Page:Ruffhead - The Statutes at Large - vol 5.djvu/130

 90 to feour their Ditches, Sec. ) the Quarter-! Scf lions may take Order therein. General Ifliie. Prnfecution within fix Jvlunths. Lord MayQr, Sec. of London may execute the Powers vefted in them by 22 Sc 23 Car. 2. c. 17. Tast'her 'Provi- vi/ions concerning JS* 53* 54* Anrro primo Georgii Regis. Stat. 2. A. D. 171 5. Ditches, and carry away the Earth taken out of the fame, or who (hall not carry away Stone, Timber* Straw, or Dung left in the Highways, idr v/ho fhall not remove any other Annoyances by Water-courfes to the faid Highways) that then it fhall be lawful for the Juftices of the Peace at the next General Quarter- Seffions, or the greater Number of them, to make fuch Order therein, as to them fhall be thought conve- nient, and the fame to -conclude and bind all Perfons. XIII. And-.be it further enacted .by the Authority aforefaid, That if any Action or Suit fhall hereafter be commenced or profecuted againft any Perfon or Perfons for putting in Execution the Authority of this Act, every Perfon or Perfons fo fued may plead the General Iffue, and give this Act and the fpecial Matter in Evidence ; and -if the Plaintiff fhall become nonfuit, or forbear further Profecution, or fuffer Difconti- nuance, or if a Verdict pafs againft him, or her, the faid Defendant or Defendants fhall recover his or her double Colts, for which he or they fhall have the like Remedy as in Cafes where Cofts by Law are given to Defendants. XIV. Provided alfo, That no Perfon or Perfons fhall be punifhed for any Offence againft this Act, unlefs fuch Offender be profecuted for the fame within fix Months after the faid Offence committed ; and that r.o Perfon who (hall be punifhed for any Offence by virtue of this Act, fhall be punifhed for the fame Offence by virtue of any other Ait or Law whatfoever. XV. And be it further enacted by the Authority aforefaid, That the Lord Mayor, and the Juftices of the Pea ^ for the City of London and the Liberties thereof, for the Time being, and the Commiffioners appointed, purfuant to an Aft -made in the twenty-fecond and twenty -third Years of the Reign of King Charles the Second, intituled, An Act for the better paving and •cleanfinv the Streets and Sewers in and about tbedty of London, fhall and may from Time to Time, "within rhe faid City of London and Liberties thereof, ufe and execute all and every the Powers and Authorities vefted in them reflectively by the faid Act, or any other Act, as if this A6t fed not been made. Highways, 21 Geo. z. r.,a8i 24 Geo, z. -(7.-43. s ^ Gjo. a. c. J£% 'Sf 50. 2%Geo.z.c. iff* 30 Geo. z. c. 2S. 31 Geo. z. c, 34, C A P. LIII. An A£t for the Attainder of Thomas Forfier junior, Efquire, and William Madintojh Efquire (commonly called Brigadier Mackintojh) of High Treafon. P R. This Aft is en- forced by 1 1 Ceo. I. c. 26, Perfons within the Shires of Dunbarton, &c. fhall not keep or wear any Arms. Penalty for the firft Offence. Second Offence Every fubfe- ^uent Offence, CAP. LIV. An Aft for the more effectual fecuring the Peace of the Highlands in Scotland. I. Tnr7HEREAS the Cuftom that has too long prevailed amongft the Highlanders of Scotland, of hav- ' W ing Arms in their Cuftody, and ufing and bearing them in travelling abroad in the Fields, and ' at publick Meetings, has greatly obftructed the civilizing of the People within the Counties herein after ' and profitable Employments; has been the Caufe of many Riots, Robberies, and Tumults; hath and ' .Lpfs of his Majefty's Subjects ; has in a peculiar Manner been one of the fatal Caufes of the late unnatural Remedy:' Be it therefore enacted by the King's moft Excellent Majefty, by and with th« Advice and Content of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That from and after the firft Day of Nave »ber in the Year of our Lord one thoufand feven hundred and fixteen it fhall not be lawful for any Perfon or Perfons within the Shires of Dunbartain on the North Side of the Water of Leven, Sterling on the North Side of the River of Forth, Perth^ Kineardin, Aberdeen, Invernefs, Nairn, Cromarty, Argyle, Forfar, Bamff, Sutherland, Caithnefs, Elgine, and Rofs,. to have in his or their Cuftody, ufe or bear Broad Sword, or Target, Poynard, Whin- gar, or Durk, Side-piftol or Side-piftols, or Gun, or any other warlike Weapons, in the Fields, or in the Way, coming or going to, from, or at any Church, Market, Fair, Burials, Huntings, Meetings, or any other Occafion whatfoever, within the Bounds aforefaid, or to come into the Low-Countries armed, a's aforefaid : And in cafe any of the faid Perfon or Perfons above defcribed, fhall have in his Cuftody, ufe or bear Arms, otherwife than in' this Act directed, every fuch Perfon or Perfons fo offending, being thereof lawfully convicted before one or more Juftices of the Peace, or before my other Judge competent of the Place fummarily, fhall, for the firft Offence, forfeit all fuch Arms, and be liable to a Fine, not exceeding the Sum of forty Pounds Sterling, and not under the Sum of five Pounds Sterling, and to be imprifoned till Payment of the faid Fine ; which if not inftantly paid after Commitment, the faid Fine may and fhall be levied out of the Offender's Goods and Eftate, by Warrant of the Judge who fhall pronounce any fuch Sentence, to be applied, the one half to the Ufe of the Informer, and the other at the Sight of the Juftices of the Peace where fuch Offenders fhall be convicted, towards the repairing the publick Works within the faid Shire ; and further, liable to a Month's Imprifonment : And being convicted for a fecond Offence before the Court of Jufticiary, or before the Judges at their Circuits, fhall forfeit fuch Arms, and be liable to a Fine, not exceeding the Sum of eighty Pounds Sterling, and not under the Sum of ten Pounds Ster- ling; and for every fubfequent Offence, to a Fine the double of the former, to be levied and applied as above : And for want of Payment of any fuch Fine, or a fufficient Diftrefs to fatisfy the Payment of it, the Offender
 * named ; has prevented their applying themfelves to Hufbandry, Manufactories, Trade, and other virtuous
 * does tend to difappoint the Execution of the Law, to the Difhonour of Government, and unfpeakable
 * Rebellion^ and may occafion the like or greater Calamity in Time to come, if not prevented by a proper