|Pages 112-134||Pages 154-172|
|I. BE it enacted, by the Lieutenant Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the two rooms at the east end of the now public goal be appropriated and kept, for the receiving and safe keeping of debtors committed, or to be committed, by the general court; of which prison the judges of the said court, or the major part of them, are hereby impowered to lay out and appoint rules: And that the west end of the said building be appointed and kept, for the receiving and safe keeping of criminals committed to the public goal.||East end of the public prison to be for debtors, west end for criminals.|
|II. And be it further enacted, by the authority aforesaid, That the governor or commander in chief of this dominion, for the time being, shall be, and is hereby authorised and impowered to nominate and appoint, from time to time, some fit and able person, to be keeper of the said public prisons; but the person so appointed shall, within one month after his appointment, and in some court of record, enter into bond, with sufficient security to the king, his heirs and successors, in the sum of five hundred pounds current money, for the due execution of his office: Which bond shall be returned to the then next succeeding general court: And if the securities shall by the said court, be judged insufficient and other good security be not then tendered and given, another person giving bond and security as aforesaid, shall be appointed in his room: And if any person shall presume to execute the said office, without giving such bond and security, he shall forfeit and pay twenty pounds current money, for every month he shall execute the same; one moiety of which forfeiture shall be to the king, his heirs and successors, for the better support of this government, and the contingent charges thereof; the other moiety to the informer: To be recovered with costs, by action of debt, or information, in any court of record of this dominion. And that the person who shall|| Governor to appoint a keeper, who is to give bond. |
Penalty for acting without giving bond.
|be keeper at the time of passing this act, shall within one month, give the like bond and security; and on failure thereof shall be incapable to hold the said office, and liable to the penalty aforesaid, for presuming to execute the same: To be recovered and divided in manner aforesaid. And that every keeper of the said public prisons, shall constantly attend and execute the commands of the general court, from time to time, and receive and take into his custody all, and every person and persons, by the said court to him committed, on mesne process, or in execution, in any civil cause or action, or for any contempt of the court; and such person and persons shall keep, in his safe custody, until he, she, or they, be thence lawfully discharged; and may demand and receive of such prisoner and prisoners the fees and allowances settled, or to be settled, by law, from time to time; but where any such prisoner shall be so poor, as not to be able to maintain and subsist him or herself in prison, there shall be allowed six pence per day, and paid by the general Assembly, for relief and maintenance of such poor prisoner; and no fee or security whatsoever shall be taken or demanded of him, or her; neither shall be taken or demanded of him, or her; neither shall it be lawful for the said keeper, or any other person, to detain or keep such poor prisoner in custody, for his or her prison fees: And that all criminals and other prisoners, by legal warrant committed to the public goal, shall be received by the said keeper thereof, and in his custody safely kept, until he, she, or they be thence discharged, by due course of law. And that the keeper of the said public prisons, for the time being, shall during his continuance in office, be exempt and free from all musters of the militia, and from serving on any jury; and for his attendance, and keeping the public prisons and prisoners, shall have such allowance as by the general Assembly shall be thought reasonable.|| Present keeper to give security. |
Duty fees, and privileges of the keeper.
|III. And be it further enacted, by the authority aforesaid, That so much of one act made in the tenth year of queen Anne, for building a prison for debtors, to be committed by the general court; and one other act made in the eighth year of king George the first, for making the public prisons in Williamsburg more convenient; and for building a house for the keeper thereof, as is contrary to this ace; and all and every other act and acts, clause and clauses, heretofore made for||Repealing clause.|
|and concerning any matter or thing within the purview of this act, shall be, and are hereby repealed.|
An Act for encouraging adventurers in Iron-Works.
|I. WHEREAS the making of Iron, within this colony, tends to the increase of the navigation and commerce of Great Britain, as well as the benefit of his majesty's subjects here, and therefore, by the laws hitherto in force, suitable encouragements have been given, from time to time, to such persons who, at their considerable expence, have erected furnaces and other works for that purpose; and it being reasonable, that such encouragements should be continued.||Preamble.|
|II. BE it therefore enacted, by the Lieutenant-Governor, Council and Burgesses of this present General Assembly, and it is hereby enacted, by the authority of the same, That upon application made to any county court, by the owner, owners, or chief manager of any iron-works, within their county, such court shall order and appoint good roads to be laid out and made, from such works to the nearest place upon some navigable river, or creek, where the iron, made at such works, may be brought and shipped off, and for the bringing from thence stone, and other materials, for carrying on such works; and also, for the transporting or carrying wood, coal, oar, or stone, from any place or places to such furnaces; and shall also order such causeways and bridges, as shall be necessary for wheel-carriages to pass with the most ease, to and from such iron-works: Which roads, causeways, and bridges, shall be cleared, made, and repaired, from time to time, by the owners of such iron-works, for whose benefit the same shall be appointed.||Convenient roads to and from iron-works, shall be laid out and kept by the owners.|
|III. Provided always, That all roads heretofore, or hereafter ordered, by the general court, or any county court, for public use and conveniency, shall be cleared and maintained by the respective surveyors||Persons employed in iron works exempted from clearing other roads.|
|thereof, as public roads; and that all persons whatsoever, employed in and about any iron works, now erected, or hereafter to be erected, shall be exempted from the duties of clearing, amending, and repairing any highways, or bridges, except such as are or shall be laid out and made, for the use and conveniency of such iron-work, and from clearing rivers and creeks, so long as they shall continue to be so employed, and no longer.|
|IV. And for the better making and repairing the roads, and bridges, to and from any iron-works, It is further enacted, That the overseers or managers of such works, have power and authority, from time to time, to cut down, take, and use, so much wood, and timber, adjoining or contiguous to the roads already laid out, or hereafter to be appointed, for the benefit and conveniency of their respective works, as shall be necessary for the making and repairing convenient bridges on the said roads; but shall not cut down, or take any timber, fit to make clap-boards, without the consent of the proprietor thereof, first had and obtained; and shall make satisfaction to the proprietor of such timber, as shall exceed fifteen inches diameter at the but-end of the tree, and if the value thereof cannot be agreed upon, between the manager of the iron-work, and the proprietor of the timber, or his, or her attorney, or agent, he, or she may apply to a justice of peace of the county where such timber shall be, who is hereby impowered and required, to order and appoint three honest disinterested freeholders thereof, to value the same upon oath, in current money, without fee or reward, and to report such valuation to himself, or some other justice of the same county; and thereupon the owner or manager of such iron-work shall be compellable to pay such valuation, to the proprietor of the timber, his, or her attorney, or agent.||May take timber for bridges.|
|V. And as a further encouragement to adventurers in iron-works, Be it enacted, by the authority aforesaid, That all persons whatsoever, which are, or shall be employed in and about the building, or carrying on any iron work, already erected, or hereafter to be erected, or in cutting of wood, making coal, raising oar, or any other thing necessary for carrying on such work, shall, during the time to their being so employed, be exempted from serving in the militia, at any||Exempted from musters.|
|general or private muster, except in case of any invasion, insurrection, or rebellion.|
|VI. And that all tithable persons, who shall be so employed in or about any iron-work, which shall be at any time hereafter erected, shall for the term of seven years from and after the beginning of such works, and notice thereof given by the respective owners or managers, to the court of the county wherein such furnace, or other works aforesaid, are intended to be erected and carried on, be exempted and discharged from the payment of public levies, but subject to the payment of parish and county levies; which nevertheless, during the said term of seven years after notice given as aforesaid, shall be repaid to such owners respectively, by an allowance and credit to be given them in the public levy, for so much tobacco as such parish and county levies shall amount unto.||And levies for 7 years.|
|Provided nevertheless, That the respective owners or managers of such work or works, shall, upon or within twenty days after the tenth day of June in every year, give a list of all the persons so to be employed about such work or works, to the person appointed to take the list of tithables, in the precinct where they shall respectively live or be employed, or otherwise they shall not be entitled to any exemption or allowance for that year.||But must be listed as tithables.|
|VII. And that if any of the persons, so to be exempted as aforesaid, shall be employed in the planting or making of tobacco, the owner or owners of such work or works, shall for that year, lose the benefit of the exemption and allowance aforesaid for all the persons employed in and about such work or works: And moreover, if the same shall be done with his or their knowledge and consent, shall forfeit five hundred pounds of tobacco, for every person above the age of sixteen years, constantly residing upon the plantation or plantations where such tobacco shall be so planted or made; and if the same shall be done without his or their knowledge or consent, the overseer of such plantation or plantations, shall be liable to the same penalty; to be recovered with costs, by action of debt, in any court of record of this colony, where the same shall be cognizable; one moiety of which forfeitures shall be to the king, his heirs and successors, for the better support of this government, and the contingent charges thereof, the other moiety to the informer.||Penalty on planting tobacco.|
|VIII. Provided also, That nothing in this act contained, shall be construed to extend to such person or persons, who shall sell wood to the owner, or owners, or managers of any iron-work, and shall employ his, her, or their own servants, or slaves to cut the same.||Proviso.|
|IX. And be it further enacted, by the authority aforesaid, That all and every 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.||Repealing clause.|
|X. And be it further enacted, That this act shall commence and be in force, 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.||Commencement of this act.|
An Act for regulating the practice of Attornies.
|I. FOR the better regulating attornies practising in the several courts of this colony, Be it enacted, by the Lieutenant Governor, Council and Burgesses of this present General Assembly, and it is hereby enacted, by the authority of the same, That the judges of the general court for the time being, shall, and they are hereby impowered and required, to nominate and appoint, from time to time, such, and so many of the council learned in the law, and attornies practising in the said court, as they shall think fit, to examine into the capacity, ability, and fitness, of such persons as shall, from time to time, apply for a licence, to practise as attornies in the county courts, or other inferior courts of this colony; and shall cause such nomination and appointment to be entered in the records of their court; which persons, so nominated and appointed, shall, at the time of their nomination make oath, before the general court, that they will well and truly examine into the capacity, ability, and fitness of all such persons as shall make application to them for a licence, to practice as attornies, and that they will not grant a licence to any|| Preamble. |
Examiners to be appointed by the general court.
And there sworn.
|person who shall not upon examination, to the best of their knowledge, be found sufficiently qualified, to practise as an attorney, as aforesaid.|
|II. And be it further enacted, by the authority aforesaid, That every person desiring a licence to practise as an attorney, as aforesaid, shall, before he be examined, produce to the examiners a certificate, from some county court, or other inferior court, wherein he intends to practise, of his probity, honesty, and good demeanor; and shall also pay down, to such examiners, the sum of twenty shillings; after which it shall, and may be lawful for such examiners, and they are hereby impowered and required, to proceed to make such examination, and to grant such licence as aforesaid, under their hands and seals, or to refuse such licence to the person so examined, according as he shall appear fit and qualified, or not, upon such examination. And if the persons appointed by the general court, as aforesaid, shall refuse to be sworn, as aforesaid, or being sworn, shall grant any licence for the office of an attorney to any person applying to them, without producing such certificate as herein before directed, or shall accept of, or receive any greater fee or reward for the same, than before mentioned, they shall, respectively, for every such offence, forfeit and pay one hundred pounds; one moiety thereof to our sovereign lord the king, his 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 or information, in any court of record within this colony. And every person obtaining a licence as aforesaid, before he shall be admitted to practise as an attorney, in any county court, or other inferior court, shall, before every such court, take the oaths of allegiance and supremacy, and take and subscribe the oath of abjuration, and subscribe the test, and shall also take the oath of an attorney, as follows, to wit.|| Method of obtaining a licence to practise as an attorney.
Penalty on examiners.
Attornies to be sworn.
|I. A. B. do swear, that I will truly and honestly demean myself, in the practice of an attorney, according to the best of my knowledge and ability. −− So help me God.|
|And if any person whatsoever shall presume to practise as an attorney, in any such county court, or other|
|inferior court without a licence first obtained, or without qualifying himself in such court, in the manner in this act before-mentioned, he shall, for every such offence, forfeit and pay the sum of five pounds, for every cause he shall prosecute or defend, in any of the said courts; one moiety to his majesty, his heirs and successors, for defraying the contingent charges of this government; and the other moiety to the informer; to be recovered by action of debt or information in any county or other inferior court, in this colony.||Penalty for practising without a iicence or without qualifying.|
|III. Provided always, That no person that hath been, or hereafter shall be convicted of any felonious crime, or crimes, shall be capable to obtain such licence: And where any person, convicted of any felonious crime, shall obtain a licence, the judges of the general court, upon proof thereof made to them, shall, by their order, supersede his licence.||Convicts declared incapable of obtaining a licence.|
|IV. And be it further enacted by the authority aforesaid, That if any attorney shall misdemean himself, and act contrary to his duty, in his practice, the judges of the general court, upon complaint and proof thereof made before them, may, by their order, supersede such attorney's licence, suspend him for a time, or disable him for ever, from practising as an attorney, as they shall think just, without the solemnity of a jury.||Gen. court may suspend or disable attornies misdemeaning themselves.|
|V. Provided always, and it is hereby enacted and declared, That this act, or any thing therein contained, so far only as relates to obtaining licence, shall not be construed to extend to any barrister at law, or any attorney, now practising in the general court, or any attorney, who hath heretofore been examined, and obtained a licence, pursuant to the laws then in force, to pratise the law.||This act not to extend to barristers or attornies heretofore licensed.|
|VI. Provided also, That nothing in this act contained shall be construed to hinder the justices of any county court, or other inferior court, from causing any attorney practising in such courts, to find security for their good behaviour, or fining such attornies, for misdemeanors, or contempts against them, in the same manner as if this act had never been made.||County courts may fine attornies for contempt, or bind them to their good behaviour.|
|VII. And be further enacted, That if any attorney in any county court, or other inferior court, shall, wittingly, or willingly, be guilty of any neglect in any cause, the court before whom such cause shall be depending, upon complaint, and proof thereof made,||And may order them to pay costs occasioned by their neglect.|
|within six months after such neglect, shall have power and authority to order such attorney to pay all costs occasioned by such neglect.|
|VIII. And to prevent frivolous suits in the general courts, and trifling and vexatious appeals from the county courts, and other inferior courts, Be it further enacted, by the authority aforesaid, That no attorney practising in the general court of this colony, during the time of his practising therein, shall be admitted or suffered to prosecute or defend any cause or other matter, in any county court, or other inferior court depending: And if any such attorney shall presume to act contrary hereto, he shall, for every cause he shall so prosecute, or defend, forfeit and pay the sum of twenty pounds; one moiety to the party against whom he shall prosecute or defend such cause; the other moiety to the informer: to be recovered with costs, by action of debt, bill, plaint, or information, in any court of record in this dominion.|| |
Gen. court attornies not to practise in county courts, under a penalty.
|IX. Provided nevertheless, That such attorney shall be at liberty to finish such causes in which he was before employed, in any such courts, without incurring the penalties inflicted by this act.||But may finish the cases in which they are employed.|
|X. Provided also, That nothing herein contained shall be construed to extend to any barrister at law, or to prevent any attorney of the general court from practising in the county courts of James-City, York, Warwick, Elizabeth-City, and Gloucester, or in the court of Hustings in the city of Williamsburg.||Some inferior courts excepted out of this act.|
|XI. And be it further enacted, by the authority aforesaid, That the judges of the general court shall not permit, or suffer, more than two lawyers to argue on one side, in any cause hereafter to be commenced, except in cases of life and death.||No more than two lawyers to argue on a side, in the general court.|
|XII. And be it further enacted, That all and every other act and acts, clause and clauses, for or concerning any matter or thing within the purview of this act, shall be, and are hereby repealed: And that this act shall commence from, and immediately after, the tenth day of October next; and shall continue, and be in force, for and during the term of four years, from thence next following, and from thence to the end of the next session of Assembly.|| Former acts repealed. |
When this act shall commence and how long continue.
| CHAP. XLVIII. |
An Act for encouraging the making Tar, and Hemp.
|I. WHEREAS the making good and merchantable tar, and hemp, fit for exportation, will be not only beneficial to the inhabitants of this colony, but also, by the supply of such naval stores, advantageous to the navigation and commerce of Great Britain: to the end therefore, that the makers thereof may have suitable encouragement,||Preamble.|
|II. BE it enacted, by the Lieutenant Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That there shall be paid to the person and persons who shall make, or cause to be made, good and merchantable tar, made from green trees, prepared after the following manner; that is to say, That when the trees were fit to bark, the barks thereof was stripped eight feet or thereabouts, up from the root of each tree, a slip of the bark about four inches broad being left on one side of each tree; and that each tree, after being so barked, had stood one year at least, and was not before that time cut down, for the making of tar; and to such person and persons who shall make, or cause to be made, within this colony, hemp, winter or water-rotted, dry, bright, and clean, the several rewards following, to with, For every barrel of tar, made as before directed, two shillings; and for every gross hundred of hemp, made as aforesaid, four shillings.||Premium of 2 shillings for every barrel of tar, and of 4 shillings for every 100 lb. weight of hemp, made according to directions of this act, to be allowed the maker.|
|III. And be it further enacted, by the authority aforesaid, That before any person shall be entitled to the said reward for tar, the maker thereof shall deliver a note in writing, specifying the mark and number of each barrel to a justice of peace, of the county where the same was made, and shall, before him, make oath, that the same is good, and merchantable, and according to the directions of this act; and that each barrel doth contain thirty-two gallons of nett tar, and that it was made on his land, in the said county, or at what place, therein particularly describing the same; and that he, nor any other person for him, hath obtained a certificate, or received a reward or premium for the same;||Method of obtaining the premium for tar.|
|which oath such justice is hereby authorised and required to administer, and to grant a certificate of the same being before him made; and the person intending to export such tar, shall produce such certificate to the naval officer, or collector of the district wherein the same shall be brought for exportation; and also, before him make oath, that the tar he intends to export is the same as is mentioned in such certificate: Which the said naval officer, or collector, is hereby required to certify to the governor, or commander in chief of this dominion, for the time being, who is hereby impowered and desired thereupon to issue his warrant, to the treasurer of this colony, for payment of such sum and sums as shall appear due by virtue of this act. And for obtaining the aforesaid premium or reward, upon hemp,|
|IV. Be it further enacted, by the authority aforesaid, That any justice of peace, or constable, of any county wherein hemp shall be made, may and shall, upon application of the maker or owner thereof, truly weigh all such hemp as to him or them shall be offered, and desired to be weighed, and shall give a certificate to the county court of the true quantity so weighed, and the name of the maker or owner thereof; for which such justice or constable shall have and receive, of such maker or owner, five shillings per ton, and so proportionably for a greater or less quantity; which certificate being produced to such county court, and oath made before them, by the maker or owner, that the hemp therein mentioned was duly weighted; and that, at the time the same was so weighed, it was winter or water-rotted, dry, bright, and clean, and made upon his or her plantation, in such county, or on what plantation the same was made, that he, nor any other person for him, hath obtained a certificate, or received a reward or premium for the same; the clerk of such court shall certify the same to the governor, or commander in chief of this dominion, for the time being; who, upon the party's producing such certificate, is hereby impowered and desired to issue his warrant, to the treasurer of this colony, for the payment of such sum or sums as shall appear to be due, by virtue of this act: And if any person whatsoever shall take a false oath, in obtaining any certificate, whereby to entitle him or herself to any premium or reward given by this act, he or she so offending,|| And for hemp. |
Penalty on persons taking a false oath to
|and being thereof convicted, shall forfeit and pay four times the money obtained, by means of such false oath, to the informer: to be recovered with costs, by action of debt or information, in any court of record where the same shall be cognizable; and moreover, shall suffer as for wilful and corrupt perjury.||entitle them to the rewards.|
|V. And be it further enacted, by the authority aforesaid, That the treasurer, of this colony, for the time being, shall be, and is hereby authorised and required, out of any public monies in his hands, to pay unto the party or parties entitled thereto, such sum and sums of money as shall be to them ordered, by warrant from the said governor or commander in chief, to him directed, by the bounties aforesaid, from time to time, in pursuance of this act; to be allowed to the said treasurer upon passing of his accounts, in the General Assembly.||Premium to be paid by the trearurer, and allowed in his accounts.|
|VI. Provided always, That the rewards for tar shall not exceed twelve hundred pounds, and the rewards for hemp not to exceed four thousand pounds.||Sum appropriated for the rewards.|
|VII. And be it further enacted, by the authority aforesaid, That all and every 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.||Repealing clause.|
An Act for Inspecting Pork, Beef, Flour, Tar, Pitch, and Turpentine.
|I. WHEREAS an act of assembly made in the nineteenth year of the reign of his present majesty, intituled, An act for continuing and amending an act, intituled, An act for inspecting, weighing, and stamping all pork, and beef, packed in this colony, or imported for sale, before the same shall be sold here, or shipped for exportation; and to amend the act, intituled, An act for the ascertaing the guage of barrels, for pork, beef, tar, and pitch; and for inspecting, weighing, and stamping all flour exported, will expire at||Preamble.|
|the end of this session of Assembly: And the same being, by experience, found useful and beneficial to the trade and export of this colony, and necessary to be further continued:|
|II. Be it therefore enacted, by the Lieutenant Governor, Council, and Burgesses of this present General Assembly, and it is hereby enacted, by the authority of the same, That no pork, beef, or flour, shall be exported out of this colony; or tar, pitch, or turpentine, exposed to sale, or exported, until the same shall be packed, or filled in barrels, under the regulation herein after expressed: And the justices of every county court, within this dominion, are hereby authorised and required, in the month of August or September, annually, to nominate and appoint, in open court, one or more (not exceeding six in one county) fit and able persons, residing in the same county, to inspect the package, and weigh all pork, beef, and flour; and also to inspect the filling of all tar, pitch, or turpentine, packed or filled for sale or exportation, within their respective counties: And the said courts may appoint the same person or persons, to be inspectors of pork, beef, flour, tar, pitch, and turpentine, if such person appears to them duly qualified, or may appoint several inspectors, as in their discretion shall seem best: And every person so appointed, shall, before he enters upon the execution of that office, make oath before the justices of his county court, carefully to view, inspect, and examine, when required, all pork, beef, flour, tar, pitch, and turpentine, packed, or filled, for sale or exportation, and to the best of his skill and judgment, not to pass or stamp any barrel of pork, or beef, or any flour, pitch, tar, or turpentine, that is not good, clean, sound, merchantable, and of the weight and guage by this act directed, and faithfully to discharge the duty of his office, without favor, affection, partiality, or other by-respect; and shall constantly attend, upon notice, at such time and place as the owner of any of the said commodities shall appoint, to inspect the same within his county; but shall not inspect or stamp any tar, pitch, or turpentine, or any pork or beef imported from Carolina, until the same shall be brought to some public landing; and shall provide a stamp, or stamps, with the first letter of his county, the letter V for Virginia, the first letter of his own christian name, and his whole sur-name at|| Inspectors, by whom and when to be appointed. |
Where to be sworn.
|length, to be stamped on each barrel or cask by him passed; and on every cask or barrel of flour, the gross, tare, and nett weight thereof, and a distinction of the fineness by the words First or Second, stamped on the head; and on every barrel of pork the letter L for large, and the letter S for small pork; and on the head of every barrel of tar, pitch, and turpentine, shall distinguish whether the same be tar, pitch, or turpentine: for which he may demand, and take, for every barrel of pork or beef, by him stamped, six pence; for every barrel of tar, pitch, or turpentine, two pence; for every barrel of flour, containing two hundred and twenty pounds nett, or less, three pence; and for every cask of greater weight, six pence, and no more; to be paid down by the owner. And if any officer so appointed and sworn, shall neglect his duty, or stamp any of the commodities aforesaid, contrary to this act, he shall forfeit and pay twenty shillings, for every barrel of pork or beef; ten shillings for every barrel or cask of flour; and five shillings for every barrel of tar, pitch, or turpentine, which shall be found not duly qualified, or of less weight or contents than this act requires; and also five shillings for every neglect of his duty, recoverable by the informer, with costs, before a justice of peace of the county where such offence shall be committed.|| And fees. |
Penalty for neglect.
And where recoverable.
|III. And be it further enacted, by the authority aforesaid, That every barrel of pork or beef, packed within this colony for sale or exportation, or imported here, shall contain at least two hundred and twenty pounds nett of good, clean, fat, sound, merchantable meat, well salted between each layer, well pickled, nailed, and pegged, and no more than two heads of pork in one barrel; and after the same has been inspected, weighed, found merchantable, and apssed by the inspector or inspectors, residing in the county where the same shall be packed or imported, every such barrel shall be by him, or them, stamped or branded, as aforesaid, and certificate thereof given to the owner; and every barrel of tar, pitch, and turpentine, shall contain thirty one gallons and a half, wine measure, at the least; and after the same shall be inspected, guaged, found clean, well, and truly made, merchantable, and passed by the inspector or inspectors of the county where the same shall be inspected, shall be by him or them stamped or branded, and certificate|| Contents of the barrel for pork and beef. |
And of tar, pitch, and turpentine.
|thereof given to the owner as aforesaid: And that every person making, or causing to be made, wheat flour intended for exportation, shall make oath before a justice of the peace, that the flour by him intended to be exported, or sold for exportation, is clean and pure, not mixed with meal of Indian corn, pease, or any other grain or pulse, to the best of his knowledge: which oath every justice of peace is hereby impowered, upon request of the owner of such flour, to administer, and shall grant a certificate of such oath before him made; and such certificate being produced to the inspector, he shall diligently view and examine the flour therein mentioned, and if by him found clean, pure, unmixed, and merchantable, shall see the same packed in casks or barrels, well secured for exportation, and shall stamp or brand the same, in the manner herein before directed.||Wheat flour how to be inspected.|
|IV. And be it further enacted, by the authority aforesaid, That all pork and beef exposed to sale or barter within this colony, in barrels, whether the same be packed here or imported from Carolina, or any other place, shall contain at least two hundred and twenty pounds of nett meat, allowing only two and a half per centum for shrinkage, or loss of weight; and every barrel of tar, pitch, or turpentine, exposed to sale or barter, whether made here or imported from any other place, shall contain at least thirty one gallons and a half, wine measure, and be stamped or branded, as this act directs. And if any person shall presume to sell, or expose to sale or barter, any barrel of pork, beef, tar, pitch or turpentine, of less weight or guage, he or she shall forfeit and pay to the informer twenty four shillings current money, for every such barrel of pork or beef; and five shillings for every such barrel of tar, pitch, or turpentine, sold or exposed to sale or barter, in this dominion: recoverable with costs, by the informer, before any justice of the county, where such offence shall be committed, although the penalty shall exceed twenty five shillings current money. And every justice of the peace, upon such complaint before him made, and due proof of such offence, shall and may, by virtue of this act, give judgment for the whole penalty, and award execution thereupon: Any law to the contrary notwithstanding.||Pork, beef, pitch, tar, and turpentine, not to be exposed to sale, in less barrels, under a penalty, and how to be recovered.|
|V. Provided nevertheless, That from such judgment for more than twenty five shillings current money,|
|the party grieved may appeal to the next court, to be held for the county wherein such complaint was made, the appellant entering into bond, with sufficient security, before the justice by whom the judgment shall be given, that he will prosecute his appeal with effect, and pay the same judgment, and all costs awarded by the court, if the judgment shall be affirmed: And the justice of peace taking such bond, shall return the same, together with the whole record of his proceedings in the cause, to the same court to which such appeal shall be; which court shall and may receive, hear, and finally determine the same.||Defendant may appeal to the county court in some cases, giving security.|
|VI. And be it further enacted, by the authority aforesaid, That every seller or exporter of pork, beef, flour, tar, pitch, or turpentine, packed or filled in this colony, and stamped or branded, shall make oath before a justice of peace, within three days before delivery of the goods sold or exported, that the several barrels by him intended to be sold, or exported, are the same that were inspected and passed, and do contain the full quantity without embezzlement to his knowledge. And that every master of a vessel, wherein pork, beef, flour, tar, pitch, or turpentine, shall be exported, shall make oath, that he will not knowingly, take, or suffer to be taken, on board his ship or vessel, any pork, beef, tar, pitch, turpentine, or flour, contrary to law: which oath the respective naval officers of this colony are hereby required to administer: And if any of the said commodities, packed or filled in barrels or cask, for exportation, and not stamped, or branded, as aforesaid, or any parcels of pork or beef unpacked, or any flour, in barrels or cask, not so stamped, except for necessary provisions, only, shall be put on board any ship or vessel, to be exported as merchandize, every such cask, barrel, or parcel, may be seized, by any sworn officer, and brought on shore, and the same, or the value thereof, shall be forfeited to the informer: recoverable before a justice of peace: And the officer seizing the same, may demand and take the like fees, as for serving an execution, to be paid by the party from whom such seizure shall be; and if such officer shall be sued for any thing by him done, in pursuance of this act, he may plead the general issue, and give this act, he may plead the general issue, and give this act in evidence; and upon non-suit, or a verdict for the defendant, he shall have double costs; and the master of such ship or vessel, shall forfeit and pay|| Sellers or exporters to make oath. |
Masters of vessels exporting pork &c. to be sworn.
Pork, &c. shipped without stamping, liable to be seized and forfeited.
Officer sued may plead the general issue, and shall recover double costs.
|twenty shillings for every barrel or cask of pork, beef, or flour, and five shillings for every barrel of tar, pitch, or turpentine, so taken on board: recoverable 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.||Penalty on masters, and how recoverable.|
|VII. And be it further enacted, by the authority aforesaid, That every cooper, and the master or owner of every servant or slave, who shall set up barrels for 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 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.||Make and size of the barrels ascertained.|
|VIII. And be it further enacted, by the authority aforesaid, That all penalties and forfeitures imposed by the said first recited act, and all breaches and offences against the same, shall and may be sued for, and prosecuted, and judgments given in such suits and prosecutions, 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 this act shall continue and be in force from and after 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, and pitch, as relates to any matter or thing within the purview of this act, shall be, and is hereby repealed.|| Forfeitures by the first act may be still sued for, and
Continuance of this act.
| CHAP. L. |
An Act for giving a reward for killing Wolves.
|I. FOR encouraging all persons to kill and destroy wolves, Be it enacted, by the Lieutenant Governor, Council, and Burgesses of this present General Assembly, and it is hereby enacted, by the authority of the same, That every person who shall kill or destroy any wolf within this colony, shall have a reward of fifty pounds of nett tobacco, for every young wolf not exceeding the age of six months, to be adjudged by the justice before whom the head shall be brought, 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.|| 50 lbs. nett tobacco allowed for killing a young wolf, and 100
lbs. for other: |
To be paid by the county, and repaid by the public.
|II. And for preventing frauds, Be it further enacted, by the authority aforesaid, That every person claiming such reward, shall produce the whole head of 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:||Wolf-killer shall produce the head, and be sworn or affirmed.|
|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 of fourteen years, or a tributary Indian, mulattoe, or negroe, then, instead of such oath or affirmation, such justice shall and may admit such other evidence, testimony, or circumstance, as in his discretion shall seem convincing: And every justice of peace before||Other evidence to be admitted, if the killer is under 14 years of age, or an Indian,|
|whom such head or heads shall be brought, is hereby impowered and required to administer such oath or affirmation, or take such other proof and testimony, as the case shall be, and thereupon to grant the wolf 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 the 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 shall take a false oath or affirmation before any justice in order to obtain such certificate, he or she being thereof convicted, shall suffer as for wilful and 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.|| negroe, or mulattoe. |
Justice to grant a certificate.
Penalty for taking a false oath, or affirmation.
|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.||Proviso.|
|IV. And be it further enacted by the authority aforesaid, That the clerks of the several county courts shall return to every session of Assembly, a true list 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.||Clerks to return a list to the Assembly.|
|V. And be it further enacted, That all and every 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.||Former acts repealed.|
|Pages 112-134||Pages 154-172|