Regulations, as to intercourse. for such time, and in such manner, as shall from time to time be directed for that purpose, by the lieutenantgovernor, or by the governor or commander in chief of this dominion, for the time being, by and with the advice and consent of his Majesty's council: And that, during the time, and until the respective ships shall be discharged of such quarentine, no person coming, or goods imported in such ship or ships, shall come on shore, or go on any other ship, or be landed or put into any other ship, vessel or boat, in any place within this colony: Nor shall any person go on board any such ship, without licence first had and obtained in writing, under the hand of such person or persons who shall be authorized and appointed to see such quarentine duly performed. And that the said ships, and the persons and goods coming and imported, in, or going on board the same, during the time of quarentine; and all ships, vessels, boats, and persons, receiving any goods or persons under quarentine, shall be subject to such orders, rules, and directions, touching quarentine, as shall be made by the lieutenant-governor, or the governor or commander in chief of this colony and dominion, for the time being, by and with the advice and consent of his Majesty's council, and notified by proclamation. Penalty for III. And be it further enacted, by the authority aforebreach of re- said, That from and after the publication of this act, gulations. if any commander, or master, or other person, taking charge of any ship or vessel, so coming from any place infected, as aforesaid, shall himself, or shall permit or suffer any seamen belonging to such ship, or any passenger therein, to quit such ship or vessel, by going on shore, or by going on board any other ship, boat, or vessel whatsoever, during the time of the said quarentine, and until such ship shall be discharged from quarentine, without such licence first had and obtained, as aforesaid; then, and in all and every such case and cases, every such ship and vessel, with her tackle, apparel, and furniture, shall be forfeited to his Majesty, his heirs and successors; and shall and may be seized, sued for, and recovered, in the court of vice-admiralty in this colony, to Power of of the use of his Majesty, his heirs and successors. ficers. And further, that if any person or persons whatsoever, who shall arrive in any port or place within this colony, in any ship or vessel, which shall, by reason of its coming from any foreign country infected with the plague, be L obliged to perform quarentine, shall, after the publication of this act, quit such ship or vessel, by coming on shore, or by going on board any other ship or vessel, before, or while under such quarentine, it shall and may be lawful for the persons appointed to see the quarentine duly performed, to compel, and in case of resistance, by force and violence, to compel such person and persons to return on board such ship, and there to remain during the time of quarentine. And such per- Penalty for sons so leaving such ship, and being thereof, after the leaving ship, expiration of his quarentine, convicted by the oath of one or more credible witnesses, before any one or more justice or justices of the peace, living near the place. where the offence shall be committed, shall forfeit such sum, not exceeding twenty pounds, as such justice or justices shall adjudge; to be forthwith paid down, into the hands of such justice or justices, who are hereby impowered, according to his or their discretions, to reward the informer out of the same, not exceeding one third part, and are hereby required to pay the remain- informer. der, necessary charges being deducted, to the use of the poor of the parish, where such conviction shall be had. And in default of such paiment, it shall be lawful for such justice or justices of the peace, to commit such offender to the public goal of the county where such conviction shall be had, for any time not exceeding one month. Allowance to IV. And be it further enacted, by the authority afore- Punishment said, That if any person whatsoever, from and after for going on the publication of this act,shall presume to go on board, board, withand return from any such ship or vessel so required to out license. do quarentine, before, or during the time of such quarentine, without such licence as aforesaid, every such offender shall and may be compelled, and in case of resistance, may by force and violence be compelled, by the persons appointed, as aforesaid, to return on board such ship, and there to remain during the time of her quaréntine; and the master of such ship is hereby obliged to keep and maintain such person on board accordingly. V. And be it further enacted, by the authority afore- Power of of said That it shall and may be lawful for any officer of ficers of cus the customs, or others who shall be directed to take toms. care that such quarentine be duly performed, to seize any boat or skiff belonging to such ship or vessel, or Penalty for suffering persons to leave the ship, &c. Watch to be kept. Ship, when to be releas ed. which shall be therewith found, and to detain the same, until such quarentine shall be performed: And in case any such officer, or other person so intrusted, as aforesaid, shall voluntarily suffer any seaman belonging to such ship or vessel, or any passenger therein, to quit such ship or vessel, while under quarentine, every such offender shall forfeit the sum of one hundred pounds; one moiety thereof to his Majesty, his heirs and successors, for and towards the support of this government, and the contingent charges thereof; and the other moiety to the person or persons who shall inform or sue for the same, in any court of record within this colony: To be recovered with costs of suit. VI. And be it further enacted, by the authority aforesaid, That the persons appointed to see the said quarentines performed, in the several counties adjoining to the places where the quarentines are or shall be appointed to be performed, do, and they, or any one or more of them, are hereby required, forthwith, and from time to time, when quarentine shall be appointed to be performed, to cause watches to be kept both day and night, in the most proper and convenient places, within the several adjacent parishes, with strict orders to them, and they are hereby required, not to permit or suffer any person whatsoever, to come on shore from, or go on board any ships under quarentine, except such only as have, or shall have, the charge of seeing the quarentine duly performed, or as shall be licenced, as aforesaid. VII. And it is further enacted, That after the quarentine shall have been duly performed by any ship or vessel, and the person or persons therein, according to the proclamation to be issued, by the lieutenant-governor, or the governor or commander in chief of this colony, for the time being, with the advice and consent of the council, as aforesaid, and this act; and upon proof to be made, by the oaths of the master or other person having the charge of the said ship, and two of the persons belonging to such ship or vessel, before any officer of the customs of this colony, of the port or place where such quarentine shall be performed, or before any other person to be appointed to see such quarentine performed, (who are hereby authorized and required to administer such oath,) that such ship or vessel, and all and every the person and persons therein, have duly perform ed the quarentine, as aforesaid; and that the ship or vessel, and all the persons on board, are free from infection; then, and in such case, such officer of the customs, or other person to be appointed, as aforesaid, are hereby required to give a certificate thereof; and thereupon, such ship or vessel, and all, and every person and persons therein, and thereunto belonging, shall be liable to no further restraint or detention during that voiage, by reason of any matter or thing contained in this act. ported, to be opened and VIII. Provided nevertheless, and it is hereby enacted, That the goods imported in such ships, shall, after such Goods imquarentine performed, be opened and aired, in such place or places, and for such time as shall be directed aired. by such proclamation, as aforesaid. CHAP. III. An Act for enforcing and rendring more effectual the Treaties already made, or hereafter to be made, with foreign Indians. WHEREAS the Indians of the five nations, and 1. W others their dependants, having wars with di [From edit. 1733, p. 323.1 Recital of treaty of vers nations of southern Indians, for many years past peace, made have taken their marches along the frontiers of this at Albany. colony, and many robberies and other hostilities have been committed by their parties, to the great damage and disturbance of the inhabitants in the said frontier settlements: And whereas, for preventing the like injuries for the future, several treaties have been set on foot with sundry of the Indian nations, inhabiting within the limits of his Majesty's plantations to the northward of this dominion, as well for restraining the said Indians within certain limits in their marches and huntings, as for preventing any combinations between them and the Indians tributary to this government, which might prove prejudicial to the public peace: And more especially, certain preliminary articles having been proposed on the part of this government, and agreed to by the Indians of the five nations, whereby the said five nations have solemnly and faithfully promised, that none of their Indians shall, at any time hereafter, cross Potowmack river, nor pass to the eastward of the great Tributary Fimits. Offenders ridge of mountains, without a licence or passport from the governor of the province of New-York, for the time. being; and on the other hand, the Indians tributary to this government, have, in like manner, solemnly engaged, that none of them shall pass over Potowmack river, or go to the westward of the same great ridge of mountains, without the licence or passport of the governor of this his Majesty's colony and dominion, for the time being: Which said preliminaries are now intended to be speedily ratified, in a treaty intended to be had between commissioners from this government, and the said five nations, at Albany. For the better enforcing and rendring more effectual the said preliminaries, and such other treaty as shall hereafter be entred into, for the security of his Majesty's subjects inhabiting this dominion. II. Be it enacted by the Lieutenant-Governor, Counpass certain cil and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That from and after the ratification of the present intended treaty at Albany, it shall not be lawful for any Indian or Indians tributary to this government, to cross Potowmack river, nor pass the great ridge of mountains lying westward of the inhabited parts of this colony, without a licence or passport first had and obtained from the governor or commander in chief of this dominion, for the time being, under the seal of the colony, containing the number of the Indians so licenced, and the occasion for which the same shall be granted: And if any Indian or Indians tributary to this government, may be kil- shall, after the time aforesaid, presume to pass to the led, or trans- northward of Potowmack river, or to the westward of ported and the great ridge of mountains, or shall go in greater sold asslaves. numbers than are particularly mentioned in such licence, every Indian and Indians so offending, and being thereof convicted, shall suffer death, or be transported to the West-Indies, there to be sold as slaves, as shall be awarded by the court, hereby appointed for trial of the said offences. And if any such tributary Indian, departing out of the limits aforesaid, without such pass as is afore-mentioned, shall there happen to be killed, either by foreign Indians, or by any of his Majesty's subjects inhabiting the parts or places beyond the said limits, or shall be, by either of them, taken up and transported or sold, no reparation or satisfaction shall |