Page:Ruffhead - The Statutes at Large - vol 7.djvu/660

 640 C. 6. Anno vicefimo nono Georgii II. A. D. 1756. andaMemoran-of Suit in the fame A(5tion, or in any other Adion on which the fame fhall be grounded; a Memo- narked '"*th andum of which Oath fliall be marked on the Back, of fuch Procefs or Writ ; for which Memorandum l^ocefci ;"" ' or Oatl) no Fee ihall be taken : And if any Perfon (liall nevertlieiefs be arrefted contrary to the Intent of this AA, it (hall and may 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, to examine into the fame by the Oath otherwife Pri- of the Parties, or otherwife, and by Warrant under his or their Hands and Seals, to difcharge fuch foner to be dif- Marine fo arrefted contrary to the Intent of this Aft, without paying any Fee or Fees, upon due Proof Cuitf.'^' ^" made before him or them, that fuch Marine fo arrefted was legally entered as a Marine in his Majefty's Service, and arrefted contrary to the Intent of this Aft ; and alfo to award to the Party fo complaining fuch Cofts as fuch Judge or judges (liall think reufonable : For the Recovery whereof he lliall have the hke Remedy that the Perfon who takes out the faid Execution might have had for his Cofts, or the Plain- tiff in the like Aftion might have had for the Recovery of his Cofts, in cafe Judgment had been given for him with Cofts againlt the Defendant in the faid Aftion. XXXIX. 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 fame, but on the contrary may be affifted 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 proceed in a more fpeedy and cheap Method ; Be it further enafted by the Authority afore- Plaintiff giving f^id. That it ihall and may be lawful to and for any Plaintiff or Plaintiffs, upon Notice hrft given in Notice, may file Writing of the Caufe of Aftion to fuch Perfon or Perfons fo entered, or left at his or their laft Place of a common Ap- Refidence before fuch Entering, to file a common Appearance in any Aftion to be brought for or upon ptaiance, account of any Debt whatfoever, fo as to intitle fuch Plaintiff to proceed therein to Judgment and jOuc- and proceed to lawry, and to have an Execution thereupon, other than againft the Body or Bodies ot him or them fo Judgment. entered as aforefaid ; this Aft, or any Thing herein, or any former Law or Statute to the contrary not- withftanding. Penalty on Con- XL. And be it further enafted by the Authority aforefaid, That if any High Conftable, Conftable, ^^eTlr ^'^' Beadle or other Officer or Perfon whatfoever, who by Virtue or Colour of this Aft ihall quarter or billet, quaner'Ma- °^ ^e employed in quartering or billeting any Marine Officers or private Men, Ihall negleft or refufe for lines. the Space of two Hours to quarter or billet fuch Officers or Marines, when thereunto required, in fuch Manner as is by this Aft direfted, provided fufhcient Notice be given before the Arrival or fuch Forces ; Penalty on ta- or ihall rcccive, demand, contraft or agree for any Sum or Sums of Money, or any Reward whatfoever, king Money to for or on account of excufing, or in order to excufe any Perfon or Perfons whatfoever from quartering fonfrorn'q'uait'^' °^ receiving into his, her or their Houfe or Houfes any fuch Officer or Marine ; or in cafe any Viftualler, lering, and on or any Other Perfon liable by this Aft to have any Officer or Marine billeted or quartered on him or her, Viciuaiiers re- {]^j]] refufe to receive or viftual any fuch Officer or Marine fo quartered or billeted upon him or her as JWaiines.'^^'^'^"'^ aforefaid ; or fhall refufe to furniih or allow, according to the Direftions of this Aft, the leveral Things herein before refpeftively direfted to be furniflied or allowed to Non-commiffion Officers and Marines fo quartered or billeted on him or her as aforefaid, at the Rates herein before-mentioned, and fliall be there- of convifted before any one or more Jultice or Juftices of the Peace of the County, City or Liberty with- in which llich Offence fliall be committed, either by his own Confeffion, or by the Oath of one or more credible Witnefs or WitnefTes (which Oath the faid Juftice or Juftices is and are hereby impowered to adminifter) everjr fuch High Conftable, Conftable, Beadle, or other Officer or Perfon fo offending, fliall forfeit for every fuch Offence the Sum of five Pounds, or any Sum of Money not exceeding live Pounds, nor lefs than forty Shillings (as the faid Juftice or Juffices, before whom the Matter fliall be heard, fliall in his or their Diicretion think fit) to be levied by Diftrefs and Sale of the Goods of the Perfon ollend- ing, by Warrant under the Hand and Seal or Hands and Seals of fuch Juftice or Juftices before whom fuch Offender fliall be convifted, or of one or more of them, to be direfted to any other Conftable wi'thin the County, City or Liberty, or to any of the Overfeers of the Poor of the Pai'ilh where the Offender fliall dwell ; and the faid Sum of five Pounds, or the laid Sum not exceeding five Pounds, nor lefs than forty Shillings, when levied, to be paid to the Overfeers of the Fair of the Pariih where the Offence ihall be committed, or to fome one of them, for the Ufe of the Poor of fuch Parifli. }unices may or- XLI. And for the better preventing Abufes in quartering or billeting the Marines, in purfuance of ff„f'"'1^!^'"^?'h'5 A^^' ^^ "'^ further enafted by the Authority aforefaid. That it fliall and may be lawful to and for eive an Account rn- t,-!'*^/-! i-. ■'•i- i- <-^- ,>. • ;:-,■• t-. . . of the Number '-^^V otve or more (uitice or Juftices of the Peace within their refpeftive Counties, Cities or Liberties, by oi Officers and Warrant or Order under his or their Hand and Seal or Hands and Seals, at any Time or Times during fnJwhe^equar- ^'^ Continuance of this Aft, to require and command any High Conftable, Conftable, Beadle, or other tj:red. Officer who fliall auarter or billet any iMarines in purfuance of this Aft, to give an Account in Wri- t ;ng unto the faid Juftice or Juftices requiring the fame, of the Number of Officers and private Men who ihall be quartered or billeted by them, and alio the Names of the Houfe- keepers or Peribns upon whom every fuch Officer or private Man fliall be quartered or billeted, together with an Account of the Street or Place where every fuch Houle-keeper dwells, and of th.e Sign's (if any) belonging to their Houlcs ; to the End it may appear to the faid Juftice or Juftices where fuch Oificers and private Men are quartered or billeted, and that he or they may thereby be the better enabled to prevent or puniih all Abufes in the quartering or billeting of them. ciaufe for Rq- XLIl. Provided neverthelefs, and it is hereby declared by the Authority aforefaid. That from and after h^lvi*^ nv""'' *'"^ twenty-iil-th Day of Minb one thouland fevcn hundred and fifty-fix, when and as often as any Per- naitiiy lunng. j^n or Perfons (hall be inlifted as a Marine or Marines in his Majefty's Service, he and they (hall, with- in four Days, but not fooner than twenty-four Hours after fuch Inlifting refpeftively, be carried bet'ore 8 the