Table of Contents
with links to the online pages
Note: The above Act, passed by the Nova Scotia
Parliament in 1758, includes this: "one of the ears
of such offender shall be nailed thereto..."
A Google search, done on 24 September 2007
on these two keywords ears nailed turned up
dozens of interesting historical items. In the
1700s, this form of punishment was used in many
jurisdictions in North America, and around the world.
Be it enacted by the Lieutenant-Governor, Council and Assembly, that, from and after the passing of this Act, judgement or sentence shall not be given and awarded against any person or persons convicted of any offence whatsoever, that such person or persons do suffer the punishment of being set in the Pillory, or of having his or their ears nailed thereto, or cut off, or do suffer the punishment of being whipped — any Law, Statute or usage to the contrary notwithstanding.
And be it enacted that in all cases where the punishment of being set in the Pillory, or of having the offender's ears nailed to the Pillory, or cut off, or of being publicly or privately whipped, has hitherto formed the whole or part of the judgement or sentence to be pronounced, or has in any other case been inflicted, it shall and may be lawful for the Court, before whom any such offender shall be tried or convicted, to pass sentence of imprisonment, or imprisonment with hard labor, in the Common Gaol, Bridewell or House of Correction, in the County where such conviction shall take place, or in any Public Penitentiary, Bridewell or House of Correction, which may be hereafter established in any part of this Province; and also, to direct that the offender shall be kept in solitary confinement for any portion or portions of such imprisonment, or of such imprisonment with hard labor — such solitary confinement not exceeding one month at any one time, and not exceeding three months in any one year, as to the Court, in its discretion, shall seem meet.
Nova Scotia Legislative Library, Halifax
The above is the full, complete text of this Act.