IN THE SEVENTEENTH YEAR OF THE COMMONWEALTH. 205 to time as vacancies happen, appoint one or more ballast masters, refiding near the places where veffels ufually ride in fuch river or creek, to be overseers and directors of the delivery and unloading of ballast from on board any ship or veffel, within a certain district to be by them ascertained. a 1792. II. EVERY perfon fo appointed, fhall make oath in open court, that he will How qualified.} when required, diligently attend the delivery of ballaft from on board any vel. fel within his diftrict, and will not knowingly permit the fame, or any part thereof, to be caft into the water where navigable, but will direct, and to the best of his power, cause all fuch bailaft to be brought and laid on fhore at fome convenient place or places, where it may not obftruct navigation, nor be washed into the channel; and, that he will truly and faithfully execute his office, without favor, partiality, or malice. ¿ III. IF any perfon fo appointed, and having notice thereof by an attefted Penalty for failing or copy of fuch appointment, iffued by the clerk, and ferved by the fheriff or other refusing to qualify and officer, which notice the clerk is hereby directed immediately to iffue, and the act, heriff or other officer to ferve, and thereupon make due return to the next court, fhall fail to appear before the faid court, unless hindered by ficknefs or other legal difability, or being there, fhall refufe to be fworn, he fhall be fined fixty dollars; and the court fhall upon every fuch failure or refufal, or in cafe of death, Vacancies, how to he removal, or other legal difability of any perfon so appointed, proceed to ap- fupplied. point another in his room. c IV. EVERY ballaft mafter fo appointed, upon receiving notice from the Their duties. mafter or chief officer on board of any ship or veffel within his district, that ballaft is to be difcharged from fuch veffel, fhall go on board the same, and attend until the whole ballaft is delivered, which he fhall fee brought on fhore, and laid at fome convenient place near the veffel, where it may not obftruct navigation, nor be washed into the channel, fhall thereupon give fuch mafter or officer, certificate that the ballast has been duly unladen from on board fuch ship or veffel, and thall receive from him for the fervices fo performed, eighty-three cents per day. d V. EVERY ballaft mafter failing to do his duty according to this Act, shall Penalty for neglect, forfeit fixty dollars for each default. d VI. EVERY mafter or chief officer of any fhip or veffel having ballaft to Duty of masters of vefunlade, fhall give notice in writing, of the time he proposes to land the fame, to fels intending to unthe ballaft matter of the diftrict; and if he fhall prefume to land or caft overboard Jade ballaßt. any ballaft therefrom, without giving fuch notice, or contrary to the orders he fhall receive from the ballaft mafter of the district, he shall forfeit one hundred and fifty dollars for every fuch offence or failure. d VII. WHEN any perfon fhall die on board of any fhip or veffel within Dead bodies from on this commonwealth, the mafter thereof fhall caufe the dead body to be brought board hips how to be on fhore, and there buried, at least four feet deep above high-water mark, or be fubject to the like penalty of one hundred and fifty dollars. d buried. VIII. IF any fuit be brought for the penalties in this act before contained, Defendants in fuits for the defendant may be ruled to give special bail, and the clerk shall endorfe on penalties to be held to Penalty on mafters of effels putting fick or difabled failors an fhore. IX. IF any mafter or commander of any ship or veffel, fhall discharge, or caufe to be put on fhore, any fick or difabled failor or failors, belonging to his ship or veffel, not entitled to his or their discharge by the contract between them, or any fervant, without taking due care for his or their maintenance and cure, he shall forfeit and pay fixty dollars to the overfeers of the poor of the county or corporation wherein fuch failor or failors, or fervant, shall be put on shore, to be recovered with cofts, by action of debt or information, in any county or corporation court, and applied towards leffening the poor rates of the county or corporation; and he shall also be liable to the action of the overfeers of the poor of that or any other county or corporation wherein such failor or failors, or fervant, shall become chargeable, for all expenfes of maintenance and cure; and in any fuch action or actions, the defendant may be ruled to give special Defendants to be held bail, and the clerk shall endorfe on the writ, that good bail is required: Proto bail. vided, That the faid overfeers of the poor, or either of them, shall make affidavit of the caufe of action, before a magiftrate, which shall be certified to the clerk of the court who shall iffue the writ. e (a) 1785, cb. 96, fec. 1. (b) May 1783, ch. 21, fec. 7. (c) 1748, ch. 29, ec. 13. (d) 1785, ch. 76, fec. 2, 3, 4, 5. (e) 1748, cb. 12, fec. 7. 1785, ch.59. 772, ch. 10. Repealing claufe. Commencement of this X. ALL and every Act, claufe and claufes of Acts, within the purview of this Act, shall be, and the fame are hereby repealed. Provided always, That nothing in this Act contained, fhall be conftrued to repeal any act heretofore made, for fo much thereof as may relate to any offence committed or done before the commencement of this act. XI. THIS A& fhall commence and be in force, from and after the paffing thereof. CHAP. CIX. An A to prevent the malicious burning any Houfe; for taking away Clergy from certain Offences; and for punishing Acceffaries to Felonies, and Receivers of Stolen Goods. [Paffed the 26th of December, 1792.] Felony without benefit I. fons, that shall at any time, either in the night or the day, malicious- of clergy to burn any houfe. Benefit of clergy not to be allowed to thofe who feloniously break any ftore or warehouse and take there from money, or goods of the value of four dollars. When acceffaries in fe. ly, unlawfully and willingly, burn any houfe or houses whatsoever, or shall com- II. ALL and every perfon and perfons, that shall at any time, either in the night or the day, feloniously break any warehouse or ftorehouse, and shall take therefrom any money, goods or chattels, wares or merchandizes, of the value of four dollars or more, although the owner of fuch goods, or any other perfon or perfons, be, or be not in fuch warehouse or ftorehouse, or shall aid, affist, counfel, hire, or command any perfon or perfons fo to break and rob any fuch warehouse or storehoufe, and shall be thereof convicted or attainted, or being thereof indicted, shall ftand mute, or will not anfwer directly to the indictment, or shall peremptorily challenge above the number of twenty perfons returned to be of the jury, shall, by virtue of this act, be abfolutely debarred of, and from the benefit of clergy. a III. IF any principal offender shall be convicted of any felony, or shall lonies fhall be profecu- ftand mute, or peremptorily challenge above the number of twenty perfons re ted in the fame man- turned to be of the jury, it shall and may be lawful to proceed against any acner as if the principals ceffary, either before or after the fact, in the fame manner as if fuch principal had been attainted, Receivers of olen felon had been attainted thereof, notwithstanding fuch principal felon shall be admitted to the benefit of his clergy, pardoned, or otherwife delivered, before attainder; and every fuch acceffary fhall fuffer the fame punishment, if he or the be convicted, or fhall ftand mute, or peremptorily challenge above the number of twenty perfons returned to be of the jury, as he or she should have fuffered if the principal had been attainted. a IV. IT fhall and may be lawful to profecute and punish every fuch perfon goods may be punished and perfons buying or receiving any ftolen goods, knowing the fame to be fto, s for mifdemeanors al- len, as for a misdemeanor, to be punished by fine and imprisonment, although tho' the principals be not convicted. the principal felon be not before convicted of the faid felony, which fhall exempt the offender from being punished as acceffary, if the principal fhall be afterwards convicted. a V. ALL and every Act and Acts, claufe and claufes of Acts, containing any thing within the purview of this Act, (except as herein after provided) fhall be, and the fame are hereby repealed. Provided always, That nothing in this Act contained, fhall be conftrued to repeal any Act heretofore made, for fo much thereof as may relate to any offence committed or done before the commencement of this Ac. VI. THIS Act fhall commence and be in force, from and after the pafing thereof. (a) 1730, ch. 3, fec. 2, 4, 6, 8, |