Page:Ruffhead - The Statutes at Large - vol 8.djvu/210

 1^6 C. 10. Anno tricefimo primo Georgii II. A. D. 1757.* When the Pay XXV. And be it further enabled by the Authority aforcfaid, That from and after the faid firft Day of Books are cloiiJ, ^^ovcmhcf, whcn and fo often as any cf the Pay Books of the Ships or Veilels of his Majefly, his Heirs or Tickets, upin^.g^j,^grj'^j.g^ {hall be clofed, fuch Seaman as fiiall not then receive, or have received, the Wages, Pay or l>e"niadVout at Other Allowances of Money due to them, {hall, upon Application made by them to the Commiflioners of the KavyCffi.e, the Navy, at their Board, have or receive Tickets made out to them to the Value of the faid Wages, Pay for fuch Men as or Other Allowances due to them refpedlively ; and the faid CommilTioners are hereby diredled and required have not bten ^g make out the faid Tickets accordingly, and to caufe the fame to be dated, numbered, regiftered and paid ft "^^"^^f^ in Courfe, once a Month. to be paid, in ' Courfe oijce a Month. BritiA Cover- XXVI. And be it further ena£ted by the Authority aforefaid, That the Governors, Miniflers and Con- nors Miniftrrs, j-^jg appointed, or that {hall be appointed, by his Majefty, his Heirs or Succeflbrs, in Foreign Parts, and chant's^ in Fo"' refiding there, or where none fuch are refiJent, any two or more Briti/h Merchants then and there refiding, reic-n Parts, are fhall, from and after the laid firft Day of November, be, and are hereby authorized, direfted and required to proviJe for to fend and provide for all Seafaring Men and Boys, Subjects of Great Britain, that {hall by Shipwreck, Briiiiii Seamen Capture Or Other unavoidable Accident be driven or cafl away to, or that {hall be difcharged as unfervice- and Bo)'s of the j^j^jg ^^q^ jj^jy of the Ships or Veflels of the Royal Navy, at fuch Foreign Parts or Places, where fuch Go- caot^ur'T'ordif- vcmors, Minifters, Confuls or Merchants refide ; and the faid Governors, Miniflers, Confuls and Mer- charged'as un. chants are hereby required to provide for and fubfift fuch Seafaring Men and Boys, at or after the Rate of ferviceable, and fix Pcnce per Diem each ; and to fend Bills of their feveral Difburfements upon fuch Occafions, together lubfift them at with proper Vouchers for the fame, to the Commijiioners of the Navy, at their Board, who are hereby Bn ^^pt?'^""' direded and required to caufe immediate Payment to be made of fuch Bills and Difburfements, after due Difourfemcnts Examination of the faid Vouchers ; and the faid Governors, Minirters, Confuls and Merchants {hall put or with the Vouch- fend the faid Men or Boys on Board the firft Ship belonging to his Majefty, his Heirs or Succeflbrs, that ers, to be fent to fiiall arrive at the Parts or Places where they refide, or any other Parts or Places, being near or within a the Navy Board, convenient Diftancc for that Purpofe ; or in cafe no Ship of War ftiall be then in fuch Parts or Places, or Th ^Mn t b "^'^'^'^'" '^ convenient Diftance, they {liall fend fuch Men or Boys on Board fuch Merchant Ships or VefTels fent homeon ^^ '^''^ bound for any Port of Great Britain, and are in want of Men to make up their Complement ; but if boa'd the firft neither Cafe happens within a convenient Time, then they {hall provide and order a PafTage homeward for Kir.g'sShip, fuch Men and Boys, in the firft Merchant Ship or Veflel bound for Grm^ i?nV^f;; ; And every Mafter or or Merchant Perfon having Charge of a Merchant Ship or Veftel, that {hall arrive in fuch Foreign Parts, and be home- GreatBihain *° ward bound from thence to any Port Great Britain, Ihall be, and is hereby required to take on Board i/ift f f h ^'■'^^ ^"^ ^° many of fuch Seafaring Men or Boys, as the faid Governors, Minifters, Confuls or Mcr- shipste receive chauts {liall dirccSi, not exceeding four for each one hundred Tons of which his Ship confifts. the faid Men and Coys on Board j XXVII. And, for an Encouragement for fuch Maftcrs of fuch Ships or Veflels to take fuch Seamen or Boys abroad, and bring them to Great Britain, Be it further ena<fled by the Authority aforefaid. That every ^'^^"'^" n-°^^ f"<^h Mafter or Perfon having Charge of a Ship or Veflbl, who fhall produce a Certificate under the Hands for all' fuch a""' of the faid Governors, Minillers, Confuls or Merchants, or any of them, certifying the Number and Names ftail be above of the Men or Boys taken on Board by their Direction, and the Time of taking them on Board, and {hall b.sComplement; make an Affidavit at his Return, fetting forth the Time during which he fubfifted luch Men or Boys, and upon producing ^^-p^^ he did not, during that'Time, want of his own Complement of Men, or how many he did want of " Certificate, ^-^^j^ Complement, and for what Time, {liall receive, and the Commiflioners oi the Navy, at their Board, properVffidavit, ^re hereby required to caufe to be paid to fuch Mafter or other Perfon as aforefaid, fix Pence per Diem for the Paftage and Provifions of each Man and Boy, from the Day of their Embarkation homewards to the Day of their Arrival in Great Britain, or being put into fome Ship or Vefiel of his Majefty, his Heirs, or S'lccelTors ; fix Pence per Diem only being dedu6led for fu^h Time, and for fo many Perfons, as fuch Mafter, or other Perfon as aforefaid, wanted of the Complement of his Ship or Vefiel, during the Voyage. XXVIII. And, to prevent for the future, as far a«; may be, any unjuft or fraudulent Arrefts upon Seamen actually belonging to any of the Sliips of his Majefty, his Heirs or Succeflbrs, Be it alfo enacted by the Seamen rot T- Authority aforefiiid, That from and after the faid firft Day of November, no Perfon whatfoever, who fliall ab c 'obc taken lift and enter himfi-lf to ferve as a Seaman on Boaid any of the Ships or Veflels of his Majefty, his Heirs or outoftheSer- SucccfTors, {liall bc liable to be taken out of the Service of his Majefty, his Heirs or Succefl'ors, byanv Pro- vicc, except for ^^^^ q^ Execution whatfoever, either in Great Britain, Ireland, or any other Part of his Majefty 's Domi- iTb-'tcVorTieal '^'""^' Other than for fome criminal Matter ; unlefs fuch Procefs or Execution be for a re:il Debt, or other Debt of'the Va- juft Caufe of A6tion, iuid unlefs before the taking out of fuch Procefs or Execution, not being for a crimi- lueof 2ol. nal Matter, the Plainiift' or Plaintiff's therein, or (bme other Pcribn or Perfons on his or their BehalV, fhall Oaih to be nude make Affidavit before one or more Judge or Judges of the Court of Record, or other Court, out of which oftheDebtbc- fiich Procefs or Execution fhall ifiuc, or before fome Perfon authorized to take Affidavits in fuch Courts, foiea Ju'fuc, that to his or their Knowledge the Sum juftly due and owing to the Plaintiff or Plaintiffs, from the Defen- dant or Defendants in the Action or Caufe of AcStion on which fuch Procefs fhall iiuic, or the Debt or Da- mage and Coft for which fuch Execution fliall be iifiied out, amounts to the Value of twenty Pounds at the and m?ikcd on Itaft ; a Memoratlum of which Oath fhall be marked on the Back of fuch Procefs or Writ, for which Me- tht Ba<kof the morandum or Oath no Fee fhall be taken ; and if any Perfon be neverthelefs arrelfed, contrary to the Intent S'^r^an to bc ^^ ^'^'^ ^*^' '^ ^^'^ ^"'^ """^y ^° lawful for one or more Judge or Judges of fuch Court, upon Complaint oihtrwifc dif- made thereof by the Party himfelf, or by any one of his fuperior Officers, to examine into the fimie, by chained witliuut the Oath of the Parties, or otherwife, and, by Warrant under his or their Hands and Seals, to difcharge Fee, futh Seamen fo arreftcd contrary to the Intent of this Act, without paying any Fee or Fees, upon due Proof made befcre Iiim or them, that lucli Seamen fo aricfted were a6tually belonging to one of the Ships or Wt(- and recover {tls of his Majt Ity, his Ucirs or Succeflbrs, and arrefted contrary to the Intent of this Act, and alfo to ^'*""- award