or putting a

on.

ters that will either by themselves or their owne ser vants make and sett up such caske as aforesaid, and with the said marks or brands as is aforesaid upon the head and bulge of every tobacco caske put the two first letters of their proper name and sirname, together with the exact and just (a) weight or tare of every such tobacco caske, as either they or any of them shall afterwards undertake to sett up, to the intent the true Penalty for weight of every tobacco caskue may be knowne. And not branding that every such cooper, planter or other person or perfalse weight sons as is aforesaid, that after the said 10th day of September next, shall either voluntarily neglect to put his proper mark on every respective tobacco caske at the makeing thereof, or willfully place an unjust weight or tare thereupon, whereby any person afterwards buying or receiving the same, shall or may be defrauded and wronged contrary to the form and intent of this act, shall for every such offence, and for every tobacco caske wanting such marks, or any of them as this act requires, forfeite and pay five hundred pounds of tobacco and cask, one moyety thereof to our Soveraign Lord the King, his heires and successors, for and towards the better support of this government and the contingent charges thereof, and the other moyety to him or them that shall informe and sue for the same in any court of record within this his majesties dominion of Virginia, by bill, information, plaint or other action, wherein noe essoign, protection or wager in law shall be allowed.

Penalty for

bacco in casks not truly branded.

And be it alsoe further enacted by the authoritie aforepacking to- said, and it is hereby enacted, That all and every planter or planters or other persons whatsoever which shall either pack with intent to pay away or put to sale, or shall directly pay away or put to sale any tobacco or tobaccoes whatsoever, from and after the said 10th day of September next, in any other caske whatsoever but what are really marked ac ording to the forme and intent of this act, shall for every such offence, and for every tobacco caske wanting the same forfeit and pay five hundred pounds of tobacco and caske to and for the uses aforesaid and to be recovered in manner aforesaid.

Various Readings.

(a) The words and just' omitted in Northb. MS. but inserted in Ch. City MS.

And be it further enacted by the authoritie aforesaid, Purchasers and it is hereby enacted, That all and every purchaser to take tobac. at the tares and (a) receiver of any tobacco or tobaccoes in caske marked on soe marked as aforesaid, shall and doe receive and ae the casks. cept the same at the particular tares thereon placed and putt. And that for every hogshead soe purchased or received, the buyer or receiver shall pay and allow to the respective seller or payer away as a consideration in vallue thereof thirty pounds of tobacco and no more. Any law, usage, statute heretofore to the contrary notwithstanding.

Provided alwayes, and it is the true intent and meaning Allowance of this act, That all sherriffes or other collectors of the publique dues, shall pay and allow to the planter for caske, after the rate of eight per cent, according as by law is already established.

ation in

Provided alsoe, and it is the true intent and meaning, Courts to alof this act, that all and every court of judicature within low for vari. this his majesties dominion, before whom any informa- weights. tion of the breach of this law shall be brought, shall and are hereby impowered to consider what any tobacco hogshead after it hath lain (b) sometime packt, may by the moisture of the weather, or the tobacco therein packt increase in waight and give judgment accordingly. Any thing in this act to the contrary hereof notwithstanding. This act to continue in force three yeares from and after the 10th day of September next, and noe longer,

ACT VII.

& 1752.

An act declareing the 107th act of Assem- Edi. 1733 bly, made the 23d day of March 1661-2, to be in force.

WHEREAS severall doubts have arisen, and doe Preamble. dayly arise whether the 107th act made at James Citty the 23d day of March, 1661-2, entituled, noe seconds or slips, be not repealed by a later act of assembly made at James City the 29th of September,

1664, entituled, an act for liberty to plant and divers persons, doe thereupon endeavour to excuse as well their tending such seconds and slips as their packing, selling and sending away ground leaves and other trash with the notion and colour of being suffered to make the benefitt of their labour, when indeed noe such trash was thereby ever intended to be permitted and allowed. Act 107, of Bee it enacted by the governour, councell and burgesses revived and of this general assembly, and the authority thereof, and it continued. is hereby enacted, That the said 107th act of assembly

March 1661-2

breach of

that law.

made at James Citty the 23d day of March, 1661-2, entituled, noe seconds or slips, be now continued in full force, power and vertue, with this alteration and amendment, that from and after this session of assembly every Penalties for person or persons that shall be found guilty of breach of the said law, or any branch thereof, shall for such of fence forfeit, suffer and pay such forfeitures, penalties and fines, as is therein mentioned and ordained to be forfeited, payd and suffered; one moyety to our Soveraigne Lord the King, his heires and successors for and towards the better support of the government of this his majesties dominion of Virginia and the contingent charges thereof, the other moyety to him or them that shall informe or sue for the same in any court of record within this his majesties dominion of Virginia, by byll, information, plaint or other action, wherein noe essoigne, protection or wager in law shall be allowed.

Provision

against mak ing trash to

bacco.

And for the better prevention of makeing such trash tobaccoes, whereby his majestie is much injured in his customes, and many frauds are put upon merchants and others in England, by reason that such seconds, slips and late planted tobaccoes, not having sufficient time to come to full growth and maturity, the same proves in generall to be damaged by the greenness, thinness and other ill-qualities thereof, although noe other wett or moisture then what it hath in its owne naturall case come to the same, and by reason of such damage the importer thereof payes little or noe custome for it. And yett the said tobacco being cutt and mixed with stalks, is commonly put to sale at underrates, and thereby the commoditie in general much undervalued and reduced to soe low a price in this country, that many

planters are, and will be by reason thereof compelled to leave of planting tobacco, and to employ themselves about husbandry, and in makeing and improveing severall manufactures, with which this country hath been alwayes heretofore furnished from England.

June.

Bee it therefore further enacted by the authority afore- No tobacco to said, and it is hereby enacted, That noe tobaccoes be be planted or replant'd afplanted or re-planted after the last day of June annually, ter last of for the time to come, and that whoever shall, directly or indirectly plant or re-plant, or cause to be planted or re-planted any tobacco after the said last day of June, shall for such offence forfeit and pay ten thousand pounds of tobacco to the uses aforesaid, to be recovered in manner aforesaid.

And for as much as severall persons strip the stalkes out of the leafe of theire tobaccoes in this country, and then afterwards ship the said tobacco stalkes for England, with intention to defraud his majesty of his duty here and customs there, when it doth arrive, and the price of tobacco by that practice alsoe further leasened and diminished.

Penalty for shipp'g tobacco stalks from

Be it therefore further enacted by the authority aforesaid, and it is hereby enacted, That whosoever shall ship any tobacco stalks, from which the leafe has been stript which the leaf and taken away for exportation out of this country, has been shall for every pound of such tobacco stalkes, forfeit stript. and pay fifty pounds of tobacco to the uses aforesaid, to be recovered in manner aforesaid.

ACT VIII.

An act for the better improveing the breed Edi. 1733 and

of Horses.

1752.

FOR as much as the breed of lgear and strong hor- Preamble, ses in this country, will not only extend to the great help and defence of the same, but alsoe prove of great use and advantage to the inhabitants thereof, which now is much decayed and impair'd by reason that small ston'd horses, of low stature and value, be not only suffered to pasture and feed in our woods and other waste grounds, but alsoe to cover and leap mares feeding there, whereof cometh a numerous beed to the little profit but great damage of this country, and will

further encrease to the detriment thereof, unlesse some effectuall remedy be speedily provided to prevent the same. ffor prevention therefore of soe great an evill, and for the encrease and breed of better and stronger horses hereafter to be had in this collony.

Pen❜ty for suf- Bee it enacted by the Governour, Councell and Burfering stoned horses, of two gesses of the General Assembly and by the authoritie years of age, thereof, and it is hereby enacted, That noe person or and under 13 persons whatsoever after the last day of July, which shall handfulls high be in the yeare of our Lord 1687, shall have or put to to run at large feed into or upon any woodland grounds, marshes or other waste grounds, not haveing a sufficient fence about the same, any ston'd horse or horses, being of the age of two yeares, and not being of the height of therteen hand full and an halfe, to be measured from the lowest part of the hoofe of the forefoot, unto the highest part of the wither, and every hand full to contain four inches of the standard, upon the penalty and forfeiture of such horse or horses, or four hundred pounds of tobac co and cask for every such horse which shall be soe found in or upon any such woodland, ground, marshes or other waste grounds at any time after the said last day of July, which shall be in the said year of our Lord, 1687, contrary to the true intent and meaning of this How such sto- act; and it shall be lawfull to every person or persons ned horses that shall find any such horse or horses, contrary to the may be seizform of this act to seize the same in manner and form ed and dispos ed of. following, that is to say: the said person or pesons soe finding any horse or horses contrary to this act, in any woodland, grounds, marshes or other waste grounds, not having a sufficient fence about the same, shall forthwith, after this or their takeing up such horse or horses soe found, goe unto some one or other of his majesties justices for the peace for that county, haveing also with him or them such horse or horses as he or they shall take up, and before him make proof by his or their own corporall oathes, and another single testimony at the least, that he or they did find and take up such ston'd horse or horses as is aforesaid, running in such woodland, grounds, marshes or other waste grounds as is aforesaid. And that after such sufficient proof made, the said justice of the peace is hereby desired and required, then and there before him to cause the said horse or horses to be measured, and if it be soe found