Page:Ruffhead - The Statutes at Large - vol 6.djvu/499

 A. D. 1741. Anno decimo quarto Geo rg 11 II. C. 38. 433 ' .lefs for a real Debt, or other juft Caufe of Action, and unlefs before taking out fuch Procefs or Ex- ecution (not being for a criminal Matter) the Plaintiff or Plaintiffs therein, or fomc other Perfon or ' Perfons on his or their Behalf, (hall make Affidavit before one or more Judge or Judges of the ' Court of Record, or other Court out of which fuch Procefs or Execution (hall iiTue, or before fome « Perfon authorized to take Affidavits in fuch Courts, that to his or their Knowledge the Sum juftly due ' Caufe of Action, on which fuch Procefs fhould iffue, or the Debt or Damages and Cofts for which '. fuch Execution mould be iffued out, amounted to the Value 'of twenty Pounds at the leaft, a Mc- ' morandum of which Oath fhould be marked on the Back of fuch Procefs or Writ, for which Memo- ' randum or Oath no Fee fhould be taken : And that if any Perfon (hould be arretted contrary to the ' Intent of the faid Act, it (hould be lawful for one or more Judge or Judges of fuch Court, upon ' Complaint thereof made by the Party himfelf, or by any his fuperior Officer or Officers, 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 Seaman fo arretted contrary to the Intent of the faid Act, without paying any ' Fee or Fees, upon due Proof made before him or them, that fuch Seaman fo arretted was actually ' belonging to one of his Majefty's Ships or Veffels, and arretted contrary to the Intent of the faid ' Act ; and alfo to award to the Party fo complaining fuch Cofts as fuch Judge or Judges fhould think ' reafonable ; for the Recovery whereof, he fhall have the like Remedy that the Perfon who took out ' for the Recovery of his Cofts, in cafe Judgment had been given for him with Cofts againft the De- ' fendant in the faid Action : And it was thereby further enacted, That it fhould and might be lawful ' for any Plaintiff and Plaintiffs, upon Notice firft given in Writing of the Caufe of Action to fuch ' Seaman or Seamen in his Majefty's Service, or left at his or their laft Place of Refidence before his en- ' tering into his Majefty's Service, to file a common Appearance in any Action to be brought for or ' upon Account of any Debt whatfoever, fo as to intitle fuch Plaintiff or Plaintiffs to proceed therein ' to Judgment and Outlawry ; and to have an Execution thereupon, other than againft the Body or ' Bodies of him or them fo actually belonging to one of his Majefty's Ships as aforefaid : Now it is hereby further enacted, That fo much of the faid Act of the flrft Year of his prefent Majefty, as relates This Aft to ex- to the preventing and prohibiting any Seaman from being taken out of the Service of his Majefty, his tend to Ireland. Heirs or Succeffors, or to any other of the Matters and Things herein before recited, (hall, from the twenty-fifth Day of March one thoufand feven hundred and forty-one, be exercifed, executed, take Effect, and be of Force within the Kingdom of Ireland. ' IV. And whereas Mariners and Seafaring Men, taking Advantage of the prefent War with Spain, Seamen in ' have infilled on very extravagant Wages, by which the Trade of the Nation, and the Manning of the Merchants Ser- ' Royal Navy, is put under great Difficulties ;' For Remedy whereof, be it enacted by the Authority p'^dmore^han aforefaid, That from and 'after the twenty-fifth Day of March in the Year of our Lord one thoufand 35 s. perMonth, feven hundred and forty-one, until the firft Day of March following, no Perfon or Perfons, Bodies Po- except fuch Stick or Corporate, fhall by themfelves, or by any other Perfon or Perfons, directly or indirectly, by ^remade^e- way of Gift, Loan, Premium, Depofit, or by any other Means, Device or Contrivance whatfoever, fore March u, give or pay, or agree to give or pay, to any common Seaman, Mariner or Seafaring Man, or any Perfon 174°- EXP. employed or to be employed as fuch, on Board any Merchant Ship or Veffel ; nor (hall any fuch Sea- man, Mariner or Seafaring Man, or other Perfon as aforefaid, directly or indirectly, by any the Means aforefaid, take or receive more Wages, Pay or Hire, than after the Rate of thirty-live Shillings per Month, and in the fame Proportion for any greater or letter Time than a Month, for his Service during the Whole or any Part of the Voyage he (hall be bound for or go upon, excepting what (hall be paid or received by virtue of, and according to, fuch Contracts in Writing, which have been, or (hall be, made on or before the eleventh Day of March one thoufand feven hundred and forty, really and bona fide, according to' the Method, and in the Manner, prefcribed in and by an Act of Parliament of the fecond Year of his prefent Majefty's Reign, intituled, An A cl for the better Regulation and Government AeTraOeo. 2. of Seamen in the Merchants Ships ; and all Contracts, Agreements, Bonds, Notes, Writings, Inftruments c. 36. and Securities, of what Nature or Kind foever, for the paying or receiving more or greater Wages, Pay or Hire than as aforefaid, contrary to the true Intent and Meaning of this Act, if made or entered into after the twenty-fifth Day of March one thoufand (even hundred and forty-one, and before the firft Day of March following, are hereby declared to be, and (hall be abfolutely void to all Intents and Pur- pofes whatfoever ; and if made or entered into after the eleventh Day of March in the Year one thou- fand feven hundred and forty, and on or before the twenty-fifth Day of the fame Month, (hall be void only as to fo much of the Wages, Pay or Hire thereby agreed for, as (hall exceed the Rate and Propor-. tion of thirty-five Shillings per Month, according to the true Intent and Meaning of this Act; and if p ena ltyon giv- any Perfon or Perfons, or Bodies Politick or Corporate, fhall give or pay, or agree to give or pay, to ing greater any Seaman or other Perfon, any more or greater Wages or Hire than as aforefaid, contrary to the true Wages. Intent and Meaning of this Act, fuch Perfon or Perfons, or Bodies Politick or Corporate, (hall, for every fuch Offence, forfeit treble the Sum or Value fo given or paid, or agreed to be given or paid, as aforefaid, for the whole Voyage on which fuch Ship or Veffel is or (hall be bound, the faid Penalty to be divided and paid in Moieties ; one Moiety thereof to the Ufe of the King's Majefty, his Heirs and Succeffors, and the other Moiety to the Informer ; and to be recovered by Action of Debt, Bill, Plaint or Information, in any of his Majefty's Courts of Record at JVeftminJier, and in the Court of Exchequer in that Part of Great Britain called Scotland. EXP. Vol. VL K k k V, Provided,
 * and owing to the faid Plaintiff or Plaintiffs, from the Defendant or Defendants in the Action, or
 * the faid Execution might have had for his Cofts, or the Plaintiff in the faid Action might have had