Receiver or other at the Rates & Prices aforementioned unless they be good in their kind & Merchantable & approved by Two substantial Freeholders Indifferently chosen & sworn before some Magistrate justly & impartially to give their opinion thereon.

IV. And Be It Further Enacted that in all Contracts made or hereafter to be made for Drest Buck skins at Two shillings per skin & Drest Doe Skins at One Shilling & six pence per skin the same shall be adjudged equal to Sterling money of the Kingdom of Great Britain.

CHAPTER XLI.

An Act to Ascertain the Time for the Payment of Pork, Wheat & Indyan Corn.

I. Forasmuch as Wheat, Pork & Indyan Corn (being rated Commodities of this Government for the payment of Debts) are subject to be spoiled if kept beyond their Season.

II. Be It Enacted by his Excellency the Palatine & the rest of the True & Absolute Lords Proprietors of the Province of Carolina by & with the Advice & Consent of the rest of the Members of the Genl. Assembly now met at Little River for the No. East part of the province & by the Authority of the same.

III. And It Is Hereby Enacted that no Execution upon any Judgment passed or hereafter to be passed for any the aforesaid Commodities shall be Executed, upon the Body or Estate of any person whatsoever except within the times hereafter by this Act exprest Viz. for fresh Pork between the first day of September & the last of February, for Barrelled Pork between the said first day of January & the first of May; for Wheat between the first of July & the tenth of September; Indyan Corn between the first of January & the first of June.

IV. Provided always that this Act nor any thing therein Contained shall not be construed nor adjudged in favor of any person withdrawing himself or his effects out of the Government nor hinder the Issuing out & levying of any Execution for any the said Commodities at any other time or times whatsoever during the currency of the public Bills of credit within this Province which are required & directed to be taken in full satisfaction for all or any of the Commodties afors'd or any Judgement obtained for the

same.

EDW'D MOSELEY,

Speaker.

CHAS. EDEN,

N. CHEVIN,

C. GALE,

FRAN. FOSTER,

T. KNIGHT.

CHAPTER XLII.

An Act for Ascertaining the Gauge of Barrels & to prevent Fraudes in pork, beefe, Pitch & Tar.

I. Be It Enacted by his Excellency the Pallatine & the rest of the True & Absolute Lords Proprietors of the Province of Carolina by & with the Advice & Consent of the rest of the Members of the Genl. Assembly now met

at Little River for the No. East part of the said Province & by the Authority of the same.

II. It Is Hereby Enacted that from & after the Ratification of this Act no Cooper or other person whatsoever making Casks shall expose to sale any Barrels or Halfe Barrels for the holding of Beefe, Pork, Pitch, Tar or Train Oyle but what shall contain & hold Thirty One Gallons & a halfe each Barrel, & Fifteen & three quarters Gallons Each Halfe Barrels & all Barrels & Half Barrels which shall be exposed to sale shall be made of timber seasoned at least Six months after the Riveing the Staves not less than Half an inch thick when wrought: the heading not less than 3-4 of an Inch thick & well Dowelled: Twelve good, substantial Hoops on each Cask & the whole to be tight & workmanlike. And every Cooper making Barrels or Halfe Barrels or any other persons making the same before they deliver or expose the same to sale shall set his or her proper Brand Mark upon every Barrel or Half Barrel which Mark he or they shall cause to be recorded in the office of the Precinct where he or they shall reside or dwell.

III. And Be It Further Enacted by the Authority afors'd that every Cooper or other person exposing to Sale any Cask not agreeable to the directions of this Act shall for every offence forfeit the sum of six Shillings & eight pence & the Cask or Barrells so deficient & for not recording his or their Brand the sum of Twenty Shillings: one half to the Church wardens & Vestry for the use of the Parish, the other to him or them that shall sue for the same before any Justice of the Peace.

IV. And Be It Further Enacted by the Authority afors'd that upon Complaint made upon Oath or solemn Affirmation by any person or persons to any Justice of the Peace in this Government that he hath received of any person or persons any Beef, Pork, Pitch, Tarr or Train oyle that is not good or Merchantable or is not in good or sufficient Cask as is by the Law appointed or that the Pork is deceitfully packed up or contains more head than by Law is allowed or that there is Boars' flesh mixed or packed therein or that the meat is not well saved & salted fit for Exportation or that the Beef is mixed with Bulls' flesh, shanks, Marrow Bones or Heads, or is any way defective & not Merchantable such Justice, upon all or any of those complaints shall issue his warrant to two reputable Freeholders who shall view the same & upon their Oaths shall make report thereof & of the Damages to the same Justice that issued out his Warrant & if the complaint shall appear to be just he shall immediately order double damages to the party injured & the value of such Pork, pitch, Tarr or oyle shall be forfeited to the Church Wardens & Vestry for the use of the Parish where such offender lived or resided.

V. And Be It Further Enacted by the Authority afors'd that all forfeitures that shall become due by Virtue of this Act shall be sued for within ten days after the receiving of such Cask, Beef, Pork, Pitch, Tarr or Train Oyle & not after.

EDW'D MOSELEY,
Speaker.

CHAS. EDEN,

N. CHEVIN,

C. GALE,

FRAN. FOSTER,

T. KNIGHT.

CHAPTER XLIII.

(Repealed by Act 4 April, 1741, Ch. 8.)

An Act to appoint the Marking Horses, Cattle & Hoggs & to prevent injuries done by killing, mis-marking, driving away or destroying people's Stocks.

I. Be It Enacted by his Excellency the Pallatine & the rest of the True & Absolute Lords Proprietors of the Province of Carolina by & with the advice & consent of the rest of the Members of the General Assembly now met at Little River for the North East part of the Province & by the Authority of the same.

II. It Is Hereby Enacted that all persons having or claiming any unmarked Horses, Cattle or Hoggs within this Government shall have liberty till the first day of April 1717 to take up, Brand & Mark all such Horses, Cattle or Hoggs that now are running in any part of this Government. And if in the time afors'd or at any time hereafter any Ranger shall take up, Brande, Marke or drive away any unmarked Horse, Mare or Foal, Neat Cattle & Hoggs belonging to the Inhabitants of this Government & the same be made appear by the Testimony of any one credible person before any Magistrate every Ranger shall deliver such Horse, Mare, Foal Cattle or Hogg to the person or persons so claiming or the value thereof to be ascertained by the said Magistrate such person or persons paying to the Ranger Ten Shillings for every such Horse, Mare or Foale, Two Shillings & Six pence for Neat Cattle & Eighteen pence for every Hogg.

III. And Be It Further Enacted by the Authority afors'd that every person inhabiting within this Government shall have eighteen months time for the foaling of any Mare to marke the Foale, Fifteen months for the marking of any Calf & Nine months for the Marking of any Hogg or Shoate: Or if any Ranger whatever shall take up, kill, or drive away any unmarked Horse, Mare, Colt, Cattle or Hogg under the Age aforementioned he shall have no reward for the same but deliver the same or be accountable for the value thereof to the Owner if it can be proved on Oath or Testimony whose it is or to the owner of the Land where it was taken up or killed or from where it was driven. And also forfeit the sum of Five Pounds one half to the owner of the Beast or Land from where it was taken, Killed or drove away the other half to the Informer to be recovered by Action of Debt, Bill, Plaint, or information wherein no Essoign, Protection, injunction or Wager of Law shall be allowed or admitted of. And the Age & value of every Horse, Mare, colt, Neat Cattle or Hogg to be determined by the next Magistrate & for the prevention of disputes which shall or may hereafter arise touching the Branding or Marking of Horses, Cattle & Hoggs.

IV. Be It Enacted by the Authority afors'd that from & after the Ratifi cation of this Act all & every person or persons whatsoever which in any way dispute which shall & may arise concerning any unmarked Horses, Mares, Colts, Neat Cattle or Hoggs shall claim the same as of his own proper stock such person or persons shall not be allowed the same unless his Brande or Marke by which he claims the same be Registered.

V. Provided always that it shall be sufficient for any person to produce the Bill of Sale by which he claims any Stock & their Increase which shall be allowed, deemed & taken to be as good to claim by as though the same had been of his own proper Stock or Markt. or had been registered.

VI. And Be It Further Enacted by the Authority afors'd that if any person

or persons shall take up, kill, marke, or Brande or Mis-mark or Mis-brande or Alter or deface the Marke or Markes, brande or brandes of any Horses, Cattle or Hoggs not properly their own & be thereof lawfully convicted by the Oath or Testimony of any one credible Witness he or they shall forfeit for every Horse, Mare, Colt, Neat Cattle, or Hogg so taken up, killed, marked or branded, Mismarked or Misbranded, altered or defaced, the sum of Ten rounds over & above the value of such Horse, Mare, Colt, Neat Cattle or Hoggs: the one half to the owner of said Horse, Neat Cattle or Hogg the other half to him or them that shall sue for the same to be recovered by Action of Debt, Bill, Plaint, or Information in any Court of Record in this Government wherein no Essoign, protection, Wager of Law, Priviledge or Injunction shall be allowed or admitted of.

VII. And Be It Further Enacted by the Authority afors'd that any person or persons whatsoever which shall kill any Cattle or Hoggs in the Woods altho' his own shall hereby be obliged to bring in the Hyde of every beast with the ears on & the head of every Hogg so killed with the ears on & shew or cause the same to be shewn to two sufficient Freeholders of the Neighborhood and whosoever shall kill any Cattle or Hoggs & not bring the Hyde or head in as by this Act is directed or which shall steal the Cattle or Hoggs of other persons shall forfeit & pay the sum of Ten pounds for every such Beast or hogg so stolen as afors'd one half to the use of the Poor of the Parish & the other half to him or them that shall sue for the same to be recovered by Action of Debt, Bill, Plaint, or Information in any Court of Record in this Government wherein no Essoign, Protection or Wager of Law, or injunction shall be allowed or admitted of.

VIII. And for the better Discovery of such as shall steal Cattle or Hoggs, It is Further Enacted by the Authority afors'd that if any person or persons whatsoever either Merchant or others shall pack up or cause to be packed up in Barrells, to sell or to be transported any Hoggs, he or they so doing shall be obliged by this Act to pack the head of every Hogg with the ears on (being well cleaned) into the Barrell & if any person or persons shall fail thereof & shall be lawfully convicted of the same he or they shall for feit such Barrell of Pork as shall be packed up contrary to the direction of this Act: one half to the Vestry men for the use of the Parish, the other half to him or them that shall sue for the same to be recovered by Action of Debt, Bill, Plaint or information in any Court of Record in this Government wherein no Essoign, protection or Wager of Law or Injunction shall be allowed or admitted of.

IX. And Be It Further Enacted by the Authority afors'd that any Freeholder which shall suspect any person or persons of Hogg Stealing shall have full authority & power to take the Constable along with him to search any House or place suspected & upon any discovery made of any stolen meat the Constable is hereby required & commanded to take all suspected persons & carry them before the next Magistrate there to give security to appear the next Court to answer the same.

X. And Be It Further Enacted that if any person or persons convicted of any offence mentioned in this Act shall not have wherewith to pay & satisfy the Forfeitures mentioned in this Act for such offence the Court shall immediately sell such person (being a single person) as a Servant for two years to any person that shall pay & answer the forfeitures due for such offence. And if it shall happen that the party injured by such offence cannot be known then that part which should have gone to the party injured shall be paid to the Vestry for the use of the parish. And if a Married man

shall commit such offence & not be capable of paying the Fine or Forfeitures by this Law imposed he shall for the first offence receive at the Whipping post or in the Court yard Twenty stripes on his bare back & give security for his good behaviour never to offend in the like manner & if such person shall offend the second time he shall receive Thirty nine stripes on his bare back in like manner & be transported out of the Government.

XI. And Be It Further Enacted by the Authority afors'd that if any person shall drive or chase any Stock or parcell of Hoggs, Horses or Cattle other than his own from any land belonging to any other person or that shall kill any Hoggs or Cattle or drive away any Horse other than his own without Leave or License from the owner of such Land such person so driving or chasing shall forfeit the sum of five pounds, one half to the Church Wardens & Vestry for the use of the Parish where such offence shall be done, the other half to the Informer to be recovered by Action of Debt, Bill, Plaint, or Information in any Court of Record in this Government wherein no Injunction or Wager of Law shall be allowed or admitted of.

XII. And Be It Further Enacted by the Authority afors'd that where any person or persons shall be guilty of any breach of Act & the person or persons aggrieved do not prosecute the same pursuant to the purport, intent & meaning thereof within the space of Six months after Notice given or knowledge of the same that then & in such case it shall & may be lawfull for any other person or persons to prosecute the same & have & receive the same benefit & profit thereby as the party injured might have done had he himself done it in due time.

XIII. And Whereas, since the late Warr with the Indians divers persons could not so conveniently get up their Cattle in the Spring as formerly they could before the Warr as afors'd which has given opportunity to evil disposed persons to drive up Cattle which of right belonged to their Neighbors, milking them all the Summer & afterwards marking the increase of their own proper mark to the great prejudice of the owners of such Cattle for prevention whereof for the future.

XIV. Be It Enacted by the Authority afor'sd that where any person or persons that shall have at his or their respective Cow-pens or Plantations any stray Cattle or that to their knowledge belongs to any person or persons within this Government & shall not by an Instrument of writing from under his or their hands give public notice thereof by affixing the same at the CourtHouse door of the precinct where he or they shall reside or otherwise give intelligence to the right owner if known within Twenty days after his or their taking up such Cattle or being frequently upon his or their Plantation shall forfeit & pay the sum of Forty Shillings for every month such Cattle shall be concealed to be recovered by a Warrant from any Justice of the Peace where such Default shall be committed: One half to the Informer, the other half to the party grieved, where no Essoign, Protection or Wager of Law shall be allowed or admitted of.

EDW'D MOSELEY,

Speaker.

CHAS. EDEN,
N. CHEVIN,

C. GALE,

FRAN. FOSTER,

T. KNIGHT.