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The ninth Year of George II.

A.D. 1735

Chap. VI.

An Act for continuing and amending several Statutes now near expiring.


Whereas the several temporary laws and statutes hereinafter mentioned are found by experience to be of general use, and fit to be continued, but are now near expiring: 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 one act of Parliament made in this kingdom in the seventh year of the reign of his late Majesty King William the third, intituled, An act for the better suppressing tories, robbers, and rapparees, and for preventing robberies, burglaries, and other heinous crimes, and also one other act made in the ninth year of the reign of his said late Majesty King William the third, intituled, An act to supply the defects, and for the better execution of an act passed this present session of Parliament, intituled, An act for the better suppressing tories and rapparees, and for preventing robberies, burglaries, and other heinous crimes, and also one other act made in this kingdom in the sixth year of the reign of her late Majesty Queen Anne, intituled, An act for explaining and amending two several acts against tories, robbers, and rapparees, and also so much of one other act made in this kingdom in the fourth year of the reign of his late Majesty King George the first, intituled, An act for reviving, continuing, and


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amending several statutes made in this kingdom, heretofore temporary, as relates to the apprehending and killing proclaimed tories or robbers, so far as the said acts, or any of them, are not altered or changed by an act made in the sixth year of his late Majesty King George the first, intituled, An act for the better and more effectual apprehending and transporting of felons and others, and for continuing and amending several laws made in this kingdom for suppressing tories, robbers, and rapparees, and also one other act made in the eighth year of the reign of his said late Majesty King George the first, intituled, An act for amending an act, intituled, An act for the better and more effectual apprehending and transporting felons and others, and for continuing and amending several laws made in this kingdom for suppressing tories, robbers, and rapparees; and also to prevent the listing of his Majesty's subjects to serve as soldiers in foreign service, without his Majesty's license, as also so much of one other act made in the third year of the reign of his present Majesty, intituled, An act for the more effectual preventing and further punishment of forgery, perjury, and subornation of perjury, and to make it felony to steal bonds, notes, or other securities for payment of money; and for the more effectual transporting felons, vagabonds, and others, as relates to the transporting of felons, vagabonds, and others, and all and every the powers, provisoes, and penalties therein respectively contained, with the alterations and additions made in and by this act, shall continue, and be in full force and effect, until the twenty fifth day of March, which shall be in the year of our Lord one thousand seven hundred and fifty seven, and from thence to the end of the then next session of Parliament.

II. And whereas in and by the aforesaid act, made in the sixth year of the reign of her late Majesty Queen Anne, it is enacted, "That upon the presentment of the grand juries at the assizes, or at the general quarter-session of the peace, of the respective counties of this kingdom, of any loose or idle vagrants, or of such as will not work and betake themselves to an honest livelihood, or of loose person of infamous lives and characters; such person or persons so presented were to be sent to goal, and there to remain without bail or mainprize, until they were sent on board her Majesty's fleet, or to some of her Majesty's plantations in America, unless they give sufficient security to be of the good behaviour;" which power, given to the grand juries at the general quarter-sessions held for the several counties of this kingdom, hath been found to be inconvenient: and whereas there are great numbers of loose idle vagrants, and of loose persons of infamous lives and characters, in the county of the city of Dublin, and county of Dublin, to the disturbance of the peace and


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annoyance of the said counties; for remedy thereof be it enacted by the authority aforesaid, That from and after the tenth day of May one thousand seven hundred and thirty six all loose idle vagrants and such as will not work and betake themselves to an honest livelihood, and all loose person of infamous lives and characters, upon the presentment of the grand juries at his Majesty's court of King's bench, or the grand juries at the session of oyer and terminer and goal-delivery, held in the King's courts after term for the county of the city of Dublin or county of Dublin, who are hereby respectively impowered to make such presentments, shall by the order of the said courts, or upon warrants from any of the judges of the said court of King's bench, or justices of the said courts of oyer and terminer and goal-delivery, or any of them, or of any justice of the peace of the county where such presentment is made, be committed to the county-goal, and there remain without bail or mainprize, until such person or persons shall be sent on board his Majesty's fleet, or to some of his Majesty's plantations in America; and the judges or justices of such courts respectively are hereby authorized to send such persons to his Majesty's said plantations for any term not exceeding seven years, unless they give sufficient security by recognizance to be of good behaviour before the judges or justices of such courts respectively, or before such justice or justices of the peace of the same county, where such presentment is made, and within such time as they the said judges or justices by order of the said courts, made upon such presentment, shall nominate, direct, and appoint; and in case such person or persons so committed to goal shall break goal, or be at large in any part of this kingdom, or shall return from transportation before the expiration of the term, they are respectively ordered to be transported for, such person or persons shall suffer and be subject and liable to the same punishments and penalties, as vagabonds ordered to be transported at the assizes are now subject and liable to by the laws now in force in this kingdom, and shall be triable in the like manner.

III. And be it further enacted by the authority aforesaid, That from and after the said tenth day of May one thousand seven hundred and thirty six it shall not be lawful for the grand jury at any general quarter-sessions of the peace to be held for any county in this kingdom, (the county of the city of Dublin and county of Dublin excepted) to make any such presentments: but that all presentments made by such grand juries (except as before excepted) and all orders and warrants grounded thereon shall be void and of no force; any law to the contrary notwithstanding.


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IV. And whereas a doubt hath been conceived, whether persons so presented by any grand jury can be admitted to traverse such presentments: be it enacted and declared by the authority aforesaid, That it shall and may be lawful to and for every person or persons so presented by any grand jury at the King's bench, the assizes, sessions of oyer and terminer, and goal-delivery aforesaid, and general quarter-sessions of the peace for the county of the city of Dublin and county of Dublin, to traverse such presentment, if he, she, or they shall think fit; which traverse shall be tryed and determined the same term, assizes, sessions of oyer and terminer, and goal-delivery, and general quarter-sessions of the peace in and for the county of the city of Dublin or county of Dublin, in which such presentments are respectively made, in case the persons so presented are then in custody in the goal of the said county, or at the next ensuing term, assizes, session of oyer and terminer, and goal-delivery, and general quarter-sessions of the peace for the counties aforesaid, according to the direction of the judge or justices before whom such presentment shall be made; and in the mean time such person so presented and traversing shall continue in goal without bail or mainprize, unless he or she shall give sufficient security by recognizance to be of good behaviour before such judge, justice or justices, as shall be for that purpose appointed by order of the court, where such presentment is made; and in case the person or persons so presented shall be at large at the time of such presentment, the court shall award process to issue against him, her, or them, and if they or any of them shall be apprehended and taken upon such process, or by warrant from any justice of the peace of the county, where such person or persons shall be so presented, such person or persons so apprehended shall be forthwith committed to goal, there to remain without bail or mainprize till the next term, assizes, session of oyer and terminer, and goal-delivery, or quarterly-sessions of the peace for the county of the city of Dublin or county of Dublin, unless such person or person so taken shall give sufficient security by recognizance to be of good behaviour before such justice or justices of the peace, as the court at the time of awarding process against him, her, or them, shall nominate and appoint for that purpose, and not otherwise; and in case such person or persons so presented and apprehended as aforesaid at the next term, assizes sessions of oyer and terminer, and goal-delivery, or general quarter-sessions of oyer and terminer, and goal-delivery, or general quarter-session of the peace for the county of the city of Dublin, or county of Dublin, shall be found in goal, and cannot then give sufficient security to be of the good


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behaviour, or in case of traverse such traverse shall be found against him, her, or them, that then such person or persons shall be sent on board his Majesty's fleet, or be transported to some of his Majesty's plantations in America.

V. And whereas papists in this kingdom have always in a time of war with any popish state or prince kept private intelligence with them and other enemies of this kingdom; by means whereof several parts of the sea-coasts have been inflicted, and often insulted by privateers, chiefly manned by Irish papists, who have robbed several of his Majesty's faithful subjects of all their substance, by the contrivance of other their popish friends in this kingdom; for preventing thereof, be it enacted by the authority aforesaid, That all such robberies to be committed during the time of such war as aforesaid, and losses sustained thereby, by any person or persons, shall and may be presented at the next general assizes for the county, where such robbery shall be committed, by the grand jury of such county after due notice given thereof according to the laws already in being, in cases where persons are robbed; and after such presentment made such orders shall be made at such assizes for the relief of such person so robbed by privateers as aforesaid, and for the reimbursing them such losses as they shall respectively sustain thereby, and for aplotting and levying the same on the lands, tenements, and hereditaments, goods and chattels of all the popish inhabitants of the county, where such robbery shall be committed, in the same manner as money is to be levied for robberies by tories, robbers, or rapparees, who are papists, by any law now in being.

VI. And be it further enacted by the authority aforesaid, That one act made in this kingdom in the fifth year of the reign of his present Majesty, intituled, An act for the better regulation and government of seamen in the merchants service, be and is hereby further continued to the twenty fifth day of March in the year one thousand seven hundred forty and three, and from thence to the end of the then next session of Parliament.

VII. And whereas by the last mentioned act it is enacted, "That all seamen, leaving their respective ships at their hiring port in this kingdom, shall forfeit one month's pay to be paid to the Blue-coat-hospital;" whereupon a doubt hath been conceived, whether any such person or persons, so absenting themselves from such ship without leave, should incur the above mentioned forfeiture: be it enacted by the authority aforesaid, That all seamen leaving, or absenting themselves from, their respective ships without leave from the merchant, master, or owner of such ship, shall incur the penalties and forfeitures in the said act mentioned; to be levied and applied as therein is directed.

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