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Proceedings and Acts of the General Assembly, September, 1704-April, 1706
Volume 26, Page 267   View pdf image (33K)
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Acts. 267


And be it hereby Enacted and declared that the time of
Service of a ffree person convict as aforesaid not having goods
and Chattells as aforesaid shall comence from the time of his
Conviction as aforesaid And the time of Service of a Servant
convict as aforesaid shall comence 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 for the stolen
goods and fiees 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 ffourfold and Costs aforesaid at
the discretion of the Court And if any person or persons
shall receive or take part of such stollen goods or assist the
person so stealing as aforesaid to make away or Conceale
them being legally convicted as aforesaid shall suffer the same
Corporall pains with the party stealing as aforesaid Any law
Statute usage or Custom to the Contrary notwithstanding.
And if any person or persons having been once Convicted
of any such theiving and stealing (except before excepted)
and shall after be again presented for theiving & stealing of
any goods or Chattells said to be above the value of twelve

Lib. L. L.
No. 64.

pence it shall not be tryed and determined by any County
Court but the partys presented upon such presentment shall
be proceeded against in the Provincial Court as a fiellon for
Simple fellony But shall not be punished by death but only by
paying the fourfold branding with a hott Iron or such other
corporall punishment as the Court shall adjudge saving life
and such presentment shall be by the Clerk of every such
County Court imediately 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 present-
ment aforesaid shall be or otherwise made knowne to the At-
torney Generall in what other Court such former Conviction
was if to him knowne under the penalty of ffive hundred

pounds of Tobacco to our Sovereign Lady the Queen her

heires and Successors for the Support of Government and the
Partys Witnesses against such fielon 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 the Attorny Gener-
all to be sumond against the then next Provincial Court in
order to such tryall And the party presented if in Court to be
bound over also by due Course of Law to answer such present-
ment or if not in Court proceeded against by due Course of
Law as aforesaid.
And be it further Enacted by the Authority Advice and
Consent aforesaid that any person or persons whatsoever that

p. 58



 
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Proceedings and Acts of the General Assembly, September, 1704-April, 1706
Volume 26, Page 267   View pdf image (33K)
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