Page:Ruffhead - The Statutes at Large - vol 6.djvu/772

 706 C. 39. Anno dechno nono Georgii II. . A. D. 1746. Arms hidden in any Houfe, &c. the Tenant to be deemed the Concealer, &c. Second OSen r e 'Jrari(fitru"ion. Officers to be appointed by !i:s Majefty, What (hall be deemed a fuf- bcitnt Sum- mons, and legal No- tice. Evidence of Notice given of the Summons 10 be made on Oatli. Oath with Du- plicates of the Summons, to be delivered to the Sheriff, &c. Sheriff, not making, Entry, &c. Penalty; III. And be it further enacted by the Authority aforefaid, That if, after the Day appointed by any Summons for the delivering up of Arms in purfuance of this Act, any Arms, or warlike Weapons, fhall be found hidden or concealed in any Dwelling-houfe, Barn, Out-houfe, Office, or any other Houfe whatfoever, being the Refidence or Habitation of or belonging to any of the Perfons fummoned to deliver up Arms as aforefaid, the Tenant or PofTeffor of fuch Dwelling-houfe, or of the Dwelling- houfe to which fuch Barn, Office, or Out-houfe belongs, being thereof convicted in Manner above- mentioned, (hall be deemed and taken to be the Haver and Concealer of fuch Arms, and being there- of convicted in Manner above mentioned, fhall fuffer the Penalties hereby above enacted againlt Con- cealers of Arms, unlefs fuch Tenant or PofTeffor, in whofe Houfe, Barn, Out-houfe, Office, or other Houfe by them poiTeffed, fuch Arms fhall be found concealed, do give Evidence, by his or her making Oath, or otherwife to the Satisfaction of the faid Juftices of the Peace, Judge Ordinary, or other Perfon authorized by his Majefty, before whom he or fhe fhall be tried, that fuch Arms were fo con-' cealed and hid without his or her Knowledge, Privity, or Connivance. IV. And be it further enacted by the Authority aforefaid, That if any Perfon who (hall have been convicted of any of the above Offences, of bearing, hiding, or concealing Arms, contrary to the Pro- vilions in this Act, fhall thereafter prefume to commit the like Offence a fecond Time, that he or (he being thereof convicted before any Court of Justiciary, or at the Circuit Courts, fhall be liable to be tranlported to any of his Majefty's Plantations beyond the Seas, there to remain for the Space of feven Years. V. And for the more effectual Execution of this prefent Act, be it further" enacted by the Authority aforefaid, That it (hall be lawful to his Majefty, his Heirs or Succeffors, by his or their Sign Manual, from time to time, to authorize and appoint fuch Perfons as he or they (hall think proper, to execute : all the Powers and Authorities by this Act given to one or more Juftice or Juftices of the Peace, or to the Judge Ordinary, within their refpective Jurifdictions, as to the apprehending, trying, and convict- ing fuch Perfon or Perfons who fhall be fummoned to deliver up their Arms, in purfuance of this Act. VI. And to the end that every Perfon or Perfons, named or concerned in fuch Summons, may have due Notice thereof, and to prevent all Queftions concerning the Legality of fuch Notice, it is hereby further enacted by the Authority aforefaid, That fuch Summons, notwithftanding the Generality there- of, be deemed fufficient, if it exprefs the Perfon or Perfons that are commanded to deliver up their Weapons, or the Parifhes, or the Lands, Limits, and Boundings of the refpective Territories and Places, whereof the Inhabitants are to be difarmed as aforefaid ; and that it (hall be a fufficient and le- gal Execution or Notice of the faid Summons, if it is affixed on the Door of the Parifh Church or Pa- rifh Churches of the feveral Parifhes within which the Lands (the Inhabitants whereof are to be dif- armed) do lie, on any Sunday, between the Hours of ten in the Forenoon, and two in the Afternoon, four Days at lead before the Day prefixed for the delivering up of the Arms, and on the Market Crofs of the Head Burgh of the Shire or Stewartry, within 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 interrupted, prevented, or forcibly hindered from affixing the faid Summons on the Doors of the faid Churches, or any of them, upon Oath thereof made before any of his Majefty's Juftices of the Peace, the Summons affixed on the Market Crofs of the faid Head Burgh of the Shire or Stewartry as aforefaid, fhall be deemed and taken to be a fufficient Notice to all the Perfons commanded there- by to deliver up their Arms, within the true Intent and Meaning, and for the Purpofes of this Act. VII. And to the end that there may be fufficient Evidence of the Execution, or Notice given of the Summons for difarming the feveral Perfons and Diftricts, as aforefaid, be it further enacted by the Au- thority aforefaid, That upon the elapfing of the faid feveral Days to be prefixed for the delivering up Arms, the Perfon or Perfons employed to fix the Summons, as above mentioned, on the Market Crofs of the Head Burghs of any Shire or Stewartry, fhall, before any one of his Majefty's Juftices of the Peace for the faid Shire or Stewartry, make Oath, that he or they did truly execute and give Notice of the fame, by affixing it as aforefaid ; and the Perfon or Perfons employed to affix the laid .Summons on the Doors of the Parifh Church or Parifh Churches, (hall make Oath in the fame Manner, and to the fame Effect, or otherwife fhall fwear that he or they were interrupted, prevented, or forcibly hin- dered from affixing the faid Summons as aforefaid ; which Oaths, together with Copies or Duplicates of the Summons, to which thsy feverally relate, fhall be delivered to the Sheriff or Steward Clerk of the feveral Shires or Stewartries, within which the Perfons intended to be difarmed do Jive or refide, who fhall enter the fame in Books, which he and they is and are hereby required to keep for that Purpofe; and the faid Books in which the Entries are fo made, or Extracts out of the fame, under the Hand of the Sheriff or Steward Clerk, fhall be deemed and taken to be full and complete Evidence of the Execu- tion of the Summons, in order to the Conviction of the Perfons who (hall neglect or refufe to comply with the fame. VIII. And be it further enacted by the Authority aforefaid, That if any fuch Sheriff or Steward Clerk neglect or refufe to make fuch Entry as is above mentioned, or (hall refufe to exhibit the Books, containing fuch Entries, or to give Extracts of the fame, being thereto required by any Perfon or Per- fons who (hall carry on any Profecutions in purfuance of this Act, the Clerk To neglecting or refufing (hall forfeit his Office, and (hall likewife be fined in the Sum of fifty Pounds Sterling ; to be recovered upon a fummary Complaint before the Court of Seffion, for the Ufe of his Majefty, his Heirs or Succeffors. 4 IX. And