136 None but magiftrates, Marriages. of them do ordinarily refide; or fuch Purpose or Intention be fet up in fair Writing, upon fome Poft or Door of their Meeting-Houfe, or near the fame, in public View, there to stand so as it may be read, eight Days before fuch Marriage. That no Perfon whatsoever in this State, other than a Magiftrate, or Juftice juftices, and of the Peace, and that within his own County or Jurifdiction, or ordained Minifter, 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, fhall join any Perfons together join others in in Marriage. minifters marriage. Penalty for performing faid ordi nance with out legal Nor fhall any Magiftrate, Juftice of the Peace, or ordained Minifter, prefume to join any Perfons together in Marriage, before the Purpofe or Intention of the Parties to be married has been published as aforefaid, and before fuch Magiftrate, Juftice or Minifter is certified of the Confent of the Parents or Guardians (if any be) of fuch Parties that are under the Care and Controul of Parents or Guardians, on pain of forfeiting for every fuch Offence the Sum of Twenty Pounds; one Moiety whereof shall be to him or them who shall complain of and profecute the fame to Effect, and the other Moiety to the Treafury of the County wherein the Offence shall be committed. And if any Perfon or Perfons fhall prefume to detace or pull down any Publishment fet up in Writ Penalty for puiling down ing, as aforefaid, before the Expiration of eight Days after the Time of its beor defacing a ing fet up; every fuch Perfon or Perfons fhall be fined the Sum of Six Shillings, publishment. or be fe. in the Stocks one whole Hour. publication, and confent of parents, &c And in order to prevent incestuous and unlawful Marriages : Be it further enacted, That no Man fhall marry any Woman within the deDegrees of grees of Kindred hereafter named in this A&t; That is to fay, No Man fhall Kindred for- marry his Grand-father's Wife, Wife's Grand-Mother, Father's Sifter, Mobidden mar- ther's Sifter, Father's Brother's Wife, Mother's Brother's Wife, Wife's Father's riage. Sifter, Wife's Mother's Sifter, Father's Wife, Wite's Mother, Daughter, Wife's And if any Man fhall hereafter marry, or have carnal Copulation with any Woman who is within the Degrees before recited in this Act, every fuch MarSuch maria- riage fhall be, and is hereby declared to be null and void: And all Children ges null and that fall hereafter be born of fuch incestuous Marriage or Copulation, shall be forever difabled to inherit by defcent, or by being generally named in any Deed or Will, by Father or Mother. void. Penalty. Stigma, to wear the let ter I, &c. That every Man and Woman who shall marry, or carnally know each other, being within any of the Degrees before mentioned in this Act, and shall be convicted thereof before the Superior Court, fuch Man or Woman fo convicted, fhall be fet on the Gallows the space of one Hour, with a Rope about each of their Necks, and the other End caft over the Gallows; and in the Way from thence to the common Gaol, fhall be feverely whipt, not exceeding forty Stripes each. Alfo every Perfon fo offending, fhall for ever after wear a Capital Letter I, two Inches long, and proportionable Bignefs, cut out of Cloth, of a contrary Colour to their Cioaths, and fewed upon their upper Garments, on the out-fide of their Arm, or on their Back, in open View. And if any Person or Perfons convicted and fentenced as aforefaid, for fuch Offence, fhall at any Time be found without their Halter fo worn, during their abode in this State, they fhall by Warrant from any one Affiftant or Justice of the Peace, be forthwith apprehended, and ordered to be publicly whipt, not exceeding fifteen Stripes; and fo from Time to Time, toties Quoties. That it any Man or Woman that are within the aforementioned Degrees of Kindred, fhall hereafter marry contrary to the intent of this Act, and duiterers, in whofe Marriage is by this Act declared null and void, fhall be fo hardy as to To be pu- The woman And it fhall be in the Power of the Superior Court to align unto any Woman fo feparated, fo feparated, fuch reasonable part of the Eftate of her late Husband, as in their to have part Difcretion the Circumstances of the Eftate may admit ; not exceeding one third of her hufpart thereof. And whereas the Violation of the Marriage-Covenant is contrary to the command of God, and deftructive to the Peace of Families: Therefore, band's eftate. Be it further enacted by the Authority aforesaid, That if any Perfon or Per- Bigamy pufons in this State, being married, or who shall hereafter marry, do at any Time nishable in prefume to marry any other Perfon, (the former or other Hufband or Wife being the fame alive), or fhall continue to live together fo married, that then every fuch Offen- manner as adultery. der fhall fuffer and be punished as in cafe of Adultery; and fuch Marriage fhall be, and is hereby declared to be null and void. Where tria Which Offenders fhall be tried in the County where they fhall be appre- ble hended. Always provided, That this Act, or any Thing therein contained, fhall not extend to any Perfon or Perfons whofe Husband or Wife fhall be continually remaining beyond the Seas, by the Space of feven Years together, or whofe Huf- Provifo. band or Wife fhall absent him or her felf the one from the other by the Space of feven Years together, the one of them not knowing the other to be living within that Time. Provided also, That this Act fhall not extend to any Perfon or Perfons whose Husband or Wife has lately, or thall hereafter go to Sea in any Ship or other Veffel bound from one Port to another, where the Paflage is ufually made in three Months Time; and fuch Ship or Vessel has not been, or fhall not be heard of in the Space of three full Years next after their putting to Sea from fuch Port; or hall only be heard of under fuch Circumstances as may rather confirm the Opinion commonly received, of the whole Company's being utterly loit. Provifo. But in every fuch Cafe, the Matter being laid before the Superior Court, and made so to appear, the Person whofe Husband or Wife is, or thail be in this Cafe to be Manner parted from her or him, may be efteemed and declared fingle and un- laid before married; and upon fuch Declaration thereof, and Liberty obtained from the the superior faid' Superior Court, may lawfully marry again; any Thing in this Act to the court. contrary notwithstanding. Provided alfo, That this Act fhall not extend to any Perfon or Perfons that are, or fhall be at the Time of fuch Marriage divorced by any Sentence had, or hereafter to be had, as the Law of this State has in that Cafe provided; nor to any Perfon or Perfons where the former Marriage has been, or fhall hereafter by fuch Sentence had, be declared to be void, and of none Effect; nor to any Perfon or Perfons for, or by reafon of any former Marriage had or made, or hereafter to be had or made within the Age of Confent: That is to fay, the Man fourteen Years, and the Woman twelve Years of Age. Provifo. Any man And be it further enacted by the Authority aforefaid, That 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, fhall be feverely whipt, not exceeding thirty Stripes; both to be man's wife, unless it appears upon Trial, that one Party was furprized, and did not confent, which shall excufe fuch Party from the Punishment. whipt,unlefs Penalty on men that And that if any Man fhall wear Woman's Apparel, or if any Woman fhall men and wo-wear Men's Apparel, and be thereof duly convicted; fuch Offenders fhall be corporally punished or fired at the difcretion of the County Court, not exceedry apparel. ing Five Pounds, for the ufe of the Treafury of the County where the Offence is committed. wear contra Preamble Minor part owners to be An Act for regulating Maritime Affairs. WHERE AS through the blessing of God upon this State, the Navigation and Maritime Affairs thereof are grown to a confiderable Intereft; the well Management 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 Perfons employed therein, according to their several Stations and Capacities : BE E it enacted by the Governor, Council and Reprejentatives, in General Court That whereas there are many Times differences between Owners of Ships, Ketches, Barques, Sloops and other Vessels in jetting forth their feveral Parts; whereby Damage doth accrue to the particular Concernment of Owners; and if not prevented may be a great Obftruction of Trade, where there are feveral concerned concluded by as Owners in any Ship, Ketch, Barque, Sloop ar other Veel whatsoever, ujed for Traffic, Commerce, Fishing, Log. Board, Wood or Stone Carriage, upon falt or fresh Water; All fuch Owners of leffer Part fhall be concluded for setting forth of their Part, by the major Part of the whole concerned; fuch Owners fo concluded, having Notice given them of the Meeting, and of such Conclufion, if they be nigh Hand. the major part. Any owner failing to And in cafe of any Owner refusing, or by reafon of Neglect or Absence, or not provide, &c. able to provide for the fetting forth his Part, The Mafter of fuch Ship or Veffel mafter may may take up upon the Bottom for the fetting forth of the faid Part; the which being defrayed, the remainder of the Income of fuch Part to be paid by the Maiter to the said Owner, burtomry. And in case of Freightment, where any Qwner shall refufe to affent to the letOwners refu- ting out of Ship or Veffel, where he is interested, fuch Diffenter fhall manifett it fing to fign by fome public Act of Proteft, before the figning of Charter-Party; except chart party, the Master, the reft of the Owners, or both conceal from him or them their to make pro- Acting, then his or their Proteft after Charter-Party figned by themselves or Leit, &c. Mafter to have but fin gle vote, unlefs, &c. Agents, fhall be taken for legal Diffent, yet not to hinder the proceed of the Whereas Masters of Ships or other Veffels, have their Owners live part in one Country and part in another, whereby they have in themselves not only Opportunity, and Jome have made Ule thereof, in their own Perfons to reprefent the major Part of the Owners in the Place where they come. It is therefore enacted by the Authority aforefaid, That fuch Master shall not be taken to have Vote in the ordering of fuch Veffel further than his own Intereft, except he make it appear to the rest of the Owners where he is, that be is authorized under the Hands of fuch Owners absent, and then he is to have Votes according to the Proportion of parts he so stands for, and the majority 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 moit to his own Advantage: And if any Mafter shall pre fume to act contrary hereunto, what Damage shall be sustained by the reft of the Owners, the Mafter fhall be liable to make good, it being duly proved against him. Every Mafter taking Charge as Mafter of any Ship, or other Vessel, and not being fufficient to discharge his Place, or that through Negligence or otherwife, Penalty on fhall embezel the Owner's or Employer's Stock or Time, or fhall fuffer his matters not attending on Men to neglect their due Attendance on Board, both by Day and Night, efpe- board. cially whil Merchants Goods are on Board, and that himself or Mate be not on Board every Night tolee good Orders kept; upon defect therein, fuch Mafter fhall be liable to pay the Damage that fhall accrue by fuch Neglect, it being duly proved against him. SECTION V. For the Mafters better securing their Men to them, and to prevent all coven, They fhalf make clear Agreements with their Mariners and Officers for their Mafters to Wages; and thofe Agreements enter into a Book, and take the feveral Men's make partiHands thereto; a Copy whereof, the Master as a Portlidge Bill, fhall leave cular agreewith the Owners, if required of them before their fetting fail upon the Voyage; feamen. and all fuch Agreements the Mafter fhall make good to the Seamen, and fuch Ship or Veffel as they fail in, fhall be liable for to make good the fame. ments with All Mafters of greater or leffer Veffels, fhall make due and meet Provifions Mafters to of Victuals and Drink for their Seamen and Paffengers, as the Cuftom and Ca- make due pacity of the Places they fail from will admit, upon Penalty of paying Dama- provifions. ges fuftained for neglect thereof. SECTION VII. That no Mafter shall ship any Seaman or Mariner, that is fhip't before by another Maiter, or employed upon a Voyage, nor fhall any Seaman fhip himself Penalty for with any other Man, until he be difcharged from him that ship't him firft; upon shipping feaPenalty of him that entertains him to pay one Month's Wages that fuch Seaman men belongagrees for, as alio of fuch Seaman fhipping himself to pay one Month's Wages ing to other that he agrees for; the Half thereof to be paid to the ufe of the poor of the Town or Place where the Offence is committed, the other Half to the Complainer or Informer. SECTION VIII. veffels. No Mafter of Ship or Veffel fhall fail into any Haven of Port, except neceffitated thereunto by Wind or Weather, or for the want of Provifion, or for Master not to fecurity from Pirates, but fuch 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- voyage, unment; and in Cafe any Mafter fhall take in Goods for more Ports or Places les neceffita than one, he fhall declare himself fo to do, to thofe that freight upon him; and ted, &c. in Cafe he shall voluntarily go to any other Port or Harbour than he is obliged to as aforefaid, if Damage to the Merchant's Goods happen thereby, fuch Mafter fhall make good the fare, it being duly proved against him. SECTION IX. Unless in Any Mafter hired out, or employed by his Owners upon any Voyage, receiving Advice from his Employers, that the alteration of the Voyage when they are abroad may be much for their Security and Advantage, by going to certain cafes. fome other Port, the Mafter feeing meet to clofe with that Advice, the Mariners fhall not hinder his proceed, unless where any of the Seamen fhall have made a particular Contract with the Mafter 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 preffed into a Service they are Provifo. not willing unto. SECTION X. Wages to be Mafters fhall fee 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 Colts that the Seamen fhall be at for the recovering the fame. ment. Masters, 1 SECTION. XI. Whereas many Times Mafters take in Merchant's Goods on board their Ships or Veffels upon freight, when yet they are not meetly fitted with the fuitable Tackling and Seamen, for the fecurity of fuch Ships or Veffels and Goods. Be it further enacted by the Authority aforefaid, That in cafe any Mafter of fhips and fea- Ship or Veffel, after he had laden upon his Ship or Veffel any Merchants Goods men to bear to be tranfported, thall, for want of fufficient Ground-Tackle, (if to be had) or lofs of goods becaufe of want of fufficient Men being on Board, come afhore to the damage of damnified by fuch Merchants or Freighters in their Goods, the Ship shall be liable to make their neglect, good fuch Damages; and in cafe the Defect appear to be in the Mafter and &c. Damage of goods when ships fall foul &c. Mafter runing on board any ship at anchor, &c. Goods Men, both or either, the Owners fhall recover fuch Damage from them. SECTIO N XII. Where any Ship-Mafter hath moored his Ship or Veffel, none other shall come so near to him first moored, as to do him Damage, or receive Damage by him; upon the Penalty of him fo coming, to make good all the Damage, and to be further punished if wilfulness or perverfenefs in the Action be proved against him. SECTION XIII. In cafe any Mafter of Ship of Veffel under Sail, fhall run on Board any other Ship or Veffel at an Anchor, and damnify him, the Party offending fhall pay the Damage, and fuch Ship or Veffel as he fails in fhall be liable to Arrest for the making good the Damage: The Damage to be judged by indifferent Men appointed by the Judges thereof; unless the Parties agree among themfelves. SECTION XIV. In cafe of lofs of Goods by reafon of throwing fome over-board to eafe the thrown over- Veffel to fave the reft, (which throwing over of Goods fhall not be done withboard to fave out the Master and major Part of the Company's Confent; or at least of the Offithe reft, to be cers with the Mafter): Which Goods fhall 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, faved: The like courfe fhall be for cutting of Mafts, and lofs thereof; or Boats, Cables or Anchors as alfo of Rigging and Sails, for the fafety of the Whole; the Merchants Goods are to bear a part of the Lofs. SECTION XV. Damage by In cafe a Ship or Veffel at fetting forth, proves deficient, and gives over the infufficiens Voyage, the Charges the Merchant hath fuftained in shipping and landing his Goods, fhall be born by the Mafter and Owners of fuch Veffel that prefumes to take Goods into an infufficient Bottom. bottom. Damage at fea. J SECTION XVI. 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. Damage by If any Ship or Veffel in Storm, fhall break loofe, and fall upon another, and' fhips break do her Damage for want of Ground-Tackle, the Ship breaking loose fhall make ing loofe for good the Damage: But if it appear the Mafter or Mariners, or both are negli gent of freshing their Hawfe, or clearing their Cables, they fhall pay the Damage want of ground tac- for fuch Neglect. |