Page:Ruffhead - The Statutes at Large - vol 8.djvu/356

32 2 Co. Anno tricefimo fecundo G e o r g 1 1 II. A. D, 1 7 5 8.' the Parifh or Townfhip where fuch Deferter fhall be apprehended, for paying out of the Land Tax Money arifen or to arife in the Year one thoufand feven hundred and fifty-nine, into the Hands of fuch Perfon or Perfons who fhall apprehend, or caufe to be apprehended, any fuch Deferter from his iViajelly's Service, the Sum of twenty Shillings for every fuch Deferter that fhall be fo appre- hended and committed ; which Sum of twenty Shillings (hall be- fatisfied by fuch Colleflor or Col- lecflors to whom fuch Warrant fhall be direfted, and allowed upon his or their Account. Tcnilty on Perfoflj eon- XXXV. And be it further enaaed. That if any Perfon fhall harbour, conceal, or afTift any De- Sn^ fh'ei/Arir ^^'"'^^ ^^^^ ^'^ Majefly's Marine Service, knowing him to be fuch ; the Perfon fo offending (hall Cotbis Ac, * forfeit, for every fuch Offence, the Sum of five Pounds ; or if any Perfon fhall knowingly detain, buy, or exchange, or otherwife receive any Arms, Clothes, Caps, or other Furniture belonging to the King, from any Marine or Marine Deferter, upon any Account or Pretence whatfoever, or caufe the Colour of fuch Clothes to be changed ; every fuch Perfon fo ofl^ending, in each, any or either of the Cafes aforefaid, fhall forfeit for every fuch Oft'ence the Sum of five Pounds j and ujjon Convi<Stion by the Oath of one or more credible Witnefs or Witnefl'es, before any one or more of his Majefiy's Jufliccs of the Peace, the faid refpetStive Penalties of five Pounds, and five Pounds, ihall be levied by Warrant under the Hands of the faid Juftice or Juflices of the Peace, by Diftrefs and Sale of the Goods artd Chattels of the Offender ; one Moiety of the faid firft mentioned Penalty of five Pounds to be paid to the Informer, by whofe Means fuch Deferter fhall 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 refpe^live Penalties to be paid to the Officer to whom any fuch Deferter or Marine did or doth belong : And in cafe any fuch Offender, who fhall be convidted as aforefaid, of harbouring or affifling any fuch Deferter or Deferters ; or having knowingly 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 A<El, fhall not have fufficient Goods and Chat- tels, whereon Diflrefs may be made, to the Value of the Penalties recovered againft him for fuch Offence, or fhall not pay fuch Penalties within four Days after fuch ConvivSlion ; then and in fuch Cafe, fuch Juftice or Juftices of the Peace fhall 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 with- out Bail or Mainprife for the Space of three Months, or caufe fuch Offender to be publickly whipt, at the Difcretion of fuch Juflice or Juftices. Th;s Aa to extend to XXX VI. Provided always. That fo much of this A£: as relates to the Punifhment of fuch who Deierters^&c.mlieland. fjj^jl harbour, conceal, or aiTifl Deferters, or fhall knowingly detain, buy, exchange, or otherwife receive any Arms, Clothes, Caps, or other Furniture belonging to the King, from any Marine or Marine Deferter, or caufe the Colour of fuch Clothes to be changed, fhall extend, to all Ends and Purpofes whatfoever, to Ireland, and fhall be put in Execution in that Kingdom, by all Juftices of the Peace, and other Officers refpedively, according to the Tenor and during the Continuance of this Ad. Continuance of this Aft. XXXVII. And hp it further ena^ed by the Authority aforefaid. That this Ail, and every Thing herein contained, fnall be and continue in Force from the faid twenty-fifth Day of March in the Year of our Lord one thoufand feven hundred and fifty-nine, until the twenty-fifth Day of March' in the Year of our Lord one thoufand feven hundred and fixty. '*/ XXXVIIl. And to prevent as far as may be, any unjuft or fraudulent Arreffs that may be made?- No Volunteer liable to upon Marines, whereby his Majefty and the Publick may be deprived of their Service ; It is here- Procefs, uniefs for fome by further enacled by the Authority aforefaid, That no Perfon whatfoever, who is entered or fhall crimmal Matter, gj^j^^ himfelf as a Volunteer in his Majefty's Service as a Marine, during the Continuance of this Aa, fhall be liable to be taken out of his Majefty's Service by any Procefs or Execution whatfo- or uniefs for a real Debt ever. Other than for fome criminal Matter, uniefs for a real Debt, or other jufl Caufe of Aaion ; of the Value of loi. and unlefs before the taking out of fuch Procefs or Execution (not being for a criminal Matter) the' Oath of the Debt to be pjaJntifF or Plaintiffs therein, or fome other Perfon or Perfons on his or their Behalf, fhall make Ketore a Judge, J^ff^d^^■^^ before one or more Judge or Judges of the Court of Record, or other Court, out of which fuch Procefs or Execution fhall iffue, or before fome Perfon authorifed to take Affidavits in fuch Courts, that to his or their Knowledge the original Sum, juftly due and owing to the Plaintiff or Plaintiffs from the Defendant or Defendants, in the A£tion or Caufe of Aftion on which fuch Pro- cefs fhall iiTue, or the original Debt for which furh Execution fhall be iffucd out, amounts to the Value of ten Pounds at leaft, over and above all Cofts of Suit in the fame Aftion, or in any other and a Memorandum Action on which the fame fhall be founded; a Memorandum of which Oath fliall be marked on thereof marked on the the Back of fuch Proccfs Or Writ ; for which Memorandum or Oath no Fee fliall be taken : And Backoi the Procefs; j^ ^^^ Perfon fhall neverthelefs be arretted contrary to the Intent of this A6l, it fhall 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 Officer, to examine into the fame by the Oath of the Parties, or othenvirc Prifoner to be Otherwife, and by Warrant under his or their Hiinds and Seals, to difchargc fuch Marine fo ar- difcharsed, with Coftj. reftcd contrary to the intent of this A^, without paying any Fee or Fees, upon due Proof made before him or them, that fuch Marine fo arretted, was legally entered as a Marine in his Majefty's Service, and arrcfted contrary to the Intent of this Ad, and alfo to award to the Party fo com- plaining fuch Cofts ab fuch Judge or Judges fhall think reafonable : For the Recovery whereof, he ihall have the like Remedy that the Perfon who takes out the fiiid Execution might have had for his Cofts, or the Plaintiff in the like Aftion might have had for the Recovery of his Cofts, in cafe Judgment had been given for him with Cofts againil the Defendant in thg faid ^^^^"•^^.^ 2.2Ax2.t And