Page:Ruffhead - The Statutes at Large - vol 8.djvu/196

 i62 C. 6. Anno tricefimo prlmo Georgii II. A. D. 1757. Juftie^ to com- mit them. Account to the S-'creury of the Admiralty. Gaol keeper to receive tie Sub- file nee of De- Jeittrs. Reward king up ers. ft r ta- Dcfeit- Prnp.l'y on Per- Arms, Clothes, hcnd, or caufe him to be apprehended, and to caufe fuch Perfon to be brought before any Juftice of the Peace living in or near fuch Town or Place, v/ho is hereby impowered and required to examine I'uch (ufpc6itd Per- fon ; and if by his Confeflion, or the Teftimony of one or more Witnefs or Witneflcs, upon Oath, or by the Knowledge of fuch Juftice of the Peace, it fhall appear or be found, that fuch fufpeifled Perfon is a Ma- 1 ine duly entered, and ought to be with the Company to which he belongs ; fuch Juftice of the Peace fhall forthwith caufe him to be conveyed to the Gaol of the County or Place where he fhall be found ; or to the Houfe of Corre£lion, or other publiclc Prifon, in fuch Town or Place where fuch Defertcr (hall be appre- anJ tranfmit an bended ; or to the Savoy, in cafe fuch Deferter (hall be apprehended within the Cities of London or IVc/I^ viirjier^ or Places adjacent ; and tranfmit an Account thereof to the Secretary of the Admiralty for the time being, to the end fuch Perfon may be proceeded againfl: according to Law: And the Keeper of fuch Gaol, Houfe of Correction, or Prifon, (hall receive the full Subfiftence of every fuch Deferter, during the Time he fhall continue in his Cuftody, for the Maintenance of fuch Deferter ; but fhall not be entitled to any Fee or Reward, on account of the Imprifonment of any fuch Defertcr ; any Law, Ufage or Cuftom to the contr-iry notv/itliftanding. XXXiV. And for th: better Encouragement of any Perfon or Perfons to fecure or apprehend fuch De- ferters ; Be it further enaiSted by the Authority atbrefaid, That fuch Juftice of the Peace fhall alfo iftue his Warrant in Writing to the Colledlor or Colledlors of the Land Tax Money of the Parifh or Townfhip vyhere fuch Deferter fnall be apprehended, for paying out of the Land Tax Money arifen or to arife in the Year one thoufand feven hundred and fifty-eight, into the Hands of fuch Perfon or Perfons whoflvall appre- hend, or c^ufe to be apprehended, any fuch Deferter from his Majefty's Service, the Sum of twenty Shil- hngs for every fuch Deferter that fhall be fo apprehended and committed ; which Sum of twenty Shillings fhail be fatislied by fuch Collector or Collectors, to whom fuch Warrant fhall be directed, and allowed upon his or their Account. XXXV. And be it further enafted, That if any Perfon fhall harbour, conceal or afTift any Deferter from fons conctaling hJg Majefty's Marine Service, knowing him to be fuch ; the Perfon fo offending fhall forfeit, for every fuch Deierters, or Qftence, the Sum of five Pounds ; or if any Perfon fhall knowingly daain, buy or exchange, or otherwife "^^"^ receive, any Aims, Clothes, Caps, or other Furniture belonging to the King, from any Marine, or Ma* fine Deferter, upon any Account or Pretence whatfoever, or caufe the Colour of fuch Clothes to be chan- ged ; every fuch Perfon fo offending, in each, any, or either of the Cafes aforefaid, fhall forfeit for every fuch Offence the Sum of five Pounds ; and upon Conviction by the Oath of one or more credible Witnefs or Witnefles, before any one or more of his Majefty's Juftices of the Peace, the faid refpe6live Penalties of five Pounds, and five Pounds, fhall be levied by Warrant under the Hands of the faid Juftice or Juftices of the Peace, by Diftrefs and Sale of the Goods and Chatties of the Offender ; one Moiety of the faid firft- mentioned Penalty of five Pounds to be paid to the Informer, by whofe Means fuch Deferter fhall be appre- hended ; and one Moiety of the faid laft-mentioned Penalty of five Pounds to be paid to the Informer ; and the Refidue of the faid refpeClive Penalties to be paid to the Officer to whom any fuch Deferter or Marine did or doth belong : And in cafe any fuch Offender, who fhall be convicted as aforefaid, of harbouring or aflift- ing any fuch Deferter or Deferters ; or having knowingly received any Arms, Clothes Caps, or other Fur- niture belonging to the King ; or of having caufed the Colour of fuch Clothes to be changed, contrary to the Intent of this Act, (hall not have fufficient Goods and Chatties, whereon Diftrefs may be made, to the Value of the Penalties recovered againft him for fuch Offence, or fhall not pay fuch Penalties within four Days after fuch Conviction ; then, and in fuch Cafe, fuch Juftice or Juftices of the Peace fliall and may, by Warrant under his or their Hand and Seal, or Hands and Seals, either commit fuch Offender to the Com- mon Gaol, there to remain without Bail or Mainprize for the Space of three Months, or caufe fuch Of- fender to be publickly whipt, at the Difcretion of fuch Juftice or Juftices. XXXVI. Provided always. That fo much of this ASt as relates to the Punifliment of fuch who fhall har- bour, conceal or allift Deferters, or fhall knowingly detain, buy, exchange, or otherwife receive, any Arms, Clothes, Caps, or other Furniture belonging to the King, from any Marine or Marine Deferter, or caufe the Colour of fuch Clothes to be changed, fhall extend, to all Ends and Purpofes whatfoever, to Irelandy and fhall be put in Execution in that Kingdom, by all Juftices of the Peace, and other Officers refpe£lively, according to the Tenor and during the Continuance of this A£t. XXXVII. And be it further enacted by the Authority aforefaid. That this A(51:, and every Thing herein contained, fhall be and continue in Force from the faid twenty-fifth Day oi March in the Year of our Lord one thou(and feven hundred and fifty-eight, until the twenty-fifth Day of March in the Year of our Lord one thoufand feven hundred and fifty-nine. XXXVIII. And to prevent, as far as may be, any unjuft or fraudulent Arrefts that maybe made upon Marines, whereby his Majefty and the Publick may be deprived of their Service ; It is hereby further en- acted by the Authority aforefaid. That no Perfon whatfoever, who is entered or (hall enter himfelf as a liatk toProc.fs, Volunteer in his Majefty's Service, as a Marine, during the Continuance of this A6t, fhall be liable to be unlefi for fome ^^^^^.j-^ q^j of his Majefty's Servicc by any Procefs or Execution whatfoever, other than for fome criminal Matter, unlefs for a real Debt, or other juft Caufe of Adtion ; and unlefs, before the taking out of fuch Procefs or Execution (not being for a criminal Matter) the Plaintiff or Plaintiffs therein, or fome other Perfon or Perfons on his or their Behalf, fhall make Affidavit before one or more Judge or Judges of the Court of Record, or other Court, out of which fuch Procefs or Execution fliall ifllie, or before (ome Per- fon authorized to take Affidavits 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 die A<5tion or Caufe of Adtion on whkh fuch Procefs fhall iffue, or the original Debt for which fuch Execution fhall be iffued out, amounts This Aft to ex tend to Def'rt- ers &c. lu Ire- land. Continuance of tbi* A£l. No Volunterr criminal Mat- ter, or u ilrfi for a real Debt of the Value of 10 1. Ouh of the llclit ti be trade before a Ju«!ge, snd a Mrmoran- Aiim thereof mark'd on t!ic Back of the Proceft, to the Value of ten Pounds at leaft, over and above all Cofts of Suit in the fame Atftion, or in any other AtStion on which the fame fhall be grounded ; a Memorandum c f whish Oath fhall be marked on the Back fuch Procefs or Writ ; for vkrhich Memorandum or Oalh no F'ce fliall be taken ; And if any Perfoji fhall 3 iievcr- cf