AT. 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, 3. 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. 3, p. 99. 5. In all cases of, defendant may make defence, and any other person interplead without giving bail; but the property not thereby replevied, s. 4, p. 99. 6. Not cognizable 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penitentiary, with the execu tive and attorney general to form rules for the internal government of the penitentiary, repealed, s. 1, p. 140. 2.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 5. deputy, to prosecute in their names, for penalties for stemming or manufacturing tobacco without li cense, s. 1, p. 35. 6. Practising in any court may freely inspect the papers and records without taking copies, s. 5, p. 86. 7. Fee of $20, in prosecutions for bringing slaves into the state contrary to law, s. 8. p. 97. 8. Their fees on appeals, from decisions of a single justice, s. 12, p. 116. 9. For the commonwealth, may obtain damages, on motion, against a person injuring property impressed for public service, p. 121, 122. 10. Not to be permitted to argue on points submitted by commissioner to judge of superior court of Chancery, except by consent of parties, s. 1, p. 128. 11. Prosecutor for the commonwealth to be appointed by judge of each circuit, for their respective courts; his compensation, s. 6, p. 151. 12. The act reviving replevy law, not extended to, s. 3, p. 156. 13. Penalty on clerk for failing to transmit to attorney for the commonwealth, in district court, copy of warrant of commitment, and depositions taken on examination of a criminal sent for further trial, s. 2, p. 38. AUDITOR. 1. Salary of clerk of accounts in auditor's office raised, p. 1. 2. Duty of auditor in proceeding against sheriffs for fines, forfeitures, penalties and amercements, imposed to the use of the commonwealth, s. 2, p. 104. 3. in relation to fines imposed since 1796, p. 105. 4. To represent to the executive the case of lands of public debtors, which will not sell for want of bidders, s. 4, P. 7. 5. may be granted leave of absence by the executive, p. 106. 6. Salary of chief clerk of, when he performs the duty of auditor, during his sickness or absence, p. 25, 71, 106. 7. To certify failure of colonel commandant, to return name of clerk of court of enquiry, s. 18, p. 166. 13. To issue his warrant for value of property impressed for the use of the commonwealth, and lost or injured, `s. 1, p. 121. 14. To liquidate claims of venire-mes, for additional allowance for every day's detention after the first, ch. 104, p. 130. 15. To send executions for arrearages of taxes prior to 1802, to agent of the proper district, noting the cause of such arrears, and all pertinent matters, s. 3, p. 133. \ 16. To give information to agent of all debts due the commonwealth, on account of such taxes, for which judgments not obtained, s. 4, p. 133. 17. Agent to superintend execution of original and mesne process, against public defaulters, &c. and transmit the same to the auditor, s. 5, p. 133. BAIL, in criminal cases. 1. Copy of recognizance of prisoner let to bail, to be certified by clerk of county to clerk of district court, s. 2, p. 37, 38. 2. May be proceeded against in the district court, if the principal makes default, s. 2, p.38. 3. Copies of recognizance to be evidence, s. 2, p. 38. 4. What persons bailable in criminal ca ses, s. 12, p. 81. BAIL, in civil and penal actions. See SPECIAL BAIL. 1. To be taken on executing process on a person convicted of unlawful gaming; in what sum; and penalty on of ficer for neglect, s. 4, p. 13. 2. How special bail may be relieved, when the principal is imprisoned in any jail, p. 75. 3. In actions for the penalty for carrying slaves out of the state, or from one county to another without consent of the over, and with intention to deprive him of such slave, the defendant may be held to bail as of right, s. 1, p. 84. 4. May be required of masters of vessels in actions for carrying away or removing slaves, or suffering them to come on board, or dealing with them without consent of owner, s. 4, p. 85. 5. In attachments, defendant may make defence, and person claiming the property may interplead, without giving bail; but the property not thereby replevied, s. 4, p. 99. 1. How to be taken for electors of President and Vice-President of United States, p. 32. 2. How to be disposed of by commissioners, p. 33, 34. BANK OF VIRGINIA. 3. Commissioners appointed to receive subscriptions, p. 60, 61. 4. How long books to be kept open, p. 61. 5. Persons subscribing to be exclusively entitled to the benefit of shares, s. 2, p. 61. 6. Inhabitants of towns in which subscriptions taken, not to subscribe for the first ten days, except where they reside, ibid. 7. Style of the corporation, s. 3, p. 61, 62. BA. 8. Limitation of the charter, s. 3, p. 62. 9. To what amount the corporation may hold property, ibid. 10. What other acts they may perform as a corporate body, ibid. 11. Regulations to be observed in obtaining and reducing subscriptions, s. 4, p. 62. 12. When subscriptions payable, p. 62, 63. 13. Directors to be elected annually, by the stock-holders, s. 5, p. 63. 14. Treasurer to vote in behalf of the state; to what amount; and to be a director ex officio, ibid. 15. Directors for the branch banks, when and how chosen, ibid. 16. President to be chosen at each bank by directors, after every election, ibid. 17. If directors not elected on the day appointed, they may be chosen at any other time within ten days thereafter, ibid. 13. Vacancies in the direction supplied by a majority of the directors, ibid. 19. Persons voting for directors, to take an oath or affirmation, ibid. 20. When list of subscribers to be returned to commissioners at Richmond, 6, p. 63, 64. S. 21. When the operations of the bank to commence, s. 6, p. 64. 22. Directors to appoint officers, clerks, and servants, and fix their com pensation, s. 7, p. 64. 23. Constitution of the Bank, Art. I. Votes in proportion to shares, and scale graduated, p. 64. II. What number of directors, may be re-elected; President may al ways be re-elected, p. 64. 65. III. Who eligible as directors, p. IV. Director not entitled to any emolument, unless allowed at a general meeting of the stock-holders; who are to fix the compensation of the President, p. 65. V. What number of directors to constitute a board-President always to be one, unless necessarily absent, in which case he may substitute, by writing, any other director, p. 65. VIII. What lands, tenements and hereditaments may be held by the corporation, p. 65. - IX. Amount of notes which may be lawfully emitted by the bank, over and above their deposits-Liability of directors in case of excess; also of the corporation, How directors who were absent or dissented, may exonerate themselves, p. 65. - -X. What public stock they may purchase; what articles deal in; what interest take for loans, p. 66. -XI. No loan to be made to a government or state, unless previously authorised by law, p. 66. XII. Stock transferable, accord: ing to the rules of the bank, p. 66. XIII. Bills obligatory and of cre dit under the seal of the corporation, how assignable, and effect of such assignment Bills or notes signed by the president and countersigned by the cashier, tho' not under seal, as obligatory as such upon private persons; and assignable in like manner; those payable to order, by endorsement; those to bearer, by delivery; notes or bills discounted at bank; placed on the same footing as foreign. bills of exchange, except as to damages, p. 66. XIV. Half-yearly dividends to be made; and at the choice of directors; those of the preceding year, to lay before the stock-holders, a general state of the institution. Forfeiture for failing to pay subscription, XV. Branch banks, of discount and deposit, to be established; management to be committed to directors, subject to such regulations as shall be deemed proper, p. 67. XVI. Power of the legislature in relation to the affairs of the bank, p. 67. XVII. Directors to keep minutes of their proceedings; any two directors may call for the yeas and nays; those minutes to be produced to the stockholders, or the legislature, on demand, p. 67. XVIII. President and cashier not BA. directly or indirectly to be concerned in the purchase or sale, of any of the pub lic stock or funds, under penalty of $10, 000; cashier not to carry on any other business than that of the bank, under penalty of 5000 dollars, p. 67. -XIX. List of stockholders to be hung up in the common hall, at least one month before election of directors, p. €7. 24. Penalty on corporation for dealing in articles contrary to provisions of this act, s. 9, p. 67. 25. Bank notes receivable by the treas surer; and public monies to be deposi ted in the bank, s. 10, p. 67. 26. State to subscribe to the amount of three hundred thousand dollars; which sum to be loaned to the state, at interest not exceeding four per cent, s. 11, p. 67, 68, 27. When the loan to the state to be repaid; funds pledged for payment, s. 12, p. 68. dollars, s. 13, p. 68. 29. Nor negotiable at the bank unless so expressed on its face, s. 14, p. 68. 30. House, stationary, &c. to be pravided, s. 15, p. 68. 31. Punishment, for forging, couns terfeiting or passing or tendering notes of, knowing them to be forged, s. 5, p.894 32. In prosecutions for the above of stockholders, competent witnesses, s. 64 fence, president, cashier, officers, and 6, p. 80. 33. Punishment of persons, obtaining money or notes from, or from any of its offices of discount and deposit, by means of forged or counterfeited checks or orders, p. 118. 34.÷, for forging or counterfeiting, or keeping, or concealing any instrument for the purpose of forging, &c. the seal of, p. 118. 35. , for stealing or taking by robbery, any bank or post note, p. 118. 36. Act reviving replevy law not to extend to judgments obtained by any bank established by law, s. 5, p. 157. BANK NOTES. 1. Of inspectors of the penitentiary, abolished, s. 1, p. 140. 2. Formed of the inspectors of the penitentiary, the executive, and attor ney general, with power to prescribe rules for the internal government of the penitentiary, abolished, s. 1, p. 140. 3. Punishment of non-commissioned officers, soldiers, or by-standers, for improper conduct at musters, or before court or board, s. 24, 25, p. 46. BOND, of Indemnification. any |