Page:Ruffhead - The Statutes at Large - vol 7.djvu/738

 fM Q.>sp. Aiiifke(itio^oM'(iis6'R^ii^il. A. D. 1756V Juftices may commit De-' fert^rs, ,tobet|eUveredto Crime (hall be committed ; the Commanding Officer or Officers of the refpeflive Regiment, Battalion, KWtate'&c'^' Company or Party in his Majefty's Service in ^te^vVa;' is. and are hereby required to ufe his and their ' ' utmoft Endeavours to deliver overfuch accufed Perfon to the Civil Magiltrate ; and fhall be alfo aiding, and affifting to the Officers of Jufticeih the feizing and apprehending fuch refpeftive Offender, in order to bring him to. his Trial; and if any fuch Commanding Officer fliall wilfully neglecl or refufe, upon Application made to him for that Purpofe, to deliver over any fuch accufed Perfon to the Civil Ma- giftrate, or to be aiding and affifting to the Officers of Juftice-ih the apprehending fuch Offender, every ftjch Officer fo offending, and being thereof convicted before any mvo or more Juftices of the Peice for the Province or Colony where the Fact ihall be committed, fay the Oath' of two credible Witneffes, fhall be ipfo faSlo calhiered, and utterly difabled to hold any Civil or Military Employm.ent in his Majefty's Service ; provided the faid Convidtion be affirmed at the next Quarter- Seffions of the Peace or Gaol Delivery, to be held for the faid Province or Colony, and a Certificate thereof be tranfmitted to the Judge Advocate, who is hereby required to certify the fame to the next Court-martial. VI. And for preventing Soldiers from deferting his Majefty's Service, and encouraging the apprehend- ing of Deferters in the faid Province and Colonies ; Be it further enadted by the Authority aforefaid. That it fliall and may be lawful to and for the Conflable, Headborough, Tythingman, or any other Civil Officer, of the Town or Place where any Perfon who may be reafonably fufpedled to be a De- ferter (hall be found, to apprehend, or caufe him to be apprehended, and to caufe fuch refpedtive Perfon to be brought before any Juftice of the Peace living in or near fuch Town or Place, who Ihall examine fuch fufpedted Perfon ; and if by his own Confeffion, or the Teftimony of one or more credible Wit- nefs or Witneffes upon Oath (which Oath fuch Juftice is hereby impowered to adminifter) it (hall ap-^ pear that fuch Perfon is a lifted Soldier, and ought to be with the Regiment, Company or Battalion to which he belongs, fuch Juftice of the Peace fliall forthwith caufe him to be conveyed to the Gaol of the Town or Place where he (hall be fo apprehended, and tranfmit an Account thereof, either to the Commanding Officer of the faid Regiment, Battalion or Company, or to the Governor or Commander in Chief of the Province or Colony in which fuch Deferter fhall be apprehended, to the End fuch Perfon may be proceeded againft according to Law ; and the Keeper of fuch Gaol (hall receive the full Subfii'cence of fuch Deferter or Deferters, during the Time he or they (hall continue in his Cuftody, for the Maintenance of fuch Deferter or Deferters, but fliall not be intitled to any Fee or Reward on Account of the Imprifonment of fuch Deferter or Deferters-; any Law or Cuftom to the contrary not- W'ithftanding. ■ VIL And for the better Eiicburagement of Perfons to apprehend Deferters, Be it further enacfled by the Authority aforefaid. That the Commanding Officer of the Regiment to which any fuch Deferter fliall belong, fliall pay or caufe to be paid, into the Hands of fuch Perfon who fliall apprehend, or caufe to be apprehended, any Deferter from his Majefty's Service, the Sum of twenty ShiJlings Sterling Money for every Deferter that fliall be fo apprehended and committed. VIII. And for the more effectual preventing any Perfon from harbouring Deferters, or buying their Arms, Clothes or Accoutrements, in the faid Provinces or Colonies : Be it further enacted by the Au- thority aforefaid. That if any, Perfon (hall harbour, conceal or affift any Deferter from his Majefty's Service, knovving him to be fuch, each and every Perfon fo offending (hall forfeit for every fuch Of- fence, the Sum of five Pounds Sterling ; and if any Perfon fliall knowingly detain, buy or exchange, or otherwife receive any Arms, Clothes, Caps, or other Furniture belonging to his Majefty, from any Soldier or Deferter, upon any Account or Pretence whatfoever, or caufe the Colour of fuch Clothes to be changed, each and every Perfon fo offending, fliall forfeit for every fuch Oftence the Sum of five Pounds Sterling, upon Convi6tion, by the Oath of one or more credible Witnefsor Witneffes, before any one or more of his Majefty's Juftices of the Peace of the Colony or Province where the. Offence Ihall be cotTini'tted ; which laid refpective Penalties fliall be levied by Diftrefs and Sale of the Goods and Chattels -of fuch offender or Offenders, by Warrant under the Hand or Hands of fuch Juftice or Juftices of the Peace, and fhall be applied one Moiety to the Informer or Perfon by whofe i'leans fuch Deferter fliall be apprehended, and 'the other Moiety to the Commanding Officer of the Troop or Company to which fuch Deferter or Soldier fliall refpedlively belong ; and in cafe any fuch Offender who fliall be convifted of harbouring or aflifting any fuch Deferter or Deferters, or of having knowingly received any Arms, Clothes, Caps, or other Furnitute belonging to his Majelty, or of having caufcd the Colour of fuch Clodies to be changed, (hall not have fufficient Goods and Chattels to anfwer the Payment of the faid refpedlive Penalties, or fliall not within four Days after Conviction pay the fame, that then, and in every fuch Cafe, fuch Juftice or Juftices of the Peace (hall and may by Warrant under his or their Hand and Seal, or Hands and Seals, cither commit fuch Offender to the Cotnmon Gaol of the Place where the Offence fliall be committed, there to remain without Bail or Mainprize for any Time not exceeding three Months, or caufe fuch Offender to be publickly whipt. -Penalty on IX. Provided always. That if any Officer fliall break open, or forcibly enter any Dwclling-houfe or Reward for taking up De- .Jerters. Penalty on Perfons con- cealing Defert- ers, or buying their Arms, jClotlies, &c. by any Perfon or Perfons who fliall fue for the fame in any Court of Record in any Province or Co- . lony on the Continent of America. -ciaufe for Relief ^- Provided always, audit is hereby enafled by the Authority aforefaid. That when and as often as ffi^erfons haAi- any Perfon or Perfons fliall be inlifted as a Soldier or Soldiers in his Majefty's Land Forces on the Con- ,'/iifting. tinent of America, he and thfiy (hall within the Space of four Days, but not fooner than twenty-four Hours after fuch inlifting, be carried before the next Juftice of the Peace for the County, City or Place, 8 or