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seamen do not exceed three-fourths of the mariners employed to navigate such ships, and that one-fourth be natives or naturalized subjects of Great Britain, (sudden death, hazard of war and the seas excepted;) but this act shall be in force during such war and no longer, except as to such ships which, being so navigated, shall be on their voyage before the determination of such war, which shall be allowed to return home. By the 20 Geo. 2. c. 45. 20 Geo. 2.6.45. Eng. all prize ships legally condemned shall be considered s. 9. Eng.
Prize-ships. as British built ships. By the 34 Geo. 3. c. 68.s. 6. Eng. 34 Geo.3. c.68. no person shall be master of a British ship, or be deemed
Who shall be a British seaman, except natives, or persons naturalized British masters or made denizens, or the subjects of some newly ac-of quired country, or foreign seamen serving 3 years in the navy in time of war. The 26 Geo. 3. c. 60. Eng. re- 26 Geo. 3.c.60, cites, that it is proper that the advantages given to ships ** owned and navigated by his majesty's subjects should be ships registered. confined to ships wholly built and fitted out in his majesty's dominions, and enacts (s. 3.) that every ship or vessel having a deck, or being of the burthen of 15 tous or upwards, belonging to any of his majesty's subjects in Great Britain, Guernsey, Jersey, or the Isle of Man, or any of the colonies, shall be registered in the manner hereby prescribed; and that the person claiming property therein shall obtain a certificate of such registry from the collector and comptroller of the customs in Great Britain and the Isle of Man, or from the governor, lieutenantgovernor, or commander in chief, and principal officer of the customs in Guernsey, Jersey, or in any of the colorries. And by s. 32. no ship shall be permitted to clear s. 39. out, or proceed to sea for any purpose whatever, as a
Certificate of British ship or vessel, or be entitled to the privileges of registry. a British ship, unless the owner shall have obtained such certificate as hereby required; and in case any such ship shall depart from the port to which she belongs. without being registered, and without having obtained a certificate, such ship shall be subject to forfeiture, and also all the guns, furniture, ammunition, tackle, and apparel to such ship belonging. By s. 17. in all transfers of the property in any ship, the certificate of registry thereof shall be truly recited-in words at length, in the
bill or other instrument of sale thereof, otherwise such 34Geo. 3.c. 68. bill of sale shall be void. And by the 34 Geo. 3. c. 68. Eng.
the indorsement of such certificates of registry is required 26 Gen. 3.c.60. to be in a certain form. By the 26 Geo. 3.c. 60. s. 44. Eng. s. 44. Eng.
every ship belonging to any subject residing in Ireland, which shall, by virtue of any act that may be passed in Ireland, be registered in any of the ports of Ireland under regulations similar to those herein contained, shall enjoy all the privileges of a British built ship, or foreign
built ship owned by his majesty's subjects, aecording to 27 Geo.3.c.23. the provisions of this act. And the 27 Geo. 3. c. 23. Ir. $ 1. Ir.
was accordingly passed by the Irish parliament, containing provisions similar to those of the 26 Geo. 3.c. 60. Eng. and declares (s. 1.) that the British act 12 Car. 2. c. 18. Eng.
(save so far as altered by this act) shall be of force and 42 Geo.3.c.61. effect in Ireland. The 42 Geo. 3. c. 61. I. has also es
tended to Ireland the provisions of the 34 Geo. 3. c. 68. Eng, and 13 Geo. 2. c. 3. Eng. The 12 Car. 2. c. 18. Eng.
seems also to have been in the contemplation of the Irish 91 & 22 Geo. 3. legislature when the 21 & 22 Geo. 3.c. 48. Ir. was passed,
which enacts, that all such clauses and provisions contained in any statutes made in England or Great Britain, as equally concerned the seamen of England and Ireland, or of Great Britain and Ireland, save so far as the same have been altered or repealed, shall be accepted, used,
and executed in Ireland. Government of The statutes which sanction the impressing men for the Ale navy
sea-service, as well as those passed for their encouragement; are of too peculiar a nature to find a place in this
work: and the several articles for the government of his 09 660 2.633 majesty's navy, which are contained in the 22 Geo. 2.
c. 33. Eng. (amended by the 19 Geo. 3. c. 17. Eng, and 19 Gei. 3. c. 17.
37 Geo. 3. c. 140. Eng.) are also omitted. It is however to 37Geo.3.c.140.
be observed that by this statute (s. 6. & 11.) the lord bigh admiral of Great Britain, or the commissioners for execnting that office, are empowered to grant commissions for holding naval courts martial in foreign parts, or in the ports of Great Britain or Ireland: and by these articles almost every possible offence is specified, and a particular punishment for the most part annexed, in which respects this service is distinguished from that of
the military. An act, similar to the mutiny act, is also annually passed for the regulation of his majesty's royal marine forces on shore, of which the last is the 48 48 Geo. 3.c. 14. Geo. 3. c. 14. U. K.: But by this act the lord high ad-U. K. miral, or three of the commissioners for executing this Marine forces. office, are empowered to make rules and articles for the punishment of the marine forces while on shore, and to constitute courts martial for trying and determining any crimes or offences committed by them; and also to grant commissions to any officers of royal marines, not being under the rank of field officers, for holding general courts martial. And by this act as well as the mutiny act, the Punishe offences for which a capital punishment may be inflicted soldiers and maon such troops while serving on shore, are mutiny or sedition; desertion; sleeping while on any post, or leava ing it before relieved; holding correspondence with any rebel or enemy; striking or using any violence against a superior officer while acting as such, or disobeying any lawful command of a superior officer: and such courts martial may inflict corporal punishment, not extending to life or limb, for immorality, misbehaviour, or neglect of duty. But by the mutiny act, to misbehave before the enemy, or shamefully to abandon or deliver up any garrison, fortress, or post, or to compel or induce the governor or commanding officer so to do, may be also punished with death. The offences for which capital punishments may be inflicted under the 22 Geo. 2. c. 33. Eng. are much more numerous: many of them however are cases in which the king's military troops, or marine forces serving on shore, would be liable to be handed oser to the civil power, and be subject to the punishment of death by the ordinary course of law. It is scarcely necessary to observe that no distinct navy or marine force was ever placed upon the Irish establishment, whether before the union or since; and no Irish statute therefore provides for their manning or government. The navy of Great Britain is the common bulwark of the empire, manned by the brave population, and supported by the common purse of the united kingdoms. VOL. I. . 2 c
Of Master and Servant.
$1. THE 5. Eliz. c. 4. Eng. is “an act containing divers W'ho compella- orders for artificers, labourers, servants of husbandry, Ble to serve in trales, and for and apprentices.” By this statute (s. 3.) no person shall that term; 5 Eliz. c. 4. s. 3.
, retain, or be retained to work for any less term than one Engi whole year, in any of the crafts, of clothiers, woollen
cloth weavers, tuckers, fullers, cloth-workers, sheremen, dyers, hosiers, tailors, sbocmakers, tanners, pewterers, bakers, brewers, glovers, cutlers, smiths, farriers, curriers, saddlers, spurriers, turners, cappers, hatmakers or felt
makers, bowyers, fletchers, arrow-lead-makers, butchers, so 4. cooks, or millers. And by s. 4. every person unmarried,
and every married person being under the age of 30 years, and having been brought up in any of said trades, or that liath used any of them for 3 years; and not having an estate of inheritance or for life of 40s. a year, nor worth of 10. in goods; uor being retained with any person in husbandry, nor in any of the aforesaid or other trades; nor being lawfully retained in household, or in any office, svith any nobleman, gentleman, or other; nor having a convenient farın or other liolding in tillage, shall, while so unmarried or under the age of 30 years, on the request of any person using the art and mystery wherein such
person hath been exercised, be retained and serve on *Vides. 9. pain of incurring such penalties as herein limited.* And 8.7. by s. 7. every person betiveen the age of 12 and 60,
(with such exceptions as in s. 4. amongst others) shall be Who in husbandry.
compelled to be retained to serve in husbandry by the year with any person that keepeth husbandry, and will
require such person to serve, within the same shire where S. 5. 6. & 8.
he shall be so required. By s. 5.6. & 8. if any person who Penalty for
shall retain any servant shall put him away before the master's pitting end of his term, unless for some reasonable cause to be without cause or allowed before a justice of peace of the county, or mayor rice.
or other chief officer of the city, &c.; or shall put him away at the end of his term without a quarter's warning, he shall forfeit 40s.; unless he can prove by 2 witnesses such reasonable cause, or quarter's warning, before the judges of assize, justices of the peace in sessions, or the mayor and 2 aldermen (or 2 burgesses if there are no aldermen) in towns corporate. And by s. 9. if any servant so retained shall depart from his service before the
Penalty for end of his term, unless for some reasonable cause to be servants refusine allowed as aforesaid, or at the end of his term without a to serve, or de
parting without quarters warning before 2 witnesses; or refuse to serve, cause är notice, in husbandry, or other arts above mentioned, for the wages to be limited by this statute; or promise to serve and do not serve, then on complaint and conviction before 2 justices, or mayor and 2 aldermen (or 2 burgesses where there are no aldermen) he shall be committed to ward, until he shall be bound to serve and continue for the wages there limited; and to be discharged upon his delivery without any fee to the gaoler. By s. 11. no s. 11. person that shall depart out of a service, shall be accepted,
cu Testimonial ron into any other service, without shewing before his re- quired. uainer such testimonial of his being licensed to depart from his former master as hereby prescribedl, to the chief officer of the town corporate, and in every other town and place to the constable, curate, church-warden, or other head officer; upon pain that every such servant shall be imprisoned till he procure one; which if he cannot do, he shall be whipped and used as a vagabond: and every person retaining such servant without shewing such testimonial shall forfeit £5.; and if any such person be taken with a counterfeit testimonial, then to be whipped as a vagabond. This statute (s. 24.) also empowers 2 S. 94. . justices, or the mayor or other head officer of a town
Women compel corporate, and 2 aldermen (or 2 burgesses if there be no liable to serve. aldermen) to appoint any woman who is of the age of 12 years and under 40 and unmarried, and forth of service, to serve, or be retained to serve, by the year, or · by the week or day, for such wages and in such reasonable manner as they shall think meer; and if any such