Page:Ruffhead - The Statutes at Large - vol 8.djvu/461

 A. D. 1759. Anno tricefimo tertio Georgii II. C. 8. .427 Perfon or Perfons who fliall apprehend, or caufe to be apprehended, any fuch Deferter from his Ma- jefty's Service, the Sum of twenty Shilhngs for every fuch Deferter that fliall be fo apprehended and committed ; which Sum of twenty Shillings fhall be fatisfied by fuch Collector or Colleitors, to whom fuch Warrant fliall be direiS^ed, and allowed upon his or their Account. XXXV. And be it further enaded, That if any Perfon fliall harbour, conceal, or aflift any De- Penalty on Perfons con- ferter from his Majefty's Marine Service, knowing him to be fuch ; the Perfon fo offending fliall ^"B^'^^^^^^^ forfeit, for every fuch Offence, the Sum of five Pounds j or if any Perfon fliall knov/ingly detain, q^^jj^^^ s^c^ buy, or exchange, or otherwife receive, any Arms, Clothes, Caps, or other Furniture belonging to the King, from any Marine or Marine Deferter, upon any Account or Pretence whatfoever, or caufe the Colour of fuch Clothes to be changed ; every fuch Perfon Co offending, in each, any or either of the Cafes aforefaid, fliall forfeic for every fuch Offence the Sum of five Pounds ; and upon Con- vidtion by the Oath of one or more credible Witnefs or Witneffes, before any one or more of his Majefty's Jufi:ices of the Peace, the faid refpedive Penalties of five Pounds, and five Pounds fliall be levied by Warrant under the Hands of the faid Jufl:ice 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 fliall be apprehended ; and one Moiety of the faid laft mentioned Penalty of five Pounds to be paid to the Informer ; and the Refidue of the faid refpeitive Penalties to be p .id to the Officer to whom any fuch Deferter or Ma- rine did or doth belong : And in cafe any fuch Offender, who fliall be convidled as aforefaid, of harbouring or aflifting any fuch Deferter or Deferters ; or having knowingly received any Arms, Clothes, Caps, or other Furniture belonging to the King ; or of having caufed tae Colour of luch Clothes to be changed, contrary to the Intent of this A6i, fliall not have fufficient Goods and Chat- ties, whereon Diftrefs may be made, to the value of the Penalties recovered againft him for fuch Of- fence, or fliall 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 nis or their Hand and Seal, or Hands and Seals, either commit fuch Offender to the Common Gaol, there to remain with- out Bail or Mainprize for the Space of three Alonths, or caufe fuch Offender to be publickly whipt, at the Difcretion of fuch Juftice or Juftices. XXXVJ. Provided always. That fo much of this A61 as relates to the Puniflimcnt of fuch who This Aft to extend to {hall harbour, conceal or alTift Deferters, or fliall knowingly detain, buy, exchange, or otherwife ^Defertersj&c, in Ireland; 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, fliall extend, to all Ends and Purpofes whatfoever, to Ire/and, -znd fhall be put in Execution in that Kingdom, by all Juftices of the Peace, and other Officers refpectively, according to the Tenor and during the Continuance of this A6t- XXXVII. And be it further enabled by the Authority aforefaid. That this A£l, and every Thing Continuance of this Aft. berein contained, fhall be and continue in Force from the faid twenty-fifth Day of March in the Year of our Lord one thoufand feven hundred and fixiy until the twenty-fifth Day of March in the Year of our Lord one thoufand feven hundred and fixty-one. XXXVIII. And to prevent, as far as maybe, anv unjuft or fraudulent Arrefts that may be No Volunteer liable to made upon Marines, whereby his Majefty and the Publick may be deprived of their Service; It i^ ,^,7^-naiMluer hereby further enaiied by the Authority aforefaid, That no Perfon whatfoever, who is entered or * fliall enter himfelf as a Volunteer in his Majefty's Service, as a Marine, during the Continuance of this A6t, fhall be liable to be taken out of his Majeily's Service by any Pxocefs or Execution what- foever, other than for fome criminal Matter, unlefs for a real Debt or other juft Caufe of Action ; or unlefs for <i real Debt and unlefs, before the taking out of fuch Procefs or Execution (not being for a criminal Matter) of the Value of lol, the Plaintiff or Plaintiffs therein, or fome other Perfon or Perfons on his or their Behalf, fliall o^th of the Debt to be make Affidavit before one or more Judge or Judges of the Court of Record, or other Court, out of "^^^^ ^"°'^^ '^ J^^^* which fuch Procefs or Execution fliall ifiue, or before fome Perfon 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 the Action or Caufe of Adtion on which fuch Procefs fhall iffue, or the original Debt for v/hich fuch Execution fliall be iffued out, amounts to the Value_ of ten Pounds at leaft, over and above ail Cofts of Suit in the fame Adtion, or in any othei Oath iiiall be marked no Fee fliall be taken : And if any Perfon (hall neverthelefs be arrefted contrary this Ad, it fliall and may be lawful for one or more Judge or Judges of fuch Court, upon Com- claint thereof made by tlie Party himfelf, or by any his fuperior Officer, to examine into the fame by the Oath of the Parties, or otherv;ife, and by Warrant under his or their Hands and Seals, to otherwife Prifoner to be difcharge fuch Marine fo arrefted contrary to the Intent of this Aft, without paying any Fee or '^'''charged, with Cofts. Fees, upon due Proof made before him or them, that fuch Marine, fo arrefted, was legally entered as a Marine in his Majefty's Service, and arrefted contrary to the Intent of this A61, and alfo to award to the Party fo complaining, fuch Cofts as fuch Judge or Judges fliall think reafonable : For the Recovery whereof, he fhall have the like Remedy that the Perfon who takes out the faid Execution might have had for his Cofts, or the Plaintiff' in the like Adion might have had for the Recovery of his Cofts, in cafe Judgment had been given for him with Cofts againft the Defendant in the faid Adion. >^ I i i 2 XXXIX. And