Page:Ruffhead - The Statutes at Large - vol 5.djvu/458

 412 C. 25, Anno odlavo Georgii Regis. A. D. 172 1. or in irrvrjinent Danger of being fhipwrecked either on the High Seas, or in any Port, Creek or Harbour, within his Majefty's Dominions at Home or Abroad, or elfewhere, in order to the preferving them far their proper Owners ; and except fuch Goods or Merchandizes as they fhall at any Time be ordered to take or receive on board by Order of the Lord High Admiral of Great Britain, or the Commiffioners for executing that Office for the Time being, or any three or more of them ; every fuch Captain, Comman- der or Oificer of any of his Majefty's Ships or Veffels of War fo offending, (hail upon his being convicted thereof by a Court Martial, lofe and forfeit the Command and Office he then fhall have in the faid Ship or Veffel of War, and fhall be, and he is hereby for ever afterwards rendred uncapable to ferve any lon- ger in the fame, or in any other Place or Office in the Naval Service of his Majefty, his Heirs and Suc- ceffors ; and fuch Captain, Commander, or other Officer offending as aforefaid, fhall as a further Punifh- ment for his faid Offence, lofe and forfeit to his Majefty, his Heirs and Succeifors, all the Wages due to him for his Service in the Ship or Veffel of War whereunto he fhall belong, when or at any Time after fuch Offence fhall be committed. IX. And be it further enacted, That the faid Captain, Commander, or other Officer of the faid Ship or Veffel of War, and all and every the Owners and Proprietors of fuch Goods or Merchandizes-put on board fuch Ship or Veffel of War as aforefaid, fhalf lofe, forfeit and pay the Value of all and every fuch Goods and Merchandizes fo put on board as aforefaid ; one Moiety of fuch full Value to fuch Perfon or Perfons as fhall make the firft Difcovery, and give Information of or concerning the faid Offence, the other Moiety of fuch full Value to and for the Ufe of Greenwich Hofpital; all which Forfeitures fhall and may be fued for and recovered in the High Court of Admiralty. Such Comman- der and the Pro- prietors of the Goods fnal) for- feit 1 he Value thereof, to the Difcoverer, and Greenwich Ho- fpital. To be recovered in the Admiralty To extend to Afn, &c. To be taken as a publick Ac"r f .and be in Force for feven Years, &c. X. And be it r.lfo enacted, that this Act fhall extend to all his Majefty's Dominions in Afia, Africa and America, and fhall be taken as a Publick Act:, and fhall continue in force for feven Years, from the twen- ty-fifth Day of March one thoufand feven hundred and twenty-two, and from thence to the End of the then next Seffion of Parliament. [Made perpetual by 2 Geo. ». c. 28. feet. 7.] CAP. XXV. An Aft for fupplying fome Defeats in the Statute of the twenty-third of King Henry the Eighth, intituled, An A£l for Obligations to be taken by two Chief Juftices, the Mayor of the Staple, and the Recorder of London, and for fetting down the Time of figning Judgments in the Principality of Wales, and Counties Palatine. ' I.1T7HEREAS Recognizances in the Nature of a Statute-Staple, which are by the Statute of the ' W twenty- third of King Henry the Eighth, appointed to be taken by the two Chief Juftices, ' the Mayor of the Staple, and the Recorder of London, are common and beneficial Securities ; but in re-. ' gard the fame are liable to Damage and Lofs that may happen by Fire, and otherwife, and by Reafon ' of Difficulties arifing by Defects in the faid Statute, great Inconveniencies do accrue to his Majefty's ' Subjects :' For Remedy thereof, and for making the faid Security more effectual, Be it enacted by the King's inoft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Tempo- ral, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That from and after the twenty-fifth Day of March which fhall be in the Year of our Lord one thoufand feven hun- dred and twenty-two,, the Rolls appointed by the faid recited Statute to be made of fuch Recognizances, fhall be varied and made in Manner following; (that is to fay) The Clerk of the faid Recognizances for the Time being, or his Deputy, fhall yearly from thenceforth prepare and keep three Parchment-Rolls as ufual, and fhall at the Times of acknowledging of every fuch Recognizance, fairly write or ingrofs, initead of the Heads or Contents thereof, on the faid Rolls, the full Tenor, in beec verba, of every fuch Recognizance ; and that one of the faid Rolls fhall contain all the Recognizances to be taken before the Chief .Juftice of the King's Bench for the Time being ; and one other of them fhall contain all the Re- cognizances to be taken before the Chief Juftice of the Court of Common Pleas for the Time being ; and the other of them fhall contain all the Recognizances before the Mayor of the Staple at Wejlminjier and Recorder of London for the Time being ; and that at the Time of every fuch Acknowledgment the respective Perfons, before whom fuch Recognizances fhall be taken, and alfo the Party and Parties ac- knowledging the fame, fhall alfo fign their refpedtive Names to the Roll or Inrollment of every Recog- nizance fo taken under the Inrolment thereof, as well as fign and feal the fame Recognizance ; and that all the faid three Rolls fo figned fhall at the End of every Year be fixed together, and be thereby made Clerk of the Re- OI1 e Roll, as accuftomed, and be and remain in the Cuftody of the Clerk of the Recognizances, or his cognizances to rj e p u ty, in his Publick Office in London or Middlefex, who fhall keep a Docket to refer to the faid Roll or Rolls, for the Benefit of Searches by Purchafers and others (as ufed to be) to which Docket alfo fhall be added the Day, Month and Year of every fuch Acknowledgment. II. And be it further enacted by the Authority aforefaid, That in cafe any Lofs or Damage fhall hap- pen to any fuch Recognizance, the fame fhall and may, from any of the faid Rolls, fo to be kept in the or his Deputy, in order to have Procefs thereon, be by him or them, by Cer- 43 H. 3. c. 6. In what Manner the Rolls ap- pointed by 23 H. 8. c. 6. to be made of Recognizances in the Nature of a Statute- Staple;, after Marchac., 1722. jhall be varied. keep a Docquet for Searches. Any Lofs hap- pening to fuch Recognizance, fliail be certified Cuftody of the fail Cleric by the Clerk, or his Deputy into Chjncery, 23 H, 8 c, 6, A Trasifcript of the Entry to be annexed to fuch Certificate j tificate