Page:Ruffhead - The Statutes at Large - vol 6.djvu/770

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704 C. 39. Anno decimo nono Georgii II. A. D. 1746.

[Proof.]

Pastor or Minister officiating did not, in express Words, pray for his Majesty, his Heirs or succeffors, by Name, and for all the Royal Family; and it mall be competent for any Candidate or Member of the Meeting, assembled for any such Election, to make this Objection, and to prove the same by a Witness or Witnesses upon Oath, or by referring it to the Oath of the Person objected to, which Oath the Presses or Clerk of such Meeting is hereby empowered to administer j and in case the same shall be proved, or the Person so objected to shall admit the fact, or refus to depose concerning it, he shall be, and is hereby disqualified from, and rendered incapable of voting, or being chosen at any such Election as aforesaid; but such Admission, or Confession upon Oath, or otherwise lb made at such Meeting, assembled for any such Election, shall not be made use of, or given in Evidence against any such Person, upon any Prosecution, for any Penalty inflicted by this or any former act of Parliament.

[Civil or military Officers resorting to unregister'd meeting houses

XIII. And be it further enacted by the Authority aforesaid, That if any Person or Persons, at any Time after the said first Day of September, either Peers, or Commoners, who have, or shall have any Office or Offices, civil or military, in that Part of Great Britain called Scotland, shall resort to, or frequent any Episcopal meeting house or Congregation in Scotland, whereof the pastor's or minister's Letters of Orders shall not be entered on Record, or registrate as aforesaid, or whereof a Certificate of the Pallor or minister's having taken the Oaths, and his Name, or Place of Abode, and also the Place where his Meeting is to beheld, shall not be entered according to the Directions of this act, and where the Pastor or Minister shall not pray, in express Words, for his Majesty, his Heirs or Successors, by Name, and all the Royal Family, in the Manner before directed, every Person so offending, being thereof lawfully convicted before any two or more of his Majesty's justices of the Peace, or before any other judge competent of the Place, shall be disabled from thenceforth to hold such Office or Offices, and shall forfeit the same; and shall be adjudged incapable to bear any Office, civil or military, in that Part of Great Britain called Scotland, for the Space of one Year from and after the Date of such Conviction.

[Judges, &c. not doing their Duty in the Premises.]

XIV. And be it enacted by the Authority aforesaid, That in case any of the said Judges, or magistrates, shall be guilty of any wilful neglect or Omission of their Duty in the Premises,

[Penalty.]

they shall forfeit the Sum of fifty Pounds Sterling, toties quoties; one Moiety thereof to the Informer, the other to be disposed of for the Use of the Poor of the Parish where the Offender shall be resident for the time being, to be recovered by summary Complaint before the Court of Session, or by Prosecution before the Court of Justiciary at Edinburgh, or at the Circuit Courts of Justiciary.

[See 26 Geo. 2. c. 29.]

CAP. XXXIX. An Act for the more effectual difarming the Highlands in Scotland; and for the more effec- tually fecuring the Peace of the faid Highlands ; and for reftraining the Ufe of the High- land Drefs ; and for further indemnifying fuch Perfons as have acted in Defence of his Majefty's Perfon and Government, during the unnatural Rebellion •, and for indemnify- ing the Judges and other Officers of the Court of Jufticiary in Scotland, for not perform- ing the Northern Circuit in May one thoufand feven hundred and forty-fix ; and for obliging the Mafters and Teachers of Private Schools in Scotland, and Chaplains, Tutors and Governors of Children or Youth, to take the Oaths to his Majefty, his Heirs and Succeffors, and to regifter the fame. "to 1 j Ceo.. 1. c.54, -' IT 7 HE RE AS by an Act made in the firft Year of the Reign of his late Majefty King George See 21 Ceo. 2. ' y the Firft, of Glorious Memory, intituled, An Ail for the more ejfeilual fecuring the Peace of

  • the Highlands in Scotland, it was enacted, That from and after the firft Day of November, which

•' was in the Year of our Lord one thoufand feven hundred and fixteen, it (hould not be lawful for •* any Perfon or Perfons (except fuch Perfons as are therein mentioned and defcribed) within the ' Shire of Dunbartain, on the North Side of the Water of Levin, Stirling on the North Side of the ' River of Forth, Perth, Kincardin, Aberdeen, Invertiefs, Nairn, Cromarty, Argyle, Forfar, Barnff, Su- ' therland, Caithnefs, Elgine, and Rofs, to have in his or their Cuftody, ufe, or bear, Broad Sword '.or Target, Poignard, Whinger, or Durk, Side Piitol, Gun, or other warlike Weapon, otherwife ■■' than in the faid Act was directed, under certain Penalties appointed by the faid Act; which Act ' having by Experience been found not fufficient to attain the Ends therein propofed, was further en- 11 Geo 1 c 26 ' ^ orcct ' ky an Act made in the eleventh Year of the Reign of his late Majefty, intituled, An Ail for ' ' more effeilual difarming the Highlands in that Part of Great Britain called Scotland ; and for the better ' fecuring the Peace and £hiiet of that Part of the Kingdom: And whereas the faid Act of the Eleventh ' Year of his late Majefty being, fo far as it related to the difarming the Highlands, to continue in ' Force only during the Term of feven Years, and from thence to the End of the next Selfion of f Parliament, is now expired: And whereas many Perfons within the faid Bounds and Shires ft il ' continue poffeiTed of great Quantities of Arms, and there, with a great Number of fuch Perfons, ' have lately raifed and carried on a moft audacious and wicked Rebellion againft his Majefty, in ' favour of a Popifh Pretender, and in Profecution thereof did, in a traiterous and hoftile Manner,

  • march into the Southern Parts of this Kingdom, took Poffeffion of feveral Towns, raifed Cf ntribu-

' tions upon the Country, and committed many other Diforders, to the Terror and great Los of

his