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Fort Havoc (Wallace Hale)

Info The language of the text is the original used by Wallace Hale. Records acquired by the Provincial Archives are not translated from the language in which they originate.

CAP. XXXVII.

An ACT for regulating Servants.

Preamble.

WHEREAS damage and inconvenience may arise, from Apprentices and indented Servants, leaving the service of their Masters, without a proper discharge;

Indented Servants or Apprentices shall, at the expiration of their term, receive a discharge.

I. Be it enacted by the Governor, Council, and Assembly, That from and after the publication of this Act, all Servants or Apprentices, bound by Indenture, shall at the expiration of the term, for which they are engaged, require and receive from their Master, or Mistress, a discharge or Certificate, of such Servants having served his or her time.

Penalty for harbouring Servants or Apprentices.

II. And if any person shall knowingly hire, or harbour, any indented Servant or Apprentice, till he or she shall produce such Certificate or Discharge, such persons so offending and being thereof convicted before the General Session of the Peace, shall forfeit and pay Five Pounds; to be levied by distress and sale of the offender's goods and chattels, by warrant from such General Sessions, one half of which shall be to the Prosecutor, and the other half for the benefit of the County where the same shall be recovered.

Indented Servants and Apprentices absenting themselves shall make satisfaction by service.

III. And all indented Servants and Apprentices as aforesaid, who shall absent themselves from their service, shall be liable to make satisfaction by service after the time of their Indenture is expired, double the time of service so neglected; and if their absence was in seed time or harvest or the charge of recovering them, be extraordinary, the Court, before whom complaint is made, shall adjudge a longer time of service, proportionable to the damage the Master shall make it appear he has sustained.

Justices of the Peace may give discharges where Masters unreasonably refuse.

Persons making use of false Certificates shall be publicly whipped.

IV. And in case any person shall refuse his or her Servant a Certificate or discharge as aforesaid, such Servant may apply to one of his Majesty's Justices of the Peace in the County where said Master or Mistress does reside, who shall give Notice to said Master or Mistress, and require the reasons for such refusal; and in case no regard is paid to such Notice within Five days, or the Justice, by a reply shall find no sufficient cause for such refusal, he shall without any fee, give such Servant a Certificate to that purpose, which shall be a sufficient discharge from said Indenture. And if any person shall be convicted, of making use of a false Certificate upon Oath before any two of His Majesty's Justices of the Peace, he shall be publicly whipped, not exceeding thirty stripes, at the discretion of said Justices.

Before Indenturs are concluded or assigned, parties to go before a Justice.

V. And be it further enacted, That before any indenture is finally concluded, or assigned over, the parties shall go before one of His Majesty's Justices of the Peace, who shall examine, whether the Apprentice or Servant has any just objection to such Indenture, or Assignment thereof, and if he has not, shall give a Certificate on the Indenture accordingly.

Masters of vessels receiving, harbouring, or concealing Servants, &c. to forfeit £10.

VI. And be it further enacted, That no Master of any Ship or Vessel shall receive, harbour or conceal, on board, any Indentured Servant or Apprentice, on pain of forfeiting Ten Pounds, for every such offence, to be recovered and applied as aforesaid.

Masters shall provide for Servants.

VII. And be it further enacted, That every Master and Mistress shall provide for his or her Servant or Apprentice, according to the full tenor of their agreement.

Two Justices on complaint of Servants, may order relief by discharge or otherwise.

VIII. And every servant or Apprentice, having just cause of complaint, for the non-performance of such agreement, or for hard or cruel usage, may and shall on application to any two of his Majesty's Justices of the Peace, be heard concerning the same, and if said Justices shall find sufficient cause of complaint, they are hereby empowered, and required to make an order, for the relief of said Servant or Apprentice, by a discharge from their service, or otherwise, as they may see fit.

Party not satisfied may appeal to Court of Sessions.

IX. And if either party shall not be satisfied, with the order of said Justices, appeal may be had, to the next General Sessions of the Peace, where the matter shall be finally determined.

Merchants, &c. not to sell on credit to Servants or Apprentices.

X. And be it further enacted, That it shall not be lawful, for any Merchant, Trader, Tavern-keeper, or other person whatsoever, to sell upon credit to any indented Servant or Apprentice; and all actions commenced against such persons, shall and are hereby declared to be void and of no effect.

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C. 37. Anno XXVI. Geo. III. A. D. 1786.

Index

Preamble.		WHEREAS damage and inconvenience may arise, from Apprentices and indented Servants, leaving the service of their Masters, without a proper discharge;
Indented Servants or Apprentices shall, at the expiration of their term, receive a discharge.		I. Be it enacted by the Governor, Council, and Assembly, That from and after the publication of this Act, all Servants or Apprentices, bound by Indenture, shall at the expiration of the term, for which they are engaged, require and receive from their Master, or Mistress, a discharge or Certificate, of such Servants having served his or her time.
Penalty for harbouring Servants or Apprentices.		II. And if any person shall knowingly hire, or harbour, any indented Servant or Apprentice, till he or she shall produce such Certificate or Discharge, such persons so offending and being thereof convicted before the General Session of the Peace, shall forfeit and pay Five Pounds; to be levied by distress and sale of the offender's goods and chattels, by warrant from such General Sessions, one half of which shall be to the Prosecutor, and the other half for the benefit of the County where the same shall be recovered.
Indented Servants and Apprentices absenting themselves shall make satisfaction by service.		III. And all indented Servants and Apprentices as aforesaid, who shall absent themselves from their service, shall be liable to make satisfaction by service after the time of their Indenture is expired, double the time of service so neglected; and if their absence was in seed time or harvest or the charge of recovering them, be extraordinary, the Court, before whom complaint is made, shall adjudge a longer time of service, proportionable to the damage the Master shall make it appear he has sustained.
Justices of the Peace may give discharges where Masters unreasonably refuse. Persons making use of false Certificates shall be publicly whipped.		IV. And in case any person shall refuse his or her Servant a Certificate or discharge as aforesaid, such Servant may apply to one of his Majesty's Justices of the Peace in the County where said Master or Mistress does reside, who shall give Notice to said Master or Mistress, and require the reasons for such refusal; and in case no regard is paid to such Notice within Five days, or the Justice, by a reply shall find no sufficient cause for such refusal, he shall without any fee, give such Servant a Certificate to that purpose, which shall be a sufficient discharge from said Indenture. And if any person shall be convicted, of making use of a false Certificate upon Oath before any two of His Majesty's Justices of the Peace, he shall be publicly whipped, not exceeding thirty stripes, at the discretion of said Justices.
Before Indenturs are concluded or assigned, parties to go before a Justice.		V. And be it further enacted, That before any indenture is finally concluded, or assigned over, the parties shall go before one of His Majesty's Justices of the Peace, who shall examine, whether the Apprentice or Servant has any just objection to such Indenture, or Assignment thereof, and if he has not, shall give a Certificate on the Indenture accordingly.
Masters of vessels receiving, harbouring, or concealing Servants, &c. to forfeit £10.		VI. And be it further enacted, That no Master of any Ship or Vessel shall receive, harbour or conceal, on board, any Indentured Servant or Apprentice, on pain of forfeiting Ten Pounds, for every such offence, to be recovered and applied as aforesaid.
Masters shall provide for Servants.		VII. And be it further enacted, That every Master and Mistress shall provide for his or her Servant or Apprentice, according to the full tenor of their agreement.
Two Justices on complaint of Servants, may order relief by discharge or otherwise.		VIII. And every servant or Apprentice, having just cause of complaint, for the non-performance of such agreement, or for hard or cruel usage, may and shall on application to any two of his Majesty's Justices of the Peace, be heard concerning the same, and if said Justices shall find sufficient cause of complaint, they are hereby empowered, and required to make an order, for the relief of said Servant or Apprentice, by a discharge from their service, or otherwise, as they may see fit.
Party not satisfied may appeal to Court of Sessions.		IX. And if either party shall not be satisfied, with the order of said Justices, appeal may be had, to the next General Sessions of the Peace, where the matter shall be finally determined.
Merchants, &c. not to sell on credit to Servants or Apprentices.		X. And be it further enacted, That it shall not be lawful, for any Merchant, Trader, Tavern-keeper, or other person whatsoever, to sell upon credit to any indented Servant or Apprentice; and all actions commenced against such persons, shall and are hereby declared to be void and of no effect.