Hening's Statutes at Large

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INDEX

TO THE

NINTH VOLUME

OF THE

STATUTES AT LARGE.

======

ABINGDON.

Town of Abingdon, in Washington county, established, 555. Lots, how disposed of 555. Power of trustees, as to boundaries, &c. 556. Lots forfeited by failure to improve 556. Power of trustees to prevent trespasses on streets, &c. 557.

ABSENT DEFENDANTS.

Proceedings against, in High Court of Chancery, 397. Opening decrees for 398.

ACCAKEEK.

Furnace tract of land, right of James Hunter to obtain iron ore from 304.

ACCOMACK.

Regiment for defence of Accomack and Northampton 76. Number, officers and staff 76, 77. All millers in, to be enrolled in the militia 139. Drafts in, how made 141.

ACCOUNTS.

Of treasurer, how to be kept 200. How examined 201.

ACTION.

True species of, to be endorsed on writ, in what cases 404. Justices may be sued jointly 409.

ACTS OF PARLIAMENT.

Of England, prior to 4 James I. adopted 127. Punishing religious opinions declared void 164.

ADJUTANT GENERAL.

How appointed 24. His duty 24. His pay 24.

ADJUTANTS.

How appointed 10, 18, 79. Their pay 14, 23, 82. Of militia, their appointment and duty 270.

ADMIRALTY.

Judges of admiralty appointed to decide on breaches of the ordinance, to enforce the continental association against importing goods, &c. 103, 105, 131. Their power to appoint an advocate, clerk and marshal 104. Witnesses, their allowance, and how excused 104. Appeal to committee of

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safety 104. Oath of judges of admiralty 104. Judges when to meet 105. Their pay 105. Trial by jury 131. Resolutions of congress, as to capture of vessels, adopted 131. Prosecutors to give caution for costs 132. Court of admiralty established 202. Their oath 202. Penalty for acting without 202. By what laws governed 203. Provision where regulations of congress conflict with laws of state 203. No jurisdiction of capital offence 203. Advocate, register, and marshal, how appointed and qualified 203. Proctors, how qualified 203. Sale of perishable goods 204. Rules of practice, libel, citation, defence, proclamation, judgment, 204. When judgment may be opened 204. Security for costs, when 205. Costs discretionary, remedy for 205. In case of condemnation, costs paid out of sales 205. When facts tried by jury, when by court 205. Appeal, right of, and to what tribunal 205. Fees of register and marshal 206. In what cases sales of condemned vessels may be ordered 206. Suits depending before admiralty commissioners transferred to court of admiralty 206. Court of admiralty where held 219. Salary of judges 219.

ADVOCATE.

In court of admiralty 104, 203.

ALBEMARLE.

Albemarle county divided and Fluvanna formed 325. Boundaries 325. Court days 325.

ALLEGIANCE.

All free born males, above 16 years old, to take the oath of allegiance 281. Form of the oath 281. Justices to keep registers, and transmit returns to clerks of courts 281. Persons appointed to tender oath 282. Those refusing to be noted 282. Recusants to be reported to county lieutenants who is forthwith to disarm them 282. Persons disarmed, compelled to attend musters, but exempted from fines for not appearing armed 282. Incapacities of those refusing to take the oath of allegiance 282. Oath to be taken by those coming from any of the United States 282. Consequence of neglect 283. Who not within the meaning of this act 283. Double taxes on those refusing to take the oath of allegiance 351. Penalty for trading without taking the oath of allegiance 475. Persons friendly to the cause of liberty, who have been prevented from taking the oath of allegiance, how relieved 557.

ALLOWANCES.

Of incidental expenses of assembly, and superior courts, by auditors 538.

AMHERST.

Parish of, empowered to fix the rates of paying their levies in tobacco 238. Amherst parish divided and Lexington formed 567. Glebes of Camden

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and Amherst to be sold and the money divided between those parishes and Patrick & Lexington 568.

AMMUNITION.

Ordinance providing for 71, 94. Premium for salt petre and sulphur 72. Power of committee of Fincastle to procure lead from the mines in that county 73.

APPEALS.

To committee of safety from decisions of courts-martial 27. From sentence of court of admiralty 104, 205. Appeals to High Court of Chancery, to what day 391. Appeals to general court 412. Damages, in personal actions 412. In real or mixed 412. No appeal before final judgment 412. Appeals to high court of chancery, within one month after decree, as of right 459. Court of appeals established 522. Bond and security, on appeals 524. Petitions of appeal 524. No appeal, till final judgment or decree 524, Appeals from late general court to king and council, not decided, transferred to court of appeals 525. From decision of auditors 540. Court of appeals to be held at Williamsburg 557.

APPEALS, COURT OF

Court of appeals established 522. Of what judges constituted 522. Precedence of judges 522. Oath of judges 523. Terms 523. Jurisdiction 523. Bond and security on appeals 524. Tipstaff, cryer, clerk, 524. Petitions for appeals 524.

Supersedeas 524. Writs of error 524. Docketting causes 524. Clerk to certify affirmance or reversal 524. No appeal until final judgment or decree 524. Statements 525. Appeals from the late general court, to the king in council, not decided, transferred to the court of appeals 525. Allowance of incidental expenses, by auditors 538. Court of appeals to beheld at Williamsburg 557.

APPEARANCE.

Day of, in High Court of Chancery 391. In general court 404. Attorney engaging to enter, and failing 404.

APPRENTICES.

How they may be enlisted 81, 275, 592. May be taken, at gun manufactory at Fredericksburg 426. Covenants to be performed by public 427.

ARMS.

How provided for regulars, 12, 84. How for minute-men, 20. Hire for 12, 20, 87. Militia to furnish their own, 28. Exempted from executions and distresses, 31, 269. Officers, how armed, 31, 268. Privates, when and how armed, 31, 269. Manufactory of arms established, at Fredericksburg, 71. Commissioners to superintend it, 72. Appropriation, 72. Committee of safety may purchase arms, 72. May contract for a supply of arms, 94. Provision for a supply of powder, 94. Cavalry, how armed, 142. Officers and privates of militia, how armed and accoutred, 268. Arms for the poor, how

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provided, 269. Penalty for selling or concealing, 269. Removing arms out of the county, 269. How recovered, 269. Delinquencies, how noted, 269. Arms exempted from executions and distresses, 269. How provided for militia, when called out, 292. Punishment for embezzling, 292.

ARMY.

Two regiments of regulars to be raised, 9. Their number, 9. Officers and staff, 9, 10. Officers, how appointed, 10. Secretary to colonel of 1st regiment, 10. Enlistments to be in districts, 10. Regulations for mustering and inspecting, 10, 11. Commission and rank of officers, according to priority in completing their companies, 11. Vacancy among officers, how supplied, 11. Among privates, 12. Terms of enlistment, 12. Pay when to commence, 12. Who may not be enlisted, 12. Arms and accoutrements, how furnished, 12. Riflemen, 13. Medicines, &c. 13. Two companies for protection of western frontiers, 13. Officers, how appointed, 13. Commanding officer, at Fort Pitt, supreme, 14. Pay of officers and privates, 14. Of staff, 14. Tents, how provided, 14. Pensions promised, 14. Camp equipage, provisions, &c., how provided, 14. Paymasters, their appointment and duty, 15. Army subject to controul of general committee of safety, 15, 85. Minute-men, how organized out of militia, 16. Colony divided into districts, 16.

Regiment to be raised in district of Accomack and Northampton, 16. Battalion in each of other districts, 17. Officers appointed by deputation of committees, 17. Vacancies in deputies, how supplied, 18. Chaplains and other staff how appointed, 18. Enlistments of minute-men, how made, 12. Regulations for mustering and inspecting, 19. Commissions and rank of officers according to priority in completing their companies, 19. Rank of field officers, how settled, 20. Arms, &c. how provided, 20. Tents, 20. Minute-men, how trained by companies and battalions, 20. Southern and northern districts, 21. Pay, while attending rendezvous, 21. Fines for delinquencies, 22. Imposed by court martial, 22. Leave of absence, how, 22. Minute-men, how long to serve, 22. To be discharged in rotation, 23. Pay of minute-men, 23. When to commence, 23. Exercise of 1764, adopted, 23. Adjutant general, his appointment and duty, 24. Volunteers disbanded, 24. Impressments, how made, 24. Accomack and Northampton may keep two companies, 25. Regulars and minute-men, when to act in concert, 25. Duty of officers of minute-men, 25. And of the militia, 26. Rank of officers, when united in service, 26. Proviso, as to county-lieutenants, 26. Fines for delinquencies, 26. Assessed by court-martial, 27. Appeal to committee

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of safety, 27. Brigade-major, 27. Winter quarters, how provided, 27. Militia officers, how nominated and commissioned, 27. Who liable to militia duty, 27. How enrolled, 28. Who exempted, 28. Fine on colonel for neglect, 28. Arms, &c. to be furnished by militia, 28. Exceptions, 28. Company, and general musters, 29. Misbehaviour, how punishable, 29. Delinquents, how reported, 29. Courts martial, when and how convened, 30. Their powers, 30. Clerk, 30. Fines for delinquencies, 30. How excused, 31. Drums, fifes, &c. List of fines, 31. 31. Officers, how armed, 31. Privates, when and how, 31. Arms exempted from executions, &c. and persons from arrests, 31. Exempts not to appear at musters, 31. Fines on infants and servants how paid, 32. Collector of fines, duties and penalties, 32. Oath of militia officers, 32. Of court-martial, 32. Penalty for neglect, 33. Fines, how appropriated, 33. For not attending court-martial, 33. Williamsburg & Norfolk excepted, 34. Patrollers, 33. Quakers and Menonites exempted, 34. Pay, &c. of militia, called out, 34. Collectors of fines, how appointed, 34. Remedy against, 34. When forces, on western frontiers may be disbanded, 35. Articles of war, 35. Oath of officers, 36. Oath altered, 87. Provision for paying regulars and minute-men, 64. Two former regiments of regulars

augmented, 75. Six additional regiments to be raised, 76. Number of men, officers and staff, 76. German regiment, where raised, 76. Another regiment for Accomack & Northampton, 76. number, offices and staff, 76, 77. Generals, and staff, 77. Officers, how appointed, 77. Power of committees, 77, 78. Officers may recruit any where, 78. Not recruiting in time may be superseded by others, 78. County and district committees to appoint rendezvous, provide for reviewing recruits, and grant certificates, in order to obtain commissions, 79. Regimental staff, how appointed, 79. District committee, how appointed, 79. Committee of safety to allot companies to regiments, and station the troops, 80. How many miles a day's march, 80. Cadets, provision for, 80. Vacancies in officers and privates, how supplied, 81. Term of enlistment, and mode of discharge, 81. Pay of officers & soldiers when to commence, 81. Servants, apprentices and others, how enlisted, 81. Size of men, 81. Arms and accoutrements, how furnished, 81. Blankets, rifles, tomahawks, hire for arms &c. furnished by soldiers, 82. Clothing how furnished, 82. Provision as to minute-men joining the army, 82. Additional rifle companies, 82. In what counties to be raised, 82. Medicine chests & surgeons' instruments, 82. Pay of officers, soldiers and staff, 82, 83.

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Artillery company to be raised, 83. Officers, bombardiers, gunners, matrosses, 83. Their pay, 83. Armed vessels to be provided by committee of safety, 83. Pay of commodore, and other officers and sailors, 83. When and on what terms land forces may act in concert with navy, 83. Secretary to colonels when allowed, 84. Tents, 84. Arms, accoutrements, and camp equipage, how provided, 84. Paymasters to be appointed by committee of safety, 84. Their salary, 84. To act as muster-masters, 84. How paid, 84. Removable by committee to safety, 85. Army, in all things, to be nnder the controul of committee of safety, 85. May be marched to different parts of United Colonies, 85. Forces, where to be stationed, 85. Regiments assigned to different districts, 85. May be called to other parts to repel invasions, 86. Officers commissioned by congress to supersede those by committee of safety, 86. Their pay the same as settled by congress, 86. Former ordinance, requiring battalion duty by minute-men repealed, 86. Officers of minute-men not completing their quotas, to be suspended by county committees, 86. Officers or privates of minute-men joining the regulars, how their places supplied, 87. Hire of arms furnished by minute-men 87. Oath of officers and soldiers altered, 87. District committees, when and how formed, 88.

Captains and subalterns of minute-men, to be appointed by county committees, 88. Field officers, by district committees, 88. Officers of minute-men may be commissioned before a return of the completion of the battalions, 88. When committee of safety may appoint field officer to command minute companies, 89. Dissenting ministers not exempted from militia duty, unless licensed, 89. Overseers, heretofore exempted, to furnish arms, and act as patrollers, 89. Drafts of militia, how made, 89. Penalty for failing to attend, or find a substitute, 90. Officers to command drafts how appointed, 90. Volunteers may be accepted in lieu of militia, 90. So much of former ordinance as exempts from musters, in the month of February repealed, 90. Pay of commanding officers of militia when called into service, 90. Encouragement to enlist in regular service, 91. Bounties, 91. Exemption from personal taxes, 91. Pensions to regulars, minute-men, & regulars, 91. Collectors of fines, how appointed, 91. Remedy by distress, 91. Motion against collector for failing to pay, 91. Fines, how appropriated, 91. Penalty for harbouring deserters, 91. General appropriation for pay of army, if congress should not take the troops into their pay, 92. Continuance of officers in army and their mode of resignation declared, 95, 96. The

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8th regiment of regulars augmented, 135. Forces to be stationed on the western frontiers, 136. Six troops of horse to be raised, 137. All overseers, Quakers and menonists, and all millers in Accomack and Northampton to be enrolled in the militia, 139. But Quakers and Menonists not obliged to attend musters, 139. Power of commanding officer of county to call out militia, on invasion or insurrection, 139. His power to excuse, 140. Minute companies not complete to return to main body of militia, 140. Number of private musters reduced, 140. Minute companies in Williamsburg, how disposed of, 140. Courts martial in Williamsburg, instead of court of Hustings, to punish delinquents, 140. Drafts in Accomack and Northampton how made, 141. Certain defects in ordinance for raising six troops of cavalry supplied, 141. Additional forces, on continental establishment, to be raised for the war, 179. Bounty and clothing, 179. Land bounty, 179. Forces already in continental service, estimated as part of the 15 battalions to be raised in Virginia, 179. Powers of executive to aid recruiting service, 180. Officers, in what proportions, and how appointed in the several counties, 180−182. Quota of men to be recruited by each officer, 182. Effect of failure, 182. Rendezvous, how appointed, 182. Review and certificate

thereof, 182. Commissions from congress, 183. Grade, how settled, 183. Field officers and staff how appointed, 183. Organization of recruits, 183. Fortifications to be erected, 192. Engineer appointed, 192. His rank and pay, 192. Three battalions to be raised to garrison the fortifications, 192. Officers and staff, 192. Officers, how appointed, 193. Continental officers to take precedence of state, 193. Quota to be recruited by respective officers, 193. Recruiting expenses, 193. Officers failing to recruit may be superseded, 193. Effect thereof, 194. Rank of officers, how settled, 194. Recruits, how reviewed, 194. Pay &c. the same as continental troops, 194. Not to be marched out of this country, 194. Term of enlistment, 194. Bounty and clothing, 194. Hospital provided, 194. Physician and director general, 195. Pensions, 195. Exchange of the 5 rifle companies at New York, with the continent, 195. Marines may be taken for garrison duty, 195. If officers supernumerary, those set aside who were latest in completing their companies, 195. Magazine of provisions to be provided, 196. Two frigates and four gallies to be built, 196. Virginia fleet, how manned, 196. Seamen classed, 196. Bounty, 197. Trustees appointed to establish a manufactory of sail duck, 197. Appropriation for, 197. Trustees to report to general assembly, 197.

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Artillery company to be formed in Alexandria, 198. Minute companies totally dissolved, 198. Minute men considered as militia, 198. So much of ordinance as fixes the stations of troops repealed, 210. Term of enlistment of troops altered from during the war, to three years, 213. The same pay and bounty, except in land, 214. Any two militia procuring a recruit, for three years or the war, exempted from drafts or muster, 275. Apprentices and servants may be recruited, 275. Soldiers, how far free from arrests, 276. Summary mode of discharge, 276. Restrictions, in issuing writs against soldiers, 276. Drafts restored to, in order to complete the six additional regiments, 276. Mode of drafting, 276, 277. Fines for neglect, 278. Battalion of artillery for garrison duty, to be raised, 278. Officers, & staff, 278, 279. Pay, 279. Recruiting expenses allowed, 279. Provision for wives, children, and aged parents, of poor soldiers, while absent, 279. Soldiers supplied out of public stores, at prime cost, 279. Warwick and Elizabeth City, what proportion of men to raise, 280. State artillery when marched out, what pay entitled to, 280. No negro to be enlisted without certificate of freedom, 280. Deserters, how apprehended and dealt with, 289. Penalty for harbouring, 290. Reward for apprehending, 290. Organization of regiments

altered, to assimilate them to continental establishment, 337. Colonel George Gibson's battalion of state troops, continued in continental service, instead of 9th regiment captured at Germantown, 337. Additional bounty to men who re-enlist, 338. State troops transferred to continental establishment, 338. Entitled to same pay and emoluments, as those in continental service, 338. Drafts of single men, to complete the regiments, in what proportions, in the several counties, 339. Bounty to drafts, 340. Mode of drafting, 341. Single men only, 341. Lots distinguished by "service" or "clear" 342. Drafts, how restrained for service, 342. Volunteers encouraged, in order to avoid draft, 342. Bounty, pay, and emoluments of drafts, who enlist for three years or the war, 343. Provision for supplying officers and soldiers with necessaries at moderate prices; 343. Every county entitled to a deduction in the draft, for every deserter from the continental army, apprehended, 344. So, every single man drafted, to be discharged, on apprehending and delivering a deserter, 344. To conceal a deserter, subjects offender to his term of service, if capable of military duty; if not, to a pecuniary fine, 344. Provision for widows whose husbands have died or been slain in the service, 344, 345. Quakers and Menonists drafted,

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exempted from personal service; but substitutes to be provided by equitable assessment in the whole society 345. Encouragement to volunteers to join the army under General Washington 345. Term of service 346. Organization 346. General and field officers and staff how appointed 346. Form of enlistment of volunteers 346. Volunteers not exempted from drafts to complete Virginia regiments, on continental establishment 347. Captains, &c. elected by soldiers, but commissioned by governor 347. How organized 347. Baptists and Methodists privileged to serve under officers of their own religion 348. Volunteers not to exceed ten regiments 348. Clothing for troops proovided by seizure of goods 375. Power to break locks, &c. 376. Goods how appraised 376. How paid for 376. When charged to United States 376. How made up into clothing 376. Power to impress workmen 376. Commissioners to transmit accounts to treasurer 377. Salt may be seized for the use of the army in the same manner as clothing 381. Act to enable publick contractors to procure a supply of provisions for the army 385. How enforced 386. Provisions purchased by any person, more than sufficient for the consumption of his family, may be seized for the use of the army 386.

Time for making drafts to recruit the Virginia regiments on continental establishment, in the counties beyond the Blue Ridge enlarged 433. 2000 volunteers to be raised, to join the grand army 445. Encouragement 445. Bounty and clothing 445. Exemptions 445. Spirits 446. Goods at the prices in 1774, 446. Officers how appointed 446. Proportion to several counties 446. Number of volunteers to each officer 447. Vacancies how supplied 447. When enlistments to cease 447. Returns 447. Recruiting expenses 447. Volunteers organized 448. Staff 448. Form of enlistment 448. Pay and rations 448. Tents, arms, &c. 448. Wives and families provided for 449. Appropriation for expenses incurred 449. Regiment of cavalry to be raised to join the continental army 449. Organization 450. Officers how appointed 450. Pay 450. Horses, &c. how furnished 450. Appropriation for expenses incurred 450. Privileges of officers and troopers 451. When to march 451. Battalion of infantry to be raised for garrison duty 452. Number, officers, and staff 452. Bounty, pay, and rations 452. Term of service 452. Recruiting expenses 452. Who may not be enlisted 452. Appropriation 452. An order to march out of the state equal to a discharge 453. State artillery, pay, rations, &c. 453. Privileges 453.

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Future enlistments for continental army, three years, or during the war 454. Recruiting officers, how appointed 454. Pay of officers, and recruiting expenses 454. Recruits how reviewed 454. Appropriation 454. Bounty, pay, and rations 455. Clothing 455. Goods, at specified prices 455. Soldiers serving during the war, exempted for personal taxes and levies for life 456. Bounty for re-enlistment during the war 456. Officers and soldiers presented with six months pay 566. Officers and soldiers presented with six months pay 566. Groceries furnished at stipulated prices 566. Pensions to widows of officers and soldiers, who are slain or die in the service 566. The last act, as to pay and groceries, in part suspended 580. Agents commissioned to seize grain and flour, for the armies and navies of the United States, and the French squadron 584. How doors of forestallers, engrossers, and monopolisers may be broken 584. Act for speedily recruiting the Virginia regiments, on continental establishment 588. Additional forces to be raised 588. Bounty for 18 months men 588. For three years or during the war, together with continental land bounty 589. Clothing 589. Pensions, to widows 589. Each county, except Ilinois, to furnish one twenty-fifth of their militia 589. Counties to be laid off

into districts, and each district to furnish a man 589. Encouragement for voluntary enlistments 590. For eighteen months men to enlist for three years, or the war 590. How men restrained for service 590. General rendezvous, how appointed 590. Penalties for failing to execute this act 591. Bounties and expenses, how paid 591. Counties heretofore failing to furnish their quotas to make good the deficiency 591, Penalty for neglect 592. Who may not be enlisted 592.

ARREST.

Militias exempted from, when 31,269 Regular soldiers, how far free from 276. Summary mode of discharge 276. Restrictions in issuing writs against soldiers 276. Witnesses privileged from 410.

ARTICLES OF WAR.

For the government of the army 35−−49.

ARTILLERY.

Artillery company to be raised 83. Officers, bombardiers, gunners, matrosses 83. Their pay 83. Battalion to be raised for garrison duty 278. Officers, staff, pay 278, 279. State artillery, when marched out, what pay entitled to 280.

ASSEMBLY.

See Elections.
Legislature of Virginia called General Assembly, by the constitution 114. Composed of House of Delegates and Senate 114. How and by whom chosen 114, 115. Qualifications of electors in county of Fincastle and district of West

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Augusta 58, 66. Recognized by the constitution 114, 115. Qualifications of electors, in Kentucky, Washington and Montgomery, which were formed out of Fincastle 260. So, as to Ohio, Yohogania, & Monongalia, which were formed out of district of West Augusta 264. Delegates to congress ineligible to general assembly 299. Wages of members of general assembly encreased 466. Travelling expenses 466. Inspectors of tobacco, ineligible to 508. Not to interfere in elections 509. Incidental expenses of, allowed by auditors 538. Members of assembly accepting the office of commissioner of tax, or assessor vacate their seats 550.

ASSESSMENT.

Question between general assessments and voluntary contribution for support of religion, deferred 165.

ASSESSORS.

Of tax, how appointed 352. Their oath and duty 353. Vacancies, how supplied 363. Penalty for refusing to act, & his compensation for acting 364. Commissioners and assessors to meet and confer together, and adopt some general mode of valuation 549. Number of assessors limited 549. Commissioners to fix a compensation for extraordinary trouble of assessors 549. Members of assembly accepting the office of commissioners of the tax or assessor, vacate their seats 550.

ASSOCIATION.

Continental, against importing goods, &c. enforced 102. Penalty for importing goods or exporting produce contrary to the association 103. Judges of admiralty appointed to decide on breaches of this ordinance 103, 131. Their officers 104. Witnesses 104. Appeal to committee of safety 104. Oath of judges of admiralty 104. Judges, when to meet 105. Committee of counties to appoint five of their own members as judges 105. Their powers 105. Trial by jury 106, 131. Right of appeal 106.

ATTACHMENTS.

Foreign, proceedings upon 306, 397. Attachment returned "executed," in general court 407.

ATTAINDER.

On conviction, for forging or counterfeiting certain warrants and certificates, no corruption of blood 303. Act to attaint Josiah Philips and others, his associates 463.

ATTORNEY GENERAL.

How chosen under the constitution 117. His oath 121.

ATTORNIES.

At law, their oath 121. Engaging to enter appearance, and failing 404. Their fees 529.

AUDITORS.

Auditors of public accounts appointed 245, 536. Their powers and duties 246, 536. Their salaries 246. Vacancies, how supplied 246. Duty of late auditor, to furnish commissioners of tax with accounts against sheriffs for balances of

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quit rents 359. Salaries of auditors encreased 435, 521. Auditors, how appointed, qualified and removeable 536. Their power, duty, and subjects of examination 536, 538. No money to be received, or aid at treasury but by their warrant 539. Except by express act of assembly, and except their own warrants 540. Clerks to auditors 540. Appeal from their decision 540.

AUGUSTA.

Boundary between Augusta county and district of West Augusta ascertained 262. Part of Augusta county added to Hampshire 420. Rockingham formed out of Augusta 420. Rockbridge formed out of Augusta and Botetourt 421. Surveyor of Augusta to run the boundary line between that county and Hampshire 465.

BAIL.

When judge may direct bail 404. In what actions bail required 404. Bail may defend the suit 405. Remedy against sheriff as to bail 405. Bail when excepted to 405. Question as to sufficiency, when determined 405. Sheriffs remedy 405. Remedy of bail and sheriff against bail 406. Special bail, how taken 406. How excepted to 406. How special bail may surrender principal 406. Principal surrendered after judgment, how kept 407. When prisoners bailable in general court 414. Bail after examining court 415.

BALLAST.

Certificate required by naval officer, of master of vessel, as to unlading ballast 187.

BANKS, JUDITH

Certain lots of Judith Banks, vested in trustees, to be conveyed for the benefit of her devisees, Walker Randolph Carter, and Charles Landon Carter 575.

BAPTISTS.

Baptists and Methodists privileged to serve under offices of their own religion 348.

BARR, JOHN

Emancipation of certain slaves, by a codicil annexed to the will of John Barr, deceased, confirmed 320. This act not to be drawn into precedent 321.

BATH.

Town of Bath, at Warm Springs in Berkeley county, established 247. Lots, how sold, conveyed and improved 247. Conditions, as to building 248. Warm Springs, except one, vested in trustees 248. Rights of proprietors in houses already built 248. Power of trustees as to bounds, building, &c. 248. Privileges of inhabitants 248. Lots not improved in time forfeited 249. Swine not to run at large 249. Further time allowed purchasers of lots to build thereon 460.

BATTALIONS.

Of militia, what number of privates, to be commanded by a colonel, lieutenant-colonel, & major 268.

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Pages 605-617

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