And fees.

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, or 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 duAnd where ly qualified, or of less weight or contents than this recoverable. 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 of fence shall be committed.

Penalty for neglect.

Contents of the barrel

beef.

III. And be it further enacted, by the authority aforesaid, That every barrel of pork or beef, packed withfor pork or in 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 passed 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 bim or them stamped or branded, and cer,

And of tar, pitch, and

turpentine.

how to be
inspected.

tificate thereof given to the owner as aforesaid: And Wheat flour
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 in-
tended 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 know-
ledge: which oath every justice of peace is hereby im-
powered, 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 exporta-
tion, and shall stamp or brand the same, in the man-
ner herein before directed.

IV. And be it further enacted, by the authority afore- Pork, beef,
said, That all pork and beef exposed to sale or barter pitch, tar,
within this colony, in barrels, whether the same be and turpen-
packed hers or imported from Carolina, or any other tine, not to
place, shall contain at least two hundred and twenty to sale, in
be exposed
pounds of nett meat, allowing only two and a half per less barrels,
centum for shrinkage, or loss of weight; and every under a pen-
barrel of tar, pitch, or turpentine, exposed to sale or how to be
alty, and
barter, whether made here or imported from any other recovered.
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.

V. Provided nevertheless, That from such judgment for more than twenty five shillings current money,

H

to the coun some cases, giving secu

ty court in

rity.

Defendant the party grieved may appeal to the next court, to be may appeal 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.

Sellers or

exporters to

Masters of

vessels exporting pork &c. to be

sworn.

VI. And be it further enacted, by the authority aforesaid, That every seller or exporter of pork, beef, flour, make oath. 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 stamping, li- 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 Officer sued from whom such seizure shall be; and if such officer may plead, shall be sued for any thing by him done, in pursuance the general of this act, he may plead the general issue, and give shall recover this act in evidence; and upon non-suit, or a verdict double costs. for the defendant, he shall have double costs; and the

Pork, &c. shipped without

able to be

seized and forfeited.

issue, and

master of such ship or vessel, shall forfeit and pay

how recov

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 for-
feiture 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 re-
cord of this dominion, having cognizance of such sum.

certained.

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 aspork, 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.

act may be

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 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.

1

50 lbs. nett tobacco allowed for killing a

young wolf, and 100 lbs.

for others:

To be paid

by the county, and re

paid by the public.

Wolf-killer

the head,

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.

II. And for preventing frauds, Be it further enactshall produce ed, by the authority aforesaid, That every person claiming such reward, shall produce the whole head of and be 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:

or affirmed.

Other evi

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 dence 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 shail and may admit such other evidence, tesunder 14 timony, or circumstance, as in his discretion shall or an Indian, seem convincing: And every justice of peace before

years of age,