Page images

twenty shillings for every barrel or cask of pork, Penalty on beef, or flour, and five shillings for every barrel of . and - - - ow recovtar, pitch, or turpentine, so taken on board: recover- ...i. able by the informer, before a justice of the peace of any county within this colony, if the sum of such forfeiture shall not exceed five pounds; for which such justice is hereby authorised to grant judgment and execution thereupon; but where such forfeiture shall amount to more than that sum, then to be recovered, by action of debt or information, in any court of record of this dominion, having cognizance of such sum. VII. And be it further enacted, by the authority afore- Make and said, That every cooper, and the master or owner of size of the every servant or slave, who shall set up barrels for barrelsopork, beef, tar, pitch, or turpentine, shall make the * same with good, strong, well seasoned timber, tight and well hooped, with twelve hoops at least; every barrel for pork or beef, to contain from twenty-nine to thirty-one gallons each; and every barrel for tar, pitch, or turpentine, thirty one gallons and a half at the least, with his name, or the name of the master of such servant or slave at length, stamped or branded upon every barrel, under the penalty of two shillings and six pence for every barrel set up for sale or exportation, and not so stamped or branded, or of less contents than aforesaid: recoverable by the informer before a justice of peace. VIII. And be it further enacted, by the authority afore- Forfeitures said, That all penalties and forfeitures imposed by by the first the said first recited act, and all breaches and offences ...ho...". - - ci for, against the same, shall and may be sued for, and pro- and recover. secuted, and judgments given in such suits and pro- ed. secutions, notwithstanding the said act shall be expired at the time of the prosecutions begun, or judgments given, in the same manner as such suits might have been commenced and prosecuted, and judgments given in case the said act was not expired: Any law, or usage, to the contrary notwithstanding. And that continuance this act shall continue and be in force from and after of this act. the passing thereof for and during the term of seven years; and from thence to the end of the next session of Assembly. And that so much of an act made in the fourth year of queen Anne, intituled, An act for ascertaining the guage of barrels for pork, beef, tar, Repealing and pitch, as relates to any matter or thing within claise. the purview of this act, shall be, and is hereby repealed.


Jh let for giving a reward jor killing

50lbs. nett I. FOR encouraging all persons to kill and destroy tobacco al- wolves, Be it enacted by the Lieutenant Governor, .* Council, and Burgesses of this present General as:...; Wolf, sembly, and it we hereby enacted, by the authority of the and foo lbs. same, That every person who shall kill or destroy for others; , any wolf within this colony, shall have a reward of o * . fifty pounds of nett tobacco, for every young wolf not . .d." exceeding the age of six months, to be adjudged by paid by the the justice before whom the head shall be brought, public, and for every wolf above that age, one hundred pounds of nett tobacco; to be levied and paid in the county where the same shall be killed, and repaid to such county in the next public levy; and the several county courts of this colony are hereby impowered and required to levy and pay the same, in their annual county levy, to the party and parties entitled thereto, upon certificates obtained in the manner by this act required. woitioner II. And for preventing frauds, Be it further enactjuce ed, by the authority aforesaid, That every person claimthe head, ing such reward, shall produce the whole head of and o sworn every wolf to a justice of peace of the county wherein " * the same was killed or destroyed, and shall then also, before the same justice, make oath, or being a quaker, solemnly affirm and declare, to the effect following, that is to say: I A. B. do swear, that this head by me now produced is the head of a wolf, (or that these heads by me now produced are the heads of wolves) first taken and killed within the county of C. in Virginia; and that I have not, wittingly or willingly spared the life of any bitch wolf in my power to kill. So help me God. other evi. And if such wolf killer be a christian under the age dence to be of fourteen years, or a tributary Indian, mulattoe, or admitted, if negroe, then, instead of such oath or affirmation, such *** * justice shall and may admit such other evidence, tesunder 14 timony, or circumstance, as in his discretion shall

years of age - - - a * an indon, seem convincing: And every justice of peace before whom such head or heads shall be brought, is hereby negroe, or impowered and required to administer such oath or . affirmation, or take such other proof and testimony, grant a certias the case shall be, and thereupon to grant the wolf ficate killer a certificate, reciting his or her name, the number of heads produced, either of old wolves, or of such as, in his judgment, appear not to exceed the age of six months, the time and place when and where the same was or were killed, and that oath or affirmation, or other sufficient proof thereof, hath been before him made; which being produced to the court laying the county levy, shall entitle the party and parties therein named to the reward aforesaid; but no claim or demand for the same shall be received or allowed without such certificate: And if any person whatsoever penalty a - - y 1or shall take a false oath or affirmation before any jus- taking a false tice in order to obtain such certificate, he or she be- oath, or affir. ing thereof convicted, shall suffer as for wilful and mation. corrupt perjury in a court of record, and moreover shall forfeit and pay one thousand pounds of tobacco for every such offence; one moiety to the king, his heirs and successors, for the better support of this government, and the contingent charges thereof, and the other moiety to the informer, to be recovered with costs, by action of debt or information, in any county Court. III. Provided always, That every justice of peace shall cause the ears of all wolves heads brought before him to be cut off in his presence, and shall not grant certificate for any scalp: And if any justice shall suspect the truth of any oath or affirmation before him made, he may delay granting certificate ’til his next county court, by whom the causes of his suspicion shall be heard and adjudged, in presence of the suspected person, if he shall think fit to appear and make his defence; and according to the judgment of the court such justice shall grant or refuse his certificate. IV. And be it further enacted by the authority ofore-clerks to re. said, That the clerks of the several county courts turn a list te shall return to every session of Assembly, a true list o A* of the names of every person to whom any reward for wolves heads has been allowed in their county levy, and the names of the justices granting certificates for the same, to the end such county may be repaid in the next public levy. U—Wol. 6.


Former acts W. And be it further enacted, That all and every

repealed other act and acts, clause and clauses, heretofore made for or concerning any matter or thing within the purview of this act, shall be, and are hereby repeaked. o = ~ CHAP. LI.

Jin slet for amending the staple of Tobacco, and preventing frauds in his majesty's Custom8.

Preamble. " I. WHEREAS the laws heretofore made, have been found ineffectual to prevent the exportation of bad and trash tobacco, and the many frauds in deceiving his majesty of his customs, which of late years have greatly increased; to the great decay of the trade of this colony: All tobacco II. BE it therefore enacted by the Lieutenant Govern.." l, or, souncil, and Burgesses, of this present Generalo ‘.... sembly, and it is hereby enacted, by the authority of the inspected) same, 'That for the more effectual preventing the exshall be portation of trash, bad, unsound, and unmerchantable *...*.*... tobacco, all tobacco which, from and after the passing some public . . . . v.h. of this act, shall be exported out of this colony, (exand there cept only such tobacco as hath been, or shall be viewyiewed and ed and inspected, according to the directions of the *P* laws now in force,) shall be first brought to some or one of the public warehouses herein after mentioned, and shall be there viewed and inspected, in manner as herein after is expressed. Notobacco III. And be it further enacted, by the authority aforeo o" said, That no person shall put on board, or receive ship or %. into any'ship, sloop, boat, or other vessel, in order to selfor expor. be exported therein, any tobacco not packed in hogslation before heads or casks, upon any pretence whatsoever, nor in *...*... any hogshead or cask, to be in that, or any ship, sloop, spected; and 9. • - o shall be a boat, or other vessel, exported out of this colony, beken only fore the same shall have been viewed and inspected, . according to the directions of this act, (except as be“” fore excepted.) but that all tobacco whatsoever, to be received or taken on board any ship, sloop, or other Masters of vessel, and to be therein exported, or to be carried or .. ...” put on board any other ship, sloop, or other vessel, for. o: exportation, as aforesaid, shall be received or taken mit tobacco on board at the several warehouses for that purpose to be taken herein after mentioned, or some or one of them, and ***** • 9 cept stampat no other place, or places whatsoever. And every ... by sqme master, mate, or boatswain, which shall arrive in this inspector. colony, in order to lade tobacco during the continuance of this act, shall, before the said ship or vessel be permitted to take on board any tobacco whatsoever, make oath before the naval officer of the district, wherein such ship or vessel shall arrive, (which oath the said naval officer is hereby impowered and required to administer.) that they will not permit any tobacco whatsoever to be taken on board their respective ships or vessels, except the same be packed in hogsheads or casks, stamped by some inspector legally thereunto appointed: which oath they shall sub- Master caus. scribe in a book; to be kept by the naval officer for ing a person that purpose. And if any masser shall cause any per- "..."; - - .* mate or boatson who is not really and bona side mate or boatswain, ... to come on shore and take such oath, he shall, for the such oath, to said offence, forfeit and pay twenty pounds: And is of io9. any master or commander of any ship or vessel, shall o: o, take on board, or suffer to be taken on board the ship tobacco, o or vessel whereof he is master, any tobacco brought cept from a from any other place than some or one of the public wool. warehouses herein after mentioned, or any hogshead to: or cask of tobacco, not stamped by some lawful in- or casks spectors, or shall suffer to be brought on board any liable to tobacco, except in hogsheads or casks, stamped as ..."; - penalty for aforesaid, every such master and commander shall for-5. h. feit and pay twenty pounds of lawful money for every head or cask, hogshead or cask of tobacco, which shall not have and tobao been brought from one of the said public warehouses, o be forfeitor which shall not be stamped as aforesaid; and moreover every such hogshead or cask of tobacco shall be forfeited. IV. And forasmuch as the permitting tobacco in To prevent bulk or parcels to be water born, on pretence of being too.” carried to the warehouses established by this act, may "..." give great opportunity to the clandestine running the board. same on board the ships lying at or near the said warehouses, whereby the evil of exporting trash to

bacco may be still continued:

« PreviousContinue »