An Act for further Defence of the Frontiers of the Colony of New-Jersey

1758, 3 Bush 563

[§3] AND BE IT ENACTED by the Authority aforesaid, 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, bought Servants, or Apprentices, without the express Leave in Writing of their Parents or Guardians, Masters or Mistresses, if any such he hath, first had and obtained; and if any Officer or other, shall inlist any such young Men, Slaves,bought Servants or Apprentices, as aforesaid, and upon Application and due Proof made thereof before any one Justice of the Peace in this Colony, shall refuse to discharge him or them so unlawfully inlisted; then the said Justice 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 inlisted, shall notwithstanding secrete, 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 inlisted, the Sum of One Hundred Pounds, and for every such bought Servant and Apprentice, the sum of Twenty Pounds; to be recovered in any Court of Record within this Colony, where the same is cognizable, 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 Offender's 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.