Page:Ruffhead - The Statutes at Large - vol 7.djvu/737

 A. D. 1756. Anno vicelinio nono Georgii II, C. 35, 717 CAP. XXXV. An Aft for the better recruiting his Majefty's Forces on the Continent of America j and for the better Regulation of the Army, and preventing of Defertion there. ' XX/HEREAS the fpeedy and effecflual recruiting his Majefty's Regiments of Foot, and other 13 c«. z. f. 7. ' W Land Forces in North Amerka, is in the prefent Situation of Affairs of great Importance to ^9 &'"•*•'• S- ' the Security and Defence of the Briti/1) Provinces and Colonies : And whereas there are in feveral of the ' faid Provinces and Colonies, great Numbers of indented Servants, who may be willing to inlift as Sol- ' diers, in fuch of his Majefty's Forces as now are, or hereafter may be, employed in the faid Provinces For obviating whereof, May it pleafe your Majefty that it may be enaded, and be it enacted by the King's moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Tem- poral, and Commons, in this prefent Parliament aflembled, and by the Authority of the fame. That Indented Ser- it fhall and may be lawful to and for all or any of the Officers of any of his Majefty's Forces ferving in y^"" may be America, to inlift as a Soldier or Soldiers, any fuch indented Servant or Servants, in any of the Britijh j", ^^ ^°'' diers. Provinces or Colonies on the Continent of America, who ihall be willing to enter and inlift in any of the faid Forces ; any Law, Cuftom or Ufage to the contrary in any wife notwithftanding. ' IL Provided neverthelefs, That if the Owner, Proprietor or Mafter of fuch indented Servant, fliall Ma'^er objea- objeft to the laid Servant's inlifling as a Soldier, vvithin fix A/Ionths after fuch Inliftment, the Officer in- '"fthin nx°' liftino- fuch indented Servant, or the Commanding Officer of the Regiment or Company in which fuch Months ; indented Servant ftiall ferve, at the Time fuch Objeftion is made, Ihall either give him up to his faid servant to be Owner, Proprietor or Mafter, on receiving back the inlifting Money, or fliall pay fuch Sum as any two reiiored, on re- Juftices of the Peace in the Province or Colony where the laid Owner, Proprietor or Mafter of fuch in- 5,"["'"U'''^J": dented Servant, fo inlifting as aforefaid, doth refide, fhall, on Application of either of the faid Officers, oVsatlsfaftion to adjudge to be a reafonable Recompence to him the faid Owner, Proprietor or Mafter, in Proportion to be made him for the original Purchafe Money given by the faid Owner, Proprietor or Mafter, for the laid indented Ser- Servant's Time. vant, and to the Time of Service yet remaining to be performed in Confequence of his Indenture. III. And to prevent any unjuft or fraudulent Arrefts of Soldiers after they have inlifted in any of the faid Forces ; Be it further enafted by the Authority aforefaid. That no Perfon whatfoever who Ihall lift No Volunteer and enter himfelf as a Volunteer, in any of his Majefty's faid Forces, Ihall be liable to be taken out of '■^^ to Fro- his Majefty's Service, by any Procefs or Execution whatfoever (other than for fome criminal Matter) fome ""i'minar imlefs for a real Debt, or other juft Caufe of Aftion ; and unlefs before the taking out fuch Procefs or Matter, Execution (not being for a criminal Matter) the Plaintiff' or Plaintiffs therein, or fome other Perfon or q^ unlefs for a Perfons in his or their Behalf, ihall make Affidavit before one or more Judge or Judges of the Court, real Debt of the out of which fuch Procefs or Execution fliall illlie, or before fome Perfon authorized to take Affidavits X"'lJ'^f','°h in fuch Court, that to his or their Knowledge the original Sum juftly due and owing to the Plaintiff" or to^be mad? 'Plahitiffs from the Defendant or Defendants, in the Action or Caufe of AcT:ion, on which fuch Procefs fliall iffue, or the original Debt for which fuch Procefs or Execution (hall be iffued out, amounts to the Value of ten Pounds Sterling at leaft, over and above all Cofts of Suit, in the fame AcHon, or in any other Aflion, on which the fame (hall be grounded ; a Memorandum of which Oath (hall be marked ^""^ mayked on •on the Back of fuch Procefs or Writ ; for which Memorandum or Oath no Fee Ihail be taken ; and if '"'=f™';'=- ■any Perfon fo inlifting as a Soldier in his Majefty's faid Forces, fliail neverthelefs be arrefted contrary ^^_^["." ^'.f'^^'^ to the Intent of this Ad, it ihall and may be lawful for any Judge or Judges of fuch Court, or any to be let ar^'"' Tuftice or Juftices of the Peace of the Province or Colony in which fuch Arreft fliall be made, upo.i i-iberty j Complaint made by the Party arrefted, or by any of his fuperior Officers, to examine into die fame, by Oath of the Parties (which Oath he or they are refpecftively hereby impowered to adminifter) or other- wife, and by Warrant under his or their Hand and Seal, or Hands and Seals, to difcharge fuch Soldier fo arrefted or detained cor^trary to the Intent of this Afr, without paying any Fee or Pees, upon due Prcof made before him or them, that fuch Soldier fo arrefted or detained was legally inlifted as a Sol- dier in his Majefty's Service, and was arr.fred and detained contrary to the Intent of this At5i: ; and and Cofts a- alfo to award to. the Party cotnplaining fuch Cofts, as fuch Judge or Judges, Juftice or Juftices 'hall ^|^^^^°'''« think reafonable : For the Recovery whereof, fuch Party ihall have the like Remedy as the Perfon who °'"I' ■""^■''• imade the faid Arreft, or took out the Execution, might have had for his Cofts, or as the Plaintiff in the i'aid Acftion might have had for the Recovery of his Cofts, in cafe Judgment had been given for him ■with Cofts againft the Defendant in the laid Aition. IV. And to the End that honeft Creditors, who aim only at the Recovery of their juft Debts, may not be hindered from fuing for the fame, but may be able to proceed in a more fpeedy and cheap A'le- thod ; Be it further enacfied by the Authority aforefaid, That it Ihall and may be lawful to and for any piain^jg- „_„ Plaintiff or Plaintiffs, upon Notice lirft given in Writing of the Caufe of Action to fuch Perfon or Per- file a commoii fons fo inlifted, or left at his or their laft Place of Pvcfidence before his or their inlifting, to file a com- Appearance, mon Appearance in any Aifion to be brought for or upcn account of any Debt whatlbever, fo as to intitle fuch Plaintiff to proceed therein to judgment and Outlawry, and to have an Execution there- upon other than againft the Body or Bodies of him or them fo inlifted as aforefaid ; this Act, cr any other'Law or Stature to the contrary notwirhftanding. V. Provided always, That if any Commiffion or Non-commifTion Officer or Soldier fliall be accufed Per'o":^"'^^ of any capital Crime, or of any Violence or Offence againft the Perfon,^Eftate or Prcpeity of anv of ^,,|^^^Jj''^.^ his Majefty's Subjedls, which is puniftiabie by the known Laws of the Colony or Province where^ fuch Crime
 * or Colonies : But whereas Doubts may arife, whether fuch indented Servants can be legally inlifted ;'