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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, exclusive of interest, or the sum demanded on a penal statute exceeds five dollars; giving security, s. 4, p. 115. 4. Verbal acknowledgment of security endorsed by the justice on the warrant sufficient, s. 5, p. 115. 5. How and when such appeals to be tried.--Damages and costs on affirmance of judgment, which is to be entered against principal and security jointly ; execution to issue accordingly, and endorsed “no security to be taken,” s. 6, p. 115. 6. Duty of justice in transmitting papers on appeal;-of clerk in docketing cause, and his fees;--remedy given to securities who are compelled to pay money under this act, s. 7, p. 115. 7. Fees of counsel, on appeals, from the decision of a justice, s. 12, p. 116. 8. Court, on reversing judgment of justice, to render such judgment as he ought to have given, s. 14, p. 116. 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. 11. No appeal from a decree of a superior 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 either of them during term time, or in vacation, s. 4, p. 128. 12. 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. 13. 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.
* ( 240 ) AR. 2. — of the master armourer, s. 2, p. 25, and s. 1, p. 71. of the assistant armourer, s. 2, p. 25, and s. 1, p. 71. of the clerk to the manufactory of arms, s. 2, p. 25, and s. 1, p. 71.
ASSEMBLY. 1. When elections of members of the • state legislature, and of representatives 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 election, p. 3. . -. * 4. None but residents of the state to exercise the right of suffrage therein, unless employed abroad in the service of the United States or of this state, p. 146. 5. Mileage of members of, ascertained, App. No. IX. p. (127) ASSES.–See HoRSEs & Asses.
1. In the hands of sheriff representing a
1. May recover from any previous ass
signor, s. 3, P. 135. 2. But in suits against remote assignors, they shall be subject only to such re. covery, 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 obligations are now entitled to, s. 3. p. 136. * ASSIGNORS . Of bills, ngtes and obligations, 1. How far, responsible, See Assign
3. 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 discoyery, 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 repleyied, s. 4, p. 99. 6. Not cognizable by a single justice, if ... the sum demanded exceeds ten dollars, 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 infelior courts in the same manner as by clerks of district courts, s. 1, p. 113, 114, ATTORNEY GENERAL. 1. The act empowering the inspector; of the penitentiary, with the execus tive .."attorney general to form rules for the internal government of the penitentiary, repealed, s. 1, . 140. 2. Powers vested in him, and others, in relation to the penitentiary, transfers red to the executive, s. 3, p. 140
ATTORNIES. 1. For the commonwealth, liable on moe tion, for fines collected and not paid into the treasury beforc the 1st of January, 1804, s. 3, p. 2. 2. – their duty in proceeding against sheriffs, &c. for fines, forfeitures, pe. nalties and amercements imposed to the use of the commonwealth since 1796, s. 6, p. 105. 3. — may be allowed a further com: pensation for their services by the district courts, s. 1, p. 6. 4. — to move against sheriffs failing to returu to the clerk an account of gale; of tu insulvent person's property committed for a fine or amercement at the suit of the commonwealth, s. 2, p. 27.
A T. As
5. — deputy, to prosecute in their
names, for penalties for stemming or manufacturing tobacco without license, 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 t 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.
8. Hereafter to be chosen annually, ch. 38, p 60. 9. To obtain judgment, by motion, against sheriffs and their securities jointly, for public revenue, p. 71, 72, 10. To grant a warrant on the treasury for amount of public printer's account certified by the speaker of H. D. s. 3, p. 73. 11. To issue warrants for witnesses' attendance in civil cases for the commonwealth, p. 83. 12. When to issue a warrant for expenses of an ideot or supposed ideot or lunatic, returned from the hospital for want of room or other cause, p. 118, 119. 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-men, 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. a
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.
3. 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 cases, s. 12, p. 81. .
BALL, 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 owner, 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.
BAIL-BOND. 1. Where sheriff or other officer is directed to return the copy of a bailbond, he may return the original, s. 2, . 17. p BALANCE, Paten. 1. When Dearborn’s, may be introduced into the public warehouses, ch. 46, p. 74. BALLOTS. 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. 1. Bank established, p. 60. 2. Capital stock, ibid. 3. Commissioners appointed to receive subscriptions, p. 60, 61. 4. How long books to be kept open, 61. P 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.
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, - 62. p 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, s. 6, p. 63, 6421. When the operations of the bank to commence, s. 6, p. 64. 22. Directors to appoint officers, clerks, and servants, and fix their compensation, s. 7, p. 64.
23. Constitution of the Bank, S. 8, p. 64, 65, 66. 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. – III. Who eligible as directors, p. 65. – 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, - 65. p – V. What number of directors to constitute aboard—President always té be one, unless necessarily absent, in which case he may substitute, by writing, any other director, p. 65.