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

Lib. L. L.

No. 1.

Burglary and house breaking only Excepted) whether it be a
horse, mare, Gelding, Colt, Cow, Calfe, Ox, Bull, Steer, Ram,
Ews or Lambs, Goats, Hoggs, Piggs, Poultry or other goods
or Chatties whatsoever not exceeding the Value of one
thousand pounds of Tobacco, and also of the severall Offences
mentioned and conteyned in an Act made and Enacted this
Sessions of Assembly Entituled an Act gainst hogstealers

p. 96

and marking of hoggs, and all and all maner of Persons
thereof lawfully convicted by due course of Law in any of the
County Courts aforesaid shall and may cause to be Punished
by whipping or Pilloring or both as the Justices before
whom such conviction shall happen to be shall think most
agreeable to the demerit of the Offender or Offenders not
Extending to life or Member any Law Statute or useage to
the Contrary notwithstanding And be it further Enacted by
the Authority aforesaid by and with the advice and consent
aforesaid that any Offenders thieving or stealing as aforesaid
that shall be Convicted thereof by Confession of the party or
by one Sufficient or Lawfull witness not being the Party
injured or damnified shall Restore four fold to the owner of
the goods or chatties soe stolen or purloyned as aforesaid the
value thereof to be adjudged by the Court where & when the
Offender shall be convicted any Law Statute or usage to the
Contrary notwithstanding. Provided allways that all convic-
tions as aforesaid be upon and by a Verdict of twelve good
and lawfull men of the vicinity or neighbourhood and not
otherwise Provided nevertheless that where any person or
persons whatsoev^r shall at any time hereafter happen to be
accused or convicted as aforesaid of any of the Crimes afore-

p. 97

said not above the Value of one thousand pounds of Tobacco
as aforesaid and shall afterwards happen to committ the like
crime not exceeding the Value, the Justices of the County
Courts shall have power to hold plea of the said second
offence and punished as aforesaid But if the pty shall happen
the third time to committ the like crime then the Justices of
the severall County Courts shall not have power to hold plea
thereof; but shall committ the said party accused till he or she
find bayle (if by Law baylable) to answer his or her crime at
the then next Provinciall Court of this Province who are to
proceed against such criminall according to the Laws of Eng-
land and the Justices of the said County Courts are to bind
over the Parties Prosecutors and Evidence to Prosecute and
give evidence at the said Provinciall Court and to send a
Transcript of the Record of the first and second Convictions
of the said Criminalls under the Seale of the said County
Court to the End the Justices of the Provinciall Court may
apportion such Punishment as the third offence of such pson