hundred pounds; and the same sheriff shall summon the justices of his county to meet at the courthouse thereof, within ten days after receipt of such certificate, and then deliver to them such list as aforesaid, out of which, twenty four shall be stricken, in manner before directed, any agent authorized by the prisoner, striking for him or her, or if no such appear, the justices striking only; and the remaining twelve shall be summoned as jurors for trial of the prisoner, by writ of venire facias, to be issued by the clerk of the last mentioned county. Every juror summoned by virtue of any such writ of venire facias, who shall fail at the return thereof, and from that time until he be discharg ed, to attend the general court, shall forfeit one hundred pounds, unless the defaulter shew good cause to the contrary, having been summoned for that purpose. Any justice of the peace may, by his warrant, cause to be apprehended and brought before him, every such person travelling in the county of the said justice, as he shall suspect to carry forged bills of credit or treasury notes, or loan office certificates, and search to be made in the wearing apparel and baggage of the said. traveller by force, if he or she expose them not voluntarily. The governour, with advice of the council of Rewards for state, may offer rewards for apprehending those who, apprehend having been charged upon oath with any of the felo ing. nies before described, shall have fled from justice, and may draw warrants for such rewards not exceeding one thousand pounds for any one fugitive, which shall be paid out of the publick treasury. The auditors

Persons sus. pected of having forged or coun

terfeited notes, how apprehend

ed.

to witnesses,

shall grant certificates to all witnesses, veniremen, and Allowances sheriffs, for their attendance in criminal cases, and shall veniremen, allow them in such certificates two shillings per mile and sheriffs, for travelling, and four pounds per day for their at

what, and

how paid.

tendance, besides ferriages (instead of the allowances heretofore established by law) which the treasurer is directed to pay for their attendance at the general court, held in this present month, and to all others who may attend at future general courts after the passing this act. The certificate from the auditors to be granted upon testimonial from the clerk of the court at which the witnesses, veniremen, or sheriffs shall have attended. This act shall be in force until the first day of January, one thousand seven hundred and eighty one; and so much of the act of last session "For more

effectually guarding against counterfeiting of the bills of credit, treasury notes, and loan office certificates, and of every other act as is within the perview of, and inconsistent with this, is repealed.

CHAP. XXV.

p. 103.]

An act for declaring and asserting [Chan: Rev. the rights of this commonwealth, concerning purcahsing lands from

Indian natives.

commonwealth to purchase

ed..

I. TO remove and prevent all doubt concerning Exclusive purchases of land from the Indian natives, Be it de- right of clared by the General Assembly, That this commonwealth hath the exclusive right of preemption from the Indians of all lands within the limits of its own char- lands of Intered territory, as described by the act and constitu- dians asserttion of government in the year one thousand seven hundred and seventy six; that no person or persons whatsoever have, or ever had, a right to purchase any lands within the same from any Indian nation, except only persons duly authorized to make such purchases on the publick account, formerly for the use and benefit of the colony, and lately of the commonwealth; and that such exclusive right of preemption will, and ought to be maintained by this commonwealth to the utmost of its power.

II. And be it farther declared and enacted, That every purchase of lands heretofore made by, or on behalf of the crown of England or of Great Britain, from any Indian nation or nations within the before mentioned limits, doth and ought to enure for ever to and for the use and benefit of this commonwealth, and to and for no other use, or purpose whatsoever; and that all sales and deeds which have been or shall be made by any Indian or Indians, or by any Indian nation or nations,

.. VOL. X.

N

for lands within the said limits, to or for the separate use of any person or persons whatsoever, shall be, and the same are hereby declared utterly void and of no effect.

CHAP. XXVI.

From Revis

Need Bills of An act constituting the Court of Ad

1779, chap.

XCII. p. 63. Chan. Rev. p. 104.]

Court of ad

governed.

י

miralty.

BE it enacted by the General Assembly, That the miralty esta court of admiralty to consist of three judges, any two blished. of whom are declared to be a sufficient number to con Number of stitute a court, shall have jurisdiction in all maritime judges Jurisdiction. Causes, except those wherein any parties may be acs cused of capital offences now depending and hereafter to be brought before them, shall take precedence in court according to the order in time of their appointments, and shall be governed in their proceedings and By what laws decisions by the regulations of the congress of the United States of America, by the acts of the general ass sembly, by the laws of Oleron, and the Rhodian and Imperial laws, so far as they have been heretofore.obs. served in the English courts of admiralty, and by the Provision, laws of nature and nations. If the regulations of cons where regu gress happen to differ from those of general assembly, the latter are declared to be supreme in cases wherein conflict with citizens only are litigants, and the former in all other laws of state. cases: Every future judge of this court shall be chosen Judges, how by joint ballot of both houses of assembly; and before he enters on the duties of his office, besides taking the oath of fidelity, he shall take the following oath, to be Oath of jud- administered by the governour in council: "You shall ges. swear that well and truly you will serve this commonwealth in the office of a judge of the court of admiralty; that you will do equal right to all manner of people, great and small, high and low, rich and poor, of what country or nation soever they be, without respect of persons. You shall not take by yourself, or by any other, any gift, fee, or reward, of gold, silver, or any

lation of

congress

chosen.

other thing, directly or indirectly, of any person or persons, great or small, for any matter done or to be done by virtue of your office, except such fees or salary as shall be by law appointed. You shall not

•

This

Register, advocate, and

maintain by yourself, or by any other, privily or openly, any plea or quarrel depending in the said court. You shall not delay any person of right for the letters or request of any one, nor for any other cause; and if any letter or request come to you contrary to the law, you shall nothing do for such letter or request, but you shall proceed to do the law; any such letter or request notwithstanding. And finally in all things belonging to your said office, during your continuance therein, you shall faithfully, justly, and truly, according to the best of your skill and judgment, do equal and impartial justice, without fraud, favour, affection, or partiality.". The taking of which oath, or the certificate thereof, shall be registered in the said court. Any Penalty for judge executing his office before he shall have taken acting with the said oath, or given assurance of fidelity to the com- out oath. monwealth, shall forfeit five hundred pounds of current money, to the use of the commonwealth. court or any two judges thereof, when it is not sitting, shall appoint a register, an advocate, and a marshal, marshal. when those offices shall become vacant, who shall take the oath of office, and of whom the register and marshal shall moreover give bonds, the former in one thousand pounds, and the other in ten thousand pounds, payable to the governour or his successours, with sureties, to be approved by the court or two judges, with condition that they will faithfully and impartially perform their respective offices, and account for and pay all money which may come to their hands by virtue thereof; upon which bouds, suits may be severally brought for the benefit and at the costs of any persons grieved by breach of the conditions until the damages to be recovered shall be equal to the penalties. The judges, register, advocate, and marshal, shall continue office. in office so long as they respectively demean themselves well therein. The court shall sit so often as there shall be occasion, at the capitol in Williamsburg, until the to sit. general assembly shall appoint another place, or at, or in such house or place as the governour, with advice of the council, shall by writ of adjournment direct, in case an accident by fire or tempest, or a pestilential

Tenure of

Court, where

DorM

ishable goods.

Libel.

Citation.

disease, or an enemy, shall make it necessary. This Sale of per. court shall have power to order sale of perishable goods to be made at any time, taking sufficient caution for securing the proceeds of the sale to him who shall be entitled to them by the final sentence. Every commander of a ship of war or other vessel belonging to the commonwealth, or to any citizen thereof, when he shall be required, shall assist the marshal of the said court acting by virtue of the process thereof, to seize and secure any vessel or goods subject to such process, so as not to violate the right of any other of the United States, or of any state, or prince in amity. Rules of with them. When a citation shall have been served practice: upon the owner or master of a vessel therein mentioned, if no person appear at the return day, or at such further time as the court for peculiar reasons shall appoint, and enter into the litigation, the libel shall be taken for confessed; and if return be made that the mas ter or owner was not found, and no person appear and claim, the court shall make an order, to be published three times in the Virginia Gazette, that the libel be taken for confessed, unless the party interested strall appear and shew cause to the contrary at a certain day to be limited in the order, not being less than three nor more than six weeks after the making thereof; and Publication. the said order being so published, if there be no such appearance before expiration of the time limited, thes libel shall be taken for confessed accordingly, caution being given to secure the effects so that they may be subject to the future order of the court, and the sem. tence given thereupon shall be published in manner aforesaid; and if the master, owner, or other person interested at any time within one year after such last mentioned publication, or that being omitted within seven years after sentence, by petition desire that the cause be reheard, and give security for payment of such costs as may be awarded against him, the court shall admit such party to make his defence or claim, in the same manner as if he had appeared at the return of the citation and give such sentence as they think just and agreeable with the laws prescribed for Depositions. the rules of their decisions. Commissions for taking the examinations of witnesses may be awarded, and such examinations may be read in like cases as they

Defence.