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Fort Havoc (Wallace Hale)

Info The language of the text is the original used by Wallace Hale. Records acquired by the Provincial Archives are not translated from the language in which they originate.

CAP. VII.

An ACT for regulating the Size and Contents of Lime Hogsheads, within this Province.

Lime Hogsheads to contain 100 gallons, and half-hogsheads 50 gallons, and be branded with the maker's name.

Penalty for making casks of a smaller size, or neglecting to brand them.

I. BE it enacted by the Lieutenant Governor, Council and Assembly, That from and after the First day of May next, every Cooper or other person, who shall make any Hogsheads or Half-Hogsheads for the purpose of receiving Lime, shall make the same agreeably to the following dimensions, that is to say, each Hogshead shall contain One Hundred Gallons at the least, and each Half-Hogshead shall contain Fifty Gallons at the least; and each and every such Hogshead and Half-Hogshead shall be branded upon one of the heads thereof, with the name of the Cooper or other person making the same; and if any Cooper or other person shall make any such Hogshead, or Half-Hogshead, of a smaller size than is herein before specified, or shall neglect to brand the same as aforesaid, before any Lime shall be put therein, every such offender shall for each and every offence forfeit and pay the sum of Five Shillings.

Penalty for shipping Lime in smaller casks, or casks not branded.

II. And be it further enacted, That from and after the first day of July, next, if any Lime shall be shipped for exportation, on board any ship or vesel, in any Hogshead or Half-Hogshead of a smaller size than is herein before specified, or which shall not be branded as aforesaid, the owners or shippers of such Lime, and the Master of the vessel receiving the same on board, shall each forfeit and pay the sum of Five Shillings for each Hogshead and Half-Hogshead so shipped.

Recovery of penalties.

For want of distress offender to be imprisoned.
Lime may be shipped in smaller casks if contents ascertained, and marked thereon.

III. And be it further enacted, That the several penalties and forfeitures inflicted by this Act, shall be recovered before any one of His Majesty's Justices of the Peace in the County where the offence shall be committed, on the Oath of one credible witness, and shall be levied by warrant of distress and sale of the offender's goods and chattels, under the hand and seal of such Justice, rendering the overplus, if any, after deducting the costs and charges of prosecuution, to the offender; and for want of sufficient distress such offender shall suffer imprisonment not exceeding Ten days. Provided always, that it shall and may be lawful for any owner or shipper of Lime, to pack the same for sale or exportation in any Hogsheads or Casks of a smaller size, if such Hogsheads or Casks, previous to such sale or exportation, shall have their contents ascertained by a sworn Guager, and the exact number of Gallons marked by such Guager upon such Hogsheads and Casks respectively, any thing herein before contained to the contrary notwithstanding.

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C. 7. Anno XXXIII. Geo. III. A. D. 1793.

Index

Lime Hogsheads to contain 100 gallons, and half-hogsheads 50 gallons, and be branded with the maker's name. Penalty for making casks of a smaller size, or neglecting to brand them.		I. BE it enacted by the Lieutenant Governor, Council and Assembly, That from and after the First day of May next, every Cooper or other person, who shall make any Hogsheads or Half-Hogsheads for the purpose of receiving Lime, shall make the same agreeably to the following dimensions, that is to say, each Hogshead shall contain One Hundred Gallons at the least, and each Half-Hogshead shall contain Fifty Gallons at the least; and each and every such Hogshead and Half-Hogshead shall be branded upon one of the heads thereof, with the name of the Cooper or other person making the same; and if any Cooper or other person shall make any such Hogshead, or Half-Hogshead, of a smaller size than is herein before specified, or shall neglect to brand the same as aforesaid, before any Lime shall be put therein, every such offender shall for each and every offence forfeit and pay the sum of Five Shillings.
Penalty for shipping Lime in smaller casks, or casks not branded.		II. And be it further enacted, That from and after the first day of July, next, if any Lime shall be shipped for exportation, on board any ship or vesel, in any Hogshead or Half-Hogshead of a smaller size than is herein before specified, or which shall not be branded as aforesaid, the owners or shippers of such Lime, and the Master of the vessel receiving the same on board, shall each forfeit and pay the sum of Five Shillings for each Hogshead and Half-Hogshead so shipped.
Recovery of penalties. For want of distress offender to be imprisoned. Lime may be shipped in smaller casks if contents ascertained, and marked thereon.		III. And be it further enacted, That the several penalties and forfeitures inflicted by this Act, shall be recovered before any one of His Majesty's Justices of the Peace in the County where the offence shall be committed, on the Oath of one credible witness, and shall be levied by warrant of distress and sale of the offender's goods and chattels, under the hand and seal of such Justice, rendering the overplus, if any, after deducting the costs and charges of prosecuution, to the offender; and for want of sufficient distress such offender shall suffer imprisonment not exceeding Ten days. Provided always, that it shall and may be lawful for any owner or shipper of Lime, to pack the same for sale or exportation in any Hogsheads or Casks of a smaller size, if such Hogsheads or Casks, previous to such sale or exportation, shall have their contents ascertained by a sworn Guager, and the exact number of Gallons marked by such Guager upon such Hogsheads and Casks respectively, any thing herein before contained to the contrary notwithstanding.