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s. 2. Ir.

for acting with

oaths, when to

s. 3.

pertaining to them; and such offices, &c. shall be void; and every person that shall, after such neglect or refusal, execute any of the said offices, &c. after the times expired for taking the said oaths, &c. and being thereupon convicted upon information, presentment, or indictment, in any of her majesty's courts in Dublin, or at the assizes, shall be disabled to sue any action, &c. at law, or to prosecute any suit in equity, or to be guardian of any child, or executor or adurinistrator of any person, or capable of any legacy or deed of gift, or to bear any office within the realm, and shall forfeit £500. to him that shall sue by action of debt, &c. in any of said courts in Dublin. But the 6 Geo. 1. c. 9. Ir. provides, (s. 2.) that 6 Geo. 1. c. 9. no person who shall be admitted into any office, &c. as in the 2 Ann. c. 6. supra is mentioned, shall be prose- Prosecutions cuted upon said act, or any incapacity or penalty be in- against officers curred by reason of the same, unless such prosecution out taking the be commenced within 2 years after such person shall be be, admitted into such office, &c. and such prosecution carried on without delay. And by s. 3. the officer of every court where such oaths shall be taken, shall give to every person taking said oaths, and subscribing said de- Certificate to claration, if thereunto required, a certificate thereof; sons qualifying " which certificate, upon proof being made by one witness' that said certificate was signed by such officer, and was compared with the roll, shall be of the same force, as if the original rolls were produced; for which certificate the officer shall receive 6d. and no more. The 8 Ann. 8 Ann. c. 5. c. 3. s. 23. Ir. also enacts, that it shall be lawful for any 2 justices of peace within any county, county of a city, 2 Justices may or county of a town, by warrant directed to any sheriff, man aged 16 to constable, or other officer, to summon any man of the appear and take age of 16 years, to appear before such justices, and abjuration. take and subscribe the oath of abjuration; and if said person so summoned shall not appear, (not having some lawful impediment) or, appearing, shall refuse to take and subscribe the said oath, being tendered by said justices, penalty for reit shall be lawful for such justices to commit him to the fusing to appeur, common gaol or house of correction, for 3 months, or outh. until he shall take said oath, unless he shall pay down to

the

be given to fur

for offices.

s. 23. Ir.

summon any

the oath of

or to take the

re

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the justice, a sum not exceeding 40s. as the said justices shall require, (which money shall be paid to the church-wardens or overseers of the poor of such place where such offender shall inhabit or reside) and shall be incapable of obtaining or having any license to have arms; and from 3 months after such default or refusal, it shall be lawful for 2 justices to direct their warrant to summon such offender to appear before them to take and subscribe said oath; and if he shall not appear, or shall appear, and upon tender of said oath refuse to take and subscribe the same, it shall be lawful for said jus-: tices to commit the offender to gaol for 6 months, unless he shall pay down a sum not exceeding £10, nor under £5. as the said justices shall require, for the relief of the poor as aforesaid, and be bound with 2 sureties to appear at the next assizes or general gaol delivery for the county wherein such offender shall inhabit or reside, (or at the quarter sessions of the peace in the county of Dublin, and county of the city of Dublin, if he shall be an inhabitant of said county or city,) and in the mean time to be of good behaviour; at, which assizes, &c. the said oath shall be tendered to the offender by the justices of assize in their open assizes, or by the justices of peace at their quarter sessions in the county and county of the city of Dublin; and if the offender shall refuse to take and subscribe the oath, he shall incur the penalties of præmunire in the 16 Ric. 2. c. 5. But with respect to quakers this statute provides (s. 24.) that any quaker producing a certificate under the hands and seals of 6 or more credible men of their society, owning him to be one of them, and 2 of the subscribers appearing · with the person for whom they certify, before any jus tice or magistrate who shall require the same, and he making and subscribing the declaration herein contained (against popery, and of the effect of the old oath of abjuration), shall be exempted from the penalties of this act. 19 & 20 Geo.3. The 19 & 20 Geo. 3. c. 6. Ir. which relieves protestant dissenters from the penalties of the 2 Ann. c. 6. has been Protestant dis already stated (vol. 1. p. 297.) And the exceptions 33 Geo. 3.c.21, made in favor of Roman catholics by the 33 Geo. 3. c. 21.

S. 24

Proviso as to quakers.

e. 6. Ir.

senters.

Ir.

s. 9. Ir,

s. 9. Ir. have been also stated (vol. 1. p. 300.) but this Roman catholics. statute provides (s. 3.) that nothing herein shall repeal or alter any law by which certain qualifications are required to be performed by persons enjoying any offices or places of trust under the king, other than as hereinafter is enacted.

for, and seize

papists.

Incidental to the offence of not taking the oaths to Two just ces the government, is the disability to carry arms; and the &c. may surch 7 W. 3. c. 5. Ir. intitled "An act for better securing the the arms of government, by disarming papists," accordingly enacts, 7 W. 3. c. 3. (in analogy to the 3Jac. 1. c. 5. and 1W.& M. st. 1. c. 15. Ir. ante p. 413. 559.) that it shall be lawful for any 2 justices of peace within their jurisdiction, and all mayors, sheriffs, and chief officers of cities and towns corporate in their liberties, by themselves or by their warrants, to search for and seize all such arms, armour, and ammunition, as shall be concealed in any house, lodging, or other place, where they shall suspect such arms, &c. to be concealed; and such armis, &c. shall by the person so seizing them, be preserved for the use of the king; and the said person shall return a true account thereof Returns the cof to the lord deputy, to the end that the same may be to be made. brought into his majesty's stores. Provided (s. 2.) that r.ọ search shall be made save between the rising and setting of the sun, other than in cities and their suburbs, matte between towns corporate, market towns, and houses of such ci- sun-rising and ties and towns; and in case such justices of peace, &c. after such search made, shall find cause to suspect that any arms, &c. remain concealed, they shall cause such person to be brought before him, and to be examined upon oath.* Provided s. 7. that the chief governor and privy council of this realm, may, by order of privy coun- Proviso as to the cil, license any person to keep such arms as shall be ex-icense of chif pressed in such license; which license shall be granted pcy council. without any fee other than 20s, for the writing thereof. [† By s. 8. no person using the mystery or art of making

any

The clauses §. 3. & 6. of this act are superseded by the 13 Geo. 2. c. 6. S. 2. & 5. post. p. 571. 2.

By the 19 & 20 Geo. 3. c. 19. s. 3. Ir. manufacturers may tale as many apprentices as they please, whether master or apprentice be protestant or papist.

s. 2.

Search to be only

selling.

3. 7.

governor and

5. 8.

tices not to be taken by makers of fire arms, &c.

3.9.

Indentures of

&c. void.

Popish appren- any locks or barrels for guns, musquets, pistols, or other fire-arms, or of making swords, bayonets, skeines, knives, or other weapons, shall take to prentice, or use or instruct as an apprentice, any person of the popish religion, on pain of forfeiting £20. to be recovered by bill, &c. in any court of record; one moiety to the king and the other to the informer. And by s. 9. the indenture of apprenticeship, and all bonds and contracts to be apprenticeship, made or entered into by reason of any person being put to be an apprentice, shall be void; and every person of the popish religion, who shall be put to be an apprentice, and who shall exercise the said art, &c. shall forfeit £20. to be sued for and recovered to the uses before mentioned; and the justices of peace, &c. shall send for all apprentices of such persons exercising said art, and tender to them the oaths of allegiance and supremacy, and the declaration against popery; and the refusal of such person to take said oaths, or subscribe said declaration, shall be a conviction of such persons, as also of the master of such apprentice, unless the master shall prove that such apprentice, at the time of his entering his service, was known or reputed to be of the protestant religion. And by s. 12. every person shall be deemed to be a papist within the meaning of this act, who shall refuse to take the oaths of allegiance and supremacy, deemed papists. and subscribe the declaration against popery herein

Penalty for stich

apprentices ex

sing trade.

9. 12.

Persons refusing the oaths and declaration

mentioned, when the same shall be tendered by any justice of peace; and if any such person shall take the said oaths, and subscribe the said declaration, said justice shall certify under his hand the taking said oaths, and return the said declaration to the quarter-sessions to be recorded. And by s. 13, if any justice of peace, &c. shall neglect or refuse to execute any the powers of this act, he shall forfeit £50, to be recovered in any court of record by bill, plaint, or information, wherein, &c. one forfett £50, and moiety to the king, and the other to him that will sue disabled to uci. for the same; and such offender shall be disabled to act

3. 13.

Magistrales neglecting or refusing to exe

ete this ac,

So much of this statute, and of the 8 Ann. c. 3. Ir. as restrained papists from having horses of £5. value, is repealed by the 21 & 22 Geo. 3. c. 24. s. 12, Ir.

s. 4. Ir.

Ir.

c. 8. supra ex

s. 1. Ir.

Papists within cer and deliver up

what time to discover

arins.

their

as justice of peace, or chief magistrate, in any county, city, or town corporate. The 10 W. 3. c. 8. s. 4. Ir. 10 W. 3. c. 8. further provides, that no papist, or reputed papist, shall be employed as fowler for any protestant, or under co- No papist shall be employed as lour thereof have or use any gun or fire-arms; and if the fowler for any same shall be found in the possession of any papist not protestant. qualified to keep the same, such gun, &c. shall be seized by warrant of any justice of peace of the of the county where the sanie shall be found, and shall, after such seizure, belong to the person giving information touching the same, notwithstanding that sucb gun, &c. did really belong unto some protestant, or other person qualified to keep arms. But the 19 Geo. 2, c. 14. Ir. explains this 19Geo. 2. c.14. act by enacting that notwitstanding said act, protestant subjects may keep and use arms necessary for the de- The 10 W. 3. fence of his majesty, the established government of this plained, kingdom, their persons and properties. By the 13 Geo. 13 Geo. 2. c. 6. 2. c. 6. Ir. all justices of peace, mayors, bailiffs, magistrates, and chief officers of cities and towns corporate, within their respective counties, &c. shall use and exercise all the powers in the 7 W. 3. c. 5. supra; and all papists, or persons by this or any other law declared to be papists, shall, within 14 days after they shall knowingly get or have any arms, armour, or ammunition, discover and deliver up to some justice of peace, &c. of the county, &c. where any such papist, &c. shall dwell, all his arms, &c. that shall be in his hands, or in the custody of any person in trust for him; except such arms as the chief governor and privy council shall by license authorize any papist to have. And by s. 2. every papist, &c. who shall have any arms, &c. not being licensed, or who shall not deliver up the same as aforesaid, and Penalties by this every person who wittingly, willingly, or knowingly, covering or deshall have any arms, &c. to the use of or in trust for any or refusing or papist, &c.; and every person who upon demand or hindering search, search made for arms, &c. according to the direction of to be examined. this and the said former act, shall conceal, refuse, or neglect to discover and give up to the persons authorized by said former act, to search for, &c. the same, all such arms, &c. as he or any person in trust for him shall have, or shall oppose, or in any wise disturb any person so empowered

8. 2.

act for not dis

livering up arms,

or not appearing

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