misconduct of his own knowledge, or upon complaint lodged in writing by any commissioned officer, who shall thereupon order a general court martial, to consist if convenient of the remaining major generals, the brigadier generals of the division, over which such major general is appointed, or as many of them as can conveniently attend, and as many lieutenant colonel commandants and majors, as shall make up the number of thirteen in the whole, who shall constitute a court martial for the By whom they trial of such offenders. Any brigadier general may in may be arrest-like manner be arrested for any offence committed under this act, by the commander in chief of the state, or by the major general of the division to which he belongs, and tried by a court martial, to consist of one major general, and not more than four brigadiers, and as many lieutenant colonel commandants, majors, and captains, as will be sufficient to constitute a court, to consist of thirteen members in the whole, which courts shall proceed to hear and determine all such offences, and give judgment according to the right of the case, to be approved or disapproved by the commanding officer of the

ed.

Salaries of the

ral and bri

tors.

state.

SECT. 45. And be it further enacted, That the adjuadjutant gene- tant general shall be allowed four hundred dollars per gade inspec- year; and that each brigade inspector shall be allowed one hundred and fifty dollars per year, for the duties herein required of them, to be paid by the treasurer, on warrant from the auditor, who is hereby authorised and required to grant the same quarter yearly, on proper application being made.

SECT. 46. This act shall commence and be in force from and after the passing thereof.

CHAP. V.

An act for reducing into one, the several acts concerning Executions, and for the relief of Insolvent Debtors.

(Passed December the 13th, 1792.)

SECT. 1. BE it enacted by the General Assembly, That Writs of exeall persons recovering any debt, damages or costs, by the cution. judgment of any court of record within this Commonwealth, may, at their election, prosecute writs of fieri facias, elegit, and capias ad satisfaciendum, within the year, for the taking the goods, lands, or body of the person or persons against whom such judgment is obtained,

tween teste

in manner following: All such writs shall run in the How to be is name of the Commonwealth, and bear teste by the clerks sued and reof the said courts respectively, shall be returnable to the turned. first day of the next succeeding court, so that there be Fifteen days always at least fifteen days between the teste and return at least beof each of the said writs: Provided, that executions may and return. be issued from the general court returnable to the second term of the said court, following the day of issuing the From the ge same; and that executions shall issue to any sheriff or neral and discoroner from the clerks of the district courts, and be re- when returnturnable to the first day thereof. And provided also, able. that if the plaintiff in any county or other inferior court, shall desire an execution to issue, returnable, at a further day, the clerk shall issue the same accordingly, so as the day of such return be upon a court day within ninety days next after the teste thereof, and that the forms of Forms of the the said several writs shall be as follows, mutatis, mutandis, to wit:

"A FIERI FACIAS IN DEBT.

trict courts,

writs.

"The Commonwealth of Virginia, to the sheriff of Againts goods county, greeting: WE command you, that and chattels.

"of the goods and chattels of A. B. late in your baili

"wick, you cause to be made the sum of

"which C. D. lately in our

court hath recover

"ed against him for debt; also the sum of
"which to the said C. D. in the same court were ad-
"judged for his damages, as well by reason of detaining

Debt.

Case, assumpsit.

"the said debt, as for his costs in that suit expended, "whereof he is convicted, as appears to us of record, "and that you have the said before the "judges or justices (as the case may be) of our said " court the

day of

to render to "the said C. D. of the debt and damages aforesaid. And "have then there this writ. Witness, &c."

The same in case, upon a Promise:

As before unto "for his damages, which he "sustained, as well by reason of his not performing a "certain promise and assumption to the said C. D. by "the said A. B. lately made, as for his costs by him "about his suit in this behalf expended, &c."

For the defendant.

IN TRESPASS.

"for damages, as well by

"occasion of a certain trespass by the said A. B. to the "said C. D offered as for his costs, &c."

If for the defendant, say,

"For his costs about his defence in a certain action "at the suit of the said," &c.

Covenant.

IN COVENANT.

As before unto

"for damages, &c. by occa

Against lands

and tenements.

"sion of a breach of a certain covenant between the said "A. B. and C. D. lately made, &c."

The form of a writ of "ELEGIT."

"The Commonwealth, &c. greeting: Whereas A. B. " at our court, &c. before our judges (or justices) "held, hath recovered against C. D. the sum of "which to the said plaintiff was adjudged for a certain "debt or damages," as before "and the said A. B. hath chosen to have delivered to "him all the goods and chattels of the said C. D. saving "only the oxen and beasts of his plough, and also a moiety of all his lands and tenements in your baili"wick, to have and to hold the goods and chattels afore"said as his own proper goods, and the said moiety as

"his freehold to him and his assigns, until he shall have
"levied thereof the debt and damages aforesaid: There-
"fore we command you that you cause to be delivered,
"all the goods and chattels of the said C. D. saving the
"oxen and beasts of his plough, and also a moiety of all
"his lands and tenements in your bailiwick, whereof he
"at the day of obtaining the said judgment was seized,
"or at any time afterwards, by reasonable price and ex-
tent, to have and to hold the said goods and chattels,
to him the said A. B. as his own proper goods and
"chattels, and the said moiety as his freehold, to him
"and his assigns, until he shall have levied thereof the
"debt and damages aforesaid, and that you certify our
"said judges (or justices) under your own seal, and the
"seals of those by whose oath you shall make this ex-
"tent and appraisement, how you execute this writ, the
day of
And have then there this writ,

" &c."

A CAPIAS AD SATISFACIENDUM.

"The Commonwealth, &c. greeting: We command Against the you, that you take A. B. late of

if he be body. "found within your bailiwick, and him safely keep, so

"that you have his body before our judges (or justices)
"of our
court, &c.

"to satisfy C. D. the sum of

day of

which the said

"C. D. hath recovered against him for debt, also, &c." as before.

IN CASE, TRESPASS, or COVENANT, as in the

FIERI FACIAS.

Which said writs so issued, shall be executed by the Forms of the sheriff or other officer to whom the same shall be direct- returns. ed, and shall be returned according to the respective forms hereafter mentioned, to wit:

The return of a FIERI FACIAS.

"By virtue of this writ to me directed, I have caus- Fieri facias ex"ed to be made the within mentioned sum of

of ecuted.

"the goods and chattels of the within named A. B. which "said sum of

before the judges (or justices) within

"mentioned, at the day and place within contained, I "have ready, as that writ requires."

Where no goods.

OR,

"The within named A. B. hath no goods or chattels within my bailiwick, whereof I can make the sum "within mentioned."

OR,

Where part is levied.

Elegit execut

ed.

"By virtue, &c. I have caused to be made of the "goods and chattels of the within named A. B. the sum "of which I have ready to render to the within "named C. D. in part of the debt and damages within "mentioned: And I do further certify, that the said A. B. "hath no more goods and chattels within my bailiwick, "whereof at present I can make the residue of the said "debt and damages, as by the said writ is required."

66

Return of a writ of ELEGIT.

in the

day of

in the

before me E. F. she

of

Inquisition indented, taken at "county aforesaid, the 66 year of our Lord "riff in the county aforesaid, by virtue of a writ to me "directed, and to this inquisition annexed, and by the "oath of A. B. C. &c. good and lawful men of my bai"liwick, who being charged and sworn upon their oath "do say, that A. B. in the said writ to this inquisition "annexed, named, the day of the caption of this inqui“ sition, was possessed of the goods and chattels follow"ing, as of his own proper goods, to wit, "the price of which I, the said sheriff, have "caused to be delivered to the same C. D. to hold to him as his own proper goods and chattels, in part of "satisfaction of his debt and damages aforesaid, in the "said writ mentioned; and further the said jurors upon "their oath do say, that the said A. B. at the time of "rendering the judgment aforesaid, was seized in his "demesne, as of fee, of and in [here name the houses "and lands] with the appurtenances of the annual value "in all the issues beyond reprises of pounds,

t

acres of which, or thereabouts, are a true "and equal moiety of all and singular the lands, tenements, and hereditaments whatsoever, in the county "aforesaid, of the said A. B.; which said moiety, I the "said sheriff, the day aforesaid, to C. D. in the said writ