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injury, loss, or damage by any of the offences herein

Satisfaction for before mentioned, may sue for and recover satisfaction every suche inius

Tylww obtained. for such injury, at the next assizes for the county where such offence was committed, by exhibiting to the judge or judges of assize his petition praying such satisfaction, and setting forth particularly the jujury done to his person, habitation, property, goods or chattels, and the particular value thereof, by wliat number of persons brę or they believe such injury was done, and of what reli. gion he or they believe, such offender or offenders was or were, with the names and descriptions of such offen, ders as he or they shall know, and such particular de. scriptions of such others of them as hie or they can give; and the matter shall thereupon be exainined by such judge or judges in open court, in the presence of the grand jury, on the oath of the party assaulted or injured, and such other evidence as can be produced touching the said offences; and if such judge of assize shall be of opinion, that the person preferring the petition hath proved the matters aforesaid, and the value of the inju, ry, so as to entitle him to amends, the grand jury shall, pursuant to the direction of the judge, present such suin as the person so injured ought in their opinion to receive; to be raised on the county, barony, town or towns, parish or parishes, in or near which such offence shall have been committed, and in such proportions as they shall think fit; which sạm shall be applotted, levied, and raised, as other public money presented at the assizes, shall be applouted, &c, pursuant to the laws now in force. Provided (s. 9.) that if any person shall find himself aggrieved by any p'esentment to be made in

Traverse of such pursuance of this act, such person (in case the sun

piesentments for presented exceed £5.) may ay said assizes traverse the compensation.

shall be tried at the same, or the next assizes, as the judge shall think fit; and if on such traverse the issue shall be found for the traverser, such presentment shall be discharged, otherwise the same shall be final. But by s. 10. every person applying for such presentment shall, by himself, or by şome person on bis behalf, within 48 hours after

s. 9,

such

same; which

traverse

s. 10.

What notices such injury, or within a reasonable time after he shall required to lay a ground to putin

be at liberty, give notice thereof unto some of the intion for compen- habitants of some town or village near the place where

such fact sliall be committed, aud shall, within 6 days after such fact committed, give notice to the high constable of the barony, and to the church-wardens of the parislı, where such fact shall be alleged to be committed, (if such bigla constable and church-wardens shall reside within such barony and parish) who shall, forthwith, publish the same in the several market towns of such

barony and parish; and also, within 6 days after such Framination

notice, the person so injured shall give his examination umun outh ulso upon oath (or examination upon oath shall be given by Ttquired.

bis servant or famiiy who are in his house, or had tlie care of his habitation, &c.) before some justice of peace of the county inhabiting within the barony where such fact shall be committed, or near to the same, specifying whether he knows the persons who committed such fact,

or any of them; and if upon such examination it shall Recognizance in proxecute of. be confessed that he knows any of such persons, he shall fenders if

be bound by recognizance to prosecute such offender. By s. 11. every presentment by virtue of this act shall be

made at the next assizes after the fact committed, and for diminges shall be read in open court; and shall not be made at uken to be made.

any other assizes, unless such fact shall be committed so near the time of holding such assizes, that due notice cannot be given before the first day of suchi assizes; in which time it shall be lawful to prefer the petition, and obtain such presentment, at the next assizes after such due notice shall be given. By s. 12. no such present

ment shall be removed by certiorari, or the prosecution Preseniments not removed by

otherwise delayed than by such traverse as aforesaid, and Crtvorari; nor that for such time only as shall be necessary for the trial quashed loi want of Juim. of such traverse ; nor shall any such presentinent be

quashed for any defect in forin. And by s. 13. the clerk

of the crown for the county where such presentment Druty of clerk of shall be made, shall make and deliver to any person des

siring the same true copies signed by himn of all such presentments, and of warrants for levying of any money grounded thercon; for each of wbich shall be paid to

the

known,

s. 11.

Preseniments

s. 19.

S. 13.

the coun,

s. 15.

the clerk of the crown, 6il. only. And for preventing the mischiefs berein-before mentioned, this act provides (s. 15.) that it shall be lawful for any justice of the peace, and for all mayors, sheriffs, and chief magistrates of

Magistrates citics and towns corporate, within their jurisdictions, to may searck for

arms of papisls : search for, seize, and carry away, or cause to be searchied for, &c. all arins and ammunition belonging to or in the custody or possession of any papist or reputed papist not duly licensed to keep the same, or in the possession of any person in trust for them, and to enter into any dwelling-house, or other place belonging to such papist, &c. or any other person, where they shall have reasonable cause to suspect any such arms, &c. shall be concealed; and such arms, &c. sliall be preserved for the use of the king, to be disposed of as he shall think fit; unless it shall appear that the same were forcibly taken away from some of his majesty's subjects, in manner herein-before mentioned (s. 4.) in which case such arms shall be delivered to such person ; and in case such justice, &c. after such search, shall have cause to

And cranite suspect that any arms, &c. remain concealed, be shall persons suspecte

ed of concenling cause the

person whom he shall suspect to have conceal- them, upon vah. ed thein, to be brought before him, and to be exanined upon oath concerning the same. Provided (s. 16.) that no person shall be convicted upon any confession he shall

Pivoisa. make upon being examined as aforesaid, nor shall any such examination be given in evidence against him, upless such person shall be indicted for wilful perjury. By s. 17. every person who upon such demand or search made for arms, &c. shall refuse to deliver up the same, and

Punishment of also to declare to such justice of peace, &c. what arms, persons refusing &c. he, or any other to his knowledge, or with his pri- discover arms. vity, hath; or skall hinder or disturb the delivery thereof to the said justice, &c.; and also every person who shall refuse to make discovery upon oath (to be administered by such justice of the peace, &c.) concerning the premises, or, being summoned by writing under the hand of one justice of the peace, or more, (whereof notice in writing to be given to him, or left at bis usual place of abode) shall, without reasonable cause, refuse or neglect to appear before such justice of peace, &c. to be ex

s. 16.

s. 17.

S. 18.

act,

s. 21.

amined as aforesaid, such offender shall be punished by fine and imprisonment, or such corporal punishment of pillory or whipping, as the court shall think proper. By 6. 18. in case any person who shall apprehend, prosecute,

or convict, or who shall use his endeavour to apprehend, Regard in

&c, any person guilty of any of the offences aforesaid, cuses of persons killed or wound- shall be maimed or wounded on account thereof, such ed in apprehending, &c. offend-person shall be entitled to such reward, not exceeding ers against this £50. as the grand jury of the county shall, with the ap

probation of the judge of assize, direct; and in case any person shall be killed in the apprehending, or endeavouring to apprehend any offender against this act, or in making pursuit after him, then the executors, &c, of the person so killed, shall receive such reward (nat exceeding £100.) as the grand jury of such county shall, with the approbation of the judge, appoint; the said rewards to be raised by the presentment of the grand jury of such coulity, and to be applotted, &c. as other public money presented.* By s. 21, every person who

shall by force, violence, or menace, impose or tender Administering enlaufulvaths, any oath on any book, or, in any other manner, any sokow punished.

lemn engagement on or to any person, shall be fined. imprisoned, pillored, or whipped, at the discretion of the judge; and it shall not be necessary in the indictment to set forth the said oath, &c. particularly. By s. 22. every

justice of peace shall bave power to summon any person Justices may on suspicion sum- within his jurisdiction, whom he shall suspect to be capable months and mines of giving material evidence concerning any offence comResses to prose- mitted against this act, and to examine him on oath,

and, if he shall see cause, to bind such person in recognizance to appear and prosecute at the next assizes ; and in case such person shall refuse to submit to such examination, or to enter into such recognizance, it shall be lawful for such justice of peace to commit the person so refusing to the public gaol of the county where he is a justice, until he shall submit to such examination, or enter into such recognizance, or be discharged by due course of law; provided no such examination shall sub

ject By the 26 Gco. 3. c. 24. s. 73, Ir. grand juries, at assizes, are empowered to present any sum not exceeding £20. (to be leried on the county, or aos parish or barony,) for prosecutors of offcuders against 15 & 16 Geo. 3. 4. Ci

8. 22.

cale,

1

3. 24.

ject the party examined to any prosecution or penalty, or be given in evidence against the person so examined, unless such person shall be indicted for wilful perjury in such examination. And by s. 24. if any justice of peace of the county where any offence is committed,

Powers given to happens to be in another county, he, or any justice of

justices in fopeace for such foreign county, may, upon proper in-heign counties. formation, issile his warrant to arrest any person offending against this act; and such person shall be brought before such justice, who is hereby empowered (upon due examination and probable cause) to commit the offender to prison, or to adivit liim to bail, if the offence with which he is charged be a bailable offence, or to discharge him if no sufficient cause for bis detainer shall appear; and such justice of peace shall return all exaininations and recognizances taken and entered into before him, to the next assizes for the county in which such offence is alleged to be committed ; and such justice of peace may be examined on the trial of such offender in the proper county, and sisall attend to give evidence, unless prevented hy some suíficient reason, verified by the aflidar it of the party, or some other credible person, and approved of as a reasonable excuse by the court. Aud hy s. 28. any 2 justices of peace having reasonable cause to suspect any person to be guilty of such unlawful rising or appearing, or of having been in any unlawful assembly Tico justices may as aforesaid, or of intending so to be, may syminon sons suspected of

being guilty of liefore them such person, and bind him over by his recog- underful vising, vizance to appear at the next assizes, or general gaol juem lo uppicar delivery for the county in which he shall reside, to an- at nezi assiães, swer such matters as he shall be charged with, and to be of good behaviour in the mean time; and in case of refusal to appear to enter into security as aforesaid, such justices shall have power, by warrant, to commit such person to the common gaol of the county, until such person shall submit to appear and enter into such security, or until discharged by due course of law. Ey s. 25. nothing herein shall repeal or alter any law now in force relating to the offences aforesaid. And by Proviso. s. 26. nothing herein shall extend to the peaceable meets

$. 28.

summon per

s. 26.

G'c. wul bind

o'c,

S. 25.

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