Page:Ruffhead - The Statutes at Large - vol 5.djvu/589

 A.D. 1724. Anno undecimo Georgii Regis. C. 26. 543 Summons, to which they fevcrally relate, fhall be delivered to the Sheriff or Stewart C!< rlc of the fevc- ral Shires or Stewartries, within which the Lands, intended to be difarmed, lie, who fhall enter the fame in Books which he and they is and are hereby required to keep for that Pirrpofe ; and the faid Book? in which the Pantries are fo made, or Extracts out of the fame, under the Hand of the Sheriff or Stewart Clerks, fhall in all Time to come be deemed and taken to be full and compleat Evidence of the Exe- cution of the Summons, in order to the Conviction of the Perfons who {hall neglect or refufc to comply with the fame. V. And be it further enacted, That if any fuch Sheriff or Stewart Clerk neglect or refufe to make fuch SheriffCl^knot fuch Sec. for- , Office of Seffion, for the Ufe of his Majefty, his Heirs and Succcflbrs VI. And it is further enacted by the Authority aforefaid, That it fhall and may be lawful to and for Lord Lieutcnanr the Lord Lieutenant of any of the Shires aforefaid, or the Perfon or Perfons authorized by his Majefty. &c. may appoint' as above mentioned, or for any two or more Juftices of the Peace, by Warrant under his or their Hand Perfoo»'foicaicJb and Seal to authorize and appoint any Perfon or Perfons whom he or they fhall think fit, to enter into for ■ Arm '' any Houfe or Houfes, wi;hin the Limits aforefaid, either by Day or by Night, and there to fearch for and feize all fuch Arms and Warlike Weapons, as fhall be found contrary to the Direction of this Act • Provided, That if the faid Search fhall be made in the Night-time, between Sun-fetting and Sun-riftng, it fhall be made in Prefence of a Conftable ; and if any Perfons to the Number of five or more, fliall at n any Time aflemble together to obftruct the Execution of any Thing hereby required to be executed, it J 1 ( l^ " u ° n fhall and may be lawful to and for every Lord Lieutenant, Deputy Lieutenant, or Juftice of the Peace affift.° r where fuch Affembly fhall be, and alfo to and for every Peace Officer within any fuch Shire, Stewartry, City, Borough, or Place where fuch Affembly fhall be, and likewife to and for all and every fuch other Perfon or Perfons as by his Majefty, his Heirs and Succcflbrs, fhall be authorized and appointed in that Behalf as aforefaid, to require the Aid and Affiftance of the Forces of his Majefty, his Heirs and Suc- ceffors, by applying to the Officer commanding the faid Forces, and all other his and their loving Sub- jects (who are hereby authorized, impowered and commanded to give fuch Aid and Affiftance accordingly) to fupprefs fuch unlawful Affembly, in Order to the putting this Act in due Execution, and alfo to feize apprehend and difarm, and they are hereby required to feize, apprehend and difarm fuch Perfons fo af- fembled together, and forthwith to carry the Perfons fo apprehended before any one or more of his Ma- jefty's Juftices of the Peace of the Shire or Place where fuch Perfons fhall be fo apprehended, in order to their being proceeded againft for fuch their Offences according to Law; and that if the Perfons fo un- All Pei-Com rt*. lawfully affembled, or any of them, or any other Perfon or Perfons fummoned to deliver up his or their dsmnified in Arms, in Purfuance of this Act, fliall happen to be killed, maimed or hurt, in the difperfing, feizing maiming or ki?« and apprehending, or in the endeavouring to difperfe, feize or apprehend them, by reafon of their re- llnE ruch °?P°* fifting the Perfons fo difperfing, feizing or apprehending, or endeavouring to difperfe, feize or apprehend them ; that then all and every fuch Lord Lieutenants, Deputy Lieutenants, Juftice or Juftices of the. Peace, or any Peace Officer or Officers, and all and every Perfon and Perfons authorized and appointed, by his Majefty, his Heirs or Succeffors in that Behalf as aforefaid, and all and Angular Soldiers and other Perfons, being aiding and affifting to him, tbem, or any of them, fhall be freed, difcharged and indem- nified, as well againft the King's Majefty, his Heirs and Succeffors, as againft all and every other Perfon and Perfons, of, for or concerning the killing, maiming or hurting any fuch Perfon or Perfons fo un- lawfully affembled, that fhall be fo killed, maimed or hurt as aforefaid. VII. And be it further enacted by the Authority aforefaid, That if any Action Civil or Criminal, AirCoaruto fhall be brought before any Court whatfoever againft any Perfon or Perfons for what he or they fhall law- allow Defon- fully do in Purfuance or Execution of this Act, fuch Court fhall allow the Defender the Benefit of the dants the lu- Difcharge and Indemnity above provided, and fhall further decern the Purfuer to pay to the Defender the d =s>nity, *c full and real Expences, that he fhall be put to by fuch Action or Profecution, threefold. VIII. Provided neverthelefs, and be it further enacted by the Authority aforefaid, That no Peers of No Peers or this Realm, nor their Sons, nor any Members of Parliament, nor any Perfon or Perfons who, by the Parliament Mrs, Act above recited of the firft Year of his Majefty, were allowed to have or carry Arms, fhall by Virtue ? <r ' llable t0 ts of this Act be liable to be fummoned to deliver up their Arms or Warlike Weapons ; nor fhall this Act u m °" be conftrued to extend to exclude or hinder any other Perfon, whom his Majefty, his Heirs or Succeffors, by Licence under bis or their Royal Sign Manual, fhall permit to wear Arms, or who fhall be licenfed to wear Arms, by any Writing or Writings under the Hand and Seal, or Hands and Seals of any Perfon or Perfons authorized by his Majefty, his Heirs or Succeffors, to give fuch Licence, from keeping, bear- ing, or wearing fuch and fo many Arms and warlike Weapons, as in fuch Licence or Licences, or either of them, fliall for that Purpofe be particularly fpecified. IX. And to the End that no Perfon or Perfons intended to be difarmed, may be difcouraged from de- J Ceo. i. Stat, i; livering up their Weapons, from the Apprehenfion of the Penalties and Forfeitures, which they may £j 54' ffi .. , have incurred through their neglecting to comply with the Directions of the Act above recited of the firft foed for tearing Year of his Majefty, intituled, An Acl for the more effectual fecuring the Peace of the Highlands of Scot- Aims before the land ; Be it therefore further enacted, That from and after the Time of affixing any fuch Summons as Summons, except aforefaid, no Perfon or Perfons, refiding within the Bounds therein mentioned, fhall be fued or profecu- 1« refufe to dela- ted for his or their having, or having had, bearing, or having born Arms, at any Time before the fe- vc Yeral Days to be prefixed or limited by Summons as aforefaid, for the reipective Clans and Diftricts to deiivesr