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empowered to search for and seize the same; and every person who shall refuse to be examined upon oathi, when required by any ? justices of peace, or by the mayor, or chief officer, of any county, city, or town corporate, concerning the discovery and delivery of sach anns, &c. and every person, who being summoured in writing, signed by 2 justices of peace, or by the mayor, &c. of any county, &c. where the person so sunnnoned shall dwell, (whereof notice in writing shall be given to him, or left at bis usual place of abode,) shall, without reasonable cause, refuse or neglect to appear before sacla justices, &c.; such person shall forfeit, tiz. if a peer (being convicted at the assizes, or' at the quartersessions for the county of Dublin, or county of the city of Dublin, where said offences shall be committed) for the 1st offence, £300; and if under the degree of a peer, for the 1st offence, (being convicted as aforesaid) £50. and shall suffer imprisonment for one year, and until he shall have paid said fines; and every person who shall offend a 24 time, being convicted as aforesaid, shall suffer the penalties of a premuntre; and said sums of £300 and £50. shall gv, one moiety to the king, and the other to the persons prosecuting such offender to conviction, according to the direction of the justices. Provided (s. 3.) that nothing frerem shall subject any papist, &c. to any penalty for concealing arms, &c. who shall voluntarily, before any inforination given, discover and deliver up all his arms, &e, to some justice of peace or clief magistrate. Provided s. 5,
that no person sliall be convicted upon this act, upon No person shall be convieted up, any confession or discovery lie shall make being examinon his confes
ed upon oath; nor shall any such examination be given in evidence against the person so examined, unless he be indicted for wilful perjury in such examination. And by s. 6. as often as any person shall be prosecuted for
any the offences aforesaid, the justices, before whom deemed papists
such prosecution shall be, shall tender to every sucla Tahe Tide ellos, person the oath of abjuration, and the oaths and decla
ration in the 7 W. 3. c. 5. supra contained ; and if such person do refuse to take the said oaths, &c. such refusal shall amount to proof, that such person is a papist, and
Those lo be
was so at the time of the offence committed. Provided (s. 7.) that though the person to whom such tender shall be made, shall take said oaths, &c.
Butother ei. yet
the shall prosecute may give evidence that such person was gren. a papist, &c. By s. 8. if any quaker shall be charged with any
of the offences aforesaid, upon proof that such Protiso es to person is and hath been a quaker, by producing and quickelte proving a certificate under the hands and seals of 6 or more credible men of his congregation owning liim for one of them, and 2 of the subscribers appearing before any justices before uliom such quaker shall be tried, such justices shall not tender the oaths, &c. but shall tender to such quaker the declaration provided for quakers by the 8 Aon. c. 3. By s. 9. the sheriffs of every county, shall return in calendar to the justices at every as. Returns tn be
made by sheriffs sizes, conmission of oyer and terminer, and at every of defaulters in quarter sessions in the county of Dublin, and county of not paying fines. the city of Dublin, all persons who have been convicted in pursuance of this act, who have not paid the fine imposed, on pain of forfeiting £10. to be recovered by civil Lill, to the use of the informer. And by s. 10. as often as any person so convicted shall not pay the fine pur. Convict not pay. suant to this act, within one calendar month after his ing tine in a
month after the year's imprisonmeut shall be expired, whereby the per- years imprisonson discovering and convicting such offender may lose won, discorereto the reward, then the person so discovering, &c. shall re- their rezcard. ceive the sum of £10. for every offender so convicted, to be given or distributed according to the direction of the justices before whom such offender shall be convicted; which sun the grand jury, wlio shall present such offender to be insolvent as aforesaid, shall present to be levied on the popish inhabitants of the county, county of the city, or county of the town wherein sucha offender shall be convicted; and the same shall be raised and paid in such manner as money is usually levied upon the county for reimbursing persons robbed of money or goods by tories, robbers, or rapparees. By s. 11. the justices of peace for said counties, &c. shall, once in every year, at the midsummer quarter-sessions,
Justices al mig. issue their warrants, signed by the justices who hold said summer sessiune sessions, and under the seal of the chairman of such ses- variants
to issue search
sions, therein requiring all high and petty constables within their respective baronies, parishes, and divisions, and any 2 other persons in each barony, whom they shall think fit to appoint, to search, according to the direction in the former act, for arms, &c. in the possession or power of all papists, &c.; and the chief magistrate of every city and town corporate, not being a county of a city, or county of a town, or his deputy, shall once in every year issue bis warrant to the constables of such city, &c. to search as aforesaid; and the chief magistrate, or his deputy, neglecting to issue such warrant, shall forfeit £10.; and every high constable neglecting to execute such warrant shall forfeit £5.; and every petty constable so neglecting, &c. shall forfeit 20s. which penalties shall be sued for by civil bill where such chief magistrates, &c. reside, by any person who shall sue for the same, and be recovered with costs of suit. And by s. 12. if any justice shall, (after due information upon
oath shall have been made before him of any arms, &c. Penally for de fault of justices being concealed by, or in the custody of any papist, &c.) in not making
refuse or neglect to search for such arms, &c. within a reasonable time after such information, such justice shall forfeit £20. to be recovered by civil bill as aforesaid.
Provided (s. 13.) that nothing herein shall abridge the Not to abridgc power of any 2 justices of peace within the limits of blue porner of their jurisdiction, or of the mayors, sheriffs, and chief officers of cities officers of cities and towns corporate, to search for and to search for such ums. seize (according to the directions of this act, and of the
7 W. 3. c. 5.) all arms, &c. which shall be in the possession of any papist, &c. or of any person in trust for him, or that shall be concealed in any suspected place. By s. 14. no papist, &c. shall for sale or otherwise keep
or have any warlike stores, sword-blades, barrels, locks, Nu papist shall
or stocks of guns or fire-arms; and every papist, &c. so Hlares, c.
offending, being convicted by indictment before the jusPenalty. tices of assize of the county where the offence shall be
committed, or before the commissioners of oyer and terminer, (or by indictment before the justices of peace at the quarter-sessions for the county of Dublin, or county
of the city of Dublin, if the offence be there committed) shall forfeit £20.; and shall suffer imprisonment for one year, and until he have paid the forfeiture; and the sum so forfeited may be sued for by civil bill, &c. By s. 15. s. 15. where any protestant servant, with the privity of his
Protestant sera master being a papist, &c.shall carry or keep any arms vants of popish,
masters liable to in his custody, such master shall be deemed as if he ac- penalties. tually kept such arms, and shall suffer the penalties by this act inflicted on papists, &c.; and such servant shall be subject to the penalties of this act, as •if he was a papist. By s. 16. all suits and prosecutions for any of- s. 16.
Prosecutions to fence against this act, shall be cominenced within one be in a year. year after the offence committed. By s. 17. every per
$. 17. son professing the protestant religion, who shall educate, Protestants eduor suffer to be educated, any of his children, under the cating children
papists, deemed age of 14 years, in the popish religion, shall be deemed papiste
? a papist to all purposes of this act. By s. 20. every jus
$. 20. tice of assize, and oyer and terminer, shall give this act, Judges of assixe and the 7 W. 3. c. 5. in charge, as often as they shall be the charge any grand jury.* The 33 Geo. 3. c. 21. Ir. and this act in
charge to grawal which repeals all the disabilities of catholics, except as juries. thereby excepted, provides (s. 6.) that nothing herein 33 Geo. 3.c.21. shall authorize any papist, &c. to have or keep any
Catholics possesarms, armour, ammunition, or any warlike stores, sword
sing a certain blades, barrels, locks, or stocks of guns, or fire-arms, property, and or to exempt such person from any forfeiture or penalty oaths, qualified
to have arms as inflicted by any act respecting arms, &c. in the posses. protestants. sion of any papist, or respecting papists having or keeping such warlike stores, save and except papists, &c. seised of a freehold estate of £100. a year, or possessed of a personal estate of £1000. (who are hereby authorized to keep arms and ammunition as protestants now by law may); and also except papists, &c. possessing a freehold estate of £10. yearly value, and less than £100. or a personal estate of £300. and less than £1000. who shall have, at the session of.the peace in the county in which they reside, taken the oatlı prescribed by the
13 & 14
S. 6. Ir.
The 15 & 16 Geo. 3. c. 21. Ir. (commonly called the White Boy Act) conLains other provisions upon this subject, which will be stated in a subsequent chapter.
8 Ang. c. 3. $ 12. Ir.
13 & 14 Geo. 3. c. 35. 'Ir. and also, in open court, swear and subscribe an affidavit, that they are possessed of a freehold estate, yielding a clear yearly profit of £10. or a personal property of £300. above their just debts, specifying therein the name and nature of such freebold, and nature of such personal property, which affidavits shall be preserved by the clerk of the peace, who shall have a fee of 6d. for every such affidavit ; and the person making such affidavit, and possessing such property, may keep and use arins and ammunition, as protestants may, so long as he shall possess a property of the annual value
of £10. iffreehold, or the value of £300. if personal. Converts to edu. cate children
With respect to converts, the 8 Ann. c. 3. s. 12. Ir. proleslants.
provides, that every person that shall be converted from the popish to the protestant religion, and conform bimself to the church of Ireland as by law establislied, and shall have any employment, office, or place of profit or trust, by virtue of any commission, grant, or authority from the crown, or be a member of either house of parliament, or practise as barrister at law, attorney, or solicitor, or officiate as officer in any court, shall cause all his children, under the age of 14 years at the time of
the conversion of such parent, to be educated in the Penalty. protestant religion, and for default thereof such employ
ment, &c. shall be void, and such member of parlia, ment shall be incapable to sit or vote in either house of parliament, and the party offending for ever incapable to hold any employment, &c. under the crown; and every such barrister, attorney, solicitor, and officer, shall
be incapable of practising as barrister, &c. privately or $ 13. publicly, or officiating in any court.
Provided (s. 13.) that nothing herein shall extend to the office of high conProviso.
stable, petty constable, tithingman, headborough, overseer of the poor, church-warden, surveyor of the bigla ways, or any 'like inferior civil office. And to remove the doubts whether the children of popish parents, who
have been bred protestants, are to be reckoned as pro6 Gro. 1. fe 6.
testants or converts, the 6 Geo. 1. c. 6. Ir. enacts, that all children of popish parents, who from the age
of Children of pe• 12 years have been constantly bred up in the protespists when drem ed protestants tant religion, and have received the sacrament of the
S. 16. Ir.