Hening's Statutes at Large

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INDEX.

RENTS.

Goods distrained for rent, how disposed of, 9. Distress, for tobacco, 10. Wrongful distress, 10. Pound breach or rescous, 10. Rent to be paid, before execution satisfied, 10. Proviso 11. Attachment against tenant removing, 11. When goods carried off the premises may be distrained, 11. Except bona fide sold, 12. Debt for rent, when it lies, 12. Rent distrainable for, after determination of lease 12. Proviso 12. Saving debts due to the king, 12. Of public warehouses reduced, during the French war, 568.

REPEAL.

Certain acts of Assembly repealed 131, 132.

REPLEVIN.

For rent, 9. Pleas in, how many allowed, 336.

RESCOUS.

Damages for, 10.

RESIGNATION.

Penalty on officers for, to avoid a call into actual service 548.

RETALIATION.

On Indians, for their cruelties and murders 550. Reward for scalps 551. Friendly Indians entitled to the reward 565. How to be obtained 565.

REWARDS.

For making tar and hemp, 144. For killing of wolves 152. To Col. George Washington, and others, for their gallant conduct, in the late engagement, on the Monongahela, 528. For Indian prisoners, 551. For Indian scalps 551.

RICHMOND.

Trustees of town of, appointed, 281. Fairs continued in 300.

RIVERS AND CREEKS.

County courts may extract for clearing, 69. Exceptions 70. Penalty on setting weirs, or felling trees in 70. Or hedges, or stone stops 70. Exceptions 71. Act for clearing Appomattox and Pamunkey 291. So, as to Mattapony, 394.

ROADS.

How established, width of, and how cleared 64. Jurisdiction of county courts 65. Where a road is necessary from one county to another 65. Surveyors, or overseers of, how appointed 65. Their duties, and penalty for neglect 66. How bridges shall be erected and kept 66. Contracts of county courts obligatory on their successors 67. Width of mill-dams, over which a road passes 67. Bridges and passages over, to be railed in 68. Sign posts to be erected 68. Penalty for neglect, or for defacing, 68. To and from iron-works 137. Persons employed at iron-works, exempted from working on 137.

RULES.

For pleadings, in the general court 335.

RUM.

Additional duty on, and other distilled spirits, not the produce of the British sugar islands 471.

RUNAWAYS.

Ferriages of, how paid 22. Seamen 24. Rewards for taking up 363. Proceedings on, 363.

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596

INDEX.

Constable's duty 363. Not telling owner, to be committed 365. Proceedings, on commitment 364. Property, how proved 365. Where no owner appears, 366. Where runaway has crossed the bay, 366. Where they are from Maryland, or N. Carolina, 366. Officers may impress assistants, 367. Prison fees, 367. Servants to repay all losses, 367.

RUSSEL.

Parish, formed from Cumberland, in Lunenburg county, 382. New modelled, 442.

ST. ANDREW.

Parish of divided, and Meherrin formed, 386. Vestry of dissolved and a new one elected, 502.

ST. MARK.

Parish of, in Culpeper, divided, and Bromfield parish formed from that and part of St. Thomas, 256.

ST. PATRICK.

Parish of formed from Nottoway, 504.

ST. THOMAS.

Parish of in Culpeper, new modelled, and Bromfield parish formed from that and St. Mark, 256.

SCALPS.

Of Indians, reward for 551. How the reward to be obtained, 551. Reward extended to friendly Indians 565. Reward to cease, on governor's proclamation of cessation of hostilities, 565.

SEAMEN.

Deserting, how apprehended 24. Reward for 24. Penalty

for suffering escapes 25. And for harbouring 25. On seamen absenting themselves, without leave 25. On masters of vessels, employing them, without certificates, 25. Seamen travelling without, may be taken up, 26. Disobedient, how punished, 26. Mutiny, 26. Duty of commanders, to seamen 27. Complaints of, how redressed, 27. For beating, wounding, &c. 27. Discharging sick or disabled 27. Certificates to be given those discharged, 28. Saving admiralty jurisdiction 28. Exempted, as tithables, 43.

SEARCH.

For tobacco, illegally shipped, 50. Penalty for resisting 50.

SECONDS.

Of tobacco, penalty for tending 51. Duty of constables and courts, in relation thereto 51, 52.

SECRETARY.

His duty, in granting passes, to leave the colony 46, 47. Of the colony authorised to sell certain lands attached to his office, 510.

SERMON.

Funeral, fee for 84.

SERVANTS.

Penalty for marrying each other, or a free person to a servant, 83, 84. How punishable for hogstealing, 122. Rules as to, imported without indentures, 356. Duty of masters to 357. Justices shall receive complaints of 358. Proceedings thereon 358. Contracts between and master void 358. To have property of

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597

INDEX.

their effects 359. Sick or disabled not to be discharged, 359. Freedom dues 359. Who may not have 359. Penalty for dealing with, or a slave, 359. Duty of servants 360. Punishment for resistance 360. For violating penal laws 360. Where women servants, have bastards 360. No white to intermarry with a black 361. Penalty on minister 362. Servants, when free to have a certificate 362. Penalty on harbouring 362. Stolen or forged certificate, punishment for, 362. And on forgery, 362. Runaways, proceedings against 363. Remedy against servants, ignorant of their trade, or occupation 368. Or where they refuse to work, 368.

SETTLEMENT.

What a legal settlement of the poor, 31. How sent to their own parish, 31.

SHEEP.

Act for preservation of 295. Negroes not to carry dogs, 295. Sheep-killing dogs may be destroyed, 295, 489. Act for preservation of, revived 488. To what counties to extend 488. Number of dogs, to a negro quarter limited 489. Exception 489. Trespasses by unruly, penalty on owner, 38.

SHERIFFS.

Duty of, in suppressing unlawful assemblies of slaves, 109. Their duty and fees, in relation to cattle seized 125, 172. When and how to collect and account for public dues and fees 174. To give bond for

collection of public levies or taxes 247. Process against 330. Liability, and remedy of, in case of bail 331, 332. Penalty on, for neglect of duty, 344. For not paying money received, on executions, 344. Liable for escapes 345. Additional bonds to be given, by 482. Forms of 482, 483. How prosecuted 483. Summary remedy against, for quit-rents collected 552. Remedy against, for failing to give security, for collections of Poll-tax and Land-tax, 566. Collectors to be appointed 567.

SHINGLES.

Dimensions of, for exportation, 233.

SIGN-POSTS.

At the forks of roads, how to be erected, 68. Penalty for failure, 68.

SINGLE MEN.

Subject to be drafted, 465, 527.

SKELTON, REUBEN

Certain intailed lands, vested in 300.

SLAVES.

Conspiracy of, to rebel and murder, felony without clergy 104, 105. Or to prepare or administer medicine 105. When clergy may be allowed 105. Where medicines may be administered 105. Trial of slaves 105. Court must be unanimous, to convict 106. Period between judgment and execution 106. Rules in allowing benefit of clergy 106. Punishment for false testimony 106. Charge to witness 107. Slaves on trial, how

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598

INDEX.

defended 107. Value of, condemned and executed, paid by the public 107. In what cases witnesses 107. Not permitted to remain on other's plantation 108. Exception 108. Punishment of persons present at unlawful meetings 108. Duty of sheriffs and constables in suppressing 109. Going abroad without a pass 109. Arms &c. in custody of, may be seized 109. Exception 110. Lifting hand against a free white person 110. Outlaws, may be killed 110, 111. Killing, when dispunishable 111. Incorrigible, may be dismembered 111. Remedy of owner against negligent surgeon 111. Set free, without license, from governor and council may be sold 112. How punished for hog stealing 122. Duty on, revived, 217. How collected, and accounted for 218, 221. Not to carry dogs with them, 295. Exception 295. Act laying duty on, continued 353. Who shall be slaves 356. Penalty for selling free persons as slaves 357. What no discharge from slavery 357. Children bond or free, according to condition of mother, 357. Penalty for dealing with 359. No white to intermarry with black &c. 361. Felony to steal 369. Additional duty on, 466.

SMITH, ARTHUR

Intail of certain lands of which he is seized, docked 308.

SMITHFIELD.

Town of, in Isle of Wight county, established 274.

SMITH, LAWRENCE

Intail of certain lands, in Gloucester, whereof Lawrence Smith is seized, docked 407.

SOLDIERS.

Raised, by impressment, for French war, 438. Who exempted 439. Their pay 439. Rangers to be enlisted, or drafted, from single men 465, 527. Encouragement, to enlist 525. Invalids, how provided for 527. Rewards, for gallant conduct, in late engagement, on the Monongahela 528. Fines on, for various offences, in case of invasion or insurrection 545, 546. In actual service, subject to martial law 546. Punishment for desertion, or mutiny 546. For disobeying orders, at a battery, 549.

SOUTH FARNHAM.

Vestry of, in Essex, authorised to sell their glebe 388.

SOUTHAMPTON.

Certain lands of which Elizabeth Exum is seized, vested in justices of, 283.

SPECIAL BAIL.

Recognizance of, how taken 333. When liable 333. When not required 333.

SPECIAL VERDICT.

In general court, when to be argued 336.

STAFFORD.

Justices of, authorised to levy for Nathaniel Harrison and Hugh Adie, the value of their work, in building a court-house which was burnt 280.

STAVES.

Dimensions of, for exportation, 233.

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INDEX.

STEPHEN, ADAM

Captain, reward to, for his gallant conduct, in the late engagement, on the Monongahela 528.

STEWARD, ROBERT

Captain, reward to, for his gallant conduct, in the late engagement, on the Monongahela 528.

STEWART, WALTER

Lieutenant, reward to, for his gallant conduct, in the late engagement, on the Monongahela 528.

STERLING.

Judgments for, to be discharged at such difference of exchange, as the court shall direct 479. How, and when sterling money may be declared for 479. Currency, paid for bills, to be expressed 479. Penalty for neglect 480.

STOREHOUSES.

Public, how established, and price of storage 60−−64.

STRAYS.

Proceedings, on taking up, 133. Reward 133. Penalty for using, and failing to advertise 133. Where no owner appears 134. Where the value exceeds twenty shillings 134. Printer's fee 134. Taker up not liable for death ro loss 134. who may not take up, 134.

SUMMARY REMEDY.

Against sheriffs, for quit-rents collected, by them 552.

SUPERSEDEAS.

Rules in issuing 330, 340.

SURRY.

County divided, and Sussex formed 384. Boundaries 384. Court days 384.

SURVEYORS.

Of land, and their assistants to give bond 33. And be sworn 33. Consequence of failure 33. Rules, in entries for land, 33. Penalty, for failure of duty 34. How a surveyor may enter for himself 34. Rules in special cases 34. Assistant surveyor not to make entries 35. Where surveyors shall reside 35. Penalty for neglect 35. Duty in making surveys and plats 35. Surveyors book to be inspected 36. And preserved among the records, on his death or removal 36. Chain carriers to be sworn, 36. Notice of surveying 36. Consequence of not attending 36. Surveyor not to deliver a plat but to the owner 37. Exceptions 37. Securities for fees void, 37. Penalties how recoverable 37. Of highways, or roads, how appointed 65. Their duties 65, 66.

SUSSEX.

County, formed from Surry 384. Boundaries 384. Court days 384.

SWANN, THOMPSON

Intail of certain lands, in Nansemond, docked, and vested in 446.

SYM, BENJAMIN

Certain lands devised by, for a free school, vested in justices &c. of Elizabeth city 389.

TAR.

Encouragement for making 144, 146.

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600

INDEX.

Inspectors of appointed, their duty 147. Contents of barrel of 148. Regulations for exporting 150. Inspectors of, not to deal in 484.

TAVERNS.−−See Ordinaries.

TAXES.−−See Duties, Levies.

Called public levies 247. Sheriff to give bond for collection of 247. Additional, for prosecuting the Indian war, 552. How collected and paid 523, 524. Provision for better collecting 566, 567.

TIPLING-HOUSES.

Ordinaries regulated, in restraint of 71. Power of justices to suppress 74.

TITHABLES.

Who shall be tithable 40. Persons exempted 41. How the ages of children imported shall be adjudged 41. List of tithable show taken 41. Penalty on justices not taking 42. On persons not giving in 42. Owner liable where overseer fails to list 42. Penalty on justice failing to list his own 42. When, further time allowed 43. What deemed a fraudulent concealment 43. Mariners exempted 43.

TOBACCO.

Distress, for rent for, within certain periods 10. Masters of vessels intending to load with tobacco, to give bond and take an oath not to injure it 49. Permit not to be granted before 49. Penalty, or for injuring tobacco on board 49. Defendant may be held, to bail 50. Who may give evidence 50. Penalty for resisting a search 50. Penalty

for tending seconds 51. Exception 51. Duty of constables, and courts, in relation thereto 51, 52. Persons at iron-works, not to cultivate 139. None to be exported, till inspected, at a public warehouse 154. Oath of masters of vessels 155. Penalty 155. When tobacco may be seized 156. Penalty on master and skipper 156. On servants 156. Exceptions 157. Manifests, when and how to be made out 158. Penalty for landing, except at the place of destination 158. Inspectors of, how appointed 159. Their oath, and duty 160, 161, 162. Penalty for neglect 162. When to attend 162. When another to be called in 162. Inspectors to give notes 163. Currency of notes 163. Transfer tobacco 164. Penalty on inspectors, not paying their notes 164. Crop tobacco 164. Rules in passing 165. Tender of, what good 165. Size of hogsheads 165. Refused to be burnt 166. How picked 166. Overseers liable for refused 166. rules in shipping 166, 167. Penalty for forging notes 167. Notes lost, how renewed 168. Rules, in paying levies, quit-rents, and officers' fees 168, 169, 170. Costs in, how taxed 171. Public dues, and officers' fees when payable 171. Distress for, when and how made 171. Collectors when to pay 172. Warehouses established 172, 175. Salaries of inspectors 175, 177. Rents of

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601

INDEX.

Warehouses 177. Salaries and rents how paid 178. Mode of building warehouses, 178. How the property revested 180. Immediate conveniencies not to be taken 180. What stock inspectors may not keep 181. Losses, by fire to be made good, by the Assembly 181. Weights and scales to be provided 182. Penalty for clandestinely carrying tobacco to N. Carolina or Maryland 182. Sheriffs, constables and inspectors to take an oath to prevent 186. Penalty for failure, 186. Exportation of uninspected, how prevented 184. Inspectors ineligible to house of Burgesses 185. Not to intermeddle in elections 185. Nor deal in tobacco 185. Exception 185. Penalty for taking a bribe 185. On person offering it 186. When tobacco must be opened, if paid away 186. Proceedings, if refused 186, 187. Special duties of inspectors 187, 188. Tobacco not to be manufactured, till inspected 189. Oath to be taken 189. Penalty 190. Light tobacco 190. Transfer made crop 190. How and when sold 190, 191. Proceeds of sale how accounted for 191. Summary remedy against inspectors 191. Certain warehouses discontinued 223. New ones established 223. Rents of 223. When inspectors to attend 224. Exception 224. Inspectors to account with treasurer 225. What receipts of, to specify, 225. Notes older than 18 months, not a

lawful tender 225. Tobacco over 3 years, in a warehouse to be sold 225. Currency of notes 226. Abatement 225. Inspectors may be collectors, in certain cases 226. Seafaring men to give bail 226. Reparation for tobacco damaged in sundry warehouses by a high wind and rain, and the overflowing of the tide 236. Limitation as to review of 351. Certain warehouses discontinued 351. New ones established 351. Rents of certain warehouses 352. Inspectors' salaries 352. What notes shall pass in payment 352. What allowance 352. New warehouses established 472. Inspectors' salaries 473. Inspectors to pay for tobacco condemned, upon a view 473. Proprietors to build a brick funnel for burning refused tobacco 474. Penalty for neglecting to burn it 474. For making fires near a warehouse 474. Limitation of a review of tobacco 475. Of what dates notes a legal tender, and tobacco, if burnt, to be paid for, by the public 475. Act for relief of proprietors of tobacco burnt in Bolling's point warehouse 485. Commissioners appointed, their power and duty 486. At what rate, and how tobacco paid for 486. Rents of warehouses and inspectors' salaries reduced, during French war 567. Tobacco debts, payable in money 568.

TOLL.

Receivable by millers 58.

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602

INDEX.

TOWNS.

Portsmouth, in Norfolk county established 265. Regulations 266. Winchester, in Frederick county established 268. Fairs to be kept 269. Westham in Henrico county established 273. Smithfield, in Isle of Wight county established 274. Pocahontas, in Chesterfield county established 276. Act for establishing, near Roy's warehouse in Caroline, amended 316. Colchester, in Fairfax county established 396.

TRANSPORTATION.

Of debtors, out of the country, without licenses, penalty for 44, 45.

TREASURER.

How appointed 195. Tenure and duty of his office 195. Salary 196. Security to be given 196. Vacancy, how supplied 196. May borrow money, for rebuilding the capitol 196. Act for appointing 248. His salary 249. To give security 249. Vacancy how supplied 250.

TREASURY NOTES.

To be emitted, to aid in carrying on the French war, 467, 528. Felony to counterfeit 467, 529. Their currency 467, 529, 530.

TRESPASSES.

By horses, cattle &c. breaking into enclosures 38. Penalty on owner 38, 39. By taking boats &c. 40.

TRIAL.

Of issues, rules in 336.

TRURO.

Vestry of parish of, in county of Fairfax, authorised to sell their glebe, and pay part of

the proceeds, to the vestry of the parish of Cameron 270.

TURPENTINE.

Inspectors of appointed, their duty 147. How inspected 147. Contents of barrel to 148. Regulations, for exporting 150. Inspectors of, not to deal in 148.

UNLAWFUL ASSEMBLIES.

Of slaves, how punishable 108. Duty of sheriffs and constables 109.

USURY.

What declared legal interest 102. All contracts for greater void 102. Penalty 102. How persons bound by usurious contracts may be relieved 103. Where costs recoverable 103. Rates of brokerage 103.

VAGRANTS.

Who deemed vagrants 29. How treated 30. What deemed a legal settlement 31. How sent to their own parish 31.

VERDICT.

Special, or case agreed, rules for 337.

Duty and liability of, in relation to the poor 32. Right of presentation in, how long 90. Actions against, jointly 336.

VIRGINIA OWNERS.

Liable to half duties and fees only 97.

WAGES.

Of Burgesses, payable in money 251, 373, 423, 433, 570.

WAGGONER, THOMAS

Captain, reward to, for his gallant conduct, in the late engagement on the Monongahela 528.

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603

INDEX.

WAREHOUSES.

For tobacco, established 172, 174. Rents of 177. How lands may be acquired for 178, 179. When to revert 180. Some discontinued 223. New ones established 223. Rents of 223. Salaries of inspectors 223. Certain discontinued 351. New ones established 351. Rents of 352. Inspectors salaries 352. Proprietors not to use them 353. New ones established 472. Inspectors salaries at, reduced, during the French war 567.

WAR.

French and Indian, provision for protection of settlers, on the waters of the Mississippi, against 417, 418. Further provision for 435, 522. Recital of hostile acts of the French 436. Additional duties, for carrying on 436, 437. Army raised for, by impressment 438. Further preparations for 453. Lottery instituted 454. Act for raising revenues for, explained 461, Land tax 463. Rangers 465. Treasury notes, to be emitted 467. Further preparations for 521.

WASHINGTON, GEORGE

Colonel, reward to, and others, for their gallant conduct in the late engagement on the Monongahela 528.

WASHINGTON, AUGUSTINE

Agreement between, and William Withers, for lands, in Stafford, confirmed 513.

WASHINGTON, HENRY

Certain intailed lands, vested in 314.

WASHINGTON.

Vestry of parish of, in Westmoreland county, authorised to sell certain lands 290.

WEIGHTS.

And scales to be kept at warehouses 182. How provided and repaired 182.

WESTHAM.

Town of, in Henrico county established 273. Storage, payable at 500.

WEST-INDIES.

Dimensions of staves, heading, and shingles exported to 231.

WILLIAMSBURG.

Provision for rebuilding capitol in 197. For enlarging the church, and purchasing an organ 230. Militia of, not bound to muster out of the city 541. Courts martial to be held for 542. Patrollers in, how appointed 543.

WILLIAM & MARY COLLEGE.

Duties on hides, skins and furs exported, for support of 91. How collected and paid 91, 92. Duty on tobacco 92. How collected 93.

WINCHESTER.

Town of, in Frederick county established 268. Fairs to be kept therein 269.

WINES.

Madeira, guage of pipes, hogsheads and quarter casks 235. Penalty for selling under 236.

WITHERS, WILLIAM

Agreement between, and Augustine Washington, for lands, in Stafford, confirmed 513.

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604

INDEX.

WITNESSES.

In what cases, negroes, mulattoes, and Indians may be 107. Punished for giving false testimony 206. Charge to 107. How summoned, to general court 337. Depositions of 337. Refusing to give evidence 337. Who may not be 338. Failing to attend 338. Privileges of 338. Their allowance 338. Power of sheriff to summon 349.

WOLVES.

Rewards for killing 152. Wolf-killer must produce the head, and be sworn or affirmed 152. Form of oath 152. Other evidence admissable, if the killer be under 14, or an Indian, negroe, or mulatto 153. Justice to grant a certificate 153. Penalty for a false oath 153. Ears of wolves to be cut off in presence of the justice 153.

Proceedings when justice suspects the truth of oath or affirmation 153. Clerks to return a list to Assembly 153.

WOODWARD, HENRY

Lieutenant, reward to, for his gallant conduct, in the late engagement on the Monongahela 528.

WORK-HOUSES.

To be built, for reception of the poor 475. Beggars to be sent there 475. How governed 477.

WOUNDING.

Punishment, for malicious maiming and wounding 250.

WRITS.

Rules of issuing and returning, in the general court 328. Of error, supersedeas and certiorari, when returnable 330. Rules in issuing 340, 341.

WRITS OF INQUIRY.

When and how executed 335.

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ERRATA

In Volume VI. of Statutes at Large.

Page 1	line 4	from top,	for "due" read "done." This seems to be a mistake in the original. [I cannot find this error.]
20	9	from bottom,	for "Pappahanock" read "Rappahanock."
104	3		after "it" insert "therefore."
158	13		for "be" read "has been."
ibid	1		after "herein," insert "before."
161	20	from top,	for "pundred" read "hundred."
177	2		for "60" read "30."
184	11	from bottom,	for "this" read "his."
193	6		for "shall" read "should."
210	17	from top,	for "counties" read "county."
214	7	from bottom,	for "the" read "this."
220	6	from top,	for "nevertheless" read "always."
267	6		for "wherein" read "whereon."
302	4	from bottom,	for "that" read "this."
308	15	from top,	for "Ae" read "An."
314	2		for "e" read "be."
339	2	from bottom,	for "imspleading" read "mispleading."
352	5		for "warehouses" read "warehouse."
357	18	from top,	for "permitted" read "admitted."
360	18	from bottom,	for "That" read "And."
367	16		for "allotted" read "allowed."
378	2	from top,	for "collectors" read "collector."
391	9		for "corporation" read "incorporation."
405	5	from bottom,	the word "said" not in the original.
436	3		for "first" read "fifth."
440	15		for "each" read "every."
456	17	from top,	insert "of the" between "many" and "tickets."
460	8		for "any" read "major."
469	3	from bottom,	for "offibe" read "office."
494	22		for "the" read "his."
510	17		for "in" read "of."
514	13	from top,	for "leasing" read "leaving."
515	2		for "Weshington" read "Washington."
547	8	from bottom,	for "justice" read "law."
555	9	from top,	insert "said" before "eleventh."

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Pages 582-594 ======

Volume Map

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