Page:Ruffhead - The Statutes at Large - vol 6.djvu/649

 A. D. 1744. Anno decimo feptimo Georgii II. C. 40. 583 ' X. And whereas by an Act made in the ninth and tenth Years of the Reign of King William the Third, intituled, An Aft far the better preventing the Imbezilment of his Majefly's Stores of War, and prevent- 9 w V *■ 4». ing Cheats, Frauds, and Abufes in paying Seamens Wages ; It is enacted, That from and after the four and ,0 P mcn ' "'■ bcl:ll:>£ StOie% ind Abufes in I Wa E «. upon his Majefly's faid Warlike and Naval or Ordnance Storey (in the Manner as in the faid Act is de- fcribed) or any other Stores, with the Broad Arrow, by Stamp, Brand, or otherwife ; upon Pain that every fuch Perfon or Perfons who (hall make fuch Goods fo marked, as in the faid A£t mentioned, not being a Contractor with his Majefly's Principal Officers, or Commiffioners of the Navy, Ordnance, or Victualling, for his Majefly's Ufe, or employed by fuch Contractor for that Purpofc as aforefaid, (hall for every fuch Offence forfeit fuch Goods, and the Sum of two hundred Pounds, together with Colts of Suit ; one Moiety whereof fhall be to his Majefty, and the other Moiety to the Informer, to be re- covered by Action of Debt, Bill, Plaint, or Information, in any of his Majefly's Courts of Record at Wejlminfler, wherein no Eil'oin, Privilege, Protection, Wager of Law, Injunction, or Order of Reftraint, nor more than one Imparlance fhall be allowed : And it is thereby further enacted, That fuch Perfon Penalty mVrr. or Perfons in whofe Cuftody, Pofleffion, or keeping fuch Goods or Stores marked as aforefaid, fhall be *"<»>« com [ found not being employed as aforefaid ; and fuch Perfon or Perfons who fhall conceal fuch Goods or bt0IC: - Stores marked as aforefaid, being indicted and convicted of fuch Conceal ment, or of the having fuch Goods found in the Cuftody, Pofleffion, or Keeping, fhall forfeit fuch Goods, and the Sum of two hundred Pounds, together with the Cofts of Profecution, one Moiety to his Majefty, and the other Moiety to the Informer, to be recovered as aforefaid; and fliall alfo fuffer Imprifonment, until Payment and Performance of the Forfeiture, unlefs fuch Perfon fhall upon his Trial produce a Certificate, under the Hands of three or more of his Majefly's principal Officers, or Commiffioners of the Navy, Ord- nance, or Victualling, expreffing the Numbers, Quantities, or Weights of fuch Goods, as he or (he (hall then be indicted for, and the Occafion and Reafon of fuch Goods coming to his or her Hands or Pofleffion : And whereas by another Act made in the ninth Year of the Reign of his late Majefty King George the Firft, intituled, An Ail for continuing fame Laws, and reviving others, therein mentioned, for 9 Geo, i.e. S exempting Appothecaries from ferving Parijb and Ward Offices, and upon 'Juries, and relating to Jurors, and to the Payment of Seamens Wages, and the Prefervation of Naval Stores and Stores of War, and concerning the Militia and 'Trophy Money, and againfl clandestine Running of uncuflomed Goods, and for more effeilual pre- venting Frauds relating to the Citjiorns, and Frauds in mixing Silk ivitb Stuffs to be exported ; the aforefaid Act of King William is recited, and a Penalty of two hundred Pounds, with Cofts of Profecution, and Pain of Imprifonment, is inflicted upon Perfons having in their Cuftody, Pofleffion, or keeping, or concealing contrary to the faid Act, any Warlike, Naval, or Ordnance Stores therein mentioned, or any other Stores marked with the Broad Arrow, by Stamp, Brand, or otherwife: And whereas it was neceffary to give Power to mitigate the faid Penalties, and to explain and amend the faid Act, It is thereby enacted, That if any Perfon or Perfons fhall, after the five and twentieth Day of March one thoufand feven hundred and twenty- three, be lawfully convicted of having in his, her or their Cuftody, any Timber, thick Stuff, or Plank fo marked ; every fuch Perfon fo offending fhall fuffer, forfeit, and pay as for having, keeping, or concealing any other Warlike, Naval, or Ordnance Stores, contrary to the faid Act : And it is thereby provided and enacted, That it (hall be lawful to and for any Judge, Juftice or Juftices, before whom any Offender or Offenders fhall be convicted of any of the Crimes or Offences before recited, enacted, or mentioned in the faid Act, to mitigate the Penalty for the fame, as he or they fhall fee Caufe, and to commit the Offender or Offenders fo convicted to the Common Gaol of the County or Place where the Offence fliall be committed, there to remain without Bail or Mainprize, until Payment be made of the Penalty and Forfeiture impofed by that or the faid former Act, or mitigated as aforefaid ; or to punifh fuch Offender or Offenders corporally, by caufing him, her or them to be publickly whipped, or committed to fome publick Workhoufe, there to be kept to hard Labour for the Space of fix Months, or a lefs Time, as to fuch Judge, Juftice or Juftices in his or their Difcretion fhall feem meet ; any Thing in the faid recited Act, or in any other Act to the con- trary notwithftanding : And it is thereby further enacted, That where any Difputes fhall arife between the Perfons upon whofe Informations or Oaths any Perfon or Perfons offending in the Premiffes, or againft the faid former Act, fhall be profecuted and convicted touching any Right or Title to any of the Forfeitures or Penalties before mentioned, or any Part thereof ; the Judge, Juftice or Juftices, before whom fuch Offender or Offenders fhall be convicted, (hall examine the Matter, and finally determine the fame ; and whereas fome doubts have arifen touching the Method of Trial and Punishment of Offenders againft the faid recited Acts, whether as the faid Acts are worded, fuch Offender or Offenders may be indicted and tried for the Crimes and Offences in the faid Acts mentioned, and whether any Judge, Juftice or Juftices of Affize, or Juftices of Peace at the Seffions may hear, try and determine the fame, and on Conviction fet fuch Fine, or mitigate the fame, and the Forfeitures and Penalties in- flicted by the aforefaid Acts, on fuch Offender or Offenders, as the Nature of the Offences may deferve ; or whether fuch Offenders as aforefaid, in order for recovering the faid Forfeitures and Penalties inflicted by the faid Act, can only be proceeded againft by Action of Debt, Bill, Plaint, or Information, in fome of his Majefly's Courts of Record at Wejlminfler ; by Reafon of which Doubts, it has fo happened, that Offenders againfl the faid recited Acts, having been indicted for the fame, have efcaped unpunifhed, to the great Encouragement of fuch Offenders and others, to commit the like Crimes and Offences for the ' future