Page:Ruffhead - The Statutes at Large - vol 3.djvu/776

72^ C. 42. Anno nono & decimo Culielmi III. A. D. 1698. ' Attorney, Bills of Sale, or oth?r Authorities, in the Names of the Executors or Adminirators of fuch ' Seiiinen, for the Receipt of luch Wages as were due, or fuppofed to be due, to fuch Seamen, having ' ferved, or fuppofed to have ferved as aforefaid :' For the Prevention of vv'hich faid M^icked Practices for the future, be it enacted, That all and every fuch Perfon or Perfons, his, her or. their Aiders or Abettors, t hat fhall be convifted of the faid Crimes and Offences, committed from and after the faid four and twen- t'eth Day of June^ fhall for every fuch Offence, over and above the Penalties to be inflidted by any Laws nov/ in Force, forfeit the Sum of two hundred Pounds, together with the Cofl:s of Profecution, one Moiety to His Majefty, the other Moiety to the Informer, to be recovered as aforefaid, and ihall alf'o fufFer Im- prifonment until Payment of the faid Forfeiture. Comm!fl"ioners jy. Provided alfo, and be it further enafted by the Authority aforefaid. That the faid Principal Officers o d a'cc^&c ° Commiflioners of the Navy, Ordnance or Viftualling OfEce for the time being, may fell and difpofe of may fell n'ny of ^"Y of the Stores aforefaid, fo marked as aforefaid, as they did or might have done before the making of the faid Stores fo this Adl ; and that fuch Perfon or Perfons as heretofore have or fhall hereafter buy any fuch Stores, or marked, &c. other Stores fo marked as aforefaid, of the faid Principal Officers or Commanders, or by their Order, may keep and enjoy the fame without incurring the Penalty of this Aft, or any Law to the contrary whatfo- Buyertohavea ever. Upon producing a Certificate or Certificates under the Hand and Seal of three or more of the faid Ceitificate there- Pj-Jncipal Officers or Commiffioners of the Navy, Ordnance or Vidualling Office, that they bought fuch ° ' ^ '^' Goods from them the faid Principal Officers or Commiffioners, or from fuch Perfon or Perfons as did buy the faid Stores from the faid Principal Officers or Commiffioners at any Time before fuch Scores were found Quantities to be in their Cuffody ; in which Certificate or Certificates the Quantities of fuch Stores fhall be expreiled, and exprefled. jj^g Time when and where bought of the faid Commiffioners, who, or any three or more of them, for the time being, are hereby impowered and direifed, from time to time, to give to fuch Perfon or Perfons who fhall defire the fame, and have bought, and fliall hereafter buy any of the aforefaid Stores, within thirty Days after the Sale and Delivery of the faid Stores fo fold or to be fold as aforefaid. V. And for the better Encouragement of fuch Perfons who {hall make Seizures or Difcoveries of any fuch f'd'"h"r '"^ Stores imbezilled or ftolen ; Be it enacted by the Authority aforefaid. That in cal'e any Perfon or Perfons rarnrue^ &c'' ■'^^ ^^ '"^"^ ^"^ profecuted for or by reafon of their difcovering or feizingany fuch Stores or Goods fo marked .as aforefaid, that in every fuch Cafe, fuch Perfons fo fued or profecuted may plead the General IlTue, and give this Aft and the fpecial Matter in Evidence : And in cafe that upon the Trial of fuch IlTue the De- fendants fo fued fnall make Proof, that fuch Goods or Stores, fo difcovered or feizcd by them, were fo marked as aforefaid, and that the Plaintiffs or Profecutors in fuch Suit or Profecution fhall not at fuch Trial make good Proof that they were fo employed, or had fuch Certificate as aforefaid, before fuch Dif; covery and Seizure made, and that they did fhew the fame unto fuch Defendants before fuch Suit or Pro- fecution commenced or brought, fuch Defendant fhall be acquitted and found Not guilty thereupon; un- lefs fuch Defendants, upon bight of fuch Certificate, did not deliver back unto fuch Plaintiffs or Profecutors^ at their Requefl, or otherwife, all liich Goods and Stores fo feized, in as good Plight and Condition, as they were at the Time of fuch Certificate fhewn ; and in cafe any fuch Defendants (hall be fo or otherwife acquitted on fuch Trial, and that fuch PliintifFs or Profecutors fhall difcontinue fuch their Suit or Profe- cution, or be nonfuited therein, fuch Defendants fhall recover treble Cofls. Geo. I.e. 14. ' VI. And whereas it is necefTary that Seamen fhould appoint Attornies who may seceive their Pay in §• lo- ' their Abfence, but of late an evil Praftice is introduced, that in the Letters conftituting fuch Attornies, ' there is added a Claufe purporting a Will made by fuch Seamen, whereby they make their Attornies their ' Executors, and give their whole Effat", or great Part thereof, the Seamen being ignorant of the Efficacy No Seaman's ' ;^[id Confequence of fuch a Claufe, whereby the Relations and Families of fuch Seamen as are killed at Will contained c g^^ often fufi^cr great Lofs :' For preventing fuch Inconveniency for the future, Be it enafted by the Au- ft'rumentwhh"a thority aforefaid. That from and after the faid four and twentieth Day of ^wk^ no Will of any Seaman Lettf'r of Attor- contained, printed or written in the fame Inftrument, Prayer or Parchment, with a Warrant or Letter of ney-fliallbesdod. Attorney, fhall be good or available in Law to any Intent or Purpofe whatfoever. Ecclefiaftical VII. Provided alio, and be it further enafted by the Authority aforefaid, That no EcclefiafHcal Court, Court, &c. to or any Perfon or Perfons whatfoever, under any Pretence, do take or receive any more than the Sum of take only IS. for g^e Shilling for the Seal, writing or fuing forth any Letters of Adminiflration granted, or hereafter to be Lette^s'ol'Admi- granted, to the Wife or Children of any Seaman whatfoever, dying in the Pay of His Majefty's Navy, niftration to the unlefs the Goods and Chattels of fuch Seaman do amount to the Sum of twenty Pounds : And if any Of- Wife.&c, of any ficer or Officers fliall prefume to take any more than the Sum of one Shilling, the Perfon or Perfons fp of- Seaman dying in fending fhall forfeit to the Party grieved the Sum of ten Pounds, to be recovered by Aftion of Debt, iheKmg'sNa- gj]]^ Plaint Or Information, in any of His Majefty's Courts of Record, or elfewhere. Goods'&c!a- VIII. Provided always, and be it further enafted by the Authority aforefaid. That nothing in this Aft mount to io 1. Contained fliall be conftrued to hinder any the Principal Officers and Commiffioners of the Navy, or any Kine'sStores tl^hief Commander of any of His Majeify's Ships at Sea, to lend any of His Majefty's Stores to any Mer- maybelentto chant Ship or VefTel in Diftrefs, or otherwife, as might lawfully be done before the making of this Aft, any Ship in in cafe fuch Goods fo lent be reftored with all poffible Conveniency ; and provided fuch Perfon or Perfons Diilrcfs, fo borrowing the faid Stores, from time to time, have fuch Certificate as aforefaid, which the faid Princi- fo they be re- p^j Officers and Commiffioners of the Navy, or Commander in Chief, are hereby required to give to the Borvowertohave P^rty or Parties that fhall fo borrow the fame. [This made a publick Aft by i Geo. i. fefs. 2. cap. 25. aCert.ficate. feft. X4.] , 9 Ceo. I. c. 8. C A P. XLII. EXP. An Aft for enlarglijg the Time for regiflring of Ships, puriiiant to the Aft forpreventi.ng Frauds and re- gulating Abufes, in the Plantation Trade. 3 CAP.