Page images
PDF
EPUB

twenty shillings for every barrel or cask of pork, Penalty on beef, or flour, and five shillings for every barrel of masters, and tar, pitch, or turpentine, so taken on board: recover- erable. 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 barrels as

certained pork, 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 act may be

still sued for, against the same, shall and may be sued for, and pro- and recoversecuted, 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 clause. the purview of this act, shall be, and is hereby repealed.

CHAP. L.

An Act for giving a reward for killing

Wolves.

.

50 lbs. nett I. FOR encouraging all persons to kill and destroy tobacco al- wolves, Be it enacted by the Lieutenant Governor, lowed for

Council, and Burgesses of this present General Askilling a young wolf

, sembly, and it is hereby enacted, by the authority of the and 100 lbs. same, That every person who shall kill or destroy for others, any wolf within this colony, shall have a reward of To be paid fifty pounds of nett tobacco, for every young wolf not by the county, and re

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.

II. And for preventing frauds, Be it further enactWolf-killer shall produce ed, by the authority aforesaid, That every person claim. the head, ing such reward, shall produce the whole head of and be sworn every wolf to a justice of peace of the county wherein or affirmed. 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.

And if such wolf killer be a christian under the age Other evidence to be of fourteen years, or a tributary Indian, mulattoe, or admitted, if negroe, then, instead of such oath or affirmation, such the killer is justice shall and may admit such other evidence, tesyears of age, timony, or circumstance, as in his discretion shall or an Indian, seem convincing: And every justice of peace before

[ocr errors]

whom such head or heads shall be brought, is hereby negroe, or

mulattoe. impowered and required to administer such oath or

Justice to afti rmation, or take such other proof and testimony, grant a certi: as the case shall be, and thereupon to grant the wolf fcate. 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 with. out sach certificate: And if any person whatsoever Penalty for 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 affiring 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

Proviso. 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 bis 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 shalt grant or refuse his certificate.

IV. And be it further enacted by the authority afore- Clerks to re said, That the clerks of the several county courts turn a list to shall return to every session of Assembly, a true list the Assem

bly. 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-Yol. 6.

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

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 repealed.

CHAP. LI.

An Act for amending the staple of Tobacco,

and preventing frauds in his majesty's customs.

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 Governexported

or, l'ouncil, and Burgesses, of this present General As(except such as hath been 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 brough: to tobacco, all tobacco which, from and after the passing some public warehouse,

of this act, shall be exported out of this colony, (exand there cept only such tobacco as bath been, or shall be viewviewed and ed and inserted, according to the directions of the inspected.

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. No tobacco III. And be it further enacted, by the authority aforeto be put on said, That no person shall put on board, or receive ship or ves into any'ship, sloop, boat, or other vessel, in order to sel for expor.be exported therein, any tobacco not packed in hogstation before beads or casks, upon any pretence whatsoever, nor in it shall be in. spected; and

any hogshead or cask, to be in that, or any ship, sloop; shall be ta- boat, or other vessel, exported out of this colony, beken only fore the same shall have been viewed and inspected, from the

according to the directions of this act, (except as bewarehouses.

fore excepted:) but that all tobacco whatsoever, to be

deceived or taken on board any ship, sloop, or other Masters of vessel, and to be therein exported, or to be carried or ships, &c. to put on board any other ship, sloop, or other vessel, for not to perexportation, 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

on board ex

cept stampat no other place or places whatsoever. And every ed by some 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 causscribe in a book; to be kept by the naval officer for ing a person that purpose. And if any master shall cause any per

not being

mate or boat. son who is not really and bona fide mate or boatswain, swain to take to come on shore and take such oath, he shall, for the such oath, to said offence, forfeit and pay twenty pounds: And if forfeit 201. any master or commander of any ship or vessel,

Or taking sha!)

on board any take on board, or suffer to be taken on board the ship tobacco, exor vessel whereof he is master, any tobacco brought cept from from any other place than some or one of the public warehouse,

and in stampwarehouses herein after mentioned, or any houshead

ed hogsheads 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 the same aforesaid, every such master and commander shall

for- penalty for feit and pay twenty pounds of lawful money for every head or cask, hogshead or cask of tobacco, which shall not have and tobacco been brought from one of the said public warehouses, to be forfeit

. or 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 frauds in carried to the warehouses established by this act, may bacro on 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 tobacco may be still continued:

« PreviousContinue »