CHAP.
XLIV.
If the Value
of the Goods
exceed 1000
lb Tobacco,
the Party
grieved may
have Action
of Damage.
Offenders not
able to pay,
may be whipped.
Times of
Servitude of
Imported
Servants,
without Indentures,
settled
according
to their
Ages.
Except Servants
from
Virginia.
Servants imported
without
Indentures,
to be
brought into
Court within
6 Months and
their Ages
adjudge.
Relief from
such Judgment
how to
be had.
Servitude of
imported Servants
to commence
from |
firs had and obtained from such Servant's Master, Mistress, Dame or
Overseer,
for his so doing, under the Penalty of Two Thousand Pounds of Tobacco;
the one half thereof to his Majesty, his Heirs and Successors, for
the Support of Government, the other Half to the Master, Mistress, or true
Owners of such Goods so purloined, bartered, or conveyed away, when proved
by sufficient Witness, or Confession of the Party; to be recovered in any
Court of Record of this Province, by Action of Debt, Bill, Plaint or
Information,
wherein no Essoin, Protection or Wager of Law to be allowed.
XI. And be it further Enacted, by the Authority,
Advice and Consent aforesaid,
That if the Goods so traded or bartered for as aforesaid, shall exceed
the
Sum of One Thousand Pounds of Tobacco; then the Party or Parties, whose
Goods shall be embezzled or bartered away as aforesaid, shall have his
Action
at Law for the Damage sustained, against the Person or Persons so offending,
dealing or bartering for the same; any thing in this Act to the contrary
notwithstanding.
XII. And in case such Person or Persons so
offending, shall not be able to
satisfy the same, then such Person or Persons shall be bound over by some
one
Justice of the Peace, and put in Security, either to appear at the next
Provincial,
or County Court, where, upon Conviction by Confession, or sufficient
Witness, the Offender shall be punished by Whipping on the bare Back
with Thirty Stripes.
XIII. And for the ascertaining and limiting
Servant's Times of Servitude;
Be it Enacted, by the Authority, Advice and Consent aforesaid, That
whosoever
shall transport any Servant into this Province, without Indenture, such
Servant, being above the Age of Twenty-two Years, shall be obliged to serve
the full Time of Five Years; if between Eighteen and Twenty-two Years,
without Indentures, Six Years; of between Fifteen an Eighteen, without
Indentures, Seven Years; if under Fifteen, without Indentures, shall serve
till he or they arrive at the full Age of Twenty-two Years.
XIV. And be it further Enacted, by the Authority,
Advice and Consent aforesaid,
That all Servants transported out of Virginia into this Province,
shall
compleat their Time of Servitude here, which they ought to have served
in
Virginia, and no more.
XV. And be it further Enacted, by the Authority,
Advice and Consent aforesaid,
That every Master, Mistress, Dame, Assignee or Trustee whatsoever,
owning or keeping any such Servants as aforesaid, whether by virtue of
Transportation, Purchase, or otherwise, shall within Six Months after the
receiving
such Servants into their Custody, within this Province, (except he,
she or they, claim by Five years Service of such Servants) bring the said
Servants into the respective County Courts, where they so inhabit; and
every
of the said Courts, are hereby authorized to judge and determine of the
Age
of Servants so brought, and cause the same to be entered upon Record:
And every Owner, as aforesaid, neglecting or refusing to being such Servant
or Servants before the Court as aforesaid, shall not only stand to the
Determination
of the Court, but also forfeit the Sum of One Thousand Pounds of
Tobacco to the King, his Heirs and Successors, for the Support of Government.
And any Master or Servant aforesaid, be grieved with the Determination
of the Court, he shall, within the Time determined for their Service,
Produce an authentic Certificate of such Servant's Age, and shall have
Remedy to the Ages aforementioned.
XVI. And forasmuch as Disputes have formerly
arose, at what Time Servants
Time of Servitude, whether by Indenture or otherwise, should commence;
Be it Enacted, by the Authority, Advice and Consent aforesaid,
That |