more than 1

how to be

II. BE it therefore enacted, by the Lieutenant-Govern- Who may or, Council and Burgesses of this present General Assem not keep bly, and it is hereby enacted, by the authority of the same, gelding, or That if any person, being an inhabitant of this colony, spaid mare. and not having a freehold of fifty acres of land, or possessed of, and occupying lands, or tenements, of the value of twenty pounds, or not being a tenant, and occupying lands, or tenements, for which he pays five hundred pounds of tobacco, or fifty shillings current money, or mosby annual rent, shall presume to keep any stoned hoers, or breeding mare, or any more than one gelding, or Jone spaid mare, it shall be lawful for The forfeiany other pee on, being a freeholder, or tenant, qual- ture, and ified accordinaido this act, to take up, and seize, every recovered. horse, mare, colt, kept contrary to this act, and running at large, but the person taking up the same shall give notice thereof, to the owner, in writing, within three days after taking, and three days, at least, before the next court, to be held for the county wherein such owner lives; and if he, or she, shall not appear, at the said court, and make it appear, that he, or she, is an inhabitant of some place, not within this colony, or is a freeholder, occupier, or tenant, as aforesaid, every such horse, mare, gelding, and colt, shall be forfeited to the seizor, for his own use, and he shall have the property' thereof; and if such notice be not given, three days before the next court after such taking up, the owner shall not be obliged to appear 'till the court held next after expiration of the said three days.

Overseers

one gelding,

III. And that no overseer, not being a freeholder, and servants in the county wherein he lives, nor any servant, what may keep soever, shall be owner of any unspaid mare, or keep or spaid any horse, mare, or colt, without the licence in writ- mare, if liing, of his master, or mistress; neither shall keep cenced by more than one, altho' so licenced, upon pain of forfeiting every such horse, mare, or colt, to any person who will inform for the same, recoverable before any justice of peace of the county wherein such offence shall be committed.

their master.

Stoned hor

13 1-2 hands

IV. And for the better improving the breed of ses under horses, Be it further enacted, by the authority aforesaid, high, two That no person whatsoever shall keep upon any lands, years old, or not having a sufficient fence, any stoned horse, being more, found at large, may of the age of two years, or more, and not of the height of be seized. thirteenbands, and a half, each hand containing four inches,standard measure, from the lowest part of the hoof,"

ed to the

seizor.

of the fore foot, to the highest part of the withers, upon pain of forfeiting every such stoned horse, found at large, upon any uninclosed grounds, or forty shilAnd forfeit- lings current money, in lieu thereof: And it shall be lawful for any person being a freeholder, or tenant qualified according to this act, to seize any such horse found at large as aforesaid, and bring him before a justice of peace of the county wher, so taken; and upon oath before him made, by the sizor, and one or more credible witness, or witnesses that such horse was found, and taken up, running storarge, upon uninclosed ground, such justice is henby authorised, and required, forthwith to cause the pune to be measured; and if it shall appear, that suge horse is not of the size, by this act required, the juice shall grant a certificate thereof to the scizor, and thereafter he, or she shall, and may have, and keep, such horse, to his, or her, own use, as his, or her, own proper goods and chattels.

But he must give public

notice.

V. Provided nevertheless, That every person who shall take up such stoned horse, and obtain certificate thereof, shall publish notice of the same, in writing, affixed at the doors of the court-house, of the county, and church, or churches, of the parish wherein such The owner taking shall be, describing the marks, colour, and may redeem brand, of the horse, so taken up: And if within two. his horse, by months after such publication, the owner of such horse shillings, shall pay, or tender, forty shillings current money, within two to the taker up, he, or she, shall accept the same, and restore such horse to his former owner.

paying forty

months.

Repealing

clause.

Commence

VI. And be, it further enacted, by the authority aforesaid, That all and every other act and acts, clause and clauses, heretofore made for or concerning any matter or thing within the purview of this act, shall be, and are hereby repealed.

VII. And be it further enacted, That this act shall ment of this commence and be in force, from and immediately after the tenth day of June, which shall be in the year of our Lord, one thousand seven hundred and fifty-one.

act.

CHAP. XLI.,

An Act against stealing Hogs.

1. BE it enacted, by the Lieutenant Governor, Council, and Burgesses, of this present General Assembly, The punishand it is hereby enacted by the authority of the same, ment of hogThat if any person not being a slave, shall steal any stealers, not being slaves. hog, shoat, or pig, he, or she, shall, for the first of- First of fence, receive on his, or her bare back, twenty five fence. lashes, well laid on, at the public whipping post of the County where he, or she, shall be convicted, or pay down ten pounds current money, to the use of the same county, towards lessening that county levy, and shall moreover, pay four hundred pounds of tobacco, for every such hog, shoat, or pig, one half to the owner thereof, and the other half to the informer, to be recovered, with costs, at the suit of the informer, by action of debt, in any county court of this dominion.

II. And if any person, other than a slave, shall of- Second of fend a second time, and be thereof convicted, he, or fence. she, shall stand two hours in the pillory, on a court day, at the court-house of the county where such conviction shall be, and have both ears nailed thereto, and, at the end of two hours, `have the ears cut loose from the nails; which judgment the respective county courts of this dominion, are hereby impowered to give, and to award execution thereupon: Saving always, to the party concerned, liberty of appeal to the general court, such party giving bond, with good security, in the sum of twenty pounds sterling, for his, or her, personal appearance in the said court, according to the appeal, and to perform and abide their award: And moreover, every such offender shall pay, and satisfy, four hundred pounds of tobacco, for every stolen hog, shoat, or pig, to the owner, and informer, and to be recovered, as aforesaid; and if there be several offenders in one, and the same fact, altho' but one in one fact, hog, shoat, or pig, be stolen, each person may be par- each of them ticularly prosecuted, and upon conviction, shall be liable to the adjudged to suffer the punishment, and pay the whole punishment.

fine as aforesaid.

III. And be it further enacted, by the authority aforesaid, That if any servant shall be convicted of hog

Q-Vol. 6.

Where seve

ral offenders

How ser

stealing, his, or her, master, or owner, shall pay and vants shall satisfy four hundred pounds of tobacco, to be recoverpay for hog-ed, and divided, as aforesaid, whether it be for the stealing.

How slaves

first, or second, offence, and shall be repaid for the same, and costs of suit, by further service of such offender, after his, or her time, due by indenture, contract, or former judgment, shall be expired, at the rate of one hundred and fifty pounds of tobacco, for one month's service, and judgment shall be entered up accordingly.

IV. And be it further enacted by the authority afore-· shall be pro- said, That when any slave, or slaves, shall hereafter secuted, and steal any hog, shoat, or pig, it shall be lawful for any punished for hog-stealing. justice of peace, of the county where such offence shall be committed, upon complaint, or information there

of, to him made, to cause such offender, or offenders, and the witness, or witnesses, to come before him, and if, upon examination, any slave, or slaves, appear to be guilty, to commit him, her, or them, to prison, or bind every such offender, with security, to appear personally before the court, next thereafter to be held, for his county, to answer such complaint, or informa tion, and to abide the judgment of the said court: And the justices thereof are hereby required, to direct the person appointed to prosecute for the king, in the same court, to exhibit a charge, or complaint, in writing, against such slave, or slaves, for such offence; whereupon it shall be lawful for the said court to hear, and determine the matter of such charge, or complaint, without any jury, and to receive, as evidence against the slave, or slaves, so charged, the confession of the offender, the oath of one or more credible witnesses, or such testimony of negroes, mulattoes, or Indians, bond or free, as to them shall seem convincing: And if, in the opinion of such court, the slave, or slaves, so charged, is, or are, guilty, every such offender shall, for the first offence, receive thirty nine lashes, on his, or her, bare back, well laid on, at the public whipping post; and upon a second conviction, shall stand two hours in the pillory, with both ears nailed Punishment thereto, and then cut loose, as is herein before directof false wit- ed: And if any negroe, mulattoe, or Indian, (not being a christian) shall, upon due proof made, or preg nant circumstances appearing to any county court, be found to have given false testimony, on the trial of any slave, for the first, or second offence of hogsteal

First offence.

Second offence.

nesses.

ing, every such offender, without further trial, shall be, by such court, ordered to receive the same corporal punishment, as the slave, tried for hogstealing, would receive upon conviction; and the first justice in commission, sitting at such trial, shall before the examination of such negroe, mulattoe, or Indian, charge such evidence to speak the truth, and shall also inform him, or her, of the consequence of giving false testimony.

V. And be it further enacted by the authority afore- Third of said, That if any person whatsoever, shall be the third fence of hogtime convicted of hogstealing, every such offender, stealing, felshall be adjudged a felon, and shall suffer death, with- ony, no clerout benefit of clergy.

gy.

without ears,

VI. And for the more effectual prevention of hog- Bringing stealing, It is hereby further enacted, That if any per- home hogs, son shall bring, or cause to be brought, to his, or her, hog-stealing, own, or any other house, or on board any ship, sloop, unless the or other vessel, any hog, shoat, or pig, without ears, party proves or shall receive any such, and not immediately disco- his property. ver the same to a justice of peace, he, or she, so offending, shall be adjudged a hogstealer: Provided nevertheless, That any person may bring, or cause to be brought to his, or her, own, or any other house, or on board any ship, sloop, or other vessel, his or her own swine, tho' without ears, he, or she, proving the same to be his, or her, property.

the mark of

VII. And whereas the tributary Indians raise swine, Indians hogs and are suspected, under colour thereof, to steal and shall have destroy the hogs of the other inhabitants, Be it there their town. fore further enacted, by the authority aforesaid, That all Indians whatsoever, keeping swine, shall give them the same mark, which hath been, or by the next adjacent county court shall be, allowed to the town to which such Indians respectively belong: And if any person, not being an Indian, shall buy or receive from Penalty on buying pork any Indian, any pork, and cannot prove such pork, to from any Inbe of the proper mark of the town of Indians, to which dian. the Indian of whom the same was bought, or received, shall belong, he, or she, so offending, shall forfeit and pay one thousand pounds of tobacco; one half to the king, his heirs and successors, for and towards the support of this government, and the contingent charges thereof, the other half to the informer, to be recovered, with costs, by action of debt, in any court of record of this dominion.