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A45993 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. Ireland. 1697 (1697) Wing I328; ESTC R39294 5,778 13

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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 D●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 Majesty●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-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