An Act for raising One Thousand effective Volunteers, Officers included, for his Majesty's Service in the ensuing Campaign, and making Provision for the same; and for other Purposes therein mentioned.

March 15, 1759, 3 Bush 621,622-623

[§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 Guardians, Masters or Mistresses, if any such he hath, 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 inlisted, 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 Attachments 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.