An Act for the raising and maintaining One Hundred and Twenty effective Men, for the Defence of the Frontiers of the Colony of New-Jersey

1757, 3 Bush 495-496

[§3] AND BE IT ENACTED by the Authority aforesaid, That it shall not be lawful to enlist any young Man under the Age of Twenty one Years, or any Slaves who are so for term of Life, bought Servants or Apprentices, without the express Leave in writing of their Parents or Guardians, Masters or Mistresses first had and obtained; and if any Officer or others shall enlist any such young Men, Slaves, bought Servants,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 enlisted; then 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, Servant or Apprentice, and deliver him to his Parent, Guardian, Master or Mistress: And if the Officer or other Person, with whom such Person is enlisted, 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 enlisting, 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 bought Servant, or 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 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 Chattels, Lands and Tenements, in Manner and Form, as is directed by an Act, entituled, 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.