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transactions, before the general assembly. And if he really for divert or misapply any of the public treasure, being ou

public inoconvicted thereof, opon such prosecution as is before nies. prescribed, he shall not only be adjudged to pay double the money so found to bave been diverted or misapplied, to the use of the commonwealth, but shall thereby be rendered incapable of any office of public Commence. trust. This act shall commence and be in force from ment of this and after the first day of January, one thousand seven art, hundred and eighty-seven.

CHAP. LVIII, An act for the appointment of clerks From Rev.

to the governor and council. Chmita, BE it enacted by the General Assembly, That the What clerks governor and council shall have power to appoint, may

's pointed by from time to time as they shall be wanting, a drawing guvernor and clerk, a copying clerk, and a clerk of foreign corres- council. pondence, who shall each of them take an oath, to be administered by any member of the board, to keep secret all such matters as they shall direct them to keep secret; which clerks shall be removable at their will. This act shall commence and be in force from and after the first day of January, one thousand seven bundred and eighty-seven.


ch. XVI

An act concerning Seamen. From Rey.

Bills of 1779, 1. BE it enacted by the General Assembly, Tha' every seamen, whose habitation is within this common- registered. wealth, not less than eighteen nor more than fifty years

old, capable of sea service, and willing to serve in the ships or vessels of the commonwealth, may give in a ticket, containing his christian-name, sur-name, and proper addition, with his age, and the place of his habitation, and the time when the ticket shall be delivered to any naval-officer, who shall transmit it to the ex

ecutive, to be by them entered in a register. PromoPromotion in ion

tion to commission and warrant officers in the navy

commission and the navy.

becoming vacant, shall be made and adjusted according to the order following: Seamen registered and actually serving, shall be preferred to all others, and of the former, those who shall have served a longer to such as shall have served a shorter time; and if the times of service shall have been equal, they whose tickets shall be of prior to those whose tickets shall be of posterior dates; and if the merits of the competitors shall

be equal, in those respects the preference shall be dePensions. cided by lot. Every registered seaman, actually sery.

ing in the navy, disabled by age or wounds, so as that he can be no longer useful there, and not being in a condition to maintain himself comfortably, nor having been promoted to any commission or warrant office, or to the office of master, mate, boatswain, gunner, carpenter, purser, or surgeon, oblaining a certificate thereof from the captain, master, and surgeon of the ship or vessel, on board of which he had served, under their hands and seals, shall receive from the treasurer the sum of fifteen pounds every year during his life; and the widow of every registered seaman, serving on board of a ship or vessel of war, slain or drowned in the service, if he was not in such a coudition, and had not been promoted to such oftice as aforesaid, obtaining the like certificate thereof, shall receive from the treasurer the sum of eight pounds every year during her life. But a registered seaman, withdrawing himself from the service of the commonwealth, in the time of actual war, and not repairing on board one of the ships or vessels thereof, within thirty days after he shall have been required so to do, by any officer of the navy, un

Jess detained by sickness, to be proved by the oaths of Fund for pen. two witnesses, shall have no benefit by this act. And sions, raised out of the wages due, or becoming due, to every seaby monthly man

man serving on board a ship or vessel belonging to the contributions of seamen." commonwealth, or any citizen thereos, and used in sea

yoyages, six pence per month shall be paid by the com

mander thereof, if she be a ship or vessel of war, public or private, to the treasurer, or if she be a mercantile ship or vessel, to the naval officer of the port where she shall be entered inward, or cleared outward, who shall discover the number, wages, and time of service of all persons belonging to the ship or vessel, by examining the commander of her, npon oath or aftirmation, and account for what he shall receive to the treasurer; and the money so to be collected, shall be applied towards reimbursing the annuities to disabled regis. tered seamen, and to the widows of those who shall be slain or drowned in the public service. Boy's, of the Apprentices age of ten years or upwards, who shall beg for alms, to the ora or who, or whose parents are, or shall be chargeable scmire, now

bound to any county, may, by the court of the connty where. in they inhabit, be bound apprentices by indentures, to owners or masters of ships or vessels used in sea voyages, and belonging to any ports within this commonwealth, until they shall attain to the ages of twenty-one years respectively; in every one of wbicb indentures the age of the boy to be ascertained by the register of births, or, not being entered therein, by the adjudication of the court, shall be inserted, with a covenant on the part of the master, that he will provide sofficient food, and convenient raiment and lodging for his apprentice, and employ him in the sea service, and in such offices as appertain thereto, and moreover, deliver to him a suit of clothes suitable to the season, to wit, a coat, waistcoat, pair of breeches, two pair of stockings, a pair of shoes, and a hat, with a blanket. And every owner or master of a ship or vessel, used in , Reciprocal

"duties of mas. sea voyages, and belonging to a port within this com- ferd appren. monwealth, shall be obliged to take one of such ap- tice. prentices, not being under thirteen or above seventeen years of age, nor being deficient in health and strength of body, if the ship or vessel be of the burthen of thirty and not more than fifty tons; another for the next fifty lons of her burthen, and one more for every hundred her burthen shall exceed one hundred tons; and resusing so to do, is he shall be required, unless he shall have an equal number of other apprentices, shall forfeit ten pounds, to be recovered with costs, in an action of debt, , by him who will sue, one half to his own use, and the

other half to the use of the county wherein the boy shall inbabit. The apprentice so bound shall be clothed,



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it it be necessary, and conveyed to the port his master

shall belong to, at the expence of the county from which Apprentices he shall be sent. The clerks of the courts shall transtered. regis. mit the names of the masters and apprentices, with the

ages of the latter, and the times when they shall be bound, to the executive, 19 be entered by them in their register; and the apprentices, after they shall have been eighteen years old, shall be deemed registered seamen,

entitled to the benefit of this act, in like manner as if Complaints of they had voluntarily given in tickets. The county apprentices, court nearest to a port in which an apprentice bound how redress. by virtue of this act, or otherwise, shall serve, or ought

Ir serve on board of a ship or vessel, shall, at any time when they shall be sitting, receive and hear a complaint inade to them by him of hard or ill usage, or breach of covenant, and redress the complaint, if he shall appear to have justly complained, prescribing milder or better treatment for the future, ordering an action to be commenced against the master, or removing the aps

prentice and binding bim to another master, as it may Vagrant sea. seem right and expedient. Any justice may, by warinen, may be rant under his hand and seal, cause any able-bodied apprehended man, who not having wherewitlrall to maintain him

sell, shall be found loitering, and shall leave a wife or children, without means for their subsistence, whereby they may become burthensome to their county, or shall wander abroad, without betaking himself to some honest employment, or shall go about begging, to be apprehended and brought before him, and if he shall, upon examination of himself, or by the testimony of others, appear to be within this description, the justice, by his warrant, may cause such vagrant to be sent and delivered on board any ship of war or other vessel belonging to the cominonwealth, there to serve

as a seaman during the term of eighteen months.

en a. An agreement in writing shall be made between the greementsbe

en master master or commander and seamen, not being his apand seamen, prentices, of every ship or vessel, belonging to any for every port of the commonwealth, and bound to parts beyond voyage.

sea, and be signed by both parties, and by the seamen within three days after they shall have shipped and entered themselves respectively, declaring the voyage to be performed, and ascertaining the wages, either by the month or for the run, to be paid to every seaman; and any such master or commander proceeding on this

voyage before that agreement shall be made and signed, shall forfeit the sum of five pounds for every seaman who shall not have signed it, carried out in the vessel, to be recovered with costs, by information, and to be paid to the treasurer for the same purpose as the sixpence per month out of the wages of seamen. Any Scanen ab seaman who shall have signed such agreement, absent. senting ther. ing himself from the ship or vessel, without leave of the

wloveril selves, how

apprehendat master or other officer having charge of her, shall for feit for every day's absence the pay of two days, and refusing to proceed on the voyage, or deserting fronı the ship or vessel, shall forfeit the wages then due.--But seamen shall not be deprived by the agreement of any remedy for their wages, which they might have lawfully pursued before this acı; and in any suit be. tween them and the master, it shall be incumbent upon him to exhibit the agreement, if it shall be requisite, and they shall not lose or suffer any thing by his suppression of it, or failure to produce it. The master or w commander of any such ship or vessel, arriving froin to be named beyond the sea into a port of the commonwealth, shall, within thirty days after she shall be entered at the naval office, unless there shall have been a covenant to the contrary, or at the time of discharging the seament, which ever shall first happen, pay the wages due to every seaman, if he shall demand them, after deduct. ing what may, by virtue of this act, be withheld, or refusing so to do, shall pay to him, over and above the wages detained, the further sum of twenty shillings, to be recovered with the other demand. A seaman who . shall belong to a ship or vessel, travelling by land or Scaman with water, and having no certificate of his discharge, sign- out a dised by the master or commander, or a pass or order charge, de. with the like signature, or that of some other officer of

mer omcer or serier. the ship or vessel, unless he shall be going to a proper place to seek redress of any grievance, shall be deemed a deserter, and may be apprehended by any person, and brought before a justice of the peace, and shall be by my his warrant returned, through the hands of consta- hunded stables, one taking him from another, and conveying him to the next; and for this service the master or commander, if the seamen shall not have been discharged, shall pay to the person who shall apprehend him, ten shillings, and to the constables, one shilling for every mile they shall conduct him, and 10 be proportioned

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