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of them do ordinarily refide ; or such Purpose or Intention be set up in fair Writing, upon some Post or Door of their Meeting-House, or near the fame, in public View, there to ftand so as it may be read, eight Days before fuch

Marriage. None but

That no Person whatsoever in this State, other than a Magiftrate, or Justice magistrales, justices, and of the Peace, and that within his own County or Jurisdi&tion,

or ordained Miministers nister, and that only within the County wherein he dwells and during the Time have right to he continues fettled in the work of the Ministry, shall join any Persons together join others in in Marriage. marriage.

Nor shall any Magistrate, Juftice of the Peace, or ordained Minister, pre

fume to join any Persons together in Marriage, before the Purpose or Intention Penalty for of the Parties to be married has been published as aforesaid, and before fuch performing said ordi

Magistrate, Juftice or Minister is certified of the Consent of the Parents or nance with Guardians (if any be) of such Parties that are under the Care and Controul of out legal Parents or Guardians, on pain of forfeiting for every such Offence the Sum of publication, Twenty Pounds ; one Moiety whereof shall be to him or them who shall comand consent of parents,&c

plain of and prosecute the same to Effect, and the other Moiety to the Treafury

of the County wherein the Offence shall be committed. And if any Person or Penalty for

Persons shall presume to detace or pull down any Publishment set up in Writ. pulling down ing, as aforesaid, before the Expiration of eight Days after the Time of its beor detacing a ing set up; every such Person or Persons Mall be fined the Sum of Six Shillings, publishment. or be fe in the Stocks one whole Hour.

And in order to prevent incestuous and unlawful Marriages :

Be it further enacted, That no Man fhall marry any Woman within the de. Degrees of grees of Kindred hereafier named in this Ad ; That is to sày, No Man fhall kindred for- marry his Grand-father's Wife, Wife's Grand-Mother, Father's Sister, Mobidden mar- ther's Sifter, Father's Brother's Wife, Mother's Brother's Wife, Wife's Father's riage.

Sister, Wife's Mother's Sifter, Father's Wife, Wite's Mother, Daughter, Wife's
Daughter, Son's Wife, Sifter, Brother's Wife, Wife's Sister, Son's Daughter,
Daughter's Daughter, Son's Son's Wife, Daughter's Son's Wife, Wife's Son's
Daughter, Wite's Daughter's Daughter, Brother's Daughter, Sitter's Daughter,
Brother's Son's Wife, Sister's son's Wife.

And if any Man hall hereafter marry, or have carnal Copulation with any

Woman who is within the Degrees before recited in this A&, every such Mar Such maria- riage shall be, and is hereby declared to be null and void : And all Children ges null and that shall hereafter be born of such incestuous Marriage or Copulation, shall be

forever disabled to inherit by descent, or by being generally named in any Deed or Will, by Father or Mother.

That every Man and Woman who shall marry, or carnally know each other,

being within any of the Degrees before mentioned in this Aa, and fall be conPenalty. victed thereof before the Superior Court, such Man or Woman so convieted,

shall be set on the Gallows the space of one Hour, with a Rope about each of their Necks, and the other Eod cast over the Gallows ; and in che Way from thence to the common Gaol, shall be severely whipt, not exceeding forty Stripes each.

Also every person fo offending, fhall for ever after wear a Capital Letter I, Siigma, to two Inches long, and proportionable Bigness, cut out of Cloth, of a contrary wear the let- Colour to their Cioaths, and sewed upon their upper Garments, on the out-lide ter I, &c.

of their Arm, or on their back, in open View.

And if any person or Pertons convicted and sentenced as aforesaid, for fuch Offence, shall at any Time be found without their Halter fo worn, doring their abode in this State, they shall by Warrant from any one Alliitant or Justice of che Peace, be forthwith apprehended, and ordered to be publicly whipt, not exceeding fifteen Stripes ; and so from Time to Time, toties Quoties.

That it any Man or woman that are within the aforementioned Degrees of Kindred, Mall hereafter marry contrary to the intent of this Act, and

void.

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Where triable.

whose Marriage is by this Act declared null and void, ihall be fo hardy as to To be puconverle together as Man and Wife ; or shall continue to dwell in the same nimed as a: Haule at any Time ; or if any Man or woman who shall hereafter be divorced, cafe they.co. or their Marriage declared null and void according to the Laws of this state, habit, &c. thall cohabit togecher as Man and Wife, and be thereof convicted ; all and eve. ry such Person thall suffer the fame Pains and Penalties as are by Law set and imposed upon such as shall be taken in Adultery.

And it shall be in the Power of the Superior Court to align unto any Woman To beparated, fo feparated, fuch reasonable part of the Eftate of her late Husband, as in their to have part Discretion the Circumstances of the Estate may admit ; not exceeding one third of her hur

band's estate. part thereof.

And whereas the Violation of the Marriage-Covenant is contrary to the commard of God, and destructive to the Peace of Families :

Therefore, Be it further ena&ed by the Authority aforesaid, That if any person or Per- Bigamy pu. fons in this State, being married, or who ih ali hereafter marry, do at any time nishable in presume to marry any other Person, (the former or other Husband or Wife being the same alive), or shall continue to live together-fo married, that then every such Offen- manner as der shali fuffer and be punished as in case of Adoltery; and such Marriage

adultery. shall be, and is hereby declared to be null and void.

Which Offenders Thall be tried in the County where they shall be apprehended.

Always provided, That this Act, or any Thing therein contained, shall not extend to any person or Persons whose Husband or Wife hali be continually remaining beyond the Seas, by the Space of seven Years together, or whose Hul- Proviso. band or Wife shall absent him or her self the one from the other by the Space of seven Years together, the one of them not knowing the other to be living within that Time.

Provided also, That this Ad mall not extend to any Person or Persons whose Husband or Wife has lately, or thall hereafter go to Sea in any Ship or other

Provilo. Veffel bound from one Port to another, where the Passage is usually made in three Months Time; and fuch Ship or Vefiel has not been, or shall not be heard of in the Space of three full Years next after their putting to Sea from luch Port ; or ihall only be heard of under such circumstances as may rather confirm the Opinion commonly received, of the whole Company's being urte.ly loit.

But in every fuch Case, the Master being laid before the Superior Court, and made fo to appear, the Person whose Husband or Wife is, or thall be in this

Care to be Manner parted from her or him, may be esteemed and declared single and un- laid before married ; and upon such Declaration thereof, and Liberty obtained from the the superior said Superior Court, may lawfully marry again; any Thing in this Act to the court. contrary notwithftanding.

Provided also, That this Ad Mall not extend to any Person or Persons that are, or shall be at the Time of such Marriage divorced by any Sentence had, or

Proviso. hereatter to be had, as the Law of this State has in that Case provided; nor to any Person or Persons where the former Marriage has been, or shall hereafter by Tuch Sentence had, be declared to be void, and of none Effect; nor to any Person or Persons for, or by reason of any former Marriage had or made, or hereafter to be had or made within the Age of Consent : That is to say, the Man fourteen Years, and the Woman twelve Years of Age.

Any man And be it further enafted by the Authority aforesaid, Thac if any Man be found in bed found in Bed with another Man's Wife; the Man and Woman fo offending, with another being thereof convicted, shall be severely whipt, not exceeding thirty Stripes; both to be unless it appears upon Trial, chat one Party was surprized, and did not consent, whipt, unless which thall excuse such Party from the Punishment.

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Penalty on And that if any Man shall wear Woman's Apparel, or if any Woman thall men and wo

wear Men's Apparel, and be thereof duly convi&ed ; such Offenders thall be men that wear contra. corporally punished or fired at the discretion of the County Court, not exceed. ry apparel. ing Five Pounds, for the use of the Treasury of the County where the Offence

is committed

owners to be

An Act for regulating Maritime Affairs.
WHEREAS through the bleffing of God upon this state, the Navigation and

Maritime Affairs ibereof are grown to a confiderable Intereft; the well MaPreamble, nagement whereof is of great Concernment to the public Weal: And for the better

ordering the jame, and that there may be known Laws and Rules for all sorts of
Persons employed therein, according to their leveral Stations and Capacities :
Be it and died by the Governor, Council and Representatives

, in General Cours
SECT ( ON I.
I hat wbereas there are many Times differences between Owners of Ships,
Ketches, Barques, Sloops and other Velels in setting forth their joueral Parts ;

wbereby Damage derb accrue to the particular Concerument of Owners; 'end if not Minor part

prevented may be a great Obfruction of Trade, where there are several concerned concluced by as Owners in any Sbip, Ketcb, Barque, Sloop ar other Vedel whatsoever, ujed the major for Traffic, Commerce, Fishing, Log. Board, Wood or Stone Carriage, upon falt part. or fresh Water ; All such Owners of lesser Part shall be concluded for setting

forth of their Part, by the major part of the whole concerned ; such Owners to

copcluded, having Notice given them of the Meeting, and of fuch Conclusion, Any owner

if they be nigh Hand. failing to And in case of any Owner refusing, or by reason of Negle&or Absence, or net provide, &c. able 10 provide for she setting forth his Part, The Master of such Ship or Vessel mafter may may take up upon the Bottom for the setting forth of the said Part; the which utamry.

being defrayed, the remainder of the Income of such Part to be paid by the Matter to the said Owner,

S E C T Į ON II. And in caje of. Freightment, where any Qwner shall refuse to alent to the letOwners refu- ting out of $hip or Vefsel, where he is interested, such Diffeater thall manifeit is

by tome public Act of Proteft, before the figning of Charter-Party ; excepc cilar: party, the Master, the rest of the Owners, or both conceal from him or them their tornake pro- Atting, then his or their Proteft after Charter-Party figned by themselves or teit&c.

Agents, shall be taken for legal Diisent, yet not to hinder the proceed of the
Ship or Vefsel, but that those so sending her forth, shall be liable to respond his
Part upon Insurance, according to the Custom of Merchants ,; which Insurance
is to be defaulked out of that part of hire due for fuch Owners which difsented.
S E C Τ Ι Ο Ν

III.
Whereas Masters of Ships or orber Veljels, have their Owners live part ir ore
Country and part in anorber, whereby they bave in themselves not only Opportunity,
and jome have made Úje thereof, in their own perfoxs to represent tbe major Part
of the Owners in the Place where they come.

It is therefore ena&ted by the Authority aforesaid, That such Mafter fall not

be taken to have Vote in the ordering of such Veffel further than his own In. Marter to

teref, except he make it appear to the rest of the Owners where he is, chat be

is authorized under the Hands of such Owners absent, and then he is to have gle vote, un Votes according to the Proportion of parts he so stands for, and the majority less, &c.

of parts are to carry it as before : Nevertheless it is to be understood, that any Owner hath Power to make Sale of his Part, either to the reft of the Owners, or others, as may be mpit to his own Advantage: And if any Mafter thall pre.

have but lin

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fume to act contrary hereunto, what Damage shall be fustained by the reft of the Owners, the Master shall be liable to make good, it being duly proved againft him.

S E C Τ Ι Ο Ν IV. Every Mafter taking Charge as Master of any Ship, or other Veflel, and not being fufficient to discharge his Place, or that through Negligence or otherwise, Penalty on thall embezel the Owner's or Employer's Stock or Time, or shall fuffer his masters not Men to neglect their due Attenjance on Board, both by Day and Night, efpe- board. cially whist Merchants Goods are on Board, and that himself or Mate be not on Board every Night cotee gnod Orders kept ; upon defect therein, such Malter shall be liable to pay the Damage that shall accrue by such Neglect, it being duly proved againit him.

SECTION V. For the Mafters better securing their Men to them, and to prevent all coven, They shall make clear Agreements with their Mariners and Officers for their Masters to Wages ; and those Agreements enter into a Book, and take the several Men's make parti. Hands thereto ; a Copy whereof, the Master as a Portlidge Bill, Shall leave cular agrees with the Owners, if required of them betore their setting fail upon the Voyage ; and all fuch Agreements the Mafter shall make good to the Seamen, and such Ship or Vefsel as they sail in, shall be liable for to make good the fame,

S E C T 10 N VI. All Masters of greater or lesser Vessels, shall make due and meet Provisions Masters to of Victuals and Drink for their Seamen and Passengers, as the Custom and Ca- make due pacity of the Places they fail from will admit, apon Penalty of paying Dama- provisions. ges luftained for neglect thereof.

8 E C Τ Ι Ο Ν VII. That no Malter shall ship any Seaman or Mariner, that is ship't before by another Maiter, or employed upon a Voyage, nor Mall any Seaman ship himself Penalty for with any other Man, until he be discharged from him that thip’t him firft ; upon hipping feaPenalty of him that entertains him to pay one Month's Wages that such Scaman men belongagrees for, as alto of such Seaman shipping himself to pay one Monch's Wages ing to other

. that he agrees for; the Half thereot to be paid to the use of the poor of the Town of Place where the Offence is committed, the other Half to the Complainer or Informer.

SECTION VIII. No Master of Ship or Vestel shall fail into any Haven of Port, except neceffitated thereunto by Wind or Weather, or for the want of Provision, or for Master not to fecurity from Pirates, but such Port as by Charter-Party, or his Bills of Loading deviate in the he is bound unto, until he hath delivered his Goods according to his Engage- voyagé, unment ; and in Case any Mafter shall take in Goods for more Ports or Places dels accessica-. than one, he shall declare himself

fo to do, to those that freight upon him ; and sed, &c. in Cale he shall voluntarily go to any other Port or Harbour than he is obliged to as aforesaid, if Damage to the Merchant's Goods happen thereby, such Marter shall make good the farne, it being duly proved against him.

SE C T r o N IX. Any Master hired out, or employed by his Owners upon any Voyage, receiving Advice from his Employers, that the alteration of the Voyage when Unless in they are abroad may be much for their Security and Advantage, by going to certain cases. some other Port, the Mafter seeing meet to close with that Advice, the Mariners hall not hinder his proceed, unless where any of the Seamen fhall have made a particular Contract with the Master to the contrary.

Provided, that they be not carried to stay out above one Year, nor be car-
ried to any place where they may be liable to be pressed into a Service they are Provilo. .

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&c.

&c.

S E C Τ Ι Ο Ν X. Wages to be Masters shall see their Officers and Mariners be duly paid their Wages, acpaid accord-cording to Agreement made with them, upon the finishing of their Voyage, ing to agree- without Delay or Trouble ; upon Penalty of paying Damages.for neglect, and all Coits that the Seamen thall be ac for the recovering the fame.

SECTION. XI. Whereas many Times Mafters take in Merchant's Goods on board their Ships or VeDels upon freight, when yet they are not meetly fitted with the fuitable Teck

ling and Seamen, for the fecurity of such Ships or Våffels and Goods. Masters,

Be it further enacted by the Authority aforesaid, That in case any Mafter of thips and sea- Ship or Veffel, after he had laden upon his Ship or Vefsel any Merchants Goods men to bear to be transported, thall, for want of sufficient Ground -Tackle, (if to be had) or loss of goods because of want of sufficient Men being on Board, come ashore to the damage of damnified by such Merchants or Freighters in their Goods, the Ship shall be liable to make their neglect,

good such Damages; and in case the Defect appear to be in the Matter and
Men, both or either, the Owners hall recover such Damage from them.

S E C Τ Ι Ο Ν XII.
Where any Ship-Master hath moored his Ship or Vessel, none other tha!!

come so near to him first moored, as to do him Damage, or receive Damage by Damage of him ; upon the Penalty of him so coming, to make good all the Damage, and goods when, to be further punihed if wilfulness or perverseness in the Action be proved Thips fall foul against him.

S E C Τ Ι Ο Ν XIII.
In case any Master of Ship of Vessel under Sail, shall run on Board any other
Ship

or Vessel at an Anchor, and damnify him, che Party offending shall pay Mafter run, the Damage, and such Ship or Vefsel as he fails in shall be liable to Arreft for ing on board the making good the Damage : The Damage to be judged by indifferent Men anchor, &c. appointed by the Judges thereof ; unless the Parties agree among themselves.

S E C Τ Ι Ο Ν XIV.
Goods
In case of loss of Goods by reason of throwing

some over-board to ease the thrown over

Vessel to save the reft, (which chrowing over of Goods shall not be done withboard to save out the Master and major part of the Company's Consent; or at least of the Offithe reft, to be cers with the Master) : Which Goods hall be brought into an Average, and made good the whole Lofs to be born by Ship and Goods and Wages in Proportion that are by average saved : The like course shall be for cutting of Mafts, and loss thereof; or Boats,

Cables or Anchors; as also of Rigging and Sails, for the safety of the Whole ; the Merchants Goods are to bear a part of the Loss.

S E C T ION XV. Damage by

In case a Ship or Vessel at setting forth, proves deficient, and gives over the insufficient. Voyage, the Charges the Merchant hatb fuftained in thipping and landing his bottom. Goods, shall be born by the Master and Owners of such Vefsel that presumes to "take Goods into an insufficient Bottom.

SECTION XVI. Damage at Any Ship or Veffel at Sea receiving Damage by the Mafter's or Mariner's

Negligence, yet bringeth the Merchant's Goods home, and delivereth them according to Bills of Lading, he fhall receive his Freight : But if the Goods be damnified, the Master or Mariners fhall make good the Damage.

S E C Τ Ι Ο Ν XVII. Damage by If any Ship or Vessel in Storm, thall break loose, and fall upon another, and' thips break- do her Damage for want of Ground-Tackle, the Ship breaking loose shall make ing loofe for good the Damage: But if it appear the Master or Mariners, or both are neglis ground tac- gent of freshing their Hawle, or clearing their Cables, they shall pay the Damage

for such Neglect.

sea.

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