Hening's Statutes at Large

Pages 618-628 ======

Pages 639-646

===========================================================

629

INDEX

MARRIAGE LICENCES.

Tax upon 66, 221. Fees of governor for ordinary, and marriage licences abolished 225.

MARSHAL.

To court of admiralty 104, 203. His fees 206.

MARTINSBURG.

Town of Martinsburg, in Berkeley county established 569. Lots, how disposed of 569. Conditions 569. Power of trustees, as to boundaries, &c. 570. Privileges of purchasers 570. Forfeited for not improving 570. Survey to be recorded 570. Hogs not to run at large 570. Proviso, 570, 571. Power of trustees to prevent trespasses, &c. 571.

MECKLENBURG.

Hogs not to run at large in town of Mecklenburg (called Shepherd's town) in county of Berkeley 560.

MEHERRIN.

Vestry of Meherrin parish, in Brunswick dissolved 442.

MENONISTS.

Exempted from militia duty 34. To be enrolled, but not obliged to attend musters 139. Quakers and menonists drafted, exempted from personal service, but substitutes to be provided, by an equitable assessment on the whole society 345.

MESSENGERS.

Allowance for 295.

METHODISTS.

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

MILITIA.

See Invasions & Insurrections.
Officers, how nominated and commissioned during the interregnum 27.

Who liable to militia duty 27. How enrolled 28. Who exempted 28. Arms, &c. to be furnished by militia 28. Exceptions 28. Company and general musters, when 29. Misbehaviour in officers and privates, how punishable 29. Delinquencies, how reported 29. Court martial, how constituted 30. Their powers 30. May appoint a clerk 30. Fines, for delinquencies 30. How excused 31. Drums, fifes, &c. how procured 31. List of fines to be delivered to collector 31. Officers, how armed 31. Privates, when & how armed 31. Arms exempted from execution and distress, and person from arrest 31. Exempts not to appear at musters 31. Fines on infants and servants how paid 32. Collectors of fines, penalties on 32. Oath of militia officers 32. Oath of court martial 32. Penalty for failing to qualify to commission 33. Fines how appropriated 33. Fines for not attending court martial 33. Patrollers how appointed 33. Quakers and Menonists exempted 34. Pay of militia called into service 34. Collectors of fines, how appointed 34. Remedy against 34. How the ordinance published 34. When the forces on western frontier may be disbanded 35. Restrictions on committee of safety in calling out militia 51. Commissioners to settle accounts of militia for expedition against the Indians 61. To certify accounts

===========================================================

630

INDEX

to committee of safety 62. Who are to issue their warrants on the treasurer 62. Pay of militia 63. Provision for paying wounded officers and soldiers 64. 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 drafts 90. So much of former ordinance, as exempts militia from duty in month of February repealed 90. Pay of commanding officer, when called into service 90. Milita officers, how appointed under the constitution 116. 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 officers of county to call militia into service 139. Number of private musters reduced 140. All free male persons between 16 & 50 years to be enrolled in the militia 267. Except certain exempts 267. Organized into companies and battalions 268. Free mulattoes, how employed 268. Officers to companies and battalions 268. County lieutenant to command the whole 268. Oath of officers 268. Company musters 268.

General musters 268. How notified 268. Officers & privates, how armed 368. Arms for the poor, how provided 269. Penalty for selling or concealing arms 269. Removing arms out of the county 269. How recovered 269. Delinquents, how noted 269. Time allowed to provide arms 269. Arms exempted from executions and distresses, and persons from arrests 269. Drummers and fifers 270. Adjutants 270. Returns, how made 270. Fines, for various delinquencies 270. Fines incurred by infants and servants how paid 271. Misbehaviour in officers 271. disobedience in soldiers 271. Bye-standers, how punishable 271. Courts martial, how constituted 271. Oath, powers and duties 271. Clerk, provost martial 272. Fines, how collected 272. Remedy against sheriff 272. Bursar, his appointment and duty 272. Remedy for misapplication of money 272. Fines, how appropriated 272. Patrollers, how appointed 273. Their power and duty 273. Patrol returns 273. Compensation 273. Fines, for neglect 273. This act not to disqualify militia officers, heretofore appointed 274. Allotments of militia for regular routine of duty 291. How made 291. Duty of officers, in invasions or insurrections 291. Duty of executive 292. Militia called out in rotation 292. Failing to attend or find a substitute, treated as a

===========================================================

631

INDEX

deserter 292. Volunteers accepted 292. If case urgent, nearest militia may be called out, until relieved by those in turn 292. Arms, how provided 292. Penalty for embezzling 292. Officers, how detailed 293. How officers and soldiers paid 293. Resignation, when called out, how treated 293. Impressments 293. Impressed articles, how paid for 294. Privileges of those in service 294. Look-outs on eastern frontier, 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, and commissaries, how appointed 296. Militia of Williamsburg, & Norfolk, and professors & students of William & Mary College, how organized 313. Officers 313. Their oath 313. Subject to general militia laws 313.

MILL-DAMS.

Act compelling owners of mills, on Rappidan river, to make slopes in their dams for passage of fish, repealed 579.

MILLERS.

All millers in Accomack and Northampton to be enrolled in militia 139.

MINISTERS.

Dissenters not exempted from militia duty unless licensed 89.

Act making provision for clergy suspended 166, 312, 387, 469, 578.

MINUTE-MEN.

See Army.
Minute-men, how enlisted out of the militia 16. Colony divided into districts 16. Regiment to be raised in district of Accomack & Northampton 16. Battalion in each other district 17. Officers appointed by deputation of committees 17. Vacancies in deputies, how supplied 18. Chaplain and other staff, how appointed 18. Enlistments of minute-men, how made 19. Regulations for mustering and inspecting 19. Commissions and rank of officers according to priority in completing their companies 19. Rank of field officers 20. Arms, &c. how provided 20. Tents 20. Minute-men, how trained, by companies & battalions 20. Southern & northern districts 21. Pay of officers and privates when attending rendezvous 21. Fines for delinquencies 22. Imposed by court martial 22. Leave of absence 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. Regulars & minute-men, when to act in concert 25. Duty of officers & privates, on invasions 25, 26. rank of officers, when united in service 26. Fines for delinquencies 26. Assessed by court-martial 27. Appeal to committee of safety 27.

===========================================================

632

INDEX

Provision for paying minute-men 64. Ordinance requiring battalion duty repealed 86. Officers not completing their quotas to be superseded 86. Officers or privates joining regulars, how their places supplied 87. Hire of arms furnished by minute-men 87. Minute companies not complete to return to main body of militia 140. In Williamsburg discharged 140. Minute companies totally dissolved 198. Minute-men considered as militia 198.

MONONGALIA.

Counties of Monongalia, Ohio, and Yohogania, formed out of district of West Augusta 262. Boundaries 263. Court days 263. Qualifications of electors to general assembly 264.

MONOPOLISERS.

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

MONTGOMERY.

Montgomery, Kentucky and Washington counties formed out of Fincastle, which became extinct 257. Boundaries 257. Court days 258. qualifications of electors 260. Boundaries between counties of Montgomery and Washington altered 330. Green Brier county and parish formed out of Botetourt & Montgomery 420.

MOOREFIELD.

Town of Moorefield, in Hampshire county, established 425. Lots, how disposed of, 425.

Conditions 425. Power of trustees 425. Privileges of inhabitants 426. Forfeiture for not building 426.

MOTIONS.

Against sheriffs for taxes 67, 222. Against public debtors 300.

MULATTOES.

Free mulattoes, how employed in the militia 268.

MUSTER-MASTERS.

Pay-masters to act as such 84.

MUSTERS.

Of militia, company and general, when 29, 268. Exempts not to appear at 31. Number of private musters reduced 140.

NANSEMOND.

Vestry of upper parish, in Nansemond to sell the work house and lands, in Suffolk 537.

NAVAL OFFICERS.

Act appointing naval officers 184. For what districts 184. Bond and oath 184. Vacancies, how supplied 185. Permits for exportation 185. Bonds of masters of vessels 185. Permits for importation 185. Effect of permits 185. Within what time master of vessel to prodnce certificate of compliance with permit 85. Bond cancelled 186. Penalty for failure 186. Limitation of action 186. Bonds to prevent sailing in contempt of embargoes 186. Duty of naval officers, in relation to embargoes 186. Oath of master of vessel to prevent carrying out debtors, servants and slaves 186. Certificate as to unlading ballast 187. Bond and oath as to exporting tobacco 187.

===========================================================

633

INDEX

Power of naval officer to examine on oath 187. Fees of naval officers 188. Penalty for exceeding legal fees 188. Who may prosecute 189. Limitation of prosecution 189. Table of fees to be set up 289. Bribery in naval officers, how punishable 189. Receipts to be given for fees 189. Oath to be administered in clearing out 190. Poser of seizure 190. No vessel crossing the seas deemed of the built of this commonwealth, until registered 190. Form of register 190. Transfer of vessel to be endorsed by naval officer, on the register 191. Fees for register 191. Entries and clearance of vessels to be noted by naval officers 191. Bonds payable to governor 191. When naval officers to account with treasurer 362. Penalty for failing to account 362. For accounting and failing to pay 362. Naval officer appointed for Nottoway and Blackwater rivers 436.

NAVAL STORES.

Public storehouses established, at Cave's warehouse, at head of Potowmack creek, for reception of naval stores 235. Land vested in commonwealth 236.

NAVY.

Armed vessels to be provided by committee of safety 83. Pay of commodore and other officers and sailors 83. When & on what terms land forces may act in concert with naval 93. Naval commissioners appointed 149. How organized 149.

Majority may act 150. Their powers and duties 150. Not to affect contracts made with committee of safety 150. Two row gallies to be immediately built 151. Naval committee excluded from military and legislature 151. Two frigates and five gallies to be built 196. Virginia fleet, how manned 196. Seamen classed 196. Their pay 197. Commissioners of the navy authorised to vary the rates of pilotage 470. Salary of commissioners of the navy encreased 521. 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.

NE EXEAT.

How granted, in High Court of Chancery 395. Upon what granted 395. How discharged 396.

NEGROES.

Not to be enlisted, without certificate of freedom 280.

NEWPORT.

Vestry of Newport parish, in Isle of Wight dissolved 317.

NICHOLAS, ROBERT CARTER

His resignation as treasurer recited, rather than incur the incapacity of being elected a member of the legislature 199. His faithful discharge of the duties of his office 199.

NON-RESIDENTS.

Conveyances of lands, by non-residents, how authenticated 207. Privy examinations of non-resident femes covert, how

===========================================================

634

INDEX

made 208. Former acknowledgments confirmed 209. How defective privy examinations may be perfected 209.

NORBORNE

Vestry of, to appoint commissioners to ascertain value of churches and chapels 437.

NORFOLK.

Militia of, distinctly organized 33, 313. After the burning of Norfolk, the justices authorised to erect a temporary court house 231. In the mean time may hold courts at any place 231. Notice of place to be given by sheriff 232. Proceedings of court last held declared valid 232. Court to appoint persons to take list of tithables 232. Lists how given in 232. Levies to be paid 232. Elections how held 232. Militia officers in 313. Their oath 313. Subject to general militia laws 313. Commissioners for laying off Norfolk more regularly 314. Their oath 314. Their powers 314. Value of lands, taken for streets, how ascertained 315. Expenses, reimbursed 315. Compensation to commissioners and others 315. Proceedings to be reported to general assembly 315. Assessment on proprietors, how collected 316. Penalty on failing to account and pay 316. Vacancies in commissioners how supplied 316. Commissioners appointed to ascertain the losses by the burning of Norfolk 328. To distinguish between property destroyed by the enemy, or others, and between proprietors

who were friendly or enemies to America 328. Their powers, in collecting evidence 329. To take depositions and report to next assembly 329. Their compensation 329. Acts for more regularly laying off Norfolk, and for ascertaining the losses sustained by its burning further continued 427, 465.

NORTHAMPTON.

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.

NORTH CAROLINA.

Commissioners to extend the boundary between Virginia & North Carolina 562. Report of commissioners 562 Note.

NORTHERN NECK.

Quitrents abolished, except in Northern Neck 359. Deduction allowed in land tax, to amount of quitrents there payable 359. Such deductions to be certified to sheriff of Frederick, and levied on Proprietor of Northern Neck 359.

NORTH FARNHAM.

Vestry of North Farnham parish in Richmond county dissolved 525.

NOTES.

Penalty on private persons issuing bills of credit or notes, payable to bearer 431.

NOTTOWAY.

Vestry of Nottoway parish, in Southampton dissolved 526. Justices of Southampton authorised to erect toll bridges over Nottoway river 586.

===========================================================

635

INDEX

Tolls 587. Tolls, how appropriated 587.

OATHS.

Of militia officers, during the interregnum 32. Under the commonwealth 268. Of court-martial 32. Of the commander in chief 36. Of officers and soldiers of the regular army 36. Of court martial of regulars 45. Of witnesses 45. Oath of officers and privates altered 87. Of judges of admiralty 104. Oaths of office after the adoption of the constitution 119. Oath of governor 119. Of privy councillors 120. When to be administered to the first governor and council under the constitution 120. Powers of committee of safety then to cease 120. Oath of senator or delegate 120. Of secretary, attorney general, and clerks of county courts 121. Oath of attorney at law 121. Other oaths of office 121. Oath of naval officers 184. Of treasurer 200. Of judges of admiralty 202. Oath of court martial of the militia 271, 295. Oath of allegiance or fidelity 283. Oath of judges of Oyer & Terminer 306. Oath of militia offices, in Williamsburg and Norfolk 313. Oath of commissioners of tax 353. Of judges of High Court of Chancery 389. Of general court 401. Of masters of vessels intending to load with tobacco 483. Oath of inspectors of tobacoo 497. Of court of appeals 523. Of auditors 536.

OBANION, BRYAN.

Lands of Bryan Obanion,

escheated to the commonwealth to be sold 576. Proceeds of sale, how distributed 542.

OFFICE JUDGMENTS.

When set aside, in general court 405.

OFFICERS.

See Army.
Of regulars, how appointed during the interregnum 10, 77. Their commissions and rank according to priority in completing their companies 11. Vacancies, how supplied 12. Their pay 14. Of minute-men how appointed 17, 88. Commissions and rank 19. Pay of officers of minute-men 21, 23. Their duty on invasion 25. Rank, when united in service 28. Officers of militia, how nominated and commissioned during the interregnum 27. Oath of officers of the militia 32. Of the commander in chief of the army 36. Of the other officers 30. Officers commissioned by congress to supersede those by committee of safety 86. Oaths of officers and privates altered 87. Continuance of officers in army, and their mode of resignation declared 95, 96. Officers for six additional battalions, how appointed 180. To be commissioned by congress 183. Officers for fortifications, how appended 193. Continental officers take precedence of state 193. Officers to companies and battalions of militia 268. County lieutenant, to command the whole 268. Oath of officers 268. Officers of militia, how armed 268. Time

===========================================================

636

INDEX

allowed to provide arms 269. Officers appointed, before the adoption of the constitution, not disqualified 274. Duty of officers, on invasions or insurrections 291. How detailed 293. Fines for neglect 295. Rank of militia officers, while in service 294. Act to enable the officers and encourage the soldiers of the Virginia line, to continue in the continental service 565. Officers and soldiers presented with 6 months pay 566. Groceries furnished at stipulated prices 566. Pensions to widows of officers & soldiers who are slain, or die in the service 566. The last act, as to pay and groceries, in part suspended 580.

OHIO.

Counties of Ohio, Yohogania, & Monongalia formed out of the district of West Augusta 262. Boundaries 263. Court days 263. Qualifications of electors to general assembly 264.

ORDERS.

Read and signed, in high court of chancery 395. In general court 410.

ORDINARY LICENCES.

Tax upon 66, 221. Fees of governor for ordinary, & marriage licences abolished 225.

OVERSEERS.

Exempted from militia duty, to furnish arms and act as patrollers 89. All overseers to be enrolled 139.

OYER & TERMINER.

Special court of oyer and terminer, for trial of criminals constituted 172. Their powers extended 218. Court of oyer

and terminer established 306. Oath of judges 306. Grand jury, petit juries, venire facias 307. Wages of judges 308.

PAPER MONEY.

Treasury notes, or paper money to be emitted 67. Denominations 68. Signers of notes 68. Overlookers of the press 68. Compensation 68. On what paper, notes to be printed 68. Other denominations, and by whom filled up, numbered and signed 68. Notes when redeemable 69. Currency of notes 69. Forging or counterfeiting, death 69, 148, 224. Pasting paper on back prohibited, but notes defaced or torn redeemable 69. Taxes pledged for their redemption 69. Robert Carter Nicholas, esq. the treasurer, to give bond 70. In what sum 70. Notes redeemed to be annually burnt 70. Paper for, how supplied 92. Death to counterfeit paper money of congress, or of any of the United Colonies 134. A further emission authorised 145, 223. Lawful tender 147, 223. Further emission, in aid of the loan office 287. Lawful tender 288. Penalty for refusing them, or depreciating their value 288. Notes, when redeemable 288. Forging or counterfeiting, how punishable 289, 367, 541. Paper money emitted by authority of congress, or of this state declared equal to Spanish milled dollars 297. Penalty for depreciating it 298. Paper money a lawful tender 298. Tender and refusal, an extinguishment

===========================================================

637

INDEX

of the interest 298. How tender may be made in certain cases 298. Stealing or taking by robbery, paper money, felony 303. A further emission authorised 367, 456, 480. Act more effectually guarding against counterfeits 541. Offender may be apprehended, conveyed out of his county and tried 542. Reward for apprehending counterfeiters 543. Treasurer constituted judge of counterfeits, and authorised to deface them 544. County courts to appoint judges, who are also authorised to deface counterfeits 544.

PARISHES.

Vestry-men of Frederick requested to resume their offices 97. If a sufficient number to form a vestry refuse, the vestry dissolved, and a new one elected 98. Vestry of Westover parish, in Charles City, authorised to sell their land, on which poor hose erected 227. Parishes of St. James & Amherst empowered to fix the rates of paying their levies in tobacco 238. Vestries of parishes of Newport, in Isle of Wight, of Christ Church, in Middlesex, and of Stratton Major, in King & Queen dissolved 317. Vestry of Botetourt parish, in county of Botetourt, dissolved and new vestry to be elected 318. Their Powers 319. Authorised to sell their glebe and purchase another 319. Fluvanna parish formed from those parts of St. Anne and Fredericksville, lying within the county of

Fluvanna 326. Part of Cornwall parish, in Charlotte county, added to Cumberland parish, in Lunenburg county 327. Rockingham formed out of Augusta 420. Green Brier formed out of Botetourt and Montgomery 420. Rockbridge formed out of Augusta and Botetourt 421. Vestry in parish of Augusta dissolved 424. Vestries to be elected in parishes of Rockingham, Augusta, Rockbridge, Botetourt and Green Brier 424. Vestries of parishes of Frederick, Norborne and Beckford authorised to appoint commissioners to ascertain value of churches and chapels, in those parishes 437. Vestry of Christ Church, in Lancaster, dissolved 430. Vestry of St. Patrick in Prince Edward, authorised to sell their glebe 440. Vestries of parishes of Meherrin and St. Anne dissolved 442. Vestry of St. Paul, in Hanover, authorised to sell their glebe 443. Vestries of Manchester, St. Paul, North Farnham, Elizabeth River, Portsmouth, Beckford, Nottoway, Hanover, Washington, St. Stephen, and Blisland dissolved 525. Part of Hanover added to Washington, and part of Washington to Hanover 526. Glebe of Washington to be sold 526. Vestry of upper parish in Nansemond to sell the work house and lands in Suffolk 527. Commissioners of tax, in Botetourt, to provide for the poor 527. Sheriffs, when required to collect

===========================================================

638

INDEX

and account for parish levies, in the same manner as county 527. Camden parish divided, and Patrick formed 567. Amherst parish divided and Lexington formed 567. Glebes of Camden and Amherst to be sold, and the money divided between those parishes and Patrick and Lexington 568.

PARLIAMENT.

Acts of parliament, of England, prior to 4 James I. adopted 127. Punishing religious opinions declared void 164. Punishment of those asserting the power of the king or parliament of Great Britain 170. Or who oppose the government of the commonwealth 170.

PASS.

For leaving the state 186, 187.

PATESFIELD.

Town of Patesfield, in Isle of Wight, established under the Act for Ports, &c. being partially abandoned, lots undisposed of to be sold 44. Proceeds to be paid to county of Isle of Wight 44.

PATRICK.

Patrick parish formed from Camden 567. Glebes of Camden and Amherst to be sold, and the money divided between those parishes and Patrick & Lexington 568.

PATROLLERS.

How appointed 33, 273. their duty and compensation 34, 273.

PAY-MASTERS.

To be appointed, by committee of safety 84. Their salary 84. To act as muster-masters 84.

PENALTIES.

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

PENSIONS.

See Army.
Promised to wounded or disabled soldiers of the regulars 14. Provision for wounded officers and soldiers of the militia 64. To regulars, minute-men and militia 91. To widows whose husbands have died, or been slain in the service 345, 566, 589. To all soldiers, full pay for life 456, 589.

PERMITS.

To be granted by naval officers for exportation 185. Bonds of masters of vessels 185. Permits for importation 183. Effect of permits 185. Within what time master of vessel to produce certificates of compliance with permit 185. Bond cancelled, on production of certificate 186. Penalty for failure 186. Limitation of action 186.

PETIT JURIES.

For court of oyer and terminer, how summoned 307.

PHILIPS, JOSIAH

Act to attaint Josiah Philips and others, his associates 463.

PHYSICIAN.

Physician and director general to be appointed to hospital 195.

PILOTAGE.

Commissioners of navy authorised to vary the rates of pilotage according to exigencies of times 470.

===========================================================

Pages 618-628 ======

Pages 639-646

===========================================================