ACT IX.

Edit. 1733, An act for ascertaining the gage of Pork, Tarr and other Burrells.

and 1752.

Freamble.

Size of barrels for beef,

WHEREAS many frauds and abuses have been committed and done verry injuriously to the trade of this dominion by reason that pork, beef and tarr barrells have not a gage ascertained by law, for the prevention whereof for the future,

Bee it enacted by the Governour, Councell and Burpork, and tar. gesses of this present generall assembly and the authority thereof, and it is hereby enacted, That from and after the 29th day of September next every beef, pork and tarr barrell that shall or may hereafter be shipped off for exportation or that shall be putt to sale by any person or persous in this dominion shall hold and contain att least the quantity of thirty gallons.

sale, or ex

dimensions.

Penalty for And be it further enacted by the authority aforesaid, making, ex- and it is hereby enacted, That if any cooper or coopers posing to or any other person or persous after the 29th day of porting bar. September next, shall make or sett upp any barrell or rels, of less barrells for pork or tarr or any other thing of a less gage or dimension, then to hold and containe the quantity of thirty gallons per barrel!, and if any person shall export or put to sale any barrell or barrells other then of the gage and dimension aforesaid, he or they makeing or putting up or exporting or putting to sale any such barrell or barrells shall forfeit and pay for every barHow appro-rell so made or put up, exported or putt to sale the priated, sume of five pounds current money, one moyety to our and recover- sovereign lord the king, his heirs and successors to

able.

Packers of

ted, in coun

wards the better support of this government and the contingent charges thereof, the other moyety to him or them that shall sue for the same by action of debt, byll, plaint or information in any court of record in this dominion, in which noe essoign protection or wager of law shall be allowed.

And be it enacted by the authority aforesaid, and it is beef and pork hereby enacted, That the justices of every county court to be appoin shall be and are hereby impowered in their respective ties where counties, wherein their discretion shall be thought necessary to appoint one or more packers to pack pork and beef barrells, and that every packer shall and may by vertue of this act take and demand the sume of six

deemed necessary by

the justices.

pence for every pork or beef barrell soe by him packed, and if any packer or packers shall pack any unwholesome meat or trash in any barrell or barrells or shall pack any meat in other barrell or barrells then of the gage as aforesaid, he or they for every barrell so packt shall forfeit and pay the sume of five pounds currant money to be recovered and divided as aforesaid.

And be it further enacted by the authority aforesaid, Penalty for and it is hereby enacted, That if any person or persons rels, with unfilling up bar. shall fill up or putt to sale in any barrell or barrells as merchantable aforesaid any pitch or tarr not true made and merchant- pitch and tar. able or which shall be mingled with any trash or other thing then true made pitch, if it be pitch in the barrell, or clean tarr, if it bee tarr in the barrell and being thereof lawfully convicted, he or they soe offending shall forfeit and loose the said pitch and tarr, and twenty shillings for every barrell of pitch and ten shillings for every barrell of tarr soe falsely made filled or putt to sale to be recovered with costs and divided as aforesaid.

mark to be

And be it further enacted by the authority aforesaid, Justices to and it is hereby enacted, That the county courts in their appoint a respective counties are hereby likewise impowered put on the where they think it necesary to appoint a mark which barrels. shall be putt by the said packers upon every barrell soe by them packed to marke the said barrells therewith, as likewise to marke upon the said barrell or barrells the just quantity and contents of the said barrell or barrells upon the paines or penalties as aforesaid to be recovered and divided as aforesaid.

АСТ Х.

An act for prevention of clandestine Edi. 1733 and

Marriages.

1752.

WHEREAS many great and grievous mischeifes have Preamble. arisen and dayly doe arise by clandestine and secrett marriages to the utter ruin of many heirs and heiresses and to the great greif of all their relations, and whereas the lawes now in force for the prevention of such marriages do inflict too small a punishment for so heinous and great an offence,

Bee it enacted by the governour, councell and bur. gesses of this generall assembly and the authority

See vol. 2, pa. 49.

Former act thereof, and it is hereby enacted, That the twelfth act of repealed. assembly in the printed book entituled none to be married but by ministers nor by them but by lycense or publishing the banes and every clause or article therein contained be from and after the tenth day of November next repealed and made void to all intents constructi ons and purposes, as if the said act had never been made, any thing in the said act to the contrary notwithstanding.

None to be

mrried, except as the

er book prescribes.

And be it further enacted by the authority aforesaid, and it is hereby enacted, That noe minister or ministers shall from henceforth marry any person or persons torubrick in the geather as man and wife without lawfull lycense, or common pray without their publication of banns, according to the rubrick in the common prayer book prescribes which enjoynes, that if the persons to be married dwell in seaverall parishes, the banes must be asked in both parishes, and that the curate of the one parish shall not solemnise the matrimony, untill he have a certificate from the curate of the other parish, that the banes hath been thrice published and noe objection made against the parties joyned together. And if any minister or ministers shall contrary to this act without such Penalty on lycence or publication marry any person or persons, he ministers for or they soe offending shall for every such offence be immarrying oth-prisoned for one whole year without bayle or main

erwise.

How licences

prize and shall forfeitt and pay the sume of five hundred pounds current money, one moyety thereof to our sovereign lord the king, his heirs and successors towards the better support of the government and the contingent charges thereof and the other movety to him or them that shall sue or informe for the same by action of debt, byll, plaint or information in any court of record in this dominion in which noe essoign nor protection or wager of law shall be allowed.

And be it enacted by the authority aforesaid, and it is to be granted hereby enacted, That if the clerk of any county court by clerks. doe grant any certificate or certificates to any person or persons for any lycence or lycences for any marriage or marriages without the personall consent of the parent or guardian or signified under the hands and seales of the said guardian or parent and attested by two wittnesses or if any person or persons doe grant any lycence or lycenses for any marriage or marriages

without such certificate or certificates, he or they soe Penalty for offending shall for every such offence forfeit and pay them othergranting the sume of five hundred pounds current money, to be wise. recovered and divided as aforesaid, and be imprisoned the space of one whole yeare, without bayle or mainprise.

And be it enacted by the authority aforesaid, and it is Females, be hereby enacted, That if any woeman child or maiden tween 12 and 16 years of being above the age of twelve and under the age of sixteen years doe att any time consent or agree to such ing marriage

age contract

forfeit their

person, that so shall make any contract of matrimony inheritance to without the consent of the parent or guardian or with- the next of out the publication of the banes as aforesaid, that then their kin. the next of kin to the said woman, child or maid to whome the inheritance should descend, fall or come after the death of the said woman, child or maiden, shall from the time of such agreement and assent hold, have and enjoy all such lands, tenements and hereditaments as the said woman, child or maiden had in possession, reversion or remainder att the time of such assent and agreement and dureing such coverture and after the How it shall decease of the husband of the said woman, child or maiden haveing so contracted matrimony that then the said lands, tenements and hereditaments shall descend revert and remain to such woman, child or maiden, or such person or persons as they should have done in case this act had never been made.

descend after their death.

ACT XI.

An act for the better supply and mentai- Edi.1733, and nance of the Clergy.

1752.

WHEREAS a competent and sufficient provision for Preamble. the clergy will be the only means to supply this dominion with able faithfull and orthodox ministers whereby the glory of God may be advanced, the church propagated and the people edified, and whereas the law now in force entituled glebes to be laid out, in makeing such provision, doth seem verry deficient and uncer

tain.

Bee it enacted by the Governour, Councell and Burgesses of this present generall assembly and the authority thereof, and it is hereby enacted, That the said act of

Salary of mi

at sixteen

thousand

assembly in the printed book entituled glebes to be laid out, and every clause and article thereof be from henceforth repealed and made void, to all intents constructions and purposes as if the said act had never been made, any thing in the said act or in any other act to the contrary in any wise notwithstanding

And be it enacted by the authority aforesaid, and it is nisters fixed hereby enacted, That all and every minister or ministers in all and every parish and parishes in this domipounds of to- nion incumbent in the said parish or parishes and bacco a year, therein officiateing as minister or ministers shall have besides per- and receive for his or their meantenance the sume of quisites.

Vestry of each parish to appoint collectors; who may

sixteen thousand pounds of tobacco* besides their lawfall perquisites, and that it shall and inay be lawfull for the vestry or vestryes of any parish or parishes and they are by vertue of this act authorised and impowered to raise and levy the same in their respective parish or parishes, as also to levy five per cent for collecting and paying the said tobacco convenient.

And be it further enacted by the authority aforesaid, That it shall and may be lawfull for the vestry and vestries of all and every parish and parishes to appoint the church-wardens or whome they think fitt to collect and make distress receive the ministers or other parish dues, and the said person or persons soe qualified as aforesaid, shall bee and are hereby impowered in case of non-payment to make distress for the same.

build a house

Vestry em- And be it further enacted by the authority aforesaid, powered to That all and every vestry and vestryes in this dominion purchase a glebe at the shall bee and are hereby authorised and impowered charge of the where the same is not allready done to purchase and parish, and lay out a tract of land for the glebe att their discretion for the minis and att the charge of their respective parishes. And likewise to build and errect a convenient dwelling house for the reception and aboad of the minister of such parish or parishes att the discretion of such vestry or vestryes. Provided allwayes, and it is the true intent and meaning of this act, that if any vestry or vestryes of any parish or parishes shall find their parishes to be so small and poor and not to be able to allow and main

*ter.

*This was the first law which fixed the salary of the clergy of the Church of England at 16,000 lbs. of tobacco a year; and it so continued till the revolution.