Page:Ruffhead - The Statutes at Large - vol 5.djvu/109

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A. D. 1714. Anno primo Georgii Regis. Stat. 2. C. 25. 69 the Climes or Offences aforefaid in the faid laft recited Aft mentioned fhall, for every fuch Crime or Of-F c '* iA& > a }£ fence, over and above the Penalties to be inflicted by any other Law now in Force, be Subject and liable tQ ^iihmtat ' the Pains and Penalties inflicted by the faid laft mentioned Act, to be recovered and distributed as in the thereby inrtift- fame reciced Act is mention :d. eJ. VIII. Provided always, and it is hereby further enacted by the Authority aforefaid, That it Shall and Tfi!: J ud C em *y may bc'lawful to and for the Judge, Juftice or Juftices, before whom fuch Offender or Offenders fhall be tried or convicted of all or any the Crimes or Offences before mentioned, to mitigate the faid Penalties ^" t 'h c 'fT!jAc. and Forfeitures by the fame Act impof.d, according to his or their Discretion, or in lieu thereof, to puniih fuch Offender or Offenders in the Premifies corporally, by caufing him, her or them, to be publickly whipped and committed to fome publick Work-houSe, there to be kept to hard Labour for the Space of three Months, or lefs Time, as to fuch Judge, Juftice or Juftices, fhall in his or their Difcretion feem meet; any Thins; in the faid Aft contained to the contrary thereof in any wife notwithstanding. IX. And be it further enacted by the Authority aforefaid, That it fhall and may be lawful to and for The Admirslty,. the Lord High Admiral of Great Britain and Ireland for the Time being, or the CommiiTioncrs for exe- & . c - may admi- cuting the Office of Lord High Admiral of Great Britain and Ireland for the Time being, or any one or "-"' °f ] ' '" more of them, the Secretary or Secretaries of the faid Lord High Admiral, or Commissioners for executing thVrec?iyinfo' the Office of Lord High Admiral for the Time being, and to and for the Trcafurer, Comptroller, Survey- &; .hisM,j.ir . or, Clerk of the Acts, and the Commiflioners of his Majefty's Navy for the Time being, or for any one or Treafu're, &c, more of them, to adminifter an Oath or Oaths, in any Cafe or Cafes relating to the receiving, keeping, if- fuing and accounting for any Part of his Majefty's Treafure, Victuals, Stores, or Provisions of his Ma- jefty's- Navy, or for the Preservation of due Order and Difcipline therein, or in any other Matter or Thing relating to his Majefty's Navy, or the Affairs thereof. any one or more or tnem, may execute an ana every the rowers nereoy, or oy any otner .uaw given tnem, " ' , ■» j~ . or any of them, on all and every the Offenders aforefaid, in all Places as well within Liberties as without; by' given them " any Law, Statute, Ordinance, Charter, or Privilege to the contrary notwithstanding. as well within* XL Provided always, and it is hereby declared, That no Claufe, Sentence, or other Matter in this Act Liberties as contained, fhall repeal, alter, change, or be interpreted to make void any of the Claufes, Matters or wlthout * Things, fpecified or contained in one Act of Parliament made in the two and twentieth Year of the Reio-n This Aa fhall' of his late Majefty King Charles the Second, intituled, An Ail for taking away the Benefit of Clergy /™>B". ot "KS &c * fuch as Jleal Cloth from the Rack, and from -fuch as Jhall Jleal or i?nbezil his Majeftfs Ammunition and Stores; Ca e r „ c ° " but that the fame Act fhall remain in full Force and Virtue, for and notwithstanding any Thing herein/' contained. XII. Provided alfo-, and be it further enacted, That all and every the Powers hereby given to any Officer The Admiralty or Commiflioner of the Navy, may be exercifed by the Lord High Admiral of Great Britain and Ireland for may execute the- the Time being, or the Commiflioners for executing the Office of Lord High Admiral of Great Britain and ^°A vers ln tiui Ireland for the Time being, or any one or more of them. XIII. Provided alfo, and be it further enacted, That no Perfon or Perfons who fhall be punifhed by vir- None fhall be tue of this Act, fhall be punifhed by force of any other Law for the fame Offence. again punifhed XIV. Provided always, and it is hereby enacted by the Authority aforefaid, That this prefent Act, and o/&J^e famc alfo the faid Act made in the ninth Year of the Reign- of his late Majefty King William trie-Third', fhall ^^ a c n j . ■ . be deemed, conftrued, allowed and taken notice of in all Courts of Law and Equity, and by all Judges Afto &10 W. and Juftices whatfoever, and in all other Places- and Jarifdictions whatfoever, without pleading or letting 3. 0.41. fhall forth the fame, as and for publick A6ts to all Intents and Purpofes whatfoever. be deemed Pufe-..- XV. And be it further enacted by the- Authority aforefaid-, That all and every the Convictions and . s ' Judgments which fhall be had, made or given in purfuance of this Act, fhall be final, and not Subject to C h onv! c '^ on3 , ori any^Appeal or Certiorari, nor be removed, fuperfeded or fufpended thereby, or by any of them;- any Law, -nnai'^^ " C Statute, or Provifion to the contrary thereof in any wife notwithstanding. XVI. And it is hereby further enacted by the Authority aforefaid, That if any Perfon or Perfons fhall Perfonsfued at any Time be fued or profecuted for or on account of any Matter or Thing by him or them done or exe- may plead the- cuted in purfuance of this Act, or the faid Act mad; in the ninth Year of the R.eign of his late Majefty General Ifiuej. King William the Third, he or they fhall or may plead the General Iffue, and give this Act and the faid laft &c ' • mentioned Act, and the fpecial Matter in Evidence for his or their Defence, and if upon a Trial a Verdict. fhall pafs for the Defendant or Defendants, or the Plaintiff or Plaintiffs fhall be nonfuit, or discontinue his or their Action or Suit, or Judgment Shall other/wife pafs for the Defendant or Defendants therein, and fhall recover then fuch Defendant or Defendants Shall have double Colts to him or them awarded againft fuch Plaintiff doul>le Cofts - or Plaintiffs, to be levied in fuch Manner as Cofts in other Actions may be levied. XVII. And it is hereby enacted by the Authority aforefaid, That an Act made in the eleventh Year of The Arts of u the Reign of his faid late Majefty King William the Third, intituled, An Acl for the more ejfeclual fuppref- & 12 W. 3. c. 7. Jing of Piracy., which was thereby to be in Force for Seven Years, and from thence to the End of the next and 5 Ann - c - Seffion of Parliament, after the Expiration of the faid Seven Years, and which by an Act made in the fifth Forcedurin" Year of the Reign of her late Majefty Queen Anne, intituled, An Ail for continuing the Laws therein men- this Aft. tioned relating to the Poor, and to the Buying and Selling of Cattle in Smithfield,. and for fupprejjing of Piracy, was enacted to remain in full Force for Seven Years, and from thence to the End of the next Seffion of Parliament, fhall from and after the faid twenty-ninth Day of September next enfuing, be revived, and the jfame is hereby enacted to-be in Force during the Continuance of this Act.. XVIII.