66 LAWS OF MARYLAND.—1723.
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bail or mainprise ; and that, for the second offence, the offender
being thereof convict as aforesaid, shall be stigmatized by burn-
ing in the forehead, with the letter B, and fined forty pounds
sterling to the lord proprietor, to be applied and levied as afore-
said; and, in case the same cannot be levied, the offender shall
suffer twelve months' imprisonment, without bail or mainprise;
and that, for the third offence, the offender being convict as
aforesaid, shall suffer death, without the benefit of the clergy.
The punishment of boring and burning, and whipping, directed by this
act, is repealed by 1819, ch. 4.9. |
Swearers to
be fined. |
SEC. 2. And be it enacted, That every person that shall
hereafter profanely swear or curse, in the presence and hearing
of any magistrate, minister, the commissary-general, secretary,
sheriff, coroner, provincial or county clerk, vestryman, church-
warden or constable, or be convicted thereof before any magis-
trate, 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. |
Drunkards
to be fined. |
SEC. 3. 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 magis-
trate, shall be fined for every offence five shillings current
money, to be applied as aforesaid. |
How they
may be
punished,
&c. |
SEC. 4. 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 free-
holder, or other reputable person,) to be whipped, or put in the
stocks, and for that purpose to appoint any person, (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 current 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 repu-
table persons, 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.
See note to sec. 1. |
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