at (g) Certificate of the magistrate. in the state of do I, JP, a justice of the peace for niture, and apparel, to answer for the said wages; but the said A M United States, for the district 'of and in the yǝar (h) Warrant to apprehend a seaman, absenting himself for of 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 on the (i) Commitment of a seaman who had deserted. 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, 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 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. 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 Abatement, of nuisance, 9, 248. not by marriage of defendant, 601. Abolition Society, members of, not to sit on trial Abridgments, condemned, 360. Absence, where presumption of death, 243. wife not competent to prove non-access, ACCESSORY, in general, 33. Before the fact, Account, attempt to prove items of, on trial, how far conclusive, 231. book, evidence for whom, 234. ALIMONY, its signification, 57. suits for, when instituted, 57. in what cases decreed, 57, 58, 59. history of jurisdiction of courts concern ne, exeat in cases of, 399. Since the title Alimony was printed off, it has Accounts, with prisoners in penitentiary, 426, ALLEGIANCE, 61. Advertisement, of an estray, 226. Advices of council, concerning penitentiary, 444, Affirmation. See Oaths. Affirmative, in issue, to be proved, 244.. counsel who begins, must conclude, 245, AGE, its signification in law, 56. 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. to what cases it extended, 62. on warrants, 595. Appearance, to a summons, 570. Appearance bail, not required on bonds with col when he may enter special, 129. may be moderately corrected, 65. discharged, by death of master, when and not bound to serve executor of master, Arbitrators, mistakes by, 119, 120. their powers, 121. ARRAIGNMENT, 69. Array, challenge to, 349, 351, 352, 357. when, without warrant, 71. doors broke, to make, when, 73. of militia officers, limitation of, 376. Art, words of, in indictaents, 320. In what cases they may be justified, 78. election, not compelled in, 78. casi be but one satisfaction in. 79. a release to one, a release to all, 79. Assignment, forging, 272. privately, or absconds and conceals 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 ATTAINDER, 99. difference between and conviction, 99. quære, whether the act extends to a felɔ Attornment, 487. Attorney, reference to arbitration by, 101. payment to, good, 418. . infants, how far bound by, 101. parties only bound by, 101. attorney may consent to a rule of refer in case of a will, 104. submission to, how construed, 104. reference by rule of court, how made, 103. declarations, pleas, replications, how to be, 116. BAIL, what, 126. Difference between bail and when not to be granted, 126. when further bail may be required, 127. 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. 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. |