Page:Ruffhead - The Statutes at Large - vol 7.djvu/207

 A. D. 1749. Anno vicefimo fecundo Georgii II. C. i^, 163 diently to their fuperior Officers, according to the Discipline of the Navy and the faid Articles and Orders herein before efiiabiiftied, then all the Pay and Wages of the faid Officers and Seamen, or of fuch of them as fhall have done their Duty as aforefaid, fhall continue and go on, and be paid to the Time of their Dif- char^-e or Death ; or if they fnall be then alive, to the Time of the holding of fuch Court-martial, or Removal into fome other of his Majefty's Ships of War ; and every iuch Officer and Seaman of any of his Majeily's Ships of War, who after the Wreck or Lois of his Ship (hall z£t contrary to the Dilcipline of the Navy, and the feveral Articles and Orders herein before eftabliflied, or any of them, fliall be fentenccd hy the faid Court-martial, and punifhed as if the Ship to which he did belong was not fo wrecked, loft or deftroyed. XXil. And be it further enafted. That from and after the faid twenty-ntth Day of December one thou- The Pay of th« fand feven hundred and forty-nine, all the the Pay and Wages of fuch Officers and Seamen of any of his Offices ^'"^ Majeily's Ships as are taken by the Enemy, and upon Enquiry at a Court-martial fhall appear by the Sen- '^''"1"'"" ^Y fence of the faid Court to have done their utmoft to_ defend the faid Ship or Ships, and fnice the taking hate bdvav'ed " thereof, to have behaved thcmfelves obediently to their fuperior Officers, according to the Difcipline of the well, refeived. Navy, and the faid Articles and Orders herein before eftablilhed, fhall continue and go on, and be paid, from the Time of their being fo taken, to the Time of the holding of fuch Court-martial, or until they ihall be regularly difcharged from his Majefty's Service, or removed into fome other of his Rlajefty's Ships of War, or (if they fhall die in Captivity, or not live to the Time of the holding of fuch Court-martial) to the Time of their Death, in fuch Manner, and not otherwife, as if the faid Ship or Ships to which they did belong refpeftively, was not or were not fo taken. XXIIJ. Provided always, and be it further enafted. That no Perfon or Perfons not flying from Juftice, No Pcrfon, not fliall be tried or punifhed by any Court-martial for any Offence to be committed againft this Aft, unlefs the ^y'"'i ^f™ J"- Complaint of fuch Offence be' made in Writing to the Lord High Adniiral, or to the Commiffioners for "n'ie'f.com "aint executing the OfBce of Lord High Admiral for the time being, or any Commander in Chief of his Ma- in wridi'^^be" jefty's Squadrons or Ships impowerred to hold Courts-martial, or unlets a Court-martial to try fuch Often- madetu the der fhall be ordered by the faid Lord Fllgh Admiral, or the faid Commiflioners, or the fiiid Commander in Admiralty, &c. Chief, either within three Years after fuch Offence fhall be committed, or within one Year after the Re- "'' ^ """^'^ f"? turn of the Ship, or of the Squadron, to which fuch Offender fhall belong, into any of the Ports of Great "hre^ Yell's 'or Britain or Ireland; or within one Year after the Return of fuch Offender into Great Britain or Ireland. within one Year ' XXIV. And whereas by the faid Aft, intituled, Jn J^ for the more effeifual fupprejfmg of Piracy; it is after the Return ' ficer of the faid Ship or VefTel of War, and all and every the Owners and Proprietors of fuch Goods and Oftender, ' Merchandizes, put on Board fuch Ship or VefTel of War as aforefaid, fhall lofe, forfeit and pay the Va- ' lue of all and every fuch Goods and Merchandizes fo put on Board as aforefaid ; one Moiety of fuch full king the faid in Part recited Aft more ufeful and efFeftual, be it enafted by the Authority aforefaid. That Penalty of or. from and after the twenty-fifth Day of December one thoufand feven hundred and forty-nine, if any Cap- ficers receiving tain, Commander or other Officer of any of his Majefty's Ships or VefTels, fhall receive on Board, or per- onBoMdGooJj, mit or fuffer to be received on Board fuch Ship or Veflel, any Goods or Merchandizes, contrary to the true Intent and Meaning of the eighteenth Article in this Aft before-mentioned and hereby enafted ; every fuch Captain, Commander or other Officer fhall, for every fuch OfFence, over and above any Punifhment in- flifted by this Aft, forfeit and pay the Value of all and every fuch Goods and Merchandizes fo received or permitted, or fuftered to be received on Board as aforefaid, or the Sum of five bundled Pounds of lawful Money of Great Britain, at the Eleftion of the Informer, or Perfon who fhall fue for the fame, fo that no more than one of thefe Penalties or Forfeitures fliall be fued for and recovered by virtue of this and the faid in Part recited Aft, or either of them, againil the fame Perfon, for one and the fame Offence ; one Moiety Appliratlon of of which Penalties or Forfeitures fhall be forfeited and paid to the Perfon who fhall inform or fue for the the Forfeiture,^ fame, and the other R'loiety thereof, to and for the Ufe of the Royai Hofpital at Greenvjich ; which Forfei- Method of ture (hall be fued for and recovered by A£tion of Debt, Bill, Plaint or Information, in any of his Majefty's Recovery, Courts of Record at TFeJlminJJer, or in the High Court of Admiralty, at the Eleftion of the Informer, or Perfon who fhall fue for the fame ; and the Court fhall award fuch Cofts to the Parties as fliall be juft ; and The Court to. hi all Cafes where Judgment or Sentence fhall be given againft any fuch Offender, the Court where fuch Judg- "^^fti'V to the ment or Sentence fhall be given, fhall, with all convenient Speed, certify the fame to the Lord High Admi- :j^'^™'"y t'>^ ral, or to the CommifEoners for executing the faid OfHce. •' ^^''^^• XXV. Provided always. That nothing in this Aft contained, fhall extend, or be conftraed to extend to Limitation of take away from the Lord High Admiral of Great Britain, or the Commiffioners for executing the Office of the Powers of Lord High Admiral of Great Britain, or any Vice Admiral, or any Judge or Judges of the Admiralty,, or "^^'^ ^'^•■ his or their Deputy or Deputies, or any other Officers or Minifters of the Admiralty, or any others having or claiming any Admiral Power, Jurifdiftion or Authority within this Realm, or any other the King's Do- minions, or from any Perfon or Court whatfoever, any Power, Right, Jurifdiftion, Pre-eminence or Au- thority, which he or they, or any of them, lawfully hath, have or had, or ought to have and enjoy, be- fore the making of this Aft, fo as the fame Perfon fhall not be puniflied twice for the fame OfFence. XXVI. Provided neverthelefs, and be it enafted. That the Repeal of the faid before recited Statutes, or Repeal of the- any Part thereof, or any Thing herein contained, fhall not extend, or be deemed to extend to difcharge or '■'-■ciiedSta-utes^ avoid, or prevent any Profecution or Suit commenced, or at any Time hereafter to be commenced againft ""t lo avoidPro- any Perfon or Perfons, for any Offence committed on or before the faid twenty- fifth Day of December one fen"eTuTOnvt-' thoufand feven hundred and forty-nine, or to be committed againft the faid Statutes, or any Part or Parts ted on orbtfcre thereof, but that all Peribns who have been., or fhall, before the faixi twenty-fiith Day of December, be 25 Dec. 1743, Y 2 _ . g.uilty
 * amongft other Things enafted in the following Words, That the faid Captain, Commander or other Of- "f ^e ship or
 * 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 Ui'e of Greenivich Hofpital ; all
 * which Forfeitures fhall and may be fued for and recovered in the High Court of Admiralty :' Now for ma-