Page:Ruffhead - The Statutes at Large - vol 6.djvu/774

 708 C. 39. Anno decimo nono Georgii II. A. D. 1746. Difbofal of the Forfeitures, Continuance. None But tlis Army to wear Che Highland Clothes. Iflie lime is ex- £:iged by 20 Geo. •->.. c, 51, And this Cfanfe is amcr.ded and enfirccd by 21 Ceo. 2. c. 34. Penalty. ' ftricts to' deliver up their Arms ; but if any Perfon or Perfons (hall refufe or neglect to deliver up their Arms in Obedience to fuch Summons as aforefaid, or fhall afterwards be found in Arms, he and they dt"venn °u" 0t ma l' ° e l> a hle to the Penalties and Forfeitures- of the Statute above recited, as well as to the Penalties of Arms. ' this prefent Act. XV. And be it further enacted by the Authority aforefaid, That one Moiety of the Penalties impofed by this Act, with refpect to which no other Proviiion is made, (hall be to the Informer or Informers ; and the other Moiety fhall be at the Difpofal of the Juftices of the Peace, Judge Ordinary or other Perfon authorized by his Majefty as aforefaid, before whom fuch Conviction fhall happen, provided the fame be applied towards the Expence incurred in the Execution of this Act. XVI. And be it fuither enacted by the Authority aforefaid, That the above Provifions in this Act ' Continued and fl la ]] con ti n ue in Force for feven Years, and from thence to the End of the next Seffion of Parliament. amended ;6, , ' » Geo. 2. c. 29.' and no longer. , XVII. And be it further enacted by the Authority aforefaid, That from and after the firft Day of Auguji one thoufand feven hundred and forty-feven, no Man or Boy within that Part of Great Britain called Scotland, other than fuch as lhall be employed as Officers and Soldiers in his Majefty's Forces, lhall, on any Pretence whatfoever, wear or put on the Clothes commonly called Highland Clothes (that is to fay) the Plaid, Philebeg or little Kilt, Trowfe, Shoulder Belts, or any Part whatfoever of what peculiarly belongs to the Highland Garb ; and that no Tartan or party-coloured Plaid or Stuff mall be ufed for Great Coats, or for Upper Coats ;• and if any fuch Perfon fhall prefume, after the laid firft Day of Auguji, to wear or put on the aforefaid Garments, or any Part of them, every fuch Per- fon fo offending, being convicted thereof by the Oath of one or more credible Witnefs or Wit- nefli-S before any Court of Jufticiary, or any one or more Juftices of the Peace for the Shire or Stewartry, or Judge Ordinary of the Place where fuch Offence lhall be committed, fhall fuffer Im- prisonment, without Bail, during the Space of fix Months, and no longer ; and being convicted for a fecend Offence before a Court of Jufticiary, or at the Circuits, fnall be liable to be trans- ported to any of his Majefty's Plantations beyond the Seas, there to remain for the Space of feven Years. tg Geo. 2. c. 2& ' XVIII. And whereas by an Act made in this Seffion' of Parliament, intituled, Jn Acl to in~ ' demnfy fuch Perfons as have ailed in Defence of his Majejifs Perfon and Government, and for the Pre- 1 fervction of the publick Peace of this Kingdom, during the Time of the prejait unnatural Rebellion, and ' Sheriffs and ethers tvho have fuffend Ejcapes, occajioned thereby, from vexatious Suits and Profecutions, ' it is enacted, That all perfonal Actions and Suits, Indictments, Informations and all Moleftations, ' of any Matter or Thing advifed, commanded, appointed or done during the Rebellion, until the ' thirtieth Day of April in the Year of our Lord one thoufand feven hundred and forty- fix, in ' order to fupprefs the faid unnatural Rebellion, or for the Prefervation of the publick Peace, or ' for the Service or Safety of the Government, lhall be difcharged and made void : And whereas ' it is alfo reafonable, that Acts done for the publick Service, fince the faid thirtieth Day of April, ' though not juftifiable by the ftriet Forms of Law, fhould be juftified by A6t of Parliament :' Be it enacted by the Authority aforefaid, That all perfonal Actions and Suits, Indictments and Informa- tions, which have been or fhall be commenced or profecuted, and all Moleftations, Profecutions and Proceedings whatfoever, and Judgments thereupon, if any be, for or by reafon of any Act, Mat- ter or Thing advifed, commanded, appointed or done before the twenty -fifth Day of July in the Year of our Lord one thoufand feven hundred and forty-fix, in order to fupprefs the faid unna- tural Rebellion, or for the Prefervation of the publick Peace, or for the Safety or Service of the Government, ihali be difcharged and made void; and that every Perfon, by whom any fuch Act, Matter or Thing fhall have been fo advifed, commanded, appointed or done for the Purpofes aforefaid, or aay of them:, before the faid five and twentieth Day of July, fhall be freed, acquitted and indemnified, as well againft the King's Majefty, his Heirs and Succeffors, as againft all and every other Perfon and Perlons ; and that if any Action or Suit hath been or lhall be commenced or profecuted, within that Part of Great Britain called England, againft any Perfon for any fuch Act, Ail A "ions, for Matters done Tor the Service of the Government, to be void, &c. England. Ceneral IfTue.. Double Coils. Scotland, Full Cofts. 6 Arm*, c. 6, Matter or Thing fo advifed, commanded, appointed or done for the Purpofes aforefaid, or any of them, before the faid twenty-fifth Day of July, he or file may plead the General Iffue, and give this Act and the fpecial Matter in Evidence ; and if the Plaintiff or Plaintiffs' (hall become non- fuit, or forbear further Profecution, or fuffer Difcontinuance ; or if a Verdict pafs againft fuch Plaintiff or Plaintiffs, th« Defendant or Defendants lhall recover his, her or their double Cofts, for which he, live, or they lhall have the like Remedy, as in Cafes where Cofts by Law are given to Defendants ; and if fuch Action or Suit hath been or fhall be commenced or profecuted in that Part of Great Britain called Scotland, the Court, before whom fuch Action or Suit hath been or (hall be commenced or profecuted, (hall allow to the Defender the Benefit of the Difcharge and Indemnity above provided, and fhall further decern the Purfuer to pay to the Defender the full and real Expences that he or flie (hall be put to by fuch Action or Suit. '' XIX. And whereas by an Act palled in the fixth Year of her late Majefty Queen. Anne, ' intituled, An Acl for rendering the Unionof the Two Kingdoms more entire and complete ; it is, a- ' mongft other Things, enacted, That Circuit Courts lhall be holden in that Part of the United ' Kingdom called Sc-otland, in Manner, and at the Places mentioned in the faid Act : And whereas ' by the late unnatural Rebellion, the Courfe of Juftice in Scotland has been fo interrupted,, as fen- e dered it impracticable to give up and tranfmit Prcfentmeats, in fuch due' Time as Profecutions might ' thereupon
 * ' ' Profecutions and Proceedings whatfoever, and Judgments thereupon, if any be, for or by Reafon