Page:Ruffhead - The Statutes at Large - vol 7.djvu/659

A. D. 1756. Anno vicelimo iiono Georgii II. C. 6. 639 ered and required to examine fuch fufpecled Perfon ; and if by his Confefllon, or the Teftimony of one or more Witnefs or Witneffes upon Oath, or by the Knowledge of fuch Juftlce of the Peace, it fhall appear or be found, that fuch fufpeded Perfon is a Marine duly entered, and ought to be with the Company to which he belongs ; fuch Juftice of the Peace (hall forthwith caufe him to be conveyed to Juftice to com- the Gaol of the County or Place where he Ihall be found, or to the Houfe of Corre^ffion, or other pub- mi' them, lick Prifon in fuch Town or Place where fuch Deferter ftiall be apprehended ; or to the Sdvoy, in cafe fuch Deferter lliall be apprehended within the Cities of London or IFeJimrry'fer, or Places adjacent, and tranfmit an Account thereof to the Secretary of the Admiialty for the time being, to the End fuch •i" tranfmit an Perfon may be proceeded againll according to Law ; and the Keeper of fuch Gaol, Houfe of Correction s^^°ef.zxvli"tis or Prifon ihall receive the full Subfilknce of every fuch Deferter, during the Time he lliall continue Admiralty. in his Cuftody, for the Maintenance of fuch Deferter, but ihall not be intitled to any Fee or Reward Gaol-keeper to on account of the Imprifonment of any fuch Defertei ; any Law, Ufaee or Cuftom to the contrary not- receive the Sub- withftanding. ' ^ UtT °' ""^ XXXIV. And for the better Encouragement of any Perfon or Perfons to fecure or apprehend fuch De- p^ward for ferters, be it further ena£ted by the Authority aforeiaid. That fuch Juftice of the Peace fliall alfo iflue tlkhig'^up Ds- his Warrant in Writing to the Colledior or Collecfors of the Land Tax Money of the Parilh or Town- ferters. fhip where fuch Deferter ihall be apprehended, for paying out of the Land Tax Money arifen or to arile in the Year one thoufand feven hundred and fifty-fix, into the Hands of iuch Perfon or Perfons ■who fhall apprehend, or caufe to be apprehended any fuch Deferter from his Majefty's Service, the Sum of twenty Shillings for every fuch Deferter that fhall be fo apprehended and committed ; which Sum of twenty Shillings ihall be fatistied by fuch Colledor or Colledors, to whom fuch Warrant fhall be di- re6led, and allowed upon his or their Account. XXXV. And be it further enacted. That if any Perfon fhall harbour, conceal or afTilT: any Deferter Penalty on Per- from his Majefty's Marine Service, knowing himto be fuch, the Perfon fo offending ihall forfeit for o"fy°"5';^or ^ every fuch Offence the Sum of five Pounds ; or if any Perfon fliall knowingly detain, buy or exchange, buying their or otherwife receive any Arms, Clothes, Caps or other Furniture belonging to the King, from any Arms, clothes. Marine or Marine Deferter, upon any Account or Pretence whatfoever, or caufe the Colour of fuch ^ Clothes to be changed ; every Perfon lb offending in each, any or either of the Cafes aforefaid, fliall for- feit for every fuch Ofience the Sum of five Pounds ; and upon Conviction by the Oath of one or more credible Witnefs or Witneffes before any one or more of his Majefty's Juftices of the Peace, the faid refpeftive Penalties of five Pounds and five Pounds fhall be levied by Warrant under the Hands of the faid Juftice or Juftices of the Peace, by Diftrefs and Sale of the Goods and Chatties of the Offen- der ; one Moiety of the faid firft-mentioned Penalty of five Pounds to be paid to the Informer, by whofe Means fuch Deferter Ihall be apprehended ; and one Moiety of the faid laft-mentioned Penalty of five Pounds to be paid to the Informer ; and the Refidue of the faid refpe6hve Penalties to be paid to the Officer to whom any fuch Deferter or Marine did or doth belong : And in cafe any Iuch Offender, who fhall be convicfled as aforefaid of harbouring or afufting any fuch Deferter or Deferters ; or having know- ingly received any Arms, Clothes, Caps or other Furniture belonging to the King ; or of having caufed the Colour of fuch Clothes to be changed, contrary to the Intent of this Adf, (liall not have fufficient Goods and Chatties, whereon Diftrefs may be made to the Value of the Penalties recovered againft him for fuch Offence, or ihall not pay fuch Penalties within four Days after fuch Convidion ; then and in fuch Cafe, fuch Juftice or Juftices of the Peace fliall and may, by Warrant under his or their Hand and Seal or Hands and Seals, either commit fuch Offender to the common Gaol, there to remain without ■Bail or Mainprize for the Space of three Months, or caufe fuch Offender to be publickly whipt, at the Difcretion of fuch Juftice or Juftices. XXXVI. Provided always. That fo much of this Aft as relates to the Punifhment of fuch who This Aft to ex- fhall harbour, conceal or affift j;)elerters, or fl:iall knowingly detain, buy, exchange, or otherwife grsf&c ^n'^rs- receive any Arms, Clothes, Caps, or other Furniture belonging to the King, from any Marine or lar.'d!" Marine Deferter, or caufe the Colour of fuch Clothes to be changed, fliall extend, to all Ends and Purpofes whatfoever, to Irelvui, and fhall be put in Execution in that Kingdom by all Juftices of the Peace and otlier Officers refpedtively, according to the 1 enor and during the Continuance of this Aa. XXXVII. And be it further enaifted by the Authority aforefaid. That this Acf", and every thing here- continuance of in contained, fliall be and continue in Force from the faid twenty-fifth Day cf March in the Year of our this Aft. Lord one thoufand feven hundred and fifty-fix, until the twenty-fifth Day of March in the Year of our Lord one thoufand feven hundred and fifty-feven. XXXVIII. And to prevent as far as may be any unjuft or fraudulent Arrefts that may be made upon Marines, whereby his Majefty and the Publick may be deprived of their Service, it is hereby further enadted by the Aiithoriiy aforefaid. That no Perfon whatfoever, who is entered or fliall enter No Volunteer himfelf as a Volunteer in liis Majefty's Service as a Marine, curing the Continuance of this Ad, fliall ^^^'ef-'fo^fome' be liable to be taken out of his Majefty's Service by any Prcceli or Execution wdiatfoever, other than tor criminal' Mat- fome '-riminal Matter, unlefs for a real Debt, or other juft Caufe of Acftion ; and unlefs before the ter, or a real taking out of fuch Procefs or Execution (not being for a criminal Matter) the Plaintiff or Plaintitts j^f ^/^^ J^ ^f^' theroin, or fome other Perfon or Perfons on his or their Behalf, fhall make Affidavit before one or mere ^_,,],i;.|, 63th to judge or Judges of the Court of Record, or other Court out of which fuch Procefs or Execution flia!l bsmade; iffue, or before fome Perfcn authorized to take Affidavits in fuch Courts, that to his or their Knov^ledge the orii^inal Sum juftly due and owing to the Piaintifr or Plaintiffs from the Defendant or Defendants, in the /clion, or Caufe cf Adion on which fuch Procefs fliall iffue, or tlie original Dtbt for which Iuch Execution fliall be iflTued out, amounts to the Value of ten Pounds at leaft, over and above all Cofts^ ot