Page:Ruffhead - The Statutes at Large - vol 7.djvu/608

 5^8 C. ir. Anno vicefimo odavo Georgii II. A. D. 1755. The preceding XXXIII. Provided alv/ays. That fo much of this AA as relates to the Punifhment of fuch who (hall Claufc to extend harbour, coiiceal or affift Dcl'erters, or iliall knowingly detain, buy, exchange or otherwife receive any tp Ireland alfo. /^f^js^ Clothes, Caps or other f'urnitur^, belonging to the King, from any Marine or Deferter, or caufe the Colour of iuch Clothes to be changed, fhall extend tp all Ends and Purpofes whatfoever to Ireland, and fhall be put in Execution in that Kingdom by all Juftices of the Peace, and other Officers refpectively, ac- cording to the Tenor, and during the Continuance of this Act. Continuance of XXXIV. And be it further enacted by the Authority aforefaid, That this Act, and everyThing herein this Aft. contained, fhall be and continue in force frorri the faid twenty-fifth Day o'i March in the Year of our Lord one thoufand feven hundred and fifty-five, until the twenty-fifth Day of March in the Year of our Lord one thoufand feven hundred and fifty-fix. XXXV. And to prevent as far as maybe any unjuft or fraudulent Arrefts that may be made upon Ma- rines, whereby his Majefly and the Publick may be deprived of their Service; it is hereby further enacted NoVcIunteer li-^y jj^g Authority aforefaid, That no Perfon whatfoever who is entered, or fhall enter himfelf as a Volun- u^Hrforfome ^^^''^ '" *^'^ Majefty's Service as a Marine, during the Continuance of this A£t, fhall be liable to be taken crimin? matTc'^r; out of his Majefi)'s Service by any Proceis or Execution whatfoever, other than for fome criminal Matter, or a real Debt of unlefs for a real Debt, or other jult Caufe of Aftion, and unlefs before the taking cut of fuch Procefs or theValueof lol. Execution (not being for a criminal Matter j the Plaintiff" or Plaintiffs therein, or fome other Perfon or Per- h'^"ai?r.*° ^°"^ ^" ^'^ ° '^^''' ^s^^'f' ^^1^ make Affidavit before one or more Judge or Judges of the Court of Re- Jud™e, ^ ^ °'° ^ cord, or other Court out of which fuch Procefs or Execution fhall iliue, or before fome Perfon authorized to taksAffidavits in fuch Courts, that to his or their Knowledge the original Sum juftly due and owing to the Plaintiff or Plaintiffs, from the Defendant or Defendants, in the Adlion or Caufe of Action on which fuch Procefs fliall ifl'ue, or the original Debt for which fuch Execution (hall be ifflied out, amounts to the Value of ten Pounds at leaft, over and above all Colls of Suit in the fame Adtion, or in any other Action and a Memo- on which the fame fliall be grounded, a Memorandum of which Oath fhall be marked on the Back of fuch landurn thereof Procefs or Writ, for which Memorandum or Oath no Fee (hall be taken ; and if any Perfon (hall never- inarked on the fhelefs be arrefled contrary to the Intent of this A6t, it (hall and may be lawful for one or more Judge or ctfs^"^ '"" J"<^ges of fuch Court, upon Complaint thereof made by the Party himfelf, or by any his Superior Officer, ' to examine into the fame by the Oathof the Parties, or otherwife, and by Warrant under his or their otherwife Prifo- Hands and Seals to difcharge fuch Marine fo arrefted, contrary to the Intent of this Act, (without paying ncr to he dif- any Fee or Fees) upon due Proof made before him or them, that fuch Marine fo arrefted was legally entered charged, with ^g ^ Marine in his Majtfty's Service, and arrefted contrary to the Intent of this A£t, and alfo to award to ^°^^' the Party fo complaining, fuch Cofts as fuch Judge or Judges (liall think reafonable, for the Recovery whereof he (liall have the like Remedy that the Perlon who takes out the faid Execution might have had for his Cofts, or the Plaintiff" in the like Aftion might have had for the Recovery of his Cofts, in cafe Judg- ment had been given for him with Cofts, againft rhe Defendant in the faid Action. XXXVI. And to the end that honeft Creditors who aim only at the Recovery of their juft Debts, due to them from Perfons entered as Marines into his Majefty's Service, may not be hindered from fuing for the f^me, but on the contrary may be aff.fted and forwarded in their Suits, and inftead of an Arreft, which may at once hurt the Service, and occafion a great Expence and Delay to themfelves, may be enabled to Plaintiff giving proceed in a more fpeedy and cheap Method ; J3e it further enacted by the Authority aforefaid. That it (liall Notice may file and may be lawful to and for any Plaintiff or Plaintiffs, upon Notice firft given in Writing of the Caufe of a Common Ap- ^(Stion to fuch Perfon or i erfons fo entered, or left at his or their laft Place of Refidence, before fuch enter- ^'^^' '"■ ' ing, to file a common Appearance in any Adticn to be brought for or upon account of any Debt whatfoever, and proceed to fo as to intitle fuch Plaintiff to proceed therein to Judgment and Outlawry, and to have an Execution Judgment and thereupon. Other than againft the Body or Bodies of him or them fo entered as aforefaid; this A<St, or any xecution. Thing herein, or any former Law or Statute to the contrary notwithftanding. XXXVII. And for the better preventing Abufes in quartering or billeting Marines in purfuance of this Aft ; be it further enafted by the Authority aforefaid. That it (hall and may be lawful to and for any one Juftices may or- 01' more Juilice or Juftices of the Peace within their rcfpedtive Couniies, Cities or Liberties, by ^Varrant or derCouftables to Order Under his or their Hand and Seal, or Hands and Seals, at any Time or Times during the Continuance B'.^'j ^" ■'^"°""' of this Adt, to require and command any High Conrtable, Conitable, Bedel or other l^fficer, who Ihall Officers and Pr'i-1"'"^^ °^" billet any Marines in purfuance of this A£t, to give an Account in^Vriting i;nto the faid Juftice vate Men, and or Juftices requiring the fame, of the Number of Officers and Private Men who (liali be quartered or bii- •where quartered, leted by them, and alfo the Names of the Houfe-keepers or Perfons upon whom every fuch Officer or Pri- vate Man (hall be quartered or billeted, together with an Account of the Street or Place where eeiy fuch Houfe-keeper dwells, and of the Signs (if any) belonging to their Houfes, to the end it may appear to the faid Juftice or Juftices where fuch Officers and Priv:;te Men are quartered or billeted, and that he or they may thereby be the better enabled to prevent or punilh all Abufes in the quartering or billeting of them. onicers and Pri- XXXVIII. Provided always, audit is hereby declared. That all his Majefty's Marine Forces, as well vjte Men while Officers as Private Men, (hall from Time to Time, during their being refpedively borne as Part of the King°s'ships°to Complement of any of his Majefty's Ships or Veff'cls, be fubjeiSt and liable, in like manner, in all Refpedts be governed ac- as any Officers or Seamen employed in his Majefty's Sea Service are fubjetit and liable to be governed, ac- fording toi.z cording to the Purport, Tenoi", F^ft'etSt and true Inteiit and Meaning of an Adt of Parliament made in the Geo. 2. c. 33. twenty-fecondYear of his prefent Majefty's Reign, intituled. An Act for /miending, explaining, and reducing Sxfai-iler 39 ii'to one Atl of Parliament, the Laivs relating to the'Government of his Majcjly's Ships, Vcjfcls and Forces by Sea ; c.s. s, c6, this prdent Adt, or any Thing herein contained, notwithftanding. CAP.