Page:Ruffhead - The Statutes at Large - vol 9.djvu/175

 A. D. 1763. Anno quarto Georgii III. C. 3. 125 LXII. And be it further enafted by the Authority^ aforefaid, That this Aft, and every Thing Continuance of this herein contained, fhall be and continue in force within the Realm of Great Britain, from the laid ASt - twenty-fourth Day of March in the Year of our Lord one thoufand kvcw hundred and fixty-four, until the twenty-fifth Day of March in the Year of our Lord one thoufand f.ven hundred and fixity^ five; and fhall be and continue in force within the Kingdom of Ireland, and in Jerfty, Guernfey, Al- derney and Sark, and the Iflands thereto belonging, from the faid twenty-fourth Day of March in the Year of our Lord one thoufand feven hundred and fixty-four, until the firft Day of May one thoufand feven hundred and fixty-ftve ; and fhall be and continue in force within the Ifland of Minorca, and Garrifon of Gibraltar, and in his Majefty's other Dominions beyond the Seas, from the faid twenty- fourth Day of March in the Year of our Lord one thoufand feven hundred and fixty-four, until the twenty-fifth Day of March in the Year of our Lord one thoufand feven hundred and fixty- fix. ' LXIII. And whereas by an Aft of the firfl Year of the Reign of his late Majefty King George Penalties againft the Aft - where " is enafted, That any Perfon or Perfons whatfoever, who fliall direftly or indirectly perfuade or pro- ' of his Heirs or SuccefTors, to defert ; fuch Perfon or Perfons fo offending, and being thereof law- ' fully convicted, fliall forfeit the Sum of forty Pounds:' Now be it enacted, That for fuch Offences as fhall be committed againft the faid recited Aft, within that Part of Great Britain called England, the Penalties thereby enafted fhall be fued for and recoverable in any of his Majefty's Courts of Re- cord at JVeJimhiJhr ; and for fuch Offences againft the faid Aft, as fhall be committed in that Part of Great Britain called Scotland, the fame fhall be fued for, and recoverable, in his Majefty's Courts of Exchequer in Scotland; and for fuch Offences againft the faid Aft as fhall be committed in Ireland, the fame fhall and may be fued for, and recoverable, in any of the Four Courts at Dublin ; and for fuch Offences againft the faid Aft as fhall be committed within the Iflands of Guernfey, Alderney and Sark, and the Iflands thereto belonging, the fame fhall and may be fued for, and recoverable, in the Royal Court of Guernfey ; and for fuch Offences againft the faid Aft as fhall be committed within the Ifland of Jer fey, the fame fhall and may be fued for, and recoverable, in the Royal Court of Jerfey ; any Thing in the faid recited Aft to the contrary thereof in any wife notwithftanding. LXIV. And to prevent, as far as may be, any unjuft or fraudulent Arrefts that may be made upon Soldiers, whereby his Majefty and the Publick may be deprived of their Service ; It is hereby further enafted by the Authority aforefaid, That no Perfon whatfoever, who is or fhall be lifted, or No Volunteer-liable to fhall lift and enter himfelf as aVoluntier in his Majefty's Service, as a Soldier, either in the King- fr° c ffs, unlefsiorJem* dom of Great Britain or Ireland, or in Jerfey, Guernfy, Alderney or Sark, or the Iflands thereto be- cr,m r ' Lnging, or in any of his Majefty's Plantations, during the Continuance of this Aft, fhall be liable to be taken out of his Majefty's Service by any Procefs or Execution whatfoever, other than for fome criminal Matter, unlefs for a re„l Debt, or other juft Caufe of Aftion ; and unlefs, before the talcing ot unlefs f ° r a r ? al Debt out of fuch Procefs or Execution (not being for a criminal Matter) the Plaintiff or Plaintiffs therein, Viuue °* ' or fome other Perfon or Perfons on his or their Behalf, fhall make Affidavit before one or more Judge Oath of the Debt to be. or Judges of the Court of Record, or other Court, out of which fuch Procefs or Execution fhall maci e befcre a Judge, iiftie, or before fome Perfon authorized to take Affidavits in fuch Courts, that to his or their Know- ledge the original Sum, juftly due and owing to the Plaintiff" or Plaintiffs from the Defendant or De- fendants, in the Aftion or Caufe of Aftion on which fuch Procefs fhall iffue, or the original Debt for which fuch Execution fhall be iffued out, amounts to the Value of ten Pounds at leaft, over and above all Cofts of Suit in the fame Aftion, or in any other Aftion on which the fame fhall be grounded ; a Memorandum of which Oath fhall be marked on the Back of fuch Procefs or Writ; for which snd a Memorandum Memorandum or Oath no Fee fhall be taken: And if any Perfon fliall neverthelefs be arrefted con- Ba"^"^^"^ 8 trary to the Intent of this Aft, 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 Officer, to exa- mine into the fame by the Oath of the Parties, or otherwife, and by Warrant under his or their Hands and Seals, to difcharge fuch Soldier fo arrefted contrary to the Intent of this Aft, without paying any Fee or Fees, upon due Proof made before him or them, that fuch Soldier fo arrefted was legally lifted as a Soldier in his Majefty's Service, and arrefted contrary to the Intent of this Aft, and alfo to award to the Party fo complaining, fuch Cofts as fuch Judge or Judges fhall think rea- fonable : 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 Aftion might have had for the Recovery of his Cofts, in cafe Judgment had been given for him with Cofts againft the De- fendant in the faid Aftion. LXV. And to the end that honeft Creditors, who iaim only at the Recovery of their juft. Debts due to them from Perfons entered into and lifted in his Majefty's Service, may not be hindered from fuing for the fame, but on the contrary may be affifted and forwarded in their Suits ; and inftead of an Arreft, which may at once hurt the Service, and occafion a great Expence and Delay to thsm- felves, may be enabled to proceed in a more fpeedy and cheap Method,; Be it further enafted by Plaintiff may file- a the Authority aforefaid, That it fhall and may be lawful to and for any Plaintiff or Plaintiffs, upon Common Appearance, Notice firft given in Writing of the Caufe of Aftion to fuch Perfon or Perfons fo entered, or left at 4,. his.
 * cure, or endeavour to perfuade or procure, any Soldier or Soldiers in the Service of his Majefty, or