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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

A

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(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 wit.

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,

of

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.

day of

in the year

SLAVES.

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.

TREASON.

A

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

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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.”

FINIS.

INDEX

TO THE

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.

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Abatement, of nuisance, 9, 248.

ALIMONY, its signification, 57.
not by marriage of defendant, 001.

suits for, when instituted, 57.
Abolition Society, members of, not to sit on trial

in what cases decited, 57, 58, 59.
of a slave for freedom, 548.

how relieved against, 58.
Abridgments, condemned, 360.

history of jurisdiction of courts concern-
Absence, where presumption of death, 243.

ing: 58.
Access of husband, when presumed, 137, 138.

ne, exeat in cases of, 399.
wife not competent to prove non-access,

07 since the tiile Alimeny was printed off, ít bag
236.

been solemnly decided by the chancellor of the
ACCESSORY, in general, 33. Before the fact, Richmond district (Creed Taylor, esq-) that the

34. After the fact, 36. How proceeded against, courts of chancery, in this country, possess
37. Punishment of, 40. Warrants, commit. jurisdiction in case s of alimony; a decree was
ments, and indictments against, 41.

accordingly made, in the case of Purcell v. Pur.
Accomplices, 68, 241.

cell; and, on an application to the judges of
Account, attempt to prove items of, on trial, how the court of appeals to be allowed an appeal
far conclusive, 231.

from the decision, it was unaninyonsly refused.
book, evidence for whom, 234.

See the case at large in the Addenda, No, 1, 10
running, limitation of, 378

this work, 613.
Accounts, with prisoners in penitentiary, 426, ALLEGIANCE, 61.
438.

oath of, by whom to be taken, 62.
Acknowledgment, of account, 378, 379,

Almanacks, evidence, 234.
Acquittal. by court of examination, 437.

Ambassadors (L. U.S.) 653.
Actions, limitation of, 376, 377.

AMENDMENT, 62.
popular, 328.

to what cases it extended, 62.
Aets, of parties, evidence, 228.

benefit of, in criminal cases, 62.
of assembly, 229.

Amercement, to be assessed by jury, 332.
ADDITION, its signification in law, 47.

Aneient deeds, evidence. 231.
when and how to be used, 47, 48.

APPEALS, 63.
what are good additions. 47,

on warrants, 505.
in the case of father and son, 48.

Appearance, to a summons, 570.
Adjournment, of court of examination, 437. Appearance bail, not required on bonds with col
Administrators, submission to arbitration by, 101.

lateral condition, 128,
how far submission an admission of as.

when he may enter special, 129.
sets, 102.

Application, of payments, 417.
See Earcutors.

Apportionnent, of rent, 481.
Admissions, evidence, 228.

APPRENTICES, who may be bound, and 10
Allultery, 276.

whom, 63. The manner in which they
Advertisement, of an estray, 226.

shall be bound, 64. Reciprocal duties
Adriees of council, concerning penitentiary, 444,

of master and apprentice. 65. Griev.
445, 446,

ances redressed, 65. Adjudged cages
Afirmation. See Oaths.

on the subject of 16. indenture of,
Affirmative, in issue, to be proved, 244.,

bound by the overseers of the poor, 66.
counsel who begins, must coneinde, 245.

Indenture of, bound together with his
AFFRAY, what, 49. How suppressed by a pri-

father, 67.
vate person, 50. How by a constable or peace

may be moderately corrected, 65.
officer, 50. How by a justice of the peace, 51.

bound to sea servier, 65.
Punishment of, 51. Warrants and indictments

dischargerl. by death of master, when and
against affrayers, 52,

how far, 66.
AGE, its signification in law, 56.

not bound to serve executor of master,
Agents, of penitentiary, 444, 446.

66.
Agrernins, 623, 624.

master entitled to his earnings. 66.
ALIENS, definition, 56.

inticing away, 66.
how treated in case of war, 56.

po appeal from order concerning, cts
1:0w punishable for rrimes, 56.

APPROVER, 68.
privileges and disabilities of, as to estates

never to be allowed, 63, 241.
real and personal, 57.

Arbitrators, 100.
pumishable for larceny, 364,

biit against, 107, 119.

Arbitrators, nistakes by, 119, 120.

their powers, 121.
ARRAIGNMENT, 69.
Array, challenge to, 3:9. 351, 352, 357,
ARREST, what, 69. Who may or may not be

arrested, 69. For what causes of sus.
picion an arrest may be, 70. By whom
the arrest shall be made, 71.

The
manner of an arrest, 72.

What is to
be done aflcr the arrest, 76.
when, without warrant, 71.
good in the night, 72.
dours broke, w znake, when, 73.
what makes an arrest, 70.

of militia offiers, limitation of, 376.
Arson, 160, 179, 419. 410.
Art, words of, in indictments. 320.
ASSAUIT AND BATTERY, what 77.

In what cases they may be justitied, 78.

Remedy for, 78.
election, not compelled in, 78.
declaration in, 79. Pleadings in bar in,

78, 79,
can be but one satisfaction in, 79.
a releasi to one, a release to all, 79.

may be submitted to arbitration, 104.
Assignment, forging, 272.
Assumpsit, how raised. 418.
ATTACHMENIS, where the debtor is removing

privately, or absconds and conceals
himself, so that the onlinary process of
law cannot be served on him, 84. War.
rant of, 86. Bond to the defendant, 86.
Same to the sherift, 87. Interpleader,
87. Replication, 88. Where the cre.
ditor has grounds to suspect that his
debtor intends to remove his effects;
and the debt does not exceed ewenty
dollars, or one thousand pounds of to..
bacco, 88. Warrant, 89. Where the
delse does not exceed ten dollars, or two
hundred pounds of tobacco, 89. War-
rant, 90,

Matters coinmon to all at-
tachments, 90. Where the creditor
suspects his debtor will remove before
the debt will be payable, or where he
bas renioved, leaving effects, 91. War
rant, 92, 93, Bond, on the sale of the
property, 93. Bond for the surplus.
04.* Bond, where the property sold
cannot be divided, 94. Warrant, where
the debt is less than ten dollars, or four
hundred pounds of tobacco, 05. Re.
turns in cases of attachments, 95, 96,
Where there are noeffects, 95. Where
tbe at achment is levied, 95. Where
attached in the hands of a garnishee,
95. Where the property is sold under
an execution, 96. Judgments, on at-
tachments before a magistrate, 06.
Where the defendant fails to appear,
96. On a hearing, 96. Where the
attachment is levied in the hands of a
garnishee, 96. Judgment for the de
fendant, 97, Execution upon a judg.
ment, in attachment, 97. Execution
for costs, 97. Aljudged cases, on at-

tachments, 98.
for rent, 188.
from what coumty to issue, 08.
where levied, 98.
interest to be demanded on. 98.
how judgment entered against garnishee,

98.
strictness required in, 98.
when to be quashed, 98.
pleading, in, '98.
to enforce an award, 107. 116.
may be ext cufted by constables, 191.

against witnessts, 242 243.
ITTAINDER, 99.

cliffernce between and consiction, 99,
forfeiture on, bolile 49.
quære, whether the act extends to a fels
de se, 99.

Attornment, 487.
Attorney, reference to arbitration by, 101.

how far a witness, 237.

payment to, goul, 418.
Attorney powers or Letters of, 625, 626, 627.
Avowry, 493.
AWARD, what, 100. Who may or may not be

arbitrators, 100. Who may or may not
sulinn to arbitration, 100. What things
may be submitted, 102. The extent of
the submission, 104. The several kinds
of submission, 105. When a submission
may be revoked, 108. Of the award ;
when it shall be good and when not, 109.
Construction of awards, 114 of the
umpire, 115. What sball be a breach of
the award, 115. Of the remedy for non-
pertormance, 115. Pleadings in awards.
116. How an award may be relesed
against, 118. Forin of submission by
rule of court, 122. Arbitration bond, 122.
Condition to stand to the award of two
arbitrators in the common form., 122.
Condition to stand to the award of three
arbitrators, or any two of them, and an
umpire appointed, 123. Form of an
award, 124, 623. Form of an umpirage.
125. General release, in obedience to

an award, 125.
infatits, how far bound by, 101.
femes covert, 101.
parties only bound by, 101.
attorney may consent to a rule of refer.

ence, 101.
in case of a will, 104.
submission to, how construed, 104.
reference by rule of court, how made, 105.
setting aside, for what caux, 107, 118, 119
construction of, to be favourable, 109, 114
action upon, 115.
declarations, pleas, replications, bow to be,

116.
BAIL, what, 126. Difference between bail and

mamprise, 126. When a person may be
discharged without bail, 126. Who may
or may not be bailed, 127, 441. Who may
bail, and the manner of it, 127, Of grant-
ing bail where it ought to be denice. O
refusing bail where it ought to be admit-
tel, 128. Requiring excessive bail, 125.
or bail by writ of habeas corpus 12.
When bail shall be required in citilac.
tions, 128. When bail shall not be required
in civil actions, without the direction of a
judge or justice, 128. Special eases m
which bail is required by the laws of this
commonwealth, 129, Odences penisbahk
by the laws of this commonwealth by
imprisonment, without tail or mainprix.
1.30. Recognizance of bail in a criminal
case', 131. Recognizanee of special bei
in civil cases, 131. Special bail in dreiber
131. Bail piece, 132, Bail board to the
sheriff, 132.
when not to be granted, 126.
when fiurther bil may be required, 127.
appearance, not requird on bonds with

collateral condition, 128.
when he may enter special, 199.
in case of affrayers, $2.
for an assault, bo.
when not necessary on attachments, 30.
by reputed father of a bastard, 141.
in bigamy, 145.
in criminal cases, generally, 200.
How made a witness, 237.
bringing up prisoner by habeas corpus, 22
prosecuting recognizances of 437.
recognizal.ce of, to be ceruified to ciri

courts, 437.

lunil bond, 532.
BALLAST, 133
Bank checks, forging, 177, 204, 441:

notes, 204, 305, 441.
seal of, 204, 441.

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