Page:Ruffhead - The Statutes at Large - vol 8.djvu/211

A. D. 1757. Anno tricefimo primo Georgit II. C. 10. 177 award to the Party fo complaining fuch Cofts as fuch Judge or Judges fliall think reafonable j for the Re- covery whereof, he fhail have the like Remedy that the Perfon who takes out the faid Execution might have had for his Cofts, or the Plaintiff in the faid A6lion 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 A6tion. XXIX. And, to the End that honeft Creditors, who aim only at the Recovery of their juft Debts due to them from fuch Seamen as are actually belonging to fome of the Ships or Vefiels of his Majefty, his Heirs or SuccefTors, may not be hindered from fuing for the fame, but, on the contrary, may be affifted and forwarded in their Suits ; and that, inftead of proceeding by an Arreft, which may hurt the Service, and occafion a great Expence and Delay to themfelves, they may be enabled to proceed in a more fpeedy and eafy Method ; Be it further enabled by the Authority aforefaid. That it fhall be lawful for any Plaintiff or p]^i^r,ff n.^„ Plaintiffs, upon Notice firft: given in Writing of the Caufe of Action to fuch Seaman or Seamen belonging fjie a Common to the Royal Navy, or left at his or their laft Place of Refidence before his or their Entering into the Service Appearance, of his Majefty, his Heirs or Succeffors, to file a Common Appearance in any A<5lion to be brought for or and proceed to upon account of any Debt whatfoever, fo as to intitle fuch Plaintiff or Plaintiffs to proceed therein to Judg- judgment and ment and Outlawry, and to have an Execution thereupon, other than againft the Body or Bodies of him or Outlawry, and them fo actually belonging to any Ship or Veffel of his Majefty, his Heirs or Succeflbrs, as aforefaid ; this ^^"'^ Execution Act, or any thing herein, or any former Law or Statute, to the contrary notwithftanding tiereupon. XXX. And, to prevent Extortion by Perfons employed in the receiving of Seamens Wages, and other Monies, Be it further enafted by the Authority aforefaid, That no Perfon or Perfons whatfoever who fliall No more than be employed in the receiving of any Wages, fay. Prize Money, or any other Monies, due, or becoming p*^' '" ^^'^^ ^ ^ due, for or upon account of the Service of any Officer, Seaman or other Perfon, in the Royal Navy, ftiall d°^"j for rt-^' be intitled to take or retain more than fix Pence in the Pound for or upon account of receiving thoreof, and ceiving and pay- foT paying the fame to the Perfon or Perfons by whom he or they fliall be employed, or according to the ing Scamcns Direction and Appointment of fuch Perfon or Perfons, and for all his and their Trouble and Attendance in Wages, or Prize relation thereto ; And if any Perfon or Perfons fo employed fliall, dirc6tly or indirectly, demand, take or re- ^°^"^ij^^u tain, or caufe or procure, or knowingly and willingly permit or fuffer, to be demanded, taken or retained, q{- " i^ any Allowance, Gratuity, Reward, or Valuable Confideration, exceeding in the Whole the Sum of fix Pence in the Pound, for the Monies fo received as aforefaid, every fuch Perfon fliall, for every fuch Offence, for- feit the Sum of fifty Pounds, to be recovered, with Full Cofts of Suit to any Perfon or Perfons who will fue for the fame in any of his Majefty's Courts of Record at IVeJlminJlery by A6lion of Debt, Bill, Plaint or In- formation, in which no ElFoin, Protection, Privilege, Wager of Law, or more than one Imparlance, fliall ^^^ j^. ^j.^ ^^^ be allowed : And if any fuch Oftender fhall be a Clerk, Officer or Servant, in any Office belonging or rela- fender belong t<» ting to the Navy, he fliall, upon Convidlion, over and above the faid Penalty of fifty Pounds, to be reco- any Office in tha vered as aforefaid, forfeit and lofe his Place, and be for ever thereafter incapable of holding any Place of N^^y, toiolehs Profit in any fuch Office. P'^^*-^ ^l^"- XXXI. And be it further enacted by Authority aforefaid. That if any Clerk, Officer or Servant, in Clerks, Officers, any Office belonging or relating to the Navy, fhall, diredlly or indirectly, demand, take or retain, or caufe J"" Servants be- or procure, or knowingly and willingly permit or fuft'er to be demanded, taken or retained, any Fee, Gra- ofifcein'^*'the^ tuity, Compenfation, or valuable Confideration (not being authorized fo to do by this A£i:) of or from any Nivy, taking Perlbn or Perfons whatfoever, for or under Pretence of the doing or performing any Matter or Thing other Fees than hereby directed or authorized to be done or performed, or which fliall be in Execution hereof, every fuch 'he Aft allows. Clerk, Officer or Servant, fliall be fubjeCt to the fame Forfeitures, Cofts and Incapacities, as is herein fu'^jecVt the before nrentioned with refpedl to the taking more than fix Pence in the Pound for the receiving of Sea- ^^"^^ Forfeit- TIT- r o o ures. mens Wages. XXXII. And be it further enacted by the Authority aforefaid. That from and after the faid firft Day of Part of the fe. November^ fo much of an Ad: made in the ninth and tenth Year of the Reign of King William the ^'^"' ^^ '^^ Third, intituled. An A6i for the better preventing the Imbezzlement of his Majefty s Stores of IVar, and prevent- ^ ^ '^WjII. 3, in^ Cheats^ Frauds and Abufes^ in paying Seamens JVages^ as relates to the taking no more than the Sum of "^ one Shilling for fuing forth any Letters of Adminiftration to the Wife or Children of any Seaman dying in the Pay of his Majefty's Nav^"-, unlefs the Goods and Chatties of fuch Seaman do amount to the Sum of twenty Pounds : And alfo fo much of an A61: made in the fourth Year of the Reign of Queen Anne, in- 4 Anna, c 19. titulcd. An A£i for the Encouragement and Increafe of Sea?neTiy and for the better and fpeedier Manning of her AJajeflys Fleets as relates to the Payment of the Wages due to Seamen turned over from one Ship to ano- ther : And fo much of an Act- made in the firft Year of the Reign of his prefent Majefty (intituled. An A£l i Ceis, z. c. a. for grantiftg an Aid to his Majcjiy of five himdred thaujand Pounds^ towards difcharging JVages due to Seamen ; ana for the coifiant^ regular and punctual Payment of Seaw.ens Wages for the future ; and for appropriating the 2, re- Perfons ferving therein, or to the Payment of the Wages due for fuch Sej-vice : And alfo an Ad made in x «. „. ,^- the firft Year of the Reign of his preient Majefty, intituled, An Act for encouraging Seajnen to enter into his pealed in Part, Majrfiys Service; fhall be and are hereby repealed. XXXIfl. And be it further enacted by the Authority aforefaid. That the Lord High Admiral o( Great Bri~ •'?;" Abrtraftof /.?/«, or the Commiffioners for executing the Office of Lord High Admiral of Great Britain^ fhall dire<5l an the' tiJhdfe' Abftrafl of the Provifions and Regulations herein contained, for the Benefit of Seamen belonging to the Ankksof War Ships and Veftls of his Majefty, his Heirs and Succeffors, together with the Article:; of War, to be print- t.. be printed; * fame Ui the jnoft f u-