Page:Ruffhead - The Statutes at Large - vol 8.djvu/66

 32 C. II. Anno tricefimo Georgii II. A. D. 1757. to arife in the Year one thoufand feven hundred and fifty-feven, into the Hands of fuch Perfon or Per- ibns who fhall apprehend, or caufe to be apprehended, any fuch Defcrter from his Majefty's Service, the Sum of twenty Shillings for every fuch Deferter that fluall be fo apprehended and committed ; which Sum of twenty Shillings (hall be fatisfied by fuch Collector or Colledors, to whom fuch Warrant fhall be directed, and allowed upon his or their Account. Penilty on Per- XXXIV. And be it further enaded, That if any Perfon (hall harbour, conceal, or afllft any Deferter f^ns concealing f^^^ his Mnjcfty's Marine Service, knowing him to be fuch; the Perfon fo offending fhall forfeit, for ineVhe'r'I^rni's'' ^^^■^'■y ^^^^ OfFcnce, the Sum cf live Pounds; or if any Perfon fliall knowingy detain, buy or exchange. Clothes,^ &c, ' 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 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 Witneffes, before any one or more of his Majefty's Juftices of the Peace, the faid refpective 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 Diflrefs and Sale of the Goods and Chattels of the Offender ; one Moiety of the faid firft mentioned Penalty of five Pounds to lie paid to the Informer, by whofe Means fuch Deferter fliall be apprehended; and one Moiety of the f:iid laft mentioned Penalty of five Pounds to be paid to the Informer ; and the reffdue of the faid refpedtive Penalties to be paid to the OBicer to whom any fuch Deferter or Marine did or doth belong : And in cafe any fuch Offender, who fh;ill be convicted as aforefaid, of harbouring or affiffing any fuch Deferter or Deferters, or having know- ingly received any Arms, Clothes, Caps, or other Furniture belonging to the King, or of having caufed the colour of fuch Clothes to be changed, contrary to the- Intent of this A6t, fhall not have fufJicient Goods and Chattels whereon Diftrefs may be made, to the Value of the Penalties recovered againft him for fuch Offence, or fliall not pay fuch Penalties within four Days after fuch Conviction; then and in fuch Cafe fuch Juffice or Juftices of the Peace fhall and may, by Warrant under his or their Hand and Seal, or Hands and Seals, either commit fuch Offender to the common Gaol, there to remain without Bail or Mainprize for the Space of three Months, or caufe fuch Offender to be publickly whipt, at the Difcretion of fuch Juftice or Juftices. This Aa to ex- XXXV. Provided always. That fo much of this A6t as relates to the Punifhment of fuch who fhall tend to Deferter.', j^^j.|^^ijj.^ conceal or afllft Deferters, or fliall knowingly detain, buy, exchange, or otherwife receive any Sec. in re an. ^^.^^g^ 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 Jreland, and fhall be put in Execution in that Kingdom, by all Juftices of the Peace, and other Officers refpedtively, according to the Tenor and during the Continuance of this AcSt. Continuance of XXXVI. And be it further enafted by the Authority aforefaid, That this A(£t, and every Thing this Adt. herein contained, fhall be and continue in Force from the faid twenty-fifth Day o^ March in the Year of our Lord one thoufand feven hundred and fifty-feven, until the twenty-fifth Day of March in the Year of our Lord one thoufand (even hundred and fifty-eight. No Volunteer ' Marines, whereby his Majcfty and the Publick may be deprived of their Service ;' It is hereby further liable to Pr.iccfs, ena£icd by the Authority aforefaid. That no l^erfon whatfoever, v/ho is entered or fliall enter himfelf as a unlets f°'.J°'"'= Volunteer in his Majefty's Service as a Marine, during the Contiiiuance 6f this A6t, fhall be liable to be ciunina atter, ^.^i^^^^ ^^^ ^^ j^jg j/lajefty's Service by any Procefs or Execution whatfoever other than for fome criminal Matter, unl-efs for a real Debt, or other juft Caufe of Aition ; and unlefs before the taking out of fuch or a real Debt of Procefs or Execution (not being for a criminal Matter) the Plaintiff^ or Plaintiffs therein, or fome other the Value of Perfon or Perfons on his or their l?ehalf, fhall make Affidavit before one or more Judge or Judges of the JO 1- of which Court of Record, or other Court, out of which fuch Procefs or Execution fhall iffue, or before fome ^y^ '"^*'.^^^^'^*' Perfon authorized to take Affidavits in fuch Courts, that to his or their Knowledge the original Sum, oie a ju ge, j^^^j^ ^^^ ^^^ owing to the Plaintiff or Plaintiffs from the Defendant or Defendants, in the A(Slion, or Caufe of Adtion, on which fuch Procefs fhall iifue, or the original Debt for which fuch Execution fhall and the Me- be ifTued out, amounts to the Value of ten Pounds at leaft, over and above all Cofts of Suit in the fame morandum A(5tion, or in any other Action on which the fame fliall be grounded ; a Memorandum of which Oath thereof marked ^^jj ^^ marked on the Back of fuch Procefs or Writ ; for which Memorandum or Oath no Fee fhall be ihe Procefs ° taken : And if any Perfon fhall ncvcrthclefs be arrefted contrary to the Intent of this A6t, it fhall and may be lawful for one or more Judge or Judges of fuch Court, upon Complaint thereof made by the Party himfelf, or by any his fuperior Olficer, to examine into the fame by the Oath of the Parties or otherwife Pri- othcrwife, and by Warrant under his or their Hands and Seals, to difcharge fuch Marine fo arrefted con- foner to be dif- trary to thc Intent of this Adt, without paying any Fee or Fees, upon due Proof made before him or chirgcJ, wiib 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 Act, and alfo to award to the Party fo complaining fuch Cofts as fuch Judjje or Judges fhall think reafonable : For the Recovery whereof, he fliall 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 Action 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 Action.
 * XXXVn. And to prevent as far as may be, any unjuft or fraudulent Arrefts that may be made upon
 * XXXVIII. And to the P2nd that honelt Creditors, who aim only at the Recovery of their juft Debts
 * due to them from Perfons entered as IVlarines into his Majefty's Service, may not be hindered from
 * fuing for the fame, but on the contrary may be aflifted and forwarded in their Suits ; and inftead of an
 * Arrelt, which may at once hurt the Service, and occafion a great Expencc and Delay to themfelves,
 * may