Assembly Proceedings, May 10-June 9, 1692. 285

Then read the Act for Enrollment of Conveyances &c, as
to the fees therein Limited this Board Except against the
same, as also against the Termination thereof in three years
Whereas all Laws that may be thought Convenient (unless
such as are for a Temporary End & design) ought to be
indefinite, especially this Act of so great moment as the Estab-
lishment and Confirmation of Our Inheritances.
Read the Act for making high ways &c. wherein it is con-
ceived that it ought to be left to the discretion of the Justices
of the County Courts, what roads and in what manner they
shall think such reparations shall be made as the said Act
requires, and then the same also to be indefinite.
The Act for Limitation of certain Actions read here the
second time.
The Act for taking away all Errors in proceedings read the
3^d time

By his Excellency the Governor and Council in Assembly.
2oth May 1692.
The severall Bills herewith sent Viz^t the Act of Recognition
&c. The Act for Limitation of certain Actions &c. The Act
for the preservation of the Several Harbours &c. The Act
for Enrollment of Conveyances &c. The Act for marking
high ways &c. The Act for taking away Errors &c. have
been read and Considered by the Board; whose Opinion
they think fit to Signifie to the house as follows Viz^t
As to the Act of Recognition they Conceive it Necessary
that the preamble thereof were better Excluded & the Recog-
nizing part only taken notice of according to the Precedents
and Examples of England and Our Neighbouring Collonies,
that the same may appear to proceed freely from Us without
any Sinister End or Condition of Covenant Inducing there-
unto.

U. H. J.

The Act against Hogstealers particularises no Penalties to
be inflicted upon the Offenders for breach thereof, but referrs
to former Acts, which seems to this Board to be altogether
insignificant, all the Laws in Generall of this Province formerly
made Being now Abolished and of no force, also for the
better and more Easy discovery of Criminalls in that and all
other matters of like Import Viz^t in all Cases of petty Lar-
cenys and stealings of Provisions or other Goods; it were
Convenient that the Onus Probandi lye upon the Party
charged, and in whose Custody the same may be found; that
in Case he or she cannot Sufficiently make appear and prove
when and where and how they came by the same; It shall be
a Sufficient Conviction of the Crime, and the Punishment

p. 622