Page:Ruffhead - The Statutes at Large - vol 5.djvu/697

 A. D. 1728. Anno primo,GEORGii II. Stat. 2. C. 14. 659 iball by Shipwreck, Capture or other unavoidable Accident be driven or caft away to fuch foreign Parts or Places where fuch Governors, Minifters, Confuls or Merchants refide ; and the faid Governors, Mini- fters, Confuls and Merchants are hereby required to provide for and fubfift fuch feafaring Men and Boys, at or after the Rate of fix Pence per Diem each, and to fend Bills of their feveral Disburfements upon fuch Occasions, together with proper Vouchers for the fame, to the Commiffioners of the Navy for the Cnmrr.ifrinnen Time being, who are hereby directed and required to caufe immediate Payment to be made of fuch Bills of the Navy to ai>! Disburfements, after due Examination of the faid Vouchers; and the faid Governors, Minifters, Con- P»y 'he Charge* fuls ar.d Merchants fball put or fend the faid Men or Boys on board the firft Ship belonging to his Majefty, Confuls, &c. to his Heirs or Succeffors, that {hall arrive at the Parts or Places where they refide, or any other Parts or Pla- s^mc""!!' ces being near or within a convenient Diftancc for that Purpofe ; or in cafe no Ship of War fhall be then in fifftshipi! fuch Parts or Places, or within a convenient Diftance, they (hall fend their faid Men or Boys on board fuch Merchant Ships or Veffels as are bound for any Port in Great Britain, and are in want of Men to make up their Complement; but if neither Cafe happens within aconvenient Time, then they fhall provide and or- der a Paffage homeward for fuch Men and Boys in the firft Merchant Ship or Veffel bound for Great Bri- tain ; and every Matter or Perfon having Charge of a Merchant Ship or Veffel that fhall arrive in fuch fo- reign Parts, and be homeward bound from thence to any Port in Great Britain, fhall be and is hereby required to take on board fuch and fo many of fuch feafaring Men or Boys as the faid Governors, Minifters, Confuls or Merchants fhall direct, not exceeding four for each one hundred Tuns of which his Ship confifts. ' XIII. And for an Encouragement for fuch Mafters of Ships or Veffels to take fuch Seamen or Boys ' aboard, and bring them to Great Britain :' Be it enacted, That every fuch Mafter or Perfon having Mafters of Shins Charp-e of a Ship or Veffel, who fhall produce a Certificate under the Hands of the faid Governors, Mini- to have 6 d. per fters,°Confuls or Merchants, or any of them, certifying the Numbers and Names of the Men or Boys taken J^"™ 1 for * he on board by their Direction, and the Time of taking them on board, and fhall make an Affidavit at his s J a ^ c Return, fetting forth the Time during which he fubfifted fuch Men or Boys, and that he did not, during that Time, want of his own Complement of Men, or how many he did want of fuch Complement, and for what Time, fhall receive from the Commiffioners of the Navy for the Time being (who are hereby re- quired to caufe the fame to be paid) fix Pence per Diem for the Paflage and Provifions of each Man and Boy, from the Day of their Imbarkation homewards, to the Day of their Arrival in Great Britain, or being put into fome Ship of War ; fix Pence per Diem only being deducted for fuch Time, and fo many Perfons as he wanted of his Complement during his Voyage. XIV. Provided always, That nothing in this Act contained fhall extend or be conftrued to leffen or take Not to take away the Allowances or other Advantages made or appointed to or for any Seaman that is or fhall be in the away other Ad- Service of his Majefty, his Heirs or SuccefTors, by any Law or Statute now in Force, or by the Cuftom or stages to Sea- Ufage of the Navy. ' XV. And to prevent for the future, as far as may be, any unjuft or fraudulent Arrefts upon Seamen ' actually belonging to any of his Majefty's Ships, whereby his Majeity and the Publick may be deprived of ' their Service :' Be it enacted by the Authority aforefaid, That no Perfon whatfoever who fhall lift and No Seamen (hall enter himfelf to ferve his Majefty, as a Seaman on board any of his Majefty's Ships or VefTels, fhall be be liable id be liable to be taken out of his Majefty's Service by any Procefs or Execution whatfoever, other than for fome t . a . k ^ n „ " t f llis Criminal Matter, unlefs for a real Debt, or other juft Caufe of Action, and unlefs, before the taking out vicTothenrifc fuch Procefs or Execution, not being for a Criminal Matter, the Plaintiff or Plaintiffs therein, or fome than for fome other Perfon or Perfons on his or their Behalf, fhall make Affidavit before one or more Judge or Judges of Criminal Mat- the Court of Record, or other Court, out of which fuch Procefs or Execution fhall ifliie, or before fome ter .- "nl<^ the Perfon authorized to take Affidavits in fuch Courts, That to his or their Knowledge, the Sum juftly due Debt amounts and owino - to the Plaintiff or Plaintiffs, from the Defendant or Defendants in the Action, or Caufe of Action, t0 20 * on which fuch Prccefs fhall iffue, or the Debt or Damage and Cofts, for which fuch Execution fhall be iflued out amounts to the Value of twenty Pounds at the leaft, a Memorandum of which Oath fhall be marked on the Back of fuch Procefs or Writ, for which Memorandum or Oath no Fee fhall be taken. And if any Perfon fhall be neverthelcfs arrefted, contrary to the Intent of this Act, it fhail and may be law- ful for one or more Judge or Judges of fuch Court, upon Complaint made thereof by the Party himfelf, o"r by any his fuperior Officer, to examine into the fame by the Oath of the Parties, or otherwife, and by Warrant under his or their Hands and Seals to difcharge fuch Seamen fo arrefted contrary to the Intent of this Act without paying any Fee or Fees, upon due Proof made before him or them, that fuch Seaman fo arrefted'was actually belonging to one of his Majefty's Ships or VefTels, and arrefted contrary to the Intent of this Act, and alfo to award to the Party fo complaining, fuch Cofts as fuch Judge or Judges fhall think reafonable, for the Recovery whereof he fhall have the like Remedy that the Perfon who takes out the faid Execution might have had for his Cofts, or the Plaintiff in the faid Action might have had for the Recovery of his Cofts,, in cafe Judgment had been given for him with Cofts againft the Defendant in the faid Action. ' XVI. And to the End thathoneft Creditors who aim only at the Recovery cf their juft Debts due to ' them from fuch Seamen as are actually belonging to fome of his Majefty's Ships, may not be hindred from _' Arreft which may hurt the Service, and occafion a great Expence and Delay to themfelves, maybe en- ' abled to proceed in a more fpeedy and eafy Method :' Be it further enacted by the Authority aforefaid, Plaintiff may That it fhall and may be lawful to and for any Plaintiff and Plaintiffs, upon Notice firft given in Writing e ™f a coramo ' 1 of the Caufe of Action to fuch Seaman or Seamen in his Majefty's Service, or left at his or their laft Place p^ceed^Tidi of Refidence, before his entring into his Majefty's Service, to file a common Appearance in any Action to ment) &c . he brought for or upon Account of any Debt whatfoever, fo as to intitle fuch Plaintiff or Plaintiffs to proceed Gmanhg Sce- ther'einto judgment and Outlawry, and to have an Execution "thereupon, other than againft the Body or m "> /«/ 4 P 2 Bodies - c '°- 2 - c - '•
 * ' fuine for the fame, but on the contrary may be affifted and forwarded in their Suits, and inftead of an