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(g) Certificate of the magistrate.

in the state of

do

I, JP, a justice of the peace for
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
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 A M
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
in the year
of the independence of the United States of America.
To A C, clerk of the court of the

United States, for the district

'of

and in the

yǝar

(h) Warrant to apprehend a seaman, absenting himself

for

of

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Complaint this day being made to me, JP, a justice of the peace by A M, master of the ship now lying at the port 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 from 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 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

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on the

(i) Commitment of a seaman who had deserted.

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Whereas BS, one of the seamen belonging to the ship (sloop, &c.} of 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 (sloop, &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,

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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

in the year
United States of America.

day of year of the independence of the

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.

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TREASON.

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 some 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 offences, shall have such copy of the indictment and list of the jury two entire days at least before the trial. And every person so accused and

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 Appendix, may be adopted here, with such variations as will express the crime of TREA

ON.

THE following points respecting criminal prosecutions under the laws of the United States, not falling under any particular head, were reserved 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.

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.

not by marriage of defendant, 601.

Abolition Society, members of, not to sit on trial
of a slave for freedom, 548.

Abridgments, condemned, 360.

Absence, where presumption of death, 243.
Access of husband, when presumed, 137, 138.

wife not competent to prove non-access,
236.

ACCESSORY, in general, 33. Before the fact,
34. After the fact, 36. How proceeded against,
37. Punishment of, 40. Warrants, commit.
ments, and indictments against, 41.
Accomplices, 68, 241.

Account, attempt to prove items of, on trial, how

far conclusive, 231.

book, evidence for whom, 234.
running, limitation of, 378

ALIMONY, its signification, 57.

suits for, when instituted, 57.

in what cases decreed, 57, 58, 59.
how relieved against, 58.

history of jurisdiction of courts concern
ing 58.

ne, exeat in cases of, 399.

Since the title Alimony was printed off, it has
been solemnly decided by the chancellor of the
Richmond district (Creed Taylor, esq.) that the
courts of chancery, in this country, possess
jurisdiction in cass of alimony; a decree was
accordingly made, in the case of Purcell v. Pur-
cell; and, on an application to the judges of
the court of appeals to be allowed an appeal
from the decision, it was unanimously refused.
See the case at large in the Addenda, No. 1, to
this work, 613.

Accounts, with prisoners in penitentiary, 426, ALLEGIANCE, 61.

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Advertisement, of an estray, 226.

Advices of council, concerning penitentiary, 444,
445, 446.

Affirmation. See Oaths.

Affirmative, in issue, to be proved, 244..

counsel who begins, must conclude, 245,
ÁFFRAY, what, 49. How suppressed by a pri-
vate person, 50. How by a constable or peace
officer, 50. How by a justice of the peace, 51.
Punishment of, 54. Warrants and indictments
against affrayers, 52.

AGE, its signification in law, 56.
Agents, of penitentiary, 444, 446.
Agreements, 623, 624.

ALIENS, definition, 56.

how treated in case of war, 56.

how punishable for crimes, 56.

privileges and disabilities of, as to estates

real and personal, 57.

punishable for larceny, 364,

oath of, by whom to be taken, 62.
Almanacks, evidence, 234.
Ambassadors (L. U. S.) 653.
AMENDMENT, 62.

to what cases it extended, 62.
benefit of, in criminal cases, 62.
Amercement, to be assessed by jury, 332.
Ancient deeds, evidence, 231.
APPEALS, 63.

on warrants, 595.

Appearance, to a summons, 570.

Appearance bail, not required on bonds with col
lateral condition, 128.

when he may enter special, 129.
Application, of payments, 417.
Apportionment, of rent, 481.
APPRENTICES, who may be bound, and to
whom, 63. The manner in which they
shall be bound, 64. Reciprocal duties
of master and apprentice, 65. Griev
ances redressed, 65. Adjudged cases
on the subject of, 66. Indenture of,
bound by the overseers of the poor, 66.
Indenture of, bound together with his
father, 67.

may be moderately corrected, 65.
bound to sea service, 65.

discharged, by death of master, when and
how far, 66.

not bound to serve executor of master,

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Arbitrators, mistakes by, 119, 120.

their powers, 121.

ARRAIGNMENT, 69.

Array, challenge to, 349, 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
the arrest shall be made, 71.
manner of an arrest, 72. What is to
be done after the arrest, 76.

when, without warrant, 71.
good in the night, 72.

doors broke, to make, when, 73.
what makes an arrest, 76.

of militia officers, limitation of, 376.
Arson, 160, 179, 419. 440.

Art, words of, in indictaents, 320.
ASSAULT AND BATTERY, what. 77.

In what cases they may be justified, 78.
Remedy for, 78.

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

casi be but one satisfaction in. 79.

a release to one, a release to all, 79.
may be submitted to arbitration, 104.

Assignment, forging, 272.
Assumpsit, how raised. 418.
ATTACHMENTS, where the debtor is removing

privately, or absconds and conceals
himself, so that the ordinary process of
law cannot be served on him, 84. War.
rant of, 86. Bond to the defendant, 86.
Same to the sheriff, 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 twenty
dollars, or one thousand pounds of to-
bacco, 88. Warrant, 89. Where the
debt does not exceed ten dollars, or two
hundred pounds of tobacco, 89. War-
rant, 90. Matters common to all at-
tachments. 90. Where the creditor
suspects his debtor will remove before
the debt will be payable, or where he
has removed, leaving effects, 91. War
rant, 92, 93. Bond, on the sale of the
property, 93. Bond for the surplus.
94. Bond, where the property sold
cannot be divided, 94. Warrant, where
the debt is less than ten dollars, or four
hundred pounds of tobacco, 95. Re.
turns in cases of attachments, 95, 96,
Where there are no effects, 95. Where
the attachment 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, 96.
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. Adjudged cases, on at-
tachments, 98.

for rent, 488.

from what county to issue, 98.

where levied, 98.

interest to be demanded on, 98.

how judgment entered against garnishee,

98.

strictness required in, 98.

when to be quashed, 98-

pleadings in. 98.

to enforce an award, 107, 116.

may be executed by constables, 194
against witnesses. 242 243.

ATTAINDER, 99.

difference between and conviction, 99.
forfeitures on, abolished, 99.

quære, whether the act extends to a felɔ
de se, 99.

Attornment, 487.

Attorney, reference to arbitration by, 101.
how far a witness. 237.

payment to, good, 418.
Attorney Powers or Letters of, 625, 626, 627.
Avowly, 492.
AWARD, what, 100. Who may or may not be
arbitrators, 100. Who may or may not
submit 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 shall be a breach of
the award, 115. Of the remedy for non-
performance, 115. Pleadings in awards.
116. How an award may be relieved
against, 118. Form 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, 628. Form of an umpirage,
125. General release, in obedience to
an award, 125.

.

infants, 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, 103.
setting aside, for what cause, 107, 118, 119.
construction of, to be favourable, 109, 114:
action upon, 115,

declarations, pleas, replications, how to be,

116.

BAIL, what, 126. Difference between bail and
mainprise, 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 denied, Of
refusing bail where it ought to be admit-
ted, 128. Requiring excessive bail, 125.
Of bail by whit of habeas corpus, 125,
When bail shall be required in civil ac.
tions, 128. When bail shall not be required
in civil actions, without the direction of a
judge or justice, 128. Special cases in
which bail is required by the laws of this
commonwealth, 129. Offences punishable
by the laws of this commonwealth by
imprisonment, without bail or mainprise.
130. Recognizance of bail in a criminal
case, 131. Recognizance of special bail
in civil cases, 131. Special bail în detinue,
131. Bail piece, 132. Bail bond to the
sheriff, 132.

when not to be granted, 126.

when further bail may be required, 127.
appearance, not required on bouds with
collateral condition, 128.

when he may enter special, 129.

in case of affrayers, 52.

for an assault, 80.

when not necessary on attachments, 20.

by reputed father of a bastard, 141.

in bigamy, 145.

in criminal cases, generally, 206.

how made a witness, 237.

bringing up prisoner by habeas corpas, 222.
prosecuting recognizances of 437.

recognizance of, to be certified to ciresi

courts. 437.

bail bond, 532.

BALLAST, 133

Bank checks, forging, 177, 204, 441.

notes, 204, 365, 441.

seal of, 204, 441.

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