. Their oaths, as judges of common law and in chancery 469. Penalty for acting without being sworn 469. Jurisdiction of 469. Terms of 470. Rules for docketing causes 470. Adjournment 470. −− Process, rules for issuing and returning 470. Appeals to 471. Writs of error, supersedeas, &c. 472. Process against a councillor 472. Or, sheriff 472. Where no appearance bail required 472. Where bail shall be required 473. When bail, or sheriff liable 473. Remedy of sheriff against bail 474. When judgment against defendant, and sheriff, shall be set aside 474. Remedy where judgment is confirmed, against sheriff or bail 474. Recognizance of bail, by whom taken 475. Where special bail liable 475. No special bail, in penal actions 475. Proceedings against defendant, in custody 475. Where the defendant is not found 476. Outlawry, in civil actions 476. Rules in personal actions, at common law 477. Non-suit 477. Pleadings 477. Judgment by default, or non-suit 477. Writ of enquiry 477. Trial of issue 478. Final judgment, and lawyer's fee 478. Special verdict, or case agreed 478. Pleas, in abatement, 478. Fines, on county courts, or vestries 479. −−

Records 479. Rules for witness 476. Depositions 479. Refusal to give evidence 480. Recusant convict, incapable of being a witness 480. −− Witness failing to attend 480. Privilege of witnesses 480. Their allowance 480. Rules in appeals 481. Jeoffails 482. Damages on appeals 482. Jurisdiction on appeals 482. Writs of error, how sued forth 483. Certiorari, how obtained 483. Punishment for false oath 483. −− Causes remanded, not again to be removed 484. Habeas Corpus 484. Rules in chancery 484, 488. Injunctions 488. Officers duties 488.

GOOCHLAND.

County divided, and Albemarle formed 266. Boundaries 267. Court days 267.

GOVERNOR.

Madeira wine, imported for, exempt from duty 318.

GREENHILL, FRANCES,

Authorised to sell certain lands in Prince George and Surry, notwithstanding her coverture 216, 219.

GUARDIANS.

When to account 100. Duty of courts 101. Testamentary, how appointed, their power and duty 449. Jurisdiction of courts, concerning 450. −− Security to be taken 450. −− Liability of courts, for taking insufficient 450. Power of courts over 451. When to account 451. Process against 451. What guardians may charge in their accounts 452.

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INDEX

How securities of, may be relieved 453. Debts due from, to ward, to be first paid 453.

HAMILTON.

Parish, in Prince William, divided, and Dettingen formed 259.

HANOVER.

County, divided, and Louisa formed 208. Boundaries 208. Court days 209. St. Martin's parish in, divided, and Fredericksville formed 211.

HEDGMAN, PETER

Authorized to apply rents of certain lands, to payment of debts of Wm. Brent 292.

HEIR.

His part of personal estate, of intestate 444. Of slaves 445. Must pay the other children, the appraised value of slaves 445. Where he may contest a will 455. Cattle to be preserved for 465.

HEMP.

Additional premium for raising and exporting 357.

HIGH WAYS −− See Roads.

HORSES.

Duty on imported 178. How collected and accounted for 178, 179, 180. Reward for apprehending horse-stealers 247.

HORSE-STEALERS.

Reward for apprehending 247. If killed, executors of persons attempting to apprehend, to receive the reward 248. Receivers of stolen horses 248. Accessaries, when punishable 249.

HOUNDS.

Not to run at large 62.

HUNGARS.

Glebe land of Hungars parish, in the county of Northampton, vested in trustees to be sold 390.

HUNTING.

Penalty for fire hunting 62, 431. no person to hunt on another's land 62, 63, 430. Penalties 430.

HUSBAND AND WIFE.

Joining in conveyance, passes the wife's estate 410.

IMPRESSMENT.

Soldiers raised by, for the Spanish war 95.

INCIPITUR.

None to be filed 348.

INDIANS.

Not to bear arms 17. When witnesses 245. Nottoway and Nansemond authorised to sell certain lands 270, 273. No person to sell spirituous liquors to, on credit 273. Penalty for taking any pledge, or pawn for 273.

INJUNCTIONS.

How granted 241. Jurisdiction of general court in 488. −− Rules concerning 512.

INSOLVENTS.

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.

INSPECTORS.

Of tobacco, how appointed 10. No inspector to be a collector 11. No justice to vote on a recommendation of himself 11.

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INDEX

County courts, failing to recommend, governor & council may commission 11. Inspectors, in office, and again recommended, may be continued so long as they behave themselves 11. Failing to attend, at certain periods, liable to a penalty 11. Shall account for tobacco gained by allowance for, cask 11. −− Weight of hogsheads of transfer and crop tobacco 12. −− Oath of 12. Penalty for failing 13. Inspectors removed, liable to action, for costs and damages 14. When to attend warehouses 98. County courts to nominate annually 129. On failure, governor may appoint 130. Justices, being inspectors, or in the nomination, not to vote 130. Inspectors to give bond 130. Oath of 131, 152. Within what periods to attend 131. Penalty, for neglect 131. −− Directions for receiving and marking 132. And, in case of disagreement or sickness 132. How their own tobacco to be passed 132. Salaries of 143, 144, 145. How paid 146. Ineligible to the General Assembly 153. Penalty for interfering in elections 153. For taking any gratuity 154. Further duty of 156. When to make return to court 158. when to account with treasurer 158. −− Proceedings against, for breach of duty 158, 159. Of pork and beef, how appointed 164. Their duty and allowance 165.

When to attend warehouses 175. Salaries altered 233. When to attend 235. Inspectors salaries 325.

INTLAIS −− See Fee Tail Lands.

INTESTATES' ESTATES.

Distribution of personal estate, except slaves 444. Wife's part 444. Children's part 444. Heir at law to have equal share 444. Children dying intestate, in the mother's lifetime 444. Where no children or representatives 445. Who may be representatives 445. Where the intestate dies without wife 445. Widow's dower of slaves 445. How to be recovered 445. Held and determined, vested in the heir 445. Also the other slaves, but he must account with the other children for the appraised value 445. Former titles, in slaves, confirmed 445. −− Widow, or her husband, permitting dower slaves to be carried out of the country, forfeits them 446. Partition of slaves, how made 446. Proportion, how recovered of heir at law 446. What part of his estate, a testator shall leave his wife 447. How she may renounce the will 447. Within what time 447. −− When distribution shall be made 448. Widow's dower in lands 448. Except where there is a jointure 448.

INVASIONS AND INSURRECTIONS.

Act providing against, continued 24. Further continued

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and amended 99. Further continued 228.

INVENTORIES.

To be returned, by executors and administrators 462.

ISLE OF WIGHT.

County, court day altered 371.

JAMES CITY.

County of, and York, to pay sergeant and constables 264. Sheriff of, authorised to summon jurors, in any part of Williamsburg 386.

JAMES RIVER.

The courts of Henrico, Prince George, Amelia, Goochland, and Albemarle, authorised to order the clearing of James and Appomattox rivers 375. Certain funds vested in trustees, for clearing Fluvanna river 377.

JEOFFAILS.

Statute of, declared in force 432.

JOINTURE.

In bar of dower 448.

JUDGMENT BONDS.

Declared void 240. Penalty for appearing under power of attorney with such 241.

JUDGMENTS.

Power of attorney to confess, void 241, 511. Judgments on bonds for payment of money, how to be entered 511.

JURIES.

Qualification of, for trial of convicts 25. Sheriff of James City authorised to summon in any part of Williamsburg 386. Grand juries, when and how summoned 523. Presentments, how made 523. Fines on jurors 524. On courts 524.

On sheriffs 524. Proceedings on presentments 524. Grand juries, at the general court 524. What offences they may present 525. Rules in presentments 525. Sheriff's duty, in summoning juries 525. Fine for neglect 525. Qualification of jurors 525. In the general court 525. In the county courts 526. Not to be challenged after sworn 526.

JURISDICTION.

Of general court 469. Of county courts 491.

JUSTICES OF PEACE.

Not to grant execution against the body 37. May make contracts which will be obligatory on their successors 175.

KENDALL, JOSHUA

Certain intailed lands of John Wallop, vested in 83, 84.

KING.

His power to repeal laws, by proclamation, questioned 432. Form of giving the royal assent to a law 559. Proclamation repealing certain laws passed at the revisal of 1748 p. 567.

KING & QUEEN.

County, part of added to Caroline 185.

KING WILLIAM.

County, court day altered 371.

LANDS.

Vestry of Albemarle parish, in Surry, authorised to sell certain lands 76. Vestry of St. Paul's parish, in Hanover, authorised to sell certain lands 77. Certain intailed lands of John Wallop, in Accomack,

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INDEX

vested in Joshua Kendall 83. Ralph Wormloy authorised to sell certain intailed lands, to raise sister's portions 85, 89. Certain entailed lands, in Charles City, vested in Philip Lightfoot, in fee-simple 111. Certain entailed lands, in King William, vested in Richard Chapman, in fee 114. Surveyors of, not to deliver certificate, copy, or plat of land, but to the person for whom surveyed, unless his fees be refused, or the land be legally forfeited 170. Certain entailed lands, in King & Queen, vested in George Braxton, the younger 214. Frances Greenhill, authorised to sell certain lands in Prince George and Surry, notwithstanding her covorture 216, 219. Disputed bounds of, at whose costs to be laid out 246. −− Mann Page, of Gloucester, authorised to sell certain entailed lands,277, 284. John Belfield authorised to sell certain lands, notwithstanding his infancy 285. Peter Hedgman authorised to apply rents of certain lands, to payment of debts of William Brent 292. Entail of certain lands docked and vested in Francis West 297. Certain lands of George Carter, in Prince William, Frederick, and Fairfax, vested in trustees, to be sold 300. Certain lots, in Tappahannock, vested in the purchasers 305. Certain lands in King William, entailed

on Wm. Banks, vested in John Norton 306. Glebe lands, in Hungar's parish, in the county of Northampton, vested in trustees to be sold 390. George Eskridge authorised to sell certain lands, in Westmoreland 392. Entail of certain lands in Gloucester, of the estate of Thomas Todd, docked 395. Entail of certain lands, in Gloucester, of the estate of John Smith, docked 397. How and when deeds for lands shall be acknowledged, or proved and recorded 408. In what courts 408. Within what time 409. Number of witnesses 409. Livery of seizen 409. Former deeds valid, though not recorded 409. −− When void as to creditors 409. Yet binding between the parties 410. Deed by husband and wife, passes the estate of the wife 410. Relinquishment of dower, how taken 410. Effect of 410. −− Privy examination must be recorded 411. Memorials to be certified and recorded 411. Former conveyances confirmed 412. Estates tail, can only be barred, by act of Assembly 414. Exceptions, as to estates under a certain value 414. Proceedings, by writ of ad quod damnum, in such cases 415. Limitation of real actions 415. Process in writs of right and real actions 416. Confirmation of former patents 417. Patents to be recorded 417. Surplus

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INDEX

land to be granted to patentee 417. Double patents 418. −− Improvements 418. Lapsed land, when and how 418. −− by judgment of general court 418. Method of petitioning for 419. Summons and other proceedings 419, 420. Proviso in favor of infants and non-residents 420. Limitation of petitions for lapsed land 421. Swamps, marshes, and sunken grounds, how obtained 421. Certain patents for, void 422. Saving to infants 422. Surplus lands, how obtained 422. Allowance for variation of instruments 423. Privilege of tenant in tail, or by the curtesy 423. Liable for quit-rents 424. Surveys of land, how and by whom made 424. −− What deemed a seating and planting 424, 425. Once made, forever valid 426. −− Processioning of lands, when and how made 426, 427, 428. Bounds three times processioned, shall never be altered 428. Saving to heirs and persons under legal disabilities 429, 430. Penalty for unlawful hunting 430. What good evidence, in prosecutions for 431. Fire-hunting, penalties for 431. Devise of, must be in writing, and how attested 456.

LAPSED LANDS.

Where land shall lapse, for want of seating and planting 418. Proceedings to obtain lapsed land 419, 420. Saving to infants and non residents 420.

Limitation of petitions for 421.

LAWNS CREEK.

Parish of, in Surry, divided 75.

LAWS.

Act for revisal of 321. Committee appointed 321. What number may act 321. Vacancies, how supplied 322. when to meet 322. No discontinuance 323. New members, how admitted 323. Power of committee to send for persons, papers and records 323. Present laws to remain in force, till altered by Assembly 324. Revised laws, to have formal readings, &c. 324. Representation against repeal of certain laws 432. Form of giving the royal assent to 559. Proclamation repealing certain laws, passed at the revisal of 1748 p. 567.

LEEDS.

Town, in King George, established 193.

LEVIES.

Slaves not to be seized for payment of 37. No action to be brought for 37. Settlers on Roanoke, called the southern boundary exempted from 57. Persons not cultivating tobaoco, allowed to pay levies in money 168. Regulations concerning 169. May be laid by county courts 175.

LIGHTFOOT, PHILIP

Certain entailed lands, in Charles City, vested in 111, 114.

LIMITATION.

Of presentments, by grand juries 226.

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590

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Of actions real 415. Act for limitation of actions 513. Limitation of various 513, 514. Exceptions 514.

LIQUORS.

Act laying duties on, further continued 26. Further allowance for leakage 27. Not to extend to certain appropriated duty 27. Master or owner may detain for duty 27. Liquors, when seizable 27. Act laying duty on, continued 161. Further continued 236. Acts laying duties on, reduced into one 310, 318.

LIVERY OF SEISIN,

Must be recorded with deed 409.

LOUISA.

County, formed from Hanover 208. Boundaries 208. −− Court days 209. Court day altered 265.

LUNENBURG.

County, formed from Brunswick 383. Boundaries 383. Court days 383. Public levies and fees in, how payable in tobacco 382. Surveyor, to reside in 382.

MARINERS.

Exempted from payment of tythes 36. How they may make a will 457.

MARSHES −− See Swamps.

MEMORIALS.

Of deeds, to be sent to the secretary's office, and there recorded 411.

MILITIA.

Who shall be enrolled in 16. −− Certain evempts, to furnish a substitute 16, 17. Others wholly exempted 17. How militia to be armed 17. Mulattoes,

not to bear arms 17. Duty of officers, and punishment of disobedient soldiers 18. Provision, for going armed to church, and appointing patroles 19. Courts martial 19. Fines 20, 22. Arms, how furnished 21. Exempted from seizure, or distress 21. Exempted overseers and millers, not to appear at musters 29. Sheriff, failing to collect fines 23. Oaths of officers 23. Adjutant general ferry free 23. Exceptions as to Williamsburg 23. Inhabitants of the borough of Norfolk, not compellable to serve in the militia of the county 81. Nor sailors, in actual service 81. All soldiers to give their personal attendance at musters 91. Company musters 91. General musters 91. Fines 91. Power of courts martial to remit 91.

MILL-DAMS.

How roads passing over, to be kept 34. Penalty on owner or occupier, for neglect 34.

MILLERS.

Exempted from militia duty, not to appear at musters 22.

MILLS.

Owners of, to keep roads in repair, crossing their dams 34. Persons intending to build, how to proceed 359. Where he owns the land on both sides the water-course 360. Not to extend to mills heretofore built 360. Saving, as to owners of old mills 361. How fee simple acquired in entailed

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lands 361. Time allowed for rebuilding mills destroyed 362. Jury to fix bounds of acre condemned 362.

MONEY.

Premium, for importing 316.

MORTGAGES.

How to be executed, proved, & recorded 409. All former declared valid 409.

MULATTOES.

Not to bear arms 17. When witnesses 245.

MUSTERS.

Of militia, when to be 18. Exempted overseers and millers not to appear at 22. Company musters 91. General musters 91.

NANSEMOND.

Act for the relief of suffers, by loss of the records of 72, 75. Further act for the relief of 183. Indians authorised to sell certain lands 270, 273. −− Court day altered 371.

NATURALIZATION.

Letters of may be granted, to encourage settlers on Roanoke, as a frontier 58.

NEWCASTLE.

Town of, purchasers from Wm. Meriwether confirmed in their titles 257, 258. Wooden chimnies not to be built in 387. Hogs not to run at large, in town of 387. Fairs to be kept in 388.

NEW-PORT.

Vestry of, parish of, dissolved 380.

NEW-TOWN.

In Princess Anne, established 106. Hogs not to run at large in 387.

NON-SUIT.

Costs on 477.

NORFOLK.

Inhabitants of the borough of, not compellable to serve in the militia of the county 81. Court day of, altered 371.

NORTON, JOHN

Certain lands, in King William, entailed on Wm. Banks, vested in 306.

NOTTOWAY.

Indians, authorised to sell certain lands 270, 273.

NUNCUPATIVE WILLS.

Rules concerning 456, 457.

OATHS.

Of inspectors of tobacco 12. Of militia officers 23. Of inspectors 131. To be taken by sheriffs and constables, in relation to tobacco 151. And by inspectors 152. Of attornies 182. Oath altered 346. Of executors 459. Of administrators 459. Of judges of general court, at common law, and in chancery 468, 469. Of justices of the peace 489, 490. Of insolvent debtors 538.

ORANGE.

County, divided, and Frederick and Augusta formed, from that part, lying westwardly of the Blue Ridge to the utmost limits of Virginia 78, 80.

ORDINARIES.

Penalty for suffering gaming at 103.

ORPHANS.

Guardians of, when to account 100. Duty of courts 101. −− Custody of, may be bequeathed

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by will 449. Duty of Guardians 449. Provision for poor orphans 452. Must be bound apprentices 452. Debts due to orphans from guardians, to be first paid 453.

OUTLAWRY.

Proceedings on, in civil actions 476.

OVERSEERS.

Liability of, for refused tobacco 140.

PAGE, MANN

Of Gloucester, authorised to sell certain entailed lands 277, 284.

PARISHES.

Southwark and Lawn's Creek, in the county of Surry, divided 75. Albemarle parish formed 76. Vestry of Albemarle authorised to sell certain lands 76. Vestry of Saint Paul in Hanover, authorised to sell certain lands 77. Saint Mark, in the county of Orange, divided, and Saint Thomas formed 96. −− St. Martin's, in Hanover, divided, and Fredericksville formed 211. Bristol, in Prince George, divided, and Bath formed 212. Vestry of Stratton Major, in King & Queen, authorised to sell the Glebe, and purchase a more convenient one 251. Of St. John, and St. Margaret, in King William, divided, and Saint David's formed 254, 255. −− Hamilton parish, in Prince William divided, and Dettingen formed 259. Bath, in Prince George, divided, and

part added to Bristol 261. −− Of St. Martin, to pay certain tobaccoes to Feedericksville 262. St. James's in Goochland, divided, and St. Anne's in Albemarle, and St. James Northam, and Southam, in Goochland formed 267. Suffolk parish, in Nansemond, altered 269. Vestry of Truro parish, in Fairfax dissolved, and a new one to be elected 274. Election of vestries of St. Anne and Truro confirmed 380. Saint Andrew, in Brunswick & Lunenburg divided, and Cumberland formed 383. Glebe lands of Hungars, in Northampton, vested in trustees to be sold 390.

PATENTS.

To be recorded 417. Double patents 418. Surplus land to best in patentee 417.

PATROLLERS.

When and how appointed 19.

PEDLARS.

To be licensed 54. License, how obtained 55. Fees for 55. Penalty for trading without 55. Act concerning, explained and amended 355.

PERJURY.

To take a false oath, on application for certiorari 349.

PERSONAL ESTATE.

Of persons dying intestate, how distributed 444, 448.

PETITION & SUMMONS.

Mode of recovering small debts 498.