WHEREAS many Acts of Assembly have been heretofore ,made against
Thieving and Stealing, which at this present are not sufficient
to prevent the committing those Crimes, or to punish them
when committed; Be it therefore Enacted,
by the King's most excellent Majesty,
by and with the Advice and Consent of his Majesty's Governor, Council,
and
Assembly of this Province, and the Authority of the same, That
it shall and may
be lawful to and for the several Justices of the County Courts of this
Province,
to hold Plea of, adjudge, and in lawful Manner determine, all Thieving
and Stealing of any Goods or Chattels whatsoever, not being above the
Value
of One Thousand Pounds of Tobacco (Robbery, Burglary, and House-Breaking
excepted) and every Person or Persons legally convicted of any such
Thieving and Stealing (except before excepted) by Testimony of one
sufficient
Evidence, not being the Party grieved, before any such County Court
as
aforesaid, shall and may cause to be punished by paying Four-fold of
the Value
of the Goods so Thieved or Stolen as aforesaid, and the Stolen Goods
returned
to the Party or Parties grieved thereby, and by putting in the Pillory,
and Whipping so many stripes s the Court before whom such Matter is
tried., shall adjudge, not exceeding Forty: Which Court shall
always adjudge
the Value of the Goods so Thieved and Stolen as aforesaid. And
if any such
Person, so convicted, have not sufficient Goods and Chattels, or be
a Servant
whereby he is incapable to have Goods and Chattels to satisfy and pay
the
said Four-fold, in every such Case, such Person or Persons shall receive
the
corporal Punishment as aforesaid, and satisfy the Four-fold, and Fees
of Conviction,
by Servitude.
II. And be it
hereby Enacted and Declared,
by the Authority, Advice and
Consent aforesaid, That the Time of Service of a Free Person
convict as aforesaid,
not having Goods or Chattels as aforesaid, shall commence from the
Time of his Conviction as aforesaid. And the Time ofd Service
of a Servant,
convict as aforesaid, shall commence at the Expiration of such Time
of
Servitude, to which, at the Time of his Conviction, he stood bound.
Which
Time of Servitude, for Satisfaction of the Stolen Goods, and Fees accrued
as aforesaid, shall be adjudged by such County Court, either to the
Party grieved, or any other Person the Court shall order such Convict
to,
that will then and there pay, or secure to be paid, the Four-fold and
Costs
aforesaid, at the Discretion of the Court. And if any Person
or Persons shall
receive or take Part of such Stolen Goods, or assist the person so
Stealing as
aforesaid, to make away, or conceal them, being legally convicted as
aforesaid,
shall suffer the same corporal Pains with the Party Stealing as aforesaid,
any Law, Statute, Usage, or Custom to the contrary notwithstanding.
III. And
if any person or Persons have been once convicted of any such
Thieving and Stealing (except before excepted) and shall after be again
presented
for Thieving and Stealing of any Goods or Chattels, laid to be above
the Value of Twelve Pence, it shall not be tried and determined by
any |
Preamble.
County
Courts impowered
to
adjudge all
Thieving and
Stealing under
the Value
of 1000 lb
Tobacco,
(Robbery,
Burglary and
House breaking
excepted)
how to be
punished.
The Four-fold
and Fees
in what cases
to be paid by
Servitude.
The Servitude
of a free
Person, to
commence
from the
Conviction;
of a Servant,
at the Expiration
of his
present Servitude,
to be adjudged
by the
Court.
Receivers
and Aiders to
suffer like
corporal Punishment
with the
Thief.
Such Convicts
being again
Presented,
&c. shall
be tried in the
Provincial
Court. |
