The New-Jersey gazette — Burlington [N.J.], 1780-12-27 00:00:00, page 2

STATE of NEW-JERSEY'.
An A 3 T more efcaually to prevent the inhabitants of
this state from trading with the enemy, ongoing ivitb
in their lines, and for other purposes therein mentioned.
WHEREAS the laws now in force are found in
fufficient to prevent the inhabitants of this state
from fending provisions within the lines of the enemy
and carrying on a commercial intercourse with them,
to secure for trial those who go into or come out of
the fame without passports, and to dispose of cofr
demned prisoners in such manner as the fafety and
peace of the state require;
Sect. I. Be it therefore enacted by th? Council and (re
neral Assembly of this Jiate, and it is hereby enabled by
the authority of the fame, That every person owing al
legiance to the government of this state who shall,
after the passing of this aft, be apprehended going in
to the enemy's lines, or into the encampments of the
troops of the King of Great-Britain without a license
or permission firft obtained of his Excellency the Go
vernor or Commander in Chief ofthe state for the time
being, or of his Excellency the Commander in Chief
of the army of the United States ;. and every peiion
owing allegiance as aforefaid, who shall, after the
passing of this ad, and without license or permission
as before mentioned, go into the said lines or encamp
ments, or shall convey, carry, or transport, or at
tempt to convey or fend, or in any manner whatever
shall be wilfully and knowingly aiding, affixing, di-
recting, or countenancing the fending, conveying or
transporting into the said lines, or into places occu
pied by the troops or adherents of the laid King of
Great-Britain, any provisions, military or naval dores,
or any other article or thing the produce of this state,
or that may be found within the fame, and shall be
thereof legally convicted on indictment before any
court of justice holding jurifdiCtion in criminal causes,
shall have judgment that he or (he forfeit his or her
whole estate both real and personal, together with all
legal rights and privileges in manner and form as here
in after is expressed and declared; and the Justices
of the said court before whom such conviction may be
had. shall further proceed to give judgment against
the prisoner or prisoners so convicted, by ordering
him, her, or them, in diferetion of the court, to re
move to any township or county within the state re
mote from the enemy's lines, or to be imprisoned in
any prison in the state, cropped, whipped, or pillori-
ed ; or, if an able-bodied male, to serve on board one
of the armed vessels of war belonging to this state, or
to the United States of America, where he shall re
main during the present war with Great-Britain, un
der pain of death in case of his deserting the said ser
vice before the conclusion of the present war, or a
pardon firft had and obtained under the great fed of
the state ; and he so deserting in contempt of the said
sentence, on indictment and conviction thereof being
duly had against him before any court of law having
jurifdidion in causes capitally criminal, shall have
judgment to fuffer death as a felon, without benefit
of clergy.
2. And be it further enacted, That if any Indian or
Negro, whether free or in bondage, shall commit any
of the offences prohibited by this ad, and shall be
thereof indicted and convicted in manner aforefaid,
such Indian or Negro so offending shall have judg
ment of imprisonment, whipping, cropping, pillory
ing; or, if a male, to serve on board of any vcffel of
war, in like manner as herein before is directed.
3. And be it further enabled by the authority aforefaid,
That when any person shall be adjudged to serve on
board of any vessel of war agreeably to this ad, the
Sheriff of the county in which such judgment was
given shall forthwith convey the person so sentenced
to the neared seaport where any armed vessel in the
service of this state, or of the United States, may be
lying, and deliver the prisoner so condemned, toge
ther with a copy of the judgment of the court against
dim, certified by the Clerk of the court by whom the
prisoner was condemned, to the Captain or officer
highest in command on board the vessel, and take a
certificate of such officer, setting forth the name of
the vessel on board of which the prisoner was deliver
ed, by whom the said vessel was commanded, and ac
knowledging the receipt of such condemned person
with a copy of the judgment against him; and any
Sheriff conveying a prisoner on ship board, as by this
aft directed, on his making out an account on oath
of his expences, shall, on presenting such account to
gether with the certificate as aforefaid to the Collec
tor of the county, in which the delinquent belonged,
receive the amount thereof, with reasonable allow
for his time, from the said County Collector ;
Ko is hereby directed and authorized to pay the
fame out of any publick monies in his hands ; which
account, certificate, and receipt of the Sheriff for said
money fhal be fufficient vouchers to the Treasurer
for the crediting of such Collector so much money in
the fet'Jement of his accounts.
4. And be it further enabled, That when any person
convicted by virtue of this att, shall be sentenced by
the court before whom such conviction shall be had
to an imprisonment in the gaol of any other county
than that in which the offender was prosecuted, the
Sheriff of the county where the prisoner belonged
shall forthwith convey the prisoner so sentenced, to
the proper gaol to which he or Ilie may be adjudged,
and shall deliver to the keeper of such gaol the con
demned person, together with a copy of the judg
ment, certified by the Clerk of the court ; and the
keeper of the gaol to whom such person and copy of
the judgment may be delivered as aforefaid, is here
by required to receive and keep in fafe custody filch
prisoner during the term of time that he or the may
he sentenced by'the courtto imprisonment : And the
Sheriff conveying a prisoner out of the county as 2-
forefaid, on producing an account of his expences on
oath, and the gaolkeeper's receipt for the prisoner,
to the Collector of the county where such Sheriff may
belong, Iliall receive the amount thereof, with rea
sonable allowance for his time, out of any publick
money in the hands of such Collector ; and the She
riff's account, receipt for the money, and gaoler's
receipt for the prisoner, shall be fufficient vouchers
for the Collector in the fcttlcment of his accounts
with the Treasurer, and also for the Treasurer in his
fettlemeut with the state.
5. And be it further enabled, That whenever any
person convicted by virtue of this ad, shall be fcn
tenccd to remove to any township or county within
the state, not bordering on the lines of the enemy,
he or foe shall within four days after such sentence,
repair to such interior part of the state, as was point
ed out in said sentence : And if any convicted person
ordered by the court as aforefaid to repair to a part
of the state remote from the lines of the enemy, Ihall
refute to obey such order within four days, or shall
return to the county from which he or she hath been
ordered to retire as aforefaid, or shall be found in any
other part of the state than within the proper limits
of the township or county to which he or die hath
been ordered to repair, that in every such case the
person who shall presume to violate the said order,
shall, upon conviction thereof before any court hav
ing jurisdiction in causes criminal, have peremptory
judgment to stand in the pillory, have one ear cropped,
and to be imprisoned during the continuance of the
present war with Great-Britain: Provided always,
That if any such person shall become chargeable to
the township, precinCt or ward to which he or she hath
been ordered to repair as aforefaid, and was possessed
of any estate which became forfeited by his or her
sentence, then and in such case, the person or persons
in whom the fame may be vetted, shall defray all the
expences and charges of his or her maintenance, as
long as any of the said estate may remain; and in
case the person or persons in whom the said estate
may be so vetted, shall negleCt or refufu to pay all the
expences and charges of his or her removal and main
tenance, as long as any of the said estate may remain,
then and in such case it shall and may be lawful for
the overseer of the poor of the township, precinCt or
ward as aforefaid, and he is hereby required to pro-
fecute to effeCt the person or persons in whom the
estates are vetted as aforefaid, for any sum or sums of
money that may become necessary for the support of
the persons aforefaid, in any court where the fame
may be cognizable, with costs ; but if the person con
victed and sentenced as aforefaid had no estate, or if
the fame shall have been expended in his or her neces
sary maintenance, it shall and may be lawful for the
overseer of the poor of the township, prccinCtor
ward as aforefaid, and he is hereby authorized and
directed to apply to the Collector of the county to
which he belongs, for whatever sum or sums of mo
ney may be necessarily expended for his or her main
tenance, who is hereby required to difeharge the fame,
taking the receipt of the Overseer therefor ; which
receipt shall be a fufficient voucher to the said Col
lector for so much of the publick money in his settle
ment with the Treasurer, and to the Treasurer in
his settlement with the state.
6. And be it further enabled, That if any person
or persons owing allegiance to the government of this
state, shall be convicted of having offended against or
violated this law, by supplying or wilfully attempting
to supply the enemy with any kind of provisions or
other article by this law prohibited, and judgment
had against him, her or them therefor, agreeably to
this aCt, that in such case every person so condemned
shall, fiom the day of passing such judgment against
him, her or them, become disfranchized, and shall
loose all privileges, rights and immunities which
otherwise he or she might have enjoyed as a free citi
zen of this state, and shall be forever incapable of
holding any office legislative, executive or judicial,
of voting at a^y election, of serving on juries, and
be forever barred and rendered incapable of bringing
his or her aCtion at law or suit in equity, against any
citizen or fubjeCt of this state.
7. And be it further enabled, That if any person
shall be convicted as aforefaid of having offended
against this act, and judgment be had against him or
her therefor, agreeably to this ad, that in such case
the whole and every part of his or her estate, both
real and personal, shall from the day of such judg
ment become forfeited, and shall descend to his or
her proper heir or heirs at law, who shall become as
fully seized and pofleffed thereof and entitled thereto
as the delinquent was at the time of the forfeiture,
to all legal intents aud purposes as tho' such person
convicted and adjudged as aforefaid, had died a na
tural death intestate ; and the Ordinary shall, and is
hereby directed and authorized to proceed in every
such case to grant letters of administration of such
forfeited estate, to some proper person or perlons
(giving no special preference to the right of affinity
or consanguinity) who shall enter into bond, with fuf
ficient sureties in the Ordinary's court for the due
difeharge of his, her or their duty and trust as an
administrator or administrators, and the faithful ad
ministration and disposition of the estate of such con
vid, agreeably to law : Provided always, That no
thing in this ad shall be construed or understood to
prevent the persons to whom the fat'd estates shall so.
feend from being fubjeCted to the expences and main
tenance as fpecificd in the provifio of the fifth fcdio^
of this aft.
8. And be it further enabled, That when any con~
vision and judgment shall be had in virtue of this
aft, the Justices of the court before whom such con
vision and judgment may be obtained, shall proceed
to order and adjudge any sum not let's than Ten
Pounds, nor more than One Hundred Pounds lawful
money, to be paid out of the estate of each offender
so convicted, to any person or persons by whom such
offender may have been apprehended and profecuteg
to conviction : Provided always, That such perfiy,
or persons so entitled to such reward fl,all not be
thereby rendered incapable to be a witness on any
such trial ; and the person or persons in whose favour
such sum or sums of money may be adjudged as afore
faid, on producing a copy of such judgment, signed
by the Clerk of the court before whom conviction
was had and judgment awarded, setting forth the
name es the person convicted and the sum of money
allowed by the court, shall be entitled to receive of
such administrator or administrators the sum of mo-,
ney so ordered, out of the offender's estate; and if
such administrator or administrators shall on applica
tion made to him, her or them, by any person in whose
favour such order may be made by the court, shall
neglect or refufe to pay the fame out of the assets in
his, her or their hands, then arid in such case the
person or persons in whose favour such order was
made by the court, shall bring his, her or their action
of debt for the fame, and give this law in evidence
against such administrator or administrators, in any
court where the fame may be cognizable, and shall
have judgment and execution therefor, together with
cods of suit, against such administrator or administra
tors.
10, And be it further enabled by the authority afore
faid, That the commanding officer of every post
where any detachment of the militia or other troops
of this state, may or shall hereafter be Rationed along
the fliore, shall forthwith older all boats, canoes,
fkiffs, flatts, and all water-craft of whatever con
ftruCtion, that may be found along the shores of the
state, or the lines of the enemy, to be collected and
secured in some place or places moll convenient and
fafe : All of which boats or water-craft so collected,
shall b: and remain under the immediate command
and direction (as faras is conducive to the public weal)
of fuchofficer for the time being ; and il the owner
or owners of any bort or craft u hich may be secured
by virtue of this law, or any other person whatever,
shall prefurne to take his or her boat or craft, or the
boat or craft of any other person, from such place of
security as aforefaid, without permission firft had in
writing from the officer under whose command such
boat or craft may be taken in charge, fpecifying the
service in which such boat or craft may be used, with
out injury to the pubiick, and the time when it shall
be again returned to the place of fafety from whence
it is fuffered to be taken, or shall detain any boat or
craft for a longer time than is allowed by such per
miflion, he or she shall forfeit and pay for every such
offence the sum of Six Pounds lawful money, to any
person who will sue for the fame in an aftion of debt,
and give this law in evidence, before any court of
justice where the fame is cognizable, who shall give
judgmert therefor, together with costs of suit.
11. And be it further enabled, That where there is
no officer specially appointed to command on the
coast netr the lines of the enemy, the Colonel or other
officer frft in rank in the regiment of militia border
ing alon^ the said coasts, shall be deemed and held to
be the officer commanding so far as the regiment ex
tends, for the purpose of taking and securing boats
and water-craft agreeably to this aft ; and in case
no military officer as aforefaid shall secure the boats
and water-craft along or near the shore agreeably to
this aCt, that in such case it fltali and may be lawful
for any Jufuce of the Peace to issue a warrant under
his handand seal, to one of the Constables of the
county, to feize # and convey to any place or
places of fafety, as in such warrant shall be di
rected, all boats and water-craft that can be found
within tlr said county, and make return ot all such
boats so seized to the Justice issuing the warrant ;
which casts when collected shall remain under the
immediate care and direction of the ftid Justice of
the Peace, as they would have been under the care of
the miliary officer, agreeably to the preceding
feftion ; and every person who shall remove any of
the said vatcr-ctaft without such permission from the
9. And be it further enabled, That when any per
son shall be apprehended and committed to gaol in
virtue of the firft fe&ion of this act, by any one of
the Judices of the Supreme Court, or any one of the
Justices of the j Peace of any county within the state,
by warrant of commitment under the hand and seal
of such Justice, setting forth that the prisoner was
a; prehended for fending or conveying, or for at
tempting to fend or convey, or for being knowingly
and wilful'y ading and aflifting in fending, carrying
or conveying into the lines of the enemy, provisions
or any other article prohibited by the firft feflion of
this att, or that the prisoner was apprehended going
into the enemy's lines, or for having gone into the
fame after the passing of this ad, that in every such
case the privilege of the Habeas Corpus to such pri
foncr flmil be suspended, and is hereby declared to
be futpended and made void, during the continuance
of this a&.