CHAP.
XVI.
Conviction of
Freeholders,
to be certified
to the County
Clerk,
and the Sheriff
to levy
the Fines by
Execution.
The Whipping,
&c. limited.
Penalty on
Magistrates,
&c. guilty of
Swearing or
Drunkenness,
or omitting
to punish
others.
Offenders reviling
any
Magistrate,
&c. in the
Execution of
this Act, how
to be treated.
Magistrates,
&c. assaulted.
General Issue.
Sabbath-Breaking
punishable
by a
Fine of 200 lb
Tobacco.
Penalty on
House-keepers
selling
strong liquors
on
Sunday, &c.
This Act to
be read by every
Minister. |
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 virtue 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.
V. Provided always, That
no Offender shall receive above Thirty-nine
Lashes, or be kept in the Stocks above Three Hours, upon any one Conviction.
VI. And be it
Enacted, That every Magistrate, or other Officer, appointed
to put this Act in Execution, and being guilty themselves of Cursing,
Swearing, or Drunkenness, or omitting to punish others according to
Law,
shall for every such Offence or Omission, and Conviction thereof, in
Manner
aforesaid, before ay other Magistrate or Officer aforementioned, forfeit
Ten
Shillings Current Money; to be levied and applied as aforesaid.
VII. And be it
Enacted, That if any offender shall revile or abuse any
Magistrate, or other Officer, putting this Act in Execution, the Offender
shall be obliged to give good security (in the Sum of Five Pounds Current
Money) for his good Behaviour for the Space of Three months, and in
Default
thereof to suffer one Month's Imprisonment,, without Bail or Mainprize.
VIII. And be
it Enacted, That if any Magistrate, or other Person putting
this Act in Execution, shall be assaulted or beaten by the Offender,
or
any other, that the party grieved, if he brings an Action of Assault
and Battery,
shall and may recover treble Damages and full Costs.
IX. And be it
Enacted, That if any Person shall be sued or impleaded for
any Thing to be done in execution of this Act, the Defendant may plead
the
General Issue, and give this Act and the Special Matter in Evidence;
and if
a Verdict shall be found for the Defendant, or the Plaintiff be Non
suit,
or discontinue his Action, the Defendant shall have and recover treble
Costs.
X. And be it
Enacted, That no Person whatsoever, shall Work, or do any
bodily Labour on the Lord's Day, commonly called Sunday, and that no
Person,
having Children, Servants or Slaves, shall command, or wittingly or
willingly suffer any of them to do any manner of Work or Labour on
the
Lord's Day, (Works of Necessity and Charity always excepted) nor shall
suffer or permit any Children, Servants or Slaves, to profane the Lord's
Day,
by Gaming, Fishing, Fowling, Hunting, or unlawful Pastimes or Recreations:
And that every Person transgressing this Act, and being thereof convict,
by the Oath of one sufficient Witness, or Confession of the Party before
a single Magistrate, shall forfeit Two Hundred Pounds of Tobacco
to be
levied and applied as aforesaid.
XI. And be it
likewise Enacted, That no House-keeper shall sell any
strong Liquor on Sunday, (except Cases of absolute Necessity) or suffer
any Drunkenness, gaming, or unlawful Sport or Recreations, in his or
her
House, on Pain of forfeiting Two Thousand Pounds of Tobacco to his
Lordship,
one Half to the Use aforesaid, and the other Half to him that will
sue
for the same; to be recovered by Action of Debt, Bill, Plaint or Information,
wherein no Essoin, Protection or Wager of Law shall be allowed.
XII. And be it
Enacted, That every Parish-Clerk within this Province,
shall procure a Copy of this Act, which the County Clerks are hereby
required
to suffer the Parish-Clerks to take, without Fee or Reward, for which |