Hening's Statutes at Large

Pages 605-617 ======

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FOREIGN CORRESPONDENCE.

Clerkship of, established 467.

FORESTALLING.

Who deemed a forestaller, 382. How punishable 383. Further definition and punishment 581. Act to be given in charge to grand juries 582. Punishment of those pretending to be purchasing agents of the United States in order to evade the law 582. Doors of forestallers may be broken, to seize grain and flour 584.

FORFEITURES.

Heretofore going to the king to go to the commonwealth 118, 127.

FORGERY.

See Counterfeiting.
Forging or counterfeiting paper money of this colony, death without clergy 69, 148, 457. So, of congress, or any of the United States 134. So, as to loan office certificates of United States 285. Forging or counterfeiting state loan office certificates, how punishable 287. Certain treasury notes, how punishable 289, 367. Forging or counterfeiting certain warrants and certificates, how punishable 302. Provision for wife and children out of estate of offender 303. Attainder no corruption of blood 303. To forge or counterfeit, &c. tobacco notes, felony, without clergy 516. Act more effectually to guard against counterfeiting paper money, and loan office certificates 541.

FORTIFICATIONS.

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. Hospital provided 194. Physician and director general 195. Marines may be taken to garrison fortifications 195.

FORT PITT.

Commissioners appointed to investigate the rise, progress & the extent of the disaffection, near Fort Pitt 374. Their powers 375. Governor authorised to send forces for protection of western frontiers 375.

FRANCE.

Tobacco exported to French West India islands exempted from duty 551. Agents commissioned to seize grain and flour for the American armies and navies and the French squadron 584. Doors of forestallers, engrossers and monopolisers may be broken 584.

FREDERICK.

Vestrymen of Frederick parish requested to resume their offices 97. If a sufficient number to form a vestry refuse, the vestry dissolved, and a new one elected 99. Commissioners to ascertain value of churches and chapels in 437.

FREDERICKSBURG.

Gun manufactory established at 72. Commissioners authorised to take apprentices 426. Trustees of Fredericksburg authorised to assess a tax on the inhabitants for the purpose

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of keeping the streets in repair 441.

FRENCH SQUADRON.

Agents commissioned to seize grain and flour for the American armies and navies, and the French squadron 584. Doors of forestallers, engrossers, and monopolisers may be broken 584.

FRONTIERS.

Two companies to be raised for defence of western frontiers 13. Scouts employed on western, look outs on eastern frontiers 294.

GARRISON.

See Fortifications.
Battalion of infantry, for garrison duty, to be raised 452.

GENERAL ASSEMBLY.

Legislature of Virginia, so called, by the constitution 114. Composed of House of Delegates and Senate 114. How, and by whom chosen 114, 115.

GENERAL COURT.

General court established 401. Number of judges 401. Chief justice 401. Oath of judges 401. Penalty for acting without oath 402. Jurisdiction 402. Jurisdiction limited 402. Suits transferred from old general court 402. Terms 402. Adjournment 403. Clerk, crier, and tipstaff 403. Sheriff to attend 403. Process how issued, tested, executed, and returned 403. Process against governor, council, and sheriff 403. Action endorsed on writ 404. Appearance day 404. Attorney engaging and failing to appear 404. When judge may direct bail 404. In

what actions bail required 404. Bail may defend 405. Remedy against sheriff as to bail 405. Bail when excepted to 405. Questions as to sufficiency when determined 405. Sheriffs remedy 405. Office judgments, when set aside 405. Rules in office controuled by court 405. Remedy of bail and sheriff against defendant 406. Special bail, how taken 406. How excepted to 406. How special bail may surrender principal 406. Principal surrendered after judgment how kept 407. Proceedings against defendant in custody 407. Capias returned 'not found' what further process 407. Proceedings on attachment returned 'executed' 407. Proclamation after pluries 408. Rules of practice 408. Justices, &c. may be sued jointly 409. Rules for docketing causes 409. Making up records 410. Orders, read and signed 410. Witnesses how summoned 410. Depositions de bene esse 410. Single witness 410. Witness refusing to testify 411. Who may not be a witness 411. Witnesses failing to attend 411. Witnesses privileged from arrests 411. Their allowance 411. Issues, how tried 411. Three witnesses to one fact taxed 412. Appeals to general court 412. Damages in personal actions 412. In real or mixed 412. No appeal, &c. before final judgment 412. Supersedeas how obtained 412. Writs of error

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how sued out 413. Bond & security 413. Judgment on reversal 413. Certiorari how obtained 413. Bond and security 413. Procedendo effect of 413. Punishment of false swearers 414. Habeas corpus cum causa, how obtained 414. Prisoner, not tried, when bailable 414. Proviso 414. Criminal jurisdiction of the court 414. Examining court, how summoned 414. Its powers 415. Bail, after examining court 415. Venire facias how summoned 416. Allowance to venire men 416. Their fine for non-attendance 416. Subpœnas for prisoners witnesses, their allowance, &c. 416. Guards to the public jatl 416. Fees to sheriff, &c. 416. Charges of prosecution 416. Grand juries 417. Prisoners, how arraigned and tried 417. Allowed counsel 417. Suspension of execution 417. Presentments on grand jury's knowledge 417. Fine on grand juror not attending 417. Process against persons presented for offences not capital 417. Attendance, &c. of venire men, &c. to be entered 418. Keeper of public jail, his duty, allowance, and privilege 418. Salary of judges 418, 521. Tax on process 418. Penalties appropriated 419. Duty of clerk to transmit lists of fines 419. Duty of sheriffs to collect 419. Suits in old General court transferred to High Court of Chancery 396. General court to be held at Williamsburg 434. Two

additional terms of general court, for criminal cases 460. Grand juries, how summoned 461. Judges may qualify at such additional terms 461. Days assigned for criminal causes in general court 473. Indictments, &c. depending in name of the king, prosecuted in name of the commonwealth 473. Appeals against king, carried on against commonwealth 473. Judgments in favor of king to enure to commonwealth 473. No time bars commonwealth of execution 473. Criminal prosecutions discontinued by change of government, revived 474. Criminals not tried within a limited time discharged 474. Salary of judges encreased 521. Appeals from the late general court to the king and council, not decided, transfered to the court of appeals 525. Allowance of incidental expenses, by auditor 538.

GERMAN REGIMENT.

In what counties raised 76.

GIBSON, GEORGE

Colonel George Gibson's battalion, of state troops, continued in continental service, instead of the 9th regiment captured at Germantown 237.

GLEBES.

Glebes saved to the churches 165. Vestry of Botetourt parish, in county of Botetourt, authorised to sell their glebe and purchase another 319. Vestry of St. Patrick's parish in Prince Edward authorised

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to sell their glebe 440. So, as to St. Paul, in Hanover 443. Glebe of Washington parish to be sold 526. Glebes of Camden and Amherst parishes to be sold and the money divided between those parishes, and Patrick and Lexington 568.

GOODS.

Penalty for importing, or ordering to be imported, goods contrary to the continental association 103. Judges of admiralty appointed, and members of county committees commissioned to enforce the ordinance 103, 105. Further penalties 171.

GOVERNMENT.

Constitution of Virginia 112−119. Punishment of those asserting the power of the king or parliament of Great Britain 170. Or who oppose the government of this commonwealth 170. Effect of change of government, on judicial proceedings 473, 574.

GOVERNOR.

How chosen under the constitution 115. Continuance in office 115. His powers 115. How impeached 117. His oath 119. When oath to be taken by first governor 120. In absence of governor and president of the council, eldest privy councillor to act as lieut. governor 212. Fees of governor for ordinary and marriage licenses abolished 225. Governor &c. indemnified for removing and confining suspected persons, during the late public danger 373. Authorised to

send forces for protection of western frontiers 375. Process against governor 403. Governor authorised to send assistance to a sister state, on an invasion 462, 428, 477. Salary of governor encreased 435, 521. Governor and council authorised to superintend the public jail, and direct allowances to prisoners, and compensation to keeper 478. Governor and council authorised to lay an embargo, on exportation of provisions, 530.

GOVERNOR AND COUNCIL.

See Executive.

GRAIN.

Distillation of spirits from corn, wheat, rye, and other grain prohibited 476. Agents commissioned to seize grain and flour, for the American armies and navies, and the French squadron 584. Doors of forestallers, engrossers, and monopolizers may be broken 584.

GRAND JURY.

For court of Oyer and Terminer, how summoned 307. To general court 417, 461. Rules in presentments 417. Fine for non attendance, 417.

GRANTS.

Style of, under the constitution 118.

GREEN BRIER.

Green Brier county and parish formed out of Botetourt and Montgomery 420. Boundaries 421. Court days 421.

GUARDS.

To public jail, how obtained 416.

GUNNERY.

Established at Fredericksburg 72. Commissioners authorised

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to take apprentices 426. Covenants to be performed by public 427.

HABEAS CORPUS.

Habeas Corpus, cum causa, how obtained from general court 414.

HALIFAX.

Court house, &c. of Halifax county removed 229.

HAMPDEN SIDNEY.

Trustees of Hampden Sidney academy, authorised to raise a sum of money by lottery 321.

HAMPSHIRE.

Part of Augusta county added to Hampshire 420. Surveyor of Augusta to run the boundary line 465.

HANOVER.

Vestry of Hanover parish, in the counties of King George and Westmoreland, dissolved 526. Part of Hanover parish added to Washington, and part of Washington to Hanover 526.

HEARING.

Cause set for, in High Court of Chancery 394.

HENDERSON, RICHARD & CO.

Certain lands on the Ohio and Green rivers, vested in Richard Henderson & company, in consideration of their expense and trouble in making a purchase from the Cherokee Indians, which had been declared void 572.

HENRY.

County, formed from Pittsylvania 241. Boundaries 241. Court days 241. Court houses of Pittsylvania and Henry fixed 242. Court day of Henry altered 580.

HIGH COURT OF CHANCERY.

High court of chancery established 389. Number of judges 389. Their oath 389. Penalty for acting without oath 390. Jurisdiction 390. Terms 390. Court always open for certain purposes 390. Clerk 390. Process rules for issuing and returning 390. Appeals to 391. Rules of practice 391. Appearance day 391. Commissions before answer 394. Facts, how triable 394. Cause set for hearing 394. Proceedings in office controuled by court 395. Orders read and signed 395. Making up records 395. Certiorari, ne exeat, and injunction, how granted 395. Rules as to certiorari 395. Ne exeat, upon what granted 395. How discharged 396. Rules in granting injunctions 396. Suits in old general court transferred to this 396. Foreign attachments 396, 397. Proceedings against defendant in custody 397. Opening decrees for absentees 398. Salary of judges 399. Tax on process 399. High court of chancery, to be held at Williamsburg 434. May appoint a serjeant at arms 434. Judges authorised to appoint a clerk in vacation 459. Salary of clerk 459. Appeals to High court of chancery, within one month after decree pronounced 459. Salary of judges encreased 521. Allowance of incidental expenses, by auditors 538.

HORSE.

See Cavalry, and page 137, 141.

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HORSE-STEALING.

Additional rewards for apprehending horse-stealers 174. Witnesses, how entitled 174. Rewards levied on estate of offender 174.

HOSPITAL.

To be provided 194. Physicians and director general 195.

HUNTER, JAMES

His extensive iron works, near Fredericksburg, encouraged 303. His right to obtain iron ore from the Accakeek furnace tract 304. Iron or other ore, how explored, and the land opened 304. Half an acre of land, on Aquia, or Potowmack creek, vested in James Hunter for a landing 305. Right of James Hunter to acquire half an acre of John Richard's land 305.

IDIOTS.

Act making provision for idiots and lunatics further continued 173, 479. Further allowance to patients 479. Proceedings of directors confirmed, 479.

ILINOIS.

County of Ilinois, on western side of Ohio river, adjacent to the Missisippi established 552. Temporary government established 553. Religion and property of inhabitants respected 553. Also their civil institutions 553. Military force for their protection 554. Goods how supplied to the inhabitants and friendly Indians 553. Limitation of act 555.

IMPEACHMENTS.

How conducted under the constitution 117, 118.

IMPORTATION.

Penalty for importing goods &c. or exporting produce contrary to the continental association 103. Penalty for ordering goods to be imported 103. Further penalties 171. Permits for, granted by naval officer 185. Further importation of slaves prohibited 471. Exceptions 472.

IMPRESSMENTS.

For militia when called into service 293. Impressed articles, how certified and paid for 294.

INDEMNITY.

Act indemnifying governour and council and others for removing and confining suspected persons, during the late public danger 373. For seizing goods for the use of the army 377. For seizing provisions 387. For seizing salt 535. For seizing grain and flour 584.

INDIANS.

No purchases of land from, but on behalf of the commonwealth 119.

INFANTRY.

Battalion of infantry for garrison duty to be raised 452.

INFANTS.

Fines incurred by, how paid 32, 271.

INJUNCTIONS.

How granted, in High Court of Chancery 395. Rules as to granting 396.

INOCULATION.

See Small Pox.
License to inoculate for small pox, how obtained 371.

INSPECTORS.

Inspectors of pork, beef, flour,

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tar, pitch & turpentine, how appointed 250. Their oath & duty 250, 251. Inspectors of tobacco, how appointed 495. Additional inspector 496. Various duties and responsibilities of inspectors 497−508. Ineligible to general assembly 508. Not to interfere in elections 509. Salaries of inspectors 510.

INSURRECTION.

See Invasions & Insurrections.
Commissioners appointed to investigate rise, progress, and extent of disaffection near Fort Pitt 374. Their powers 375. Governor authorised to send force for protection of western frontiers 375.

INTAILS.

See Fee Taille, & page 226.

INTEREST.

Tender of paper money, and a refusal, an extinguishment of the interest 298. How tender may be made, in certain cases 298.

INVASIONS & INSURRECTIONS.

Allotments of militia for regular routine of duty 291. How made 291. Penalty for neglect 291. Duty of officers on invasions or insurrections 291. Duty of executive 292. Militia called out in rotation 292. Failing to attend or find a substitute deemed a deserter 292. Volunteers accepted 292. If case urgent, nearest militia may be called out, till relieved by those in turn 292. Arms, how provided 292. Punishment for embezzling 292. Officers how detailed 293. How officers and soldiers paid 293.

Resignation when called out, how treated 293. Impressments allowed 293. Appraisements 294. Impressed articles how certified and paid for 294. Privileges of those in service 294. Rank of officers on duty 294. Look-outs on eastern frontier 294. Scouts on western 294. Pay of militia in service, same as regulars 295. Messengers 295. Fines on officers for neglect in relation to invasions, &c. 295. Courts martial, what punishments they may inflict 295. How constituted 295. Oath of members 295. Clerk 296. Fines, how collected 296. Evidence 296. When offender may be tried 296. Quarter masters 296. Commissaries 296. How appointed 296. Repealing clause 297. This act to be read to militia 297. Governor authorised to send assistance to a sister state, on an invasion 428, 429, 462, 477. Act amended, by increasing punishment for mutiny, desertion, &c. 458.

IRON WORKS.

Act for encouragement of iron works 303. Hunter's extensive works, near Fredericksburg, recited 303. His privileges in obtaining ore, from the Accakeek furnace tract 304. Iron or other ore, how explored, and the land opened 304. half an acre of land, at Aquia, or Potowmack creek, vested in James Hunter, for a landing 305. Commissioners for the purposes of this act 305. Exemption from impressments, at lead, copper, or iron

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works 305. Right of James Hunter to acquire half an acre of John Richard's land 305. Apprentices and hired servants at iron works not to be enlisted without leave 592.

JAILOR.

See Public Jailor, & page 418.

JAMES TOWN.

Election of delegates to convention for, during the interregnum, how conducted 55. Deprived of representation, by operation of 5th article of constitution 55, 114.

JUDGES.

How appointed, during the interregnum, to decide on breaches of the ordinance to enforce the continental association against importing goods, &c. 105. How appointed, under the constitution 117. Salary of judges of admiralty 219. Wages of judges of court of oyer and terminer 308. Number of judges of admiralty 202. Of High Court of Chancery 389. Of general court 418. Salaries encreased 521. Of what judges, court of appeals constituted 522. Precedence of judges 522. Oath of judges of high court of chancery 389. Of judges of general court 401. Of courts of appeals 523.

JUDGMENTS.

Conveyances by commissioners and sheriffs, under judgments and decrees confirmed 210.

JUDICIARY.

Department of government, separated by the constitution,

from legislative and executive 114.

JURIES.

Grand, and petit, for court of oyer and terminer, how summoned 307. For general court 416, 417.

JURISDICTION.

Of court of admiralty 202. Of high court of chancery 389. Of general court 402. Of court of appeals 523.

JUSTICES OF THE PEACE.

How appointed, under the constitution 117. Empowered to act, on taking an oath 127. Vacancies, how supplied 127. Justices in West Augusta, how qualified 127. Justices removeable by the executive 127. May be sued jointly 409. Governor and council may appoint justices, in certain cases 477. And remove them for misconduct 478.

KENTUCKY.

Kentucky, Washington, & Montgomery counties formed out of Fincastle, which became extinct 257. Boundaries 257. Court days 558. Qualifications of electors 260. Kentucky election confirmed 316. Not to be drawn into precedent 317.

KING.

Punishment of those asserting the power of the king or parliament of Great Britain 170. Or who oppose the government of this commonwealth 170. Indictments, &c. depend- in the name of the king, on the 12th of April 1774, prosecuted in the name of the commonwealth 473. Appeals

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against the king, carried on against the commonwealth,& bonds, &c. to him, to operate as if to commonwealth 473. Judgments in favor of king, to enure to commonwealth 473. Criminal prosecutions, &c. revived 474. Appeals to, transferred to general court 525.

KING GEORGE.

Place for holding courts in Stafford and King George counties, how fixed 227. Boundaries of Stafford and King George altered 244. Part of Westmoreland added to King George, and part of King George to Westmoreland 432.

LAND-BOUNTY.

Offered by congress 179. Bounty for three years, or during the war, together with the continental land bounty 589.

LANDLORDS.

See Taxes.
Taxes on land, proportioned between landlords and tenants 356. If paid wholly by tenant may be deducted out of rent 357.

LANDS.

Conveyances, by non-residents, how authenticated 207. Privy examination of non-resident femes covert, how made 208. Former acknowledgments confirmed 209. How defective privy examinations confirmed 209. Conveyances by commissioners and sheriffs under judgments and decrees confirmed 210. Tenants in fee taille to hold in fee simple 226. Vestry of Westover pa- parish, in Charles City, authorised to sell their lands on

which poor house is erected 228. Lands condemned, at Cave's warehouse, at head of Potowmack creek, for storehouses, for reception of naval stores, vested in commonwealth 235, 236. Lands and slaves, in York, purchased for making wine, under the direction of Andrew Estave, to be sold 239. Privilege of James Hunter in obtaining iron ore from the Accakeek furnace tract 304. How iron or other ore explored, and the land opened 304. Half an acre, on Aquia or Potowmack creek, vested in James Hunter, for a landing 305. His right to acquire half an acre of John Richard's land 305. Vestry of Botetourt parish, in county of Botetourt, authorised to sell their glebe and purchase another 319. Land tax on settlements, on the western waters 355. Settlement rights, what 356. Waste and unappropriated lands liable to tax as soon as granted 365. Vestry of St. Patrick's parish, in Prince Edward authorised to sell their glebe 440. So, as to St. Paul in Hanover 443. Glebe of Washington parish to be sold 526. Vestry of upper parish in Nansemond to sell the work house and lands in Suffolk 527. Glebes of Camden and Amherst parishes to be sold, and the money divided between those parishes and Patrick & Lexington 568. Certain lands on the Ohio, and Green rivers, vested in Richard Henderson &

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company, in consideration of their expense and trouble in making a purchase from the Cherokee Indians, which had been declared void 572. Certain lands of the estate of John Thornton and Judith Banks, vested in trustees to be sold, and the monies laid out in the purchase of other lands 573. Lands of Bryan Obanion, escheated to the commonwealth, vested in trustees to be sold 576. Proceeds how dirtributed 577.

LAND-TAX.

Tax on lands 65. On land-holders in Fincastle and West Augusta, though no patents obtained 66. Additional land-tax 144, 220. Landholders of certain counties entitled to vote at elections to pay a land-tax, for lands unpatented 221. Land tax, on settlement rights, on the western waters 355. Land-tax proportioned between landlord and tenant 356. If paid wholly by tenant, may be deducted out of rent 357. Due by proprietors residing out of the county 358. Waste and unappropriated lands, liable to tax, as soon as granted 365.

LARCENY.

In stealing paper money 303.

LAW PROCESS.

Tax upon 66, 221, 390, 418.

LAWS.

All laws to originate in house of delegates, but if not money bills, amendable by senate 115. Common law of England and public acts of parliament, prior to 4 James I. adopted 127.

Act for revisal of the laws 177. Committee how appointed 177. Their powers 177. Bills to be passed by general assembly 177. By what laws court of admiralty governed 203.

LEAD MINES.

Power of committee of Fincastle to procure lead, from the mines in that county 73. May agree with proprietors for their use 73. Governor authorised to extend the operations 237. May dispose of surplus lead to U. Statcs, or sister states 237. Compensation to proprietors, how made 237.

LEGISLATURE.

Of Virginia, under the constitution, how formed 114. Separate from executive and judiciary 114. Legislature formed of senate and house of delegates, and called General Assembly 114.

LEVIES.

Vestries of parishes of St. James and Amherst empowered to fix the rates of paying their levies in tobacco 238. Public levy, on tithables 369. Sheriffs to give bond 370. Balances due from certain counties 370. Public tobacco, how sold 370. When and how payable 512, 514. Sheriffs, when required by church wardens, to collect and account for parish levies in the same manner as county 527.

LEXINGTON.

Town of, established at Rockbridge court house 423. Lots, how acquired and disposed of 423. Lexington parish formed

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from Amherst 567. Glebes of Camden and Amherst to be sold, and money divided between those parishes and Lexington 568.

LIBEL.

In court of admiralty, rules for filing 204.

LIEUTENANT COLONELS.

Of militia, their command 268.

LIEUTENANT-GOVERNOR.

President of the council, when to act as lieutenant-governor 116. In absence of governor, and president of council, eldest privy councillor to act as lieutenant-governor 212.

LIEUTENANTS.

Of militia, their command 268.

LIMITATION.

Certain deeds not recorded in time, may still be recorded 215. Period excepted out of the act of limitations 215. Act amended 430. No limitation bars commonwealth of execution 474.

LOAN OFFICE.

United States loan office established 283. Commissioner of loans appointed 284. Terms of borrowing 284. Form of certificate 284. Duty of commissioners 285. His compensation 285. Commissioner to conform to orders of continental treasurer 285. Forging or counterfeiting certificates, death 285. State loan office opened 286, 481. Terms of borrowing 286, 481. Form of certificates 286, 481. Duty of treasurer 286, 481. Certificates not assignable 482. What sum to be borrowed 287. When principal and interest

to be paid 287. Forging or counterfeiting certificates, how punishable 287. Wife of offender provided for 287. British debts payable into the loan office 379.

LOOK-OUTS.

When and in what counties on eastern frontier, appointed 294.

LOTTERIES.

Trustees of Hampden Sidney academy, authorised to raise a sum of money by lottery 321.

LUNATICS.

Act making provision for idiots and lunatics further continued 173, 479. Further allowance to patients 479. Proccedings of directors confirmed 479.

LUNENBURG.

Part of Charlotte county added to Lunenburg 327.

MAGAZINES.

Of provisions to be provided 196.

MAGISTRATES.

In the commission of the peace, empowered to act, on taking an oath 126. Vacancies, how supplied 127. Justices in West Augusta how qualified 127. Justices removeable by the executive 127.

MAJORS.

Of militia, their command 268.

MANCHESTER.

Vestry of Manchester parish dissolved 527. Power of trustees of town of Manchester enlarged, so as to prevent trespasses on streets, &c. 578.

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Pages 629-638

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