Page:Ruffhead - The Statutes at Large - vol 5.djvu/588

 542 C. 26. Anno undecimo Georgii Regis. A.D. 1724. hended, of having or bearing any Arms or warlike Weapons after the Day prefixed in fuch Summons, fuch Perfon or Perfons being fo convicted as aforefaid, fhall and may, by Warrant under the Hands and Seals of fuch Juftices of the Peace, be forthwith committed to fuch fafe Cuftody as in the faid Warrant (hall be exprefTed, to be there kept and detained without Bail, until the faid Juftices of the Peace fhall caufe him or them to be delivered over (as they are hereby refpectively impowered and required to do) unto fuch Officer or Officers belonging to the Forces of his Majefty, his Heirs and SuccefTors as fhall be appointed from time to time, to receive fuch Men, within every fuch Shire or Place reflectively, to ferve as Soldiers in any Part of his Majefty's Dominions beyond the Seas; for which Purpofe the refpeftive Officers who fhall receive fuch Men, fhall then caufe the Articles of War againft Mutiny and Defertion to be read to him or them in the Prefence of fuch Perfons as fhall fo deliver over fuch Men unto fuch Of- ficers refpectively, who fhall caufe an Entry or Memorial thereof to be made, together with the Names of the Perfons fo delivered over, and a Certificate thereof in Writing under their Hands and Seals, to be delivered to the Officers appointed to receive fuch Men; arid, from and after reading the faid Articles of War, every Perfon fo delivered over to fuch Officer, to ferve as a Soldier in his Majefty's Dominions be- yond the Seas, fhall be deemed a lifted Soldier to all Intents and Purpofes, and fhall be fubject to the Dif- cipline of War, and in cafe of Defertion fhall be puifhed as a Deferter. ' II. And becaufe divers evil-minded Perfons may take upon them, in Difobedience to this prefent Act, ' to hide and conceal the Arms which they are commanded to deliver up, in Hopes of efcaping the Pu- ' nifhment due to their Offence, from the Difficulty of bringing Proof that the Arms were fo hidden and If Arms be ' concealed by them,' Be it therefore enacted by the Authority aforefaid, That if after the Days feverally found hidden in t0 ^ s prefixed for delivering up of Arms, in Execution of this Aft, any Arms or warlike Weapons what- PoffenbrT'tf a ' foever fhall be found hidden or concealed in any Dwelling-houfe, Barn, Office, Houfe, Out-houfe or Man, (hail Cuffer any other Houfe whatfoever, within the Limits fummoned to deliver up Arms as aforefaid, the Tenant the faid Penal- or PofTefTor of fuch Dwelling-houfe, and to whofe Pofleffion fuch Barn, Office, Houfe, Out-houfe, or tiesi other Houfe belongs, fhall be deemed and taken to be the Haver of fuch concealed Arms, in Contempt of this prefent Act, and, being thereof convicted in Manner above mentioned, fhall, if a Man, fuffer the Penalties hereby above enacted; and if the Tenant or PofTefTor of fuch Houfe where Arms are fo found, If a Woman, fhall be a Woman, fhe being thereof convicted in Manner above mentioned, fhall, by Warrant of the &ned b fo™wo J u ft> ces of the Peace, before whom fhe fhall be fo convicted, fuffer Imprifonment for the Space of two Years, and fined Years, within the Tollboth of the Head Burgh of the Shire or Stewartry, in which fhe fhall be convicted, not exceeding, and fhall be further liable to be fined by the faid Juftices of the Peace, according to their Difcretion, in ' lool. any Sum not exceeding one hundred Pounds, lawful Money of Great Britain; unlefs fuch Tenant or PofTefTor, in whofe Houfe, Barn, Office, Houfe, Out-houfe or other Houfe by them poffefTed, fuch Arms fhall be found concealed, do give fufficient Evidence to the Satisfaction of the faid Juftices of the Peace, before whom he or fhe fhall be tried, that fuch Arms were fo hid and concealed without his or her Con- AccefTaries. nivance, Privity or Knowledge; and if any Perfon or Perfons whatfoever fhall be acceflary or privy to the hiding or concealing fuch Arms in the Fields, or in any other Place whatfoever, he, fhe or they being thereof lawfully convicted before any two or more Juftices of the Peace as aforefaid, fhall fuffer the Pe- nalties refpectively above enacted. Summons Tuffi- III. And to the Intent that all and every Clan and Clans, and other Perfon and Perfons named, defcri- cient, ifit : exprefs bed or concerned in fuch Summons, may have due Notice thereof, and to prevent all Queftions con- Limit/amT V- 6 cerruri g the Legality of fuch Notice, It is hereby further enacted by the Authority aforefaid, That fuch fixed o'n the Pa- Summons fhall, notwithftanding the Generality thereof, be deemed fufficient, if it exprefs the Clan or rUhChurchDoor, Clans that are commanded to deliver up their Weapons, or the Lands, Limits and Boundings, the In- habitants whereof are to be difarmed, and that it fhall be a fufficient and legal Execution or Notice given of the faid Summons, if it is affixed on the Door of the Parifh Church or Parifh Churches of the feveral Paroches, within which the Lands, the Inhabitants whereof are to be difarmed, lie, on any Sunday, be- twixt the Hours of ten in the Forenoon and two in the Afternoon, four Days at leaft before the Day and on the Mar- prefixed for delivering up the Arms, and on the Market-Crofs of the Head Burgh of the Shire or Stewar- ta-Crofs. tr y 5 w Jthin which the faid Lands lie, eight Days before the Day appointed for the faid Delivery of the Arms; and in cafe the Perfon or Perfons employed to affix the faid Summons on the Doors of the feveral Parifh Churches, or any of them, fhall be intercepted, molefted or forcibly hindred to affix the faid Summons on the Doors of the faid Churches, or any of them, upon Oath made to the Effect aforefaid, before any of his Majefty's Juftices of the Peace, the Summons affixed on the Market-Crofs of the Head Burgh of the Shire or Stewartry as aforefaid, fhall be deemed and taken to be fufficient Notice to all the. Perfons commanded thereby to deliver up their Arms; and they, upon their Neglect or Difobedience, fhall fuffer and be liable to the Conviction and Penalties above expreffed, in the fame Manner as if the r ■ ■ Summons had been regularly affixed on the Doors of the feveral Parifh Churches, to affix the'sum- "^ . And to the End that fufficient Evidence may remain, in all Time to come, of the Execution or* inons to make Notice given of the Summons for difarming the feveral Clans and Diftriits as aforefaid, it is further enacted Oath that he by the Authority aforefaid, That upon the elapfing of the faid feveral Days to be prefixed for delivering hath fo done, u p Arms, the Perfon or Perfons employed to affix Copies of the Summons above mentioned, on the Mar- orthat he was ket-Crofs of the Headboroughs of any Shire or Stewartry, fhall, before any one of his Majefty's Juftices forcibly hindred. Q f ^g p eace f or th e faid Shire or Stewartry make Oath, that he or they did truly execute and give Notice Oaths and Du- of the fame by affixing it as aforefaid; and the Perfon or Perfons employed to affix the faid Summons on pliqates of the tri g Doors of the Parifh Church or Parifh Churches, fhall make Oath in the fame Manner and to the fame S ntr"d'in S the ^ Eff e &> -of otherwife fhall fwear, That he or they were intercepted, molefted or forcibly hindred to affix Bhe/iffsBooks. Copies of the faid Summons as aforefaid; which Oaths, together with full Copies or Duplicates of the Summons,