Chap. 0016 AN ACT TO PREVENT THE BREAKING OR DAMNIFYING OF LAMPS SET UP IN OR NEAR STREETS, FOR ENLIGHTNING THE SAME. "Whereas the enlight[e]ning streets b}r lamps set up in or near the same, is not only ornamental, but very advantag[i][e]ous to those that pass and repass in and thro' the same in the night-time on their lawful business,- Be it enacted by the Lieutenant-Governour, Council and House of Representatives, [Sect. 1.] That if any person or persons shall wilfully break, remove or damnify any lamp or lamps set up or placed in or near any street for enlightning the same; or shall, between the s[i][e]tting of the sun and the rising thereof, extinguish the light of any such lamp, or be aiding and assisting therein, and be thereof convict, by the confession of the party or parties, or the oath of one or more credible witness before two justices of the peace, quorum units, who are Penalty for the first offence;- for the second offence:- in case of negroes, Indians, or mulat-toes. Application of fines. Proviso. Limitation. herelw impowered to hear and determine the same, he or they so offending, shall, for every such offence, pay a fine not exceeding five pounds, at the discretion of the court or justices before whom the conviction shall be, and costs of prosecution; and if an}' person or persons so convicted shall afterwards presume so to break, remove or damnify any such lamp or lamps, or extinguish the light thereof, and be thereof convicted as aforesaid, he or they so offending, shall, for every such offence, pa}- a fine not exceeding ten pounds, at the discretion of the justices or court before whom the conviction shall be, and costs of prosecution ; and where any such offender shall not pay the fine within six hours after sentence given therefor, the offender shall be punished for such offence by being imprisoned not exceeding six months : and in case the person committing the offence afores[e"']d be a negro, Indian or molatto servant, such serv[a"]t, instead of his being imprisoned, may, upon the first conviction, be publickly whipped, not exceeding ten stripes, and upon a [2d] [second] or any after conviction, not exceeding twenty stripes. [Sect. 2.] And all such fines shall be applied in this manner; namely, out of the same the owner or owners of such lamp or lamps shall be paid the damages he or the}' have sustained b}- their lamps being so broken, removed or damnified ; and the residue shall be to him or them that shall inform of any breach of this act, and prosecute the same to effect. Provided always,- [Sect. 3.] That the owners of any lamps placed or set up as aforesaid, may at any time take down or remove the same, or extinguish the light thereof, anything in this act notwithstanding. [Sect. 4.] This act to continue and be in force five years from the publication thereof, and no longer. [Passed January 5 ; published January 6, 1753.