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a horse-steal

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whereof, Be it further enacted, by the authority afore- Reward for said, That all and every person and persons, who apprehendshall apprehend, and take any person, guilty of the stealing of an horse, and shall prosecute him, her, or them, so appréhended 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 offence, 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 executors, &c. of perright 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 then 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.

sons killed

Horses im

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 aforeported for said, That no person or persons whatsoever, shall sale, or sold, pass through this colony with led horses, or expose to without cer- sale any horse, mare, or colt, without producing a tificate, for- separate certificate, under the seal of the colony, from

feited.

Accessaries

in horse stealing.

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 forasmuch as felons are much encour-. aged to steal horses, because a great number of persons 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 offenders, after the said fact, knowing such felonies to be by them committed; 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, knowing him, her, or them to be so, such person or persons shall be taken and received as accessary or accessarics 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.

May be proXV. Provided always, That if any such principal secuted, al- felon cannot be taken, so as to be prosecuted and conthough the victed of any such offence, yet nevertheless it shall principai feIon not conand may be lawful, to prosecute and punish every victed. 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

punished by fine and imprisonment, or other such corporal punishment as the court shall think fit to inflict, altho' the principal felon be not before convict of the said felony, which shall exempt the offender from being punished as accessary, if such principal felon shall be afterwards taken and convicted.

XVI. And be it further enacted, That the several forfeitures which shall or may arise, by virtue of this act, in respect of the duty on horses, shall be divided into two equal parts, one moiety whereof shall be to our sovereign lord the king, his heirs and successors, for and towards the better support of this government, and the contingent charges thereof, and the other moiety to him or them that will inform and prosecute for the same, to be recovered with costs, by action of debt or information, in any court of record within this colony, wherein no essoin, protection, wager of law, or more than one imparlance shall be allowed.

XVII. And be it further enacted, by the authority Repealing aforesaid, That one act of Assembly, made in the clause. eighteenth year of his present majesty's reign, intituled, An Act for continuing and amending an act for preventing losses from drivers, passing with cattle through this colony, and for laying a duty on horses; and all and every other act and acts, relating to any thing within the purview of this act, shall be, and the same is and are hereby repealed and made void, any thing in the said act or acts contained to the contrary, in any wise notwithstanding.

CHAP. XLIII.

An Act for repealing several acts of Assembly therein mentioned.

1

WHEREAS the several acts of Assembly, herein after mentioned, are become either useless, obsolete, or otherwise provided for: Be it therefore enacted, by the Lieutenant Governor, Council, and Burgesses of this present General Assembly, and it is hereby enacted, by the authority of the same, That the said several acts of As

The titles of acts hereby repealed.

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sembly herein after mentioned, that is to say, the following acts continued or made in the thirteenth year of the reign of king Charles the second, to wit, chapter the fourteenth, intituled, Burial of servants or others privately, prohibited; chapter the sixty first, intituled, Judgment before Commissioners; chapter the sixty second, intituled, Persons removing into the bay; chapter sixty third, intituled, English weights and measures; chapter the sixty seventh, intituled, Orphans land not to be aliened; chapter the seventieth, intituled, Seating upon others dividends; chapter the hundred and twelfth, intituled, Two acres of corn for each tithable; chapter the hundred and sixteenth, intituled, Exportation of money; also, an act made in the fourteenth year of the said king's reign, intituled, An act against persons that refuse to have their children baptized; also, one other act made in the same year, intituled, An act for punishment of scandalous persons; also, an act made in the fifteenth year of the same reign, intituled, An act concerning the Northern Indians; also, one act made in the eighteenth year of the said reign, intituled, An act commanding law books to be provided for each county; also, an act made in the twentieth year of the same reign, intituled, An act impowering county courts to build workhouses, assisted by the vestries; and one other act made in the same year, intituled, An act concerning the property of tobacco; also, an act made in the twenty fourth year of the sam king, intituled, An act for suppressing vagabonds and disposing of poor children to trades; also, an act made in the twenty sixth year of the same reign, intituled, An act prohibiting the justices of the several county courts from levying tobacco upon the people for their accommodation and expences, whilst they are keeping court; also, an act made in the thirty second year of the same reign, intituled, An act reviving and reinforcing an act made at James-city the twentieth day of October, one thousand six hundred and sixty five, and putting the same in due execution; also, an act made in the thirty fourth year of the same reign, intituled, An act imposing further penalties upon any person or persons that shall publish or declare, that the acts of Assembly of Virginia, are not in force; also, an act made in the thirty sixth year of the same reign, intituled, An act for the better preservation of the peace of Vir

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ginia, and preventing unlawful and treasonable associations; also, an act made in the third year of the reign of king William, and queen Mary, intituled, An act declaring the duty of Tanners, Curriers, and Shoemakers; also, an act made in the fourth year of the reign of queen Anne, intituled, An act for encouragement of the land frontiers; also, one other act made in the same year, intituled, An act to prevent Indians hunting or ranging upon patented lands; shall be, and the said several recited acts of Assembly are hereby repealed, and made void, to all intents and purposes; as if the same had never been made.

CHAP. XLIV.

An Act concerning Strays.

vessels

Rewards for

I. BE it enacted by the Lieutenant Governor, Coun- Persons cil, and Burgesses, of this present General Assembly, taking up and it is hereby enacted, by the authority of the same, strays, or That every person who shall take up any stray horse, adrift, shall mare, or nett cattle, or any sheep, goats, or hogs, or advertise the boat, or other vessel adrift, shall cause a description same. of the marks, brand, stature, and colour, of such horse, mare, or cattle, the mark, and colour, of such sheep, goat, or hog, and the burthen, and built, of such boat, or other vessel adrift, to be publicly affixed at the court house of his, or her county, on two several court days, next after taking up the same, and, for a reward of taking up, shall be paid by the owner, five taking up. shillings, for every such horse, mare, head of cattle, boat, or other vessel; and one shilling for every sheep, goat, or hog: And every person taking up any stray, Penalty on or vessel adrift, and failing to give such notice, or failure to ad making use of any such stray, or boat, or other ves- making use sel, shall forfeit fifteen shillings, current money, to the of the stray, informer, recoverable, with costs, before any justice or-vessel. of the county where the offence shall be committed, and shall moreover pay double damages to the owner. II. And be it further enacted, by the authority aforesaid, That if no owner shall appear, after notice twice

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