Page:Ruffhead - The Statutes at Large - vol 8.djvu/197

A. D. 1757* Anno tricefimo primo Georgii II. C. 6. 163 neverthelefs be arrefted contrary to the Intent of this A61, it fliall 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 Of- ficer, to examine into the fame by the Oath of the Parties or otherwife, and by Warrant under his or otherwife Pvifo- their' Hands and Seals, todifcharge fuch Marine fo arrefted contrary to the Intent of this A£t, without pay- ncr to be dic- ing any Fee or Fees, upon due Proof made before him or them, that fuch Marine, fo arrefted, was legally charged, with entered as a Marine in his Majcfty's Service, and arrefted contrary to the Intent of this A6t, and alfo to ^^*" award to the Party fo complaining, fuch Cofts as fuch Judge or Judges ftiall think reafonable : For the Re- covery 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 Adion 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 Adlion. XXXlX. And to the end that honeft Creditors, who aim only at the Recovery of their juft Debts due to them from Perfons entered as Marines 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 themfelves, may be en- abled to proceed in a more fpeedy and cheap Method ; Be it further enafted by the Authority aforefaid, That it (hall and may be lawful to and for any Plaintiff or Plaintiffs, upon Notice firft given in Writing of PiaintifF giving the Caufe of A6lion to fuch Perfon or Perfons fo entered, or left at his or their laft Place of Refidence be- Notice, may file fore fuch Entering, to file a Common Appearance in any A<Stion to be brought for or upon Account of ^ ^°j^^'On Ap» any Debt whatfoever, fo as to intitle fuch Plaintiff" to proceed therein to Judgment and Outlawry, and to ard^proceed to have an Execution thereupon, other than againft the Body or Bodies of him or them fo entered as afore- judgment and i'aid ; this A61:, or any thing herein, or any former Law or Statute to the contrary notwithflanding. Execution. XL. And be it further enailed by the Authority aforefaid, That if any High Conftable, Conftable, Be- p^^^j^ on c . del or other Officer or Perfon whatfoever, who, by virtue or Colour of this A6f, {hall quarter or billet, or ftab!«,'^&c. ne-* be employed in quartering or billeting, any Marine Officers or Private Men, fhall negleit or refufe, for the glebing toquar- Space of two Hours, to quarter or billet fuch Officers or Marines when thereunto required in fuch Man- terMaiines. ner as is by this A61 diredlcd, provided fufficient Notice be given before the Arrival of fuch Forces ; or fliall Penaky onti- receive, demand, contradl or agree for any Sum or Sums of Money, or any Reward whatfoever, for or on king Mmicv to account of excufing, or in order to excufe, any Perfon or Perfons whatfoever from quartering or receiving fxcufe any Per. into his, her or their Houfe or Houfes any fuch Officer or Marine ; or in cafe any Viftualler, or any other '"". *'^°'" ^"•'^* Perfon, liable by this A&. to have any Officer or Marine billeted or quartered on him or her, flial! refufe to ""^^' receive or victual any fuch Officer or Marine fo quartered or billeted upon him or her as aforefaid ; or fliall and on ■^iclual- refufe to furnifh or allow, according to the Direilions of this A6, the feveral Things herein before refpec- le-s refusing to tively directed to be furnifhed or allowed to Non-commiffion Officers and Marines fo quartered or billeted iccc've Manncs. on him or her as aforefaid, at the Rate herein before-mentioned, and fli-.dl be thereof conviiled before any" one or more Juftice or Jufliccs of the Peace of the County, City or Liberty, within which fuch Offence fhall be committed, either by his own Confeffion, or by the Oath of one or more credible Witnefs or Wit- neffes (which Oath the faid Juftice or Juftices is and are hereby impowered to adminifter) every fuch High Conftiible, Conftable, Bedel or other Officer or Perfon fo offending, fliall 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 convidted or of one or more of them, to be diredled to any other Conftable within the County, City or Liberty, or to any of the Overfeers of the Poor of the Parifh where the Offender fliall 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 Overfeers of the Poor of- the Parifh where the Offence fhall be committed, or to fome or one of them, for the Ufe of the Poor of fuch Parifh. XLI. And, for the better preventing Abufes in quartering or billeting the Marines in purfuance of this A<St; Be it further enadted by the Authority aforefaid, That it fhall and may be lawful to and for any one or Toprevent Abu- more Juftice or Juftices of the Peace, within their refpcflive Counties, Cities or Liberties, by Warrant or fes in ouarterina, Order under his or their Hand and Seal, or Hands and Seals, at any Time or Times, during the Continu- jLiftiK^s r^.iv ance of this Act, to require and command any High Conftable, Conftable, Bedel or other Officer, v'ho ^'^'^'.^°""^'_^* fhall quarter or billet any Marines in purfuance of this A(?c, to give an Account in Writing unto the faid ccun't^o/the ^' Juliiie or Juftices requiring the fame, of the Number of Officers and Private Men Vv'ho fliall be quartered Number of of- or billeted by them, and alfo the Names of the Houfekeepers or Perfons upon whom every fuch Officer or ficcisandPiivate Private Adan fl:iall be quartered or billeted, together with an Account of the Street or Place where every ^'*^'^' ""^' ^^tre fuch Houfekeeper dwells, and the Signs (if any) belonging to their Houfes ; to the end it may appear to '^"^^"^' the faid Juftice or Juftices where fuch Officers and Private Men are quartered or billeted, and that he or they may thereby be the better enabled to prevent or puniili all Abufes in the quartering or biHeting of them. XLII. Provided neverthelefs, and it is hereby declared by the Authority aforefaid. That from and after .ciaufo for Relief the twenty-fifth Day o't Aiarck one thoufand ^^.v^w hundred and fifty-eight, when and as often as any Per- of Perions ha- fon or Peifons flTall be inlifted as a Marine or Rdarines in his Majeftv's Service, he and they fhall, within ^Hy lifting four Days, but not fooncr than twenty-four Hours, after fuch Inlifting refpecrively, be carried before the .^'^'"'^^'^"■"* next Juftice of tlie 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 Chief Magiftrate, he or they fliall. be at Liberty to declare his or their Diffent to fuch Inlifting; aii4_upon fuch Declaration, and returning the Inlifting-moncy, and alfo each Perfon fo difi'enting paying the Sum of twenty Shillings for the Charges ex- pended or laid out upon him, fuch Perfon or Perfons ib inlifted fhall be forthv.ith difcharged and fet at Liber-, ty, in the Preftnce of fuch Juftice or Chief Magiftrate j but if fuch Perfon or Perfons fhall refufe or neg-' Y 2 - lea,