EX.

each session of congress to be printed and distributed with the acts of assembly, App. No. IX, p. (113)

24. Powers and duties of Executive under former laws, concerning sale of lands of public debtors, See LANDS.

25. To procure cartouch boxes, App. No. IX, p. (124)

26. To establish arsenals, App. No. IX, p. (131)

27. That law suspended p. (135.)

28. To establish a manufactory of arms, p. 132.)

29. To dispose of the ordnance be longing to this state, or exchange it for brass field pieces, s. 9, p. (132.)

30. How to obtain the site for a manufactory of arms, s. 10, p. (132.)

31. To cause public warehouses to be erected on the James river and Appomattox canals, to appoint superintendants, &c. App. No. IX, p. (137.)

32. To arm militia of certain towns, p. (139.)

33. To organize artificers at the armory into an independent corps, and appoint the officers, s. 6, p. 110.

1

34. How to direct payment for the statutes at large, to be subscribed for by the governor, and published by Wm. W. Hening, s. 2, p. 158.

EXECUTORS and ADMINISTRATORS

See ABATEMENT-REVIVOR. 1. In default of their qualification, if the estate of a decedent be committed to a sheriff, action at law or equity may be maintained against him, if originally maintainable against an executor or administrator, s. 1, p. 120.

2. Assets to be applied under order of court,-First sheriff dying, estate to be committed to his successor; and all suits, revived in his name, if originally maintainable by or against an executor or administrator, ibid.

3. No suit to abate by the death of either party, if originally maintainable by or against an executor or administrator, s. 1, p. 126.

4. Proceedings by and against executors and administrators, in such cases, s. 1, p. 126, 127.

5. Entitled to one contiuance, after appearance, or scire facias executed,p, 127.

See MILITIA, No. 4, 5, 27, 52.

EXTORTION.

1. Clerks of courts taking more than the legal fees, or fee for services not actually rendered, guilty of extortion, and how punishable, s. 4, p. 86.

2. Same law extended to commissioners in chancery, s. 7, p. 129, 130. FALMOUTH.

1. When taxes on merchants' licenses in, payable, s. 3, p. 112.

FALSE PLEADING.

1. Executor or administrator not liable out of his own estate, beyond the assets, for any false-pleading, mis-pleading, or non-pleading, p. 127, See EXECUTORS and ADMINISTRATORS, No. 6. FARMERS-See PLANTERS, No. 1. FARO-BANK-See GAMING, No. 10

FEES See ALLOWANCES.

1. Of master commissioners in char. cery, how collected and accounted for, s. 1, p. 93. may be

2

allowed by the courts appointing them,

FE 1

3. Of constables; for executing civil process, and for arrests; summoning witnesses, and guarding prisoners to the county jail, s. 2, p. 5, & 83, 84.

4.

P. 6.

how collected, s. 4,

5. How fees of sheriffs, sergeants and coroners to be collected and accounted for, s. 1, p. 16.

6. Fee to clerk for recording pedlars' licenses, s. 3, p. 111.

7. to commissioners of the revenue for granting licenses to merchants and pedlars, s. 3, p. 111, 112.

8. Clerks of superior courts of chancery allowed the same fees for services rendered the commonwealth as for individuals, p. 29.

9. Of commissioners of the revenue, for alienations, and alterations, except to correct the error of a commissioner, p. 82.

10. Of clerks of courts for entering rules, orders, and filing papers and pleadings, s. 1, p. 85.

11.

for entering continuances on the rule docket, ibid.

12. In what cases clerks of courts may charge fees for copies, in what not-See Clerks of Courts, No. 19.

13. Clerks of courts taking more than legal fees, or fees for services not actually rendered, guilty of extortion, and how punishable, s. 4, p. 86.

Same law extended to commissioners in chancery, s. 7, p. 129, 130.

14. How jailors to recover their fees of creditors whose debtors are in custody, s. 7, p. 86.

15. For maintenance of debtor not to be required of his creditor, if such debtor has taken the prison rules, ibid.

16. Of the register of the land-office raised, but not to affect prior locations, s. 1, p. 86, 87.

17. Of clerks of courts, on appeals from decisions of a single justice, s. 7, p. 115.

18. Of counsel or attornies, on appeals from the decision of a single justice, s. 12, p. 116.

19. Officers' fees not to be collected by coroner, supplying vacancy in office. of sheriff or sergeant, s. 2, p. 123.

20. May be collected by the deputy,

FE.

when the high sheriff dies, s. 3, p. 123. 21. Or by a collector, when both the high sheriff and deputy die, ibid.

22. Of clerks of chancery district courts for issuing executions, and taxing damages and costs, on appeals, the same as those of common law district courts for similar services, s. 8, p. 130.

23. Of sheriffs and clerks, under the act authorising the county courts to establish ferries and increase the rates, s. 11, p. 132.

24. Of all officers in the superior courts of law, to be the same as in the district courts for similar services, s. 7, p. 151.

25. Tickets for fees of clerks of courts to be put into hands of sheriffs and sergeants, on first of May; and be paid on first of November, s. 6, p. 162.

FELONY See MILITIA, No. 58.

1. Militia officer convicted of, annuls his commission, p. 137.

2. Felonies punishable with death, 1. High treason, s. 5, p. 16-2. Houseburning in a town, s 7, p. 80.-3. Arson at common law, s. 8, p. 80.-4. Slaves burning barn, stable, cornhouse, or other house to the amount of ten dollars, s. 1, p. 166-5. Murder in the first degree, See vol. 1, p. 355.

3. In a slave attempting to ravish a white woman, and to be punished, on conviction, as heretofore, viz. by castration, s. 11, p. 81.

4. No person to be tried for, in a district court, before an examining court passes on him, s. 5, p.

38.

FERRIES.

1. Power given to county courts to establish ferries, and fix the rates of ferriage, s. 1, p. 130, 131.

2. Person wishing to establish a ferry and owning lands on both sides of the water course, how to proceed, ibid.

3. Restrictions as to the rates of ferriage, ibid.

4. Applicant to advertise his intentions, s. 2, p. 131.

5. Like proceedings where the applicant owns land on one side of the water course only, s. 3, p. 131.

6. How to proceed where a stream divides two counties, s. 4, p. 131.

FI.

7. Rates of ferriage may be increased by county courts; proceedings in such cases, s. 5, p. 131.

8. Appeals may be taken to district courts, s. 6, p. 132.

9. Penalty on owner or keeper of a ferry, for refusing to set a person over, s. 7, p. 132.

10. What may form a reasonable extuse in the opinion of the justice, s. 8, P. 132.

11. Sections 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, of act of 1792, (see vol. 1, ch. 116, p. 227) declared to apply to all ferries established by virtue of this act, s. 3, p. 132.

12. All the acting magistrates of the county to be summoned, and a majority necessary to act under this law, s. 10, p. 132.

13. Fees of sheriffs and clerks of courts, under this act, s. 11, p. 132. For laws establishing ferries, see Appendix, No. XI, p. (164,) (173.)

FIELD OFFICERS.
See MILITIA, No. 3.

FIERI FACIAS.

1. No appeal to be granted in any cause in chancery until a final decree, unless the court where it is depending shall think the appeal necessary to prevent a change of property, under an interlocutory decree, s. 2, p. 129. FINES, FORFEITURES, PÈNALTIES and AMERCEMENTS.

See MILITIA, No. 37.

1. When and to whom clerks of general and district courts are to certify lists of fines to the use of the commonwealth, or whether any such fines have been imposed, and penalty for neglect, s. 1, p. 2. 2. When clerks of county and corporation courts to transmit lists to sheriffs,

FI.

and certify to auditor; and how to be levied and accounted for, s. 2, p. 2.

3. How fines collected and not paid into the treasury may be recovered, sa 3, p. 2.

4. Clerks of courts to issue writs of fieri facias or capias ad satisfaciendum, for fines imposed to the use of the commonwealth, s. 4, p. 2.

5. When such executions for fines, forfeitures, penalties or amercements to be issued, and how proceeded on, s. 1, p. 104.

6. Penalty on sheriff for neglect of duty, s. 1, p. 104.

7. Clerk to take a receipt from the sheriff or officer to whom execution delivered, and transmit it, together with a copy of the execution and judgment, to the auditor; and those certified copies to be evidence, on a motion against the sheriff, s. 1, p. 104.

8. Penalty on the clerk for failure, s. 1, p. 104.

9. Duty of the auditor in proceeding against the sheriff, s. 2, p. 104.

10. How fines, &c. imposed since 1796, to be collected, s. 4, 5, 6, p. 105.

11. Power of courts as to remitting fines, penalties, forfeitures and amercements, s. 7. p. 105.

12. On sheriffs or other officers failing to levy executions in behalf of the commonwealth, s. 5, p. 8.

13. On witnesses failing to attend before a single justice of the peace, p.122. 14. For unlawful gaming-See GA

MING.

15. Application of fines, &c. for unlawful gaming, imposed by the district courts, s. 5, p. 13.

16. Application of fines, &c. for unlawful gaming, imposed by the county or corporation courts, s. 5, p. 13.

When lists of fines recovered by commissioner of the revenue to be returned by him to auditor, s. 1, p. 111.

17. On merchants for selling without license, s. 1, p. 111.

18. On hawkers and pedlars for not recording their licenses, s, 3, p. 111.

19. On clerks of courts for failing to set up lists of pedlars' licenses, s. 3, p.

111.

23. Persons in execution for fines or amercements, may take the oath of insolvency; except where imprisonment is part of the punishment, p. 27.

24. Their property to be sold by she-. riff, as in case of other insolvents; sheriff to return account of sales to the clerk, and penalty for neglect, s. 2, p. 27.

25. Attorney for the commonwealth. to move against such sheriff, ibid.

26. Clerks to certify amount of sales and sheriff to account for them as other fines, s 3, p. 27.

27. For burning or destroying oysters, p. 28.

28. On commissioner of the revenue for failing to return lists of escheated lands, s. 1, p. 30

29. On escheator, for failing to hold an inquest, s 2, p. 31.

30. On sheriff failing to attend commissioners on election of electors of president and vice-president, p. 33.

31. On commissioners of such elections, for neglect of duty, or making a false return, &c p. 33, 34.

32. For manufacturing tobacco without license, s. 1, p. 35.

33. For selling manufactured tobacco without inspectors' certificate, s. 3, p. 35.

34. For failing to register slaves held in right of dower, or for life, p. 36.

35. On justices failing to summon a court of examination, p. 37.

36. On sheriffs failing to execute and return the warrant, p. 37.

37. On clerks of courts failing to perform their duty in relation to criminal prosecutions, s. 2, p. 37, 38.

38. On a person summoned by an officer to assist in dispersing slaves, who shall refuse to act, s. 2, p. 39.

39. For militia fines-See MILITIA, No. 37, 48.

40. On proprietor of warehouses, act-ing as inspector or commissioner, s. 2, p. 59.

41. For shipping or sending out of the state, refused tobacco, ch. 58, p. 83. 42. On inspectors for failing to pay rents of warehouses, s. 6, p. 59.

43.

for failing to have refused tobacco actually burnt, s. 9, p. 60. But the owner of refused tobacco, may now dispose of it. See Tobacco No. 15.

44. On the president of the bank, for being concerned in the purchase or sale of public stock, s. 8, p. 67, art. 18.

45. On the cashier for carrying on any other business than that of the. bank, ibid.

46. On the corporation of the bank for dealing in articles contrary to law, s. 9. p. 67.

47. Fine for hauling "seines within certain periods, p. 74, 75.

48. For passing private bank notes, issued by a bank having no charter, p. 79.

49. For carrying a slave out of the commonwealth, or from one county to another without consent of the owner, and with intention to deprive such owner of the slave, s. 1, p. 84.

50. On masters and skippers of vessels, for permitting a slave to come on board, or dealing with such, without consent of owner, $ 200 in addition to former penalties, s. 3 p. 84, 85.

51. Slaves forfeited if brought into this state contra y to law, and vested in the overseers of the poor, s. 1. p. 95, 96.

52. Penalty on those bringing slaves into this state contrary to law, or buying, hiring &c. such knowingly, s. 8. P. 97.

53. Slaves emancipated forfeit their right to freedom, if they remain in the state twelve months after it accrues, s 10. p. 97.

54. On jurors summoned to attend any inquest, and failing, s. 1, p. 99, 100.

54. On inspectors, pickers, or coopers of tobacco for being concerned in the transportation, purchase, sale, manufacturing, &c. of tobacco, p. 100, 101.

55. On inspectors of tobacco for not stowing away at night every hogshead in