Preamble.
a viz. by
1715, ch. 26,
§. 9 and 10,
hereby altered.
Fees due on
Prosecution
of impowered
Servants, at
his Lordship's
Suit, shall be
paid by the
Masters,
and no by
the Public
or County.
Recompence
to be made
the Owners
by Servitude,
not exceeding
3 Years.
Bastard Children
of Women
Servants
to be maintained
by the
Master, &c.
and if the Father
be unknown,
&c.
the Mother
shall make
Recompence
by Servitude,
&c. |
FORASMUCH as it is evident to this present General Assembly, That
the Charges of late arising to the Public, and several of the Counties
within this Province, on the Prosecution of Servants, have been a very
great Burthen to the Public. And whereas it is manifest that several
Felonies,
and other Offences, have been frequently committed by Servants,
which might have been prevented by their Masters, by taking Care to keep
them in due Order and Subjection, and sometimes Servants have been induced
by the Encouragement, and sometimes by the Severity of their Masters, to
commit Felonies and other Crimes, the Masters well knowing that in case
of
Prosecution, the a Expence thereof must have
been borne by the Public, or
the Inhabitants of the County or Counties where the Facts have been committed:
For Remedy of which Evils,
II. Be it Enacted,
by the Right Honourable the Lord Proprietary, by and
with the Advice and Consent of his Lordship's Governor, and the Upper and
Lower
Houses of Assembly, and the Authority of the same, That from and after
the End
of this present Session of Assembly, it shall and may be lawful, to and
for
the several and respective Officers within this Province, to whom any Fees
shall arise due on any Prosecution of the Lord Proprietary, against any
Servants
that shall be imported into this Province, at any Time after the End
of
this Session, to charge the same to, and recover the same from, the Masters
or Owners of such Servants, in the same manner as if they arose due from,
and were the proper Debts of, the Masters or Owners themselves, as by other
Laws are provided: And that it shall not be lawful for any Officer,
or other
Person, to charge the Public, or any County, for any Fees that shall arise
due
on the Prosecution of any such Servants as aforesaid; any Law, Statute,
Usage
or Custom to the contrary in any wise notwithstanding.
III. And be it
further Enacted, by the Authority, Advice and Consent aforesaid,
That it shall and may be lawful to and for the Owners of such Servants
(unless the Offence whereof he, she or they, shall be convicted, be Capital,
and that the Offender or Offenders are actually Executed for the same,)
at or
before the Time of the Expiration of such Servant's Servitude, to carry
such
Servant to the County Court held for their County, and on their making
it
fully appear to the Justices of such Court, how much Tobacco hath been
paid by them for such Servant, on account of such Prosecutions, it shall
and
may be lawful for the Justices of such Court, and they are hereby required,
to adjudge what Time (not exceeding Three years) they shall think reasonable,
to serve the Owner in Recompence to such Fees paid as aforesaid, unless
such Servant can make Payment thereof in some other manner.
IV. And be it
Enacted, by the Authority aforesaid, That all Masters
and
Owners of Women Servants, having Bastard Children, shall be obliged to
maintain such Bastard Children, at his and their own proper Cost and Charge,
during the Continuance of such Servant Woman in his or their Service.
V. Provided,
That it shall and may be lawful for the Justices of the
County Court, where such Bastard Child or Children shall be born, to adjudge
the Mother or Mothers of such Bastard Child or Children, where the
Father is unknown, or incapable to make any Satisfaction, to make her or
their Master or Owners full Satisfaction and Recompence by Servitude,
or otherwise,
for maintaining and supporting such Bastard Child or Children; any
Law, usage or Custom to the contrary notwithstanding. |
