Commence Anne, intituled, An act concerning tithables, and one. other act, made in the twelfth year of his present majesty's reign, For amending the said act, and every other act and acts, clause and clauses, heretofore made, for or concerning any matter or thing within the purview of this act, shall be, and are hereby repealed. X. And be it further enacted, That this act shall ment of this commence and be in force, from and immediately after the tenth day of June, which shall be in the year of our Lord, one thousand seven hundred and fifty-one. act.. without li cence. CHAP. XXII. An Act to prevent the clandestine transpor- I. BE it enacted by the Lieutenant Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, Penalties on That no master of a ship, or other vessel, shall transship masters, transporting port or carry any person whatsoever out of this coany person lony and dominion, without a licence, or pass for the same, signed by the secretary of this colony, for the time being, or such other person as he shall depute and authorise for that purpose, upon penalty of answering and paying every debt and duty such person, at his or her departure out of this colony, shall owe, or stand obliged for, to the king, his heirs, and successors, or to any of the inhabitants, merchants, or traders here, by judgment, bond, bill, covenant, account, or any other ways or means whatsoever, to be recovered against such master, by action of debt, in any court of record within this dominion: And that no master of a ship, or any other vessel, shall transport or carry any servant whatsoever, or any negroe, mulatto, Indian, or other slave, out of this colony, without the consent or permission of the person or persons to whom such servant or slave doth of right belong, upon penalty of forfeiting and paying, in The master current money, fifty pounds for every servant, and one hundred pounds for every slave, transported or carried hence contrary to this act, one moiety to our sovereign lord the king, his heirs, and successors, for the better support of this government, and the contingent charges thereof, and the other moiety to the owner of such servant, or slave, to be recovered with costs, by action of debt, or information, in any court of record of this dominion: And moreover, such master shall be liable to the suit of the party grieved, at the common law, for his or her damages. II. And that every such master, offending in any may be sued of the cases aforesaid, shall be liable to be sued at any at any time, time, for any debt due and owing from the person so and held to transported, and for any forfeiture and damages ac- special bait. cruing due from himself by virtue of this act: And whensoever any such action or suit shall be brought against him, the court wherein the same shall be depending, may rule the defendant to give special bail, if they see cause, and shall not allow him to plead in bar, or give in evidence, any act or statute of limitation, any former or other law, to the contrary, notwithstanding. III. And be it further enacted, by the authority afore- Shall be said, That every master of a ship, or vessel, shall, at sworn. the time of his clearing, and before he shall be cleared out hence, before the officers of the customs in the port where the vessel rides, take the following oath. I, A. B. master of the ship, (or vessel) C. do swear, His cath. That I will make diligent inquiry and search in my said ship, (or vessel) and will not knowingly, or willingly carry, or suffered to be carried in my said ship (or vessel) out of this dominion, without such pass as is directed by law, any person or persons whatsoever, that I shall know to be removing hence in order to defraud their creditors, nor any servant, or slave, that is not attending his or her master, or owner. And every mate and boatswain of a ship, or vessel, Mate and shall take an oath to the same effect: Which oaths boatswain the respective officers of the customs, are hereby impowered and required to administer. Provided always, That the taking of the said oath shall not discharge such master from any of the penalties to which he is liable by this act. IV. And be it further enacted by the authority aforesaid, That if any person, not being a servant, or shall also be sworn. pass. Penalties on slave, shall forge or counterfeit any pass, in order to persons who procure a transportation out of this colony, he or forge or counterfeit a she, so forging or counterfeiting, shall forfeit and pay ten pounds current money, one moiety to his majesty, his heirs and successors, towards the better support of this government, and the contingent charges thereof, the other moiety to the informer, recoverable by action of debt, or information, in any county court, with costs of suit; and moreover, every such offender shall stand in the pillory for the space of two hours, on a court day, at the court house of the county where he or she shall be convicted; and if any servant shall forge or counterfeit such pass, or make use of the same, knowing it to be such, in order to obtain a transportation, or to escape out of this colony, by land or water, he or she so offending, and being thereof convicted, shall stand in the pillory two hours, as aforesaid, and receive thirty lashes on his or her bare back, well laid on, at the whipping post. The manner a pass. V. And be it further enacted, by the authority aforeof obtaining said, That it shall not be lawful for the secretary, or any deputy by him appointed, to grant a licence, or pass, for transporting or carrying any person whatsoever out of this colony, unless bond, with two sufficient sureties, be given to the secretary of this dominion, in the sum of two thousand pounds sterling, with condition, to answer and pay every debt and duty the said person, at going out of this colony, shall owe or stand obliged for, by any ways or means whatsoever; or, unless such person shall produce a certificate from a county court clerk, in the form following, "I A. B. clerk of county court, "do hereby certify, That C. D. is, and for some time "past hath been, an inhabitant of this county, and "hath published his intention of going out of this co"lony, according to law, dated," &c. But it shall not be lawful for any county court clerk to issue such certificate till ten days after publication hath been made in his county, of the party's intention to go out of this colony, by a note thereof set up at the county court house, on a court day: And notwithstanding such certificate obtained, if a Caveat be entered in the veat may be secretary's office, to hinder a licence or pass being isentered and sued, and bond given, with one sufficient surety, for allowed five hundred pounds current money, payable to the How a Ca secretary of this dominion, by the party entering such Caveat, with condition, to answer and pay all damages which the party stopped shall recover, it shall not then be lawful for the secretary, if such Caveat be entered with him, or any of his deputies with whom the same shall be entered, to grant a licence or pass, unless the party so stopped shall give counter bond, with one sufficient surety also, to the secretary of this dominion, for double the sum claimed by the person entering the Caveat, with condition, To answer and pay whatsoever the said person shall recover of his pretended claim: Provided always, That the said within two sureties, and all other sureties for persons going out of this colony, after the expiration of two years from sureties dis. the time of their becoming such sureties, shall be dis- charged. charged from all claims and demands whatsoever, for which no suit shall be commenced or prosecuted within that time. If no suit years the in the secre VI. And be it enacted, That the secretary, or his Certificates deputy, to whom any certificate for obtaining a pass shall be filed shall be presented, shall in no case return the said certificate to the person bringing it, but shall file it in his office. tary's office. passes. VII. And for the more easy obtaining a licence, or The secretapass, It is hereby further enacted, That the secretary ry shall apof this dominion, for the time being, shall appoint point depuand keep within each district of this colony, at least ties to grant one deputy, for granting licences or passes according to this act, to any person or persons within such district, legally requiring the same: And if, for the space Penalty on of two months after publication of this act, he shall failure. fail to appoint such deputies, or, having appointed them, shall not certify their names, to the several county court clerks, or shall fail, within two months after any vacancy, to appoint another deputy and certify the same as aforesaid, he shall forfeit and pay fifty pounds current money for every such failure, one moiety to our sovereign lord the king, his heirs and successors, for and towards the better support of this government, and the contingent charges thereof, the other moiety to him, her, or them that shall inform, or sue for the same, in any court of record within this dominion. VIII. And that if any person desirous to go out of And on re. this dominion, in order to obtain a licence or pass, shall offer to give bond with sufficient sureties, or fusal to grant a pass. produce a county court clerk's certificate, according to this act, and the secretary, or his deputy shall refuse, upon request, to grant a licence or pass, no Caveat being entered according to this act, the secretary, or his deputy, so refusing, shall forfeit and pay five hundred pounds current money, one moiety to his majesty, his heirs and successors, for and towards the better support of this government, and the contingent charges thereof, the other moiety to the party Prosecution grieved, prosecuting within twelve months next after in twelve such refusal, to be recovered, with costs, by action of debt, in any court of record of this dominion. months. IX. And to the end every master of a ship, or other vessel, lawfully transporting any person out of this colony, may be enabled to manifest the same, if questioned, after he has lost his licence or pass, Be it furCertificates ther enacted, by the authority aforesaid, That every and passes county court clerk shall register, in his office, all cershall be re- tificates by him issued from time to time pursuant to gistered. this act: That the secretary's deputies shall, in October general court annually, return to the secretary's office, a list of all licences or passes by each of them respectively issued the preceding year: That the clerk of the said office shall register the same, as soon as they come to his hands, or within a reasonable time thereafter: That if the secretary himself shall grant any licence, or pass, he shall cause the same to be registered in his office within a year after granting it: And that if any of the persons aforesaid shall at any time fail in any particular of him or them respectively as aforesaid required, every such person shall forfeit and pay five hundred pounds current money, for every such failure, one moiety to the king, his heirs and successors, for the use aforesaid, the other moiety to the informer, recoverable in manner aforesaid. Penalty on failure. clause. X. And be it further enacted by the authority aforeRepealing said, That all and every other act and acts, clause and clauses, heretofore made, for or concerning any matter or thing within the purview of this act, shall be, and are hereby repealed. Commence ment. XI. And be it further enacted, That this act shall commence and be in force from and immediately after the tenth day of June, which shall be in the year of our Lord one thousand seven hundred and fifty one. |