Page:Ruffhead - The Statutes at Large - vol 7.djvu/171

A. D. 1748. Anno vicefimo primo Georgii II. C. 34. 127 poiTcfled oF an Eftate of three thoufand or more, and lefs than fix thoufand Pounds .?t-(?fj- valued Rent, to have in his Cuftody, to he ufed lay himfelf, Family or Servants, in the Manner allowed by the Laws now in Force, any Number of Arms, not exceeding twelve Firelocks, twelve Pair of Piilols and twelve Swords or CutlnfTes ; nor to prohibii: or hinder any Heretor or Life-renter, poflefied of an Ertate of fix thoufand or more, and lefs than nine thoufand Pounds Sfo^j' valued Rent, to have in his Cufiody, to be ufed by him- felf, Family or Servants, in the Manner allowed by the Laws now in Force, any Number of Arms, not exceeding twenty Firelocks, twenty Pair of Piflrols and twenty Swords or CutlafTes; nor to prohibit or hin- der any Heretor or Life-renter, poflefTed of an Efirate of nine thoufand Pounds Sects valued Rent, or more, to have in his Cuftody, to be ufed by himfelf, Family or Servants, in the Manner allowed by the Laws now in Force, any Number of Arms, not exceeding thirty Firelocks, thirty Pair of Piftols, and thirty Swords or CutlafTes ; nor to prohibit or hinder the Magiftrates of any Burgh Royal, to have in their Cu- ftody a fufficient Number of Arms for keeping Guard within their Borough, according to the Directions of their refpecSive Magifl:rates ; nor to prohibit or hinder any Perfon who (hall be licenfed to keep, bear or •wear Arms, purfuant to the Directions of the faid recited Aft, from keeping, bearing or wearing fuch and fo many Arms or Warlike Weapons, as in fuch Licence or Licences fliall be for that Purpofe particularly fpecified ; nor to prohibit or hinder the Officers of the Army, having his Majefty's Commiffions, and the Soldiers under their Command, to keep, ufe or bear Arms as formerly ; nor the Lieutenants of Counties or their Deputies, or the fenfible Men under their Command, to keep and receive Arms out of his Majefty's Magazines, and to ufe the fame during the Time that their Militia or fenfible Men {hall be called out by lawful Authority. IV. Provided neverthelefs. That the feveral Perfons before-mentioned, to whom a limited Number of Arms above the Arms is hereby allowed, fhall be obliged, upon Summons, according to the faid recited Ail of the nine- Numbcriimitej, teenth Year of his prefent Majefty, to deliver up in the Manner diretired by this and the faid Atf, all fuch '" ^^ delivered Arms as they fhall have in their Cuftody or Ufe, over and above the Number fo limited. "^°° ""'"o"'* V. Provided alfo, That the Arms in Burghs Royal be kept in the Magazines, under the Care of the Piace and Num- Magiftrates, and not left in private Houfes, unlefs by fpecial Order or Warrant in Writing from the Ma- ber of Ar:ns ro giftrates ; and that the whole Number of Arms fo kept in any Royal Burgh, lliall not exceed the Number le kept in Royal of two hundred Stand of Arms ; and that the faid Lieutenants of Counties, their Deputies, Militia and '^"'s^- fenfible Men under their Command, do return the Arms received out of the King's Magazine, within twenty Days after the Expiration of the Time for which they fliall be called out. VL And be it further enafted. That from and after the twenty-ninth Day of Septnnhcr one thoufand fe- Perfons ha?;ng ven hundred and forty- eight, no Perfon Vi'hatfoever, by reafon of havin;^ an Licome of feu r hundred Pounds Arms^to qujiify Scots valued Rent, or any greater Rent, or being qualified to vote at Eleftions of Parliament Men, or by '"' '^ Licence, fliall be intitled to keep, bear or wear any Arms, by himfelf, Family or Servants, unlefs he fliall firft have qualified himfelf, by taking and fubfcribing the Oaths of Allegiance and Abjuration, and fub- fcribing the Afiurance appointed by Law to be taken by Perfons in Offices of publick Truft in Scoflan.^, either in the Court of Seffion, Court of Jufticiary, or in the Sheriff or Stewart's Court of the County, Shire or Stewartry, where fuch Perfon fliall rcfide, or in one of his Majefty's Courts at We/fmhifier, and caufed a Certificate of his having fo done to be entered or regtftered in a Book to be kept for that Purpofe and r.-glfier the in one of the faid Courts in Scotland; and in cafe any fuch Perfon as aforefaid lliall prefume to keep or carry '^""<^- any Arms, without having firft qualified himfelf as aforefaid, every fuch Perfon fliall forfeit the faid Arms to penalty, his Majefty, hisPIeirs and Succeflbrs, and alfo one hundred Pounds Sterling, to be recovered in any of the faid Courts in Scotland; one Moiety to the Ufe of his Majefty, his Heirs and SuccefTors, and the other Moiety to the Perfon who ftiall fue for the fame. ' VlL And whereas the Time for the Commencement of fuch Part of the faid recited Aff, as relates to ' the reftraining the Ufe of the Flighland Drefs, was, by an Aft made in the twentieth Year of his prefent so Geo, i.e. 51, ' Majefty's P-eign, enlarged, as to all Perfons not being Landed Men, until the firft Day of Aiigujl one ' thoufand feven hundred and forty-eight : And whereas the Provifion made by the faid recited Aft is necef- ' fary to be carried into Execution ; but it is reafonable to give fome further Time and Opportunity for per- ' forming fome Parts thereof :' It is liereby enafted by the Authority aforefaid. That the Time given and The Time li- appointed by the faid laft-mentioned Aft for the Purpofes therein mentioned, ftsall be, and the fame is by this "j'tcd for the prefent Aft enlarged (as to all thofe who are not Landed Men or the Sons of Landed Menj from the fiift Day [" j p.'*^', ""^" of ^?;^o-z//? one thoufand feven hundred and forty-eight, till the firft Day o'i Auguft one thoufand ftven hun- Wged.'^ '"^"° drcd and forty-nine. VIII. Provided always. That nothing in this Aft contained fliall extend, or be conftrued to give Liberty Parts of the to any Perfon whatfocver to wear or put on thofe Parts of the Highland Clothes, Garb or Habiliments, HighLind which are called the Plaid, Philibeg or Little Kilt, or any of them ; but that the faid recited Aft fhall, as to Clothes prohi- the Plaid, Philibeg or Little Kilt, take Place, from and after the tv^enty-fifth Day of Di'trwicr one thoufand '^'f^ '" '"■ -"wn /■ u J J J r ^ ■ 1 ^ after 21; Dec, levcn hundred and forty-eight. i 4.S IX. And be it further enafted, That froin and after the faid twenty- fifth Yii.^ o^ December^ it fliall and p'^^,,-",, , .• may be lav,jful to and for any of his Majefty's Subjefts Vi'hatfocver, to take up and apprehend all and every ^-^^ faldcioih's^ fuch Perfon or Perfons as they fhall find wearing, contrary to Law, the faid Highland Clothes or Gaub, or to be apprehend- any Part thereof, and forthwith to carry fuch Perfon or Perfons belbre any of his Majefly's Juftices of theed; Peace for the Shire or Stewartry, or Judge Ordinary of the Place whei'e fuch Perfon or Perfons fliall be found or apprehended, who are hereby impowered to try and convift every fuch Ofi-ender in a fummary Way. X. And it is hereby enafted. That inftead of the Penalties infiifted by the faid recited Aft of the nine- teenth of his prefent Majefty, it fliall and may be lawful to and for any fuch jufticeor Judge Ordinary, to caufe fuch Oftendcr, not being a Landed Man or the Son -of a Landed Man, lawfully convitted of v/earing or putting on the faid Highland Clothes or Garbj or any Part -thereof, contrary to the faid recited or this Aft,