Chap. 0045 AN ACT FOR PREVENTING AND PUNISHING THE DESERTION OF SOLDIERS IN THE EXPEDITION AGAINST CROWN POINT, OR IN DEFENCE OF THE FRONTIERS OF THIS GOVERNMENT.
Preamble.
Sheriffs, constables, &c, may apprehend deserters, &c.
Allowance for apprehending deserters.
Whereas soldiers duly inlisted, or to be inlisted or impressed, for the present expedition against Crown Point, or for the defence of the frontiers of this province, have deserted, and may hereafter desert, and be found wandering, or otherwise absenting themselves illegally from his majesty's service,?
Be it therefore enacted by the Governour, Council and House of Representatives,
[Sect. 1.] That it shall and may be lawful for the sheriff of any county, or either of his deputies, or any constable or tythingman of the town or place, or any other person, where any person, who may be reasonably suspected to be such a deserter, shall be found, to apprehend or cause him to be apprehended, and to cause such person to be brought before any justice of the peace living in or near such town or place, who hath hereby power to examine such suspected person ; and if, by his confession, or the testimony of one or more witness or witnesses, upon oath, or by the knowledge of such justice of the peace, or any other proof, it shall appear or be found that such suspected person is a listed or impressed soldier, as aforesaid, tho'[???/&] listed or impressed in any other government, and that he ought to be with the troop or company to which he belongs, such justice of the peace shall forthwith cause him to be conveyed to the goal of the county or place where he shall be found, and transmit an account thereof to the commander-in-chief or secretary of this province ; and such deserter shall be returned to his service by the first opportunity, and the keeper of such goal shall receive the full subsistence of such deserter or deserters, during the time that he or they shall continue in his custody, for the maintenance of the said deserter or deserters, but shall not be intitled to any fee or reward on account of the imprisonment of such deserter or deserters.
And for the better encouragement of any person or persons to secure and apprehend such deserter or deserters,?
Be it farther enacted,
[Sect. 2.] That upon the certificate of such justice of the peace to the province treasurer, there shall be paid by him to such persons as shall apprehend, or cause to be apprehended, any deserter from his majesty's said service, forty shillings and the costs of prosecution, to be deducted out of his wages, for every deserter that shall be so apprehended and committed.   [Passed April 20 ; published April 21, 175G.