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From: PHHGENE <>
Subject: [RHEA-L] Re: TIP# 139 - VENUES, VAGRANTS, WEIGHTS & MEASURES, WITNESSES & WOLVES
Date: Thu, 9 Apr 1998 10:01:52 EDT

TIP#139 - VENUES (CHANGE OF), VAGRANTS, WEIGHTS & MEASURES, WITNESSES AND
WOLVES

Doesn't that sound like an unusual combination?

VENUE - CHANGE OF:

From February 3, 1815, provisions were made for a change of venue when it
was felt that an accused could not obtain a fair trial in the county of
residence.

VAGRANTS:

Watch out! Vagrants were defined in a statute passed December 15th, 1795
and defined same as an "able bodied person who is found loitering or
rambling about, not having wherewithal to maintain himself by some visible
property, and who doth not betake himself to labor or some honest calling
to producre a livlihood; and all persons who may be found begging, and who
quit their habitations, and leave wives or children, without suitable means
of subsistence, whereby they suffer or become chargeable to the county; and
all other idle, vagrant and dissolute persons, rambling about without any
reasonable means of subsistence". I wonder if genealogists rambling
through fields and forests looking for the family cemetery would be a
vagrant?

If these vagrants were found, a warrant was issued by a sheriff or
constable and they, upon proof, would be committed to the nearest jail.
They had to raise a bond of 20 pounds . The sheriff could apprentice
him/her to some person of useful occupation or trade until arriving at the
age of 21. If they ran away from their "master" they would be dealt with as
other apprentices. But, if the vagrant was older than 21, the sheriff would
hire him/her out to the highest bidder for a term not exceeding 9 months.

If the vagrant had a wife or family in the county, the vagrant could be set
free at the discretion of the court after entering into bond.

If no one wanted to hire the vagrant, a jury was empannelled, he was given
lashes upon the back not to exceed 25 under the guidance of the sheriff.

If the vagrant was hired out, the money coming out from the employment
would be used by the court towards paying the vagrant's debts and the
balance went to the vagrant - if he had a family, all the money would be
applied to help the family.

WEIGHTS AND MEASURES:
A standard for every measurement was set by the State by an act passed
December 11, 1798. Some of the unusual or interesting measurements.

By law, the governor was authorized to procure one set of weights and
measures in this act with proper scales for the weights, together with the
measures for one foot and one yard and the dry bushel. When the standard
was set, each county was to have same and many comparisons made to be sure
they were accurate. An individual or individuals were appointed in each
county to keep the county standards; for their services they had a
certificate and could charge 25 cents for every steelyard; 12 cents for
each weight or measured.

Here are some the weights and measures listed:

A Barrel of fish - (herring or eels) shall contain 30 gallons, fully packed.
A butt of salmon shall contain 84 gallons fully packed.
A wey of cheese - must contain 32 cloves, each clove weighing 7 pounds.
A butt of malmsey (?) - 126 gallons.
Tun of wine or oil - 252 gallons
A pipe: 126 gallons
A tertain - 84 gallons
A hogshead - 63 gallons
Rundlet - 18 gallons. (Time for the dictionary!)
A bushel - 8 gallons of wheat
A gallon - eight pounds of wheat
Pound - 12 ounces of Troy weight
Ounce - 24 sterlings
Sterlings - 32 corns of wheat
Barrel of beer - 36 gallons
Kilderkin of beer - 18 gallons
Firkin of beer - 9 gallons
Barrel of ale - 32 gallons
Kilderkin of ale - 16 gallons
Firkin of ale - 8 gallons.

Are you an expert now?

ON TO WITNESSES:

Did you ever wonder if knowing something about those witnesses in law suits
would help you find some hidden clues to your family's past? Being a
witness was a very serious matter, especially in testimony taken in the
Circuit Court cases.

According to the Statutes of Virginia and Kentucky the following could NOT
be a witness:

One convicted of perjury or subornation of perjury (note that this is NOT a
new term!) even thought he had been pardoner or punished.

No Negro, mulatto or Indian except if they were giving testimony against
another Negro, mulatto or Indian.

I don't wanna testify:

What happened if a witnesses failed to appear? Unless he had a good excuse,
a witness failing to attend a case would be fined by the court in the sum
of three pounds. He would also be liable to the action of the party for any
and all damages sustained by his non-attendance.

My mouth is sealed!
If a witness refused to give testimony in a case - they were off to
prison! He was held there until he decided to give the evidence before the
court.

What's in it for me?
Witnesses were "privileged" from arrests in all cases except treason,
felony and breach of the peace, during their time of testimony.

Just try and find me!
A witness was summoned by the clerk of the county, or by a commissioner,
referee or suveyor and on the summons was stated their name, the court, the
day they were to appear, the names of the parties in the suits.

Special judicial decisions:
Objections to the competency of a witness, never comes too late.
If the objection to the competency be not made at the hearing of a cause,
it cannot be made in the court.

These are taken from an act passed February 6, 1798.

NOW TO THE WOLVES!!

Yes, there was even laws pertaining to wolves, or the demise of same. An
act was passed January 28, 1814 which paid bounty on wolves which were
quite thick in Kentucky. It stated in an abstracted form:

Every person who killed a wolf was to receive one dollar for every wolf
killed, not exceeding six months old; two dollars and fifty cents for older
wolves. The hunter had to offer proof to a Justice of the Peace by bringing
in the head of the wolf. They were reminded that they could not shoot a
wolf in another state in bring it to Kentucky for payment or kill it in
Kentucky and take it to another state. They also had to swear under oath as
best they could, when it was killed, in what county.

The Justice of the Peace then actually produced a certificate with the name
of the killer, that he had killed a wolf, and the age of the wolf.

The only thing that seemingly was not provided for what did the Justice
of the Peace do with the heads??

Copyright 9 April 1998, Sandra K. Gorin, All Rights Reserved.
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• [RHEA-L] Re: TIP# 139 - VENUES, VAGRANTS, WEIGHTS & MEASURES, WITNESSES & WOLVES by PHHGENE <>