CHAP.
XXVI.
Such Presentment,
together
with a
Copy of the
former Conviction,
to be
sent to the
next Provincial
Court by
the County
Clerk, on
Penalty of
500 lb Tobacco.
Evidences to
be bound over
to the
Provincial
Court; and
also the Party
presented.
Persons killing
unmarked Swine
to be adjudged
Hog-Stealers,
&c.
Persons concealing
or
disfiguring
the Marks of
Swine so
killed, by
cutting off
their Ears,
&c. to be adjudged
Hog-Stealers, &c.
Persons convicted
of any
the aforesaid
Crimes, or
Vagrants, &c.
hunting without
Leave, on
and seated
Plantation,
shall forfeit
1000 lb Tobacco,
&c.
Criminals capable
of discharging
the
same, either
by Effects, or
Servitude,
shall pay their
own Fees. |
County Court; but the Party presented, upon such Presentment, shall
be
proceeded against in the Provincial Court, as a Felon for simple Felony;
but
shall not be punished by Death, but only paying the Four-fold, branding
with a hot Iron, or other such corporal Punishment as the Court shall
adjudge,
saving Life. And such Presentment shall be, by the Clerk of every
such County Court immediately sent to the then next Provincial Court,
together
with a Transcript of his former Conviction, if such Conviction was
in
the same Court where the Presentment aforesaid shall be; or otherwise,
made
known to the Attorney-General in what other Court such former Conviction
was, if to him known; under the Penalty of Five Hundred Pounds of Tobacco
to our Sovereign Lord the King, his Heirs and Successors, for the Support
of Government. And the Parties Witnesses against such Felons,
if in
Court at the Time of such Presentment, shall be bound over to give
Evidence
as aforesaid; or otherwise, if not in Court, an Account of their Names
and
Places of Dwelling to be sent to the Attorney-General, to be summoned
against
the then next Provincial Court, in order to such Trial.
And the Party
presented, if in Court, to be bound over also, by due Course of Law
to
answer such Presentment; or, if not in Court, proceeded against by
due
Course of Law as aforesaid.
IV. And be it
further Enacted, by the Authority, Advice and Consent aforesaid,
That any Person or Persons whatsoever, that shall kill any unmarked
Swine, above Three Months old, if not upon his or their own Land, or
not
in Company with his or their own Stock, shall, and is hereby adjudged
an
Hog-Stealer, and shall be liable to restore Four-fold, and suffer such
corporal
Pains as against the first Offence in this Act mentioned.
V. And
to prevent any Person or Persons concealing or disfiguring the
Mark of any Swine killed as aforesaid; Be
it further Enacted,
by the Authority,
Advice and Consent aforesaid, That if any Person or Persons,
killing any
such unmarked Swine in the Woods, or elsewhere, and shall wilfully
disfigure
the Mark, or cut off the Ears of such Swine, so as to conceal the true
and real Mark, or whether it were mark'd or not, shall be deemed and
adjudged
a Hog-Stealer within the Purview of this Act, and shall suffer accordingly.
VI. And
to prevent the abusing, hunting, or worrying of any Stock of
Hogs, Cattle or Horses, with Dogs, or otherwise, Be
it Enacted, That if
any Person or Persons whatsoever, that have been convicted of any of
the
Crimes aforesaid, or other Crimes, or that shall be of evil Fame, or
a Vagrant,
or dissolute Liver, that shall shoot, kill or hunt, or be seen to carry
a
Gun, upon any Person's Land, whereon there shall be a seated Plantation,
without the Owner's Leave, having been once before warned, shall forfeit
and
pay One Thousand Pounds of Tobacco; one Half to our Sovereign Lord
the
King, his Heirs and Successors, the other Half to the Party grieved,
or those
who shall sue for the same; to be recovered in any County Court of
this Province,
by Action of Debt, Bill, Plaint or Information, wherein no Essoin,
Protection, or Wager of Law to be allowed.
VII. And be it
further Enacted, by the Authority, Advice and Consent aforesaid,
That from henceforth no Sheriff, Jaylor, Clerk, Cryer, or other Officer,
shall charge wither their own County to which they belong, or the Public,
with any Fees for any Criminal committed to the Charge of the said
Sheriff
or Jaylor, having sufficient Estate in this Province wherewith to pay
the
same, or being capable to pay the same by Servitude: But that
such Criminals,
being discharged by Order and due Course of Law, shall pay their
own Fees to the Sheriff, Jaylor, Clerk and Cryer, and other Officers,
being
such as they may demand according to Law, either out of his Estate,
or by
Servitude, or otherwise. |
