Page:Ruffhead - The Statutes at Large - vol 9.djvu/189

A. D. 1763. Anno quarto Georgii III. C. 8. 139 gaol keeper to receive the subfittojice of Deserters

Savoy, in case such Deserter shall be apprehended within the Cities of London or Westminster, or Places adjacent; and transmit an Account thereof to the Secretary of the Admiralty for the Time being, to and transmit an ac the end such Person may be proceeded against according to Law: And the Keeper of such Gaol, c7', 'lva wraw ury House of corretion, or Prison, shall receive the full Subsistence of every such Deserter, during the C C

Time he shall continue in his Custody, for the Maintenance of such Deserter; shall not be entitled to any Fee or Reward, on account of the Imprisonment of any such Deserter; Law, Usage or Custom to the contrary notwithstanding.

XXXIII. And, for the better Encouragement of any Person or Persons to secure or apprehend

such Deserters; Be it further enacted by the Authority aforesaid, That such Justice of the Peace shall Reward for taking up also blue his Warrant in Writing to the collector or collectors of the Land Tax Money of the Parfli Doicrters. or Township where such Deserter shall be apprehended, for paying out of the Land Tax Money arisen or to arise in the Year one thousand seven hundred and sixty four, into the Hands of such Person or Persons who shall apprehend, or cause to be apprehended, any such Deserter from his Majesty's Service, the Sum of twenty Shillings for every such Deserter that shall be so apprehended and committed; which Sum of twenty Shillings shall be satisfied by such collector or collectors to whom such Warrant shall be directed, and allowed upon his or their Account.

[Penalty on Persons con

XXXIV. And be it further enacted, That if any Person shall harbour, conceal, or assist any Deserter from his Majesty's Marine Service, knowing him to be such Person so offending shall ceal.lns Deserters, or

forfeit, for every such Offence, the Sum of five Pounds; or if any Person shall knowingly detain, l^!'r Arim'

buy or exchange, or otherwise receive, any Arms, Clothes, Caps, or other Furniture belonging to 0 LS)

the King, from any Marine or Marine Deserter, upon any Account or Pretence whatsoever, or cause the Colour of such Clothes to be changed; every such Person so offending in each, any, or either of the Cases aforesaid, shall forfeit, for every such Offence, the Sum of five Pounds; and upon convidlion by the Oath of one or more credible Witness or witnesses, before any one or more of his Majesty's Justices of the Peace, the said respective Penalties of five Pounds, and five Pounds, shall be levied by Warrant under the Hands of the said Justice or Justices of the Peace, by Distress and Sale of the Goods and Chattels of the Offender; one Moiety of the said first mentioned Penalty of five Pounds to be paid to the Informer, by whose Means such Deserter shall be apprehended; and

one Moiety of the last mentioned Penalty of five Pounds to be paid to the Informer; and the Residue

of the said respective Penalties to be paid to the Officer to whom any such Deserter or Marine did or doth belong: And in case any such Offender, who shall be convicted, as aforesaid, of harbouring or assisting any such Deserter or Deserters; having knowingly received any Arms, Clothes,

Caps, or other Furniture belonging to the King; or of having caused the Colour of such Clothes to be changed, contrary to the Intent of this Act, shall not have sufficient Goods and Chattels, whereon Distress may be made, to the Value of the Penalties recovered against him for such Offence, or shall not pay such Penalties within four Days after such conviction; then, and in such Case, such Justice or Justices of the Peace shall and may, by Warrant under his or their Hand and Seal, or Hands and Seals, either commit such Offender to the common Gaol, there to remain without Bail or Mainprize for the Space, of three Months, or cause such Offender to be publicly whipped, at the discretion of such Justice or Justices.

XXXV. Provided always, That so much of this Act as relates to the Punishment of such who This Act toostoadto shall harbour, conceal or assist Deserters, or shall knowingly detain, buy, exchange, or otherwise re Peljrters' c ln ilt> ceive, any Arms, Clothes, Caps, or other Furniture belong ng to the King, from any Marine or 3, 1

Marine Deserter, or cause the Colour of such Clothes to be changed, shall extend, to all Ends and Purposes whatsoever, to Ireland, and shall be put in Execution in that Kingdom, by all Justices of the Peace, and other Officers respectively, according to the Tenor and during the Continuance of this Act.

XXXVI. And be it further enacted by the Authority aforesaid, That this Act, and everything Continuance of this Act. herein contained, shall be and continue in force from the said twenty-fifth Day of March in the Year of our Lord one thousand seven hundred and sixty four, until the twenty-fifth Day of March in the Year of our Lord one thousand seven hundred and sixty five.

XXXVII. And, in order to prevent all Doubts which may arise in relation to punishing Offences committed against former acts of Parliament, made for the Regulation of the Marine Forces while on Shore; Be it enacted by the Authority aforesaid, That all Crimes and Offences which have been offences against former committed against any of the former acts in that Behalf, shall and may, during the Continuance of mjy be inquired this present Act, be inquired of, heard, tried, determined, adjudged and punished before and by the 85 unlike

Courts, Persons, Powers, Authorities, Ways, Means and Methods, as the like Crimes and Offences committed against this present Act may be inquired of, heard, tried, determined, adjudged and punished.

XXXVIII. Provided always, That no Person shall be liable to be tried or punished for any provided no Person be Offence against any of the said former acts, which shall appear to have been committed more than ji: lblet0 denied forof three Years before the issuing of the commission or Warrant for such Trial, except only for the Of tee c'l'nn: lay i three

Yeats before issuing the

fence Ot Desertion. Warrant for Tf ?] 5 ex

XXXIX. And to prevent as far as may be, any unjust or fraudulent Arrests that may be made cept in Cases of dcfer lipon Marines, whereby his Majesty and the Public maybe deprived of their Service; It is hereby tion only,

further enacted by the Authority aforesaid, That no Person whatsoever, who is entered, or shall enter No Volunteer linble ro

himself as a Volunteer in his Majesty's Service, as a Marine, during the Continuance of this Act, ur, efs for some criminal Matter, shall