Page:Ruffhead - The Statutes at Large - vol 7.djvu/94

 50 3^' Anno vicefimo Georgii II. A. D. r 747. D f.i.lcJ Sesmen XXXIV. And be it. further enacted by the Authority aforcfaid. That in cafe any Seaman or other Perfon having ilii-eJ fhall ferve five Years or more, on board Merchant or other ivate Ships or mc, and fnaU become decrepit and worn out, Veflels, belonging to different to fur wlierc they Jl2ve cnnh'i buled moft, Sc^imen Hiip- wiock-edj or Pr:- fojicrs, to be relieved! Where Certi- iicates cannot be hadj others to be aUovved. S«amen !n the nd paid 5 Ycar^ pojijY^ aj^ij j-j,^]] l,.jye p,jy the fix Pence /i6T Month for that Ti .e provided and adjudged, cither by the faid Prefident and AiTiftants, or the refpedtive Truftees, a proper Objedi of Relief, fuch Perfon fliall be jjrovidcd for and relieved at the refpeiSfive Port where he {hall have contributed and piid the greateft Part of the faid Duty of fix Pence pe?- Month for the laft five Years of his Service ; any thing herein conlaincd to the contrary thereof in any wife notwithftanding. ' XXXV. And whereas it may happen that Seamen employed in the Merchants Service, within the ' Limits of this A£l, may be (liipwrecked, or taken by the Enemies of his Majefly, his Heirs and Succef- ' fors, and on their Return from Imprifonment, may be travelling with PafTes to the Place of their refpec- ' tive /bodes ;' Be it enadled by the Authority aforefaid, That it fhall and may be lawful for the faid Pre- fident and Governors, or the refpecStive Truftees, if they think fit, to relieve any fuch Seaman in fuch Manner as they fnall think proper ; any thing in this AiSl contained to the contrary thereof in any wife notwithftanding. ' XXXVI. And whereas there may be fome Circumftances wherein the Certificates herein before-men- ' tioned cannot be obtained ;' Be it therefore further enadled by the Authority aforcfaid. That in all Cafes where the Certificates direded to be produced by this Aft cannot be obtained, fuch other Certificates as (hall be fatisfaftory to the faid Prefident and Governors, or Truftees refpeftively, fhall be received and allowed of to intitle the Party producing the fame to the Penfions or other Relief provided by this Ait ; any thing herein contained to the contrary thereof in any wife notwithftanding. ' XXXVII. And whereas the United Company of Merchants of England trading to the £q^ Indiesy ' have, at their own Expence, conftantly provided for fach Seamen employed by them as have been ren- ' dered incapable of preient or future Service, by Sicknefs, Wounds, or other accidental Misfortunes, and ' for the Widows and Children of fuch Seamen as have been killed, fiain or drowned in their Service, ' and have eftabliflied a fufficient Fund for that Purpof;, and are willing to continue fuch Provifion, and ' are therefore defirous that the Officers and Seamen employed in their Service, and the Servants and Ap- ' prentices of fuch Officers, may be exempted from the Payment of the faid fix Pence per Month ;' Be it therefore enafted by the Authority aforefaid. That noMafter or Commander, Officer, Mariner or Seaman or India Company's Servant or Apprentice of any Mafter or Commander, or Officer of any Ship or Veflel, of or belonging unto Strvice exempt- ^^ em.ployed, or which fhall be employed by or in the Service of the faid United Company of Merchants of paiiy's Service, fliall in any wife be liable or fubject to the faid Duty or Payment of fix Pence per Month ; but that every fuch Mafter or Commander, Officer, Mariner or Seaman, and every Servant and Ap- prentice of fuch Mafrer or Commander, or Officer of any Ship or VelTel of or belonging unto, or em- ployed by or in the faid Company's Service as aforefaid, fhall, during the Time of fuch Service be totally exempt from the Payment thereof; any thing in this Aft contained to the contrary notwithftanding. XXXVIII. Provided always. That no Mafter or Commander, Officer, Mariner or Seaman, or any Ser- 'ant or Apprentice of any Mafter or Commander, or Officer employed in the Service of the faid United Com- pany, fhall have or be intitled to any Benefit by this A(5t, for or in refpeft of any Incapacity by Sicknefs, Wounds or other accidental Misfortune happening unto them, during the Time of their being employed in in the faid Company's Service ; nor fliall the Widows or Children of fuch Seamen as fhall be killed, flain or drov/ned fn the Service of the faid United Company, be intitled to any Benefit or Relief by or from this A6t, by Reafon or Means of any fuch Seamens being killed, flain or drowned during the Time they ihall be employed in the faid Company's Service as aforel'aid. XXXIX. And be it further enaiSled by the Authority aforefaid. That all and every the pecuniary Forfei- tures and Penalties which fliall be incurred by virtue of this Aft, or any Claufe therein contained, fhall be fued for and recovered in any of his Majefty's Courts of Record, in that Part of Great Britain called England, wherein no Eflbin, Protefbion, Privilege, Wager of Law, or more than one Imparlance, fhall be allowed; and if a Verdidt fliall pafs for the Plaintiff in any fuch A£tion, Bill, Plaint or Information, ihcn fiich Plaintiff fhall have and be allowed Double Cofts of Suit ; and that one Moiety of all and every the faid Forfeitures and Penalties, when recovered, fhall go and be applied to the Ufcs and Purpofes of this AiSt, and the other Moiety to the Ufe of fuch Perfon as fliall fue for the fame in Majincr aforefaid. XL. And be it further enafled by the Authority aforefaid. That this A£l fhall be deemed and taken to be a publick Aft, and fliall be judicially taken Notice of as fuch by all Judges, Jufticcs and others, without fpecially pleading the fame; and if any Adtion fliall be brought, or Suit commenced againft any Perfon or Perfons, for any thing done in purfuance of this A6t, or in relation to the Premifles, or any of them, every fuch AcSlion or Suit fhall be laid or brought within three Months next after, in the County or Place where the Fa6t was done, and not elfewhcre; and the Defendant or Defendants, in fiich A(Elion, may plead the General Iffuc, and give this Aft, and the Special Matter in Evidence, at any Trial to be had thereupon ; and that the fame was done in purfuance and by the Authority of this Aft; and if the iamc fliall appear to have been fo done, or if any fuch Aftion or Suit fhall not be brotight within the Time before limited, or fhall be brought in any other County or Place than as aforefaid, then the Jury fliall find for the Defendant or Defendants ; or if the Plaintiff" or Plaintiffs fliall become nonfuited, or fufter a Difcontinuance of his, her or their Aftion or Aftions, or if a Verdift fhall pafs againft the Plaintiff' or Plaintiffs, the faid Defin- I5oub)eCons. dant or Defendants fliall have Double Cofts, and fliall have fuch Remedy for recovering the fame, as any amermng Sra- Defendant or Defendants hath or have for Cofts in other Caufes byLaw, rrtfnfeejMrthcr Bl Geo. 2. C, 52e 14 Geo, 2. e. 47. and excluded. ?otfe!ture! how to he recovered, and applied. Povible Certs. Publick AG. Limitation of Actions, Csneral liTue.
 * ' Endand trading to the Eqft Indies-, during the Time they fhall be fo rcfpedtively employed in the faid Com-