Page:Ruffhead - The Statutes at Large - vol 8.djvu/462

 428 C. 8. Anno tricehmo tertio Georgii II. A. D. 1759, Plaintiff giving Notice, *^^ Authority aforefjid, That it fhall and may be lawful to and for any Plaintiff or Plaintiffs, upon may file a Common Ap- Notice firfl: given in Writing of the Caufe of Action to fuch Perfon or Perfons fo entered, or left at psarajice, his Or their laft Place of Refidence before fuch entering, to file a common Appearance in any Action and proceed to Judgment to be brought for or upon account of any Debt whatfoever, fo as to intitle fuch Plaintiff to proceed and Execution. therein to Judgment and Outlawry, and to have an Execution thereupon, other than againft 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 notwithftanding. Penalty on Conftables, XL. And be it further enacted by the Authority aforefaid, That if any High Conftable, Confta- &c. neglcdmg to quarter ble, Bedel or Other Officer or Perfon whatfoever, who, by Virtue or Colour of this A6t, fliall ^"°"" quarter or billet, or be employed in quartering or billeting any Marine Officers or private Men, fliall neglect or refufe, for the Space of two Hours, to quarter or billet fuch Officers or Marines when thereunto requir^-d, in fuch Manner as is by this A6t diredted, provided fufficient Notice be given Penalty on taking Mo- before the Arrival of fuch Forces ; or (hall receive, demand, contract or agree for any Sum or Sums ney to excufe any Ferfon of ^/joney, or any Reward whatfoever, for or on account of excufing, or in order to excufe any r m qu I enng, Perfon or Perfons whatfoever from quartering or receiving into his, her or their Houfe or Houfes and on viauallersrefu- any fuch Officer or Marine ; or in cafe any Victualler or any other Perfon, liable by this Act to fing to icceive Marines, j^^yg ^j^y Officer or Marine billeted or quartered on him or her, fliall refufe to receive or vi(5tual any fuch Officer or Marine fo quartered or billetted upon him or her as aforefaid ; or fliall refufe to fur- nifli or allow, according to the Directions of this A£t, the feveral Things herein before refpeCtively directed to be furniflied or allowed to Non-commiffion Officers and Marines fo quartered or billeted on him or her as aforefaid, at the Rate herein before-mentioned, and fliall be thereof convicted be- fore any one or more Juftice or Juft:ices of the Peace of the County, City or Liberty, within which fuch Offence fliall be committed, either by his own Confeffion, or by the Oath of one or more cre- dible Witnefs or Witneffes (which Oath the faid Juftice or Juftices is and are hereby impowered to adminifter) ; every fuch High Conftable, Conftable, Bedel or other Officer or Perfon fo offending, fhall forfeit, for every fuch Oftence, the Sum of five Pounds, or any Sum of Money not exceeding five Poimds, nor lefs than forty Shillings, as the faid Juftice or Juftices, before whom the Matter fliall be heard, fliall in his or their Difcreiion thinic fit; to be levied by Diftrefs and Sale of the Goods of the Perfon offending, by Warrant under the Hand and Seal, or Hands and Seals, of fuch Juftice or Juftices, before whom fuch Offender fliall be convifted, 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 Ovcrfeers of the Poor of the Parifli where the Oftcndcr fliall dwell; and the faid Sum of five Pounds, or the faid Sum Jiot exceeding five Pounds, nor lefs than forty Shillings, when levied, to be paid to the Overfeers of the Poor of the Parifti where the Oftence fliall be committed, or to fome one of them, for the Ufe of the Poor of fuch Parifli. To prevent Abufes in XLI. And for the better preventing Abufes in quartering or billeting the Marines, in purfti- quartering, Juftices may a^ice of this ACt ; Be it further enacted by the Authority aforefaid. That it fliall and may be law- "n'^AcSi^m of"he°Num- ^"' ^° ^"'^ ^^^ ^"^ °"^ ^^ "^^^^ Juftice or Juftices of the Peace, within their refpeCtive Counties, ber of Officers and pri- Citics or Liberties, by Warrant or Order under his or their Hand and Seal, or Hands and Seals, at vate Men, and where any Time or Times, during the Continuance of this A6t, to require and command any High Con- ^uartcrcd. ftable, Conftable Bedel or other Officer, who fhall quarter or billet any Marines in purfuance of this Act, to give an Account in Writing unto the faid Juftice or Juftices requiring the fame, of the Number of Officers and private Men who fliall be quartered or billeted by them, and alfo the Names of the Houfelceepers or Perfons, upon whom every fuch Officer or private A'lan fliall be quartered or billeted, 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 Ju- ftice or Juftices where fuel) Officers and private Men are quartered or billeted, and that he or they may thereby be the better enabled to prevent or punifli all Abufes in the quartering or billeting of them. ClauC: for Relxf of Per- XLH. Provided nevcrthelefs, and it is hereby declared by the Authority aforefaid. That from and f)n3 haftily lifting tLcm- after the twenty-fifth Day of March one thoufand (even hundred and fixty, when and as often as any f"' Perfon or Perfons fliall be inlifted as a Marine or Marines in his Majefty's Service, he and they fliall within four Days, but not fooner than twenty-four Hours, after fuch inlifting refpcdtively, be car- ried before the next Juftice of the Peace of any County, Riding, City or Place, or Chief Magi- ftrate of any City or 'I'own Corporate (not being an Officer of IMarincs) and before fuch Juftice or Chief Magiftrate, he or they fliall be at Liberty to declare his or their Diffent to fuch inlifting; and upon fuch Declaration, and returning the Inlifting-money, and alfo each Perfon fo dificnting pay- ing the Sum of twenty Shillings for the Charges expended or laid out upon him, fuch Perfon or Per- fons fo inlifted ftiall be forthwith difcharged and fct at Liberty, in the Prefcnce of fuch Juftice or Chief Magiftrate ; but if fuch Perfon or Perfons fliall refufe or negledt, within the Space of twenty- four Hours, to return and, pay fuch Money as aforefaid, he or they fliall be deemed and talced to be inlifted, as if he or they had given his or their Aflent thereto before the faid Juftice f)r Chief Ma- giftrate j or if fuch Perfon or Perfons fliall declare his or their having voluntarily inlifted himlelf or themfclvt.^'
 * 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 Majefty's Service, may not be hindered from
 * fuing for the fame, but on the contrary may be aflifte'd and forwarded in their Suits ; and inftead of
 * an Arrefl:, which may at once hurt the Service, and occafion a great Expence and Delay to them-
 * felves, may be enabled to proceed in a more fpecdy and cheap Method ;' Be it further enacted by