charging the ordinary Bufinefs thereof, at fuch Hours as the faid Special Seffions fhall not be fitting. Witnesses. VIII. And be it further enacted, That it shall be lawful for the Special Seffions faid Court, by Summons under the Hand of One of the Juftices may fummon attending fuch Special Seffions, to fummon any Perfon or Perfons to attend the faid Court of Special Seffions as Witneffes upon the Trial of any fuch Information as aforefaid; which faid Summons, all and every Perfon or Perfons fo fummoned, are hereby required to obey, fubject to fuch Fines, Penalties, Punishments and Forfeitures for Nonattendance as Perfons fummoned or fubpoenaed by any Court of Oyer and Terminer and General Gaol Delivery are fubject and liable to for Nonattendance; and that all Witneffes examined by the faid Court, or by any Juftice upon any Information exhibited to him, fhall be liable to the fame Punishment, Penalties and Forfeitures for Perjury or Falfe Swearing, as Witneffes examined by any Court of Oyer and Terminer and Gaol Delivery are subject and liable to. among Records IX. And be it further enacted, That Copies of all Informations Copies of Inupon Oath, upon which any Perfon or Perfons fhall be tried under formations and this Act, and of all Judgments and Convictions thereupon, fhall, by Convictions filed the Serjeant at Law, or Counfel learned in the Law, fo prefiding of Quarter at fuch Court of Seffion of the Peace, be depofited with or for- Seffions. warded to the Clerk of the Peace of the County for which fuch Court of Special Seffion fhall be held, and fhall be filed among the Records of the Quarter Seffions of fuch County. X. And be it further enacted, That any Magistrate or Peace Found out of Officer may caufe to be apprehended and committed any Perfon who Place of Abode, fhall, within any fuch County or District so proclaimed, be found in brought before the Fields, Streets, Highways or elsewhere, out of his, her or their Magiftrates. Dwelling or Place of Abode, at any time from One Hour after Sunfet until Sun-rife, and fuch Perfon being duly charged therewith on Oath as aforefaid, fhall and may be brought before the faid Special Seffions of the Peace, which fhall inquire into the faid Charge; and In what cafe unless the Perfon accufed can prove to the Satisfaction of fuch deemed idle and Court (taking the Affiftance of a Jury when and fo far only as fuch disorderly. Court hall require the fame) that he or she was out of his or her House upon his or her lawful Occafions, fuch Person shall be deemed an idle and disorderly Perfon. enter Houfes as herein, and abfent Perfons deemed idle and diforderly. XI. And be it further enacted, That it fhall and may be lawful Magiftrates may for any Juftice of the Peace, or any Perfon thereto authorized by the Warrant of any Juftice of the Peace, at any time from One Hour after Sun-fet until Sun-rife, to demand Admiffion; and in cafe Admiffion fhall be refused, or not obtained within a reasonable time after it shall have been firft demanded, to enter by force into any House in any County or District fo proclaimed as aforefaid, from which he shall suspect the Inhabitants, or any of them, to be then absent, and search therein, so as to discover whether the Inhabitants or Inmates, or any of them, be abfent; and if the Inhabitants or Inmates, or any of them, fhall be absent between the faid Hours, any Magiftrate or Peace Officer may cause to be apprehended and committed the Perfon or Perfons fo abfent, who fhall be brought before the faid Court of Special Seffions as aforefaid, and shall be deemed idle and diforderly, unless he, fhe or they can prove to the Satisfaction of the faid Court, with or without the Aid of a Jury 303 аз Provifo. Taking unlawful Oaths deemed idle and diforderly, &c. Having Arms as herein mentioned, deemed idle and diforderly. Found in Public Houfes after certain time, deemed idle and diforderly. Tumultuously af as aforefaid, that he, fhe or they were abfent on his, her or their lawful and proper Occafions: Provided always, that fuch Juftice of the Peace authorizing and directing any Perfon or Perfons to make fuch Search, fhall make a true and faithful Report of the Names of all Perfons fo deputed to make fuch Search, and their Quality and Defcriptions, to the Special Seffions, within the Space of Seven Days after fuch Search. XII. And be it further enacted, That any Person who shall take or enter into any Oath or Engagement declared to be unlawful, or for the taking or entering into which any Penalty or Punishment is impofed by any A&t in force in Ireland, not being compelled thereto by inevitable Neceffity, fhall be deemed an idle and diforderly Perfon: Provided always, that if any Perfon accused of taking or entering into any fuch unlawful Oath or Engagement, fhall be tried for fuch Fact before fuch Court of Special Seffions of the Peace, in the Mode prefcribed by this Act, fuch Perfon fhall not be liable to be again tried or queftioned for the fame Fact or Offence before any other Jurifdiction whatsoever; any thing in any other Act or Acts in force in Ireland to the contrary notwithstanding. XIII. And be it further enacted, That if any Justice of the Peace, or other Perfon authorized by the Warrant of fuch Juftice, fhall, in any fuch proclaimed District, find any Arms or Ammunition, or any Pike, Pikehead, Spear, Dirk or any other offenfive Weapon of any Kind what foever, in the Houfe or Power or Poffeffion of any Perfon what foever, concealed or otherwife, after the Perfon or Perfons inhabiting the faid Houfe, or the Perfon or Perfons who fhall have fuch Arms, Ammunition or Weapon in his or her Poffeffion, fhall have been called upon to deliver up the fame, any fuch Perfon fhall be deemed an idle and diforderly Perfon, unless such Person shall prove to the Satisfaction of the Court of Special Seffions, that fuch Arms, Ammunition or offenfive Weapons as aforefaid, were in his, her or their Houfe, Power or Poffeffion, without his, her or their Knowledge, Privity or Confent. XIV. And be it further enacted, That all Perfons found affembled in any Proclaimed District, in any Houfe licensed or unlicensed, in which Malt Liquors or Spirituous Liquors are fold, not being Inmates thereof, or Travellers, after the Hours of Nine at Night, and before Six in the Morning, fhall be deemed idle and diforderly Perfons. XV. And be it further enacted, That if in any District fo as fembled deemed aforefaid proclaimed, any Perfon fhall unlawfully or tumultuoufly affemble in the Day-time, fuch Perfons and every of them shall be deemed idle and diforderly Perfons. diforderly. Idle and diforderly Perfons punished as herem mentioned. Proceedings of XVI. And be it further enacted, That all Perfons convicted of being fuch idle and diforderly Perfons as aforefaid, fhall be tranfported for Seven Years, by the Order, Judgment and Sentence of the faid Court of Special Seffions of the Peace; and fuch Order, Judgment and Sentence, fhall be of the like Force and Effect, and fhall be forthwith carried into Execution in the fame manner, in all refpects, as if the fame had been the lawful Order, Judgment and Sentence of a Court of Oyer and Terminer, and General Gaol Delivery. XVII. And be it further enacted, That no proceeding of the said Court of Special Seffions, or Judgment or Conviction had or pro nounced nounced by the faid Court, fhall be moved into His Majefty's Court not removed by of King's Bench by any Writ of Certiorari or otherwife, or fhall be Certiorari, &c. examinable, quashed or reversed; but that the Judgments fo had or pronounced by the faid Court, fhall be final and conclufive to all Intents and Purposes whatsoever. XVIII. And be it further enacted, That it fhall and may be lawful for the faid Court, after adjudging any Person to be tranfported as aforefaid, immediately on fuch Adjudication, to order and caufe fuch Perfon fo adjudged, to be tranfmitted out of the County, if fuch Court fhall think proper, to any other Gaol in Ireland, there to remain until he or they fhall be removed and transported pursuant to the said Adjudication. Courts may or-· der Perions adjudged to be tranported, to Gaols out of County. be removed to XIX. And be it further enacted, That all Sheriffs and Gaolers Sheriffs, &c. in Ireland fhall receive and be anfwerable for the fafe keeping of aufwerable for all Perfons fo tranfmitted, and to them refpectively delivered, as if fafe Cuftody of they had been fo delivered for Transportation by Order of the Court of Oyer and Terminer and General Gaol Delivery of the County, Town or City in which the Gaol lies. Prifoners. Hawking, &c. feditious Papers, deemed idle and diforderly. Juftices, &c. may call upon Perfons whofe Arms registered whilft Procla mation is in force, and take Arms, &c. to a Place of Safety, giving Receipts to Owners. XX. And be it further enacted, That if any Perfon fhall hawk or difperfe any Seditious Hand Bill, Paper or Pamphlet, in fuch proclaimed District, fuch Perfon, unlefs he or the fhall discover to the Satisfaction of fuch Court of Special Seffions of the Peace, the Perfon or Perfons from whom he or the received, or by whom he or fhe was employed to fell, hawk or difperfe fuch Paper, fhall be deemed an idle and diforderly Perfon, within the Meaning of this Act, but shall not as fuch be liable to Transportation; but fhall, by Imprisonment. and under the Sentence of the faid Court, be committed to the Gaol of fuch County, for a time not exceeding Twelve Calendar Months. XXI. And be it further enacted, That it fhall and may be lawful for any Two Juftices of the Peace, or any Perfon authorized by Warrant of Two fuch Justices of the Peace, in any District fo proclaimed, and whilft fuch Proclamation fhall remain in force, to call upon every Perfon within fuch District, who fhall have Registered Arms under the Provisions of any Act or Acts of Parliament heretofore made, or hereafter to be made, to produce or account for or deliver up all Arms, Ammunition or offenfive Weapons what foever, which fuch Perfon fhall have in his, her or their Poffeffion; and to enter any Houfe or Place and fearch for Arms and Ammunition, and to take and carry away all Arms and Ammunition, whether fo registered or not, which they may think neceffary to take Poffeffion of, in order to preferve or reftore the public Peace, and to difpofe thereof in a Place or Places of Safety: Provided nevertheless, that the Juftices or other Perfon taking fuch Arms, do, upon Demand, give to the Owner or Poffeffor thereof a Receipt fignifying the Number and Kinds thereof, to the end that when fuch District shall cease to be disturbed, fuch Arms and Ammunition may be restored to the Perfon from whom the fame were taken, if he or she be entitled to receive and keep the fame, or may be otherwife difpofed of as the Law directs: Provided always, that nothing in the foregoing Not to extend to Clause contained, fhall affect any Perfon ferving in His Majefty's Regular or Regular or Militia Forces, or in any Yeomanry Corps, or any Militia Forces, Privy Councillor, or Member of Parliament, or Peace Officer, in or Yeomanry Corps, &c. respect of any Arms that they have in their Cuftody. 304 XXII. And Special Seffions not to take Cognizance of XXII. And be it further enacted, That the faid Court of Special Seffions of the Peace fhall not take Cognizance of any Offence whatany Offence ex-foever, fave only the Offence of being idle and diforderly Perfons cept of idle and under this Act: Provided always, that nothing herein fhall be condiforderly Per- ftrued to take away from fuch Court fuch Powers of fining or im prifoning in a fummary way for Contempts or other Misconduct, or of removing or punishing any Peace Officer or Officers of fuch Court, as are incident to a Court of Oyer and Terminer, and General Gaol Delivery. fons. Juftices to return Information to Seffions. Magiftrates of adjacent Counties may execute Act within Counties of Cities, &c. Powers to Limitation of General Iffue. Treble Cofts. Power to fuggeft on Record that Action was brought for Matter under Act. XXIII. And be it further enacted, That every Justice of the Peace who fhall take any Information against any Perfon or Perfons, for any Offence of which the Cognizance is by this Act given to the faid Court of Special Seffions of the Peace, fhall immediately return every such Information to the Clerk of the Peace of the faid County, who fhall forthwith lay the fame before the faid Court. XXIV. And be it further enacted, That it fhall and may be lawful to and for all Magiftrates of the adjacent Counties at large respectively, to execute this Act within the feveral Counties of Cities, or Counties of Towns in Ireland, except the County of the City of Dublin; and in like manner, that the feveral Magiftrates of fuch Counties of Cities, and Counties of Towns, fhall have like Power to execute this Act in the adjacent Counties at large. XXV. And be it further enacted, That all the Powers and Authorities given to, and all Duties required from Magiftrates of Counties at large, under and by this Act, fhall be and are hereby given to and required from all Magiftrates of Counties of Towns, or Counties of Cities in Ireland. XXVI. And be it further enacted, That if any Action, Suit, Plaint or Information, fhall be commenced or profecuted against any Perfon or Perfons, for what he or they shall do in pursuance and Execution of this Act, the fame fhall be commenced within Six Months after the Offence committed, and fhall be brought or laid within the County where the Act was committed; and fuch Perfon fo fued may plead the General Iffue of Not Guilty, and upon Iffue joined may give this Act and the fpecial Matter in Evidence; and if the Plaintiff or Profecutor fhall become Nonfuit, or forbear Profecution, or fuffer a Difcontinuance, or if a Verdict or Judgment on Demurrer fhall pass against him, the Defendant fhall recover Treble Cofts. XXVII. And Whereas Doubts may arise whether any fuch Action, Suit, Plaint or Information, was fo commenced or profecuted against the Defendant or Defendants therein, for what he or they did in pursuance or Execution of this Act; Be it enacted, That in all cafes where there fhall be a Verdict for the Defendant, if it fhall appear to the Judge or Court before whom the faid Caufe fhall have been tried, that the fame was profecuted for any A&t done in pursuance or Execution of this Act, fuch Judge or Court fhall certify the fame on the Record, and thereupon fuch Treble Cofts fhall be adjudged as aforefaid; and if the Plaintiff or Profe cutor fhall become Nonfuit, or forbear Prosecution, or suffer a Dis continuance, or if Judgment fhall pass against him on Demurrer, it fhall and may be lawful for the Defendant or Defendants, or any of them, to fuggeft on the Record that fuch Action, Suit, Plaint or Information, was brought against fuch Defendant or Defendants for what what he or they did in pursuance or Execution of this Act, which Suggeftion may be traverfed by the Plaintiff, if he fhall think proper fo to do, and Iffue being joined thereupon, the fame fhall be tried at Nifi Prius, according to the ufual Courfe of fuch Court on Iffues joined therein; and if fuch Suggeftion fhall not be traverfed, or, being traversed, the Iffue thereon fhall be found for fuch Defendant or Defendants, he or they fhall thereupon be entitled to his or their Treble Cofts as aforefaid, together with Treble Cofts of the Treble Cofts. faid Suggeftion and of the Proceedings thereon (if any), and if fuch Iffue fhall be found for the faid Plaintiff, he shall be entitled to the Cofts of the faid Suggeftion, and the Proceedings thereon; and the fame shall be set off against the Cofts to be adjudged to the Defendant or Defendants making fuch Suggestion on fuch Action, Plaint or Information, and the Judgment fhall be for the Balance of the faid Cofts, if any. probable Caufe for doing Act, 6d. Damages, and no Cofts. XXVIII. Provided always, and be it further enacted, That when Where Verdict a Verdict fhall be given for the Plaintiff, in any Action to be brought for Plaintiff, if against any Juftice of the Peace, Peace Officer, or other Perfon, for Judge certifies taking or imprisoning, or detaining any Perfon, or for feizing Arms that there was or entering Houfes under Colour of any Authority given by this Act, and it fhall appear to the Judge or Judges before whom the same shall be tried, that there was a probable Caufe for doing the Act complained of in fuch Action, and the Judge or Court fhall certify the fame on Record, then and in that cafe the Plaintiff fhall not be entitled to more than Six pence Damages, nor to any Cofts of Suit: Provided alfo, that where a Verdict fhall be given Where A& for the Plaintiff in any fuch Action as aforefaid, and the Judge or maliciously com❤ Court before whom the Caufe fhall be tried, fhall certify on the mitted. Record, that the Injury for which fuch Action is brought, was wilfully and malicioully committed, the Plaintiff fhall be entitled to Treble Cofts of Suit. Treble Cofts. XXIX. And be it further enacted, That it fhall and may be Lord Lieutenant lawful for the Lord Lieutenant, or other Chief Governor or Gover- may revoke nors of Ireland for the time being, by a new Proclamation, to be Proclamations. made by and with the Advice of the Privy Council in Ireland, to revoke any Proclamation iffued in purfuance of this Act, as to the whole or any Part of the District thereby proclaimed; which new Proclamation fhall be forthwith tranfmitted by the Clerk of the Privy Council to the Clerk of the Peace of fuch County, who shall notify the fame to the faid Court of Seffions of the Peace forthwith, if the faid Court fhall be actually fitting when he fhall receive the fame, and if not, then at the next Sitting of fuch Court, and fuch Court shall thereupon cause the fame to be read in open Court; and on fuch new Proclamation being fo read, the original Proclamation mentioned therein, fhall forthwith ftand and be revoked, fo far as the faid new Proclamation fhall purport to revoke the fame; and if no Part of fuch County fhall then remain proclaimed, fuch Special Seffions of the Peace fhall forthwith cease and determine. XXX. And be it further enacted, That it shall and may be lawful Lord Lieutefor the Lord Lieutenant or other Chief Governor or Governors of nant may order Ireland for the time being, to order fuch Sum or Sums of Money Compenfation to as he or they shall think proper, to be advanced out of the Con- Serjeant at Law folidated Fund, to every fuch Serjeant at Law, Counfel learned in for Trouble. the Law or Affiftant Barrister, or Perfon doing the Duty of such Affiftant |