Page:Ruffhead - The Statutes at Large - vol 6.djvu/225

 A. D, 1734. Anno feptimo Georgii II. C. 15. 163 'tn- bcr T.2.. Writings (hall be good and available in Law or Equity, and may be given in Evidence in any Court what- GmmtiUgMt foever; and the Cleric, Apprentice or Servant therein named (hall be capable of following and exer- '"{^J'^f^i^ cifing their respective intended Trades or Imploymcnts, as fully as if the faid Rates and Duties fo omit- 20 C7«. 2. <■. 45 ted had been duly paid, and the full Sum or Sums received or agreed for as aforefaid had been inferted ; v~ G"- 2> '■ z i and the Perfons who have incurred any Penalties by the Omiflions aforefaid, (hall be acquitted and dis- charged of and from the faid Penalties ; any thing in this or the, faid former Acts to the contrary in any wife notwithitanding. CAP. XV. An Act to fettle how far Owners of Ships fliall be anfwerable for the Acts of the Malters or Mariners. H E R E AS it is of the greater!: Confequence and Importance to this Kingdom, to promote the lncrcafe of the Number of Ships and Veflels, and to prevent any Difcouragement to Mer-
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' chants and others from being interefted and concerned therein : And whereas it has been held, that ' in-many Cafes Owners of Ships or Veflels are anfwerable for Goods and Merchandize (hipped or ' put on Board the fame, although the faid Goods and Merchandize, after the fame have been fo put on ' Board, (hould be made away with by the Matters or Mariners of the faid Ships or Veflels, without the ' Knowledge or Privity of the Owner or Owners, by Means whereof Merchants and 01 hers are greatly ' to the Prejudice of the Trade and Navigation of this Kingdom : ' Therefore for afcertaining and fettling how far Owners of Ships and Veflels (hall be anfwerable for any Gold, Silver, Diamonds, Jewels, precious Stones or other Goods or Merchandizes which (hall be made away with by the Ma- lters or Mariners, without the Privity of the Owners thereof ; Be it enacted by the King's moit Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and 1 emporai, and Commons, in this prefent Parliament aflembled, and by the Authority of the fame, That no Perfon or Owners of or Perfons who is, are or (hall be Owner or Owners of any Ship or Veflel fliall be fubject or liable to Ships, aft f r .*4 anfvver for or make good to any one or more Perfon or Perfons any Lofs or Damage by reafon of any onlTto forfeit * Imbezzlement, fecreting or making away with (by the Matter or Mariners, or any of them) of an] Gold, Silver, Diamonds, Jewels, precious Stones or other Goods or Merchandize, which from and j ' ; nA after the twenty-fourth Day of June which fliall be in the Year of our Lord one thoufand fes'en hun- bezztements "' dred and thirty-four, (hall be (hipped, taken in or put on board any Ship or Veflel, or for any Act, committed Matter or Thing, Damage or Forfeiture done, occafioned or incurred,- from and after the faid twenty- without their fourth Day oi June one thoufand feven hundred and thirty-four, by the faid Malter or Mariners, or ^- nowe, S e - any of them, w'ithout the~ Privity and Knowlege of fuch Owner or Owners, further than the Value of the Ship or Veflel, with all her Appurtenances, and the full Amount of the Freight due or to grow due for and during the Voyage, wherein fuch Imbezzlement, fecreting or making away with as aforefaid, or other Maleverfation of the Malter or Mariners fliall be made, committed or done ; any Law, Ufage or Cuftom to the contrary thereof in any wife notwithltanding. ' prietorsfuffer" II. And it is hereby further enadted by the Authority arbrefaid, That if feveral Freighters or Proprie- byfuchimbez- tors of any fuch Gold, Silver, Diamonds, Jewels, precious Stones or other Goods or Merchandize, ziement.andtha lhall fuifer any Lofs or Damage by any of the Means aforefaid in the fame Voyage, and the Value of the ship, e &c. t>enot Ship or Veflel with all her Appurtenances, and the Amount of the Freight due or to grow due during fufficient to fuch Voyage, (hall not be fufricient to make full Compenfation to all'and every of them, then fuch' C0I ?Pf n J? te . Freighters or Proprietors fliall receive their Satisfaction thereout in Average, in Proportion to their refpective proportions' to Lodes or Damages : And in every fuch Cafe it (hall and may be lawful to and for fuch Freighters or Pro- be determined prietors, or any of them, on Behalf of himfelf and all other fuch Freighters or Proprietors, or to and by j A I er p 5 J' h for the Owners of fuch Ship or Veflel, or any of them, on" Behalf of himfelf and all the other Part- ters o/o'wrier^ Owners of fuch Ship or Veflel, to exhibit a Bill in any Court of Equity for a Difcovery of the total may exhibit a Amount of fuch Lodes or Damages, and alio of the Value of fuch Ship or Veflel, Appurtenances Bill for difcover- and Freight, and for an equal Diftribution and Payment thereof amongft fuch Freighters or Pro- n f S fucn Lofies" &c. owners of Part-owners ' they do net exhibiting luch collude with any of the Defendants thereto, and (hall thereby offer to pay the Value of fuch Ship or AmdavT'toYhe Veflel, Appurtenances and Freight, as fuch Court (hall direct; and fuch Court (hall thereupon take fuch Bill, that they Method for afcertaining fuch Value, as to them fliall feem juft, and (hall direct: the Payment thereof do not collude in like Manner as is now ufed and pradtifed in Cafes of Bilis of Interpleader. fondants. . IV. Provided always, and it is hereby declared and enacted That nothing in this prefent Adt con- This Aftnot t0 tained (hall extend or be conftrued to extend to impeach, lefien or difcharge any Remedy which any leiren any Re- Perfon or Perfons now hath, or fliall or may hereafter have againlt all, every or any' the Malter and f» e <iy which the Mariners of fuch Ship or Veflel, for or in refpedt of any Imbezzlement, fecreting or making away e| ta^fy Law with any Gold, Silver, Diamonds, Jewels, precious Stones or Merchandize, (hipped or loaded on againft the Ma- board fuch Ship or Veflel, or on account of any Fraud, Abufe or Maleverfation of and in fuch Ma- fter or Mariners (tcr and Mariners refpedtively ; but that it (hall and may be lawful.to and for every Perfon or Perfons fo meats'. injured or damaged to purfue and take fuch Remedy for the fame, againft the faid Malter and Mariners refpedtively, as he or they might have done before the making of this Act. y 2 c a P.
 * difcouraged from adventuring their Fortunes, as Owners of Ships or Veflels, which will neceflarily tend