CHAP. XXVI.

An Act declaring when the Death of Persons abfenting themselves fhall be

prefumed.†

[Paffed the 1st of December; 1786.]

E it enacted by the General Affembly, That any perfon abfenting himself beyond fea, or elsewhere, for feven years fucceffively, fhall be prefumed to be dead, in any cafe wherein his death fhall come in queftion, unless proof be made that he was alive within that time. But an eftate recovered in any fuch cafe, if in a fubfequent action or fuit, the perfon prefumed to be dead, thail be proved to be living, fhall be restored to him who fhall have been evicted; and he may moreover demand and recover the rents and profits of the eftate, during fuch time as he shall have been deprived thereof, with lawful

intereft.

CHAP. XXVII.

An AB for reforming the Method of proceeding in Writs of Right
[Paffed the 2d of December, 1786.‡]

Blands in a which moft been

E it enacted by the General Affembly, That for trial of difputed titles to

afed of late, the claimant or demandant of an estate in fee fimple may fue
forth against the poffeffor or tenant, a writ of præcipe quod reddat; which, iffu-
ing from the General Court, fhall be in this form, or to this effect,
THE Commonwealth of Virginia, to the Sheriff of E. greeting: Command C. D.
that be juftiy and without delay, render unto A. B.
Lenement containing
of land, with the appurtenances in the County of E. which he claimeth to
be bis right, and whereof be complaineth that the aforefaid C. D doth withhold
the poffeffion. And, unless be hall do fo then fummon the faid C D that he appear
before the Juftices of our General Court, at
Court, to Jhew wherefore be bath not done it.
Witness Chief Juftice of our faid Court, at

year

on the
day of the next
And have you then there this writ.
day of

the

in the

And iffuing from the Court of a County, City, or Borough, in the like form, with neceffary alterations; and fhall be directed to the Sheriff of that County, or the proper officer of that City or Borough, wherein the Tenant refideth, or that wherein was his laft place of abode. Upon which writ the Count shall be in this form, or to this effect;

tenement,

E. to wit: A. B. by F. G. bis Attorney, demands again C. D.
containing of land, with the appurtenances, in the County of E. and
bounded by
And whereupon the faid A. B. faith that be bath right to have
the tenement aforesaid, with the appurtenances, and offereth proof that fuch is bis
right.

If feveral tenements be demanded in the fame Count, the contents, fituations, and
boundaries of each shall be inferted therein. To which Count the Tenant may
plead in this form, or to this effect;

AND the aforefaid C. D. by H. I. bis Attorney, cometh and defendeth the right of the faid A. B. when and where it behooveth him, and all that concerneth it, and whatsoever be ought to defend, and chiefly the tenement aforesaid. with the appurtenances as of right, namely, tenement, containing of land in the County of E. and bounded by and putteth himself upon the affixe, and prayeth recognition to be made, whether be bath greater right to hold the tenement aforefaid with the appurtenances, as be now boldeth it (or them) or the fuid A. B. to have it as he now demandeth it (or them.”)

And to fuch plea the replication fhall be in this form, or to this effect;

AND the aforefaid A. B. in like manner putteth himself apon the affize, and

Form of the writ.

Count

Plea

prayeth recognition to be made whether he hath greater right to hold the tenement Replication.

aforefaid as be demandeth, or the faid C. D. as he holderb it (or them.")

Whereupon twelve good and lawful men, qualified as Jurors are required to

be, fhall be elected, tried, and charged as the manner is, to make recognition Jury.

of the affize; which charge fhall be in this form, or to this effect;

†The commencement of this at was on the 1st of July, 1787. See als of 1786, ch. 115.

I 1786, cb. 59.

F

Charge to the Jury.

you fall fay the truth, whether C. D. hath more right to hold the tenement, which A. B. d 'mandeth against him, by his Writ of Right, or A. B. 19 have it (or them) as he demanie:b." What might have been And at the trial, any matter may be given in evidence which might have been fpecially pleaded may be fpecially pleaded. And upon the verdict, or in the cafe of a demurrer, the like given in evidence. judgment fhall be given, and upon fuch judgment, the like execution awarded, as in cafe of a writ of right; and the party, for whom judgment fhall be given, Judgment, execution, thall recover his cofts of fuit; and the Demandant, if he recover his feifin, may alfo recover damages to be affeffed by the recognitors of affize, for the Tenants withholding poffeffion of the tenement demanded.

ofts and damages.

Mode of proceeding if return be made that the

tenant is not found.

Judgments against tenants in certain cafes, no bar to actions brought by them.

Judgments by default.

II. WHERE the præcipe quod reddat fhall ifue from the General Court, if return thereof be made that the Tenant is not found in the Bailiwick of the Of ficer to whom it was directed, the Demandant may fue forth a writ of exigi facias, in this form, or to this effect:

in the year

day of the next tenement containing And have you then

THE Commonwealth of Virginia, to the Sheriff of E. greeting: We command you
that you caufe C. D. to be required from County Court to County Court, until fivé
Courts be paffed if he doth not appear, and if he doth appear then fummon bim that be
be before the Juftices of our General Court, at
on the
Court, to fhew berefore be bath not rendered unto A. B.
of lant, with the appurtenance, in the County of E
there this writ Witness
Chief Justice of our faid Court, at
day of
And when the refidence or laft place of abode of the Tenant fhall be out of the
County, in which the land demanded lieth, a like writ of exigi facias shall alfo
be directed to the Sheriff of the latter County, and in either cafe a copy of fuch
writ fhall within four weeks after the tefte thereof, be printed in the Virginia
Gazette; and the faid writ or writs of exigi facias being returned in due form,
and being printed as aforefaid, if the Tenant thall not appear at the Court to
which the fame is or are returnable, judgment shall be entered, that the De-
mandant recover his feifin against the Tenant.

III. WHERE the præcipe quod reddat fhall iffue from the Court of a County, City, or Borough, if return thereof be made that the Tenant is not found in the Bailiwick of the officer to whom it was directed, the Demandant may fue forth a new præcipe every Court, for fivé Courts following, fucceffively, if the Tenant be not by one or other of them before fummoned; and when the refidence or laft place of abode of the Tenant shall be out of the County, City, or Borough, in which the land demanded lieth, a teftatum præcipe shall also be directed to the Sheriff or proper Officer of the latter County, City, or Borough; and in either cafe a copy of the first of the faid five præcipes, thall, within four weeks after the tefte thereof, be printed in the Virginia Gazette, and a copy of that and every other of them, fhall, within fourteen days after the tefte of each, be fet up at the door of his Courthoufe, by the Officer to whom it fhall be directed, and who, by an endorsement on fuch writ, fhall be required by the Clerk to do fo; and return of the faid five writs being made, that the Tenant is not found in the bailiwick or bailiwicks of the Officer or Officers, to whom they were directed, and that they had been fet up as is before directed, and the firit of them being printed as aforefaid, if the Tenant fhall not appear at the Court to which fome one of the faid writs was returnable, judgment fall be entered, that the Demandant recover his feifin against the Tenant; but if the Tenant, againit whom, without having appeared, or without having been fummoned, any fuch judgment fhall be rendered, fhall be out of Virginia, at the time of the fuit brought, the judgment shall be no bar to an action commenced by him, or any claiming under him, to be restored to the land recovered, within a year and a day after he or they fhall come into the Country, or remaining out of it, within feven years after the judgment; in which action, or in a separate one, damages may also be recovered.

IV. IF the Tenant whether fnmmoned or not, fhall appear, and afterwards make default, judgment shall be entered against him; and if having been fummoned he thall not appear, the Court thall make an order, that, unlets he appear at the then next Court, (a) or fee judgment shall be entered against him, which fhall be entered accordingly, if a copy of that order being delivered to him, or left at the place of his ufual abode, fifteen days, or more, before fuch next Court, and affidavit thereof being made, he fhall not then appear.

(a) The words “ mipale.

cr fee" are in the roll, but it is up posed were inferted by

of infants, femes covert, and lunatics.

V. IF the Demandant or Tenant, against whom any fuch judgment shall Refervation of the rights be rendered, at the time of the fuit brought, fhall be an infant, a married WOman, or a perfon of unfound mind, the judgment fhall be no bar to another action, commenced within five years after attainment of full age, discoverture, or recovery of underftanding, or within the fame time after the death of fuch privileged perfon.

CHAP. XXVIII.

An Act for the Suppreffion and Punishment of Riots, Routs, and unlawful

I.

Affemblies.

[Paffed the 4th of December, 1786 1

E it enacted by the General Affembly, That if any Riot, Affembly, or Duty of the Juftices in Rout of People, against the law, be made in any part of the Common- fuppreffing Riots, Ruts wealth, the Justices of Peace, three, or two of them at the leaft, and the Sheriff, &c. and in punishing the offenders; er Under-Sheriff of the County, or Serjeant of a Corporation, as the cafe may be, where fuch Riot, Affembly, or Rout shall be made, fhall come with the power of the County, (if need be) to arrest them, and fhall arreft them; and the fame Juftices and Sheriff, Under-Sheriff, or Serjeant, fhall have power to record that which they hall find fo done in their prefence against the Law, by which record fuch trefpaffers and offenders fhall be convict, and fhall be taken and put in the Jail of the fame County or Corporation, there to abide for fo long time as fhall be limited by a Jury, to be fworn by the Judges for that purpose, and further until they fhall have paid fuch amercement as the fame Jury shall afsess.

II. AND if it happen that fuch trefpaffers and offenders be departed before the coming of the faid Juftices and Sheriff, Under-Sheriff, or Serjeant, the fame Juftices, three, or two of them, fhall diligently enquire within a month after such riot, affembly, or rout of people fo made, and thereof fhall hear and determine according to Law; and for this purpose the Sheriff, or Serjeant, having a precept directed to him, fhall return twenty-four fit perfons, twelve of whom having been fworn, fhall enquire of the faid riot, rout, or unlawful affembly, and award, against those whom they fhall find guilty thereof, due pains, by amercement and imprisonment, as is before directed; and if fo many of them fhould not appear, thofe who make default fhall be fined, by the fame Juftices, five pounds each; and if the default be in the Sheriff, Under-Sheriff, or Serjeant, he fhall forfeit to the Commonwealth, twenty pounds.

III. AND if the faid riot, rout, or unlawful affembly, be not found by the faid Jury, by reafon of any maintenance, embracery, partiality, or other milbehaviour of the faid Jurors, then the faid Juftices, and the Sheriff, Under-Sheriff, or Serjeant, fhall certify the whole matter and circumstances to the General Court, and alfo the names of the maintainers and embracers in that behalf, if any be, with their misdemeanours that they know, in order that they may be duly profecuted, upon pain of every of the faid Juftices and Sheriff, Under Sheriff, or Serjeant, to forfeit twenty pounds, if they have no reafonable excufe for not certifying the fame, which certificate fhall be of like force as the prefentment of a Grand Jury; and thereupon the faid trefpaffers and offenders being put to anfwer, they which fhall be found guilty, fhail be punished by imprisonment and amercement, according to the difcretion of a Jury, as is before directed; and if the fame trefpaffers do not appear before the General Court at the first precept, then fhall another precept be directed to the Sheriff of the County, to take the faid trefpafiers and offenders, if they may be found, and to bring them at a certain day before the General Court; and if they cannot be found, the Sheriff, Under-Sheriff, or Serjeant, fhall make Proclamation in his fall County, or Corporation, next enfuing the delivery of the fecond precept, that they shall appear before the General Court on a day named; and in cafe the fame offenders come not as afore is faid, and the Proclamation made and returned, they fhall be convict and attainted of the riot, aflembly, or rout aforefaid.

IV. AND moreover, the Justices of Peace in every County or Corporation, where fuch riot, affembly, or rout of people fhall be made, in cafe the fame be made in their prefence, or if none be prefent, then the Juftices having notice thereof, together with the Sheriff, Under-Sheriff, or Serjeant, of the fame † 1786, ch, 48,

How they fhall he profecuted in the Gener Court, in cafe they be not convicted and punished by the Juftices.

Penalty on Juftices fe neglect of the duties pre fcribed by this AQ.