CHAP.
XXIII.
Masters of
Ships shall
bring Testimonials
of
their Offences,
and
Time of Servitude.
Penalty.
And shall
lodge such
Testimonials
with the
County
Clerk.
Penalty.
An attested
Copy thereof
shall be full
Evidence.
An Oath to
be taken before
the Naval
Officer by
every Importer
of Servants.
Penalty on
Importers of
Servants refusing
to take
such Oath.
Penalty on
Naval Officers
neglecting
to administer
the same.
False Swearing
herein,
to be punished
as Perjury.
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V. 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 every
Master of a Ship,
or Vessel, that shall import any Felons or Offenders, from and after the
Tenth Day of November, which shall be in the Year One Thousand Seven
Hundred and Twenty-nine, shall be obliged to bring an authentic Testimonial
of the Offence, or Offences, whereof such Felon or Offender hath been,
or shall be convict, and the Number of Years he, she, or the, are obliged
to serve, on Pain of forfeiting the Sum of Five Pounds Current Money of
Maryland, for every such Felon or Offender; one Half to the lord
Proprietary,
to be applied to defray the Charge of the County wherein such Ship
or Vessel shall ride at Anchor, the other Half to him or them who shall
sue
for the same, to be recovered by Action of Debt, Bill, Plaint, or Information,
wherein no Essoin, Protection, or Wager of Law, to be allowed.
VI. And be it
further Enacted, by the Authority, Advice and Consent aforesaid,
That such Testimonial or Testimonials, shall be lodg'd by the master,
or chief Officer of such Ship or Vessel, importing such convicted person,
with the Clerks of the respective County Courts within this Province, into
which such Felons or Offenders shall be imported and Sold, under the Penalty
of Five Pounds for every Offence; to be recovered and applied as
aforesaid: And any Copy or Copies of such Testimonial or Testimonials,
under the Hand of such County Clerk, shall be received and admitted as
full
and conclusive Evidence, to prove the Matter therein contain'd.
VII. And for
the better Discovery of Felons and other Offenders, Be
it
Enacted, by the Authority aforesaid, That all Persons
importing or bringing
any Servant or Servants into this Province, by Land or by Water. shall
be
obliged by Virtue of this Act, to declare upon h Oath
(or Affirmation if a
Quaker) to the Naval Officer of the Port or District into which such Servant
or Servants shall be imported or brought. " Whether any such Servant
" or Servants, have been convicted of any Crime, to the Knowledge of the
" Person or persons so importing such Servant or Servants, and if any,
of
" what Crime:" And that if it shall appear by the Oath, (or Affirmation
if
a Quaker) of such Person or Persons, or by any other legal Evidence, that
any such Servant or Servants, hath or have been convict of any Felony,
or
other Offence; such Felon, or Offender, shall serve the same Term of Years
as is prescribed and directed in and by the said Statutes; any private
Contract
or Agreement to the contrary notwithstanding.
h The Form
of this Oath being too extensive, is altered by the Act of 1729, ch.
26, viz.
" Whether to the best of their Knowledge, such Servant or Servants
be then under Sentence of
" Transportation; and if so, for what Offence, and the Term of Years they
have to serve"
VIII. And be
it further Enacted, That any Person importing or bringing
any Servants in this Province as aforesaid, and that shall refuse to declare
upon
Oath (or Affirmation if a Quaker,) whether to his Knowledge, any such
Servant hath been convict of any Felony, or other Offence, shall forfeit
the
Sum of One Hundred Pounds Current Money, to be recovered to the Uses
aforesaid, in Manner and Form aforesaid; and that every Naval Officer,
neglecting
or omitting to administer such Oath, (or Affirmation if a Quaker)
shall for every such Neglect or Omission, forfeit One Hundred Pounds like
Money; to be recovered and applied as aforesaid.
IX. And be it
further Enacted, That any Person or Persons, so to be Sworn,
(or Affirm if a Quaker) who shall knowingly forswear him or themselves,
or
falsly Affirm, shall be liable to be prosecuted for Perjury: And
in case of Conviction,
shall suffer the same Pains and Penalties as in Cases of corrupt and
wilful Perjury. |
