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place of abole; and the name and surname of the prosecuior, and the 1111ns or county in which he shall reside, with his liile or profession, shall be yritten at the foot of the information, before it be filed, and of every bill of indictment for any trespass or misdemeanor, before it be presented to the grand jury; and if the defendant shall appear to shew cause against the filing the information, or to answer the information or indictment, and the prosecutor shall not proceed further, or if the defendant shall be found not guilty by the perit jury, or a judgment shall be given for him, he shall recover his costs against the prosecutor with an altorney's fee, if one was employed, and the allowances to witnesses, to be taxed in the bill of costs, and may have execution for them, as the manner is in civil cases: And in every such information or indictment, the amercement which ought to be according to the degree of the fault, and saving to the offender bis contenement, shall be assessed by twelve honest and lawsul men, either those by whom the offender shall have been convicted, in case of a verdict, or those who shall beimpannelled for that special purpose, where judgment shall be given against him upon the argument of a demurrer, or by his confession or default. No escheator, sheriff, coroner, or other inquisitor, shall liereafter have power of amercement, for default of common summons, save only the judges of the general court, or the respective county or corporation courts.

Amerce. ments.

CHAP. LXV.

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An act providing a mean to help and

speed poor persons in their suits.

Preamble.

I. WHERE it is intended that indifierent justice shall be bad and administered to all the citizens of this commonwealth, as well to the poor as the rich, which poor citizens be not of ability, nor power, to sue according to the laws of this land for redress of injuries and wrongs to them daily done, as well concerning their persons and their inheritance as other causes:

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For remedy whereof, in behalf of the poor persons of this land not able to sue for their remedy alier the course of the law,

jl. Be it enacted by the General Issembly. That every poor person which shall have cause of action against any person within this commonwealth, shall have, by the discretion of the court before whom he would sue, writ or writs original, and writs of subpana, according to the nature of his cause, nothing pay. ing for the same. And that the said court shall direct their clerk to issue the necessary process, shall assign to him counsel learved in the laws, and appoint all other officers requisite and necessary to be had for the speed of the said suit to be had and made, who shall do their duties without any reward for their counsels, help and business in the same.

CHAP. LXVI. An act providing that an infant may ch. Oxiu.

sue by his next friend.

Prom Rey. Bills f 1779,

In every case where such as be within age may sue, Infants, may it is enacted by the general assembly, that their next sure by next

"friend. friends shall be admitted to sue for them.

From Rev Bills of 1779,

CHAP, LXVII. An act declaring when the death of ch. CXIV.

persons absenting themselves shall be presumed.

BE it enacted by the General Assembly, That any

Presumption person absenting himself beyond sea, or elsewhere, for of death, seven years successively, shall be presumed to be dead, when.

in any case wherein his death shall come in question, unless proof be made that he was alive within that time. But an estate recovered in any such case, if in a subsequent action or suit the person presumed to be dead shall be proved to be living, shall be restored to him who shall have been evicted, and he may moreover demand and recover the rents and profits of the estate, during such time as be shall have been deprived thereof, with lawful interest.

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CHAP, LXVIII.
An act prescribing a method of pro.

testing inland bills of exchange.
and allowing assignees of obliga.
tions to bring actions thereupon in
their own names.

BE it enacted by the General Assembly, That if Bills of ex. a bill of exchange, for the sum of five pounds, or upchange, in. wards, dated at any place in Virginia, drawn upon a tested.

person at any other place therein expressed, to be for
value received, and payable at a certain number of
days, weeks, or months alter date, being presented to the
person, upon whom it shall be drawn, shall not be ac-
cepted by subscribing his name, with his proper hand
to the acceptance, written at the foot, or on the back of
the bill, or being accepted in that manner, and not
otherwise, shall not be paid before the expiration of
three days after it shall become due, the person to
whom it shall be payable or his agent, or assigns, may
cause the bill to be protested by a votary public, or if
there be no such, by any other person in presence of
two or more credible witnesses, for non-acceptance, in
the form or to the effect following, wrillen under a fair
copy of the bill: “ Know all men, that I,
on the
day of

, at the usual place of abode of the above named

, presented to him the bill, of which the above is a copy, and which

the said

did not accept, whereof, I the said

, do hereby protest the said bill. Dated ati , this

day of or for non-payment after acceptance, in the same form or to the same effect, except that the words " presented to him the bill, of which the above is a copy, and which said

did not accept," shall be left out, and instead of them the words “demanded payment of the bill, of which the above is a copy, and which the said

did not pay,” be inserted; And the drawer, such protest being sent to him, or notice thereof in writing being given to him, or lefi at the place of his usual abode, within fourteen days thereafter, shali pay the money mentioned in the bill to the person entitled to it, with interest, at the rate of five per centum by the year, trom the day of the protest; and he, to whom the bill, shall be payable, neglecting to procure the protest to be made, or due notice thereof to be given, shall be liable for all costs and damages accruing thereby. If the bill shall be lost or shall miscarry, the drawer shall sign and deliver another of the same tenour, sufficient security being given to indemnify him against all persons who may claim under the former An action of debt may Debt on notes be maintained upon a note or writing, by which the person signing the same, shall promise or oblige himself to pay a sum of money or quantity of tobacco to another. Assignments of bonds, bills, and promissory Assignmene notes, and other writings obligatory, for payment of of bonds. money or tobacco, shall be valid; and an assignee of any such may thereupon maintain an action of debt, in his own name, but shall allow all just discounts, not only against bimself, but against the assignor, before notice of the assignment was given to the defendant.

CHAP. LXIX.
An act for reviving the inspection of

tobacco at South-Quay, in the coun-
ty of Nansemond.

Inspection of 1. BE it enacted by the General Assembly, That the South Onay

tobacco at inspection of tobacco on the lands of Richard Baker revived.

at Soutlı-Quay, in the county of Nansemond, shall be, and the same is hereby revived and established; and that the houses erected for the reception of tobacco shall be kept in repair at the expence of the proprietor of the said land. The transfer notes issued by the inspectors at the said warehouse, shall be received in discharge of officers fees and public dues in the same manner as those of Suffolk inspection. Each of the inspectors at the warehouse shall receive a salary of twenty-five pounds per annum.

11. Provided always, and be it further enacted, Thai if the quantity of tobacco inspected at the said warehouse shall not be sufficient to pay the usual charges and the inspectors salaries, the deficiency shall not be paid by the public.

CHAP. LXX.

An act directing conveyances to be made for lands sold under the revenue law by John Owen, deceased, late sheriff of the county of Pittsylvania.

J. WHEREAS it is represented, that John Owen, Lands sold sheriff of the county of Pittsylvania, in the years one for taxes, by thousand seven hundred and eighty-two, and one John Owen, sheriff of Piu, thousand seven hundred and eighty-three, sold parts sylvania, how of sundry tracts of land to satisfy and pay the taxes conveyed. then due thereon, in the mapper prescribed by law,

but before any conveyances were executed, the said John Owen departed this life; and application hath been made for an act to authorise some person to execute deeds to the purchasers, for the said lands:

II. Be it therefore enacted by the General Assembly, That the sheriff of the said county of Pitisylvania shall, and he is hereby authorised and required, to execute deeds of conveyance for all lands sold under the revenile law by the said John Owen, and not conveyed by

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