Page:Ruffhead - The Statutes at Large - vol 5.djvu/94

 54 C. 2o. Anno primo Georgii Regis. Stat. 2. A. D. 1714. who are killed p er fon or Perfons {hall afterwards die, the Heir of every fuch Perfon or Perfons fhall be and is hereby s" h ' S Ma lf ft" ena< ^ e d and ordained to be free of the Duties and Cafualties of Waird, Relief and Marriage, for and on the"i'rttSi;r, account of fuch Lands or Eftate ; excepting only, That it fhall and may be lawful to his Majefty, his ih-.ll be-free Vf Heirs and Succeffors, where the Lands of fuch Perfon or Perfons hold immediately of the Crown, and to . Wj-IiJ, &c. the immediate Superior, where fuch Lands hold of a Subject, to appoint the faid Cafualties of Waird, Bat the King ^ Relief and Marriage, to b2 applied for- Provifion of the Wife,- or younger Child or Children unprovided Mpoint l |'ch may f or > or not competently provided for j due Confideration being always had to the Condition of the Heir. Waird, &c. for a Provifion for the Wifc, &c. 20 Geo. 2. c. 50. No Attainder c VIII. And becaufe it is hard that any Creditor, remaining in peaceable and dutiful Alleg ; ance to his ffuii exclude the « Majefty, his Heir; and Succeffors, fhould fuffer by the Rebellion of his Debtor ;' Be it therefore further ^_' 3ht ° f * enacted by the Authority aforefaid, That no Convi£tion or Attainder, on account of the High Treafon or ditor? C re * Treafons above-mentioned, fhall hurt or exclude the Right or Diligence of any fuch Creditor remaining peaceable and dutiful, for Security or Payment of any true, juft and lawful Debt, contracted before the Commiflion of any of the forefaid Crimes. None (hall be a IX. Provided always, and be it enacted by the Authority aforefaid, That no Perfon or Perfons, who w.tnefs againft ma y rea p or }j ave an y Benefit or Advantage by the Attainder, Conviction, or Forfeiture of any Perfon or AtuJnda^'hV P er f° ns D y Virtue of this Act, fhall be capable of being a Witnefs or Witneffes againft any. Perfon or Per- icceives Benefit, fons, by whofe Attainder, Conviction or Forfeiture, any Benefit fhall or may accrue to fuch Witnefs or Repeqkdbyzi WitlleffeS. (7.-3. 2. c. 34. ' x. And for the better fecuring the Peace of the Kingdom,' Be it further enacted and ordained, That jl'-'uf' ntsto t ' le re fp e &i ve Lieutenants in that Part of Great Britain called Scotland fhall, over and above their Power of grant Warrants commanding the Militia, and fenfible Men, and conftituting Deputy-Lieutenants, and other Officers, be to feize Arms, hereby enabled and authorized by themfelves, or any two or more of their Deputies, to grant Warrants &c. of Perfons under their Hands and Seals, appointing fuch Perfon or Perfons as they fhall think fit (of which a com- dangerousk miffioned Officer, and the Conftable or his Deputy, or in the Abfence of the Conftable and his Deputy, fome other Perfon bearing Office within the Shire? or Stewartry where the Search fhall be, fhall be two) to fearch for and feize all Arms, Ammunition, and other warlike Stores, in the Cuftody or Pofleffion of any Perfon or Perfons, whom the faid Lieutenants, or any two or more of their Deputies, fhall judge dangerous to the Peace of the Kingdom, and to fecure fuch Arms, Ammunition, or other warlike Stores for the publick Service, and thereof, from Time to Time, to give Accounts to the faid refpective Lieutenants, and in their Abfence, or otherwife by their Directions, to their Deputies, or any two or more of them. when the XI. Provided, That no fuch Search be made in any Houfe or Houfes between Sun-fetting and Sun- Se.irch may be r if in g ) th er than in Cities and their Suburbs, Boroughs Royal, Boroughs of Regality and of BaroW, Houfes of Peers where it fhall and may be lawful to fearch in the Night-time by Warrant, as aforefaid, if the Warrant not to be fhall (o direct : And that no Dwelling-houfe of any Peer of this Realm be fearched by virtue of this Act, Marched but by but by immediate Warrant from his Majefty, under his Sign Manual, or in the Preience of the Lieute- Wan-antof the nan t ? or on2 f the Deputy-Lieutenants of the fame Shire or Stewartry; and that in all Places and Houfes Entry by^Force whatsoever where Search is to be made, as aforefaid, it fhall and may be lawful, in cafe of Refiftance, to in cafe of Re- enter by Force ; 'and that the Arms fo fazed may be reftored to the former Ov/ners again, if the faid Lieu- fiflance. . tenants, or in their Abfence, as aforefaid, their Deputies, or any two or more of them fhall fo think fit. Arms feized may xil. And be it further enacted, That all Magiftrat s, and other Officers within the faid Shires or OvKnetsT- " e Stewartries, Cities, Boroughs or Places aforefaid, be and are hereby required to be aiding and affifting to Magiitrates, the faid refpective Lieutenants and their Deputies, or any of them, in Execution of the Premiffes ; and &c to afiift. that all and every Perfon and Perfons, who fhall act or do any Thing in Execution thereof, fhall be hereby faved harmlefs and indemnified. No Peer capable XIII. Provided alfo, That from and after the firft Day of OJfaber next to come, no Perfon being a tenant Mle/^be ^^ °^ t *" s R- ea W> ^ nau De capable of acting or ferving as Lieutenant or Deputy-Lieutenant, in that Part take the Oaths of of Great Britain called Scotland, unlefs he or they fhall firft, before fix Lords of his Majefty's Privy Council Aiie-iance, &c. for the Time being., or fuch other Perfons as fhall be authorized by his Majefty by Order in .Council, to adminifter the fame, take and fubferibe the Oaths of Allegiance and Abjuration, and fubferibe the Affurance appointed by Law for Perfons having Offices or Places of Truft ; and that from and after the faid firft Day Nor any under of October no Perfon under the Degree of a Peer of this Realm, fhall be capable of acting as Lieutenant, Peefudrfs ^ ^ e P ut V*-Lieutenant, or other Officer, in that Part of Great Britain called Scotland, unlrfs he or they fhall , ter ' unes,t ' c ' firft take and fubferibe the Oaths, and fubferibe the Affurance aforefaid, which Oaths and Affurance any one Juftice of the Peace of the refpective Shires or Stewartries is hereby enabled to adminifter; and the faid - Lieutenant, or any one Juftice of the Peace of the refpective Shires or Stewartries aforefaid, is enabled to adminifter to the refpective Deputy-Lieutenants, not being Peers; and the faid refpective Lieutenants, and in their Abfence, or otherwife by their Directions when they are not abfent their Deputies, or any two of them fhall, and are hereby enabled to adminifter the faid Oaihs and Aflurance to the faid Officers. Perfons having XIV. And be it further enaded, That fuch Perfon or Perfons who fhall, in purfuance of this Act, rxenTpted from'' have taken and iubfcribed the Oaths, and. fubferibed the Affurance aforefaid, fhall not be further, obliged taki*vg them t0 do the fame for the faid Matter or Cau-fe by virtue of any other Law or Statute ; and the faid Perfon again. or Perfons, their. taking and fubferibing the {aid Oaths, and their fubferibing the faid Affurance, fhall be To be certified certified into the next Quarter-Seffions of the Peace which fhall be held for fuch Shire or Stewartry, ■to the Seffions. together with the original Subfcription or Subferiptions of the fame. XV.