Page images
PDF
EPUB

Appropriation of the seizure.

Persons ex

cepted out

of this act. y

Preamble.

the sheriff shall pay him, her, or them, by order of
the justice, for their cattle, according to the sale, af-
ter deducting a proportionable part of the charges;
and at the expiration of the said three months, the
money arising from the sale shall be appropriated,
one moiety to the churchwardens of the parish where
the driver shall be convicted, for the use of the parish,
and the other moiety to him, her, or them, who did
inform or prosecute, and shall be paid them by the
sheriff accordingly; and the sheriff shall return an
account of the sales, to the clerk's office, to be lodged
among the records of the county.
III. Provided always, That nothing herein contain-
ed shall be contrued to extend to any of the inhabi-
tants of this colony, who shall buy any nett cattle, and
be driving them home, or to any persons coming with
their families, and stocks, to settle in this colony.
IV. And whereas the importation of horses, is of
no advantage to this colony, the stock of them being
already sufficient for the inhabitants, and the impor-
ters commonly vagrant people, who drain great sums

of money out of this government, and pay nothing to

Buty on horses imported.

Collectors, and their sa

lary.

wards the support thereof.
V. Be it further enacted, by the authority of resaid,
That from and after the passing of this act, there shall
be levied and paid to our sovereign lord the king, his
heirs and successors, for all horses, mares, and colts,
imported, or brought into this colony, for sale, either
by land, or water, from any place or port whatsoever,
in America, by the owner, or importer thereof, ten
pounds for every such horse, mare, or colt, to be ap-
propriated to such uses, as the General Assembly shall
from time to time direct. -
WI. And be it further enacted, That the governor,
or commander in chief of this colony, for the time be-
ing, with the advice of the council, shall and may ap-
point such, and so many, collectors of the duty im-
posed by this act, as he shall think fit; which collect-
or shall reside near the frontiers of this colony, and
shall be allowed a salary of six in the hundred, for
receiving the said duty, and shall account for the same
to the treasurer of this colony, for the time being, in
such manner, and under such penalty, as the collect-
ors of the duty upon liquors, are obliged to account.
II. And be it further enacted, That the importers
of every horse, mare, or colt, liable to pay duty, by
o

w

r virtue of this act, bringing any such horse, mare, or The method ‘. . colt, into any place, or port, within this colony, shall ::::::: o so within six days next after his arrival, and before he'É. duty. , ty offers the same to sale, make a true and just"entry, o as: upon oath, with the next collector of the duty, of the shot size, colour, mark, or brand, of every such horse, ris' mare, or colt, and also of the name, and place of abode, i of the owner, and last owner thereof, and shall at the rt same time pay down the duty, or give bond to the said | i. collector, with one security, at the least, who shall be lo a known, and responsible inhabitant, or inhabitants, of this colony, for the payment of the said duty withgo in three months: And the importer failing to make Penalty on such entry, pay down the duty, or give security, as making false aforesaid, or making a false entry, shall forfeit and *Xo no pay one hundred pounds; and every horse, mare, or ...: colt, by him imported, shall and may be seized by the duty. so any magistrate, or officer whatsoever, and shall be forfeited and sold: And if any collector, or collectors, Onofficers of the duty imposed by this act, or any other person, ...; †: or persons, deputed and appointed, by or under them, jo. at : or any of them, or any other authority whatsoever, a false entry. shall directly or indirectly, take, or receive, any bribe, recompence, or reward, in any kind whatsoever, s or shall connive at any false entry of any horses, mares, or colts, liable to a duty, or custom, by virtue of this act, by means whereof, the duties or customs ... shall be lost, the person or persons therein offending, shall forfeit and pay the sum of one hundred pounds, and be forever afterwards, disabled in his said office, ". and rendered incapable of holding any office, or em| ployment, relating to the customs, within this colony, and dominion; and the person or persons giving or paying any such bribe, reward, or recompence, shall forfeit and pay one hundred pounds. VIII. Provided always, and be it further enacted, Drawbaek That if the importer of any horses, mares, or colts, of Pon or. * which the duty according to this act, shall be paid, ..." or secured to be paid, shall within three months after the importation thereof, into this colony, be willing to export the same, he shall make oath, before the collector, with whom at their importation they were entred, that the horses, mares, or colts, to be exported, are the same that were entred, and that he hath not sold or swapped them since their entry, and that the said horses, mares, or colts, shall be exported out of this colony, within three days, and shall not be sold, o or swapped therein; and then it shall be lawful for the said collector, and he is hereby required and enjoined, to allow the said importer the whole duty, or customs, paid for the said horses, mares, or colts, so - to be exported, anything in this act contained, to the contrary, in any wise notwithstanding: And every rson making a false oath, in this respect, shall be iable to and suffer the penalties inflicted by law, for wilful and corrupt perjury, and moreover, such horses, mares, or colts, so to be exported, shall be forfeited, and sold. - -- * * * * - - * * IX. And be it further enacted, by the authority aforeof: said, That every collector, upon receipt of the duty *...* by this act imposed, or taking bond for the same, is duties paid hereby enjoined, and required, to give a receipt under or secured his hand, for the money by him received, or bond taken, expressing the number of horses for which the same were paid, or bond taken, and the time of payment or taking thereof, with a. description of such Importer not horses, to the person paying or giving the same: And producing every importer, liable to the payment of the duty b ‘hool. virtue of this act, shall, if thereto required, by any o #. ficer, or magistrate, in this colony, at any time after penalties of the expiration of three days, from the time of such this act. importation, produce and show to the said officer, or magistrate, such receipt: And if such importer shall fail to produce such receipt, such failure shall be taken for a conviction, that the duty, for which no receipt shall be produced, hath not been duly answered, and such importer shall be liable to the penalties by this act inflicted, and such horses shall and may be seized and forfeited, for not making an entry. Travellers, X. Provided always, That nothing in this act conand Persons tained, shall extend, or be construed to extend, to any . *. traveller, who shall bring with him into this colony, exempted such horses as are necessary for his journey, and shall out of this not sell or swap the same in this colony; or to any peract. son or persons, who shall be actually moving their families and effects into this colony, to reside therein. XI. And whereas the crime, and offence, of stealing horses, is of late years more frequent, especially in the frontier counties of this colony, to the great detriment and loss of many of his majesty's good subjects, occasioned for want of due prosecution, and punishment, of offenders therein, and for want of encouragement to such persons as shall vigorously endeavour the apprehending of such malefactors; for prevention whereof, Be it further enacted, by the authority afore-Reward for said, That all and every person and persons, who *::::::: shall apprehend, and take any person, guilty of the “” stealing of an horse, and shall prosecute him, her, or them, so apprehended and taken, until he, she, or they, be convicted thereof, such apprehenders or takers, for his, her, or their reward, shall have and receive the sum of ten pounds, within two months after such conviction, to be paid by the treasurer of this colony, for the time being, he, she, or they, tendering to the said treasurer, under the hand of the clerk of the general court, or court of Oyer and Terminer, a certificate of the conviction of such felon or felons, for the said of. fence, and in what parish the same was committed; and also, that such felon or felons was or were taken by the person or persons claiming the said reward; and in case any dispute shall arise between the parties, so apprehending the said felons, touching the right and title to the said reward, that then the judges of the general court, or court of Oyer and Terminer, before whom the felon or felons shall be convicted, respectively, shall, in and by the said certificate, direct and appoint the rewards to be paid, to and amongst the parties claiming the same, in such shares and proportions, as to the said judges shall seem reasonable: And in case any person or persons shall happen to be killed, by any such horse-stealer or horsestealers, endeavouring to apprehend, or making pursuit after him or them, that then the executors or ad-Reward to ministrators, or such person or persons, to whom the oxecutors, right of the administration of the personal estate of... such person so killed, shall belong, upon certificate in pursuit, delivered under the hands and seals of two justices of or taking the the peace of the county where the fact was committed, felon. of such person's being so killed, (which certificate the said justices, upon sufficient proof before them made, are required immediately to give) shall receive the sum of fifty pounds, to be paid by the said treasurer. XI. And whereas the horse-stealers, in this and the neighbouring colonies, have established themselves into a confederacy, for carrying on that most villainous practice, so that horses stolen here are usually handed to persons to sell, at a great distance from the place where they were stolen; and at other times horses are stolen, and afterwards' turned loose, and taken up as strays, by the person who stole such R—Vol. 6.

How to be obtained

Horses imported for sale, or sold, without certificate, forfeited.

Accessaries in horse. stealing.

May be prosecuted, although the principal felon not convicted.

horses, in order to screen themselves from the penalty of the law; for preventing which mischiefs for the future. XII. Be it further enacted, by the authority of resaid, That no person or persons whatsoever, shall pass through this colony with led horses, or expose to sale any horse, mare, or colt, without producing a separate certificate, under the seal of the colony, from whence he, she, or they shall bring the same, setting forth the size, colour, flesh marks, and brand of such horse, mare, or colt, together with such persons property therein, to any person or persons, demanding a sight of the same. And every importer of horses into this colony, for sale, shall with every horse, mare, or colt, he, she, or they shall sell, deliver to the purchaser thereof such certificate; which certificate such purchaser shall in like manner produce, to any person or persons demanding a sight of the same, and in case such importer or purchaser shall fail, or refuse to produce such certificate, when thereto required as aforesaid, every horse, mare, or colt, for which no such certificate shall be produced, shall be forfeited.

XIV. And forash;uch as felons are much encour

aged to steal horses, because a great number of per-
sons make a trade, to receive and buy of such felons
the horses by them feloniously taken, and also do make
it their business to conceal such off nosers, after the
said fact, knowing such felonies to be by them commit-
ted; Be it therefore enacted by the authority aforesaid,
That if any person or persons shall receive, or buy,
any horse that shall be feloniously taken, or stolen,
from any other person, knowing the same to be stolen;
or shall harbour or conceal any horse-stealer, know-
ing him, her, or them to be so, such person or persons
shall be taken and received as accessary or accessa-
ries to the said felony, and being of either of the said
offences legally convicted, by the testimony of one or
more credible witness or witnesses, shall incur and
suffer the pain of death, as a felon convict.
XV. Provided always, That if any such principal
felon cannot be taken, so as to be prosecuted and con-
victed of any such offence, yet nevertheless it shall
and may be lawful, to proscoute and punish every
such person and persons, buying or receiving any
horses stolen, by any such principal felon, knowing
the same to be stolen, as for a misdemeanor, to be

« PreviousContinue »