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805

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D

D

DISMAL SWAMP.
      Dismal swamp canal company incorporated 478. Various rules and regulations 478 to 494.
DISQUALIFICATION
      Of officers, under the federal government, to hold offices under this commonwealth 694.
DISTRIBUTION.
      See intestates, estates and page 146. Husband not bound to distribute wife's estate 146. −− When distribution to be made; bond to refund 151.
DISTRICT COURTS.
      Oath of judges of 510. Act of 1787, establishing district courts 532 to 558. ======This act never went into operation, but was suspended by the act of 1788. Act suspended 644. Kentucky district court, act concerning amended 704. −− Act establishing district courts and for regulating the general court 730. ======This act went into operation. Districts 730. District of Petersburg 732. −− New counties; additional judges to constitute a court; criminal cases; oath of judges 734. Adjournment; continuance; no discontinuance; jurisdiction 735. Admiralty causes; juries; motions; criminal cases; questions adjourned 736. No costs on adjourned questions; allotment of judges 737. −− Clerks; their fees; forms of writs; teste of writs; habeas corpus; suits against governor, council, sheriff 738 Capias ad respondendum; copy of bond evidence 739. Bail in
personal actions 740. Bail in detinue &c. exceptions to bail 741. Office judgments; special bail; surrender of principal 742. Proceedings against defendant in custody 743. Alias capias; writ executed but not returned; rules in clerk's office 744. Practice; pleas in abatement; several pleas 745. Proclamation; office judgments; dockets; juries de mediatate; jurors witnesses; contempts; papers read in evidence; conduct of sheriff qualification of jurors 746. Fee for summoning jury; summons for witnesses; deposition; foreign commission 747. Single witness; witnesses refusing to testify; allowances to witnesses before referees &c. ; who not witnesses; witnesses failing to testify 748. Privileges of witnesses; their attendance; interpreters; non-suit; new trials; ejectment; scrolls; detinue 749. −− Part of issue found; faulty count; confession of judgment; lawyer's fees; witnesses to a fact; costs; executions; not directed; distringas 750. Replevy bonds; notices what good; records, making up 751. Scire facias; certiorari 752. Supersedeas; appeals 753. Appeal bonds; damages; criminals, examination of 754. Public jailor 755. −− Guards; witnesses for prisoner; records of criminal cases 756. Venire-men, entering witnesses attendance; grand

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D

juries 757. Presentments; attornies for commonwealth; prison rules; costs of prosecution 758 Suits transmitted from general to district courts; terms of general courts; judges 759. Jurisdiction of general court 760.
DISTRINGAS
      In detinue, power of court over 750.
DOCKETS
      IN district courts 746.
DOWER
      Of widows renouncing will 145. In personal estate 146. Relinquishment of in the state 155. Out of the state 156. In uses and trusts 157. Act concerning dower and jointure of widows 162, 165. −− Jointure in lieu of dower 164. Writ of dower; pleadings 164.
DRAWBACKS.
      See duties.
DRINK.
      Punishment of those who sell unwholesome meat or drink 336.
DRUMMOND
      Town, in Accomack county, established 402.
DUMFRIES.
      Trustees of town of, appointed 372. Powers of trustees enlarged 630.
DUTIES.
      Act for better securing collection of 46. Additional duty on tobacco exported 288. −− (On spirits imported) cheese, tea, hemp and cordage; on tonnage of vessels 289. On
salt, wine and malt liquors 290. On goods ad valorem 290. Export duty on tobacco explained 291. Collection of duties; articles exempted 304. Additional tonnage; entry of vessels and cargoes; tax on seamen; penalty for false return; naval officers to reside where office kept 305. Permits; penalty for unlading without; searchers 306. Assistant searchers 307. Further duties of searchers; casks of wine and spirits how estimated; when casks gauged 308. When packages may be opened; transportation from district to district; rule where part of goods only destined for this state 309. Goods deposited as security for duties; officers obstructed, how assisted; what goods may be water borne 310. When naval officer to account; duty bond; how recoverable 311. Penalties on naval officers; bond and security, by solicitor; within what hours goods landed 312. Naval officers and searchers, how suspended or removed; subject to controul of executive; seal of office; where vessels to enter; registers of vessels 313. Duty on goods brought by land, how secured; to whom paid 314. Goods may be examined; penalty for failure to enter goods brought by land; how such recoverable; searchers for such goods, how appointed 315. Drawbacks 316. Duty

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E

E

of keepers of ferries over the Potowmack 317. Naval officer of Northampton where to keep his office 318. Additional duties 413, 416. Naval officers and collection of duties various regulations concerning 438 to 452. Privileges in favor of France &c. 514.
DU VAL, SAMUEL JUNR.
      Trustees of Samuel Du Val jun. authorised to sell his interest in the Deep Run coal pits 222.
EASTERN SHORE
      Academy established on 364.
EASTERN WATERS.
      See Lands.
      Time to survey entries 238. Consideration for warrants how payable 240.
EJECTMENT
      After issue joined, no exception admissible 749.
ELECTIONS.
      See Assembly, and pa. 120. −− Contested elections 123.
ELECTORS.
      See Assembly.
      Of president of United States, chosen by districts 648.
EMANCIPATION.
      James, a slave the property of William Armistead emancipated 381. Of slaves, under the will of Joseph Mayo, confirmed 611. Of Charles Moorman 613.
EMBLEMENTS.
      What deemed 151.
ERRORS.
      Confession of judgment equal to release of 750.
ESCHEATORS
      To be appointed in Northern Neck 117. How appointed; bond and security; not to act by deputy; inquests by 158: Traverse, monstrans de droit; land found for commonwealth how long to remain in hands of escheator; when and how sold 159. Savings rights of others; inquests untruly found 160: Act of 1785, concerning repealed 411.
ESKRIDGE, ELIZABETH
      Administration of Alexander Wodrow, authorised to convey a lot to, in town of Winchester 220.
ESTRAYS.
      Method of taking up and appraising 168: How advertised; when property vested in taker up; valuation money reserved for proprietor; boats and vessels adrift 169: Provision, where estray dies 170. Mode of advertising in Kentucky 373, 688.
EVIDENCE.
      See Depositions, Witnesses.
      When copy of bond evidence 739.
EXAMINATION
      Court of, 340.
EXECUTIONS.
      Returns of, in county courts 35; Execution law amended; −− three months replevy bonds abolished 457. Twelve months replevy bonds substituted; −− form and effect thereof 458. Cases excepted; commissioners to value property taken in execution 459. Their duty 460.

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F

On service of execution on the body, debtor may tender property; remedy against assignors of 12 months bonds; valuers of property, how to proceed 461: On final decrees; for costs 465. Against lands of sheriff &c. on judgments of the commonwealth 558: Form of writ 561: From district courts how issued and returned 750: Execution law explained and amended 776: −− Sheriffs fee for bond, and commissions ; proceedings when property is tendered in discharge of the body; where it is under previous incumbrance 777.
EXECUTORS & ADMINISTRATORS.
      Administration with will annexed; oath of; and of executor ; bond 144: To whom payable when no security: power of executors before probat; curator 144: Jurisdiction in granting administrations; who to be preferred; when creditor 146: Oath and bond of administrator 147: Securities, how far liable; when court liable; how security relieved; certificate of administration; letters of, in due form; lists of 148. Appraisement; inventories; sale of perishable goods 149. Sale of other personal estate; when no appraisement; dead victuals; sale of lands; rule as to servants and slaves 150: Emblements; tenant for life dying; rent apportioned; debtor executor; distribution, when; bond to refund; allowance to executors
and administrators 151. Dignity of debts; power of tenant to devise; suits by and against executors and administrators; executors of executors 152: when estate committed to sheriff 153: Wills executed in foreign countries, how proved here 503: Executors may take probate of foreign wills after recorded 504:
EXPATRIATION.
      Right of, how exercised 263.
EXTORTION.
      See Bribery.
FALMOUTH.
      Town of, enlarged 374.
FAYETTE.
      Marquis De La Fayette naturalized 30: County divided, and Bourbon formed 89: Court day altered 474. Again divided and Woodford formed 663.
FEES.
      Act of 1745 revived 91, 588: −− Tobacco fees, how payable in money 91: Clerks' fees, when put into hands of sheriff, when accounted for; remedy against; executors and administrators liable; receipts evidence 92: Surveyors' fees, how collected and accounted for 588: When clerks to deliver their tickets to sheriffs 590: Fees of commissioners of tax, how collected 590.
FEE TAIL
      Converted into fee simple 156.
FERRIES:
      New ferries established 83: Across Kentucky river, at Frankfort 389: From land

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of John Curd, across Kentucky river 401: New ferries established and others discontinued 403: County courts in Kentucky authorised to establish ferries 500: New ferries established and their rates 511: Court of Norfolk to let ferries across Elizabeth river 512. New ferries established, and others discontinued 701. New ferries established in the county of Ohio 721.
FINES
      List of, to be transmitted by clerks 763.
FIRE COMPANIES
      Establishment of, authorised 530.
FITCH, JOHN.
      Exclusive privilege granted to, of navigating steam boats, for a limited time 616.
FLOUR.
      Inspections of flour established; inspectors, how appointed 515. Flour how manufactured; size of barrels; brands 516. Contents of barrel; tare; manifests; bread for exportation 517. Degrees of flour to be branded on barrels; inspectors' fees; appeal from inspectors 518. Attendance at mills on tide water; oath of inspectors 518. Inspectors not to deal in flour; penalty for altering brand &c; assistant inspector; inspectors how removed 520. Penalties, how recovered 692.
FLUVANNA.
      Boundary between Goochland
and Fluvanna counties ascertained 70.
FORCIBLE ENTRY & DETAINER.
      Practice in suing out writs of regulated 703.
FRANKFORD
      Town of, in Hampshire county established 595.
FRANKLIN
      County, formed from Bedford and Henry 70.
FRAUDS AND PERJURIES
      Certain contracts not good unless in writing 160. Conveyances to defraud creditors void; what conveyances deemed fraudulent 161. Loans, when fraudulent 162.
FRAUDULENT GIFTS
      Of slaves, construction of act to prevent 505.
FREDERICKSBURG.
      Trustees of Fredericksburg academy authorised to dispose of part of their lands 371. To raise a sum of money by lottery 632. Court day altered 696.
FREE PERSONS
      Stealing or selling free person, for a slave, felony without clergy 531.
FRONTROYAL
      Town of, in Frederick established 672.
GAMING.
      Keepers of A. B. C. or E. O. tables,

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H

or Pharoah bank, deemed vagrants 579.
GENERAL COURT.
      Number of judges to constitute a court 497. What suits transmitted from, to district courts; terms of; judges to constitute a court 759. Jurisdiction 760. Number of judges; allotment to district courts 770.
GENTRY, NICHOLAS
      Personal estate of, who became felo de se, vested in his widow and children 598.
GIFTS.
      Construction of act to prevent fraudulent gifts of slaves 505.
GILBERT, ROBERT.
      Escheatable lands of, vested in trustees, for benefit of his widow and payment of his debts 689.
GLEBES.
      Vestry of St. James Northam authorised to sell their glebe 627. Trustees of Nottoway parish, in Amelia 720.
GLOUCESTER
      Court day altered 407.
GOOCHLAND.
      Boundary between Goochland and Fluvanna counties ascertained 70.
GORDONSVILLE
      Town of, in Lancaster county, established 215.
GOVERNMENT.
      High treason to erect or attempt, a goverment independent of Virginia, within its limits 41.
GOVERNOR.
      What clerks may be appointed
by governor and council 131. Suits against 738.
GRAND JURIES
      For district courts 757. Failing to attend 758.
GREENBRIER
      Court day altered 407. Kanawha formed out of Greenbrier and Montgomery 670.
GREENSVILLE.
      Part of Brunswick county added to Greensville 596. Additional trustees to town of, in Buckingham 661.
GUARDIANS.
      Debt due from to ward, of first dignity 152, 197. What acts, may perform for infants and wards 193. Testamentary guardians, how and by whom constituted 194. Power of courts over guardians; bond and security; inventories; accounts 195. Supplemental security; disbursements; counter security 196. Estate of, first bound to ward 197.
GUARDS
      For prisoners 756.
HABEAS CORPUS
      Granted without a seal 738.
HALF PAY
      To widows and orphans 279.
HALIFAX.
      Court day of, altered 606.
HAMPSHIRE
      County divided, and Hardy formed 86: Court day altered 407. Part of Hardy added to Hampshire 597.
HANOVER
      Boundary line between counties of Henrico and Hanover established 620.

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811

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H

I

HARBOUR MASTERS,
      How appointed, their oath, duty and penalty for neglect 25.
HARDY
      County, formed out of Hampshire 86: Court day altered 407: Part of Hardy added to Hampshire :Pendleton county formed out of Augusta, Hardy, and Rockingham 637.
HARRISON
      County, divided and Randolph formed 393. Court day altered 407.
HARRODSBURG,
      Town of, in Lincoln county Kentucky established 223: −− Certain lands in to be sold 395.
HENRICO
      Boundary line between counties of Henrico and Hanover, established 620.
HENRY.
      Place of holding courts altered 374. Court day altered 407, 696.
HIGH COURT OF CHANCERY.
      Rules of practice in, altered 464 Executions on final decrees; executions upon; saving former remedy; executions for costs; pleas in abatement 465. Adjournment of court; appeals; depositions taken out of state; absent defendants, proceedings against 466: Injunctions, how proceeded on 467: When judges reduced to one 766: Where court held; terms; court may arrange business; commissioners in chancery; foreign commissions;
judge interested 766. Issue to general court; adjournment; Continuance of causes 768.
HIGH TREASON
      To erect, or attempt, a government independent of Virginia, within its limits 41.
HIRES.
      Apportionment of rents and hires 151.
HOOMES, JOHN
      Exclusive privilege granted to, of conveying persons in state carriages, for a limited time 618.
HORSES.
      Penalty for suffering a stoned horse to run at large; when forfeited 172.
HORSE STEALERS.
      Reward for apprehending 331.
HOTCH POT.
      Advancements brought into 139, 146.
HUSBAND
      Removing dower slaves 145: Administrator of his wife, not bound to distribute 146.
IDIOTS.
      See Lunatics, and pa. 165.
ILLINOIS.
      Additional commissioners for surveying and apportioning lands granted Illinois regiment 397: Register to issue patent to commissioners 398: Claimants to pay fees to commissioners 398.
IMPEACHMENTS,
      Trial of, in district courts 762: In court of appeals 764.
IMPRESSMENTS.
      See Militia.
      Of articles for militia, how made

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812

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I

J

and paid for 17. Act for adjusting claims for property impressed for public service, revived and continued 102, 278.
INDIANS.
      Commissioners to settle accounts of expeditions from Kentucky against the Indians 231: Act amended 521: Lands of Nansemond tribe, in Southampton sold to William Bennett 386: Trustees of Pamunky tribe appointed 406.
INDICTMENTS.
      Omission of parish, town, ville, or hamlet, not fatal in indictments 271.
INFANTS.
      See Guardians, and pa. 194 &c. May sue by next friend 357.
INFORMATIONS.
      Rules for filing 355.
INJUNCTIONS.
      Proceedings on 467.
INQUESTS
      How taken by escheators 158: Traverse monstrans de droit, petition of right to 159. Untruly found 160.
INTEREST,
      Rate of legal 338.
INTERPRETERS
      May be sworn 749.
INTESTATES' ESTATES
      How distributed; dower of widow; husband not bound to distribute his wife's 146. When distributed; bond to refund 151.
INVENTORIES
      Of decedents estate; how far evidence 149. Of estate of wards, by guardians 195.
JAILOR,
      Public, for district courts, how appointed, his privileges and duties 755, 756.
JAMES
      A slave the property of William Armistead, emancipated 381.
JAMES RIVER.
      General Washington's letter declining donation of shares in James River Company 43. −− How such shares to be appropriated 44: Company may extend shares and reduce depth of canal 116. Crow's ferry declared highest point of navigation 117. Remedy by motion against delinquent subscribers 508.
JEOFFAILS
      Statues of, adopted 749.
JOINT OBLIGATIONS.
      Effect of 350.
JOINT TENANTS.
      Partition between 349. Survivorship abolished 350.
JOINTURES.
      Act concerning dower and jointure of widows 162. Jointures in lieu of dower 164.
JUDGES
      Interested, where suit may be brought 763, 765, 767. Travelling expences allowed to 768.
JUDGMENT
      By confession, equal to release of errors 750.
JURISDICTION
      Of quarterly courts 32, 468. Of monthly courts 36. Crimes committed out of jurisdiction of this commonwealth, where tried 330. Of corporation

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K

L

courts limited 642. Of district courts 735. Of general court 760: Williamsburg and Norfolk not affected by act regulating cities 775.
JURY,
      Trial by, secured 186: Juries in district courts 736: Jurors witnesses; contempt by; conduct of sheriffs 746.
JUSTICES OF THE PEACE.
      Act empowering governor and council to remove from office, repealed 507.
KANAWHA
      County, formed out of Greenbrier and Montgomery 670.
KENTUCKY.
      Terms on which district of Kentucky may be erected into an independent state; convention how chosen 37: Conditions 38: Further provision for erection of Kentucky into an independent state 240. Laws regulating high court of chancery and general court extended to supreme court of Kentucky 475: County courts in Kentucky authorised to establish ferries 400: Courts in, may admit qualifications, on attested copies of wills &c. 503. Entries for land in Kentucky, to be transcribed in well bound books 509: How estrays advertised in 373, 688 Act establishing district court amended 704. Importation of slaves into, regulated 713. −− Further provision for erection of district of Kentucky into an independent state 788 Conditions 789.
KING WILLIAM
      Court day altered 407: Holt Richeson authorised to collect taxes of 774.
KINSALE
      Further time allowed to improve lots in 686.
LANCASTER
      Court day altered 408.
LANDS.
      Provision as to certain locations of land warrants, in the counties of Greenbrier, Harrison, and Monongalia 81. Further time allowed to enter certificates for settlement rights, and for locating warrants upon pre-emption rights 88, Public lands in York and Elizabeth city, except Point Comfort, to be sold 97: Act limiting time for surveying entries on western waters repealed; notice of surveying; on failure to attend entry void; surveyor to retain warrant 99: Owners of entries to appoint agents; saving to infants &c. or accidents; locations with deputy surveyor of Jefferson county confirmed 100: How waste and unappropriated lands on eastern waters obtained 100: Not to affect rights to marshes, or sunken grounds 101: Land papers of Northern neck to be removed to register's office 111: Copies, evidence; grants on surveys, how issued; unappropriated lands in; obtained as other lands 112: Composition money 113 Sale of lands devised to be sold 150: Sales by sheriffs

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814

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L

L

confirmed 153: Wrongful alienations of, to pass only what grantor might lawfully convey 166: Lands of John Mills, deceased, to be sold for payment of his debts 203: −− Further time for entering certificates for settlement rights, and locating warrants upon pre-emption rights 237: County courts not to grant certificates for such rights; time allowed for obtaining and entering pre-emption warrants; consideration; time limited for surveying entries on eastern waters, and making returns to land office; for surveying entries in Norther neck 238: Composition in what payable; grants on surveys returned to proprietors office how obtained; pre-emption in swamps, marshes, and sunken grounds in Northern neck; saving to infants &c 239. Caveats entered in Northern neck, how proceeded in; consideration for land warrants on eastern waters, how payable 240: Act declaring entries forfeited, on failure to appoint agents, repealed 266: Lands sold for taxes, by John Owen, sheriff of Pittsylvania, how conveyed 360: Additional commissioners for surveying and apportioning lands to Illinois regiment 397: Register to issue patent to commissioners 398: Claimants to pay fees to commissioners 398: Public lands in James city and Northampton, formerly annexed to secretary's
office to be sold 495 Entries for lands in Kentucky to be transcribed into well bound books 509: Patents to issue on surveys made in Northern neck, by Richard Rigg 533: Lands of sheriffs and public collectors may be taken on a fieri facias, on judgments of commonwealth 558: Judgments to bind the lands from their date; rules as to levying executions on lands; debtor may specify the lands to be sold 559: Lands how sold; how conveyed; if lands &c. of sheriff insufficient judgment may be obtained against security 560: Form of execution; executions to whom directed 561: Mode of selling lands for taxes 564: −− Further time allowed for entering certificates for settlement rights, and locating warrants, and locating warrants on pre-emption rights 570: Directors of public buildings authorized to convey to Philip Turpin, certain lots in Richmond 617: Governor authorised to issue grants, with reservation of other claims included in the surveys 646: −− Liable for taxes, in Albemarle, during sheriffalty of John Marks, how sold 662: Further time allowed to return plats and certificates of survey to land office 678: Further time to survey entries on the western waters 679: Duty of surveyors, on division of counties, as to entries 709.

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