Anno quarto Georgii III. A.D. 1763, of the Value of 10 1. Oath of thcDeM to be made before a J jdgc, ami a Memorandum thereof marked on the Barlt of the Procefs ; othciwife Prifoner 'o be discharged, with Colts. 140 G. 8. fhall be liable to be taken out of his Majeity's Service by any Procefs or Execution whatsoever, other than for Ionic criminal A'latter, unlefs lor a real Debt, or other juft Caufe of Aftion; and unlcfs r or unlefc for a real Debt before the taking out of fuch Prccefs or Execution (not being for a criminal Matter) the Plaintiff or Plaintiffs therein, or fome other Pcrfon orPerfons on his or their .Behalf, fliall make Affidavit before one or more fudge or Judges of the Court of Record, or other Court, out of which fuch Procefs or Execution fliall ill'ue, or before tome Pcrfon authorized 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 Action or Caufe of Action on which fuch Procefs fhall iffue, or the original Debt for which fuch Execution lhall be ill'ued out, amounts to the Value of ten Pounds at leaft, over and, above all Colts of Suit in the fame Aftion, or in any other Action on which the fame fliall be grounded.;. a Memorandum of which Oath fliall be marked on the Back of fuch Procefs or Writ; for which Memorandum or Oath no Fee fliall be taken: And if any Pcrfon fliall neverthelefs be arretted con- trary to'the Intent of this Aft, 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 exa- mine into the fame by the Oath of the Parties, or otherwiie, and by Warrant under his or their Hands and Seals, to difcharge fuch Marine fo arretted contrary to the Intent of this Act, without paving anyi'Fee or Fees, upon due Proof made before him or them, that fuch Marine fo arretted was legally entered as a Marine in his Majcfty's Service, and arretted contrary to the Intent of this Aft, and alio to award to the Party fo complaining, fuch Cofts as fuch Judge or Judges fhall think rea- fonable ■ For the Recovery whereof, he fhall have the like Remedy that the Perfon who takes out the faid Execution might have had for his Cofts, or the Plaintiff in the like Aftion might have had. for the Recovery of hi°s Cofts, in. cafe Judgment had been given for him with Cofts againft the De- fendant in the faid Aftion. . , '. ; , XL. And to the end that honeft Creditors, who aim only at the Recovery of their juft Debts due to them from Perfons entered as Marines in his Majefty's Service, may not be hindered from fuing for the fame, but en the contrary may be affifted and forwarded in their Suits; and inftead of an Arreft which may at once hurt the Service, and occafion a great Expence and Delay to. them- felves may be enabled to proceed in a more fpeedy and cheap Method ; Be it further eiiafted by- Plaintiff giving Notice, ^ Authority aforefaid, That it fliaLl and may be lawful to and for any Plaintiff or Plaintiffs, upon, may file a Common Ay- ]>j ot j ce f; r ft. given in W riting of the Caufe of Aftion to fuch Perfon or Perfons fo entered, or left at P earance > h; s or thgij- f^n Place of Reiidence before fuch Entering, to file a Common Appearance in any Aftion and proceed to judgment {Q k e bought for or upon account of any Debt whatfoever, fo as to inticle fuch Plaintiff to proceed and Execution. therein to Judgment and Outlawry, and to have anExecution thereupon, other than againft the Body ©r Bodies of him or them fo entered as aforefaid ; this Aft,, or any Thing herein, or any former Law or Statute, to the contrary notwithstanding. ^ , XLL And be it further enafted by the Authority aforelaid, 1 hat if any High Conftable, Con- ftable Bedel or other Officer or Perfon whatfoever, who, by virtue or colour of this Aft, fhall- quarter or billet, or be employed in quartering or billeting, any Marine Officers or Private Men, fhall negleft or refufe, for the Space of two Hours, to quarter or billet fuch Officers or Marines,, when thereunto required, in fuch manner as is by this Aft directed, provided fufficient Notice be Penalty on taking Mo- given before the Arrival of fuch Forces ; or fhall receive, demand, contract or agree for, any Sum or ney to excufe any Per- ^ ums f Money, or any Reward whatfoever, for or on account of excufing, or in order to excufe, any fon from quartering, p CT { on or perfons whatfoever from quartering or receiving into his, her or their Houfe or Houfes any fuch Officer or Marine ; or in cafe any Victualler, or any other Perfon, liable by this Aft to have- any Officer or Marine billeted or quartered on him or her, fhall refufe to receive or viftual any fuch. Officer or Marine, fo quartered or billeted upon him or her as aforefaid ; or fliall refufe to furnifh or allow, according to the Direftions of this Aft, the feveral Things herein before respectively direfted to be furni filed or allowed to Mon-commiffion Officers and Marines fo quartered or billeted on him or her as aforefaid, at the Rate herein before-mentioned, and fhall be thereof convicted before any ©ne or more Juftice or Juftices of the Peace of the County, City or Liberty, within which fuch Offence fhall be committed, either by his own Confeffion, or by the Oath of one or more credible Witnefs or VVitneffes. (which Oath the faid Juftice or Juftices is and are hereby impowered to ad- miniiter) ; every fuch High Conftable, Conftable, Bedel, or other Officer or Perfon fo offending, fhall forfeit fo'r every fuch Offence, the Sum of five Pounds, or any Sum of Money not exceeding five Pound's, nor lefs than forty Shillings (as the faid Juftice or Juftices, before whom the Matter fhall be heard, fhall, in his or their Difcretion, think fit) to be levied by Diftrefs and Sale of the Goods of the Perfon offending, by Warrant under the Hand and Seal, or Hands and Seals, of fuch Juftice or Juftices before whom fuch Offender fliall be convifted, or of one or more of them, to be direfted to any other Conftable within the County, City or Liberty, or to any of the Overfeers of the Poor of the Parifh where the Offender fhall dwell; and the faid Sum of five Pounds, or the faid Sum not exceeding five Pounds, nor let's than forty Shillings, when levied, to be paid to the Overfeers of the Poor of the Parifh where the Offence lhall be committed, or to fome one of them, for the Ufe of the Poor of fuch Parifh. . . ;, . -,.. . .. XLII. And, for the better preventing Abufes in quartering or billeting the Marines, ln.purfuance Penalty on Confrables, &c. negkcling to quar ter Marines,, and on Victuallers re- futing to receive Ma- rines.. To prevent Abufes in trua-tering, Juftices may Q f til ; s ^q. . g e ; t f ur ther enafted by the Authority aforefaid, That it fhall and may be lawful to and 0rder A«=?nt bl " the 6 '" 6 for any one or more Juftice or Juftices of the Peace, within their refpeftive Counties, Cities or] 1 an Number of OrBcers, berties, by Warrant or Order under his or their Hand and Seal, or Hands and Seals,, at any Time or Times,
