Pages 544-570 ======   ======  Pages 582-594 

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INDEX

TO THE

SIXTH VOLUME

OF THE

Statutes at Large.

======




ABATEMENT.
      Pleas in, rules concerning 336
ACCESSARIES.
      In horse-stealing, how punishable 130. May be prosecuted, Although the principal felon be not convicted 130.
ACCOUNTS.
      Store, how proved 53. Limitation 54. Defendant may contest such proof 55.
ACCOUTREMENTS.
      Of the militia, of what to consist 531.
ACTIONS.
      Of debt on protested bills of exchange 86. So, on notes 86. So, on bonds, bills, or notes assigned 87. By ministers, for disturbance in their benefices 96.
ACTS OF ASSEMBLY.
      Certain acts repealed 131, 132.
ADIE, HUGH
      Act for relief of, and Nathaniel Harrison 280.
ADJUTANT GENERAL.
      His privileges, in passing ferries 541.
ADMIRALTY.
      Act concerning seamen, not to affect the jurisdiction of 28.
AGE.
      Of children imported, how adjudged 41.
ALBEMARLE.
      County, part of, on south side James River added to Bedford 441. Mode of holding courts in, altered 201. Expiration of act 231.
ALEXANDER, GERARD
      Intail of certain lands, in Fairfax, whereof he is seized, docked 399.
ALEXANDRIA.
      Fairs allowed in town of 286. Privileges at 287. Act for, revived 499.
AMELIA.
      County divided, and Prince Edward formed 379. Boundaries 380. Court days 380.
APPEAL.
      Allowed, on convictions for gaming 79. To general court 329, 339. Errors, how assigned 339. Damages on 340. Limitation of 340. Judgment in 340.
APPEARANCE.
      In personal actions, without bail 331. By engagement of attorney 331.

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572

INDEX
A.

 A.

APPOMATTOX.
      River, act for clearing 291. Power and duty of trustees 292, 293. Bridge over, to be built by subscription 293.
APPRIASEMENT.
      Of articles impressed, for military purposes, how to be 115.
APPRENTICES.
      What poor children may be bound 32. To serve our their full time 368. Of the militia, fines on, how collected 539.
ARMISTEAD, JOHN
      Authorised to dispose of certain intailed lands, for performance of his father's will 405.
ARMISTEAD, WILLIAM
      Agreement between, and Philip Johnson, concerning certain lands, confirmed 412.
ARMS.
      Found in custody of negro, mulatto or Indian, may be seized 109. Exception 110. Militia to find their own 116. When the public to provide 118. Of officers, of the militia 537. Of privates 537. Time allowed to provide 537. Exempted from executions and distresses 538.
ARMY.
      Raised by impressment, for French war 438. Power of justices to levy soldiers by warrant 438. Who exempted 439. Their pay 439. Provision for, if wounded 439. Further preparations for supporting, by instituting a lottery 553. Act for raising revenues for, explained 461. Rangers to be enlisted or drafted of young men of the militia, who have not wives or children 465. Further provisions,
for raising 521. Encouragement to enlist 525. Remedy against fraudulent arrests, in those enlisted 525. Act of limitations, not to run, in favor of soldiers, while priviledged from arrests 527. Militia who have not wives or children to be drafted 527. Wounded in the service, to be supported by the public 527. Rewards to officers and privates, who behaved gallantly, in the late engagement on the Monongahela 528. Treasury notes, to be emitted 528. Their currency and redemption 529. Act for better regulating and training the militia 530. Act amending the act for making provision against invasions and insurrections 544. Duty of officers, on notice of 544. To call a council of war 545. Fines for various offences 546. Correspondence with enemy felony 546. Liability to martial law 546. Courts martial how constituted 547. Disobedience how punishable 547. Limitation of punishment 548. Protection of officers if sued 548. Militia not to be marched more than five miles beyond inhabitants on western frontiers 548. Officer not permitted to resign, when called into service 548. Pay of officers and soldiers 548. Of the cavalry 549. Of the infantry 549. Of smiths wheelwrights, carpenters, and other artificers 549. For waggons, boats &c. 549. Rewards, for Indian prisoners, or Indian scalps 551. Punishment

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573

INDEX
A.

 A.

of mutiny, desertion, and disobedience 560. Special courts martial may be authorized by the governor 560. Of what number to consist 560. Their oath and that of their clerk 561. What number must concur in sentence 562. Within what hours, court to sit 562. Party, accused to have a copy of his sentence 562. Record of proceedings to be transmitted to governor, and sentence respited, until his pleasure be known 562. Power of magistrates to apprehend deserters 562. Constables charged with, may impress men, and horses 563. Penalty to suffer escapes 563. Encouragement to apprehend deserters 563. Penalty to harbour, or deal with them for their arms, or cloaths 563. How recoverable 563. In what actions, defendant may plead the general issue, and give the special matter in evidence 564. Friendly Indians intitled to reward for Indian scalps 564, 565.
ARTIFICERS.
      Pay of 117, 549.
ASSEMBLY.
      Inspectors of tobacco ineligible to 185.
ASSIGNMENTS.
      Of bonds, &c. allowable, and assignees may bring suits in their own names 87.
ATTACHMENT.
      For rent, when it lies 11. Proceedings upon 11. Goods carried off the premises, may be seized within 10 days 11. But not if bona fide sold 12.
ATTORNIES.
      Examiners of, how appointed 140. Licence, how obtained 141. How qualified 141. Penalty for practising without 142. Who incapable of obtaining 142. General court may suspend 142. Barristers exempted 142. Power of county courts over 142. Liable to pay costs, for neglect 142. Those of general court, not to practise in county courts 143. Proviso 143. Exception, as to some courts 143. Only two to argue on a side 143. Except in criminal cases 143. Engagement for defendants 331. Fees of, in general court 336. Fees of, settled 371.
AUGUSTA.
      Encouragement, to settle in county of, on the waters of the Mississippi 258, 355. Salary of minister of parish of, commuted for money 369. County, part of added to Frederick, and Hampshire formed from both 376. Mode of holding courts in, altered 201. Expiration of act 231.
BADGES.
      To be worn by the poor, at a work house 478.
BAIL.
      Rules concerning, in certain county courts 203. In what cases, no bail required 331. Rules where bail required 331. Remedy of Sheriff 332. Of bail 332. Recognizance of, how taken 333. When liable 333. In what cases no bail 332.

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574

INDEX
B.

 B.

BALLAST.
      Regulations, for unlading 98, 100.
BANNS.
      Publication of, previous to marriage 82.
BARRISTERS.
      Their privileges 142.
BASTARDS.
      Servant women having, rules concerning 360.
BEASTS.
      Trespasses by unruly, penalty on owner 38.
BEDFORD.
      Officers' fees due in, payable in money 372. County formed, from Lunenburg 381. Boundaries 381. Court days 381. Part of Albemarle and Lunenburg, added to 441.
BEEF.
      Inspectors of appointed, their duty 147. How inspected 147, Contents of barrel of 148. Regulations for exporting 150.
BEGGARS.
      To be sent to work-houses 476. How governed 477.
BILLS.
      Actions of debt may be maintained on 86. So, by assignee 87.
BILLS OF EXCHANGE.
      Damages on protest 85. How judgment to be entered 86. Protested, to have force of judgments 86. Action of debt may be maintained on 86. Defendant may prove discounts 87. Currency paid for sterling, to be expressed in 479. Penalty 480. Drawer may exhibit a bill in equity
to discover true amount 480.
BLISLAND.
      Vestry of parish of, in James City and New Kent authorised to sell certain lands, and lay out the money in communion plate, and church ornaments 393.
BOATS.
      Penalty for taking without leave 40.
BOLLING'S POINT.
      Warehouse, act for relief of proprietors, whose tobacco was burnt in 485.
BONDS.
      Assignee of bonds, bills, and notes may maintain an action in their own names 87. But must allow all just discounts 87.
BOOK-DEBTS.
      Method of proving store accounts 53. Limitation 54, 55. Ex'rs. or adm'rs. may prove in like manner 54. When a copy may be given in evidence 54. Defendant may contest such proof 55.
BOUNDARIES.
      Of lands, how to be marked by surveyors 35.
BRIBERY.
      In inspectors of tobacco, how punishable 185. On the person offering it 186.
BRIDGER, JOSEPH
      Intail of certain lands, whereof he is seized docked 448.
BRIDGES.
      How erected, and kept in repair 66. Owners of iron works may take timber for 138. Bridge over Pagan creek, to be erected 288. Over Appomattox,

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575

INDEX
B.

 C.

by subscription 293. One to be erected over Hog Island creek 495.
BROKERAGE.
      Rates of 103. Penalty for exceeding 104.
BROMFIELD.
      Parish in Culpeper, formed from St. Mark and St. Thomas 256.
BRONAUGH, WILLIAM
      Lieutenant, reward to, for his gallant conduct, in the late engagement on the Monongahela 528.
BRUNSWICK.
      County, mode of holding courts in, altered 201. Expiration of act 231.
BURGESSES.
      Inspectors of tobacco, ineligible to house of 185. Wages of, payable in money 251, 373, 422, 432, 570. At what time 251, 374, 423, 433. To be paid by their respective counties 497. Travelling expenses, how adjusted 498. Wages of, how and when payable 555, 570.
CADOWGAN, WILLIAM
      Certain lands, devised by, in upper parish of Nansemond, to be sold 266.
CAPE HENRY.
      Light house to be erected at 227. Duties to be paid by masters of ships 228.
CAPITOL.
      Treasurer authorised to borrow money, for the purpose of rebuilding 196. Persons appointed to contract for 197. Directors, their power and duty 198.
CASE ARGEED.
      When to be argued in general court 336.
CATTLE.
      Trespasses by unruly, penalty on owner 38. Duty of drivers, passing through the colony 124. Must produce manifests, take an oath, &c. 125. Penalty, for neglect 125. Sheriff's duty and fees 125. Appropriation of seizure 126. Persons excepted 126.
CERTIFICATES.
      And plats of survey, when and where to be returned 35, 36.
CERTIORARI.
      Rules, in issuing 330, 340, 341, 342. Punishment for false oath, on 341.
CHAIN-CARRIERS.
      On surveys, to be sworn 36.
CHAMBERLAYNE, THOMAS
      Intail of certain lands, in James City, docked, and vested in 319.
CHANCERY.
      Rules of practice in county 207. In the general court 345 to 349.
CHEATS.
      At gaming, how punishable 79.
CHEW, ROBERT
      Intail of certain lands, in Middlesex, docked, and vested in 402.
CHILDREN.
      Ages of imported, how adjudged 41. Bond or free according to the condition of their mother 357.
CHURCHWARDENS.
      Their duty in transferring the

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576

INDEX
C.

 C.

poor to their own parish 31. In receiving them 32.
CLERGY−−See MINISTERS.
      Act for support of 88. Salary 88. Levy for 88. Repairs by 89. Entitled to all the spiritual and temporal benefits of the parish 90. Action for disturbance 90.
CLERGY, BENEFIT OF
      When allowed to slaves, when not 105, 106. Third offence of hog-stealing 123.
CLINCH, REBECCA
      Wife of William, intail of certain lands whereof she is seized, in Charles City, docked, 297.
COLCHESTER.
      Town of, in Fairfax county, established 396.
COLLECTORS.
      Of customs, their duties and fees 96. Of land and poll-tax, when to be appointed 567.
COLLEGE.
      Of William and Mary, duties for support of 91.
COMMON LAW.
      Rules of practice at, in certain county courts 205.
CONSPIRACY.
      In slaves, to rebel or murder, felony without clergy 105.
CONSTABLES.
      Conducting runaways, how ferriages to be paid 22. Duty of, in preventing the tending of seconds of tobacco 51, 52. Duty of, in suppressing unlawful assemblies of slaves 109. Power and duty of, charged with deserters 563. Penalty for suffering escapes 563.
CONTRACTS.
      Between master and servant, when void 358.
CONVICTS.
      Incapable of obtaining license to practise law 142.
COPLE.
      Vestry of Parish of, in Westmoreland county dissolved 517.
CORN, INDIAN
      Price of, limited 553.
CORRESPONDENCE.
      Felony to hold with enemy 546.
COSTS.
      In cases of Usury 103. When prosecutors are to pay 246.
COUNCIL OF WAR.
      To be held, on notice of invasion, or insurrection 545.
COUNCILLORS.
      Process against 330.
COUNTERFEITING.
      Notes, stamps, or receipts of inspectors 167.
COUNTIES.
      Lunenburg divided, and Halifax formed 252. Boundaries 252. Court days 253. Prince George, divided, and Dinwiddie formed 254. Boundaries 255. Court days 255. Frederick and Augusta divided, and Hampshire formed 376. Boundaries 377. Court days 377. Amelia divided 379. Prince Edward formed 380. Boundaries 380. Court days 380. Lunenburg again divided and Bedford formed 381. Boundaries 381. Court days 381. Surry divided and Sussex formed 384. Boundaries 384. Court days 384. Part of

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577

INDEX
C.

 C.

Albermarle and Lunenburg added to Bedford 441.
COUNTY COURTS.
      Method of holding, in Brunswick, Fairfax, Lunenburg, Frederick, Albemarle, and Augusta, altered 201. Rules of proceeding in 201, 210. Process and proceedings in, between commencement and expiration of act, declared valid 231. Actions against justices of, jointly 336.
COURTS.
      Method of holding, in Brunswick, Fairfax, Lunenburg, Frederick, Albemarle, and Augusta, altered 201. Quarterly courts, in 202. Rules concerning attachments 202. Bail 203. Defendant in custody 204. Process when defendant is not found 204. rules of practice, at common law 205. In chancery 207. Same fees for rules, as orders 210. Grand juries 210. Orphan's court 210.
COURTS MARTIAL.
      How constituted, their power and duty 534, 535. What fines they may impose 535, 536. How appointed, in times of invasion and insurrection 547. Officers of, to take an oath 547. Form of oath 547. To appoint a clerk 547. His oath 547. Governor may grant a commission, for holding a court martial 560. Of what number court to consist 561. Members of court to take an oath 561. Form of oath 561. Court to appoint a clerk 561. His oath 561. What number must concur
in sentence 562. Within what hours court to sit 562. Party accused to have a copy of his sentence 562. Transcript of proceedings to be sent to governor, and sentence respited, until his decision thereon be known 562.
CRAIG, JAMES
      Surgeon, reward to, for his gallant conduct, in the late engagement on the Monongahela 528.
CREEKS.
      And rivers, act for clearing 69.
CRIMINALS.
      Slaves, how tried 105. Judgment and execution 106.
CUMBERLAND.
      Parish of, in Lunenburg divided and Russel formed 382. Fort to be garrisoned 463.
CUSTODY.
      Proceedings against defendant in 333.
CUSTOMS.
      Regulations, for securing, and preventing frauds in 94, 98.
DAMAGES.
      For pound breach or rescous 10. On protested bills of exchange 86. How recoverable 87. On appeals 340.
DANDRIDGE, WILLIAM
      Intail of certain lands, in King William, docked, and vested in 321.
DANDRIDGE, NATH. W.
      Intail of certain lands whereof he is seized, in King William, docked 428.
DANSIE, THOMAS
      Authorised to receive ferriages for passing to and from the causeway near Claiborne's

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578

INDEX
D.

 D.

ferry, between King William and New Kent 425.
DEAD BODIES.
      Penalty for casting into rivers and creeks 101.
DEBT.
      For rent, when it lies 12. On protested bills of exchange 86. On notes 86. By assignees of bonds, bills, or notes 87. Tobacco debts, payable in money 569. Limitation of this last act 569.
DEBTORS.
      Persons carrying, out of the county, without licence, liable for their debts 45.
DEBTS.
      In what cases, debts contracted for retailed liquors not recoverable 74. All gaming void 76.
DEPOSITIONS.
      Of witnesses, when may be taken 337.
DESERTION.
      How punished, in officers and soldiers 546. Further punishment of 560. Power of magistrates to apprehend deserters 562. Power and duty of constables charged with such 563. Rewards for apprehending 563. Penalty for harbouring or dealing with, for arms or cloaths 563.
DINWIDDIE.
      County, formed from Prince George 254. Boundaries 255. Court days 255.
DISCOUNTS.
      May by proved by defendant, on trial 87.
DISMEMBERING.
      Of slaves, when allowed 111.
DISOBEDIENCE.
      In officers or soldiers, how punishable 547.
DISTRESS.
      For rent, how made 9. May be replevied 9. For tobacco, within certain periods 10. Wrongful distress, remedy for 10. Pound breach or rescous of goods distrained 10. Goods carried off the premises, when distrainable 11. But not if bona fide sold 12. Distress, after lease determined 12. Proviso 12. Further proviso 12. When officers' fees and public dues distrainable 171.
DOCKETS.
      Of causes, in general court, how made out 328.
DOGS.
      Not to be carried by slaves 295. Sheep-killing may be destroyed 295, 489. Number limited to a negro quarter 489. Exception 489.
DRAFTS.
      For French war, 438. Of unmarried men, for rangers 465. Of the militia, who have not wives or children 527.
DRAWBACK.
      On horses exported, 127. How secured, 128.
DRINK.
      What tavern debts for, void 74.
DRIVERS.
      Of cattle, regulations concerning 124.
DUTIES.
      On hides, skins, and furs exported, for support of William and Mary College, 91. How collected and paid, 91, 92. On tobacco exported, 92. How

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579

INDEX.
E.

 E.

collected, 93. Salary of collectors, 94. Bonds to be given by masters of ships entering or lading for exportation, 95. To whom duties paid, 96. Power of officers of customs, 96. Collector's fees, 96. Naval officers, 97. Duty on horses imported, 126. How collected, 127. Drawback, 127. On liquors continued, 193. On slaves, revived, 217, 253. How collected and accounted for, 218, 221. Additional on liquors, continued, 222, 354, 471. Additional on slaves, carriages, ordinary licenses, and law process, to raise funds for the protection of the settlers, on the waters of the Mississippi, against the French and Indians, 419, 420, 436, 437, 461, 466, 467. Duties continued, 468.
EMANCIPATION.
      Of slaves, how obtained, 112.
ENEMY.
      Felony to hold correspondence with, or give intelligence to 546.
ENTAILS.
      See Fee-Tail and Lands.
ENTRIES.
      For land, how to be made, 33. How a surveyor may enter for himself, 34. Rules in special cases, 34. How surveyed, 35. Entries of persons not attending surveyor, within one month after notice, void, 36.
ERROR.
      Writ of, how obtained, 339, 340.
ESCAPES.
      Sheriffs, their executors or administrators, liable to plaintiff,
his executors, or administrators, for voluntary escapes, 345.
ESTRAYS−−See Strays.
EVIDENCE.
      When and in what manner store accounts may be given in evidence, 53, 55. On negroe, mulatto, or Indian, giving false testimony, 106. When they may be witnesses, 107.
EXAMINERS.
      Of attornies, how appointed, 140.
EXCHANGE.
      Rate of, to be fixed by courts, on rendering judgments, for sterling debts, 479.
EXECUTION.
      Rent to be paid before execution satisfied, 10. Proviso, 10. Remedy against sheriff or officer, for not paying money received on 344.
EXEMPTS.
      In the militia, who 531. But must furnish arms, 532. Overseers and millers exempted, not to appear at musters, 538.
EXPRESSES.
      Public, exempt from ferriages, 21. Messengers, and expresses, 117.
EXUM, ELIZABETH
      Certain lands of which she is seised, vested in justices of Southampton, 283.
EYRE, LITTLETON
      Certain lands in Northampton, vested in 443.
FACTORS.
      By whom goods sold, to be mentioned in the declaration, or petition, 481. Limitation of actions by, 481. Exception, 481. Lawyers fee to be taxed, 481.

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580

INDEX.
F.

 F.

FAIRFAX.
      County, mode of holding courts in, altered, 201. Expiration of act, 231.
FAIRS.
      In the town of Winchester, in Frederick county allowed, 269. Privileges at 269. In Alexandria, 286. Act allowing in Fredericksburg and Richmond, continued, 300.
FALMOUTH.
      Trustees of town of appointed, 282. Their power and duty, 282.
FEES.
      For keeping ordinary, 73. Of minister's for marrying, 84. For a funeral sermon, 84. Of collectors, 96. Of naval officer, 97. Of Virginia owners, 97. Penalty on officer taking greater, 97. Table of fees to be set up, 98. Of public goaler, 136. Of inspectors of pork, beef, flour, tar, pitch, and turpentine, 148. How paid in tobacco, 168, 171. When distrainable, 171. When to be accounted for, 172. Remedy against sheriffs, 172. Act for collecting officers, continued, 200. Further continued, 244. Of inspectors of lumber, 234. Act for, continued, 244. For Pedlars' licenses increased, 244. Of attornies in general court, 336. For runaways, 367. Of attornies settled, 371.
FEE-TAIL.
      Intail of certain lands in Charles City, whereof Rebecca, wife of William Clinch is seised, docked 297. Certain intailed lands in Hanover, vested in Rueben Skelton, and others
settled to the same uses, 300. Intail of certain lands in Isle of Wight, whereof Arthur Smith is seised, docked, and a mill with other lands, settled to the same uses, 308. Intail of certain land in Hanover, whereof David Garland is seised, docked, and other lands and slaves settled to the same uses, 311. Certain intailed lands in King William and Middlesex, vested in Henry Washington, 314. Intail of certain lands in James city, docked, & the same vested in Thomas Chamberlayne in fee-simple, and other lands settled to the same uses, 319. Intail of certain lands in King William, docked, and vested in William Dandridge, in fee-simple, and other lands and slaves settled to the same uses, 321. Intail of certain lands in Fairfax, whereof Gerard Alexander is seised, docked, and other lands and slaves settled to the same uses, 399. Intail of certain lands in Middlesex, docked, and vested in Robert Chew, in fee-simple, and other lands and slaves settled to the same uses, 402. John Armistead authorized to sell certain intailed lands, in Essex, of the inheritance of his mother, late Susannah Meriwether, for the performance of his father's will, 405. Intail of certain lands in Gloucester, whereof Lawrence Smith is seised, docked, and other lands and slaves settled to the same uses, 407. Intail of certain

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581

INDEX.
F.

 F.

lands in King William, whereof Nathaniel West Dandridge is seised, docked, and other lands settled to the same uses, 428. Certain intailed lands in Northampton, vested in Littleton Eyre, in fee-simple, 443. Intail of certain lands in Nansemond, docked, and vested in Thompson Swann, and other lands and slaves settled to the same uses, 446. Intail of certain lands in Isle of Wight, whereof Joseph Bridger is seised, docked, the lands sold, and the proceeds laid out in other lands and slaves to be settled to the same uses, 448.
FELONY.
      Trial of slaves for 104. What offences felony, 105. When clergyable, when not, 105, 106. Third offence of hog-stealing, 123. Malicious maiming and wounding, 250. To steal a slave, 369. To hold correspondence with the enemy, 546. To kill a friendly Indian, 552.
FENCES.
What deemed lawful, 38. Proceedings upon beasts breaking, 38, 39, 40.
FERRIES.
      Public ferries established, and rates for men and horses, 13, 14, 15, 16, 17, 18, 19. For carriages, tobacco, cattle, &c. 19, 20. Penalty for exceeding legal rates, 20. County courts may establish opposite ferries, 20. May contract for passage of militia, 20. Saving to persons exempted, 21. Court may regulate boats and
hands, 21. Ferry keepers to give bond, 21. What deemed public expresses, 21. Adjutant General exempt, 22. Constables conveying runaways, how ferriage paid, 22. Privileges of ferry-keepers, 22, 23. May keep an ordinary, 23. Penalty on others taking ferriage, 23. New ones established, 289. Free ferry at Port Royal, 296. New ferries established, 375. Thomas Dansie authorized to receive ferriages for passing to and from the causeway near Claiborne's ferry, between King William and New Kent, 425, 426. New ones established, 494. Restrictions as to setting over persons from Northampton to York, Hampton, and Norfolk, 496.
FINES.
      On county courts, or vestry, rules for prosecuting, 336. On the militia, for various delinquencies, 535, 536. Incurred by infants and apprentices, how collected, 539. Power and duty of sheriffs, in relation to 539.
FLOUR.
      Inspectors of, how appointed, their duty, 147. How to be inspected, 149.
FORGERY.
      Of tobacco notes, how punishable, 167.
FREDERICK.
      County, mode of holding courts in, altered, 201. Expiration of act 231. Parish of Frederick county dissolved, 258. Salary of minister commuted for money, 369. County divided, and Hampshire formed from that and part of Augusta, 376.

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