Persons found unduly out of

the usual manner, for discharging the ordinary Business thereof, at such Hours as the said Special Sessions shall not be sitting. VII. And be it further enacted, That any Magistrate or Peace Officer may cause to be apprehended and committed any Person Place of Abode who shall, within any such County or District so proclaimed, be brought before found in the Fields, Streets, Highways, or elsewhere out of his or Magistrates, if her Dwelling or Place of Abode, at any Time from One Hour after notoutlawfully, Sunset until Sunrise; and such Person, being duly charged there- deemed idle,&c. with on Oath as aforesaid, shall and may be brought before the said Special Sessions of the Peace, which shall inquire into the said Charge, and unless the Person accused can prove, to the Satisfaction of such Court, taking the Assistance of a Jury when and so far only as such Court shall require the same, that he or she was out of his or her House upon his or her lawful Occasions, such Person shall be deemed an idle and disorderly Person.

Absent Persons deemed idle, &c. unless they shew

VIII. And be it further enacted, That it shall and may be lawful Justices, &«. for any Justice of the Peace, or any Person thereto authorized by may enter the Warrant of any Justice of the Peace, at any Time from One Houses, Hour after Sunset until Sunrise, to demand Admission, 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 any House in any County or District so proclaimed as aforesaid, 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 absent; and if the Inhabitants or Inmates, or any of them, be absent between the said Hours, any Magistrate or Peace Officer may cause to be apprehended and committed the Person or Persons so absent, who shall be brought before the said Court of Special Sessions as aforesaid, and shall be deemed idle and disorderly, unless he, she or they can prove to the Satisfaction of the said Court, with or without the Aid of a Jury as aforesaid, that he, she or they were absent on his, her or their lawful and proper Occasions: Provided always, that such Justices to Justice of the Peace, authorizing and directing any Person or Per- report Names sons to make such Search, shall make a true and faithful Report of the Names of all Persons so deputed to make such Search, and their Quality and Descriptions, to the Special Sessions, within the Space of Seven Days after such Search.

the contrary.

of Persons authorized to make Search.

mation con

IX. And be it further enacted, That every Person who shall ad- Persons administer or tender, or take or enter into any Oath or Engagement, ministering or taking importing to bind him or her to be of any Association, BrotherOaths for hood, Committee, Society or Confederacy whatsoever, in reality seditious formed or to be formed for seditious Purposes, or to disturb the Purposes, Public Peace, or to injure the Person or Property of any Person &c. or not or Persons whatsoever, or to do or to omit or refuse to do any giving InforAct or Acts whatsoever, under whatever Name, Description or cerning the Pretence such Association, Brotherhood, Committee, Society or same, deemConfederacy shall assume or pretend to be formed or constituted, ed idle and or any Oath or Engagement importing to bind the Person taking disorderly. the same to obey the Orders or Rules or Commands of any Committee or other Body of Men not lawfully constituted, or of any Captain, Leader or Commander not appointed by or under the Authority of His Majesty, His Heirs and Successors, or to assemble at the Desire or Command of any such Captain, Leader, Commander

B 3

Proviso against double Trials.

Persons circulating Notices to ex

cite Riots, &c.

or demanding Money, &c. deemed idle and disorderly.

Persons having Arms, as herein men

tioned, deemed idle and dis

they prove the contrary,

mander or Committee, or of any Person or Persons not having lawful Authority, or not to inform or give Evidence against any Brother Associate, Confederate or other Person, or not to reveal or discover his or her having taken any illegal Oath, or not to reveal or discover any illegal Act done or to be done, or not to discover any illegal Oath or Engagement which may be administered or tendered to him or her, or the Import thereof, whether such Oath shall be afterwards so administered or tendered or not, or whether he or she shall take such Oath, or enter into such Engagement or not, not being compelled thereto by inevitable Necessity, shall be deemed an idle and disorderly Person: Provided always, that if any Person accused of taking or entering into any such unlawful Oath or Engagement, shall have been tried for such Fact before such Court of Special Sessions of the Peace, in the mode prescribed by this Act, he, she or they shall not be liable to be tried again or questioned for the same Fact or Offence before any other Jurisdiction whatsoever.

X. And it be enacted, That if any Person shall within any proclaimed District, or within any County any Part whereof shall be so proclaimed, print, write, post, publish, circulate, send or deliver, or cause or procure to be printed, written, posted, published, circulated, sent or delivered, any Notice, Letter or Message, exciting or tending to excite any Riot, tumultuous or unlawful Meeting or Assembly, or unlawful Combination or Confederacy, or threatening any Violence, Injury or Damage, upon any Condition, or in any Event or otherwise, to the Person or Property, Real or Personal, of any Person whatever, or demanding any Money, Arms, Weapons or Weapon, Ammunition, or other Matter or Thing whatsoever, every Person so offending shall be deemed and taken to be an idle and disorderly Person.

XI. And be it enacted, That if any Justice of the Peace, or other Person authorized by the Warrant of such Justice, shall, in any such proclaimed District, find any Arms or Ammunition, or any Pike, Pike Head, Spear, Dirk or any other offensive Weapon of orderly, unless any kind whatsoever, in the House or Power or Possession of any Person whatsoever, concealed or otherwise, after the Person or Persons inhabiting the said House, or the Person or Persons who shall have the same so in his or her Possession, shall have been called upon to deliver up the same, any such Person shall be deemed an idle and disorderly Person, unless such Person shall prove to the Satisfaction of the Court of Special Sessions, that such Arins, Ammunition or offensive Weapons as aforesaid, were in his, her or their House, Power or Possession, without his, her or their Knowledge, Privity or Consent.

Persons found

XII. And be it further enacted, That all Persons found assemunduly in bled in any proclaimed District, in any House, licensed or unPublic Houses, licensed, in which Malt Liquors or Spirituous Liquors are sold, not deemed idle, &c. being Inmates thereof, or Travellers, after the Hours at Nine at Night and before Six in the Morning, shall be deemed idle and disorderly Persons.

So Persons tumultuously assembled.

XIII. And be it further enacted, That if in any District so as aforesaid proclaimed, any Persons shall unlawfully or tumultuously assemble in the Day Time, such Persons, and every of them, shall be deemed idle and disorderly Persons.

XIV. And

Years.

XIV. And be it further enacted, That all Persons convicted of Persons con-
being such idle and disorderly Persons as aforesaid, shall be trans- victed of being
ported for Seven Years, by the Order, Judgment and Sentence of idle, &c. trans-
the said Court of Special Sessions of the Peace; and such Order, ported for Seven
Judgment and Sentence shall be of the like force and effect, and
shall be forthwith carried into execution, in the same manner in all
respects as if the same had been the lawful Order, Judgment and
Sentence of a Court of Oyer and Terminer and General Gaol
Delivery.

XV. And be it further enacted, That no Proceeding of the said Proceedings of
Court of Special Sessions, or Judgment or Conviction had or pro- Special Ses-
nounced by the said Court, shall be removed into His Majesty's sions not re-
Court of King's Bench, by any Writ of Certiorari or otherwise, or
shall be examinable, quashed or reversed; but that the Judgment,
so had or pronounced by the said Court, shall be final and con-
clusive to all Intents and Purposes whatsoever.

moved into K.
B. &c.

XVI. And be it further enacted, That it shall and may be law- Persons ad-
ful for the said Court, after adjudging any Person to be transported judged to be
as aforesaid, immediately on such Adjudication to order and cause transported,
such Person so adjudged to be transmitted out of the County, if may be sent to
such Court shall think proper, to any other Gaol in Ireland, there any Gaol in Ire-
to remain until he or they shall be removed and transported pur-
suant to the said Adjudication.

land.

Persons.

XVII. And be it further enacted, That all Sheriffs and Gaolers Sheriffs, &c. an-
in Ireland shall receive and be answerable for the safe Keeping of swerable for
all Persons so transmitted, and to them respectively delivered, as if keeping such
they had been so delivered for Transportation by the Order of the
Court of Oyer and Terminer and General Gaol Delivery of the
County, Town or City in which the Gaol lies.

Persons hawk

not liable to

XVIII. And be it further enacted, That if any Person shall
hawk or disperse any seditious Hand Bill, Paper or Pamphlet in ing seditious
such proclaimed District, such Person, unless he or she shall dis- Papers, deemed
cover, to the Satisfaction of such Court of Special Sessions of the idle, &c. but
Peace, the Person or Persons from whom he or she received, or Transportation.
by whom he or she was employed to sell, hawk or disperse such
Paper, shall be deemed an idle and disorderly Person within the
Meaning of this Act, but shall not as such be liable to Transport-
ation, but shall, by and under the Sentence of the said Court, be
committed to the Gaol of such County for a Time not exceeding
Twelve Calendar Months.

XIX. And be it further enacted, That it shall and may be lawful
for any Two Justices of the Peace, or any Person authorized by
the Warrant of Two such Justices of the Peace, in any District so
proclaimed, and whilst such Proclamation shall remain in force, to
call upon every Person within such District who shall have regis-
tered 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 offensive Weapon whatso-
ever which such Person shall have in his, her or their Possession,
and to enter any House or Place whatsoever and search for Arms
and Ammunition, and to take and carry away all Arms and Ammu-
nition, whether so registered or not, which they may think neces-
sary to take Possession of in order to preserve or restore the
public Peace, and to dispose thereof in a Place or Places of Safety

B 4

Provided

Two Justices,
&c. may call
upon Persons
whose Arms
are registered,
whilst Pro-
clamation is in
force, and take
Place of Safety,
giving Receipts
to the Owners.

Arms, &c. to a

Proviso for
Militia, &c.

Special Sessions

to take Cognizance only of idle and disorderly Persons, &c.

Justices to return Information to Clerks of

Provided nevertheless, that the Justices or other Person taking such Arms do, upon Demand, give to the Owner or Possessor thereof a Receipt, signifying the Number and Kinds thereof, to the End that when such District shall cease to be disturbed, such Arms and Ammunition may be restored to the Person from whom the same were taken, if he or she be entitled to receive and keep the same, or may be otherwise disposed of as the Law directs: Provided always, that nothing in the foregoing Clause contained shall affect any Person serving in His Majesty's Regular or Militia Forces, or in any Yeomanry Corps, or any Privy Councillor, or Member of Parliament, or Peace Officer, in respect of any Arms that they have in their Custody.

XX. And be it enacted, That the said Court of Special Sessions of the Peace shall not take Cognizance of any Offence whatsoever, save only the Offence of being idle and disorderly Persons under this Act: Provided always, that nothing herein shall be construed to take away from such Court such Powers of fining or imprisoning in a summary Way for Contempts or other Misconduct, or of removing or punishing any Peace Officer or Officers of such Court, as are incident to a Court of Oyer and Terminer and General Gaol Delivery.

XXI. And be it enacted, That every Justice of the Peace who shall take any Information against any Person or Persons for any the Peace, &c. Offence of which the Cognizance is by this Act given to the said Court of Special Sessions of the Peace, shall immediately return every such Information to the Clerk of the Peace of the said County, who shall forthwith lay the same before the said Court.

How far Ma

gistrates of adjacent Counties

may execute Act.

Powers to Magistrates of Counties extended.

Limitation of
Actions.

General Issue.

Treble Costs.

XXII. And be it further enacted, That it shall and may be lawful to and for all Magistrates of the adjacent Counties at large respectively to execute this Act within the several Counties of Cities or Counties of Towns in Ireland, except the County of the City of Dublin; and in like manner that the several Magistrates of such Counties of Cities and Counties of Towns shall have like Powers to execute this Act in the adjacent Counties at large.

XXIII. And be it further enacted, That all the Powers and Authorities given to and all Duties required from Magistrates of Counties at large, under and by this Act, shall be and are hereby given to and required from all Magistrates of Counties of Towns or Counties of Cities in Ireland.

XXIV. And be it further enacted, That if any Action, Suit, Plaint or Information shall be commenced or prosecuted against any Person or Persons for what he or they shall do in pursuance and Execution of this Act, the same shall be commenced within Six Months after the Offence committed, and shall be brought or laid within the County where the Act was committed; and such Person so sued may plead the General Issue of Not Guilty, and, upon Issue joined, may give this Act and the Special Matter in Evidence; and if the Plaintiff or Prosecutor shall become nonsuit, or forbear Prosecution, or suffer Discontinuance, or if a Verdict or Judgment on Demurrer shall pass against him, the Defendant shall recover Treble Costs.

6

XXV. And Whereas Doubts may arise whether any such Action, Suit, Plaint or Information was so commenced or pro'secuted against the Defendant or Defendants therein for what

'he

matter under

he or they did in pursuance or execution of this Act;' Be it enacted, That in all cases where there shall be a Verdict for the Power to sugDefendant, if it shall appear to the Judge or Court before whom gest on the Rethe said Cause shall have been tried that the same was prosecuted cord that the for any Act done in pursuance or execution of this Act, such Action was Judge or Court shall certify the same on the Record, and there- brought for upon such Treble Costs shall be adjudged as aforesaid; and if the this Act, &c. Plaintiff or Prosecutor shall become nonsuit, or forbear Prosecution, Treble Costs. or suffer a Discontinuance, or if Judgment shall pass against him on Demurrer, it shall and may be lawful for the Defendant or Defendants, or any of them, to suggest on the Record that such Action, Suit, Plaint or Information was brought against such Defendant or Defendants for what he or they did in pursuance or execution of this Act, which Suggestion may be traversed by the Plaintiff, if he shall think proper so to do, and Issue being joined thereupon, the same shall be tried by Nisi Prius, according to the usual course of such Court on Issues joined therein; and if such Sug- Traverse. gestion shall not be traversed, or being traversed the Issue thereon shall be found for such Defendant or Defendants, he or they shall thereupon be entitled to his or their Treble Costs as Treble Costs. aforesaid, together with the Treble Costs of the said Suggestion and of the Proceedings thereon, (if any); and if such Issue shall be found for the said Plaintiff, he shall be entitled to the Costs of the said Suggestion and the Proceedings thereon, and the same shall be set off against the Costs to be adjudged to the Defendant or Defendants making such Suggestion on the said Action, Plaint or Information; and the Judgment shall be for the Balance of the said Costs, if any.

XXVI. Provided always, and be it further enacted, That when a Verdict shall be given for the Plaintiff in any Action to be brought against any Justice of the Peace, Peace Officer or other Person, for taking, or imprisoning or detaining any Person, or for seizing Arms, or entering Houses, under colour of any Authority given by this Act, and it shall appear to the Judge or Judges before whom the same shall be tried, that there was a probable Cause for doing the Act complained of in such Action, and the Judge or Court shall certify the same on Record, then and in that case the Plaintiff shall not be entitled to more than Six Pence Damages, nor to any Costs

Balance of

Costs.

In what case,
Judge certifies
probable Cause
Act, only 6d.

Damages.

of Suit: Provided also, that where a Verdict shall be given for the Where Act maPlaintiff in any such Act as aforesaid, and the Judge or Court be- licious, Treble fore whom the Cause shall be tried shall certify on the Record that Costs. the Injury for which such Action is brought was wilfully and maliciously committed, the Plaintiff shall be entitled to Treble Costs of Suit.

Lord Lieu

tenant may revoke Proclamations.

XXVII. And be it further enacted, That it shall and may be lawful for the Lord Lieutenant or other Chief Governor or Governors of Ireland for the time being, by a new Proclamation to be made by and with the Advice of the Privy Council of Ireland, to revoke any Proclamation issued in pursuance of this Act, as to the Whole or any Part of the District thereby proclaimed, which new Proclamation shall be forthwith transmitted by the Clerk of New Proclamathe Privy Council to the Clerk of the Peace of such County, who tion transmitshall notify the same to the said Court of Sessions of the Peace forth- ted to Clerk of with, if the said Court shall be actually sitting when he shall receive

the

the Peace.