322 Assembly Proceedings, Sept. 5-Oct. 3, 1704.

Lib. L. L,
No. 64.

shall be adjudged ffelons and Shall Suffer pains of Death as
ffellons without any Benefitt of Clergy.
And be it Enacted by the Authority Advice and Consent
aforesaid that any Person or Persons whatsoever that shall after
the end of this Sessions of Assembly prophane Swear or
Curse either in the presence or hearing of any Justice of the
peace or other head Officer or that shall be Convict thereof by
the oath of one Witness or by his own Confession before any
one Justice of the peace or other head Officer shall forfeitt and
pay for Such Offence the Sume of five shillings and in Case
of Non payment thereof the Justice of peace before whom
Such Conviction shall be shall make his Warrant to the next
Constable to levy the same by distress and sale of the
Offenders Goods rendring to him the Overplus and such Con-
stable shall render Account thereof to the County Justices at
the time of laying the County Levy And in Case the Constable
shall refuse to obey and Execute the Comand or Warrant of
any Justice of the Peace or Head Officer as aforesaid then
such Constable shall forfeitt and pay the Sume of five Shillings
to be levyed as aforesaid to the use aforesaid. And in Case
the Severall Offenders aforesaid shall not have wherewith to
pay the said ffines then such person or persons shall be
punish'd by setting in the Stocks for the Space of one hour or
Whipping. —
And Be it further Enacted by the Authority aforesaid by and
with the Advice and Consent aforesaid that if any person or
persons shall prophanely Swear or Curse in any Court house
during the sitting of any Court and shall be thereof Convict
informe aforesaid he she or they so offending shall imediately

p. I2i

forfeit and pay the Sume of tenn shillings to be levyed as
aforesaid to the use aforesaid or shall be sett in the Stocks two
hours.
Provided allways that noe person shall be prosecuted upon
this Act for Prophane Cursing and Swearing unless the same
be proved and prosecuted within tenn days after the Offence
Comitted.
And be it Enacted by the Authority aforesaid by and with
the Advice and Consent aforesaid that every Justice of the
peace or Head Officer before whom such Conviction of Swear-
ing and Cursing shall happen to be shall receive the forfeitures
aforesaid and shall give Account thereof at the time of the
laying of Each County Levy.

September 30^th 1704 September 30^th 1704

Read and Assented to Read and Assented to by her
by the house of Delegates. Majestys hon^ble Councill
W Taylard Cl hD. W Bladen Cl Concil