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county which hath failed to draught their militia pursuant to the said act shall raise and make good such deficiency, over and above the number of men to be raised by virtue of this act, by pursuing the mode diPenalty for rected by the said recited act. Every county lieutennoglect. ant, or the commanding officer of each county, at the time the said draught was made, shail, on or before the tenth day of May next, transmit to the governour a return of all the men draughted, or substitutes. by virtue of the said recited act, specifying to what continental officer they were delivered, how many and which of them had previously deserted, with the proper proofs of such delivery or desertion respectively, that the same may be laid before the next session of the general assembly for their farther order therein, under the penalty of two hundred pounds, to be recovered for the use of the commonwealth, by action of debt or information in any court of record.

Provided nevertheless, That no apprentice, hired servants under written contracts, at the time of passing this act, at any iron works, who have twelve months to serve, or persons solely employed in manufacturing fire arms, not having leave in writing from his master or mistress, or the owner or manager of such works, imported servants, or such servants as are obliged to serve to thirty one years of age, shall be taken or received as a soldier under this act.

Who may not be enlisted.

END OF NINTH VOLUME.

INDEX

TO THE

NINTH VOLUME

OF THE

STATUTES AT LARGE.

ABINGDON.

Town of Abingdon, in Washing-
ton county, established, 555.
Lots, how disposed of 555.
Conditions 556. Power of
trustees, as to boundaries, &c.
556. Privileges of inhabitan's
556. Lots forfeited by failure
to improve 556.
Power of
trustees to prevent trespasses
on streets, &c. 557.
ABSENT DEFENDANTS.
Proceedings against, in High
Court of Chancery, 397. O-
pening decrees for 398.
ACCAKEEK.

Furnace tract of land, right of
James Hunter to obtain iron
ore from 304.

ACCOMACK.

Regiment for defence of Acco-
mack and Northampton 76.
Number, officers and staff 76,
77. All millers in, to be en-
rolled in the militia 139.
Drafts in, how made 141.
ACCOUNTS.

Of treasurer, how to be kept
200. How examined 201.
VOL. IX.

Z 3

ACTION.

True species of, to be endorsed
on writ, in what cases 404.
Justices may be sued jointly

409.

ACTS OF PARLIAMENT.
Of England, prior to 4 James I.
adopted 127. Punishing re-
ligious opinions declared void

164.

ADJUTANT GENERAL.
How appointed 24.
His duty
24. His pay 24.
ADJUTANTS.

How appointed 10,18,79. Their
pay 14,23,82. Of militia,
their appointment and duty

270.

ADMIRALTY.

Judges of admiralty appointed
to decide on breaches of the
ordinance, to enforce the con-
tinental association against
importing goods, &c. 103,105,
131. Their power to appoint
an advocate, clerk and mar-
shal 104. Witnesses, their al-
lowance, and how excused
104. Appeal to committee of

ALBEMARLE.
Albemarle county divided and
Fluvanna formed 325. Ecun-
daries 325. Court days 325.
ALLEGIANCE.
All free born males, above 16
years old, to take the oath of
allegiance 281. Form of the
oath 281. Justices to keep
registers, and transmit returns.
to clerks of courts 281. Per-
sons appointed to tender oath
282. Those refusing to be
noted 282. Recusauts to be
reported to county lieutenants
who is forthwith to disarm
them 282. Persons disarmed,
compelled to attend musters,
but exempted from fires for
not appearing armed 282. In-
capacities of those refusing to
take the oath of allegiance
282. Oath to be taken by
those coming from any of the
Conse-
United States 282.
quence of neglect 283. Who
not within the meaning of this
act 283. Double taxes on those
refusing to take the oath of al-
legiance 351. Penalty for tra-
ding without taking the oath
of allegiance 475. Persons
friendly to the cause of liber-
ty, who have been prevented
from taking the oath of alle-
giance, how relieved 557.

safety 104.
Oath of judges
of admiralty 104. Judges
when to meet 105. Their pay
105. Trial by jury 131. Re-
solutions of congress, as to
capture of vessels, adopted
131. Prosecutors to give cau-
tion for costs 132. Court of
admiralty established 202,
Number of judges, and how
appointed and commissioned
202. Their oath 202. Penal-
ty for acting without 202. Ju-
risdiction 202. By what laws
governed 203. Provision
where regulations of congress
conflict with laws of state 203.
No jurisdiction of capital of
fence 203. Advocate, regis-
ter, aud marshal, how ap-
pointed and qualified 203.
Proctors, how qualified 203.
Sale of perishable goods 204.
Rules of practice, libel, cita-
tion, defence, proclamation,
judgment, 204. When judg
ment may be opened 204. Se-
curity for costs, when 205.
Costs discretionary, remedy
for 205. In case of condem-
nation, costs paid out of sales
205. When facts tried by ju-
ry, when by court 205. Ap-
peal, right of, and to what
tribunal 205. Fees of register
and marshal 206. In what
cases sales of condemned ves-
sels may be ordered 206. Suits
depending before admiralty
commissioners transferred to
court of admiralty 206. Court
of admiralty where held 219.
Salary of judges 219.
ADVOCATE.

In court of admiralty 104,203.

ALLOWANCES.

Of incidental expenses of assem-
bly, and superior courts, by
auditors 538.

AMHERST.

Parish of, empowered to fix the

rates of paying their levies in
tobacco 238. Amherst parish
divided and Lexington form-
ed 567. Glebes of Camden

and Amherst to be sold and
the money divided between
those parishes and Patrick &
Lexington 568.
AMMUNITION.
Ordinance providing for 71, 94.
Premium for salt petre and
sulphur 72. Power of com-
mittee of Fincastle to procure
lead from the mines in that
County 73.

APPEALS.

To committee of safety from de-
cisions of courts-martial 27.
From sentence of court of ad-
miralty 104,205. Appeals to
High Court of Chancery, to
what day 391. Appeals to ge-
neral court 412 Damages,
in personal actions 412. In
real or mixed 412. No ap-
peal before final judgment
412. Appeals to high court
of chancery, within one month
after decree, as of right 459.
Court of appeals established
522. Bond and security, on
appeals 524. Petitions of ap-
peal 524. No appeal, till final
judgment or decree 524, Ap-
peals from late general court
to king and council, not de-
cided, transferred to court of
appeals 525. From decision
of auditors 540. Court of ap-
peals to be held at Williams-
burg 557.

APPEALS, COURT OF
Court of appeals established
522. Of what judges consti-
tuted 522. Precedence of jud-
ges 522. Oath of judges 523.
Terms 523, Jurisdiction 523.
Bond and security on appeals
524. Tipstaff, cryer, clerk,
Petitions for appeals

524.

524. Supersedeas 524. Writs
of error 524. Docketting cau-
ses 524. Clerk to certify affir-
mance or reversal 524. No
appeal until final judgment or
decree 524. Statements 525.
Appeals from the late general
court, to the king in council,
not decided, transferred to the
court of appeals 525. Allow-
ance of incidental expenses,
by auditors 538. Court of ap-
peals to be held at Williams-
burg 557.

APPEARANCE.

Chan-

Day of, in High Court
cery 391. In general court
404. Attorney engaging to
enter, and failing 404.
APPRENTICES.

How they may be enlisted 81,
275,592. May be taken, at
gun manufactory at Freder-
icksburg 426. Covenants to
be performed by public 427.
ARMS.

How provided for regulars, 12,

84. How for minute-men, 20.
Hire for 12, 20, 87. Militia to
furnish their own, 28. Ex-
empted from executions and
distresses, 31, 269. Officers,
how armed, 31, 268. Privates,
when and how armed, 31, 269.
Manufactory of arms establish-
ed, at Fredericksburg, 71.
Commissioners to superintend
it, 72. Appropriation, 72.
Committee of safety may pur-
chase arms, 72. May contract
for a supply of arms, 94. Pro-
vision for a supply of powder,
94. Cavalry, how armed,142.
Officers and privates of mili-
tia, how arned and accoutred,
268. Arms for the poor, how

provided, 269. Penalty for
selling or concealing, 269.
Removing arms out of the
County, 269. How recovered,
269. Delinquencies, how no-
ted,259. Arms exempted from
executions and distresses,269.
How provided for militia,when
called out, 292. Punishment
for embezzling, 292.
ARMY.

Two regiments of regulars to be
raised, 9. Their number, 9.
Officers and staff, 9, 10. Offi-
cers, how appointed, 10. Se-
cretary to colonel of 1st regi-
ment, 10. Enlistments to be
in districts, 10. Regulations
for mustering and inspecting,
10, 11. Commission and rank
of officers, according to prior-
ity in completing their com-
panies, 11. Vacancy among
officers, how supplied, 11. A-
mong privates, 12. Terms of
enlistment, 12. Pay when to
commence, 12. Who may not
be enlisted, 12. Arms and ac-
coutrements, how furnished, 12.
Riflemen, 13. Medicines, &c.
13. Two companies for pro-
tection of western frontiers, 13.
Officers, how appointed, 13.
Commanding officer, at Fort
Pitt, supreme, 14. Pay of offi-
cers and privates, 14. Of staff,
14. Tents, how provided, 14.
Pensions promised, 14. Camp
equipage, provisions, &c, how
provided, 14. Paymasters,
their appointment and duty,
15. Army subject to controul
of general committee of safety,
15, 85. Minute-men, how or-
ganized out of militia, 16. Co-
lony divided into districts, 16.

Regiment to be raised in dis-
trict of Accomack and Nor-
thampton, 16. Battalion in
each of other districts, 17.
Officers appointed by deputa-
tion of committees, 17. Vacan-
cies in deputies, how supplied,
18. Chaplains and other staff
how appointed, 18. Enlist-
ments of minute-men, how
made, 12. Regulations for
mustering and inspecting, 19.
Commissions and rank of offi-
cers according to priority in
completing their companies,
19. Rank of field officers, how
settled, 20. Arms, &c. how
provided, 20. Tents, 20. Mi-
nute-men, how trained by
companies and battalions, 20.
Southern and northern dis-
tricts, 21. Pay, while attend-
ing rendezvous, 21. Fines for
delinquencies,22. Imposed by
court martial, 22. Leave of
absence, how, 22. Minute-
men, how long to serve, 22.
To be discharged in rotation,
23. Pay of minute-men, 23.
When to commence, 23. Ex-
ercise of 1764, adopted, 23.
Adjutant general, his appoint-
ment and duty,24. Volunteers
disbanded, 24. Impressments,
how made,24. Accomack and
Northampton may keep two
companies, 25. Regulars and
minute-men, when to act in
concert, 25. Duty of officers
of minute-men, 25. And of the
militia, 26. Rank of officers,
when united in service, 26.
Proviso, as to county-lieuten-
ant, 26. Fines for delinquen-
cies, 26. Assessed by court-
martial, 27. Appeal to com-

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