Page:Ruffhead - The Statutes at Large - vol 8.djvu/67

 A. D. 1757* Anno tricefimo Georgii 11. C. ii. 33 rity aforefaid, That it fhall and may be lawful to and for any Plaintiff or Plaintifls, upon Notice firft f^i^'l^^^^^^^^ yiven in Writing of the Caufe of Action to fuch Perfon or Perfons fo entered, or left at his or then j^^^^^^^^^^'^ faft Place of Refidence before fuch Entering, to file a common Appearance in any Aftion to be brought for or upon Account of any Debt whatfoever, fo as to intitle fuch Plaintiff to proceed therein to Judg- and proceed to ment and Outlawry, and to have an Execution thereupon, other than againft the Body or Bodies of him Ji'dgmentand or them fo entered as aforefaid j this A6t, or any Thing herein, or any former Law or Statute to the i^xecution. contrary notwithftanding. XXXIX. And be it further ena6led by the Authority aforefaid. That if any High Conftable, Con- Penalty on ftable, Bedel, or other Officer or Perfon whatfoever, who by Virtue or Colour of this A61 fhnll quarter Conftabie!, &c, or billet, or be employed in quartering or billeting any Marine Officers or private Men, fhall neglect o!" quLWrvlari^nes. refufe, for the Space of two Hours, to quarter or billet fuch Officers or Marines when thereunto re- ^ quired, in fuch Manner as is by this Ail direited. provided fufficient Notice be given before the Arrival of fuch Forces ; or fhall receive, demand, contradl or agree for any Sum or Sums of A'loney, or any ^^"^'^ °" ^*' Reward whatfoever, for or on account of excufmg, or in order to excufe any Perfon or Perfons what- excufeun"pcrfbn foever from quartering or receiving into his, her or their Houfe or Houfes any fuch Officer or Marine ; f^^^ cua^rtenn^g, or in cafe any Victualler, or any other Perfon liable by this A61 to have any Officer or Marine billeted and on Viaual- or quartered on him or her, fhall refufe to receive or viilual any fuch Officer or Marine fo quartered or krs refufing to billetted upon him or her as aforefaid ; or fhall refufe to furnifh or allow, according to the Diredlions of '■•^^^'^''^ Mannes. this A61, the feveral Things herein before refpcdively directed to be furnifhed or allowed to Non-com- miffion Officers and Marines fo quartered or billetted on him or her as aforefaid, at the Rate herein be- fore mentioned, and fhall be thereof convidled before any one or more JufHce or Juftices of the Peace of the County, City or Liberty, within which fuch Offence fhall be committed, either by his own Con- feffion, or by the Oath of one or more credible Witnefs or WitnefTes (which Oath the faid Juftice or Juftices is and are hereby irapowered to adminifler) ; every fuch High Conftable, Conflable, Bedel, or other Officer or Perfon fo offending, fhall forfeit for every fuch Offence 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, before whom the Matter fhall be heard, fhall in his or their Difcretion think 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 fhall be convi6led, or of one or more of them, to be diredted to any other Conftable within the County, City or Liberty, or to any of the Over- feers 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 levied, to be paid to the Over- feers of the Poor of the Parifli where the Offence fhall be committed, or to fomc one of them, for the Ufe of the Poor of fuch Parifh. ' XL. And for the better preventing Abufes in quartering or billeting the Marines in purfuance of this Juftices may or- ' A(5l ;' Be it further enadted by the Authority aforefaid, I'hat it fhall and may be lawful to and for any ''"g^°„" Account one or more Juftice or Juftices of the Peace, within their refpedive Counties, Cities or Liberties, by ^f^^j^g"^^^^^"" Warrant or Order under his or their Hand and Seal, or Hands and Seals, at any Time or Times, du- of officers, and ring the Continuance of this A6t, to require and command any High Conftable, Conftable, Bedel or private Men, and other Officer, who fhall quarter or billet any Marines in purfuance of this Act, to give an Account in where quartered. Writing unto the faid Juftice or Juftices requiring the fame, of the Number of Officers and private Men who fhall be quartered or billeted by them, and alfo the Names of the Houfe-keepers or Perfons, upon whom every fuch Officer or private Man fhall be quartered or billeted, together with an Account of the Street or Place where every fuch Houfe-keeper dwells, and the Signs (if any) belonging to their Houfes; to the Ejad it may appear to the faid Juftice or Juftices where fuch Officers and private Men are quar- tered 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. XLL Provided nevertheleis, and it is hereby declared by the Authority aforefaid. That from and after ^lp/°^^^i'f the twenty- fifth Day of vlfrtr*:/:' one thoufand feven hundred and fifty-feven, when and as often as any ^flj^^g °^gjj^. ' ^ Perfon or Perfons fliall be inlifted as a Marine or Marines in his Majefty's Service, he and they fliall, fdves. within four Days, but not fooner than twenty-four Hours, after fuch Inlifting refpeitivcly, be carried before the next Juftice of the Peace of any County, Riding, City or Place, or chief Magiftrate of any City or Town Corporate (not being an Officer of Marines) and before fuch Juftice or chic'f Magiftrate he or they fhall be at Liberty to declare his or their Diflent to fuch Lilifting j and upon fuch Declaration, and returning the Lilifting-money, and alfo each Perfon fo diffenting paying the Sum of t've nty Shillings for the Chajges expended or laid out upon him, fuch Perfon or Perfons fo inlifted fhall be forthwith dif- charged and fet at Liberty, in the Prefence of fuch Juftice or chief Magiftrate ; but if fuch Perfon or Perfons fhall refufe or negled^, 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 Allerit thereto before th-e faid Juftice or chief Magiftrate ; or if fuch Perfon or Perlbns fhall declare his or their having voluntarily inlifted himfelf or themfelves, then fuch Juftice or chief Magiftrate fhall, and he is hereby required forthwith to certify under bis Hand, that fuch Perfon or Perfons is or are duly in- lifted ; fetting forth the Place of the Birth, Age, and Calling of him or them refpedively (if known) and that the fecond and third Se6tions of the Articles of War for the better Government of his Ma- jefty's Marine Forces while on Shore in Great Britain or Ireland, were read to him or them, and that he or they had taken the Oath of Fidelity mentioned in the twelfth Se6tion of the faid Articles of War ; and if any fuch Perfon or Perfons, fo to be certified as duly inlifted, fhall 'refufe to take the faid Oath of Fi- VoL. Vm. F delity
 * may be enabled to proceed in a more fpeedy and cheap Method ;' Be it further enacLcd by the Autho- Plaintiff giving