Page:Ruffhead - The Statutes at Large - vol 5.djvu/131

 A. D. 1715' Anno primo Georgh Regis. Stat. 2. C. 54. 91 Offender fhall be liable to be tranfported to any of his Majefty's Plantations beyond the Seas, there to remain for the Space of feven Y ars. ,» II. And be it further enacted by the Authority aforcfaid, That all Trials for the aforefaid Offences fhall Trial » ofOflVn- be entrcd in a Regifter or Record to be kept apart by the Clerk of the Court of Jufticiary, or his Deputies; *f" '^n"!'^ and that where any Offender or Offenders fhall be tried for the firft Offence before any inferior Court, the " Clerk of every fuch Court fhall, and he is hereby required to exhibit full Duplicates of every fuch Trial ' ' b - and Sentence following; thereupon, fign d by hi ; Hand judicially, before the Judge or Judges nt their Cir- ci;,, ,b ' L ^ ! ','j tl r r cuits, in the very next Court after fuch Trials fhall have been, to be delivered to the Clerk of the Circuit ; £]„„* J' who is hereby required and commanded to enter the fame Upon the Book of Rcgiflrcr, which is appointed to be kept fcparate in Manner aforcf.iid : And that within forty Days after fuch Duplicates fhall be exhibited >nd (hall have and delivered in Manner aforefaid, Extracts whereof, figned by the faid Clerk of Jufticiary, fhall have the Uh - y fame Force and Authority as Extracts from other Rcgifters of Decrees and Acts in Scotland, by the Laws' 1 ' 01 " there, have ; and that the Clerks of fuch inferior Co nts, within the Jurifdiction of any feparate Court of Jufticiary General, fhall in like Manner forthwith tranfmit the Duplicates aforcfaid into the faid Court, there to be kept in a Regifter apart, in order to the Conviction of fuch Perfons who fhall be guilty a fecond Time, oroftner, of the above-mentioned Offence. III. And be it further enacted, That if any Clerk or Clerks of any of the faid inferior Courts fhall ncg- Orlcs, &c ledf. to make and fign fuch Duplicate, or to exhibit the fame judicially in the Circuit-Courts, or to deliver ™f^ c ^ p u-l the fame to the Clerk of the faid Circuits, or to tranfmit the fame in the Cafe above-mentioned ; or if p ii ca ic (hall lor- the faid Clerk of Jufticiary, or his Deputy-Clerks of the faid Circuits, fhall neglect to enter the faid Du- licit 10I. plkates upon the Regifter appointed to be kept in Manner before-mentioned, every fuch Clerk fo offending ihall be liable to a Fine of ten Pounds Sterling, to be levied as aforefaid. IV. And be it further enacted by the Authority aforefaid, That the Matters above-mentioned fhall be Tlie faid Mat - Point of Dittay, and that the Judges at their Circuits fhall enquire concerning the Profecutions that !"? ?"[' n% ¥ fhall have been made upon this Act, and the keeping of the Duplicates of the Trials in Manner above directed. V. And be it further enacted by the Authority aforefaid, That the Clerk of Jufticiary, or his Deputy, The Re B ifler to fhall exhibit into the faid Court of Jufticiary the Book of Regifter above direded, at the firft Court t b ^ c ^ h o ' u b ^ f into that fhall happen to be held after the Return of the Judges from their Circuits, and the running of the jufacUry. forty Days allowed for filling up the faid Regifter ; to the end, that all Neglects by not making, exhibiting, and delivering Duplicates, or by not entring the fame, together with the Proceedings had before the faid Court of Jufticiary, or Judges at their Circuits, in Manner- above directed, may be punifhed, according to this Act, without Delay. VI. Provided always, and be it further enacted by the Authority aforefaid, That the Prohibition above- This Aft tall mentioned of keeping, bearing or wearing any warlike Weapons, and the Pains and Penalties aforefaid, not "tend to fhall not extend to the Cafe of any Peers of this Realm, nor their Sons, nor of any Officers or their Affif- l>Krs ' **' tants, employed in the Execution of Juftice ; nor fhall this Act be confirmed to hinder any Commoner, Commoners ha- having the yearly Income of four hundred Pounds Scots, or more, or who is othenvife qualified to vote at'"" 6 * 00 ' - ^ " Elections of Parliament-men to ferve for any of the above-named Counties, to have in his Cuftody or Ufe, {^j 3 1 ""„ Y'ul. in Manner allowed by Laws now in Force, any Number of Arms not exceeding two Firelocks, two Pair locks, &c. of PiftoJs, two Swords ; the Magiftrates of every Burgh Royal to have in their Cuftody a fumcient Number Magiftiates of- of Arms for keeping Guard within their Burghs, and the Inhabitants of Burghs Royal to ufe the faid Arms Eurg! " Ro >' a! in keeping Guard, according to the Directions of their refpective Magiftrates : Provided always, That the TnluZlm^ Arms in Burghs Royal be kept in Magazines- under the Care of the Magiftrates, and not left in private Houfes ; and that the whole Number of Arms fo kept in any Burgh Royal fhall not exceed the Number of two hundred^ nor hinder the Officers of the Army having- his Majefty's Commiffions, and the Soldiers cjfundw ma "ro- under their Command, to keep, ufe or bear Arms as formerly; nor the Lieutenants of Counties ; their cc °;ve JurnTout* Deputies and the Militia, and fenfible Men under their Command, to keep or receive out of his Majefty's of the King's Magazines, Arms, and to ufe the fame during the Time that their Militia and fenftble Men fhall be called' M.ig«ines. out by lawful Authority. VII. Provided always, That the faid Lieutenants of Counties, their Deputies, Militia and fenftble Alert But (hall return tinder their Command, return the Arms- received out of" the King's Magazines within twenty Days after them to the the Expiration of the Time for which they fhall be called out, under the Pains and Penalties above- Magazines, mentioned. VIII. And be it further enacted by the Authority aforefaid; That frorrt arid after the fixteenth Day of After Ju!y.i6, July one thoufand feven hundred andfixteen, when a Warrant is granted by any Lord Lieutenant, or two 'y' 6 - Scarch Deputy-Lieutenants of any of the Shires or Bounds above-mentioned, to fearch for- any Ammunition or™ ybe mad . e for other warlike Stores, which he or they fhall judge dangerous to the Peace of the Kingdom, and kept or ^tiChz m ufed contrary to the Directions of this prefent Act, in purfuance of an Act patted this, prefent Seffion of Parliament to that Effect, the faid Search may be made within the faid" Shires or Bounds between Sun- fetting ami Sun-rifing^ if the Warrant ftialt fo direct; and in cafe of Rcfiftance or Refufal of Entry into Penalty of refill- the Place where fuch Search is^ to be made, or of the hiding, concealing or conveying away fuch Arms, in s fuch Search, Ammunition or other. warlike Stores, all and every Perfon or Perfons wilfully aiding or abetting, .or being guilty Art and Part of fuch Refjftance or Refufal of Entry, or the hiding, concealing or conveying away fuch Arms, Ammunition or other warlike Stores, fhaH be liable to. a Fine not exceeding fifteen Pounds- Sterling, and not under five Pounds Sterling, to be levied as above* N ? « IX.'