CAP. XII. An act for repairing and enlarging the road leading from the houfe called the fign of the Bells in the parish of Saint Margaret in Rochester to Maidītone, and other roads therein mentioned, in the county of Kent. The toll is to have continuance from the 24th of June 1728, for 21 years. CAP. XIII. An act to oblige fhips coming from places infected more effectually to perform their quarentine; and for the better preventing the plague being brought from foreign parts into Great Britain or Ireland, or the Ifles of Guernley, Jerfey, Alderney, Sark or Man; and to hinder the spreading of infection. EXP. Ships coming from places infected to perform quarentine. Till quarentine performed, no perfon or goods to be brought on fhore without licence, or perfons to go on board, or receive goods. Perfons authorized to fee quarentine performed, to go off to fuch fhip at a convenient diftance, and demand of the commander the name of the fhip, &c. And if the ship ought to perform quarentine, they are to oblige fuch fhip to go to fuch place as fhall be appointed. Commander concealing perfons infected, guilty of felony, not making a true discovery forfeits 200 l. quitting the fhip, or permitting passengers fo to do, &c. or not conveying fhip and lading to the place for quarentine, forfeits 500l. Perfons quitting the fhip may be compelled to go on board, &c. Ships or lazarets to be provided. Proper officers to compel perfons and their goods to repair to such ships or lazarets. Not repairing to fuch place, watchmen may by force compel them. Perfons refufing to repair or escaping guilty of felony. Perfons not infected entring fuch fhip, &c. may be compelled to perform quarentine. After quarentine performed, on oath that the fhip is free from infection, the customer, &c. fhall certify the fame, and the fhip, &c. liable to no further restraint. After quarentine performed, goods to be aired and dif charged. Officer or watchman fuffering perfous or goods to be conveyed away without licence, guilty of felony. When England, &c. fhall be infected, his Majefty may reftrain fmall boats under 20 tuns from failing out of any port without fecurity, &c. His Majefty by proclamation to be if fued before 24 June 1729, may prohibit commerce between his fubjects and places infected. And may prohibit any perfon to come from places infected into these dominions. Going to a place infected forfeits 500l. In all proclamations for prohibiting commerce, a reasonable time to be allowed before the prohibition. Attainder on this act not to corrupt blood, &c. A&t to commence from 1 June 1728, and be in force two years, and to the end of the next feffion of parliament. See 26 Geo. 2. c. 6. CAP. XIV. An act for encouraging feamen to enter into his Majesty's WHE Service. HEREAS nothing will more effectually contribute to the promoting and advancing the naval firength of this kingdom, than the endeavouring by due and fitting encouragements to invite mariners and feamen to enter willingly into the fervice of their country, as often as occafion fhall require; and whereas his Majesty, out of his princely concern for the increafe and encouragement of his Seamen, hath been most graciously pleased to recommend the fame from the throne, as a confideration of the greatest importance: be it therefore enacted by the King's moft excellent Majefty, by and with the the advice and confent of the lords fpiritual and temporal and After 1 July commons in this prefent parliament affembled, and by the au- 1728. Volunthority of the faine, That from and after the first day of July his name with tier entring which will be in the year of our Lord one thousand seven hun- an officer of dred and twenty eight, if any feaman or able bodied landman the fleet, to shall freely and voluntarily come before and enter his name ferve on board with any commiffion officer or officers of the fleet to be appointany ship. ed for entring fuch voluntiers, in order to ferve in or on board any of the ships or vessels of his Majefty, his heirs and succesfors, then fitting out for fea, or that fhall be in want of men, and shall receive a certificate of his fo doing from such commiffion officer or officers (who are hereby directed and required to make out and give fuch certificate gratis, and without fee or reward, and duly to date the fame) and if such person fhall and making forthwith proceed towards such ship, and fhall make his perfohis perfonal nal appearance on board the fame within the space of fourteen on board, &c. appearance, days from the day of the date of fuch certificate, inclufive of the day of the date thereof, if the place where he fo enters his name shall be intitlbe not above one hundred miles diftant from the port where ed to wages fuch ship lies, or within the space of twenty days if it be at a from the date greater diftance, or within the space of thirty days, if the place of his certifiwhere he fo enters his name be above two hundred miles dif- cate, and be tant; then and in such case every such person shall be and is duct money, allowed conhereby declared to be intitled to wages from the day of the date and two of fuch certificate, inclusive of the day of the date thereof, and months wages. shall also be allowed the ufual conduct money, and be paid an advance of two months wages, before the ship, in which he thall be rated and serve, goes to sea. to make out II. And be it further enacted, That if any inferior officer or Inferior ofable and ordinary feaman, fhall die in the fervice of his Majesty, ficer or seahis heirs or fucceffors, the captain or commander of the fhip, in man dying, which he served at the time of his death, shall immediately, or commander as soon as conveniently may be after his death, make out a a ticket of his ticket for the pay due to the perfon fo dying, at the time of his pay, death, and shall fend or tranfmit the faid ticket so made out, by the first and safest opportunity, to the commiffioners of the navy to be forthfor the time being, for the ufe of the executors or administrators with paid. of such person so dying; and the faid commiffioners are hereby directed and required to cause the money due upon fuch ticket to be forthwith paid to the said executors or administrators, or to their respective attorney or attornies, duly authorized in such manner, as is herein after appointed to receive the fame, without tarrying for the return of the ship to which the person fo dying did belong, or the general pay thereof. turned over, III. And be it further enacted, That in cafe any inferior of- Voluntier ficer or voluntier, fhall be turned over from one fhip into ano- not to ferve ther, then and in fuch cafe, fuch perfon fo turned over fhall not in a worfe ferve or be rated in a worse quality, or lower degree or station quality than than he served in or was rated for in the fhip from which he in the former was turned over; and shall receive, over and above fuch wages two months ship; and have as are then due to him, an advance of two months the ship, into which he is turned over, proceeds to fea. wages before pay advanced, IV. Pro The removal crew not to be conftrued a IV. Provided always, That if any fhip be hindred by any of the whole accident from going to fea, the removal of the whole crew or company of fuch fhip, together with their officers, into another ship, shall not be construed or taken to be a turning over within the meaning of this act. turning over. was due to him in that ship. No perfon deV. And be it further enacted, That no perfon in fea pay, ferting to for- that fhall withdraw himself from or defert the fervice of his Mafeit more than jefty, his heirs or fucceffors, fhall forfeit any more of the pay or wages due to him, than fo much thereof as was due to him for his fervice in the fhip from whence he withdrew himself or deserted; and that no ticket or tickets made out or that (hall be made out for the pay or wages of any feamen, fhall be forfeited or stopt by his withdrawing himself or deferting, after the making out of fuch ticket, but the fame fhall be duly paid. Not to alter the punish ment 13Car.2. itat. 2. C. 9. VI. Provided nevertheless, That nothing in this act contained shall extend to take away or alter the punishment appointed by an act made in the thirteenth year of the reign of appointed for King Charles the Second, for fuch captains, officers and mariners as shall defert the service of his Majefty, his heirs or fucceffors, in his fhips, or entice any others fo to do. deferters. Bargains for feamens pay, after 1 Sept. 1728, void. VII. And whereas many perfons encouraging the extravagance and taking advantage of the neceffities of feamen, have made great and unreasonable profit to themselves by anticipating, bargaining for or purchafing the pay or wages due or to grow due to feamen, to the impoverishment and utter ruin of fuch feamen and their families: be it enacted, That all and every bargain, fale, bill of fale, contract, agreement and affignment whatsoever, of, for or concerning any pay, wages or allowances of money of any kind, due or to grow due to any feaman or feamen in the fervice of his Majefty, his heirs or fucceffors, for such service, which shall be made or entred into, from and after the first day of September which fhall be in the year of our Lord one thoufand seven hundred and twenty eight, fhall be and is, and are hereby declared to be void and of none effect, to all intents and purposes whatsoever; any law, ftatute, custom or usage to the contrary thereof in any wife notwithstanding; and the treafurer of the navy for the time being is hereby authorized, directed and required to pay, or cause to be paid to all such seamen as fhall appear in perfon at the pay table, or, in their abfence, to the lawful attornies impowered by them, in the manner as is herein after directed, or to the executors or administrators of fuch feamen, or to their respective attorney or attornies duly authorized, in fuch manner as is herein after directed, the respective pay, wages or allowances of money of any kind due to them, without regard to any bargain, fale, bill of fale, contract, agreement or affignment whatsoever, made or to be made, of, for or concerning any fuch pay, wages or allowances of money of any kind, from and after the faid first day of September which fhall be in the year of our Lord one thousand seven hundred and twenty eight, VIII. Pro VIII. Provided always, and be it enacted, That this act or Not to difany thing herein contained, shall not extend or be construed to charge any feamens debts, discharge any feaman of or from any debt or debts which he or to make has already contracted or may hereafter contract, or to invalidate void the fale of or make void the fale or fales of any ticket or tickets that is, are any ticket, or shall be made out for pay, wages or other allowances of money of any kind, to such person or persons as fhall be in poffeffion of fuch ticket or tickets; but fuch fale and fales fhall be as good, valid and effectual as they were before the making of this act, and as if this act had not been made; any thing herein contained to the contrary thereof in any wife notwithstanding. IX. Provided alfo, That this act or any thing herein con- or to make tained shall not extend or be construed to extend to invalidate void any inor make void any indenture or indentures, whereby any master denture, is or shall be intitled to have or receive the pay, wages or other matter is inwhereby any allowances of money earned by his apprentice; but fuch pay, titled to his wages or other allowances fhall be paid by the treasurer of the apprentice's navy for the time being, or by his direction, according to fuch wages. indenture or indentures, as has been usual in fuch cafes, fo as fuch apprentice or apprentices were not above the age of eighteen. years, at the time fuch indenture or indentures were made and executed, in which cafe no pay, wages or allowances fhall be paid by the treasurer of the navy or by his directions, according to such indenture or indentures; any thing therein contained to the contrary thereof in any wife notwithstanding. Exception. made re vocable, and X. And be it further enacted, That from and after the first No letters of day of September which fhall be in the year of our Lord one attorney thousand seven hundred and twenty eight, no letter of attor- good, unless ney made by any feaman or feamen, in the fervice of his Majefly, his heirs or fucceffors, or by the executors or adminiftra- be figned by tors of any fuch feaman or feamen, in order to impower and the captain, intitle any person or perfons to receive any pay, wages or al- &c. lowances of money of any kind, due or to grow due for fuch fervice, fhall be good and valid, or fufficient for that purpose, unless fuch letter of attorney be made revocable, and be figned before, and attefted by the captain or commander, and one other of the signing officers of the fhip to which fuch feaman or feamen, who make the fame, belong, or the clerk of the cheque of fome of the dock yards, or the mayor or chief magiftrate of fome corporation. men who have XI. And be it further enacted by the authority aforefaid, When the pay That when and as often as any of the pay books of the ships books are belonging to his Majefty, his heirs or fucceffors, fhall be clofed, clofed, feafuch feamen as shall not then receive or have received the pay, not received wages, or other allowances of money due to them, fhall, upon their pay, application made by them to the commiffioners of the navy for the to have tickets time being, have and receive bills or tickets made out to them made out to to the value of the faid pay, wages or other allowances due to value of their them refpectively; and the faid commiffioners are hereby direct- pay. ed and required to make out the faid bills or tickets according them to the Confuls, &c. in foreign parts to pro ly, and to cause the fame to be dated, numbred, regiftred and paid in course not exceeding one month after the date thereof. XII. And be it further enacted, That the governors, minifters and confuls appointed or that fhall be appointed by his Majefty, his heirs or fucceffors, in foreign parts, and refiding faring men there, or, where none fuch are refident, any two or more Bridriven to their tish merchants then and there refiding, fhall be and are hereby coasts. authorized, directed and required to fend and provide for all seafaring men and boys, fubjects of Great Britain, that fhall by shipwreck, capture or other unavoidable accident be driven or caft away to such foreign parts or places where fuch governors, minifters, confuls or merchants refide; and the said governors, minifters, confuls and merchants are hereby required to provide for and subfist such seafaring men and boys, at or after the rate of fix pence per diem each, and to fend bills of their several difbursements upon fuch occafions, together with proper vouchCommiffion- ers for the fame, to the commiffioners of the navy for the time ers of the navy being, who are hereby directed and required to cause immediate to pay the payment to be made of fuch bills and disbursements, after due examination of the faid vouchers; and the faid governors, miConfuls, &c. to nifters, confuls and merchants thall put or fend the said men charges. fend home fuch feamen by the first thips. Matters of fhips to have of fuch fea or boys on board the firft fhip belonging to his Majefty, his heirs or fucceffors, that fhall arrive at the parts or places where they refide, or any other parts or places being near or within a convenient distance for that purpose; or in cafe no fhip of war shall be then in fuch parts or places, or within a convenient distance, they shall fend their faid men or boys on board fuch merchant ships or veffels as are bound for any port in Great Britain, and are in want of men to make up their complement; but if neither cafe happens within a convenient time, then they shall provide and order a paffage homeward for fuch men and boys in the firit merchant fhip or veffel bound for Great Britain; and every mafter or perfon having charge of a merchant ship or veffel that fhall arrive in fuch foreign parts, and be homeward bound from thence to any port in Great Britain, shall be and is hereby required to take on board fuch and fo many of fuch feafaring men or boys as the faid governors, minifters, confuls or merchants fhall direct, not exceeding four for each one hundred tuns of which his fhip confists. XIII. And for an encouragement for fuch mafters of ships or vef fels to take fuch feamen or boys aboard, and bring them to Great Britain: be it enacted, That every fuch mafter or perfon hav6 d. per diem ing charge of a fhip or veffel, who fhall produce a certificate for the paffage under the hands of the faid governors, ministers, confuls or merchants, or any of them, certifying the number and names of the men or boys taken on board by their direction, and the time of taking them on board, and shall make an 'affidavit at his return, setting forth the time during which he subsisted such men or boys, and that he did not, during that time, want of his own complement of men, or how many he did want of fuch complement, and for what time, fhall receive from the commiffioners men. |