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Repeal of 4.

VIII. And be it further enacted by the authority aforeAnne, C. 14. said, That one act, made in the fourth year of Queen Anne, intituled, an act against stealing hogs, be, and is hereby repealed.

IX. And be it further enacted by the authority aforeCommence- said, That this act shall commence and be in force ment of this from and immediately after the tenth day of June, which shall be in the year of our lord one thousand seven hundred and fifty one.

act.

A

CHAP. XLII.

An Act for preventing losses from drivers passing with horses and cattle through this colony; and for laying a duty on horses imported, and the more effectual preventing of horse-stealing.

I. WHEREAS divers vagrant people travel throughṛ Preamble. this colony, from the northern provinces, to the southern, pedling, and selling horses, and either buy, or steal, great numbers of nett cattle, which in their return back, they drive through the frontier counties, and often take away with them, the cattle of the inhabitants, of the said counties, under pretence that they cannot separate them from their own droves, to the great damage of the said inhabitants: For prevention whereof,

cattle passing through this colony.

The duty of II. Be it enacted by the Lieutenant Governor, drivers of Council, and Burgesses of this present General Assembly, and it is hereby enacted, by the authority of the same, That from and after the passing of this act, every driver of nett cattle shall, immediately after their coming into this colony, go before the next justice of the county, and produce to him a true and perfect manifest, certified under the hand of a magistrate, in the province from whence they last came, wherein shall be distinguished the sexes, ages, marks, and colours, of all and every such cattle, and also, at the same time produce bills of sale for them, and parti

failure,

cularize the place of abode, and name of the seller, and make oath, That he knows of no more cattle, in his drove, than what are mentioned in the manifest, and bills of sale:' Which oath, the justice shall administer, and certify on the manifest, and shall enter in a book, by him to be kept, for that purpose, a copy of the said manifest, and certificate; and if any nett cattle shall be bought, in this colony, in order to be driven into any neighbouring province, the driver Shall produce his bill of sale, to the next justice of the county where they shall be bought, and shall make oath, That the said bill is true, and that he knows of no more cattle, in his drove than what are mentioned in the said bill and manifest,' in case there be any: Which the justice shall enter, and certify, in manner aforesaid, and also shall add a description of the cattle so bought, to the manifest, if any; and the like method shall be used by the drivers, and justices, in all the other counties, in this colony, through which they pass, upon their arrival therein: And if any dri- Penalty on ver shall fail herein, he, she, or they, shall forfeit, and lose, his, her, or their, whole drove of cattle. And any justice of the peace, upon complaint to him thereof made, is hereby impowered to issue his warrant, to the sheriff, or any constable of his county, forthwith to raise sufficient force, and to seize the cattle, and cause the driver, or drivers, to come before him, or any other justice of the county, who is hereby impowered to hear the matter, and give a final judgment therein, and to order the cattle, if he shall judge them forfeited, to be sold by the sheriff, in the same manner as goods taken in execution: And the sheriff shall be Sheriff's fees allowed the same fee for the service, and shall also be on the sale allowed for keeping and providing, for the said cattle, sold in purof cattle, until they are sold, after the rate of two pence per suance of head, for every twenty four hours, out of the money this act. arising from the sale: But in case any person, or persons, other than the driver, or drivers, so convicted, Persons or their employers, shall appear before the justice be- claiming catfore whom the judgment was obtained, before the cattle tle seized or are sold, and shall make his, her, or their, property, have relief.. sold, shall in any of them appear, the sheriff shall, by order of such justice, restore the same to such owner, or owners, upon payment of the charge of their keeping: Or if any owner or owners shall, within three months af ter the sale, make their property appear, as aforesaid,

Appropriation of the

seizure.

Persons ex

the sheriff shall pay him, her, or them, by order of the justice, for their cattle, according to the sale, after deducting a proportionable part of the charges; and at the expiration of the said three months, the money arising from the sale shall be appropriated, one moiety to the churchwardens of the parish where the driver shall be convicted, for the use of the parish, and the other moiety to him, her, or them, who did inform or prosecute, and shall be paid them by the sheriff accordingly; and the sheriff shall return an account of the sales, to the clerk's office, to be lodged among the records of the county.

III. Provided always, That nothing herein contained shall be contrued to extend to any of the inhabicepted out tants of this colony, who shall buy any nett cattle, and of this act. be driving them home, or to any persons coming with their families, and stocks, to settle in this colony.

Preamble.

Duty on horses import.

ed.

Collectors,

and their salary.

IV. And whereas the importation of horses, is of no advantage to this colony, the stock of them being already sufficient for the inhabitants, and the importers commonly vagrant people, who drain great sums of money out of this government, and pay nothing towards the support thereof.

V. Be it further enacted, by the authority 'aforesaid, That from and after the passing of this act, there shall be levied and paid to our sovereign lord the king, his heirs and successors, for all horses, mares, and colts, imported, or brought into this colony, for sale, either by land, or water, from any place or port whatsoever, in America, by the owner, or importer thereof, ten pounds for every such horse, mare, or colt, to be appropriated to such uses, as the General Assembly shall from time to time direct.

VI. And be it further enacted, That the governor, or commander in chief of this colony, for the time being, with the advice of the council, shall and may appoint such, and so many, collectors of the duty imposed by this act, as he shall think fit; which collector shall reside near the frontiers of this colony, and shall be allowed a salary of six in the hundred, for receiving the said duty, and shall account for the same to the treasurer of this colony, for the time being, in such manner, and under such penalty, as the collectors of the duty upon liquors, are obliged to account. VII. And be it further enacted, That the importers of every horse, mare, or colt, liable to pay duty, by

payment of

virtue of this act, bringing any such horse, mare, or The method colt, into any place, or port, within this colony, shall of entry, and within six days next after his arrival, and before he the duty. offers the same to sale, make a true and just entry, upon oath, with the next collector of the duty, of the size, colour, mark, or brand, of every such horse, mare, or colt, and also of the name, and place of abode, of the owner, and last owner thereof, and shall at the same time pay down the duty, or give bond to the said collector, with one security, at the least, who shall be a known, and responsible inhabitant, or inhabitants, of this colony, for the payment of the said duty within three months: And the importer failing to make Penalty on such entry, pay down the duty, or give security, as making false aforesaid, or making a false entry, shall forfeit and entry, or pay one hundred pounds; and every horse, mare, or not paying or securing colt, by him imported, shall and may be seized by the duty. any magistrate, or officer whatsoever, and shall be forfeited and sold: And if any collector, or collectors, On officers of the duty imposed by this act, or any other person, bribes, or taking or persons, deputed and appointed, by or under them, conniving at or any of them, or any other authority whatsoever, a false entry. shall directly or indirectly, take, or receive, any bribe, recompence, or reward, in any kind whatsoever, or shall connive at any false entry of any horses, mares, or colts, liable to a duty, or custom, by virtue of this act, by means whereof, the duties or customs shall be lost, the person or persons therein offending, shall forfeit and pay the sum of one hundred pounds, and be forever afterwards, disabled in his said office, and rendered incapable of holding any office, or employment, relating to the customs, within this colony, and dominion; and the person or persons giving or paying any such bribe, reward, or recompence, shall forfeit and pay one hundred pounds.

tation in 3

VIII. Provided always, and be it further enacted, Drawbaek That if the importer of any horses, mares, or colts, of upon expor which the duty according to this act, shall be paid, months. or secured to be paid, shall within three months after the importation thereof, into this colony, be willing to export the same, he shall make oath, before the collector, with whom at their importation they were entred, that the horses, mares, or colts, to be exported, are the same that were entred, and that he hath not sold or swapped them since their entry, and that the said horses, mares, or colts, shall be exported out of this colony, within three days, and shall not be sold,

the collec

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swapped therein; and then it shall be lawful for the said collector, and he is hereby required and enjoined, to allow the said importer the whole duty, or customs, paid for the said horses, mares, or colts, so to be exported, any thing in this act contained, to the contrary, in any wise notwithstanding: And every person making a false oath, in this respect, shall be liable to and suffer the penalties inflicted by law, for wilful and corrupt perjury, and moreover, such horses, mares, or colts, so to be exported, shall be forfeited, and sold.

IX. And be it further enacted, by the authority aforeCollectors said, That every collector, upon receipt of the duty shall give receipts, for by this act imposed, or taking bond for the same, is duties paid hereby enjoined, and required, to give a receipt under or secured. his hand, for the money by him received, or bond taken, expressing the number of horses for which the same were paid, or bond taken, and the time of payment or taking thereof, with a description of such Importer not horses, to the person paying or giving the same: And producing every importer, liable to the payment of the duty by virtue of this act, shall, if thereto required, by any of tor's receipt, ficer, or magistrate, in this colony, at any time after penalties of the expiration of three days, from the time of such importation, produce and show to the said officer, or magistrate, such receipt: And if such importer shall fail to produce such receipt, such failure shall be taken for a conviction, that the duty, for which no receipt shall be produced, hath not been duly answered, and such importer shall be liable to the penalties by this act inflicted, and such horses shall and may be seized and forfeited, for not making an entry.

liable to the

this act.

Travellers, and persons coming to settle here,

X. Provided always, That nothing in this act contained, shall extend, or be construed to extend, to any traveller, who shall bring with him into this colony, exempted such horses as are necessary for his journey, and shall not sell or swap the same in this colony; or to any person or persons, who shall be actually moving their families and effects into this colony, to reside therein.

out of this act.

XI. And whereas the crime, and offence, of stealing horses, is of late years more frequent, especially in the frontier counties of this colony, to the great detriment and loss of many of his majesty's good subjects, occasioned for want of due prosecution, and punishment, of offenders therein, and for want of encouragement to such persons as shall vigorously endeavour the apprehending of such malefactors; for prevention

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