[Footnote 527: Act of 1749: in _Acts and Laws of R. I._ (Newport, 1767), 6; also _ibid._ (Newport, 1752), 67, 68. By the earlier statute as given in _Acts and Laws_ (1745), 118, the punishment is thirty-nine stripes or a fine not exceeding 10 pounds.] In Connecticut a brand appears to have superseded the death penalty at least by 1673, as shown in the code of that year. The provision of this code is retained almost exactly in the compilation of 1769, requiring "that whosoever shall commit adultery with a Married Woman or one Betrothed to another Man, both of them shall be severely Punished, by Whipping on the naked Body, and Stigmatized or Burnt on the Forehead with the Letter _A_, on a hot Iron: And each of them shall wear a Halter about their Necks, on the outside of their Garments, during their Abode in this Colony, so as it may be Visible: And as often as either of them shall be found without their Halters, worn as aforesaid, they shall, upon Information, and Proof of the same, made before an Assistant or Justice of the Peace, ... be Whipt, not exceeding Twenty Stripes."[528] [Footnote 528: _Acts and Laws of Conn._ (New Haven, 1769), 7; _The Book of Gen. Laws, 1673_ (Hartford, 1865), 2, 3; nearly the same in _Acts and Laws_ (New London, 1715), 4, and _ibid._ (New London, 1750), 7.] As a detail of interest it may be observed that nowhere save in Connecticut is the continuous wearing of a halter provided for by statute; although for offenses other than adultery several decisions show that during the seventeenth century this punishment was employed in the Bay Colony.[529] Furthermore, in Connecticut, as will hereafter appear, the law of incest differs from that of adultery in not requiring a rope to be so worn.