672 Assembly Proceedings, September 22,-October 26, 1723.

L. H. J.

Estate, And the Courts of this Province hitherto haveing
followed the Rules practices and Laws of England in the
Judgem^t ag^t and Condemnaⁿ of Criminals being too Rigorous
a practice and punishm^t for this Province to Exact and Imi-
tate Touching Many offenders guilty of the offences here-
after mentioned by means whereof all prosecutions against
offenders tho' many times for small Crimes and offences and
of small value have been hither to drawn and brought to the
provinciall Court of this province the Justices whereof have
only power of Life and member to the very Great Vexation
& Trouble of the Good peopell of this Province a greater part
of the Province Liveing so remote from the provin^ll Court
that they many times forbear to prosecute Offenders by
reason of the Excesive Charges of Comeing to the Pro^ll Court
and bringing their wittnesses to Prosecute so that the

p. 98

Offenders many times Go unpunished to the Great Encourage-
ment of Malefactors and for that also the Provin" Courts
are not Held above three or four Times in the Year Speedy
Justice for small Crimes is deferred and the partys accused
many times lay a long time in Prison before their tryal to the
very great charge of the party which may be in this tryal
acquitted or If Convicted the Charge many times falls on the
County to the Great Burthen of this Province for Prevention
whereof for the future be it Enacted by the right Hon^ble the
Lord Prop^ry by and w^th the advice and Consent of the Upper
and Lower Houses of this Present Gen" Assembly and the
authority of the same That it shall and may be law full to and
for the sever^ll and Respective Justices or Commissioners of
the severall and respective Counties w^th in this Province
in their Severall and respective County Courts to hear and
Determine all Theiveings or Stealings whatsoever Robbery
burglary & house breaking only Excepted whether it be of
any horse Mare Guilding Colt Cow Calf Ox & Bull Stear
rams ews or Lams Goats or Hoggs Piggs of any manner of
Poultry or other Goods or Chattells whatsoever not Exceeding
one Thousand pounds of Tob and All & all manner of Persons
thereof Lawfully Convicted by Due Course of Law in any

p. 99

of the County Courts Af^d shall or may Cause to be punnisht
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 any Law Statute or useage to
the Contrary notwithstanding And be it further Enacted by
the Authority afs^d that any offender theiveing or Stealing
as afs^d that shall be Convicted thereof by confession of the
party or by one Sufficient or Lawfull Witness or Evidence not
being the party Injured or Damnified shall restore four fold to
the owner of the Thing or goods so Stolen or purloyned as