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(g) Certificate of the magistrate. I, JP, a justice of the peace for in the state of do hereby certify, that on the application of B S, one of the seamen of the ship (sloop, &c.) of commanded by A M, now lying at
for wages due from the said commander to the said B S, I issued my warrant, requiring the said A M to appear before me, and shew cause why process, according to the course of admiralty courts, should not issue against the ship (sloop, &c.) her tackle, fur. niture, and apparel, to answer for the said wages; but the said AM failing to appear (or appearing, failing to shew that the wages are paid, or otherwise satisfied or forfeited] it is therefore my opinion, that there is sufficient cause of complaint, whereon to found admiralty process. Certified this day of
and in the yaar of the independence of the United States of America. TO AC, clerk of the court of the
United States, for the district
in the year
(h) Warrant to apprehend a seaman, absenting himself
from his vessel. State of
to wit. Complaint this day being made to me, J P, a justice of the peace
, for by A M, master of the ship now lying at the port of that B S, one of the seamen belonging to the said ship who is bound, by contract in writing, to perform a voyage in the said ship, hath deserted frorn the said ship, without the leave of the said AM: These are therefore to require you to apprehend the said B S, and to bring him before me, at
on the day &c. to answer the premises, and to be dealt with according to law; and do you then and there make return how you have executed this warrant. Given &c.
To to execute.
(i) Commitment of a seaman who had deserted. State of
To the keeper of the jail of Whereas B S, one of the seamen belonging to the ship (sloop, Co.
commanded by A M, hath been arrested by my warrant, and brought before me, for deserting from the said ship, without the leave of the said A M; and it appearing to me, from due proof, that the said B S hath signed a contract for performing a voyage in the said ship, within the intent and meaning of the act of the congress of the United States, entitled, “ An act for the government and regulation of seamen in the merchants service, and that the voyage agreed for is not finished, altered, or the contract otherwise dissolved, and that the said B S hath deserted from the said ship (sloon, &c.) without the leave of the owner thereof: These are therefore to require you to receive the body of the said B S, into your jail and custody,
and him therein safely to keep, until the said ship shall be ready to proceed on her voyage, or until the said A M shall require his discharge, and until the said A M shall pay the costs of this commitment. Given under my hand and seal, this
and in the year of the independence of the United States of America.
in the year
AS to the penalties for being engaged in the slave trade, see act of March twenty-second, 1794 (Laws U. S. vol. iii. p. 22.) For the prohibition of the further importation of slaves, and regulations to be observed in carrying them coastwise, see act of March second, 1807. Ibid. vol. viii. p. 262.
BY act of April thirtieth, 1790 (Laws U. S. vol. i. p. 100, sect. 1.) “ If any person or persons, owing allegiance to the United States of America, shall levy war against them, or shall adhere to their enemies, giving them aid and comfort within the United States, or elsewhere, and shall be thereof convicted, on confession in open court, or on the testimony of two witnesses to the same overt act of the treason whereof he or they shall stand indicted, such person or persons shall be adjudged guilty of treason against the United States, and shall suffer death."
Sect. 2. “ If any person or persons, having knowledge of the commission of any of the treasons aforesaid, shall conceal, and not so soon as may be make known the same to the president of the United States, or sonie one of the judges thereof, or to the president or governor of a particular state, or some one of the judges or justices thereof, such person or persons, on conviction, shall be guilty of misprision of treason, and shall be imprisoned not exceeding seven years, and fined not exceeding one thousand dollars."
By the above recited law, sect. 29 “ Any person who shall be accused and indicted of treason shall have a copy of the indictment, and a list of the jury and witnesses to be produced on the trial, for proving the said indictment, mentioning the names and places of abode of such witnesses and jurors, delivered unto him at least three entire days before he shall be tried for the same; and in other capital of. fences, shall have such copy of the indictment and list of the jury two çntire days at least before the trial. And every person so accused and
APP. NO. U. indicted for any of the crimes aforesaid shall be allowed and admitted to make his full defence by counsel learned in the law; and the court before whom such person shall be tried, or some judge thereof, shall, and they are hereby authorised and required, immediately upon his request, to assign to such person such counsel, not exceeding two, as such person shall desire, to whom such counsel shall have free access at all seasonable hours; and every such person or persons accused or indicted of the crimes aforesaid shall be allowed and admitted in his said defence to make any proof that he or they can produce, by lawful witness or witnesses, and shall have the like process of the court where he or they shall be tried, to compel his or their witnesses to appear at his or their trial, as is usually granted to compel witnesses to appear on the prosecution against them.
See title MUTE. The precedents, under title FORGERY, in this Anpendir, may be adopted here, with such variations as will express the crime of TREAON.
THE following points respecting criminal prosecutions under the laws of the United States, not falling under any particular head, were reseryed for the conclusion of this Appendix.
BY act of April thirtieth, 1790 (Laws U. S. vol. i. p. 113, sect. 32.) “ No person or persons shall be prosecuted, tried or punished, for treason or other capital offence, wilful murder or forgery excepted, unless the indictment for the same shall be found by the grand jury, within three years next after the treason or capital offence aforesaid shall be done or committed; nor shall any person be prosecuted, tried or punished, for any offence not capital, nor for any fine or forfeiture under any penal statute, unless the indictment or information for the same shall be found or instituted within two years from the time of committing the offence, or incurring the fine or forfeiture aforesaid: Provided, that nothing herein contained shall extend to any person or persons fleeing from justice.
Sect. 33. “ The manner of inflicting the punishment of death shall be by hanging the person convicted, by the neck, until dead.”
NEW VIRGINIA JUSTICE, &c.
Of The Words printed in capital letters are principal titles in the body of the work; those printed
in italics are titles in the Appendix, No. 1 and No. 2.
Abatement, of nuisance, 9, 248.
ALIMONY, its signification, 57.
suits for, when instituted, 57.
in what cases decited, 57, 58, 59.
how relieved against, 58.
history of jurisdiction of courts concern-
ne, exeat in cases of, 399.
07 since the tiile Alimeny was printed off, ít bag
been solemnly decided by the chancellor of the
34. After the fact, 36. How proceeded against, courts of chancery, in this country, possess
accordingly made, in the case of Purcell v. Pur.
cell; and, on an application to the judges of
from the decision, it was unaninyonsly refused.
See the case at large in the Addenda, No, 1, 10
this work, 613.
oath of, by whom to be taken, 62.
Almanacks, evidence, 234.
Ambassadors (L. U.S.) 653.
to what cases it extended, 62.
benefit of, in criminal cases, 62.
Amercement, to be assessed by jury, 332.
Aneient deeds, evidence. 231.
on warrants, 505.
Appearance, to a summons, 570.
lateral condition, 128,
when he may enter special, 129.
Application, of payments, 417.
Apportionnent, of rent, 481.
APPRENTICES, who may be bound, and 10
whom, 63. The manner in which they
shall be bound, 64. Reciprocal duties
of master and apprentice. 65. Griev.
ances redressed, 65. Adjudged cages
on the subject of 16. indenture of,
bound by the overseers of the poor, 66.
Indenture of, bound together with his
may be moderately corrected, 65.
bound to sea servier, 65.
dischargerl. by death of master, when and
how far, 66.
not bound to serve executor of master,
master entitled to his earnings. 66.
inticing away, 66.
po appeal from order concerning, cts
never to be allowed, 63, 241.
biit against, 107, 119.
Arbitrators, nistakes by, 119, 120.
their powers, 121.
arrested, 69. For what causes of sus.
What is to
of militia offiers, limitation of, 376.
In what cases they may be justitied, 78.
Remedy for, 78.
may be submitted to arbitration, 104.
privately, or absconds and conceals
Matters coinmon to all at-
against witnessts, 242 243.
cliffernce between and consiction, 99,
how far a witness, 237.
payment to, goul, 418.
arbitrators, 100. Who may or may not
an award, 125.
mamprise, 126. When a person may be
collateral condition, 128.
lunil bond, 532.
notes, 204, 305, 441.