Page:Ruffhead - The Statutes at Large - vol 6.djvu/771

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A. D. 1746. Anno decimo nono Georgii II. C. 39. 705 ' his Majefty's faithful Subjects, until, by the Blefling of God on his Majefty's Arms, they were fub-

  • dued :' Now, for preventing Rebellion, and traiterous Attempts in Time to come, and the other
  • Mifchiefs arifing from the Pofieflion or Ufe of Arms, by lawlefs, wicked, and difaffected Perfons in-

habiting within the faid feveral Shires and Bounds ; Be it enacted by the King's mod Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Autliority of the fame, That from and after the l-ord Ment«. hrft Day of Augujl one thoufand feven hundred and forty- fix, it fhall be lawful for the refpective ".J"! 5 ; * c- *° Lords Lieutenants of the feveral Shires above recited,' and for fuch other Perfbn or Perfons as his " u * """nons, Majefty, his Heirs or Suceeffors fhall, by his or their Sign Manual, from time to time, think hi to authorize and appoint, in that Behalf, to ifTuc, or caufe to be ilfucd out, Letters of Summons in his Majefty 's Name, and under his or their refpeCtive Hands and Seals, directed to fuch Perfons within the faid feveral Shires and Bounds, as he or they, from time to time, fhall think lit, thereby com- . „ . manding and requiring all and every Perfon and Perfons therein named, or inhabiting within the updiAms^ particular Limits therein defcribed, to bring in and deliver up, at a certain Day, in fuch Summons to be prefixed, and at a certain Place therein to be mentioned, all and lingular his and their Anns and warlike Weapons, unto fuch Lord Lieutenant, or other Perfon or Perfons appointed by his Majefty, his Heirs or Suceeffors, in that Behalf, as aforefaid, for the LTfe of his Majefty, his Heirs or iiuc- ceffors, and to be difpofed of in fuch Manner as his Majefty, his Heirs or Suceeffors fhall appoint; and if any Perfon or Perfons, in fuch Summons mentioned by Name, or inhabiting within the Li- mits therein defcribed, fhall, by the Oaths of one or more credible Witnefs or Witnelies, be convicted of having or bearing any Arms, or warlike Weapons, after the Day prefixed in fuch Summons, before any one or more of his Majefty's Juftices of the Peace for the Shire or Stewartry where fuch Of- fender or Offenders fhall refide, or be apprehended, or before the Judge Ordinary, or fuch oilier Perfon or Perfons as his Majefty, his Heirs or Suceeffors fhall appoint, in Manner herein after di- rected, every fuch Perfon or Perfons fo conviclcd, fhall forfeit the Sum of fifteen Pounds Ste ling, Penalty, and fhall be committed to Prifon until Payment of the faid Sum ; and if any Perfo'n or Perfons, con- " vicled as aforefaid, fhall refufe or neglect to make Payment of the forefaid Sum of fifteen Pounds °£ m on -V z y- Sterling, within the Space of one Calendar Month from the Date of fuch Conviction, it fhall and may be lawful to any one or more of his Majefty's Juftices of the Peace, or to the Judge Ordinary of the Place where fuch Offender or Offenders is or are imprifoned, in cafe he or they (hall judge fuch Of- fender or Offenders fit to ferve his Majefty as a Soldier or Soldiers, to caufe him or them to be de- livered over (as they are hereby impowered and required to do) to fuch Officer or Officers belonging ctlg p ei . rons if to the Forces of his Majefty, his Heirs or Suceeffors, who fhall be appointed from time to time to re- f, t , to ferve as ceive fuch Men, to ferve as Soldiers in any of his Majefty's Forces in America; for which Purpofe the Ssidiers in refpective Officers, who fhall receive fuch Men, fhall then caufe the Articles of War againft Mutiny Anurlca - and Defertion to be read to him or them in the Prefence of fuch Juftices of the Peace, or Judge A rtides ofw ' Ordinary, who fhall fo deliver over fuch Men, who fhall caufe an Entry or Memorial thereof to be t0 b'ereadto made, together with the Names of the Perfons fo delivered over, with a Certificate thereof in Wri- them; ting, under his or their Hands, to be delivered to the Officers appointed to receive fuch Men ; and from and after reading of the faid Articles of War, every Perfon fo delivered over to fuch Of- ficer, to ferve as a Soldier as aforefaid, fhall be deemed a lifted Soldier to all Intents and Purpofes, and fhall be fubject to the Difcipline of War ; and in cafe of Defertion, fhall be punifhed as a Deferter; and in cafe fuch Offender or Offenders fhall not be judged fit to ferve his Majefty as if unfit, to be aforefaid, then he or they fhall be imprifoned for the Space of fix Calendar Months, and alfo until he gTi&nths a^'i or they fhall give fufficient Security for his or their good Behaviour for the Space of two Years from ^j E a u/ the giving thereof. II. And be it further enacted by the Authority aforefaid, That all Perfons fummoned to deliver concealing, up their. Arms as aforefaid, who fhall, from and after the Time in fuch Summons prefixed, hide &c. of Arms, or conceal any Arms, or other warlike' Weapons, in any Dwelling-houfe, Barn, Out-houfe, Office, or any other Houfe, or in the Fields, or any other Place whatfoever, and all Perfons who fhall- be acceffary or privy to the hiding or concealing of fuch Arms, and fhall be thereof convicted by the Oaths of one or; more credible Witnefs or Witneffes, before any one or more of his Majefty's Ju- ftices of the Peace, Judge Ordinary, or other Perfon or Perfons authorized by his Majefty in Man- ner above mentioned, -, fhall be liable to be fined by the faid Juftices of the Peace, Judge Ordinary, or other Perfon authorized by his Majefty, before whom he or they fhall be convicted, according tr> - their Difcretion., in any Sum not exceeding one hundred Pounds Sterling, nor under the Sum of p e n-ary. fifteen Pounds Sterling, of lawful Money of Great Britain, and fhall be committed to Prifon until Payment; and if the Perfon fo convicted, being a Man, fhall refufe or neglect to pay the Fine fo m ° nt ( tfrcp^ p . • impofed, within the Space of one Calendar Month from the Date of the faid Conviction, he fhafl, fons/if fit, to in cafe he be judged by any one or more Juftice or Juftices of the Peace, or the Judge Ordinary ferve as Soldiers of the Place where fuch Offender is imprifoned, fit to ferve his Majefty as a Soldier, be delivered" 1 melKa '> over to ferve as a Soldier in his Majefty's Forces in America, in the Manner before directed, witii j refpect to Perfons convicted of having or bearing of Arms; and in cafe fuch Offender fhall not toe tfnot^t, «o. judged fit to ferve his Majefty as aforefaid, then he fhall be imprifoned for the Space of fix Ca- .f*™^'^? tendar Months, and alfo until he fhall give fufficient Security for his good Behaviour, for the Space v cf two Years from the giving thereof; arid if the Perfon convicted mall be a Woman, fhe fhall, alld filld Bal1 - ©ver and above the forefaid- Fine, and Imprifonment till Payment, fuffer Imprifonment for the Space penalty, en W<v of fix Calendar Months, within the Toibootb of the Head Burgh of the Shire or Stewartry within which m '?-'".. i ,- fhe is convicted* Vol. VI. 4 X III. And