An ACT for compleating the Regiment, in the Pay of the Colony of New-Jersey, to the Number of Five-Hundred effective Men, and making Provision for the same.

1757, 3 Bush 455, 456-457.

[§5] AND BE IT FURTHER ENACTED, That it shall not be lawful to inlist any young Man under the Age of Twenty One Years, or any Slaves who are so for Term of Life, or Apprentices, without the express Leave in writing, of their Parents or Guardian, Masters or Mistresses first had and obtained; and if any Officer or other Person shall inlist any such young Men, Slaves, or Apprentices, as aforesaid, and upon Application and due Proof made before any one Justice of the Peace, in this Colony, shall refuse to discharge him or them so unlawfully inlisted; then he the said Justice of the Peace is hereby impowered and required, to issue his Warrant to any Constable commanding him to take the Body of such young Man, Slave, or Apprentice, and deliver him to his Parents or Guardian, Master or Mistress: And if the Officer or other Person with whom such Person is inlisted, shall notwithstanding secret, detain, or carry away such Person, then such Officer or other Person so offending shall forfeit and pay for every such young Man under the Age of Twenty one Years, so inlisting contrary to the true Intent and Meaning of this Act, the Sum of Five hundred Pounds, for every Slave so enlisted; the Sum of one Hundred Pounds,and for every such Apprentice the sum of Twenty Pounds; to be recovered in any Court of Record where the same is cognizable in this Colony, with full Costs of Suit; and to be paid so much thereof to the Person complaining, as his or her Damages by the said Court shall be adjudged, and the Residue thereof to either of the Treasurers of this Colony, to be applied as by Act of General Assembly shall be hereafter directed. And in Case the Body of such Officer or other Person so offending cannot be taken, then it shall and may be lawful for the Person aggrieved to proceed against him by Attachment, against the Offenders Goods and Chattles, Lands and Tenements in manner and form as is directed by an Act, entitled, "An Act for the better enabling of Creditors to recover their just Debts from Persons who abscond themselves," Saving that the Person complaining shall not be obliged to make the Affidavit therein directed, and the Forfeitures recovered shall be paid as aforesaid.