(I) Warrant for manufacturing tobacco without a license, on 2 Rev. Code, ch. 32, sect. 1, p. 35.

to wit.

Whereas information hath been given to me, JP, a justice of the peace for the county (or corporation) aforesaid, that T M, of &c. hath within last past, been engaged in manufacturing tobacco, at the county (or corporation) aforesaid, without having previously obtained a license for that purpose, in the manner prescribed by law. These are therefore to require you to summon the said T M, to appear before me, or some other justice of the peace for the county (or corporation) aforesaid, to shew cause why the penalty of ten dollars, for every ten pounds of tobacco so by him manufactured (or stemmed) should not be levied for the said offence. Given &c.

Judgment.

It appearing to me, by the evidence of A W, B W, &c. that the within mentioned T M is guilty of the offence within charged, and that he hath, within last past, manufactured (or stemmed)

pounds weight of tobacco; judgment is hereby rendered against him for the sum of And it is further ordered, that (the sergeant of the corporation, or a constable of the county) do, and he is hereby authorised and required to, seize all the tobacco to be found in the stemmery or manufactory of the said T M, together with every sort or kind of implement employed therein; and the same in his hands safely to keep, till the next court to be held for the county (or corporation) aforesaid, to which court the said is to make return

how he hath executed this warrant. Given &c.

For the form of an execution, see title EXECUTION.

(K) Warrant for selling stemmed or manufactured tobacco, without an inspector's certificate, on sect. 3.

Whereas information hath been given to me by A I, of &c. that BS, of &c. hath, within last past, sold divers quantities of stemmed (or manufactured) tobacco, without having obtained a certificate from the inspector appointed for that purpose, as directed by law. These are therefore to require you to summon the said BS to appear before me, or some other justice of the peace for the county (or corporation) aforesaid, at on &c. to shew cause why the penalty of ten dollars, for every ten pounds of tobacco so by him sold, should not be levied for his said offence. Given &c.

The judgment, in the last precedent, may be adapted to this case, omitting what relates to the seizure, &c.

(L) Warrant against inspectors, for not stowing away tobacco at night.

to wit.

day of

Whereas information hath been given to me, by A I, that BI and CI, inspectors of tobacco at warehouse, in the county (or corporation) aforesaid, did, on the last past, inspect hogsheads of tobacco; which they failed to stow away and secure at night, as directed by the act of the general assembly in that case made and provided. These are therefore to require you to summon the said B I and CI to appear before me, or some other justice of the peace for the county (or corporation) aforesaid, at

on &c. to shew cause why the penalty of ten dollars, for each hogshead of tobacco so by them inspected during the day aforesaid, and not stowed away and secured at night, should not be levied on them for the said offence. Given &c.

TREASON.

TREASON, according to lord Coke, is derived from trahir, to betray; and trahison, by contraction treason, is the betraying itself. 3 Inst. 4.

"If a man do levy war against this commonwealth in the same, or be adherent to the enemies of the commonwealth within the same, giving to them aid and comfort in the commonwealth or elsewhere, and thereof be legally convicted of open deed, by the evidence of two sufficient and lawful witnesses, or their own voluntary confession, the cases above rehearsed shall be adjudged treason, which extendeth to the commonwealth; and the person so convicted shall suffer death, without benefit of clergy." Virginia Laws, 1 Rev. Code, ch. 136, p. 272, sect. I.

As to treason against the United States, see Const. U. S. art 3, sect. 3; and, for an able investigation of the subject, and a faithful report of the case, see Burr's Trial, reported by Robertson.

So to erect a government within the limits of this commonwealth, independent of it, &c. 1 Rev. Code, ch. 136. sect. 2, p. 272. High treason, &c. is triable in the general court.

p. 273.

Ibid. sect. 7,

The governor, &c. may suspend the execution for treason, but a pardon can only be granted by the assembly. Ibid. p. 318.

The judgment for treason, by the cominon law, is, that the person be dragged to the place of execution, there hanged by the neck, cut down alive, his entrails taken out and burnt before his face, his head cut off, his body divided into four quarters, &c. See 2 Hawk. 443. The judgment against a woman is, that she be drawn and burnt. S Inst. 211.

These were the severities of the common law, when to imagine the death of the king, queen, or their eldest son or daughter; or to have carnal knowledge of the king's wife or eldest daughter, &c. constituted high treason. But it may well be doubted how far such judgments could now be given in this state, since by the declaration of rights (art. 9.)" cruel or unusual punishments shall not be inflicted.”

By the penitentiary laws of 1796 (1 Rev. Code, ch. 200, sect. 4. p. 356.) high treason was punishable by confinement, not less than six nor more than twelve years; but by act of 1802 (2 Rev. Code, ch. 16, sect. 5, p. 16.) it is punishable with death.

Petit Treason.

Treason has usually been distinguished into High and Petit. High treason is that which we have already mentioned, and is defined by our laws. Petit treason is declared by the statute of 25 Edw. 3, st. 5, ch. 21, and is, when a servant slayeth his master, or wife her husband, &c.

But by the penitentiary law (1 Rev. Code, ch. 200, sect. 3, p. 356) the prosecution for petit treason is the same as for murder.

Misprision of Treason.

Misprision cometh of the French word mepris, which properly signifieth neglect or contempt. And misprision of treason, in legal understanding, signifieth, when one knoweth of any treason, though no party or consenter to it, yet conceals it, and doth not reveal it in convenient time. 3 Inst. SO. 1 H. H. 371.

The judgment of misprision of treason is, to be imprisoned during life, &c. (3 Inst. 36.) The forfeiture, by the common law, is taken away by our laws. See ATTAINDER.

TRESPASS. See FENCES, FRUIT TREES.

VAGRANTS.

BY Virginia Laws (1 Rev. Code, ch 102, sect. 26, p 184.) the overseers of the poor, or any one of them, are empowered, upon discovering any vagrant within their respective districts, to make information thereof to any justice of the county, and to require a warrant for apprehending such vagrant, to be brought before him or any other justice; and if upon examination it shall appear to the justice that the person is within the description of a vagrant, as hereafter mentioned, such justice shall, by warrant under his hand, order such vagrant to be delivered to some one of the overseers of the poor of the district in which such vagrant shall have been apprehended, to be employed in labour, for any term not exceeding three months, and by the said over

seer of the poor hired out for the best wages that can be procured, to be applied to the use of the poor. If such vagrant shall run away during the time of his service, he shall be dealt with in the same manner as other runaway servants.

The same power is given to a magistrate in a corporate town, to apprehend a vagrant; and any two magistrates may order him to the work-house; or, if there be none, deal with him as the overseers of the poor are authorised. Ibid. sect. 31, p. 185.

Any able bodied man, who, not having wherewithal to maintain himself, shall be found loitering, and shall have a wife or children, without means for their subsistence, whereby they may become burthensome to their county or town, and any able bodied man, without a wife or child, who, not having wherewithal to maintain himself, shall wander abroad, or be found loitering, without betaking himself to some honest employment, or shall go about begging, shall be deemed and treated as a vagrant. 1 Rev. Code, ch. 102, sect. 32, p. 185. Certain gamesters are to be treated as vagrants.

96, sect. 11, p. 176.

1 Rev. Code, ch.

Also free negroes and mulattoes, travelling out of their county. 1 Rev. Code, ch. 283, sect. 6, p. 413.

(A) Warrant to apprehend a vagrant.

county, to wit.

Whereas information hath this day been made to me, J. P, a justice of the peace for this county, by B O, one of the overseers of the poor for district, in the county aforesaid, that A V, an able bodied nian, who, not having wherewithal to support himself, is found loitering, and has a wife and children, without means for their subsistence (if any other description of a vagrant, mention it). These are to require you to bring the said AV before me, or some other justice of the peace for this county, to be dealt with according to law. Given under my hand, &c.

If the person be a gamester, or any other description of vagrant, the warrant and other proceedings must express the fact, as in the act of assembly.

(B) Warrant for hiring out a vagrant.

county, to wit.

Whereas, from the information of B O, one of the overseers of the poor for district, in this county, A V, who was described by him as a vagrant within the meaning of the act of the General Assembly, was this day brought before me, J P, a justice of the peace for the said county, and upon due examination before me, it appearing to me, that the said AV comes within the description of a vagrant, viz. that the said A V is an able bodied man, who, not having wherewithal to maintain himself, is found loitering, and has a wife and children, without means for their subsistence: These are therefore to require you to deliver the said A V to some one of the overseers of

the poor for

district, in this county; and you, the said overseer, are hereby required to receive the said A V, and him to hire out for the best wages that can be procured, to be employed in labour for the space of days, and the monies arising therefrom to apply to

the uses of the poor of this county. Given &c.

Το

poor for

constable. And to some one of the overseers of the district, in the county of

WARRANTS.

1. OF WARRANTS FOR DEBT, DETINUE, AND TROVER, GRANTED BY A SINGLE MAGISTRATE.

THE jurisdiction of a single magistrate has progressively been increased from twenty shillings sterling, with which it commenced in the year 1643 (see I vol. Stat. Large, p. 273) to twenty dollars, at which it is now fixed. It was for a long time limited to twenty shillings, then to twenty-five shillings, afterwards to five dollars, then to ten dollars, and lastly to twenty dollars. See Law. Virg. edit. 1752, p. 252, sect. 5, and edit. 1769, p. 169, sect 5. 1 Rev. Code, ch. 67, sect. 6, p. 84. Ibid. ch. 271, sect. 1, p. 405.

2 Rev. Code, ch. 88, p. 114, sect. 1. When any debt or penalty exclusive of interest, or the subject in controversy in trover and conversion, or detinue, shall not exceed twenty dollars, the same shall be cognizable and determinable by any one justice of the peace, who may give judgment thereon, according to the principles of law and equity, for the principal and interest due thereon, or for the value of the subject in controversy, with damages, as the case may be, and costs, and award an execution, to be directed to any constable or other officer within this commonwealth, against the goods and chatteis of the debtor, or party against whom such judgment shall be rendered, to be executed and returned as other writs of fieri facias are by law directed to be executed and returned; but no writ of capias ad satisfaciendum shall be granted by any justice of the peace: Provided, however, that no justice of the peace shall take cognizance of any attachment, where the sum demanded shall exceed ten dollars.

Sect. 2. The cause of action shall be stated in every warrant issued by a justice, requiring any person to appear before him, or some other justice, to answer in any suit for debt, detinue, or trover; and all such warrants shall be made returnable on a certain day, not exceeding thirty days from the date thereof.

Sect. 3. Executions shall be stayed on judgments given by a justice of peace for any sum exceeding ten dollars, exclusive of costs and interest, forty days; the person requesting such stay giving such security as the justice rendering such judgment shall approve, for the payment thereof, with interest, until the same shall be satisfied.