́rant (or of a warrant from B. J. one of the justices of the peace for the said county, as the case may be) and charged on oath by A. I. of having violently assaulted and beaten the said A. I. (upon &c. with c.): and the said A. (). having now been required by me to find sufficient sureties as well for his personal appearance at the next court to be held for the said county to answer the same, as for his keeping the peace in the mean time towards all the citizens of this commonwealth, and especially towards the said A. I. hath refused so to do: These are therefore to command you the said constable to convey the said A. O. forthwith to the jail of the said county, and deliver him to the keeper thereof; and you the said jailor are also hereby required to receive the said A. O. into your jail and custody, and him safely keep, until he find such sureties as aforesaid, or be otherwise delivered by due course of law. Given under my hand and seal, &c.

(D) Indictment for a common assault.

County, to wit:

The jurors for the county aforesaid upon their oath present, that A. O. of the said county, labourer, on the day of in the year with force and arms, at the county aforesaid, in and upon one A. I. taylor, in the peace of God and of the said commonwealth then and there being, did make an assault; and him the said A. I. then and there did beat, wound, and ill-treat, so that his life was greatly despaired of; and other wrongs to the said A. I. then and there did, to the great damage of the said A. I. and against the peace and dignity of the commonwealth.

Note. In indictments for assault and battery, and other offences not capital, the court may, for good cause shewn, rule the prosecutor to security for costs; and, on failure, may dismiss the indictment with costs. 1 Rev. Code 106.

Note also. That the name, addition, and residence of the prosecutor must be written at the foot of every information or indictment for trespass or misdemeanor, before they are filed or sent to the grand jury; (1 Rev. Code, p. 105. s. 24); unless the information be filed by express order of court, or the indictment be founded on a previous presentment of the grand jury, made either on their own knowledge, or the information of any two of their own body. Ibid. 431.

(E) Indictment for assaulting a constable in the execution of his office.

County, to wit:

The jurors for the county aforesaid upon their oath present, that A. O. of the said county, labourer, on the

day of

in the

year with force and arms, at the county aforesaid, in and upon one A. I. (then being one of the constables of the parish, or precinct, or district) of , in the said county of , in the peace of God and of the said commonwealth, and in the due execution of his said office, then and there also being) did make an assault, &c. and him the said A. I. then and there did beat, wound, and ill-treat, so that his life was greatly despaired of; and other wrongs to the said A. I. then and there did, to the great damage of the said A. I. and against the peace and dignity of the commonwealth.

A count for a common assault. *

"And the jurors aforesaid upon their oath aforesaid do further present," that A. O. of the said county, labourer, on the day of

in the year with force and arms, at the county aforesaid, in and upon one A. I. taylor, in the peace of God and of the said commonwealth then and there being, did make an assault; and him the said A. I. then and there did beat, wound, and ill-treat, so that his life was greatly despaired of; and other wrongs to the said A. I. then and there did, to the great damage of the said A. I. and against the peace and dignity of the commonwealth.

(F) Indictment for an assault, with intent to ravish.

County, to wit:

The jurors for the county aforsesaid upon their oath present, that A. O. of the said county, labourer, on the

day of

in the year with force and arms, at the county aforesaid, in and upon one A. I. tayloress, in the peace of God and the said commonwealth then and there being, did make an assault, and her the said A. 1. then and there did beat, wound, and ill-treat, so that her life was greatly despaired of, with an intent her the said A. I. against her will, † then and there feloniously to ravish and carnally know; and other wrongs to the said A. I. then and there did, to the great damage of the said A. I. and against the peace and dignity of the commonwealth. (Add a count for a common assault, as in form E).

In this, and all cases of a similar nature, it is necessary to add a count for a common assault, in order that if the proof should not support the special count, it may the common; for the jury may find the prisoner guilty only of the common count, if the special be not fully proved; but if it be, then they find guilty generally. Gr. cir. comp. 134.

†The words against her will to be left out, if the female be under ten years old, because at that age she is presumed not to consent : and instead of the other words in italics, say, "unlawfully and feloniously carnally to know and abuse."

(G) Indictment for an assault and false imprisonment. County, to wit:

day of

The jurors for the county aforesaid upon their oath present, that A. O. of the said county, labourer, on the in the year with force and arms, at the county aforesaid, in and upon one A. I. taylor, in the peace of God and of the said commonwealth then and there being, did make an assault; and him the said A. I. then and there did beat, wound, and ill-treat, so that his life was greatly despaired of; and him the said A. I. then and there unlawfully and injuriously, against the will and without the consent of the said A. I. and also against the laws of this commonwealth, without any legal warrant, authority, or justifiable cause whatsoever, did inrprison and detain for a long time, to wit, for the space of hours then next following; and other wrongs to the said A. I. then and there did, to the great damage of the said A. I. and against the peace and dignity of the commonwealth. (Add a count for a common assault as in form E.)

(H) For an assault, false imprisonment, and obtaining a sum of money for discharging. County, to wit:

The jurors for the county aforesaid upon their oath present, that A. O. of the said county, labourer, on the

day of

in the year with force and arms, at the county aforesaid, in and upon one A. I. taylor, in the peace of God and of the said commonwealth then and there being, did make an assault; and him the said A. I. then and there did beat, wound, and ill-treat, so that his life was greatly despaired of; and him the said A. I. then and there unlawfully and injuriously, against the will and without the consent of the said A. I. and also against the laws of this commonwealth, without any legal warrant, authority, or justifiable cause whatsoever, did imprison and detain for a long time, to wit, for the space of hours then next following;" and until he the said A. I. had paid to him the said A. O. the sum of of the monies of him the said A. I. for his enlargement ;" and other wrongs to the said A. I. then and there did, to the great damage of the said A. I. and against the peace and dignity of the commonwealth. (Add a count for a common assault as in form E.)

,

(I) For the like, and obtaining a note for discharging.

County, to wit:

The jurors for the county aforesaid upon their oath present, that A. O. of the said county, labourer, on the

day of

in the

year with force and arms, at the county aforesaid, in and upon one A. I. taylor, in the peace of God and of the said commonwealth then and there being, did make an assault; and him the said A. I. then and there did beat, wound, and ill-treat, so that his life was greatly despaired of; and him the said A. I. then and there unlawfully and injuriously, against the will and without the consent of the said A. I. and also against the laws of this commonwealth, without any legal

warrant, authority, or justifiable cause whatsoever, did imprison and detain for a long time, to wit, for the space of hours then next following; "and until he the said A. I. for his deliverance from the said imprisonment, had signed and given to the said A. O. a note under the hand of the said A.I. whereby he the said A. I. promised to pay the said A. O. the sum of, of the monies of him the said A. I. for his enlargement ;" and other wrongs to the said A. I. then and there did, to the great damage of the said A. I. and against the peace and dignity of the commonwealth. (Add a count for a common assault as in form E.)

Indictments for assaults may be drawn in a great variety of instances, stating an intent to commit some other unlawful act by way of aggravation.

ATTACHMENTS.

Under this title will be discussed the proceedings on attachments against absconding debtors, only. Attachments considered as process of the court, also for contempts to the court, and foreign attachments or proceedings against absent defendants do not fall within the plan of this publication.

I. OF ATTACHMENTS, WHERE THE DEBTOR IS REMOVING PRIVATELY, OR ABSCONDS AND CONCEALS HIMSELF, SO THAT THE ORDINARY PROCESS OF LAW CANNOT BE SERVED ON HIM:

1. By the laws of Virginia (1 Rev. Code, p. 116. sect. 6.) it is enacted, that "If any person shall make complaint to any justice of the peace, that his debtor is removing out of the county or corporation privately, or absconds or conceals himself, so that the ordinary process of law cannot be served on him, such justice shall grant an attachment (A) against the estate of such debtor, or so much thereof, as shall be sucient to satisfy the debt and costs of such complainant ; which attachment, where the debt or demand shall exceed five dollars, or two hundred pounds of tobacco * shall be returnable to the next county or corporation court, and directed to and served by the sheriff or his under sheriff, † unless in case where the sheriff is a party interested,

By act of 1800 (1 Rev. Code, p. 405) the jurisdiction of a single magistrate was generally extended to cases, where the cause of action did not exceed ten dollars; by act of 1806 (2 Rev. Code, p. 114) the jurisdiction is extended in cases of debt, detinue, and trover, to twenty dollars, with a proviso, "that no justice of the peace shall take cognizance of any attachment where the sum demanded shall not exceed ten dollars." From these laws, it seems evidently to have been the intention of the legislature to give a single magistrate final jurisdiction in cases of attachment as far as ten dollars.

† By act of 1800 (2 Rev Code, p. 5, sect. 2) it is enacted that "ANY process of attachment against absconding debtors, or against a tenant or tenants for rent nder any lease or other contract, may hereafter be executed and returned by stable, in the same manner as by law sheriffs are directed to execute and 'e same."

and then, the same shall be directed to and served by a coroner or serjeant; and it shall be lawful for such sheriff or officer to serve and levy the same, upon the slaves, goods and chattels of the party absconding, wherever the same shall be found, or in the hands of any person or persons indebted to, or having any effects of the party absconding, and to summon such garnishee or garnishees to appear at the next court to be held for the said county or corporation, there to answer, upon oath, what he or she is indebted unto such party, and what effects of such party he or she hath in his or her hands, or had at the time of serving such attachment; which being returned executed, the court may thereupon compel such garnishee to appear and answer as aforesaid." (See Post. No. 10.)

2. (2 Rev. Code, p. 99. sect. 2) "Whenever the plaintiff in any attachment shall alledge that any garnishee, summoned in such attachment, hath not discovered the true amount of debts due from him to the defendant, or what goods and chattels belonging to the defendant are in his possession, the court shall direct, without the formality of pleading, a jury to be impannelled immediately (unless good cause be shewn by either party for a continuance) to inquire what is the true amount due from such garnishee to the defendant, and what goods and chattels are in his possession belonging to the defendant. If the finding of the jury shall be against such garnishee, the court shall grant judgment in the same manner as if the facts found by the jury had been confessed by him on his examination; and if the jury find in his favour, he shall recover his costs against the plaintiff."

3. (1 Rev. Code, p. 116. sect. 7.) "Every justice of peace, before granting such attachment, shall take bond (B) and security of the party for whom the same shall be issued, in double the sum to be attached, payable to the defendant, for satisfying and paying all costs which shall be awarded to the said defendant, in case the plaintiff suing out the attachment therein mentioned shall be cast in his suit, and also all damages which shall be recovered against the said plaintiff for his suing out such attachment; which bond shall be by the same justice returned to the court to which the attachment is returnable; and the party entitled to such costs or damages may thereupon bring suit, and recover, and every attachment issued without such bond taken, or where no bond shall be returned, is declared illegal and void, and shall be dismissed."

4. (Ibid. sect. 8.) "All attachments shall be repleviable by appearance, and putting in good bail, if by the court ruled so to do, or by giving bond with good security to the sheriff (C) or other officer serving the same; which bond the sheriff or other officer is empowered to take, to appear at the court to which such attachment shall be returnable, and to abide by and perform the order and judgment of such court."

5. (Ibid. sect. 9.) Upon the defendant or defendants replevying any attached effects, by giving bond and security to the sheriff or other officer as aforesaid, the sheriff shall return the name of the security by him so taken; and if such security shall be adjudged insufficient by the court, and if the defendant shall fail to appear and give