Page:Ruffhead - The Statutes at Large - vol 9.djvu/190

140 C. 8. Anno quarto Georgii III. A.D. 1763. and a Memorandum thereof marked on the Back of the Process

shall be liable to be taken out of his Majesty's Service by any Process or Execution whatsoever, other than for forrve criminal Matter, unless for a real Debt, or other just Cause of action; and unlessr or utiles for a real Debt before the taking out of Inch Process or Execution (not being for a criminal Matter) the Plaintiff or or the Value VI 101. Plaintiffs therein, or some other perl on or persons on his or their Behalf, shall make Affidavit before Oath of the dem to be one or more Judge or Judges of the Court of Record, or other Court, out of which such Process or made before a Judge, Execution shall issue, or before some Person authorised to take Affidavits in fitch Courts, that to his or their Knowledge the original Sum, justly due and owing to the Plaintiff or Plaintiffs from the Defendant or Defendants, in the Action or Cause of Action on which such Process shall issue, or the original Debt for which such Execution shall be issued out, amounts to the Value of ten Pounds at least, over and above all Coifs of Suit in the same Action, or in any other a6h011 on which the same shall be grounded.;, a Memorandum of which Oath thrill be marked on the Back of such Process or Writ; for which Memorandum or Oath no Fee shall be taken: And if any Person shall nevertheless be arreffed con otherwise Prisoner to be trary' to the Intent of this Atft, it shall and may be lawful for one or more Judge or Judges of such discharged, with Costs. Court, upon Complaint thereof made by the Party himself, by any his superior Officer, to examine into the same by the Oath of the Parties, or otherwise, ami by Warrant under his or their Hands and Seals, to discharge such Marine so arreffed contrary to the Intent of this Atft, without paying any Fee or Sees, upon due Proof made before him or them, that such Marine so arreffed was legally entered as a Marine in his Majesty's Service, and arreffed contrary to the Intent of this Act, and also to award to the Party so complaining, such Coffs as such Judge or Judges shall think reasonable: For the Recovery whereof, he shall have the like Remedy that the Person who takes out the said Execution might have had lor his Coffs, or the Plaintiff in the like Action might have had for the Recovery of his Coffs, in case Judgement had been given for him with Coffs against the Defendant in the said Action.

XL. And to the end that honest Creditors, who aim only at the Recovery of their just Debts due to them from Persons entered as Marines in his Majesty's Service, may not be hindered from suing for the same, but on the contrary maybe assisted and forwarded in their Suits; and instead of an Arrest, which may at once hurt the Service, and occasion a great Expense and Delay to themselves, be enabled to proceed in a more speedy and cheap Method; Be it further enacted by Plaint iff giving Notice, tjje Authority aforesaid, That it shall and may be lawful to and for any Plaintiff or Plaintiffs, upon. pearancv minn Notice first given in Writing of the Cause of Action to such Person or Persons so entered, or left at his or their last Place of Residence before such Entering, to file a Common Appearance in any Action and Execution utbment to brourht for or upon account of any Debt whatsoever, so as to entitle such Plaintiff to proceed therein to Judgement and Outlawry, and to have anexecution thereupon, other than against the Body or Bodies of him or them so entered as aforesaid; this Atft, or anything herein, or any former Law or

Penalty on Constables, C negk?£hng to quarter Marines.

Statute, to the contrary notwithstanding.

fan from quartering,

and on Victuallers refuting to receive Mu

XLI. And be it further enacted by the Authority aforesaid, That if any High Constable, Constable, Bedel, or other Officer or Person whatsoever, who, by virtue or colour of this Atft, shall quarter or billet, or be employed in quartering or billeting, any Marine Officers or Private Men, shall negletft or refuse, for the Space of two Hours, to quarter or billet such Officers or Marines, when thereunto required, in such manner as is by this Atft diretfted, provided sufficient Notice be Penalty on taking Mo given before the Arrival of such Forces; or shall receive, demand, contract or agree for, any Sum or ney to excu e any 5tr e; ums 0p ]\joney) or any Reward whatsoever, for or on account of excusing, or in order to excuse, any Person or Persons whatsoever from quartering or receiving into his, her or their House or Houses any such Officer or Marine; or in case any Victualler, or any other Person, liable by this Atft to have any Officer or Marine billeted or quartered on him or her, shall refuse to receive or vitftual any such. Officer or Marine, so quartered or billeted upon him or her as aforesaid; shall refuse to furnish or allow, according to the Diretftions of this Act, the several Things herein before respectively diretfted to be furnished or allowed to non commission Officers and Marines so quartered or billeted on him or her as aforesaid, at the Rate herein before mentioned, and shall be thereof convicted before any one or more Justice or Justices of the Peace of the County, City or Liberty, within which such. Offence shall be committed, either by his own Confession, by the Oath of one or more credible Witness or Witnesses (which Oath the said Justice or Justices is and are hereby empowered to administer); every such High Constable, Constable, Bedel, or other Officer or Person so offending, shall forfeit, for every such Offence, the Sum of five Pounds, or any Sum of Money not exceeding five Pounds, nor lets than forty Shillings (as the said Justice or Justices, before whom the Matter shall be heard, shall, in his or their Discretion, think fit) to he levied by Distress and Sale of the Goods of the Person offending, by Warrant under the Hand and Seal, or Hands and Seals, of such Justice or Justices, before whom such Offender shall be convitfted, or of one or more of them, to be diretfted to any other Constable within the County, City or Liberty, or to any of the Overseers of the Poor of the Parish where the Offender shall dwell; and the said Sum of five Pounds, or the said Sum not exceeding five Pounds, nor less than forty Shillings, when levied, to be paid to the Overseers of the

Poor of the Parish where the Offence shall be committed, or to some one of them, for the Use of the Poor of such Parish.

To prevent abuses in quartering, Justices may order Constables to give an Account of the Number of Officers,

XLII. And, for the better preventing Abuses in quartering or billeting the Marines, in pursuance of this Act; Be it further enacted by the Authority aforesaid, That it shall and may be lawful to and for any one or more Justice or Justices of the Peace, within their respective Counties, Cities or Liberties, by Warrant or Order under his or their Hand and Seal, or Hands and Seals, at any Time or Times. Times