The Virginian. [volume] (Lynchburg [Va.]) 1822-1829, 1826-03-23

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an existing mill with water. shall be com
pleird, the former miil-dam shall be abat-
ed within twelve months. The dam an-
thorisrd by this act across the bed at the
stream, shall br 80 high only, as will keep
/ thu watef from falling briaw ITS common
level. No prrsnn shall be authorised To
draw the water from any mill-pond -xis-
ting AT the time nj Application tor such ca
/ nal. nor To conflict with any vested right In
any water works erected on ahy stlrdrn -
/ TINS act not 10 take effect, until tue first
day of January next.
/ lie. An act concerning bail IN civil ac-
, uons provides that no defendant shall
hereafter be discharged frsm custody up
90 giving appearance bail, but onl) by CIV
ing speciai bal TO the action, and that, at
any time after the return day of the wit,
in the manner now allowed hy law. At
any time before the return day Is past,
special bail may be acknowledged hctor.
the officer having the defendant IA custody,
and such officer may certify the recnsnl-
zancr, As the Judges or justices may ~"
do, lIbrratlng The defendant, and returning
the fecUgnlzanee with the writ (; and 1t such
officer shall fail 10 take such special bail
or shall iaiI IN any of these requisltioDs, he
shall be regarded as HE special bal, aud IT
he proves To be Insufficient, he aud his ST.
curities shall be liable Oh his official bond
Exceptions to the bail may br TAKEN al any
rlme before the trial of the cau,e, aud II
Insufficient, the officer shall be liable 10
like manner. Exceptions taken hy the OIL
fcer for msuilicirHcy, after the recngui-
zaDce taken, aud exceptions by any other
person, nay br made by the plaintiff at
any time before fna Judgment, aud if sns
tanned by the court, the defendant may
be ruled To give other special bad, aud up
on failure, may proceed 10 Judgment ae-
cOrdlng To law, or commit him 10 prison
In aetuns of detlnue, the for.u Of the re-
cogniz lnce is prescribed. Special bal
may discharge themselves in the manner
y otided for the ,ist harge of special bail
now: Provided that IN an action OF dett
nue., the surrender of the defendant snail
discharge the bail from the pa, Incnt of the
alternative value, and the costs aud da ma
grs only, bat MT from the delivery If the
specific thlng, unless thr dlsIflngas there
for, br suspended by the court, aud then
the bail shall bt entirely exonrrated.-
Whenever the special bail shall desire a.
CeI1 corpus or bail piece. the same shalt be
granted lat any tine before satisfaction of
the adglnent, ur surrender oi III, prlaclpall
either by The officer or The court, or clerk
III vacation. In actions of driinue, the bail
aiay deliver thu specific property al an,
time after Judgment, pro tanio; PROVIDED,
the dlstrlnga5 has not been snprrCeded aud
be within the time above Tor surrender
ing the body of the principal. Before
Ju igmrnl, i court of chancer5 my relieve
az iinst The sale, remo,d al or cuucealmenl
of the property 10 controversy. This act
takes effect from te first If july next.
III. An act To alter and amend the ses-
rral acts authorIslng a lottery for the i'm
proyenent If the navigation Of Qnantico
creek IN lhe county of Prince WllIiam.-
For efectng thp Na,ig ,tinn aforesaid,
two Thousand dollars to be- raised BY lot
terry With authority to establish tarlh Of
tolls subject to the revlsipns of the Legisd-
lure; writ, Of al quod damaum allowed
tn condemn land &c. thr works 10 be be-
gun within two years or To be toI teltrd.
ia. An act tn amend an act, emitted an
act An act to a ..cnd an act entitled an
ACT To incorporate the trustees oi an acad-
rmy III the town Abingdon and for othrr
purposrs-aulhorises fifteen Thousand dol
Lars to be raised BY lottery, 10 be applied
10 the erection oil necessary buildings, Nc
ll9. An act concerning John lamps IN.
lzo. An act t. amend tue act Ia pro
vide more II, ctualIy for the establishment,
ff.is II,It H. nj m All
t. be rmplo, hy the Executive under
the four law may either sell or exchange
! the books, direct"d To or sold, for other
! book ,ilo be approved by the committee
/ Of the Executive ; thesame L. be appoin
ID az soon 40 they th,nk proper.
l21. An act IT. alter and reform the
mode of proceed X in the outs Of Cuan-
Gerry provides, that hereafter, IN every
writ of subpoena, the defendant shall BIZ
notified 10 dnSteer tue c"mplalnanPs bill,
and # he fails for more than four months,
1t shall be taken for confessed, and after
| the bill b. filed, unless he shall plead, &c.
! the plaintiff may have the cause set tor
nearing, or proceed To compel the drtrn-
Iaut to dnSiVer, hot at any time before a
inal decree, he may plead, answeI, &c.
! WITHOUT sfh'lluS Ant tduSt pdtk ~ ThIcs
lnd ii the bill be not filed 1T or before the
return Of thu subpGna, II shall stand here
| by dismissed no suit TO abate by the
death or marriage of plaintiff, but to be
conducted in the name of heir, dessee.
&c. without serving any sclre fa"ias unless
/ t + cause shtWn aud II upon motion such
! husband, &c. be- lot made a party. the de-
! PENDANT may either have ScIre tdcias, oI
! If proper parties arr not made before the
second tern after such marriage or death
the suit may be discontinued. Commits
sinners to be allowed not more than one
dollar pc" hour, their account, brmS seri-
ed by oath, sc. the parties having been
.nlnmnneh mhp Ahinnrn lrnm llmr II