1. Of decrees in chancery, damages to be awarded on, s. 2, p. 29. 2. Of a judgment of a single magis- trate on warrant, what damages to be awarded, s. 6, p. 115.
AFFIRMATION. 1. May be administered by all master commissioners in chancery in cases referred to them, s. 2, p. 94. 2. Under what circumstances a false af- firmation before a commissioner deemed perjury, ib.
3. In voting for directors of the bank, a false affirmation, perjury, s. 5, p. AGENTS.
1. To be appointed by the executive for sale of lands of public debtors, s. 4, p. 7.
2. Their duties and allowance, and how paid, s. 4, p. 7, 8.
3. To be appointed by the executive to collect arrears of taxes, prior to the year 1802, s. 1, p. 133. 4. Agents to give bond and security, s. 2, p. 133.
5. Auditor to send executions for such arrearages, to the agent of the proper
district, noting the cause, and all mat ters pertinent, s. 3, p. 133.
to transmit information to, of all debts due the commonwealth on account of such taxes, for which judgments have not been rendered; and the agent to take effectual mea sures for their recovery, s. 4, p. 133. 7. Agent to superintend the execution of all original and mesne process a- gainst public defaulters, and their se- curities and representatives within his district, and transmit the same to the auditor, s. 5, p. 133.
8. To render an account of his proceed- ings to the executive once a year ;- when to pay money collected into the treasury; penalty for neglect of du- ty, s. 6, p. 133.
9. To govern themselves by rules pres- cribed by the executive--May be re- moved from office, for good cause, and others appointed, s. 7, p. 133, 134.
10. Powers of agents, extend to all de- faulters of every description indebted to the commonwealth, prior to the 1st of Nov. 1802, s. 8, p. 134.
11. Compensation to agents, s. 9, p. 134. 12. Additional compensation when mo- ney recovered out of the state, s. 10, p. 134.
13. Agents formerly appointed to col- lect certain arrears of taxes--App. No. IX, p. (121,) (123.)
AID-DE-CAMP. See MILITIA, No. 4.
ALDERMAN.
1. Not to give an opinion on the refer- ence, or trial of a cause in which he has, or shall have acted as commissi- oner in chancery, s. 3, p. 94.
ALEXANDRIA, County of.
1. The act authorising the removal of slaves from, not repealed by that of the 25th of January, 1806, s. 13, p. 97, 98..
ALIENATIONS.
1. When lists of, to be furnished by clerks to commissioners of the reve nue, and their fees for entering.--See COMMISSIONERS OF THE REVENUE No. 14, 16.
to the Circuit Courts.-- See JUDGES, No. 14.
ALLOWANCES.--See FEES. 1. To prisoners discharged from the penitentiary, s. 2, p. 70.
2. To the jailor of a county or corpo- ration, s. 6. p. 86.
3. To venire men, for every day's de- tention after the first, ch. 104, p. 130. 4. Certain allowances heretofore made, to be paid, ib.
5. See AGENTS, No. 2, 11, 12.--AT- TORNIES, No. 3.
6. For supporting slaves and live-stock taken in execution, s. 1, p. 134. 7. To prosecutors for the Common- wealth, in the Circuit Courts, s. 6, P. 151.
8. To be made by Judges to clerks, for arranging causes, and transmitting papers to superior courts of law, s. 8, p. 152.
9. May be made by judge of superior court of each county to clerks, she- riffs and jailors, for public services; with certain restrictions, s. 1, p. 154. 10. To constable for arrests in criminal
cases, summoning witnesses, and con- veying prisoners to the county jail, p. 83, 84.
11. To guards, for conveying prisoners to the county jail, p. 83, 84.
12. To clerks of courts for taking and transmitting to auditor sheriff's re- ceipt and copy of judgments and ex- ecution for fines, s. 1, p. 104. 13. To commissioners appointed to va-- lue property taken in execution, s. 2,
AMENDMENTS.
1. To the Constitution of the United States, adopted by this state.-App No. IX. p. (114,) (128.)'
AMERCEMENTS. -See FINES, &c. No. 5, 11.
AMMUNITION.
See MILITIA, No. 48.
ANSWER, in Chancery.
1. In the Superior Courts of Chancery, to be filed within three months, after bill filed and subpoena executed, or bill to be taken for confessed, s. 4, p. 129. 2. Fees of Clerks for filing.--See CLERKS OF COURTS, No. 17.
APPEALS, Court of.
1. To award damages on affirmance of decrees in Chancery, s. 2. p. 29. 2. The vacancy occasioned by the re- signation of Paul Carrington, Esqr. as judge of, not to be supplied by the appointment of a successor; but the court to consist of four judges, any three to form a court, till another va- cancy shall occur; after which it shall consist of three judges, any two to form a court, s. 1, p. 127, 128. 3. Salaries of the whole number of jud- ges, to be equally divided among the survivors, s. 2, p. 128.
4. To hold three terms in a year; com- mencentent and duration of them, s. 2, p. 128.- Terms altered, See s.1, p. 145.
5. No appeal to be granted to an obli- gor or his security, to a judgment of a district court of law or chancery, on a forth-coming bond; but a writ of error or supersedeas may be ob- tained, as heretofore, s. 3, p. 128. 6. Not to grant an appeal from a decree of a superior court of chancery, or writ of error or supersedeas, in court; but the Judges may, either during term time, or any one' of them in va- cation, allow such appeal, &c. as heretofore, s. 4, p. 128.
7. Provision in case a sufficient num- ber of judges should not attend on the first or subsequent day of a term to constitute a court, s. 2, p. 145. 8. Clerk of, to certify judgments on appeal, writ of error or supersedeas at law, to clerks of superior courts of law, s. 15, p. 153.
APPEALS, in civil cases. 1. Court of appeals and chancery dis- trict courts to award damages on af- "firmance of decrees in chancery, s. 2, p. 29.
2. Duty of clerks as to making up re- cords in-See CLERKS OF COURTS, No. 19, 21.
3. Party may appeal from the judgment of a single justice, where the debt or subject of trover, or detinue, or ́ damages exceed ten dollars, exclu- sive of interest, or the sum deman- ded on a penal statute exceeds five dollars; giving security, s. 4, p. 115. 4. Verbal acknowledgment of security endorsed by the justice on the war- rant sufficient, s. 5, p. 115. 5. How and when such appeals to be tried.--Damages and costs on affir- mance of judgment, which is to be entered against principal and securi- ty jointly; execution to issue accor- dingly, and endorsed "no security to be taken," s. 6, p. 115. 6. Duty of justice in transmitting pa- pers on appeal ;-of clerk in docket- ing cause, and his fees ;-remedy gi- ven to securities who are compelled to pay money under this act, s. 7, p.
7. Fees of counsel, on appeals, from the decision of a justice, s. 12, p. 116. B. Court, on reversing judgment of jus- tice, to render such judgment as he. ought to have given, s. 14, p. 1 9. When they may be revived in name of sheriff and how far he is liable for costs, s. 2, p. 120, and s. 3, p. 121. 10. No appeal to be granted to any principal obligor or his security, to a judgment of a district court of law or equity on a forthcoming bond, but the party may obtain a writ of error or supersedeas as heretofore, s. 3, p. 128.
1. No appeal from a decree of a su- perior court of chancery, or writ of error or supersedeas to be allowed by the court of appeals, in court;--but may be granted by the judges or ei- ther of them during term time, or in vacation, s. 4, p. 128.
2. Not to be granted in any cause in chancery, till a final decree, unless such court shall think it necessary to prevent a change of property under an interlocutory decree, s. 2, p. 129. 3. When the record of an appeal to a superior court of chancery shall be filed with the clerk of that court, or the appeal be dismissed, unless good cause be shewn, s. 3, p. 129.
14. May be taken from a county to a district court on questions relating to the establishment of ferries, or an in- crease of the rates of ferriage, s. 6, p. 132.
15. How right of appeal to be exercised to and from the circuit courts, s. 4, 5, p. 151.
16. Appeals to lie and be had from the circuit courts, in the same manner and to the same jurisdictions as from judgments of the district courts at present, s. 7, p. 154.
APPEALS, in military cases. See MILITIA, No. 32. APPEARANCE BAIL.-See BAIL
APPEARANCE DOCKET. See DOCKETS, No. 3. APPOMATTOX COMPANIES. Laws concerning.--Appendix No. III. p. (34,) (54,) (179.) APPOMATTOX CANAL WARE-
of the master armourer, s. 2, 2. Executive to fix on and purchase pro- p. 25, and s. 1, p. 71. per sites for erection of arsenals, p (131)
of the assistant armourer, s. 2, p. 25, and s. 1, p. 71.
of the clerk to the manufactory of arms, 5. 2, p. 25, and s. 1, p. 71. 5. - of the commissary and store- keeper to the same, s. 2, p. 25, and
6. Artificers at, to be organized into an independent corps, See MILITIA, No. 55.
7. Arms undistributed to be kept at, s. 2, p. 141.
8. Superintendant of, may take appren- tices, p. 107,
9. County courts may direct overseers of the poor to bind orphans to super- intendant of, p. 108. 10. Superintendant may enter into bond as agent of the state for performance of covenants, p. 108.
11. When and how manufactory of arms established, App. No. IX. p. (132) ARMOURERS.
See ARMORY, No 2, 3,
ARMS See MILITIA, No. 48, 1. Not to be kept by free negro or mu- latto, without licence from their court, under penalty, p. 108, 109.
2. Executive how to execute the act concerning arms, App. No. IX. p. (131)
3. Act concerning amended, p. (134)
ARREARS, of Taxes. See AGENTS.-EXECUTIVE.-TAXES. 1. Agents to be appointed by the execu- tive, for the collection of, their powers, duties, and compensation, p. 133, 134.
ARRESTS, in civil cases, 1. When militia privileged from, See MILITIA, NO, 17,
ARRESTS, in criminal cases. 1; Allowance to constables for, p. 83.
ARRESTS, of officers,
See MILITIA, No. 24.
ARSENALS.
1. President U. States authorised to purchase a tract of land within this state not exceeding 640 acres, for pur- pose of erecting public arsenal, App, No. IX. p. (126)
1. When elections of members of the state legislature and of representa- tives in congress, to be held, p. 3. 2. At what time and place, sheriffs to meet to compare polls for senators and members of congress, p. 3. 3. No freeholder to vote more than once
for a senator or member of congress in the same district, at any one elec- tion, p. 3,
4. None but residents of the state to ex ercise the right of suffrage therein, un- less employed abroad in the service o the United States or of this state, p
Mileage of members of, ascertained App. No. IX. p. (127)
ASSES-See HORSES & ASSES. ASSETS.
1. In the hands of sheriff representing
Of bills, notes and obligations, 1. May recover from any previous as signor, s. 3, p. 135.
2. But in suits against remote assignors, they shall be subject only to such recovery, and have the same benefit of defence, as if brought by an immediate assignee, s. 3, p. 136.
3. No joint action shall be prosecuted against any two or more persons, unless they were joint assignors, s. 3, p. 136. 4. Nothing in this act to affect any rights which indorsers of bills of exchange, or assignees of bonds, notes and obiigations are now entitled to, s. 3. p. 136.
2. Proceedings, by attachment, where the creditor suspects his debtor will remove before the debt is payable; or has removed, leaving effects, s. 1, P, 98, 99.
8. Where the plaintiff alledges that the garnishee has not made a full disco very, s. 2, p. 99.
4. Right of property taken on attach, ment, how tried, s. 8, p. 99. 5. In all cases of, defendant may make defence, and any other person inter, plead without giving bail'; but the pro perty not thereby repleyied, s. 4, p. 99,
6. Not eognizable by a single justice, if the sum demanded exceeds ten dol lars, p. 114.
7 Allowance for supporting slaves and live stock taken by, s. 1 p. 134. ATTENDANCE. See WITNESSES, 1. Of Witnesses, to be entered by clerks of inferior courts in the same manner as by clerks of district courts, s. 1, P. 113, 114,
ATTORNEY GENERAL 1. The act empowering the inspectors of the penitentiary, with the execu, tive and attorney general to form rules for the internal government of the pe nitentiary, repealed, s. 1, p. 140. 2. Powers vested in him, and others, in relation to the penitentiary, transfer, red to the executive, s. 3, p. 140 ATTORNIES,
1, Forthe commonwealth, liable on mos tion, for fines collected and not paid into the treasury before the 1st of January, 1804, s. 3, p. 2.
2. their duty in proceeding against sheriffs, &e. for fines, forfeitures, penalties and amercements imposed to the use of the commonwealth since 1796, s. 6, p. 105.
may be allowed a further com pensation for their services by the dis trict courts, s. 1, p. 6.
4. to move against sheriffs failing, to return to the clerk an account of sales of an insolvent person's proper+ ty committed for a fine or amercement at the suit of the commonwealth, 5. 2, p. 27.
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