Page:Ruffhead - The Statutes at Large - vol 3.djvu/547

 A. D. 1692. Anno quarto Gulielmi Sc Mart^. C. i. /199 i LXVIII. AnJ be it further cna6lcil, That if any of the Officers which are appointed hy this A£t to re- , ceive the faid Sum of fcvcn hundred thoufand Pounds, liercby appropriated for Payments rcdating to tiieir j Majefties Navy, or any Part thereof, fhali after the P>.eceipt of the faid Money,' divert or mifapply the j fume, or ariy Part thereof by virtue of any Warrant from the Commiffioners of the Trcafury, oi- from the ; Lord Treafurer, or other fupcrior Officers for the 'i'ime being, contrary to ilie true Intent 6f this A6t, ! that then fuch Officer or Officers fo diverting or mifcpplying the faid Monies, (hall forfeit the bice Sum fo ' diverted or mifappbed ; which faid Forfeiture fliall be recovered by A6i-ion of Debt, Bill, Plaint, or Infor- mation in any of their Majefties Courts at JVcftmhifttr, wherein no Eiloin, ProtetSlion, or Wager of Law : fllali be allowed ; the one Moiety of which Forfeiture fo to be recovered, fhall be to the Informer, or him j who fhall fue for the fame, the other Moiety thereof to be dillribiited to the Poor of the Parifli where fuch, i Offence fhall be committed. ' ' LXIX. And be it further enabled. That if any Officer or Officers mentioned in this Aft, or in any ' ■ wife belonging to the Exchequer, Navy, or Ordnance, fhall willingly and wilfully offend againft this j Law, or any Claufe thereof, by diverting or mifapplying any Part of the faid Sum of fevon hundred '
 * thoufand Pounds appropriated for Payments relating to their Majefties Navy, as aforcfaid, contrary to the

true Intent of this Aft, that for any and every fuch Offence, fuch Officer and Officers fo oftcnding, fliall i ' iorfeit his Office and Place, and is, and are hereby difabled, and made uncapable to hold or execute the j ! ikid Office, or any other Office whatfocver for the futiu'e. j LXX. Provided alfo and be it cnafted, That no flay of Profecution upon any Command, Warrant, ' Motion, Order, or Dircftion, hy Ncn vuh ulteriin projcqui, fliall be had, made, admitted, received or al- 1 ftiatlonj or otherwife, for the Recocry of all or any the Pains, Penalties, or Forfeitures, upon any Pe'r- J ' fon or Perfons by this Aft inflifted, or therein mentioned, or for or in order to the Conviftion or Difa- bility of any Perfons offending againit this Aft. ) LXXI. Provided always, and be it enafted. That out of the Monies hereby appropriated to and for the All Monic: if- i '■ Payment of Officers and Seamen that have ferved and fhall ferve in their Majefties Navy Royal, and to ^"^'"^°'' '^p™^ ' and for the paying for naval Stores and Provifions (other than for Viftuals) and to and for the Expences ^,j^g"/c" ^„pj' : of their Majefties Office of the Ordnance, in refpeft of naval Affairs, and for other neceffary Ufes and for Viflua!.-) j I Services performed and to be performed for the faid Navy, all fuch Part thereof as fhall be ifTued and paid to be paid ia  I by the Treafurer of the Navy by Warrant of the principal Officers and Commiffioners of the Navy, or Coutfe, j any three or more of them for naval Stores and Provifions, fliall be paid in Courfe to every Perfon »r < Perfons, or their Affigns to whom any fuch Money is, or fliall be due, according to the Dates of the Bills i ' or Contracts regiftred for the fame, and not otherwife ; And that out of all fuch further Part of the faid ' | Monies as fhall be ifTued and paid to the Lieutenant and principal Officers of the Ordnance, or the Pay- ' mafler thereof, or his Deputy, for the Expence of his Majefties Ordnance as to naval AfFairs, and by them or the faid Pay-mafler refpeftively to any Perfon or Perfons for Ammunition or any other Ufe or Service relating to the Office of the Ordnance, ihall be in like manner paid in Courfe to every fuch Perfon or, '<. Perfons, or their Affigns refpeftively, according to the refpeftive Dates of the Bills and Contrafts for the i fa-ne, and not otherwife : And the Comptroller of the Navy, and S tore -Tcee per of the Ordnance are here- 1 •fay refpeftively required to keep one or more Book or Books in their refpeftive Offices, wherein all Bills i and Contrafts in reference to the Navy, and Office of the Ordnance for fuch Bills and Contrafts refpec- ; ■tlvely, as aforefaid, fliall be duly regiftred, that all and every Perfon or Perfons concerned therein may have recourfe thereunto without paying any Fee or Reward for fo doing ; And if any Preference of one be- .: fore another fhall be made, either in point of Regiflry or Payment, contrary to the true Meaning of j this Aft, either by the faid Treafurer of the Navy, or Pay-mafter of the Ordnance, or Comptroller of j the Navy, or Store-keeper of the Ordnance, or any of them, or their refpeftive Deputies or Clerks, then '. the Party offending fhall be liable by Aftion of Debt, or on the Cafe, to pay- double the Value of the J Debt, Damages and Colts to the Party grieved ; all which faid Penalties, Damages and Cofts to be in- '"j curred by the Perfons aforefaid, or any of them refpeftively, fhall and may be recovered by the faid Par- I ty grieved, by Aftion of Debt, Bill, Plaint, or Information in any of their Majefties Courts of Record ] at Weftminjier, v/herein no Effoin, Proteft.ion, Privilege, Wager of Law, Injunftion, or Order of Re- • flraint fhall be in any wife granted or allowed. i LXXII. Provided neverthelefs, That it ihall and may be lawful for the faid Lieutenant and princi- Officers of Ord, : pal Officers of the Ordnance, and the Officers of the Navy-board, upon any emergent or extraordinary "*';"°^^*'>'" ,; Occafion, to pay any of the faid Monies appropriated by this Aft to any Perfon or Perfons upon Account, tr°ord'iiwy" Oc- ; by way f.i Impfeft ; any Thing herein ccntained to the contrary notwithltanding. ca'nons may pay ' LXXin. Provided alfo. That it fhall not be conftrued any Preference to incur any Penalty in point Impveft Moaay. of Payment in courfe, as aforefaid, if the faid Treafurer of the Navy, or Pay-mafter of the Ordnance, or j fheir Deputies refpeftively do pay fubfequent Bills of Perfons which come and demand their Money, and j bring their Warrant or Order in their Courfe for tVie farrie, fo as there be fo much Money refeived as will j fotisfy precedent Bills or Contrafts regiftred, as aforefaid, which fhall not be otherwife difpofsd of, but • j kept for them in the faid refpeftive Offices., 5'Sa C A Pi
 * lowed by any Court whatfoever, in any Suit or Proceeding by Aftion of Debt, Bill, Plaint or Infor-. .]