tificate thereof given to the owner as aforesaid: And Wheat flour that every person making, or causing to be made, how to be inspected. 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.

under a pen

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 turpenpacked here or imported from Carolina, or any other tine, not to be exposed place, shall contain at least two hundred and twenty to sale, in pounds of nett meat, allowing only two and a half per less barrels, centum for shrinkage, or loss of weight; and every 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,

to the county court in

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 secusome cases, rity, before the justice by whom the judgment shall be giving secu- given, that he will prosecute his appeal with effect, rity. 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 make oath.

vessels ex

&c. to be

sworn.

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, Masters of flour, tar, pitch, or turpentine, shall be exported, shall make oath, that he will not knowingly, take, or suffer porting pork 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 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

stamping, li

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 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 aspork, beef, tar, pitch, or turpentine, shall make the certained. 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 re

pealed.

50 lbs. nett tobacco al

lowed for killing a

for others:

To be paid

by the county, and re

paid by the public.

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 Asyoung wolf, sembly, and it is hereby enacted, by the authority of the and 100 lbs. 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.

Wolf-killer

the head,

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 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

under 14

mulattoe.

whom such head or heads shall be brought, is hereby negroe, or impowered and required to administer such oath or Justice to affirmation, or take such other proof and testimony, grant a certi as 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 with

out such 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 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.

bly.

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 Assemof 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-Vol. 6.