Page:Ruffhead - The Statutes at Large - vol 6.djvu/773

A. D. 1746. Anno decimo nono Georgii II. C. 39. 707 IX. And be it further enacted by the Authority aforefaid, That it fhall and may be lawful to and for Lord Lieute- the Lord Lieutenant of any of the Shires aforefaid, or the Perfon or Perfons authorized by his Maj.fty, n,,,t ' &c - ta . his Heirs or Succeflbrs, as aforefaid, to fummon the Perfon or Perfons aforefaid to deliver up his or "iTummoIT, their Arms, in Manner above mentioned, or to and for any one Juflice uf the Peace of the refpective Shires above mentioned, or to the Judge Ordinary within their refpective Jurifdietions, or to fuch Per- fon or Perfons as fhall be authorized by his Majefty, his Heirs or Succeflbrs, for trying ( )tfi n< es againft this Act, to authorize and appoint fuch Perfon or Perfons as they (hall think fit, to apprehend all fuch and ip P rthrr4, Perfon or Perfons as may be found within the Limits aforefaid, having or wearing any Anns, or warlike &<=. ft! Weapons, contrary to Law, and forthwith to carry him or them to lome fure Prifon, in order to their "'.',',! *".',', ' being proceeded againft according to Law. wlt ' rtrr " X. And be it farther enacted by the Authority aforefaid, That it fhall and may be lawful to and for his Majefty, his Heirs and Succeflbrs, by Wan-ant under his or their Royal Sign Manual, and alf) ro and for the Lord Lieutenant of any of the Shires aforefaid, or the Per on or Perfons authorized by his Majefty to fummon the Perfon or Perfons aforefaid to deliver up their Anns, or any one or more Juftices of the Peace, by Warrant under his or their Hands, to authorize and appoint any Perfon or Perfons to enter into any Houfe or Houfes, within the Limits aforefaid, either by Day or by Night, Search maybe. and there to fearch for, and to feize all fuch Arms as (hall be found contrary to the Direction ot maric for Ar ~' this Act. byDayorMglit, XI. Provided, That if the above-mentioned Search fhall be made in the Night-time, that is to fay, in Pretence of between Sun fetting and Sun riling, it fhall be made in the Prefence of a Conftable, or of fome Perfon .«Conftabic, &c. particularly to be named for that Purpofe in the Warrant for fuch Search ; and if any Perfons, to the j n C afe of Op- Number of rive or more, ihall at any Time affemble together to obftruct the Execution of any Part pofition, of this Act, it lhall and may be lawful to and for every Lord Lieutenant, Deputy Lieutenant, or Ju- ftice of the Peace where fuch Aflembly fhall be, and alfo to and for every Peace Officer within any fuch Shire, Stewartry, City, Burgh or Place where fuch Aflembly (hall be, and likewife to and for all and every fuch other Perfon or Perfons,_ as by bis Majefty, his Heirs or Succeflbrs, lhall be authorized and appointed in that Behalf as aforefaid, to require the Aid and Afliftance of the Forces of his Ma- the Aid of iv«  jefty, his Heirs or Succeflbrs, by applying to the Officer commanding the faid Forces (who is hereby Kl £f b F,2L CS * authorized, impowered and commanded to give fuch Aid and Affiftance accordingly) to fupprel's fuch t0 unlawful Aflembly, in order to the putting this Act in due Execution ; and alio to feize, apprehend and difarm, and they are hereby required to feize, apprehend and difarrii fuch Perfons fo aflembled to- gether, and forthwith to carry the Perfons fo apprehended before one or more of his Majefty's Juftices Offenders f» of the Peace of the Shire or Place where fuch Perfons fhall be fo apprehended, in order to their being be carried**. proceeded againft, for fuch their Offences, according to Law; and if the Perfons fo unlawfully affem- •' u ' bled, or any of them, or any other Perfon or Perfons fummoned to deliver up his or their Arms in purfuance of this Act, fhall happen to be killed, maimed or wounded in the difperfing, feizing and ap- prehending, or in the endeavouring to difperfe, feize or apprehend, by reafon of their refilling the Per- fons endeavouring to difperfe, feize and apprehend them ; then all and every fuch Lord Lieu r enant, Deputy Lieutenant, Juflice or Juftices of the Peace, or any Peace Officer or Officers, and all and every Perfon or Perfons, authorized and appointed by his Majefty, his Heirs or Succeflbrs, in that B.ehalf as aforefaid, and all Perfons aiding and affifting to him, them, or any of them, fhall be freed, difcharged and indemnified, as well againft the King's Majefty, his Heirs and Succeflbrs, as againft all indemnification and every other Perfon and Perfons, of, for or concerning the killing, maiming or wounding any fuch r^"}'* p , e ^! oriS Perfon or Perfons fo unlawfully aflembled, that fhall be fo killed, maimed or wounded as aforefaid. XII. And be it further enacted by the Authority aforefaid, That if any Action, Civil or Cri- Defendant to be minal, fhall be brought before any Court whatfoever, againft any Perfon or Perfons for what he allowed the ta- or they fhall lawfully do in purfuance or Execution of this Act, fuch Court fhall allow the De- h^xpsnees. fendant the Benefit of the Difcharge and Indemnity above provided, and fhall further decern the Purfuer to pay the Defender the full and real Expences that he fhall be put to by fuch Action or Profecution. XIII. Provided neverthelefs, and be it enacted bv the Authority aforefaid, That no Peers of Perfons ex- this Realm, nor their Sons, nor any Members of Parliament, nor any Perfon or Perfons, who, deiJverine™™ by the Act above recited of the firft Year of his late Majefty, were allowed to have or carry their Arms. Arms, lhall by virtue of this Act be liable to be fummoned to deliver up their Arms or warlike Weapons ; nor fhall this Act, or the above recited Act, b; eonftrued to extend to exclude or hin- der any Perfon, whom his Majefty, his Heirs or Succeflbrs, by Licence under his or their Sign Manual, fhall permit to wear Arms, or who (hall be licenfed to wear Aims 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 Succeflbrs, to give fuch Licence, from keeping, bearing or wearing fuch Arms and warlike Weapons as in fuch Licence or Licences fhall for that Purpofe be particularly fpecified. XIV. And to the end that no Perfons may be difcouraged from delivering up their Arms, from the Apprehenfion of the Penalties and Forfeitures which they may have incurred, through their neglecting to comply with the Directions of the faid Act of the firft Year of his late Majefty's Reign, Be it fur- i Geo. i. c. $4. ther enacted by the Authority aforefaid, That from and after the Time of affixing any fuch Summons None be as aforefaid, no Perfon or Perfons refiding within the Bounds therein mentioned, lhall be fued or profe- f ue j for i, av ; ng cuted for his or their having, or ■having had, bearing, or having borne Arms at any Time before the had Arms before feveral Days to be prefixed or limited by Summons as aforefaid, for the refpective Perfons and Di- t 1 |' mi ^ 1 m i ? T . dcli . 4X2 itricts ve:ing them crp.