2454 INDEX TO THE

Page.

An oath to be taken by the officers therein mentioned, that they will

not receive such profits — Const, art. 38.

Power of the governor and council in appointing and removing military

officers—Const, art. 48.

Military and militia commissions shall not be attested by the chancel-

lor, or have the seal of the state annexed — Const, art. 57.

Standing armies are dangerous to liberty, and ought not to be raised or

kept up without consent of the legislature — Decl. of Rights, art. 26.

In all cases, and at all times, the military ought to be under strict

subordination to, and control of, the civil power — Decl. of Rights,

art. 27.

No soldier ought to be quartered in any house in time of peace with-

out the consent of the owner, and, in time of war, in such manner

only as the legislature shall direct — Decl. of Rights, art. 28.

No person, except regular soldiers, mariners and marines, in the ser-

vice of this state, or militia when in actual service, ought, in any

case, to be subject to, or punishable by, martial law — Decl. of

Rights, art. 29.

ARRAY.

See JURORS.

ARREST.

The house of delegates may punish, by imprisonment, any person

who shall be guilty of a breach of privilege, by arresting on civil

process any of their members during their sitting, or on their way

to, or returning from, the house — Const, art. 12.

The senate may exercise the same power in similar cases — Const.

art. 12.

On the arrest of a defendant on a capias ad satisfaciendum, the plaintiff,

with the consent of the defendant, may elect not to call the said

execution, and may proceed with a new one — 1789. ch. 42, sec. 2,

255

No inhabitant to be arrested out of the county where he resides

for debt, &c. by any capias, till the return of non est, from his

county — 1801, ch. 74, sec. 11, .......

460

On such an arrest, the plaintiff to suffer a non suit, or if on execution,

the person to be discharged — 1801, ch. 74, sec. 12, ...

461

But not to extend to persons absconding from justice in the county

where they live, who may be arrested in any county — 1801, ch. 74,

sec. 12, ...........

461

A person arrested on attachment or capias, and permitted by the

sheriff, &c. to go at large, may be again arrested before the return

day, or during the term, in virtue of the same process, in order to

be produced before the court — 1811, ch. 161, sec. 2, .

604

Such second arrest to be as available as the first, with the same power

to detain or hold to bail — 1811, ch. 161, sec. 2, .

604

A sheriff, &.c. having arrested any person on an attachment, a capias ad

respondendum, or a capias ad satisfaciendum, and dying before the

return day, the sheriff, for the time being, may, on the same writ,