Of Adultery,
3 l. Currency,
or 1200 lb
Tobacco.
 
 
 
 
 
 
 

Repealed.
See the Note
on §. 5.
 
 
 
 
 
 

Repealed.
 
 
 
 
 
 
 
 

The Manner
in which Persons
suspected
of Incontinency
shall
be summoned
before the
Minister,
Vestry and
Church-wardens,
in order
to Admonition
and Conviction.

    III.  And be it Enacted, by the Authority, Advice and Consent aforesaid,
That every Person or Persons that shall commit Adultery, and shall be
thereof convict, wither by Confession, or Verdict of Twelve men, in the?
Provincial, or any of the County Courts of this Province, shall be fined, by
the Justices before whom such Conviction shall be, Three Pounds Current 
Money as aforesaid, or Twelve Hundred Pounds of Tobacco, to the King's 
Majesty, his Heirs and Successors, towards defraying such County Charge as
aforesaid.

    IV.  And in case the said Offenders, or any of them, shall not have wherewith?
to pay the several Fines by this Act imposed, then the said Offenders
shall be adjudged to suffer corporal Punishment by Whipping upon his or
their bare Bodies, 'till the Blood do appear, so many Stripes (not exceeding
Thirty-nine) as the Justices, before whom such Conviction shall be, shall
adjudge.

    V.  Provided, That this Act shall not be construed to extend, as to the
Fine, to Women who have Bastards, and do refuse to discover the Father, pr
Begetter of such Children:  But that in such Cases it shall be in the Discretion
of the Justices, before whom such Woman or Women shall be convicted,
either to take the Fine by this Act appointed, or to award corporal Punishment;
any thing in this Act before to the contrary notwithstanding.
    N.B.  By the Act of 1749, ch. 12, §. 6. so much of this Act as relates to corporal Punishment
        doe Fornication, is repealed.

    VI.  And for the ascertaining what Women shall be accounted Lewd; Be it
Enacted, by the Authority aforesaid, by and with the Advice and Consent aforesaid,
That it shall and may be lawful for the Minister, Vestry and Church-wardens
of any Parish where there is a Minister, and for the Vestry and
Church-wardens where there is no Minister, before any Admonition by them
or any of them given, in pursuance of the Directions aforementioned, to give
Notice, or cause Notice to be given, to any Person or Persons, by them, or
the major Part of them, suspected of Lewdness or Incontinency, and being
or residing within their respective Parishes, to appear before them., or the
major Part of them, at such Time and Place as they, or the major Part of
them, shall appoint:  And on the Appearance of such Person or Persons, to acquaint
them of the Suspicion that is had of them, and to hear what reasonable
Excuse such Persons shall offer, why they ought not to be proceeded against
according to Law, as Fornicators or Adulterers, as the Case shall happen.  And
in case the Person or Persons, having such Notice given them, shall not appear
according to such Notice, on Affidavit of such Notice given, or appearing,
do not excuse or acquit themselves of the Grounds of Suspicion, in such
Manner as such Minister, Vestry and Church-wardens as aforesaid shall approve;
that then it shall nd may be lawful for such Minister, Vestry and 
Church-wardens, or the major Part of them as aforesaid, and they are hereby
required to admonish such Person or Persons, according to the Directions aforementioned;
which Admonition. together with Proof of the Cohabitation
of the Parties so admonished, or their frequenting the Company of each other,
in contrary to, and after such Admonition given, shall be sufficient Evidence,
in amy Court of this Province to * convict the person so cohabiting,
or frequenting each others Company, after Admonition given as aforesaid, of