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Bacon
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fender being thereof convict as aforesaid, shall be stigma-
tized by Burning in the Forehead with the Letter B, and fined
Forty Pounds Sterling to the Lord Proprietor, to be applied
and levied as aforesaid; and in case the same cannot be levied,
the Offender shall suffer Twelve Months Imprisonment with-
out Bail or Mainprize; and that for the Third Offence, the
Offender being convict as aforesaid, shall suffer Death with-
out the Benefit of the Clergy.
II. And be it Enacted, That every Person that shall here-
after profanely Swear or Curse, in the Presence and Hearing
of any Magistrate, Minister, the Commissary-General, Secre-
tary, Sheriff, Coroner, Provincial or County Clerk, Vestry-
man, Church-warden, or Constable, or be convicted thereof,
before any Magistrate, by the Oath of one lawful Witness,
or Confession of the Party, shall, for the first Oath or Curse,
be fined Two Shillings and Six-pence Current Money; and
for every Oath or Curse after the first, Five Shillings like
Money, to be applied to the Uses aforesaid.
III. And be it Enacted, That every Person that shall be
Drunk, in the Presence of any of the Persons aforesaid, or
shall be thereof convict in Manner aforesaid, before any
Magistrate, shall be fined for every Offence Five Shillings
Current Money, to be applied as aforesaid.
IV. And be it Enacted, That where the said Fines shall
not be immediately paid on Conviction, that it shall and may
be lawful for the Magistrates, or other Officers aforesaid, and
they are hereby required, to order the Offender (not being
a Freeholder, or other reputable Person) to be Whipped, or
put in the Stocks; and for that Purpose to appoint any Per-
son, (not having a lawful Exemption) as a Constable, on
such Occasion, to punish such Offender: And that any such
Person to be so appointed, that shall refuse to obey such
Magistrate, or other Officer, shall forfeit Ten shillings Cur-
rent Money, to be applied as aforesaid; for which Fine, the
Magistrate, or other Officer, shall and may give Judgment,
and award Execution against such Offender; and that where
the Offenders shall be Freeholders, or other reputable Per-
sons, and shall not have Money to pay the aforesaid Fines,
the Magistrate, or other Officer, shall be, and are by this Act,
required to certify all such Convictions to the several County
Clerks, where the Offence shall be committed, who shall, every
November Court, make out Lists thereof with the County
Levy, to the several Sheriffs, under the County Seal; by vir-
tue whereof, the Sheriffs shall and may levy the same in
Money, or Tobacco at One Penny per Pound, by way of
Execution, as other public Dues are to be levied.
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