The New-Jersey gazette — Burlington [N.J.], 1782-07-03 00:00:00, page 1

An Artfor preventing an illicit trade and inter
course between the fubjerts of this state and the
enemy.
WHEREAS sundry ads have been pas
sed at different periods since the com
mencement of the present war with
Great-Britain, for preventing the
fubjerts of this state from trading with the enemy,
and from going into or coming out of their lines
without lawful permissions or purports; and as se
veral of those laws have been at different times in
part repealed and altered in Inch manner as to ren
der them difficult in some instances to be clearly un
derstood ; for remedy whereof,
Sea 1. Be it ena&ed by tne Council and Gene
ral Assembly of this State, and it is hereby enam
el by the Authority of the fame, That every per
son owing allegiance to the government of this state,
who ihali, after the passing of this Art, voluntarily
go within the lines or encampments of the enemy
or that of their adherents, or who shall be taken or
difeovered going into or coming out of the said lines
or encampments, or going into or coming out of
any place in the actual power or possession of the
enemy or their adherents, without permission or
raffport for that purpose previously obtained under
he'haad of the Governor or Commander in Chief
of the date for the time being, or of the Command
er io Chief of the armies of the United States, and
shall be thereof legally convicted on indictment be
fore any court where the fame may be cognizable,
shall, for the GrR offence, be fined at the diferetion
of the court in any futn not exceeding One I hou
fand Pounds, to be applied to and for the use of the
state, or shall fuffer any corporal punishment (ex
cepting imprisonment) not extending to life or mem
ber, which the fiid court shall dirert, or fliall be
liable to an action of debt for the penalty aforefaid
with cost, at the fait of any person who shall pro
secute the fime in any court where the artion will
lay, to be applied one half to the use of the profe
cator, and the other half to be paid into the hards
of the colleger of the county, to be by hm paid
forward into the treasury for the use of the state;
and for the second offence, shall forfeit his whole
eßate both real and personal, to be taken charge
and disposed cf by the agent of forfeited eßates for
the county wherein such conviction shall be had,
in manner as is cr shall be directed by law with re
fyert to other forfeited eftares, and shall have judg
ment accordingly. Provided always, That this
Art shall not extend to prevent any commissioned
officer of the militia, either on a&ual duty or other
wise, or any commissioned officer of troops railed
for the defence of this state, with any party of men
under his command, from going into the lines or
encampments of the enemy or of their adherents,
or into any place in their actual power or poffeffiun,
for the purpose of annoying the enemy, or of ap
prehending such persons as may be found going in
to or coming out of the said lines or places, or of
feizirg and Securing all such goods, wares or mer
chandize as may be attempted to be conveyed into,
or brought out of the said lines or places, without
legal permission or passport firft obtained as afore
fiid. Provided nevertheless, That every officer,
non-cemmifiored officer or private, who.fhail plun
der or seize the preperty of any person within the
lines of the enemy, otherwise than as before ex
pressed in this Art, and shall be thereof legally
convi&ed on indirtment before any courtwhere the
artion may be cognizable, shall be fined at the dif
eretion of the court in any sum not exceeding One
Thousand Pounds, to be applied to the use of the
state ; and shall moreover, if an officer, be calhier
ed, and disabled from bearing any military office in
the state thereafter.
STATE of NEW-JERSEY
NEW-JERSEY GAZETTE.
2- And be it further charted, That no person
shall be authorized by virtue of any permission or
pafTport obtained as aforefaid, to go within the ene
my's lines or places before-mentioned more than
[Vol. V.]
WEDNESD AY, Jul Y 3, 1782.
3. And be it ena&ed, That after the passing of
this Art, all goods, wares, merchandize and pro
duce of whatsoever nature or kind, and every spe
cies of money, or bullion which may be attempted
to be carried or conveyed into the lines or encamp
ments of the enemy cr of their adherents, or into
any place in their artual power or possession. whir
out permission or pas; mt as aforefaid, together with
the boats, teams, carriages and horses carrying or
conveying the fame, or that may be proved to have
aGifted in the carriage or conveyance thereof, which
fliall be seized by any person or persons what
soever, shall by the person seizing the fame be
brought before a Juflice of the Peace of the county
where such seizure is made, together with the per
sons in whose possession the said goods, wares, mer
chandize, produce or money shall be found, who is
hereby empowered and required to summons to his
ahiftance two other Justices of the said county,
which two Justices so summoned are hereby requir
ed to pay ftrirt obedience thereto, and who shall,
with the Justice who iTued the summons when met,
constitute a court to hear'the allegations and evi
dence produced by both parties, and if it shall ap
pear to the said court that the said goods, wares,
merchandize, produce cr money, was attempted to
be carried or conveyed into the lines, encampments
or places aforefaid, the fame shall be forfeited one
half to the use of the captor, and the other half
to the use of the state, and the court fliall give
judgment accordingly; and the offender shall more
over forfeit and pay to the use of the state a sum
equal to the value of the goods seized and condemn
ed as aforefaid, to be recovered with costs in man-
ner hereafter directed.
4. And be it further enarted, That it shall and
may be law fol for any person or persons to leize
and secure any goods, wares or merchandize, that
shall be difeovered coming out of the lines or en
campments of the enemy or of their adherents, or
that shall be brought out of any place in their ac
tual power or pofleflion in this or the adjacent Rates,
or that may be found in or passing through this
state, together with the boats, carriages, teams
and horses carrying or conveying the fame; which
goods, wares and merchandize, together with the
carriages, teams and horses conveying the fame, or
that may be proved to have assisted in the carriage
thereof, and the persons in whose possession the fame
may b^ found, shall by the captors be brought be
fore some Justice of the Peace of the county where
such seizure shall be made within forty eight hours
after the seizure; or if taken in the creeks, rivers,
founds or bays adjoining to or within the state, shall
be brought before some Justice of the Peace of the
county where larded within the time before limited,
which Justice is hereby empowered and required to
summon to his assistance two of the Justices of the
fa:d county, which two Judices lo summoned are
hereby required to pay ftrirt obedience thereto,
and who shall, with the Justice who issued the sum
mons when met, conititute a court to hear the al
legations 'and evidence produced by both parties,
and if the defendant does not make it appear that
such goods, wares or merchandize did not come
out of the lines or places aforefaid, the said goods,
wares or merchandize, together with the boats,
carriages, teams and horses conveying the fame, or
-that may be proved to have assisted in the convey
ance thereof, fliall be forfeited one half to and for
the use of the captor or captors, to be divided
amongst them as is hereafter direrted, and the other
half to and for the use of the state.
5. And be it further enarted, That in every case
once, or after a term of time to be specially limited
in the said permission or paflport, and that no such
permission or paflport shall be fufficient to protert
any goods, wares or merchandize, attempted to be
carried into or brought out of the lines or places
aforefaid, from seizure or condemnation, or the
person conveying the fame from the penalties in
flirted by this Art, unless the said goods, wares or
merchandize be therein particularly fpecified and
described.
THE
any time not exceeding nine days (unless the arti
cles seized fliall be peiifhable as aforefaid;) and if
a jury shall be demanded by either party, or by
any person on behalf of the Rate, the lame shall be
granted, and a venire shall be issued for summoning
a j ur y °f twelve men, according to whose vet
dirt judgment fliall be given by the court. Pro
vided always, That if it shall appear to the justice
that the goods seized may be in danger of falling in
to the h ids of the enemy, they shall be removed
at the expence of the captor to a place of security,
such as the justice fliall dirert.
6. And be it further enarted, That upon trial of
any goods, wares or merchandize, coming out of
the lines or encampments of the enemy or of their
adherents, or out of any place in their artual power
or possession, or found in or passing through this
where any seizure shall be made in virtue of this
Art at the request of either party, or of any per
son on behalf of the state, the trial shall be adjourn
ed for three days (unless the articles seized ihould
be perishable) and in case of fatisfartory reasons of
fered to the Justices before whom the cause fhallbe
brought by either party, or by any person on behalf
of the state, the trial shall be further adjourned for
state, and seized on suspicion of having been brought
from within the lines or places aforefaid, the bur
den of the proof shall lie on the defendant or de
fendants; and in every case of seizure in virtue of
this Art the costs shall attend the event of the suit.
7. And be it enarted, That in all cases of goods,
wares or merchadize which may have been seized as
having been brought from within the lines or encamp
ments of the enemy or of their adherents, or out of
any p 1 ice in their artu 4 l power or possession, the
fame fliall, by the captor, within forty-eight hours
after such seizure is made, be delivered without
fraud or diminution to some Jußice of the Peace of
the county wherein the fame shall be seized, or in
to which they shall be landed, in whose possession
or custody they fliall remain until trial shall be had;
and the said justice shall cause a true and particular
inventory to be made of the said goods, wares and
merchandize, and on condemnation fliall cause the
lame to be delivered to the collertor of the town
ship, precinrt or ward within which such condem
nation shall be had, who having previously advertis
ed the fame for at least five days in three of the
most publick places of the township, precinrt or
ward, fliall fell the fame at publick vendue, under
the infpertion of the said justice, between the hours
of eleven o'clock before noon, and fix o'clock after
noon. ,in small lots or parcels, or by retail, so as
may be most likely to supply the wants of the in
habitants of the county where fold, and so that no
person may be admitted to purchase above the va
lue of Twenty Pounds at any one seizure, unless
in cases where the article to be fold shall be in
divifble, and shall deliver a fair account of the full
amount of the files within ten days after the fame
shall be elefed, together with the monies arising
therefrom to the said Justice, who, after deducting
the costs of making out the inventory of removal of
the goods for their better security, and the costs
accruing after trial, to be in every inßance taxed
by some Justice of the Peace other than the court
which condemned the said goods, shall dispose of
the remaining monies as is herein before direrted in
this Art.
8. And be it enarted, That if any captor cr other
person shall secrete, appropriate, privately vend, or
in any other way dispose of any goods, wares or
merchandize seized as having been brought from
within the lines or encampments of the enemy or
of their adherents, or out of any place in their ac
tual power or possession as aforefaid, or fliall ne
glert to bring the fame before some Justice of the
Peace for trial within forty-eight hours after seizure
as before mentioned, such captor or other person,
so offending contrary to the true intent and mean
ing of this Art, fliall, if thereof legally convirted on
indirtment before any court where the artion may
be cognizable, be fined at the diferetion of the court
in any sum not exceeding Five Hundred Pounds
[Numb. 236.]