Acts. 331

An Act ascertaining the Gauge of Tobacco Hogsheads.

Be it enacted by the Queens most excellent Majesty by and
with the Advice and Consent of her Majestys Governour
Councill and Assembly of this Province and the Authority of
the same that what person 01 persons soever shall make or
Cause or Suffer to be made for his use any Tobacco hogshead
or Hogsheads which shall exceed forty Eight Inches in length
of the stave and thirty two Inches in the head to be measur'd
or shall make or cause or Suffer to be made for his own use
any Tobacco Hogshead or Hogsheads under the size of forty
six inches in length and thirty inches in the head and the
same hogsheads or any of them shall pack full of Tobacco
shall forfeit and pay the sume of one hundred pounds of To-
bacco Of which one half to her Majesty her heires and Suc-
cessors for the Support of the Government of this Province
and the other half to him or them that complaine of the same
and Cause the same to be proved and such Complaint shall

Lib. L. L.
No. 64.

be made to one or more Justice or Justices of the peace next
adjoyning who upon such Complaint shall issue out a war-
rant to the Constable of the Hundred to bring before him or
them the person or persons ag^t whom such Complaint is
made and the Witnesses which the Complainant shall name
which Justice or Justices shall have full authority by vertue
of this Act to hear and Determine the matter and if the
Complainant shall prove his Complaint before the Justice or
Justices aforesaid by his own oath & the oath of one Suffi-
cient Evidence beside or Confession of the party the said
Justice or Justices of peace shall make out warrant to the
Sheriff to levy the same by Distress and sale of the Goods
and Chattells of the party having so offended and to pay the
Moyety to the said Complainant as aforesaid and the other
Moyety for the Queens use to Certify to her receiver Generall
or the Governour for the time being.
And if any Person or persons as aforesaid shall pack or
Cause or Suffer to be packt full with Tobacco any Green or
not well Season'd Tobacco Hogshead or Hogsheads and the
same pay away and be thereof Convict in manner aforesaid
He or they shall forfeit for every Hogshead or Hogsheads so
packt and paid away as aforesaid the sume of one hundred
pounds of Tobacco as aforesaid to the uses aforesaid to be
recovered as aforesaid.
And be it further enacted that if any person or persons
shall after the tenth day of December next ensuing pay or
tender to pay any packt Hogshead of Tobacco whereof the
full weight of the empty Hogshead or the full weight within
five pounds over or under is not Cutt and markt on the Bulge

p. 135