Preamble.
The Courts
to observe the
Demeanour
of all Practitioners
of
the Law, Officers,
and others
using
indecent Liberties,
and to punish
the same,
Single Magistrates
likewise
to observe
the Demeanour
of
Persons coming
before
them in the
Execution of
their Office,
&c.
The Fines by
this Act to be
applied to the
County
School.
This Act not
to lessen any
former Authority
vested
in the Courts. |
WHEREAS it is obvious to this present Session of Assembly, that
there is an absolute Necessity of a Law for the better preserving
the Honour, Dignity and Authority of his Lordship, in the Persons
of his Magistrates, in the Administration of Justice, from the Insults,
Affronts and indecent Demeanour before them, of the Practitioners of the
Law, and the Courts of this Province, as well as out of Court.
II. Be it therefore
Enacted, by the Right Honourable the Lord Proprietor,
by and with the Advice and Consent of his Lordship's Governor, and the
Upper and
Lower Houses of Assembly, and by the Authority of the same, That the
several
Magistrates, Judges of the several Courts within this Province, be, and
are
hereby authorized and strictly required, to observe the Demeanour of
all Practitioners
of the Law, before them, as well as all Ministerial Officers, or other
Persons who shall use any undecent Liberties to the to the lessening the
Grandeur
and Authority of their respective Courts, and to discountenance and punish
the same, according to the Nature of the Offence, either by suspending
such Practitioner of the Law from their Practice, Perpetually, or for a
Time,
or to punish such Practitioners, or Ministerial Officers, or other Persons,
by
Fine, at the Discretion of such Court before whom such Offence shall be
committed, not exceeding Four Thousand Pounds of Tobacco in the superior
Courts, nor Two Thousand Pounds of Tobacco in the several County Courts
within this Province, on each Offender, for any one Offence.
III. And likewise
all and every the several Magistrates, in the Execution
of their Office out of Court, are hereby required, in like Manner, to observe
the Carriage and Demeanour of all Persons whatsoever, that shall come
before them; and if any Person or Persons shall behave themselves indecently
towards any of them (or contemn their Authority when lawfully required
to
assist them) in the Execution of their Office, or otherwise, it shall and
may
by lawful for any of the several Courts within this Province, upon
Information
to them made by any such Magistrate or Magistrates, against any Person
or Persons who have so misbehaved themselves, or contemned their Authority,
without any Formality in Law, to call such Offender or Offenders before
them, and punish them by Fine, Imprisonment, or by Setting in the
Stocks, at their Discretion; the Fine not to exceed One Thousand Pounds
of
Tobacco each Offender; the Imprisonment not to exceed Two Days, nor the
Setting in the Stocks above Two Hours, for any one Offence; all which Fines
to be levied by Way of Execution, and by such Court applied towards the
maintaining a Public School in the County where such Offence is committed.
IV. Provided
always, That nothing in this Act shall be construed to
lessen the Authorities vested by Law in the several Courts, or in any of
the
Magistrates, before the making of this Act.
Examined and Compared with the Original Act, REVERDY GHISELIN,
THOMAS BACON.
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