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kouse, &c.

And the Authority of that County, uniting.co build as aforesaid, wherein fach House happens not to be, Ahall have as full Power and Authority to lead and commit any person or Persons to such Houfe, as the faid Aathority would by Law have, were the said House within the County to which they belong.

And be it further enacted by tbe Authority aforefaid, That it shall and may be

lawful for an Afgfans or justice of the Peace, in the respective Counties, and Rogues, &c. they are hereby fully authorized and impowered to send all Rogues, Vagabonds, to be rent 10 Sturdy Beggars, and other lewd, idle, disolute, profane and disorderly Perfone, the work that have no Settlement in this State, to fuch Work-Houfes, and order them to

be kept to hard Labour, under the Rules and Regulations of said House, uncil released by order of Law.

Also all Persons using, or pretending to use any fubtil Craft, Jugling, ÖT

lawful Games or Plays, or feigning themselves to have Knowledge in Phyfog Juglers, &c. nomy, Palmistry, or pretending they can tell Deftinies, Fortunes, or discover

where loft or stolen Goods may be found.. tinat ay . c Also common Pipers, Fiddlers, Run-aways, Aubborn Servants or Children, Pipers, &c.

common Drunkards, common Night-walkers, Pilferers, wanton and lascivious Persons, either in Speech or Behaviove, common Railers or Brawlers.

Also such as are guilty of reviling and profane Speaking, or neglect their Cal. Profane, dec

lings, mispend what they earn, and do not provide for themselves, or the Sup. port of their Families, upon due Conviction of any of the Offences or Disorders aforesaid.

Allo Persons under Distraction, and unfit to go at large, whose Relations or Distracted, &e.

Friends do not take Care for their fafe Confinement.

Be it further enated by the Authority aforesaid, That in addition to the Punishment of Theft already by Law provided, if the Conviction for Theft be

before an Alitant or Justice of the Peace, the Person convicted Mall be fenten. Thieves.

ced, and accordingly committed by such Authority to the Work-House, or House of Correction, there to be kept to hard Labour ; on the firft Conviction, not less than one Month, and not exceeding three Months ; on the second Conviction, not less than one Year, and not more than three Years. .. .

And in case the Conviction for Theft shall be before the County Court, the Person convicted, Mall, by faid Court, be sentenced and committed to the House of Correction, to labour as aforesaid ; for the first Offence at leaft fix Months; and so for a longer Time, assaid Court before whom the conviction is had, shall think proper and determine, having Respect to the Circumstances and Aggravations of che Offence, and the Number of Convictions had.

Provided nevertheless, That no Person convicted of Theft, Niall on the first

Conviction, be sentenced or committed to the Work.House, or House of Correc. Proviso.

tion, on that Account, unless the Person convicted be of the Age of twenty-One Years, or upwards ; and also be in the Opinion of the Court before whom the Conviction is had, a Rogue, Vagabond, common Beggar, or a lewd, idle, pro. fane or disorderly Person ; any Thing in this Act in any wise contained not withtanding

Be it further enacted by the Authority aforejaid, That the Charges of prosecut. Charges for

ing Persons for Theft, upon their Conviction before the County Court, shall be thert, now answered and paid out of the County Treasury of that County wherein the Propaid, &c. secution and Conviction mall be ; and that for refunding the same, one Half of

the treble Damages recovered of the Person convicted, shall be and belong to the said County Treasury. And in case the Earnings of such convicted Person's Labour in the Work-Houfe, clear of all lawful Deductions, be not fufficient to pay the Charge of his Prosecution, and the said treble Damages, and he hach no, Estate to satisfy the same, he shall be disposed of in Service to answer the same,

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or the Remainder thereof, according as the Law has provided and dire&ted in Such Cases.

Be it further enaltıd, That when any Person Shall be committed to any Materials House of Correction, or Work-Houfe, in Cafe he or she belong not to any Town how found * in this state, soitable Materials, fuch as are necesary and convenient for keep- paid for ing fach Persons to work during their abode there, thall be paid for out of the State Treafury. And in Cale he or the belongs to any Town in this State, that such Materials as aforesaid, shall be provided at the Charge of said Town ; and the Select-men of the said Town shall deliver the fame to the Master of {uch House, or be accountable to him for the Charge and Expence thereof, and altels the Inhabitants for the same. And when any stubborn Children or Ser. Stubbora vants thall be sent thither as aforesaid, the aforemenrioned Materials thall be sau provided at the Charge of their Parents or Masters (if abley during their abode in such Work-House.

And each person committed as aforesaid, hall be allowed out of their Earn. ings, but two thirds thereof, for their Sapport and making Sarisfaction for the Allowanot. Charge expended in bringing in and furnishing Matterials ; and the Overplus of such Earnings, to be to the Master of the House to account for.

And if such Persons are Masters, or Heads of Families, then and in such Cale Masters of the the whole Profit agd Bencfit of their Labours, or so much thereof as the County milies com. Court of that County where such Persons are committed shall think necessary, mitted. and direct, Mall be for the relief and support of their Families.

Allowance to

their families. And if any person or Persons committed to said House of Correction shall be unable to work, or be weak or fick, then to be relieved by the Master or Keeper ot fucb House, who laall be again reimbursed what he hall so necessarily expend for the Relief of such Person or Persons, out of the public Treasury of this Unable to State, if the Person belong not to any Town within the State ; and if the Per

if he work how can

* lievede son belongs to any Town in this State, then by the Select-men of that Town : And the Select-men may affess che Inhabitants of such Town to answer the fame ; except fuch Persons being weak or lick as aforesaid, were at the Time of their Commitment in their Minority, and under the care of Parents or Masters ; then and in every such Case the Parents or Masters of such Persons Thall reim. bure what necessary Charges the Master or Keeper of such House of Correction Tall necessarily expend for their Relief.

She Be it further enacted by the Aurbariry aforesaid, that the Master or Keeper of each House of Correction, shall be allowed for his Care, Labour and Service, Allowance to in looking after those committed to his Care, and for relieving them who Thall the mastera happen to be fick or weak, such reasonable Sacisfaction, to be made by the County, Select-men, Parents or Masters, as the County Court shall direct and appoint, if the Earnings of such Person or Persons shall not be sufficient todis. charge the same, over and above what is allowed them out of their Earnings, for their Relief.

And the Master or Keeper hall keep an exact Account of all Profits and Earnings that shall be made by the Labour of those under hỉs Custody, from Time

* Mafter to

I keep account, to Time, and present the same (upan Oath if required) unto the County Court 2 in such County ; Opt of which Earnings the said Master or Keeper of such House thall have his Allowance : and also a Compensation to said Overseer or Qver. feers for their Trouble as aforesaid, as said Court shall think proper and order; and until the Earoings as aforesaid, shall produce a sufficiency for raid Purpose, what ie wanting shall be made up out of the County Treasury, to be refunded oot of the Overplus of the after Earnings.

And the Master of Keeper of such House that shall refuse to account as afore. faid, or shall otherwise be negligent of his Duty required by chis Act, shall be penaltfor hable to such Fine or Punishment as said County Court Hall order and direct. asglect.

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Masters' duty. Be it furlber Enaited, That the Malters or Keepers of fuch Houses of Cor.

rection respectively, thall receive all such Persons as shall be sent there as afore.

faid, and thall keep them to such Labour as they are capable of and able to hatte perform, for such time as they fhall be ordered to continue and remain in fuck punish, &c.* * Hoose ; and punith them (if need be) by putting Fetters or Shackdes upon

themi, and by moderate Whipping, not exceeding ten Stripes at one Times which (unless the Warrant of Commitment do otherwise dire&t) shall be infiêted at their first Entrance, and from Time to Time, in Cafe they be ftubborn, disorderly or idle, and do not perform their Tak, and that in good condition, accordiog as they hall be reasonably itinced; or else inay abridge them of their Food, as the Cause shall require, until they be reduced to better Order and Obedience : Said Masters however, from Time to Time taking and obferving such Orders and Diredions as the Over feer or Overfeers shall give therein,

And be it further Enacted, That if any Person or Persons, committed to faid Absconding House of Correction, 'fhall unlawfully abfcond, or make his Elcape therefron, to becorrector de part without the Licence of the Mafter of faid Houfe, they shall on belag ed on teing

c. returned to said House again, be corrected by Whipping on the oaked: Body,

not exceeding thirty Stripes for 'one Offence; and fo roties quotits : Which 9. Corrections the Mafter shall be careful to see duly performed. . " on . And be it further exaded by the Authority a forefaid, That the feveral Gaols

****, in the respective Councies, thall be, and they are hereby made to be Works Cabe Hole Haules a cavani.

pais 19 be Houles, or Houses of Correction ; to be used and improved according to the W nouics Directions" and Orders before in this Ad respecting Hoafes of Correction and "", "s: the Government thereof, until chere thall be fuch House or Houses of Correcti.

on built, as aforesaid... Gasivkremers.

And the Keeper of the Gaols for the Time being, or such as they refpecin bester cively fhail appoint, Thall be the Matters or Keepers of such Gaols, as Houfes & C.

of Correction, and thall have the same Authority and be under the same Regu.

lations as is before in this Ad given and provided respecting Houses of. Cor. Pulons or rection.' And all Persons ordered to be sent to a House of Correction according de ed to to rhis Act, shall be sent to and received into fuch Gaols, and there be kept, Lok house taken care of, and governed according to the Directions of this Ad, until fuch

, House or Houses thali be provided -as aforesaid ; any Thing before in this Ad

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"An Act for laying and collecting Duties on the

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. De it emailed by the Governor, Council and Reprelentatives, in General Court Duty of two. D aljembled, and by ihe Authority of the same, That all Mafteis of Veliels, or

... other Perions importing any Rum into this State, mall pay to'lome Navalgallon on all

Officer, for the use of this state, Twa-pence per Gallop for every Gallon of Run by such Mafter or other Person imported as aforesaid. ;

!*** Loved And all such Masters or importer's of Rum as a foresaid, thall be allowed for Waltage al. Waftage five per Cent. for Rum imported directly from the Wet-Indies, and lowed. - two per Cent. for Rum imported from the neighbouring States And whenfo

ever it shall happen that the faid Mafter or Importer Mall not have the ready Bond to be Money to pay the Duties aforesaid, he fall become bound to the Treasures of

for the chis State, in a Bond double the 'Amount of faid Duties, conditioned for the duties, &c. ** Payment of laid Duty with Intereft, in rwo Months then next coming. .

Be it further enacted by the Authority aforesaid, That at Rum as fhall be Rum forfeited :

co inported or brought into this state, and landed or offered to Sale in any of duties are un- the Roads, Harbours, Creeks or Rivers thereunto belonging, without fira pay.

ing or securing the Duty as aforelaid, fball be forfeited, the one Halt to the

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paid.

ACTS AND LAW SA

Rum.

211

Informer that shall prosecute to Effect, and the other Half to the State Trea

t [urer, for the Use of this State.

And whensoever any person shall inform any Afliftant or Justice of the Peace, Search.wat of the Breach of this Order, he shall forthwith grant a Writ to the Sheriff or rant to break Constable, commanding them to make diligent Search for the fame, with open houses, Power (if need be) to break open any House, Vefsel, Ware House or Store, to &c. make Search in any suspected Place, and to seize the said Rum, and secure the same till the next County Court in the County where it shall be taken ; who fhail declare the fame to be forfeited, and dispose thereof for the Use aforesaid: Ualess the Owner thereof shall produce a Certificate from the Naval-Ollicer, sind chat the Duty laid by this Act has been actually paid for the same, according to t he the true Intent and Meaning thereof; and make Oath that the Rum for which the Certificate is produced, is the very Rum for which the Duty has been paid; or otherwise shew to the Satisfaction of the Court that the Duties laid by this Ad have been truly peide

butis And for tbe more effe&tual collecting the said Duty; Be it further enacted by the Autbority aforesaid, That all Mafters of Ships Mafers to and other Vessels, as well open Boats as others, coming into any Harbour, make report

che in 24 hours Port, Creek or River within this State, from beyond Sea, or from any other

after arrival, Place out of this state, shall make Report to fome Naval-Officer of this State, &c. of the Contents of the Loading of such Ship or Veffel, which Report such Malter shall give in to the Naval-Oficer under his Hand ; and mall therein fet down and express the Quantity of Hogsheads, Tierces, Barrels or other Caks of Ram loaden on Board lach Ship or Veisel, with the Marks and Numbers there. of, and to whom the same is consigned: And also make Oath thereunto in the Tomake following Manner : Stiltop

Oathie ?

..... . ..... . VOU A. B. wear that the Report or Manifeft of the Contents of your Load :

5 9a ing, by you produced under your Hands contains a jul and true Account, ait . the beft of your knowledge, of the whole Loading taken on board and imported in 0 Jour 7effel, from the Port or Ports jaid Vélel came from; and that you bave rat Form of the briken Bulk, nor delivered any of the Rum loaden on jaid Vefjel, directly or indi. gath. realy; and that if you foall know of any more Rum to be imported therein, befored the Landing thereof, you will cause it to be added to your Manifefto

seca?
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sin. So help you GOD.

21.5 Which Oath the said Naval Officer is hereby impowered to adminifter ; af. To be admi.** ter which such Master may unload, and not before, on pain of forfeiting the pistred by the Sum of Fifty Pounds, to be paid by each Mafter that shall beglect his Duty in naval officer. this behalf.

Be it further eacted by the Authority aforesaid, That no Rúm thall be landed? on any Wharf, or in any Ware house or other Place, but in the Day Time Only, and that after Sunrise, and before Sunset ; unless in the Prefence of, or with No rum to be the Consent and Permission of the Naval Officer to whom the Duty is payable, funded but in on pain of forfeiting all such Rum, and che Lighter, Boat," or Vefsel out of the day time, which the fame thall be landed, or put into any Ware-house or other Place, ' ynsels.

And if any person or Persons shall not have, and produce, an Invoice of the Number of Gallons of Ram, by him or them imported, or to him or them configned, and make Oath to the same, as is before in this A a provided, then the Invoice to ke? Calk wherein the same is, thall be ganged at the Charge of the Importer, that produced, &cc! the Quantity thereof may be truly known.

. 18. 11. 1o7 That the Master of any Ship or other Vestel, importing any Run, shall be Masters lia. liable to, and fhall pay the Duty for such, and so much thereof contained in his ble for the Manifeft as shall not be duly entred nor the Duty paid for the same by the Peru Son or persons to whom such Rum is or thall be configned. :*

:

mengad tu And it shall and may be lawful for the Master of any Ship or Vefiel, to How molectia fecure and detain in his Hands, at the Owners Risque; all tuch Rum in themselves.

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Vefsel liable, te.

How to le. ported in fuch Ship or Vefsel, until he shall receive a Certificate from the Na. cure them- val Officer to whom he delivered his Manifeft, that the Duty for the same is felves.

paid, and until he be repaid his necessary Charges in securing the fame, or fuch Mafter may deliver such Rum, as is not entred as aforesaid, onto the Naval Officer in such Port, or his Order ; who is hereby impowered and directed to receive and keep the same, at the Owner's Risque, until the Impoft thereof with the Charges, be paid, and then to deliver such Rum as such Mafter shall direa,

Be it further enalled by the Authority aforejaid, That the Naval Officer or

receiver of the Duty, or Impoft, in each Port, shall be, and is hereby impower. to lue, &c. omicer ed to fuc the Mafter of any Ship or Vessel, for the Impot or Duty, for fo much

of the Rum, imported therein according to the Manifest by him givea apon Oath, as aforesaid, as shall remain not entred, and the Duty or Impost chereof not paid by the Person to whom it is consigned as aforesaid.

And that the Ship or Veffel, with her Tackle and Appurtenances, the Mal. ter of which thall make Detaule in any Thing by this Ad required to be performed by him, shall be liable to make good the Sum or Sums forfeited by fuch Master, according to this Act, for any such Default ; as also to make good the Impoft or Duty for any such Rum, not entered as aforesaid: And upon Jedgement against such Mafter, the said Ship or Vefsel, or so much of the Tackle or Appurtenances thereof as shall be fufficient to satisfy said Judgment,' may be taken in Execution for the same.

And the Naval Officer or Receiver of the Impoft is hereby im powered to make Seisure of such Ship or Vefsel, and detain the fame, under Seisure uncil

Judgement be given in any Suit to be commenced and prosecuted for any of Naval-officer

aces the laid Forfeitures, or Impoft, to the Intent that if Judgment be rendered for to make feia the Prosecutor or Informer, such Ship or Veffel, and Appartenances may be exzure. &C. posed for Satisfaction thereof, as is before provided ; unless the Owners, or

Come on their behalf, for the releaGng of such Ship or Vessel from under Seilare or Refraint, Ahall give sufficient Security to the Naval Officer that Seiled the fame, to respond and fatisfy the Sum or Value of the Forfeiture and Duties, wich Charges, that Mall be recovered againft the Matter thereof, upon Suit to

be brought for the same as aforesaid. Owner to fue the master,

And the Master occafioning such Loss and Damage unto his Owners, through his Default or Neglect, shall be liable unto their Ađion for the same.

And the Naval Officers, or Receivers of the Impo, in the several 'Ports of Bills of store this State, are hereby impowered to allow Bills of Store to the Master of any owd. Ship or Veslel, importing any Rum for such private Adventures as fhall Bora

Fide, belong to the Master, or Seamen of such Ship, or other Vessel, at the Dir. cretion of the said Naval Officer ; not exceeding two per Cent. of the Loading : And the Duties payable for buch Rum in such Bills of Store mentioned and ex. pressed shall be abated.

And the Naval Officers shall be allowed five per Cent, on all Monies they Thall collect and pay in to the Treasury of this State, on Account of the Ducies.

collected by them by Virtue of this Act.: Forfeitures And be it further enacted by tbe Autbority aforesaid, That all Penalties and" how difpofed Forfeitures accruing, or arising by Virtue of this Act, shall be one Half to the -of.

Treasurer of this state for the Uie of the State ; and the other Half to him or them who Thall leise, inform and fue for the fame, by Action, Bill, Plaint, or Information, in any Court of Record : The whole Charge of Prosecution to be

taken out of the Half belonging to the Informer. Who to pro And all Naval Officers, Sheriff's, Conftables, and Grand-jurors, are hereby fecute, &c. fridly charged to make diligent Enquiry after, and make true Information of

all Breaches of this Act.

&c.

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