every pork barrel, at exportation or sale, shall be at least two hundred and twenty pounds of neat pork, and of every beef barrel the like quantity of neat beef; and

that every tar barrel shall be filled with clean tar, and Quality of tar every pitch barrel with true made pitch, without the and pitch. least mixture of any sort of trash whatsoever.

III. And to the end, all and every barrel or barrels to be hereafter made use of, for any the purposes aforesaid, may from time to time be set up, or packed, and filled, according to the directions of this act,

er barrels.

IV. Be it enacted, by the authority aforesaid, and it is Penalty for hereby enacted, That whatsoever person or persons pro- making smallfessing or using the craft, mistery, or occupation of a cooper; or whatsoever other person or persons, which, without pretending to the profession of a cooper, make and set up cask for his or their own proper use only, shall, after the said nine and twentieth day of September, make or set up, any barrel or barrels for pork, beef, tar, or pitch, of a less size, gauge, and dimension, than is directed by this act; all and every such person or persons shall, for every barrell so made and set up, forfeit and pay the sum of five pounds current money.

or beef.

V. And be it further enacted, by the authority afore- For packing said, That whatsoever person or persons, from and af- a less quanter the said nine and twentieth day of September, shall tity of pork pack pork or beef, for sale, in any barrel or barrels made and set up, contrary to this act, in size, gauge, and dimension; or shall, in any barrel or barrels, pack less pork or beef, than this act requires, that is to say, sufficient to make each barrel hold out, at exportation or sale, the quantity directed by this act, to be the quantity and contents of a barrel of pork, or a barrel of beef; all and every such person or persons shall, for every such barrel, forfeit and pay the sum of five pounds current money.

ed with other

matter.

VI. And be it further enacted, by the authority afore- For tar or said, That whatsoever person or persons, from and af- pitch, of less ter the said nine and twentieth day of September, shall gauge, or mixput or fill tar or pitch, for sale, in any barrel or barrels made and set up, contrary to this act, in size, gauge, or dimension; or shall fill up or mingle any barrel or barrels of tar with any trash or mixture of any other matter or thing than clean tar; or any bar

On exporter of beef or pork.

Of tar and

pitch.

rel or barrels of pitch, with any trash or mixture of any other matter or thing than true made pitch; all and every such person or persons shall forfeit and lose all and every such barrel or barrels of tar or pitch, and besides that, ten shillings for every such barrel of tar, and twenty shillings for every such barrel of pitch.

VII. And be it further enacted, by the authority aforesaid, That whatsoever person or persons, from and after the said nine and twentieth day of September, shall export out of this her majesty's colony and dominion, to any other port or place, or put on board any ship, bark, sloop, or other vessel, in order to be exported as aforesaid, pork or beef, in any barrel or barrels made and set up, contrary to this act, in size, gauge, and dimension; or shall export, or put on board any ship, bark, sloop, or other vessel, in order to be exported as aforesaid, any barrel or barrels of pork, of less neat contents in pork, or any barrel or barrels of beef, of less neat contents in beef, than this act directs; all and every such person or persons shall, for every such barrel, forfeit and pay the sum of five pounds current

money.

VIII. And be it further enacted, by the authority aforesaid, That whatsoever person or persons, from and after the said nine and twentieth day of September, shall export out of this her majesty's colony and dominion, unto any other port or place, or put on board any ship, bark, sloop or other vessel, in order to be exported as aforesaid, any tar or pitch, in any barrel or barrels made and set up, contrary to this act, in size, gauge, and dimension; or shall export, or put on board any ship, bark, sloop, or other vessel, in order to be exported as aforesaid, any barrel or barrels of tar, filled up, or mingled with any trash, or mixture of any other matter or thing than clean tar, or any barrel or barrels of pitch, filled up, or mingled with any trash, or mixture of any other matter or thing than true made pitch, all and every such person or persons shall forfeit and lose all and every such barrel or barrels of tar or pitch; and besides that, ten shillings for every such barrel of tar, and twenty shillings for every such barrel of pitch.

IX. And be it further enacted, by the authority aforesaid, That whatsoever person or persons, from and af

or beef, in bar

ter the said nine and twentieth day of September, shall For bartering barter away, bargain for, or sell, or expose or offer to or selling pork sale, in any way whatsoever, within this her majesty's rels, contrary colony and dominion, any pork or beef, in any barrel to law. or barrels made and set up, contrary to this act, in size, gauge, and dimension; or shall barter away, bargain, or sell, or expose or offer to sale, in any way whatsoever as aforesaid, any barrel or barrels of pork, of less neat contents in pork, or any barrel or barrels of beef of less neat contents in beef, than this act directs, all and every such person or persons shall, for every such barrel, forfeit and pay the sum of five pounds current money.

pitch.

X. And be it further enacted, by the authority aforesaid, That whatsoever person or persons, from and after the said nine and twentieth day of September, shall and tar and barter away, bargain, or sell, or expose or offer to sale, in any way whatsoever, within this her majesty's colony and dominion, any tar or pitch, in any barrel or barrels made and set up, contrary to this act, in size, gauge, or dimension; or shall barter away, bargain, or sell, or expose or offer to sale, in any way whatsoever as aforesaid, any barrel or barrels of tar, filled up, or mingled with any trash, or mixture of any other matter or thing than clean tar, or any barrel or barrels of pitch, filled up, or mingled with any trash, or mixture of any other matter or thing, than true made pitch, all and every such person or persons shall forfeit and lose all and every such barrel or barrels of tar or pitch; and besides that, ten shillings for every such barrel of tar, and twenty shillings for every such barrel of pitch.

XI. And forasmuch as pork, beef, tar, and pitch, are often in barrels, imported and brought hither from Carolina, and other parts and places, to be sold: For prevention of frauds and abuses therein,

rels, contrary

XII. Be it enacted, by the authority aforesaid, and it The like peis hereby enacted, That whatsoever person or persons, nalties, for from and after the said nine and twentieth day of Sep- pork, &c. imtember, shall import or bring into this her majesty's ported in barcolony and dominion, from Carolina, or any other port or place whatsoever, by land or water, any pork, beef, tar, or pitch, in barrel or barrels of less size, gauge, and dimension, than this act directs, or any barrel or barrels of pork, of less neat contents in pork, or any

to law.

barrel or barrels of beef, of less neat contents in beef, than this act directs, or any barrel or barrels of tar, filled up, or mingled with any trash, or mixture of any other matter or thing than clean tar, or any barrel or barrels of pitch, filled up, or mingled with any trash, or mixture of any other matter or thing than true made pitch; and shall here bargain away, barter, or sell, or expose or offer to sale, in any way whatsoever, to any person or persons whatsoever, such barrel or barrels of pork, beef, tar, or pitch, or any of them; all and every such person or persons shall be liable to, and pay the forfeitures and penalties mentioned in this act, for every barrel bartered away, bargained, or sold, or exposed or offered to sale, contrary to this act: All which forHow appropri. feitures and penalties aforesaid, shall be divided into two equal parts; to wit, one moiety to our sovereign lady the queen, her heirs and successors, for and towards the better support of this government, and the contingent charges thereof; and the other moiety to him or them that will inform or sue for the same: To be recovered, with costs, by action of debt, bill, plaint, or information, in any court of record within this her majesty's colony and dominion, in which no essoin, protection, or wager of law, shall be allowed.

ated.

Repealing clause.

XII. And be it further enacted, That all and every other act and acts, and every clause and article thereof, heretofore made, for so much thereof as relates to ascertaining the gauge of barrels for pork, beef, tar, and pitch, or to any other matter or thing within the purview of this act, is, and are hereby repealed, and made void, to all intents and purposes, as if the same had never been made.

Who shall be

bles.

CHAP. VII.

An act concerning Tithables.

I. BE it enacted, by the Governor, Council, and Burdeemed titha gesses of this present general assembly, and it is hereby enacted, by the authority of the same, That all male persons, of the age of sixteen years, and upwards, and all negro, mulatto, and Indian women, of the age of sixteen years, and upwards, not being free, shall be, and are hereby declared to be tithable, or chargeable,

for defraying the public, county, and parish charges, in this her majesty's colony and dominion; excepting such only, as the county court, and vestry, for reasons, in charity, made appear to them, shall think fit to ex

cuse.

II. And to the end, that the age of all children imported, or that shall be imported, who are, or shall be in a capacity of becoming tithable, within the intent and meaning of this act may be ascertained,

III. Be it further enacted by the authority aforesaid, and it is hereby enacted, That the owner or purchaser Ages of children imported of every child, being a servant, and the parent or im- to be adjudg porter of every child, being free, at the first, second, or ed, third court, held for the county where such child shall be, after the arrival of the said child in this country, shall bring the said child before the county court, to have its age adjudged by the court; otherwise the said child to be accounted, and thereafter immediately be

tithable.

come tithable as aforesaid, although not of the age of or deemed imsixteen years: And the age of such child being adjudg- mediately ed by the court, shall be entered upon the records of the said court; and be accounted, deemed, and taken, for the true age of the said child, in order to its becoming thithable, within the intent and meaning of this act.

IV. And for the regular and exact taking account of the tithable persons in this her majesty's colony and dominion,

turned.

V. Be it further enacted, by the authority aforesaid, Lists of tithaand it is hereby enacted, That the court of each county, bles, how tadivide the same into convenient precincts, and annually ken and reappoint one of the justices for each of the said precincts, to take a list of the tithables; every which justice, in convenient time, before the tenth of June then next following, shall give notice of his being appointed thereto, and of the place he designs to take the same at, by setting up a note thereof, at the church or chapel door of the precinct he is appointed for; and shall attend the same, on the said tenth day of June, if it happen not to be of a Sunday, and then on the next day following. And also in August court then next following, shall deliver the list so by him taken, together with the subscriptions of the tithables, to the clerk of the county court; who shall, the next court day, set