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5 & 6 W. 4, C. 48.

nant, on presentment of grand jury, may direct

such court to

inhabitants of

9. And whereas infractions of the law and violations of the public peace are frequently contrived and committed by noci turnal assemblies of disorderly persons, and it is, desirable to provide, under proper regulations, some check to such meetings Lord Lieute- be it therefore enacted, that if the grand jury impannelled at any such sessions to be holden under this act, shall make aspręs sentment to the court, that a necessity exists for taking measuresi to suppress nocturnal meetings; such presentment shall be trans issue a notice, mitted by the chairman to the said lord lieutenant, together with enjoining the the opinion of the court thereon; and it shall and maybe there places therein upon lawful for the said lord lieutenant, with the advice of his specified, to majesty's privy council, to authorize and direct such court to issue remain within a notice, enjoining the inhabitants of such county, or any partį their habitations at night. thereof, or of any adjacent county, to be specified therein, to be and remain within their respective lodgings and habitations at all hours between one hour after sunset and sunrise, from and after such day as shall be named and specified therein for that purpose; and warning them that all persons who may be found abroad or absent from their respective habitations during such hours, save upon some lawful and proper occasion, will be liable to be punished as guilty of an offence, under the provisions of this act; and such notice shall be printed and posted on some conspicuous place in each town and village within each barony or half barony of such county, or if the same be a county of a city or town, on the principal places for posting notices within the same.

Any person found abroad in the night,

after such

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10. That any male person, who shall be between one hour after sunset and sunrise, at any time after the day specified vin any such notice, abroad in any field, road, or elsewhere out of his habitation or lodging, within any county or district specified in notice, in any such notice, save upon some lawful and proper occasion, shall place specibe deemed to be guilty of a misdemeanor; and that any magis fied therein, trate or constable of police who shall find any person so abroad, deemed guilty within such hours, and within such county or district, shall, at his discretion, have power and authority to apprebend such per son; and he shall be committed and detained until trial, unless held to bail by some person thereto authorized.

shall be

of a misde

meanor.

Court may

examine on

th, persons

⚫ from

11. [At any time after the day named in the notice, the court may, by warrant signed by the chairman, and countersigned by the clerk of the peace, authorize any magistrate or chief constable of police, at any time, within such hours, and within such county or district, to require any inmate of a house to show himself and on failure for ten minutes, he shall be deemed absent, and his absence certified to the court. Every owner of any such house shall, in twenty-four hours after demand by a magistrate or chief constable, deliver a list of his inmates; penalty, ten shillings, or a week's imprisonment, on summary conviction before a magistrate.]

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12. [The warrant shall be backed, if executed in any county out of the ordinary jurisdiction of the court.]

13. That it shall be lawful for the court to which such certifi cate shall be returned, to summon and require all persons

48.

their dwell.

person con

thereby certified to have been absent from their respetive dwell- 5&6 W. 4, C. ings, to appear before such court, and for such court to examine such persons, or any other person who may be produced before them upon oath as to such absence and the cause thereof and ings, and ifs it shall be proved that any such person was duly required to may imprison appear by the person or persons so authorized as aforesaid, and and fine any ifs any such person so summoned shall not appear before such victed therecourt; sor lif,dupon such examination, the non-compliance of such of person with the demand of the person or persons so authorized as aforesaid shall not be explained to the satisfaction of such court; arifoit shall appear to such court that such person was so absent from his dwelling was aforesaid without some lawful and proper cause vor occasion; such person shall be deemed to be guilty of an offence within this act; and the court shall have power tos convict him summarily thereof, and, in case of a first offence, to commit him to such place of confinement within the county as such court shall think proper, for any period not exceeding one month, or to impose upon him a fine not exceeding ohe pound, or both; and for any subsequent offence, to award a like imprisonment, for a period not exceeding three months, or to impose a fine not exceeding five pounds, or both, and also to order that the party convicted shall give security for his good behaviour for twelve calendar months, or, in default thereof, be liable to an additional imprisonment for any term not exceeding one month. 904. That any person who shall knowingly give false information Misleading or toucany aperson authorized by such warrant; or shall obstruct obstructing any person acting thereunder in the execution thereof, after notification of the object and nature thereof; shall be deemed to be guilty of a misdemeanor.

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16. [The words "lord lieutenant of Ireland,” shall include lords justices, or other chief governor or governors for the time being and county," shall extend to and include any riding, county of a city, county of a town, or city and county'; and see the general rule, post, 362.] ezelne si ba

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O SECTION 4.

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ទេ Making and using Offensive Weapons.
3, sess. 2 2, c. 54, s.
s. 1. Enacts, that every one hav-

$478 Geo.

ing arms, not registered according to the act 36 Geo. 3, c. 20,

shall, at the sessions of the peace next after the passing of this

barony, or

execution of warrant.

arms.

act] respectively deliver, or cause to be delivered, in open Mode of recourt, to the justices then present, a written notification, gistering signed by him or her, specifying therein the place, parish, or townland in which he or she shall be then resident;" а county of a town or city, the parish, townland, or street in which he or she keeps arms, and the place or places where the same are usually kept, and the number and description of such arms, accompanied by an affidavit sworn before some justice of the peace for such county, town, or city," by the person signing such notification, that such notification is true, and that he or she believes that he or she is

C. 54.

47 G. 3, st. 2, by law entitled to keep arms; which notification® and affidavit shall be read aloud in open court; and if the justices stices then present, or the majority of them, shall consider the person delivering such notification to be by law entitled to keep arms, and to be fit and proper person to keep arms, they ey shall thereupon sign and deliver to such person a license, authorizing such person to keep arms, and specifying therein, if they shall think fit, the number and description of arms which such license is to authorize him or her to keep, and shall deliver sach notification, specifying at the foot or back thereof the number and description of arms, if the same shall be specified in the license, to the acting clerk of the peace; who shall register the same in books, (or in a book, if in a county of a town or city,) one whereof to be kept for every barony or half barony in the county, in alphabetical order, with the names and places of abode of every person making such notification, according to their respective baronies or half baronies, where the place of abode shall be specified to be in a barony or half barony; for which no fee or reward whatever shall be received by such clerk of the peace; which book shall be kept by such clerk of the peace at his office in the county, town, or city; and shall, at all seasonable times, be open to the inspection of any justice of the peace of such county, town, or city; and from which every such justice shall be at liberty, from time to time, to make such extracts as he shall deem fit; provided always, that if the majority of the justices so assembled at the sessions of the peace, shall refuse to grant such license to any person who is by law entitled to keep arms, the person, to whom such license is refused, may appeal from the decision of such justices, if in the county of any city or town, to the next quarter sessions of any county at large, adjoining to the county of such city or town; and if in a county at large, then to the following session of the same county.

In case of refusal of jus tices to regis

ter arms, persons aggrieved may appeal.

Justices at quarter sessions may

grant licenses for keeping

arms.

Change of residence

S

2. That it shall be lawful for the justices of the peace, upon an application in writing, signed by any person, for a license to keep arms, specifying in like manner his or her residence, accompanied by an affidavit, sworn by the person signing the application, that he or she believes he or she by law is entitled to keep arms, to sign and deliver, at any sessions of the peace to be held for the county, town, or city, in which such person resides, a license, authorizing such person to keep arms, speci fying therein, if they shall think fit, the number and description of arms which such license is to authorize him or her to keep; which application, with the number and description of arms endorsed thereon, if the same shall be specified in the license, shall be delivered by them to the acting clerk of the peace, who is required to register the same, in like manner as a notification, for which no fee or reward whatsoever shall be received by the clerk of the peace.

3. That whenever any person who shall have obtained any shall be certi- license to keep arms under this act, shall, during the continuance of such license, change his or her place of abode; such person

fied to clerk

f the peace.

C. 54.

shall deliver a certificate of such change, specifying the house to 47 G. 3, st. 2, which such person shall have removed, to the clerk of the peace for the county, town, or city, in which such person was resident at the time of granting such license; and such certificate shall be registered in like manner as the notifications and applications required by this act.

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persons

arms.

4. That any person who shall, after the said sessions of the Penalty on peace for the county, town, or city where he or she shall reside, having unwhich shall be held next after the passing of this act, have in his registered or her custody any arms that shall not have been registered as aforesaid, shall, upon being convicted thereof, on the testimony of two credible witnesses on oath before any magistrate, for the first offence, forfeit the sum of ten pounds, to be levied by sale of the goods and chattels, of such person, by the warrant of such magistrate, or, in default of payment, be imprisoned by such magistrate for the space of two months; and for the second and every other offence, shall forfeit the sum of twenty pounds, to be levied in like manner, or, in default of payment, be imprisoned for the space of four months; and all such arms shall be forfeited to the use of his majesty, his heirs and successors.

5. [Persons licensed shall, when required by any justice of the peace, deliver, on oath, an inventory of their arms.]

Justices may

parties.

6. That it shall and may be lawful for the justices of the peace, withdraw at any sessions, to withdraw any license theretofore given, and licenses, to cause the name of such person, as they in their discretion giving notice shall at such sessions deem an improper person to be intrusted thereof to the with arms, to be erased out of the registry of arms, and cause a notice to be served on such person, or to be posted on his dwelling-house specified in the said registry to be the residence of such person, or, in case of his or her having previously certified to the clerk of the peace of the county that he or she had changed his or her dwelling-house, then on the house to which he shall in such certificate have stated that he or she had removed, signed by any one of the justices of such session, and by the clerk of the peace, under the authority of such justices, or the majority of them in such sessions assembled, that such license is withdrawnej vd cake sund erysil 7. That if any person, on whom such notice shall be served, shall not, within forty-eight hours after service of such notice upon him or her, or at his or her dwelling-house, as aforesaid, deliver to the next resident magistrate, or some neighbouring magistrate, at his place of abode, all such arms as were so registered, or account for the same to the satisfaction of such magis. trate; such person shall be deemed to have in his or her custody arms, that have not been registered; and shall be subject, and liable to the forfeiture and punishment, herein before enacted against such offence; except where it shall appear to the magistrates before whom such offence is prosecuted, that the delay arose from accidental circumstances, and not from wilful ne glect, coman

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Persons, after such liver arms to next justice, nished as for having unregistered

notice, to de

or be pu

arms.

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C. 54.

enter houses

and search for unregistered arms. (a)

47 G. 3, st. 2, 8. That it shall and may be lawful for any justice(b) of the peace, where he shall have reasonable grounds of suspicion, or for any person duly authorized thereto by warrant under the Justices may hands and seals of any two justices of the peace, (which warrant shall not be granted, except on the information given to such justices on the oath of one or more credible witness or witnesses, that, to the best of his or their knowledge or belief, such person is unlawfully in possession of arms,) to search for arms in the house or houses or grounds of any person in Ireland, not having made such notification, or obtained such license as aforesaid, and also in the house or houses or grounds of any person who, having made such notification or obtained such license, shall refuse or neglect, før forty-eight hours, to deliver such list or inventory(c), or who shall have delivered a false list or inventory, or whose license shall have been withdrawn as aforesaid, and in case admission shall be refused, or not obtained within a reasonable time after it shall have been first demanded, to enter by force into every such house, and every part thereof; and if any arms shall be found in the possession of any such person respectively, save in the house of a person giving such list or inventory and if any arms shall be found in the house of such person giving such inventory, and not specified therein, to seize and carry away the same for the use of his majesty. Provided always, that nothing in this act contained shall affect any persons serving in his majesty's regular or militia forces, or in any yeomanry corps, or any privy councillor, or member of parliament, or peace offi cer, in respect to any arms that they may have in their custody. 9. And whereas it is necessary to provide more effectually against the making of pikes, and such like offensive weapons; be it therefore, &c., that no person or persons whatsoever, after the passing of this act, shall exercise the trade of a blacksmith, who shall not have previously registered his name, and the place where his forge is situated, at some sessions of the peace for the district in which such forge is used, and shall also have ob tained a license from the justices at such sessions, authorizing him to use and follow the trade of a blacksmith; which said registry and license is to be made, kept, and granted, in manner and form as the registry of arms, and license for using arms, herein before mentioned.

Proviso.

Blacksmiths shall register their forges.

Sessions may withdraw licenses from blacksmiths

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10. That it shall and may be lawful for the justices of the peace, or the majority of them, at any sessions of the peace, to withdraw such license from any blacksmith, if it shall be satisfacmaking pikes. torily proved on oath to them, that such blacksmith bath made, or knowingly suffered to be made in his forge, any pike or pikehead, after he shall have so obtained a license, and registered his

(a) But see 50 Geo. 3, c. 109, s. 2. Post, 182.
(b) Two justices, by 50 Geo. 3, c. 109, s. 3.
(c) See 50 Geo. 3, c. 109, s. 4. p. 183.

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