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cmpowered to search for and seize the same; and every person who shall refuse to be examined upon aatlr, when required by any 2 justices of peace, or by the mayor, or chief officer, of any county, city, or town corporate, concerning the discovery and delivery of such 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 sacha justices, &c.; such person shall forfeit, riz. 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 conmitted) for the 1st offence, 300; and it 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 20 time, being convicted as aforesaid, shall suffer the penalties of a præmunre; and said sums of £300 and £50. shall gu, one moiety to the king, and tlie other to the persons prosecuting such offender to conviction, according to the direction of the justices. Provided (s. 3.) that nothing herein strall subject any papist, &c. to any penalty for concealing arms, &c. who shall voluntarily, before any information given, discover and deliver up all his arms, &e, to some justice of peace or chief magistrate Provided s. 5.

that no person shall be convicted upon this act, upon No person shall be convieted up, any confession or discovery he 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 Those lo be deemed papists

saclı prosecution shall be, shall tender to every such who refuse to

person the oath of abjuration, and the oaths and declatake ikeaalns,

ration in the 7 W. 3. c. 5. supra contained ; and if such person do refuse to take the said oatlis, &c. such refusal shall amount to proof, that such person is a papist, and


s. 3.


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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. yet the person who Dutethet e die ,

dence may shall proscrute may give evidence that such person was given. a papist, &c. By s. 8. if any quaker shall be charged with

any of the offences aforesaid, upon proof that such Proviso as to person is and hath been a quaker, by producing and quakelse 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 whom 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 retura in calendar to the justices at every as- Returns to be sizes, conmission of oyer and terminer, and at every of defaulters in

made by sherifts 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 five 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 pursuant to this act, within one calendar month after his ing. tine in a year's imprisonment shall be expired, whereby the per- year's imprison

month afier the son discovering and convicting such offender may lose ment, discovereto

, 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, who 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 such 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 goo:ls by tories, robbers, or rappareęs. s. 11. the justices of peace for said counties, &c. shall, once in every year, at the midsummer quarter-sessions,

Justices al midt. issue their warrants, signed by the justices who hold said summer sessions sessions, and under the seal of the chairman of such ses

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s. 11.

to issue search arrants.


s. 12.

Book IV. 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 bis 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 bave 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 rot 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 abridge power of any 2 justices of peace within the limits of the power of their jurisdiction, or of the mayors, sheriffs, and chief justices, 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 Nu papist shall or have any warlike stores, sword-blades, barrels, locks,

or stocks of gms or fire-arms; and every papist, &c. so slares, &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 termniner, (or by indictment before the justices of peace at the quarter-sessions for the county of Dublin, or county




S. 14.

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s. 16.

s. 17.

s. 20.

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. where any protestant servant, with the privity of his

Protestant sera master being a papist, &c.shall carry or keep any arms vants of popis la

musters liable in 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

Prosecutions to fence against this act, shall be commenced within one be in a year. year after the offence committed. By s. 17. every person 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 japiste a papist to all purposes of this act. By s. 20. every justice of assize, and oyer and terminer, shall give this act, Jiniges of assixe and the 7 W. 3. c. 5. in charge, as often as they shall-W.3.C.5. charge any grand jury.* The 33 Geo. 3. c. 21. Ir. and this act in

charge to gronal 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 arms, armour, ammunition, or any warlike stores, sword

sing a certain blades, barrels, locks, or stocks of guns, or fire-arms, property, and

taking certain or to exempt such person from any forfeiture or penalty oaths, qualified 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

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Catholics posseso Converts to edu.

13 & 14

to hare arms as

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 arıns 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. cate children

With respect to converts, the 8 Ann. c. 3. s. 12. Ir. prolestants.

provides, that every person that shall be converted from the popish to the protestant religion, and conform himself to the church of Ireland as by law established, 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 conMobiso.

stable, petty constable, tithingman, headborough, overseer of the poor, church-warden, surveyor of the high ways, or any 'lıke 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. I. Se 6.

testants or converts, the 6 Geo. 1. c. 6. Ir. enacts, that s. lo. Ir.

all children of popish parents, who from the age of Children of peo 12 years have been constantly bred up in the protespists when drem. ed protestants tant religion, and have received the sacrament of the


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