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Duty and liability of commanders of vessels, in relation

and pay the sum of five hundred pounds, one moiety thereof to be for the use of him or them who shall prosecute for the same to final judgment, and the other moiety to be applied towards lessening the county levy, to be recovered by bill, plaint, or information in the court of the county where the said neglect may happen, and the attorney for this commonwealth, and all others acting, or who may act on behalf of this state in the several counties within the same, are hereby di◄ rected to assist in the prosecution of all offences committed against this act.

And be it further enacted, That the commander of every ship or other vessel that shall hereafter sail from any port or harbour of this state, who shall ship or convey away on board his vessel, any deserter or deto deserters. serters from the continental army, or from the forces

raised for the defence of this state, on being convicted thereof, shall pay for every deserter so shipped and conveyed away, a fine of five hundred pounds, to be recovered as aforesaid, and inure one moiety to the state, and the other moiety to the informer; and all wages or parts of wages and other emoluments that might accrue to such deserter, shall be paid by the captain of such vessel, or the merchant or factor employing such deserter or deserters, into the state treasury. And every commander of any vessel within this state, shall before he sails upon his voyage, make out upon oath, and deliver to the naval officer for the port he shall last sail from within this state, upon his voyage aforesaid, a descriptive list of all his officers, marines, and mariners, belonging to his said vessel for the said voy~ age, together with the wages and other emoluments they are respectively entitled to, upon pain of forfeiting the sum of five hundred pounds, to be recovered Duty of na- and inure in the manner last mentioned. And the naval officers. val officer is hereby directed and enjoined, to transmit the said list immediately to the commissioner of the war office for this state, who is to take the same into consideration as soon as may be, and return such list to the naval officer, certifying the deserters (if any there are) contained therein. And the several naval officers are directed to make out attested copies of such lists so returned, for any person requesting the same, * for which he shall receive three pounds; and if the agent of any officers, marines, or mariners belonging to any

ship or vessel as aforesaid, shall at any time hereafter, pay, deliver, or distribute any share or shares, or parts of a share of any prize which shall hereafter be taken by any such vessel (the commander of which is required by this act to make out such list) to any officer, marine, or mariner, who shall be certified by the commissioner of the war office as aforesaid to be a deserter, such agent shall be accountable to the treasurer of this state for the time being, for the share, or shares, or parts of a share, or wages, or parts of wages, and other emoluments so paid, delivered or distributed, and shall also forfeit the sum of five hundred pounds, to be recovered and applied as last mentioned. And the several Lists of de commanding officers of the respective continental and serters to be state regiments, are hereby required to send descrip- to war office. tive lists of the deserters from their several regiments, to the commissioner of the war office of this state, for the purpose of detecting such deserters.

And whereas many deserters from the aforesaid regiments may be sensible of their folly and wickedness, in violating their faith and oaths, in dishonourably abandoning the cause of their country by desertion, and would gladly be restored to the favour of their fellow. citizens, by a speedy return to their several companies and regiments during the war, or a certain time over and above their several engagements, were it not for the apprehension of an ignominious punishment; therefore to quiet the minds of such, and to prevent all appearance of excuse to any who shall dare to reject the pardon and indemnification in this act hereafter offered;

transmitted

claimed to deserters,

Be it farther enacted by the authority aforesaid, That Pardon prothe governour of this commonwealth be, and he is hereby desired to write to his excellency the com- who return mander in chief of the American army, immediately to their duenclosing a copy of this act, and in the name of the ty. general assembly of this state, requesting him to proclaim pardon to all deserters from the Virginia line of the continental army, who shall within two months after the publication of this act return to their several companies, if on land, and if at sea, within two months after their return, and serve during the war, if so engaged, and if otherwise, shall serve two years over and above the time for which he or they engaged; and the jike pardon is hereby offered to all deserters from the VOL. X. I 2

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forces raised for the immediate defence of this state, who shall return to their duty within the time allowed to deserters from the continental army, and continue in the service in like manner. And in case the commander in chief shall offer pardon as aforesaid, such deserters as shall take the benefit of the same, and all such others as shall take the benefit of the pardon here-in offered, shall be entitled to receive all the bounties, gratuities, and allowances offered or granted, or that are or may be due to the soldiers in the continental or state regiments, for the time that he or they may have Punishment served, as though he or they had never deserted. And of those who all who shall neglect to avail themselves of the benefits neglect the thereof, including such as may hereafter desert from either army, shall, and may be apprehended by virtue of this act, any time hereafter, within the term of ten years; and if apprehended after the expiration of the present war, and before the expiration of the said ten years, shall be committed on board some vessel of war in the service of this state, or into some fort, garrison, or mines belonging to the same; there to serve the term of five years,

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And be it farther enacted, That any person who shall employ for more than forty eight hours, or whe shall conceal or secrete any deserter from the continental army, or the forces of this state, shall forfeit and pay the sum of five hundred pounds, to be recovered and applied as last mentioned: Provided, That any person prosecuted for employing, concealing, or secreting such deserters, shall be deemed and taken to have known him to have been such deserter, unless he shall give in evidence upon the trial, a certificate of some justice of the peace within this state, or of some field officer of the militia thereof, bearing date previous to the time of such employing, concealing, or secreting, certifying that such justice or field officer hath good reason to believe that the person so employed, secreted, or concealed, (mentioning his name and describing his person) is not a deserter.

And to the end that no person shall be subjected to ment of this pay the penalties in this act, provided before the same shall be sufficiently promulgated, Be it enacted, That this act shall not be of any force or effect until forty days after the end of the present session of assembly; that a copy of this act be sent to each of the command

Deserters

allies, how

ing officers of the several regiments in the continental
line from this state, and of the several regiments which
are or may be raised for the immediate defence of this
state, who are hereby directed without delay, to cause
the same to be published in their respective regiments.
And whereas congress hath recommended it to the
respective legislatures, to provide for the apprehend- from the ar-
ing and securing deserters from the army or navy of mies of our
our allies; Be it enacted, That the commanding officer apprehend-
of every militia company within this state, shall pursue ed.
the same steps for apprehending deserters from the ar-
my or navy of our allies, as are prescribed for appre-
hending deserters from the continental army; and all
such deserters so apprehended, shall be committed to
the common jail of the county wherein he or they shall
be apprehended, and the jailer shall thereupon adver-
tise such deserter or deserters four weeks in the Vir-
ginia gazette, to the end that the French consul resid-
ing in this state, may have proper notice thereof, and
take such measures therein, as he shall see fit; and the
same reward and fee shall be paid for such apprehend-
ing and securing as are allowed in the case of desert-
ers from the continental or state forces.

And be it farther enacted, That so much of all for-
mer laws as respects deserters, shall be, and the same
is hereby repealed, except so much of an act entitled
"An act for recruiting the quota of this state in the
continental army," as relates to deserters

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Preamble.

p. 170.

CHAP. XIV.

An act affixing penalties to certain crimes injurious to the Independence of America, but less than treason, and repealing the act for the punishment of certain offences.

WHEREAS by the act "For the punishment of certain offences," penalties are annexed to particular See vol. 9, cases of guilt, which, though inferiour in malignity to treason, are yet injurious to the independence of America; but the following among other doubts have arisen, upon the construction thereof, what court can of right claim jurisdiction of such crimes, and by what mode. of prosecution offenders are to be brought to trial; Be it enacted by the General Assembly, That so much of the said act as comes within the purview of this, from and after the first day of August, in the year of our Lord one thousand seven hundred and eighty, shall stand repealed; but nothing contained in this act concerning the repeal of the aforesaid act, shall give any manner of benefit or advantage to any person or persons, who shall have committed any of the crimes described in the said act before the said first day of August, in the year aforesaid, and shall be tried for the same, before the first day of January, in the year of our Lord one thousand seven hundred and eighty one; but they, and every of them shall, being legally convicted thereof, according to the directions of that act, suffer such fine and imprisonment as they and every of them would have suffered, had this act never been made. From and after the aforesaid first day of AuPunishment gust, in the year of our Lord one thousand seven hunserting that dred and eighty, he or she shall be adjudged guilty of a misdemeanor, and shall be punished with fine and States ought imprisonment, who by writing, or by printing, or by to be dependent on the open preaching, or by express words, shall maliciously, advisedly, and directly maintain or affirm, that the parliament United States of America, or any or either of them ought to be dependant on the crown of Great Britain, or on the British parliament; or who shall maliciously,

of those as

the United

crown or

of Great Britain.

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