away sea

men.

'The rewards.

CHAP. XVII.

An Act concerning Seamen.

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, That if any seaman, or sailor, belonging to any ship The method or vessel within this dominion, shall run away, or abof appre- sent himself from his service on board, every such hending runseaman or sailor, may be taken up, or secured, and brought before a justice of peace of the county where taken, and by his warrant committed to the next constable, and conveyed from constable to constable, 'til he be put on board the ship or vessel to which he belongs; and the constable so delivering him on board shall take a receipt thereof, from the master, mate, or other officer of such vessel, which being by him produced to the naval officer of the district where such vessel rides, before clearing out, shall entitle him to a reward of five shillings, for every runaway taken up ten miles, or under, from the place where the vessel rides, or ten shillings if above ten miles, to be paid by such naval officer, and reimbursed to him by the master of such ship or vessel at or before his clearing out; and such justice shall also grant a certificate to the taker up, reciting his or her name, the name of the runaway, and of the ship or vessel to which he belongs, the place where taken up, and whether it is ten miles, or more or less, from such ship or vessel, and that the taker up made oath, before him, to the place of taking: Which certificate being produced to the naval officer as aforesaid, shall entitle the taker to a reward of twenty shillings, for every such runaway taken at the distance of ten miles or more, and ten shillings, if under ten miles, to be paid and reimbursed as aforesaid: And if the vessel to which such runaway belongs shall be departed this colony, before he is taken or can be put on board, he may be delivered to the commander or master of any other ship, or vessel, willing to receive him and pay the said rewards: And that the several naval officers of this dominion may pay the said rewards, upon certificates to them produced, out of his majesty's revenue, of two shillings per hogshead;-provided due care be taken that the same be reimbursed as by this act before directed.

escape.

II. And to prevent escapes, Be it further enacted, Penalty on by the authority aforesaid, That if any constable, or officer sufother officer, charged with conducting a runaway sai-fering an lor, or sailors, shall wittingly, willingly, or negligently, suffer him, or them, to escape, or shall not in due time deliver such receipt, as by this act is required to be by him taken upon putting such runaway on board, to the naval officer of the district, as is herein before directed, such constable, or officer, shall forfeit and pay fifty shillings current money for every such offence, to the king, his heirs, and successors, towards the better support of this government, and the contingent charges thereof, recoverable with costs, by action of debt, or information, in any county court.

III. And that if any ordinary keeper, or other per- And on person, shall at any time, entertain, harbor, or conceal, sons harbor. any seaman, or sailor, belonging to any ship or ves- ing seamen. sel, without good proof of his being about lawful business, such ordinary keeper shall forfeit and pay fifty shillings current money, to the informer, recoverable as aforesaid, or on failure of present payment, or security for payment within six months, shall receive thirty lashes on his, or her bare back, well laid on, for such offence: And if any ordinary keeper, or other person, shall harbor, or entertain any seaman, not producing a certificate of his being discharged, under the hand of his last commander, or master, such offender shall be liable to the like forfeiture and punishment, recoverable in like manner.

out leave.

IV. And for the better preventing the desertion of On seamen seamen, It is hereby further enacted, That if any sea- absent with man, belonging to a ship or vessel, within this colony, shall without license of his commander, go on shore, and absent himself from his duty, every such seaman shall, for every such offence, forfeit and pay five shil- . lings current money, to be recovered before any justice of peace, by the master, or any of the crew of the ship or vessel, to which such seaman belongs, and on failure of present payment, or security for payment thereof out of his wages, he shall receive ten lashes on his bare back, well laid on: And that no master of a ship or vessel within this colony, shall hire, receive, or entertain any seaman, without a discharge under the hand of his former commander, under penalty of certificates. twenty pounds current money, for every seaman so

D-Vol. 6,

On ship mas ters hiring men without

Seamen tra

hired, received, or entertained, recoverable with costs, by the master or owner, or owners, of the vessel to which such seaman belongs, by action of debt, in any court of record of this dominion: And that no seaman velling with whatsoever, not being employed by his commander, out certifi- shall travel within this colony, without certificate, uncate of dis- der the hand of his last master, or commander, that charge, may such seaman is by him discharged; and if any seaman be taken up. shall be found travelling without such certificate, he

Diobedient

may be taken up as a runaway, and conveyed on board, in the manner herein before directed; and in such case, the persons taking up and conveying such seaman shall be entitled to the same rewards, and liable to the like penalties upon any escape.

V. And be it further enacted, by the authority aforesailors shall said, That if any seaman or other person hired and he whipped. sent in any sloop, boat, or other vessel, for delivery

Process in

nies.

of goods from on board, or fetching tobacco or other merchandize, shall disobey the lawful commands of his captain, or any officer by him appointed for taking charge of such vessel, such offender, upon complaint and proof thereof made, before any justice of peace, shall have and receive twenty lashes on his bare back, well laid on.

VI. And for preventing and punishing mutinies case of muti- happening on ship-board, It is hereby further enacted, by the authority aforesaid, That if any scaman or other person hired to serve on board any ship or vessel, shall obstinately refuse to obey the just commands of his captain, mate, or other superior officer, or shall lift his hand against, or threaten any bodily hurt, to them, or either of them, or shall wilfully neglect his duty, or refuse to work, not being disabled by sickness or otherwise, it shall be lawful for any two justices of the peace, one of them being of the quorum, residing near the place where the vessel rides, upon complaint to them made, to cause the party so offending to be brought before them, together with the witnesses desired by either party, at some convenient place near such ship or vessel, and summarily to hear and determine such complaint, and upon due proof of such offence, to impose such mulct or fine on the party offending, to be paid to the party injured, as to them shall seem just, not exceeding five pounds current money; and if the nature of the offence shall require it, to order and direct such corporal punishment on

on the offender, as they shall think fit: And if any person so convicted shall not make present payment, or give sufficient security for the same to be made within six months, and also for his future good behaviour, he shall receive on his bare back, thirty nine lashes, well laid on, and then be remanded to his service on board.

VII. And for redressing the just complaints of sea- Duty of commen against their commanders, Be it further enacted, manders. by the authority aforesaid, That every master or commander of any ship or vessel, within this colony, shall provide and allow good and sufficient diet and accommodation, for all persons under his command, on board such ship or vessel, according to the usage in merchant's service; and also shall provide, or cause to be provided and furnished, the like sufficient allowance of wholesome victuals, to all persons by him employed, or sent in sloops, boats,. or other vessels, for the delivery or bringing on board of goods or merchandize, proportionably to the distance of place, and length of time the persons so sent may reasonably be absent: And if any master or commander shall ne- Proceedings glect or refuse so to do, upon complaint thereof made upon sailors' to any justice of peace, residing near the place complaints. where such ship or vessel rides, he is hereby impowered and required, to cause such master or commander to come before him, to answer such complaint, and thereupon to order such satisfaction to the person or persons injured, as to him shall seem just, and if nccessary, thereupon to award execution against the body or goods of such commander: And that if any master or commander of a ship or vessel, within this beating, dominion, shall immoderately beat, wound, or maim, wounding, any seaman belonging to his ship or vessel, any jus- &c. tice of peace, upon complaint thereof to him made, is hereby impowered and required, by warrant under his hand, directed to the sheriff or constable, to cause such master or commander to be brought before him, and upon such complaint being duly proved, to take sufficient security for his good behaviour; and moreover, such master or commander shall be liable to the action of the party grieved, at the common law, for all damages sustained by such beating, wounding, or maiming.

In cases of

And that if any master or commander shall dis- Discharging charge, or cause to be put on shore, any sick or disa- sick or disa bled sailor or sailors, belonging to his ship or vessel, bled men,

or any servant, without taking due care for their maintenance and cure, he shall forfeit and pay ten pounds current money, to the churchwarden or churchwardens of the parish wherein such sailor, or sailors, or servants, shall be put on shore, to be recovered, with casts, by action of debt or informatton, in any county court, and applied towards lessening the parish levy; and he shall also be liable to the action of the churchwardens of that, or any other parish, wherein such sailor, or sailors, or servant, shall become chargeable, for all expences of maintenance and cure; in which action no statute or act of limitation shall be pleaded: And that every inaster, upon discharging a seaman from his service, shall give him a certificate Master dis- under his hand, that the person therein named hath charging a served on board his ship, or vessel, and is by him disseaman shall charged; which shall be sufficient to indemnify any give him a certificate. other person hiring or entertaining such seaman: And if any master shall refuse, upon request of the party discharged, to grant him such certificate, he shall forfeit and pay to such party, five pounds current money, recoverable, with costs, before any justice of peace, who is hereby authorized to hear and determine the same, and thereupon to give judgment and award execution.

Repealing clause.

Commence

act.

VIII. Provided always, That nothing in this act contained shall be construed to limit or restrain the authority and jurisdiction of the lord high-admiral of Great Britain, the vice-admiral of this dominion, or judge of the vice-admiral, for the time being, in any matter or thing properly cognizable in the admiralty

court.

IX. And be it further enacted, by the authority aforesaid, That all and every other acts 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, by the authority aforement of this said, 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.