Page:Ruffhead - The Statutes at Large - vol 8.djvu/357

 C. 9. A. D. 1758. Anno tricefimo fecundo GEORGII II. XXXIX. And to the end that honeft Creditors, who aim only at the Recovery of their juft Debts due to them from Perfons entered as Marines in his Majeſty's Service, may not be hin- dered from fuing for the fame, but on the contrary may be affifted and forwarded in their Suits ; and inſtead of an Arreft, which may at once hurt the Service, and occafion a great Expence and Delay to themſelves, may be enabled to proceed in a more ſpeedy and cheap Method; Be it fur- ther enacted by the Authority aforefaid, That it fhall and may be lawful to and for any Plaintiff or Plaintiff giving Notice, Plaintiffs, upon Notice first given in Writing of the Caufe of Action to fuch Perfon or Perfons fo may file a Common entered, or left at his or their laft Place of Refidence before fuch Entering, to file a Common Ap- Appearance, pearance in any Action to be brought for or upon Account of any Debt whatſoever, fo as to intitle and proceed to Judg- fuch Plaintiff to proceed therein to Judgment and Outlawry, and to have an Execution thereupon, ment and Execution. other than againſt the Body or Bodies of him or them fo entered as aforefaid; this Act, or any thing herein, or any former Law or Statute to the contrary notwithſtanding. XL. And be it further enacted by the Authority aforefaid, That if any High Conftable, Con- Penalty on Conftables, ftable, Bedel, or other Officer or Perfon whatſoever, who by Virtue or Colour of this Act, fhall &c. neglecting to quarter or billet, or be employed in quartering or billeting, any Marine Officers or Private Men, quarter Marines. fhall neglect or refufe, for the Space of two Hours, to quarter or biliet fuch Officers or Marines when thereunto required, in fuch Manner as is by this Act directed, provided fufficient Notice be given before the Arrival of fuch Forces; or fhall receive, demand, contract, or agree for any Sum Penalty on taking Mo- or Sums of Money, or any Reward whatſoever, for or on account of excufing, or in order to ex- ney to excufe any Perſon cufe any Perfon or Perfons whatſoever from quartering or receiving into his, her, or their Houſe or from quartering, Houfes any fuch Officer or Marine; or in cafe any Victualler, or any other Perfon, liable by this Act to have any Officer or Marine billeted or quartered on him or her, fhall refuſe to receive or and on Vietuallers refu- victual any ſuch Officer or Marine fo quartered or billeted upon him or her as aforefaid; or fhall re- fing to receive Marines. fufe to furnifh or allow, according to the Directions of this Act, the feveral Things herein before reſpectively directed to be furnifhed or allowed to Non-commiffion Officers and Marines fo quar- tered or billeted on him or her as aforefaid, at the Rate herein before mentioned, and ſhall be there- of convicted before any one or more Juftice or Juftices of the Peace of the County, City or Li- berty, within which ſuch Offence fhall be committed, either by his own Confeffion, or by the Oath of one or more credible Witnefs or Witneffes (which Oath the faid Juftice or Juftices is and are hereby impowered to adminiſter); every fuch High Conftable, Conftable, Bedel, or other Officer or Perfon fo offending, fhall forfeit for every fuch Öffence the Sum of five Pounds, or any Sum of Money not exceeding five Pounds, nor lefs than forty Shillings (as the faid Juftice or Juftices, be- fore whom the Matter fhall be heard, fhall in his or their Difcretion think fit) to be levied by Di- ftrefs and Sale of the Goods of the Perſon offending, by Warrant under the Hand and Seal, or Hands and Seals of fuch Juftice or Juftices before whom fuch Offender fhall be convicted, or of one or more of them, to be directed to any other Conftable within the County, City or Liberty, or to any of the Overfeers of the Poor of the Parifh where the Offender fhall dwell, and the faid Sum of five Pounds, or the faid Sum not exceeding five Pounds, nor lefs than forty Shillings, when le-. vied, to be paid to the Overfeers of the Poor of the Parifh where the Offence fhall be committed, or to fome or one of them, for the Ufe of the Poor of fuch Pariſh. 323 order Conftables to give an Account of the Num- XLI. And for the better preventing Abufes in quartering or billeting the Marines in purſuance of this Act;' Be it further enacted by the Authority aforefaid, That it fhall and may be lawful to To prevent Abuſes in and for any one or more Juftice or Juftices of the Peace within their reſpective Counties, Cities or quartering, juftices may Liberties, by Warrant or Order under his or their Hand and Seal, or Hands and Seals, at any Time or Times during the Continuance of this Act, to require and command any High Conſtable, ber of Officers and Pri- Conftable, Bedel, or other Officer, who fhall quarter or billet any Marines in purſuance of this Act, vate Men, and where to give an Account in Writing unto the faid Juftice or Juftices requiring the fame, of the Number quartered. of Officers and Private Men who fhall be quartered or billeted by them, and alfo the Names of the Houfekeepers or Perfons, upon whom every fuch Officer or Private Man fhall be quartered or bil- leted, together with an Account of the Street or Place where every fuch Houfekeeper dwells, and the Signs (if any) belonging to their Houfes; to the end it may appear to the faid Juftice or Juftices where fuch Officers and Private Men are quartered or billeted, and that he or they may thereby be the better enabled to prevent or punifh all Abufes in the quartering or billeting of them. XLII. Provided nevertheleſs, and it is hereby declared by the Authority aforefaid, That from and Claufe for Relief of Per- after the twenty-fifth Day of March one thoufand feven hundred and fifty-nine, when and as cften fons haftily lifting them- as any Perfon or Perfons fhall be inlifted as a Marine or Marines in his Majefty's Service, he and felves. they fhall within four Days, but not fooner than twenty-four Hours, after fuch Inlifting refpective- ly, be carried before the next Juftice of the Peace of any County, Kiding, City or Place, or Chief Magiftrate of any City or Town Corporate (not being an Officer of Marines) and before fuch Ju- ftice or Chief Magiftrate, he or they fhall be at Liberty to declare his or their Diffent to fuch Inlift- ing; and upon fuch Declaration, and returning the Inlifting-money, and alfo each Perfon fo diffent- ing paying the Sum of twenty Shillings for the Charges expended or laid out upon him, fuch Per- fon or Perfons fo inlifted fhall be forthwith difcharged and fet at Liberty, in Prefence of fuch Juftice or Chief Magiftrate; but if fuch Perfon or Perfons fhall refufe or neglect, within the Space of twenty-four Hours, to return and pay fuch Money as aforefaid, he or they fhall be deemed and taken to be inlifted, as if he or they had given his or their Aflent thereto before the faid Juftice or Chief Magiftrate; or if fuch Perfon or Perfons fhall declare his or their having voluntarily in- lifted himſelf or themſelves, then fuch Juftice or Chief Magiftrate fhall, and he is hereby required Ttz forth with 18 Ex