Keepers,

to undertake the same, or give bond as aforesaid, then the said court shall, and they are hereby required and impowered to agree with some person or persons to erect and build good and sufficient storehouses, for the reception and preservation of all hemp and flax that shall be brought to the same, and shall certify the charge thereof to the treasurer of this colony for the time being, who is hereby directed and required to pay the same out of the public money in his hands.

II. And be it further enacted by the authority aforehow appoint said, That the courts of the several counties within this ed. colony, wherein any warehouse for the reception of hemp and flax shall be established, shall and may, and they are hereby required to appoint a fit and able person or persons to have the care and charge of the said warehouses, who shall give bond, with good security, in the sum of two hundred pounds, for the faithful and due discharge of his or their duty, and shall take the following oath: I A. B. do swear, that I will receive all hemp and flax, which shall be brought dry and in good order, into the storehouse whereof I am keeper.

Bond and eath.

Penalty for breach of duty

Fees for storage.

Weights and scales pro

vided.

III. And be it further enacted by the authority aforesaid, That if any store-keeper, appointed in pursuance of this act, shall deliver any hemp or flax but by order of the owner thereof, or shall exchange the hemp or flax of one person for another, or shall fail to give a receipt if required, expressing the quantity and mark of the hemp or flax by him received, he shall for every such failure forfeit and pay to the party injured the sum of fifty pounds.

IV. And be it further enacted by the authority aforesaid, That the keeper of any storehouses hereby appointed, shall and may demand and receive for storage of hemp or flax four-pence for every hundred and twelve pounds, and so for a greater or lesser quantity; and shall account for the same annually with the treasurer or proprietor, as the case may be; and on failure so to do shall forfeit and pay the sum of one hundred pounds; and shall and may receive for his or their trouble and attendance one penny for every hundred and twelve pounds of hemp or flax, and in that proportion for a greater or lesser quantity.

V. And be it further enacted by the authority aforesaid, That the courts of the several counties where such warehouses shall be erected, shall provide good and suf frcient weights and scales for the purpose of weighing

the hemp and flax brought to such warehouse, and shall certify the costs thereof to the treasurer of this colony for the time being, who shall pay the same out of the public money in his hands, provided such warehouse be erected at the public expense; but if such warehouse shall be built at the expense of the proprietor of the land where it shall be erected; then, and in that case, such proprietor shall furnish such weights and scales at his or her own proper expense, under the penalty of twenty pounds; to be recovered by action of debt in the county court where such warehouse is erected; and all such weights and scales shall be examined once in every year, in the same manner as they are examined at the public warehouses for the inspection of tobacco.

Salt or H

be received

in ware

VI. And be it further enacted, That no such 'warehouse keeper shall receive into any such warehouse quors not to any salt or liquor of any kind whatsoever, under the penalty of five shillings for every bushel of salt or gallon house. of liquor so received; to be recovered before a justice of the peace by any person who shall inform or sue for the

same.

CHAP. XXXVII.

An act for establishing Fairs in the town of Mecklenburg, in the county of Frederick.

I. WHEREAS allowing fairs to be kept in the town Fairs in town of Mecklenburg in the county of Frederick, will be com- of Mecklen modious to the inhabitants of those parts and greatly burg, (nov Shepherds increase the trade of the said town: Be it therefore enact- town) estaed by the Lieutenant-Governor, Council, and Burgesses, blished. of this present General Assembly, and it is hereby enacted by the authority of the same, That for the future two fairs shall and may be annually kept and held in the said town of Mecklenburg, on the second Wednesday in June, and the second Wednesday in October, in every year, and to continue for the space of two days, for the sale and vending of all manner of cattle, victuals, provisions, goods, wares and merchandize, whatsoever:

On which fair days, and two days next before, and two days next after, the said fair, all persons coming to, being at, or going from, the same, together with their cattle, goods, wares and merchandize, shall be exempt and priviledged from all arrests, attachments, and executions, whatsoever; except for capital offences, breaches of the peace, or for any controversies, suits, or quarrels, that may arise and happen during the said time: In which case, process may be immediately issued, and proceedings thereupon had, in the same manner as if this act had never been made; any thing herein before contained, or any law, usage, or custom, to the contrary thereof, notwithstanding.

II. Provided always, That nothing herein contained shall be construed, deemed, or taken, to derogate from, alter or infringe, the royal power and prerogative of his majesty, his heirs and successors, of granting to any person or persons, body politick or corporate, the priviledges of holding fairs or markets in such manner as he or they, by his or their royal letters patent, or by his or their instructions, to the governor or commander in chief of this dominion for the time being, shall think fit.

Prosecutors

CHAP. XXXVIII.

An act to amend an act, intituled, An act to oblige the prosecutors of offences not capital, to pay the costs of the prosecution where the defendant shall be acquitted.

I. WHEREAS by an act of general assembly made for offences in the twenty-fifth year of the reign of his late majesty not capital king George the second, intituled, An act to oblige the costs, in ge- prosecutors of offences not capital to pay the costs of

Tiable for

neral and

county

courts.

the prosecution where the defendant shall be acquitted, which said act only extended to prosecutions in the general court: And whereas it is found expedient that the said act should extend to the county courts in this

colony; Be it therefore 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 from and after the passing of this act, the said recited act, and every part thereof, shall extend to the several county courts in this colony, in the same manner and under the like regulations as in the general court; any law, custom or usage to the contrary notwithstanding.

II. Provided nevertheless, That if such county court Proviso. shall certify that there was a probable cause for such prosecution, and that the same was not malicious, then the prosecutor shall not be liable to pay the costs of the prosecution; any thing in this act to the contrary thereof notwithstanding.

CHAP. XXXIX.

An act for exempting the inhabitants of Mecklenburg county, and also the minister and other parishioners of St. James's parish, in the said county, from the payment of ferriage on Sundays, court days, and on the days appointed for general

musters.

I. WHEREAS the inhabitants of that part of the Inhabitants county of Mecklenburg which lies on the south side of of Mecklen Roanoke river, have represented to this present general and minister burg county, assembly, that they are subject to a continual expence of and parishferriage over the said river, when their attendance is re- ioners of St. James's paquired at the court-house, either in the public business rish,exemptof the said county, or their own private concerns, or ed from paywhen required to appear at general musters (the court- ing ferriage house being on the north side of the said river) and at over Roanthe same that they are liable and obliged to pay their tain occa-. full proportion of all the incident charges of the said sions. county; and have petitioned this assembly, that they

H 2-VOL. 8.

oke, on cer,

Court to contract with ferrykeepers.

may be hereafter exempt from the payment of ferriage over the said river on court days, and the days appointed for general musters: And whereas the parish of St. James's, in the said county of Mecklenburg, is situate on both sides the said river Roanoke; and it is represented to this general assembly, that as well the minister of the said parish, at all times when performing the duties of his function, as the other parishioners, who are obliged to cross the ferries to attend divine service on Sundays, and other days of public worship, are subject to the payment of ferriage over the said river, which is an unreasonable expence to them; Be it therefore 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 from and after the passing of this act the inhabitants of the said county of Mecklenburg, and the minister and parishioners of the said parish of St. James's, shall be, and are hereby declared to be exempt and free from the payment of ferriage over the said river, to and from the court-house aforesaid, and to and from the several churches in the said parish, as well for themselves as their servants, carriages and horses, when under the necessity of passing the said river, to appear either at the county court or at general musters, or to attend divine service on Sundays and other days of public worship; and the ferry-keepers on each side of the said river shall, from time to time, as they shall be required, set them over the same without demanding any ferriage of them.

II. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the court of the said county of Mecklenburg, and they are hereby impowered and required to contract and agree with the ferry-keepers on each side of the said river, for an annual allowance, to be paid them for such fcrriages, which shall be levied by the vestry of the said parish of St. James's, at the laying of the parish levy, for the use of the said ferry-keepers; to be collected and paid in the same manner as the other parish levies.