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 lieutenneglect.
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.
Who may 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.
Town of Abingdon, in Washing-True species of, to be endorsed
ton county, established, 555. Lots, how disposed of 555. Conditions 556. Power of trustees, as to boundaries, &c. 556. Privileges of inhabitants 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.
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.
In court of admiralty 104,203.
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 cath of allegiance 281. Form of the oath 281. Justices to keep registers, and transmit returns to clerks of courts 281. Fer- sons appointed to tender oath 282. Those refusing to be noted 282. Recusants to be reported to county lieutenants who is forthwith to disarm them 282. Persous 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 United States 282. Conse- 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.
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.
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.
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. 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. Day of, in High Court of Chan- 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 armed 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,269. Arms exempted from executions and distresses,269. How provided for militia,when called out, 292. Punishment for embezzling, 292.
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- Fines for delinquen- Assessed by court- martial, 27. Appeal to com-
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