Selected quad for the lemma: act_n
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A45993
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An act to supply the defects and for the better execution of an act passed this present session of Parliament, entituled, An act for the better suppressing tories, and rapparees, and for preventing robberies, burglaries, and other hainous crimes.
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Ireland.
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1697
(1697)
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Wing I328; ESTC R39294
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5,778
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13
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AN ACT TO Supply the Defects AND For the better Execution of an ACT Passed this present Session of Parliament ENTITULED An Act for the better Suppressing Tories and Rapparees and for preventing Robberies Burglaries and other Hainous Crimes DUBLIN Printed by Andrew Crook Printer to the King 's Most Excellent Majesty on Cork-Hill near Copper-Alley 1697. An ACT to Supply the Defects and for the better Execution of an Act passed this present Session of Parliament Entituled An Act for the better suppressig Tories and Rapparees and for preventing Robberies Burglaries and other hainous Crimes CHAP. XXXIV VVHereas an Act made in this present Session of Parliament Entituled An Act for the better suppressing Tories and Rapparees and for preventing Robberies Burglaries and other hainous Crimes Hath not had it 's due Effect by Reason there is not in the said Act sufficient Provision made for prevention of Murthers and Maims that shall or may be Committed by such Robber Tory or Rappareé As also by Reason of other Defects in the said Act and some Doubts arisen on the same and Difficulties in Prosecution thereof For Remedy therefore of the said Defects Explaining the said Doubts and Rendering the Execution of the said Act more easie Be it Enacted by the King 's Most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled and by the Authority of the same That where any person or persons shall at any time after the Sixth of November One thousand Six hundred Ninety seaven be Murthered Maimed or Dismembred by any Robber Tory or Rappareé and the Offender or Offenders or the Major part of them shall not be Killed or Apprehended and brought before some Iustice of the Peace or other Magistrate within Six Callendary Months next after the committal of such Offence in Order to his or their being Prosecuted for the same according to Law The respective Grand Iuries of the several Counties in this Kingdom where such Fact shall be committed shall and are hereby Required at any Assizes to be held for such County within One Year after such Fact committed to present and charge upon the Popish or Protestant Inhabitants of such County respectively and proportionably according as the Number of such Robbers Tories or Rappareés shall be Papists or reputed Papists or Protestants as is herein after mentioned the Summs following That is to say in Case of Murther such Summ or Summs of Money not exceéding Twenty pounds and in Case of Maim or Dismembering any person such Summ or Summs of Money not exceéding Ten pounds as such Grand Iuries on consideration had of the Quality of the person Murthered Maimed and Dismembered and circumstances of his Family shall think fit such Summ in Case of Murther to be paid to and for the Vse of the Widow and Children of the party Murthered or if he shall not be Marryed at the time of his Death then to the Vse of his Children or other next Relation And in case of Maim or Dismembering of any person then such Summ to be paid to the Vse of the person or persons so Maimed or Dismembered or if he shall Dye before the Recovery thereof then to the Vse of his Widow Children or other Relations respectively as is aforesaid in Case of Murther The said Summ or Summs not be Assets in the hands of such Widow Children or Relations or liable to answer or satisfie any Debt or Debts of the party Deceased which Summ so to be Presented shall be paid by such and born by the persons in manner and according to the proportions following That is to say where such Robbers Tories or Rappareés are or shall be Papists or Reputed of the Popish Religion by the Papists Inhabitants of such County and where such Robbers Tories or Rappareés are or shall be Protestants or Reputed to be of the Protestant Religion by the Protestant Inhabitants of such County and where the said Facts shall be committed by Papists and Protestants then by the Popish and Protestant Inhabitants of such County in such proportion and according to the number of such Papists and Protestants as shall commit the same For the Levying of which Summ such Process in the Nature of an Execution shall Issue on such Presentment against any one or more of the persons chargeable therewith and such Contribution had Taxed and Levyed for his Relief against all the other persons Chargeable therewith as is herein-after Appointed in Case of Satisfaction recovered for Losses or Injuries sufferred by such Robbers Tories and Rappareés And whereas the Method appointed by the said former Act for the person or persons Robbed or Damnified by such Robbers Tories or Rappareés to Recover Satisfaction for such Damage is Tedious Difficult and Chargeable Be it Enacted by the Authority aforesaid That in all Cases where any person or persons is by the former Act Entituled to Recover Amends or Satisfaction for any Loss or Damage Incurred or Sufferred by any Robber Tory or Rappareé such person shall or may pursue his Remedy for Recovery of such Satisfaction or Amends at the next Assizes to be held for the said County where such Offence was Committed before the Iudge or Iudges of Assize and Grand-Iury of the said County to be Impannelled and Sworn at the said Assizes in the Method following That is to say The person or persons so Robbed shall at the said Assizes Exhibit and Deliver to the said Iudge or Iudges of Assizes his or their Petition therein Praying such Satisfaction and shall set forth in such Petition the time and place when and where such Robbery was Committed or other Injury done to him or them the several particular Goods Lost or other particular Damages Sufferred by him or them and the particular Value thereof and by what Number of persons such Robbery was committed or Injury done and of what Religion such Offender or Offenders or any of them were with the Names and Descriptions of such of the said Offenders as he doth know and such particular Descriptions of such others of them as he can give and the said matter shall thereupon be Examined by such Iudge or Iudges of Assizes in open Court in the presence of such Grand-Iury on the Oath of the party Robbed or Injured and such other Evidence as can be produced touching the said Facts according to the nature thereof and the said Grand-Iury shall thereupon and are hereby Required on Consideration of the said Matter amongst themselves to make such Presentment touching the same and of such Summ or Summs of Money as the person or persons so Robbed or Injured by such Offenders ought to have or receive for such Loss Injury or Damage and by what persons whether Papists or Protestants and in what Proportions for each of them the same ought to be paid for which Summ so Presented and Set Process shall Issue in the nature of an Execution against any Inhabitant or Inhabitants of the said County
chargeable therewith and all and every the Inhabitants of the said County who shall by such Presentment be made Chargeable with or Liable to all or any part of the said Damages shall be Rateably and proportionably Taxed for and towards an equal Contribution for relief of such Inhabitant or Inhabitants against whom such Process in the nature of an Execution is had which Tax shall be Made Levied and Raised by such Ways and Means and in such Manner and Form as is prescribed and mentioned in a former Statute Intituled An Act for the following Hue and Cry made in the Tenth and Eleventh Year of the Reign of King Charles the First in this Kingdom Provided always and it is hereby Enacted That if any person or persons shall find him or themselves Agrieved by any Presentment to be made in pursuance of this or the former Act such person or persons in Case the Summ Presented to be Raised do exceéd the Summ of Five pounds shall or may at the said Assizes Traverse the same which Traverse shall be Tryed at the same or the next ensuing Assizes as the Iudge or Iudges who shall allow the same shall think fit And if on such Traverse the Issue shall be found for the Traverser such Presentment shall be Discharged and if the Issue shall thereupon be found against the Traverser he or they so Traversing shall pay to the person or persons on whose behalf the Presentment was made the Summ of Twenty shillings for the Costs of such Traverse and the said Presentment shall thereupon be final and conclusive to all persons Provided further and it is hereby Enacted That where the person or person so Robbed or Injured doth intend to proceéd to recover Satisfaction for the same at any Assizes against the Popish or Protestant Inhabitants of any Barony such person or persons shall leave notice in Writing with the High-Constable of such Barony of such his intentions and against what Inhabitants whether Papists or Protestants by the space of Eight days at least before such Assizes to the end that such High-Constable may give publick notice thereof to the Inhabitants of the said Barony designed to be charged therewith that they may be provided and have an opportunity to bring Evidence for themselves and oppose the making such Presentment or otherwise may Traverse such Presentment after the same is made if they shall think fit And it is hereby further Provided That no such Presentment to be hereafter made shall at any time be removed by Certiorari or the Prosecution thereupon otherwise delay'd then by such Traverse as aforesaid and that for such time only as shall be necessary for the Tryal of such Traverse as aforesaid nor shall any such Presentment be at any time quashed for any Informality Imperfection or Defect in form whatsoever Provided further and it is hereby Enacted That when and as often as any of the Goods for which the party so Robbed hath received Satisfaction by such Presentment as aforesaid shall be discovered so as the same or Satisfaction for them may be recovered the person or persons upon whom the Summ so Presented as aforesaid was Levyed shall have the same and the property thereof is hereby Declared and Enacted to belong unto and be Vested in him or them and he or they shall or may Maintain such Action and pursue such Remedy for the recovery and getting such Goods as the person or persons Robbed might have had or maintained before such Satisfaction received by such Presentment for the same as aforesaid Such Goods nevertheless after the same shall be so gotten or recovered to be Sold for the Most the same will Yeild and the Money made by such Sale after the Charges for the recovery thereof are deducted to be distributed and paid equally and proportionably unto and among the several persons so Taxed towards the payment of the Summ contained in the said Presentment according to each of their said several Taxations towards the relief of the Persons on whom the Summ Presented was Levyed such Sale and Distribution to be Directed Settled and Ordered by the Iustice or Iustices of the Peace Signing such Taxation who are hereby Authorized and Required to Direct Settle and Order the same accordingly And it is hereby further Enacted by the Authority aforesaid That the Clerk of the Crown for the County where such Presentment shall be made shall on request to him made make and deliver to any person or persons desiring the same true Copies Signed by him of all such Presentments hereafter to be made in pursuance of this or the said former Act and of all Warrants or Orders for the Levying of any Money grounded thereupon for each of which there shall be paid to the said Clerk of the Crown the Summ of One shilling only and no more and such Clerk of the Crown is hereby required to make and deliver the same accordingly Provided always That this Act or any thing herein contained shall not extend or be construed to extend to annul or make void any Verdict Iudgment or other Proceédings already had or obtianed in pursuance of the said former Act but that the same shall continue and be as good and effectual to all intents and purposes as if this Act had never beén made any thing herein contained to the contrary thereof in any wise notwithstanding Provided always and it is hereby further Enacted That during the continuance of this and the said former Act no Action or Sute shall be brought or prosecuted for recovery of any Satisfaction or Damages for any Robbery committed or Loss or Injury sustained for which remedy is given by this or the said former Act or any other Law or Statute whatsoever And be it further Enacted by the Authority aforesaid That if any person or persons who already hath or hereafter shall commit any Robbery or Burglary shall while he is at large and before he shall be Apprehended or in Custody for such Offence make Discovery of any Two or more of such Robbers Tories or Rappareés being also at large and not in Custody so as such Two or more Robbers Tories or Rappareés shall thereupon be Apprehended and Convicted for such Offence or shall Kill any Two or more of such Tories or Robbers as shall be Indicted and Proclamed according to the said former Act and be out on their keéping at the time of such their being Killed the person or persons so making such Dâ—scovrry or Killing such Robbers or Tories as aforesaid shall not be proceéded against for any Robbery or Burglary by him or them committed before the making such Discovery or such Killing as aforesaid but shall be Intituled unto and shall have and receive His Majestyâ—s Gracious Pardon for the same which Pardon shall in such Case also be a good Bar to any Appeal to be brought for such Robbery or Burglary and for that it hath and may be doubted whether on the bringing such Proclaimed Tory Rappareé or Robber to the Bar before such Iudge or Iudges as are Impowered to Try and Pass such a Sentence on him it be requisite to give in Evidence against him the Original Presentment made by the Grand-Iury of his being a Tory Rappareé or Robber out on his keéping according to the intent and meaning of the said former Act And also it hath and may be doubted whether the Original Proclamation under the Great Seal grounded on such Presentment must be produced in Evidence against him or whether the Printed Proclamation Reciting such Presentment to be made and returned to the Clerk of the Council of his the said Tories Rappareés or Robbers being so Presented shall be sufficient Evidence at Law wherein to give Iudgment against him For clearing whereof and that for the future so good and necessary a Law for the Quiet and Preservation of His Majesty's good Subjects against such Proclaimed Tories Rappareés and Robbers may not by any such Scruples and Nicities be eluded or the Execution thereof delay'd Be it Enacted by the Authority aforesaid That at all times heareafter during the continuance in Force of this or the said former Act the Printed Proclamation wherein any person is named or mentioned to be Presented by a Grand-Iury of any County in this Kingdom at the General Assizes or quarter-Quarter-Sessions held for the said County to be a Tory Rappareé or Robber out on his Keéping shall be taken deémed and adjudged sufficient Evidence against such Tory Rappareé or Robber Provided That before such Proclamation so given in Evidence the Clerk of the Council for the time being or his Deputy do Certifie under his Hand and Seal on the Back of such Proclamation That he hath such Presentment as by the said Act is required Returned to him and remaining in his Office wherein the said Tory Rapppareé or Robber is by name Presented to be a Tory Rappareé or Robber out on his Keéping by the same Name that he is Named or Stiled in the said Proclamation and that the said Proclamation was grounded thereon and that the Original Proclamation under the Great Seal agreés Verbatim with the Printed Proclamation whereon he has written such his Certificate which Proclamation with such Certificate endorsed thereon the said Clerk of the Council for the time being or his Deputy shall send to the several Clerks of the Crown in this Kingdom without any Feé or Reward And be it further Enacted That this and the former Act shall continue in Force for Seaven Years from the Sixth of November One thousand Six hundred Ninety Seaven and to the end of the next Session of Parliament after the Expiration of the said Seaven Years and no longer FINIS