[Preamble.]
[Ss. 1–11 rep. 17 & 18 Vict. c. 120. s. 4. S. 2 gave this Act the short title mentioned in the note below. S. 6 provided that all tolls, rates, fees, and payments received by the Trinity House under 6 & 7 Vict. c. lvii; 13 & 14 Vict. c. 93; 14 & 15 Vict. cc. 79, 96. should be carried to one aggregate fund to he called the “Mercantile Marine Fund.”]

Existing debts and liabilities of Trinity House, &c. to be paid out of the Mercantile Marine Fund, &c.                       12. All debts and liabilities which have been duly incurred or undertaken by the Trinity House, the Commissioners of Northern Lighthouses, and the Port of Dublin Corporation respectively, before the passing of this Act, and which are such as if this Act had not been passed, ought to have been paid out of the said tolls and rates, shall be paid or provided for out of the said Mercantile Marine Fund; and all expenses of the Trinity House, the Commissioners of Northern Lighthouses, and the Port of Dublin Corporation, in respect of any charitable or other pensions, superannuations, or other allowances, which have been lawfully granted or allowed by them respectively before the passing of this Act, and which are such as if this Act had not been passed ought to have been paid out of the said tolls and rates, shall be paid out of the said Mercantile Marine Fund during the respective lives or continuance in office of the persons receiving the same, or other periods for which the same may have been granted or allowed; and if it appear that any debts or liabilities so incurred as aforesaid, or any of the expenses in respect of charitable or other pensions, and superannuation or other allowances, are debts, liabilities, or expenses which, if this Act had not been passed, would have been paid partly out of the said tolls and rates and partly from other sources, such part thereof as the Board of Trade shall under the circumstances of the case think just shall be paid out of the said Mercantile Marine Fund; and the Trinity House, the Commissioners of Northern Lighthouses, and the Port of Dublin Corporation respectively shall submit to the Board of Trade statements of all such debts and liabilities, and of all such expenses or parts of expenses in respect of charitable, or other pensions, superannuations, or other allowances, as are to be paid out of the said Mercantile Marine Fund, and also estimates of the sums which may be from time to time required to provide for the same; and no payment in respect of any such debt, liability, or expense shall be made out of the said Mercantile Marine Fund unless provided for by such estimates, and approved by the Board of Trade.

Power to commute pensions and grant superannuation allowances.                                                               13. The Trinity House, the Commissioners of Northern Light-houses, and the Port of Dublin Corporation may from time to time, with the sanction of the Board of Trade, commute any charitable or other pensions or other allowances payable out of the said Mercantile Marine Fund, or grant superannuations or compensations to persons whose salaries may be charged on the said fund, and who may be discharged or may retire, so nevertheless that no superannuation allowance or compensation to any person so discharged or retiring shall exceed the proportion of his salary which might be granted under similar circumstances to a person in the Public Civil Ser vice under the Superannuation Act, 1834, or under any other Act for regulating such superannuation allowances or compensations for the time being in force; and such commutations, superannuations, and compensations shall from time to time be included in the estimates to be submitted as aforesaid, and paid out of the said fund.

4 & 5 Will 4. c. 24.
[Ss. 14–23 rep. 17 & 18 Vict. c. 120. s. 4. S. 16 provided that fees received by the Board of Trade should be applied only in payment for services.]

Dues levied or ships, &c. not to be sold or charged without the consent of the Board of Trade, &c.                           24. No dues, tolls, rates, or charges, of what nature soever, levied or leviable, or hereafter to be levied or leviable, on any ships, or on any goods carried in any ships, in any port of Great Britain or Ireland for any purpose whatever, shall be sold, mortgaged, or charged in any manner or for any purpose without the consent of the Board of Trade first obtained, such consent to be signified by writing under the hand of one of the secretaries or assistant secretaries to such Board; and any sale, mortgage, or charge of any such dues, tolls, rates, or charges made after the passing of this Act without such consent shall be absolutely void, except in the following cases; that is to say, in the case of any sale, mortgage, or charge of any dues, tolls, rates, or charges levied for the use of any dock or other under-taking intended solely for the benefit of shipping, where the monies raised by the sale, mortgage, or charge are to be applied exclusively for the purposes of the undertaking for the use of which such dues, rates, tolls or charges are levied or leviable; in the case of any mortgage or charge made under the authority of any Act of Parliament for the purpose of raising money to pay the costs of any work constructed or duly contracted for before the passing of this Act; and in the case of any mortgage or charge made or continued under any powers of reborrowing or continuing money on mortgage or bond given by any Act of Parliament for the purposes of any work so constructed or contracted for as aforesaid.

Board of Trade accounts.
[Ss. 25–27 rep. 17 & 18 Vict. c. 120. s. 4.]
Money belonging to the general fund under 14 & 15 Vict. c. 102. to be paid into the Exchequer; and property to be sold, &c.  28. All monies which under the Seamen's Fund Winding-up Act, 1851, now are or may hereafter become part of or applicable to the purposes of the general fund therein mentioned, shall be paid into the receipt of her Majesty's Exchequer in such manner as the Treasury may direct; and all property, not being money so forming part of or being applicable to the purposes of the said fund as aforesaid, shall be sold, and the produce thereof shall be paid into the receipt of her Majesty's Exchequer in like manner; and all monies so paid into the receipt of her Majesty's Exchequer shall be carried to and made part of the Consolidated Fund of the United Kingdom.

Provision for expenses charged partly on such general fund and partly on the Consolidated Fund.                              29. The several payments and expenses which by the said Seamen's Fund Winding-up Act, 1851, are charged partly on the said general fund therein mentioned, and partly on the Consolidated Fund of the United Kingdom of Great Britain and Ireland, shall, except as regards the payment to the Seamen's Hospital Society herein-after mentioned, be provided for by annual votes of Parliament.[1]

[Ss. 30–68, and Sched. rep. 17 & 18 Vict. c. 120. s. 4.]
[1 Short Title, given by s. 2, “The Merchant Shipping Law Amendment Act, 1853.”]

[1The Act 14 & 15 Vict. c. 102. contained the following enactments, which were repealed by section 25 of this Act:—
27. The Commissioners of her Majesty's Treasury shall from time to time pay towards the fund, out of the Consolidated Fund of the United Kingdom of Great Britain and Ireland, such sums as may be necessary, in addition to the other sources of the fund, to satisfy the expenditure hereby authorized; and the Board of Trade, with the consent of the said commissioners, may from time to time regulate the proportions in which the deficiency of annual income is to be made good out of the capital of the fund and out of the said Consolidated Fund respectively.
28. Provided that the sum to be contributed from the Consolidated Fund towards defraying the expenditure hereby authorized in any one year shall never be less than one half of the expenditure for such year.

********
51. For the period of seven years from the last day before the passing of this Act on which any quarterly payment has been made to the “Seamen's Hospital Society,” in pursuance of the thirty-second section of the said Act of the fifth year of the reign of King William the Fourth, chapter fifty-two, the Board of Trade may, out of the revenues of the fund, pay to the said society an annual sum, not exceeding in any one year five hundred and fifty pounds, to be applied by the said society according to the directions contained in the Act of the third and fourth years of the reign of King William the Fourth, chapter nine


Riotous assembling of White Boys                                                                                WHEREAS it has frequently happened of late years in different parts of this kingdom, that several persons calling themselves White Boys and others as well by night as in the day time have in a riotous, disorderly, and tumultuous manner assembled together, and have abused and injured the persons, habitations, and properties of many of his Majesty's loyal and faithful subjects, and have taken and carried away their horses and arms, and have compelled them to surrender up, quit, and lease their habitations, farms, and places of abode, and have with threats and violence imposed sundry oaths and solemn declarations contrary to law, and solicited several of his Majesty's subjects by threats and promises to join with them in such their mischievous and iniquitous proceedings, and have also sent threatening and incendiary letters to several persons to the great terror of his Majesty's peaceable subjects, and have taken upon themselves to obstruct the exportation of corn, grain, meal, malt, and flour, and to destroy or damage the same when intended for exportation, and have also destroyed mills, granaries, and storehouses provided for the keeping of corn; which, if not effectually prevented, must become dangerous to the general peace of this kingdom and his Majesty's government therein: and whereas for putting a stop to and punishing such enormous outrages and offences an act passed in this kingdom in the fifth and sixth years of the reign of his present Majesty, entitled, An act to prevent for the future tumultuous risings of persons within this kingdom, and for other purposes therein mentioned; which act hath been from time to time continued and is now in force, but hath been found insufficient for the purposes thereby intended, and for preventing and punishing such wicked and unlawful practices: 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 no person or persons shall be indicted, or suffer any pains or penalties, under the said recited act passed in the fifth and sixth years of his present Majesty's reign, for any offence which shall be committed by him, her, or them from and after the first day of March one thousand seven hundred and seventy six; but that nothing herein contained shall be construed to take away any of the force or effect of said statute, so far as it relates to offences, which have been committed or which shall be committed on or before the said day.

injuring persons and property, taking horses and arms, compelling to quit abode,
imposing oaths and declarations,
threats and incendiary letters,
obstructing export, destroying corn, &c.
dangerous to publick peace,
5 G. 3. c. 8. insufficient,
no indictmen thereon for offence since 1st March 1776,
in force as to former offences.
Persons armed with any offensive weapon, or disguised, or in unusual badge or dress, or denomination, assembling by day or night, a misdemeanor,                                                                                II. And be it further enacted by the authority aforesaid, that if any person or persons from and after the first day of March one thousand seven hundred and seventy six, being armed with any fire arms, firelock, pistol, or any offensive weapon or weapons whatsoever, or having his, her, or their face or faces, body, or bodies, disguised in any manner whatsoever, or wearing any particular badge, dress, or uniform not usually worn by him, her, or them upon his, her, or their lawful occasions, or assuming any particular name or denomination not usually assumed by his Majesty's subjects upon their lawful occasions, shall rise, assemble, or appear by day or by night to the terror of his Majesty's subjects; every person so offending, being thereof lawfully convicted upon indictment, shall be adjudged guilty of an high misdemeanor; and the court, before whom such person or persons shall be tried, shall have power and authority to punish such offender or offenders by fine and imprisonment, and to award pillory, ((a) ) whipping, or other corporal punishment, with security for the future good behaviour of the person or persons so convicted, as in the discretion of the court shall seem meet.

fine, imprisonment, corporal punishment, and security.
If assembling, wilfully shoot at, maim, or disfigure,                                                                                [III.(b) ] And be it enacted by the authority aforesaid, that from and after the first day of March one thousand seven hundred and seventy six if any person or persons rising or assembling in manner herein before mentioned, or in any other manner whatsoever save as hereinafter is declared, shall either by day or by night wilfully or maliciously shoot at, maim, or disfigure any person or persons in any dwelling house or other place, or shall knowingly send any letter with or without any fictitious name or names thereto subscribed, demanding any money, fire arms, ammunition, or other thing or things, or threatening to injure the person or property of any of his Majesty's subjects; or if any person or persons shall by gift, promise, or threats procure any of his Majesty's subjects to join in any of the aforesaid offences, or shall unlawfully compel, or by force, threats, or menaces attempt to compel any of his Majesty's subjects to quit his, her, or their habitation, farm, possession, place of abode, or lawful employment, all and every person and persons so offending, being thereof lawfully convicted, shall be adjudged guilty of felony, and shall suffer death as in cases of felony without benefit of clergy.

send extorting or threatening letters,
procure to join therein, compel to quit abode or employment, or attempt it,
felony, death.
After sunset, or before 6 in forenoon, to assault or injure habitation or property, break into house, &c. open doors by menaces, forcibly take horse, weapon, money, &c. or delivery by threats,                                                                                [IV.((a) )] And be it enacted by the authority aforesaid, that from and after the first day of March one thousand seven hundred and seventy six if any person or persons shall at any time after sun set and before sun rise, or before the hour of six in the forenoon though the sun should be arisen, maliciously assault or in any manner whatsoever maliciously injure the habitation, property, goods, or chattels of any other person or persons, or shall forceably and maliciously break into his, her, or their house, barn, or out house, or shall maliciously cause any door to be open by threats, menaces, or shall forceably take or carry away any horse, gelding, mare, or mule, or any gun, sword, or other offensive weapon, or any money, or goods, or chattels, without the consent of the owner, or shall cause the same, or any of the same, to be delivered to them by threats or menaces, all and every person or persons so offending, being thereof lawfully convicted, shall be adjudged guilty of felony, and shall suffer death as in cases of felony without the benefit of clergy.

felony, death.
Said offences between sunrise and set, fine, imprisonment and corporal punishment.                                                                                V. And be it further enacted by the authority aforesaid, that if any person or persons shall after the hour of six in the forenoon, the sun being risen, and before sun set, commit any of the offences last herein before mentioned, he, she, or they so offending, shall on conviction thereof be punished by fine and imprisonment, pillory, ((b) ) whipping, or such other corporal punishment as the court in their discretion shall think fit to impose.

Magistrates and peace officers, commanding assistance of all of age and ability, may apprehend, disperse, and resist all concerned,                                                                                VI. And be it enacted by the authority aforesaid, that it shall and may be lawful for every justice of the peace, sheriff, under sheriff, mayor, bailiff, or other peace officer, within the limits of his or their respective jurisdictions, taking with them the necessary assistance, (and they are hereby empowered and authorized to command all his Majesty's subjects of age and ability to be assisting therein) to apprehend, disperse, resist, and oppose all persons concerned in any of the unlawful acts before mentioned in this act; and if any person or persons shall happen to be killed, maimed, or hurt, in the apprehending, dispersing, resisting, or opposing any such offenders, then every such justice of the peace, sheriff, or other peace officer, and all and singular persons being aiding and assisting to them or any of them, shall be freed, discharged, and indemnified as well against the king's Majesty, his heirs, and successors, as against all and every other person or persons, or for or concerning the killing, maiming, or hurting any such persons.

indemnified on killing or hurting.
To assist, abet, succour, or knowingly conceal felons,                                                                                [VII. ((a) )] And be it further enacted by the authority aforesaid, that all and every person or persons, who shall from and after the first day of March one thousand seven hundred and seventy six assist, abet, or succour any person or persons to commit any of the offences aforesaid, or shall wilfully and knowingly conceal any person or persons, who have committed any of the offences aforesaid, (for which sentence of death as in cases of felony may be awarded) every person or persons so aiding, assisting, abetting, succouring, or concealing such person or persons, shall on being lawfully convicted thereof be adjudged guilty of felony, and suffer death as in cases of felony without benefit of clergy.

felony, death.
Satisfaction for every such injury,                                                                                VIII. And in order to prevent for the future the several outrages and offences herein before mentioned be it further enacted by the authority aforesaid, that satisfaction and amends may be made in manner herein after mentioned to all and every person and persons, his, her, or their executors or administrators, for all and every injury and damage which shall be done or committed against his, her, or their person or persons, habitations, possession, property, goods, or chattles, by any offender or offenders against this act; and that every person or persons, his, her, or their executors or administrators, who shall sustain any such injury, loss, or damage by any of the offences herein before mentioned, may sue for and recover satisfaction and amends for the injury, loss, or damage, incurred or suffered as aforesaid, at the next assizes to be held for the county where such offence was committed, by exhibiting to the judge or judges of assize, his, her, or their petition, praying such satisfaction and amends for the injury, loss, or damage sustained as aforesaid, and therein setting forth particularly the injury and damage done to his, her, or their person, habitation, property, goods or chattles, and the particular value thereof, by what number of persons he, she, or they believe such injury or damage was done or committed, and of what religion he, she, or they believe such offender or offenders, or any of them, was or were, with the names and descriptions of such of said offenders, as he, she, or they shall know, and such particular descriptions of such others of them as he, she, or they can give; and the matter shall thereupon be examined by such judge or judges of assize in open court in the presence of the grand jury, impannelled and sworn at said assizes, on the oath of the party assaulted or injured as aforesaid, and such other evidence as can be produced touching the said offences, according to the nature thereof; and if on consideration of the matter such judge or judges of assize shall be of opinion, that the person or persons preferring such petition hath or have fully proved the several matters aforesaid, and the value of the injury or damage sustained as aforesaid, so as to intitle him, her, or them to satisfaction and amends, the said grand jury shall thereupon, and they are hereby required, pursuant to the direction of such judge or judges of assize as aforesaid, to present such sum or sums of money, as the person or persons so assaulted or injured in his, her, or their person, habitation, possession, property, goods, or chattles, ought in their opinion to have and receive for the loss, injury, or damage by him, her, or them sustained as aforesaid, to be raised either on the county, barony, town or towns, parish or parishes, in or near which such offence shall have been committed, and in such proportions as they shall think fit; which sum so presented as aforesaid shall be applotted, levied, and raised by such ways and means, and in such manner and form, as other publick money presented at the assizes shall be applotted, levied, and raised within such county pursuant to the laws now in force.

on petition next assizes, setting forth the injury, value, by what number and religion, names, and descriptions of offenders,
examined in court before grand jury, on party's oath and other evidence, if proved, presented on the county, barony, towns, or parishes, in or near which offence committed, in proportion,
raised as other publick money, extended to other injuries 19 & 20 G. 3. c. 19. s. 6.

Traverse if presentment above 5l.                                                                                IX. Provided, that if any person or persons shall find himself, herself, or themselves aggrieved by any presentment to be made in pursuance of this act, such person or persons, in case the sum presented to be raised do exceed the sum of five pounds, shall or may at the said assizes traverse the same; which traverse shall be tried at the same or the next ensuing assizes, as the judge or judges, 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, otherwise the same shall be final and conclusive to all persons.

tried the same or next assizes,
final.
Notice of damage in 48 hours, or reasonable time, to town or village near,                                                                                X. Provided always, that every person or persons applying for such presentment shall by himself, herself, or themselves, or by some person or persons for and on his, her, or their behalf, shall within forty eight hours after such injury and damage done or committed as aforesaid, or within a reasonable time after he, she, or they shall be at liberty, give notice thereof unto some of the inhabitants of some town or village near unto the place, where such fact shall be committed, and shall within six days after such fact committed give notice to the high constable of the barony, and to the church wardens of the parish, where such fact shall be alledged to have been committed (if such high constable and church wardens shall respectively reside within such barony and parish) who are hereby required forthwith to publish the same in the several market towns of the barony and parish, where such fact shall be so alledged to have been committed; and that also within six days after such notice, so given as aforesaid, either the person or persons so injured shall give his, her, or their examination upon oath, or that examination upon oath shall be given by his, her, or their servant or servants, or family, who are in his, her, or their house, or who had the care of his, her, or their habitation, possession, property, goods, or chattles, before some justice of the peace of the county inhabiting within the barony where such fact shall be committed, or near unto the same, thereby specifying whether he, she, or they do know the person or persons, who committed such fact, or any of them; and if upon such examination it shall be confessed, that he, she, or they do know the person or persons, who committed the said fact, or any of them, that then he, she, or they shall be bound by recognizance to prosecute such offender or offenders by indictment or otherwise according to the laws of this kingdom.

and in 6 days to high constable and church wardens, if resident, published in market towns,
in 6 days after notice examination of the party servants, or family on oath before a justice in or near the barony, as to knowledge of offenders,
if known, recognizance to prosecute.
Presentment next assizes, read in court, if too near,                                                                                XI. Provided also, that every presentment, to be hereafter made by virtue of this act, shall be made at the next assizes after the fact committed, and shall be read in open court; and shall not be made at any other assizes, unless such fact shall be committed so near the time of holding such assizes, that due notice cannot be given before the first day of such assizes according to the direction of this act; in which case it shall and may be lawful for the person or persons, who shall have sustained such injury or damage, to prefer his, her, or their petition, and to obtain such presentment, at the next ensuing assizes after such due notice shall be given as aforesaid.

at ensuing assizes after due notice.
Not removed by certiorari, nor delayed, save for trial of traverse,                                                                                XII. Provided also, that no such presentment shall at any time be removed by certiorari, or the prosecution thereupon otherwise delayed than by such traverse as aforesaid, and that for such time only as shall be necessary for the trial of such traverse; nor shall any such presentment be at any time quashed for any informality, imperfection, or defect in form whatsoever.

nor quashed for informality.
Crown clerk to deliver copies of presentments and warrants,                                                                                XIII. And be it 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, and of warrants for levying of any money grounded thereupon; for each of which there shall be paid to the said clerk of the crown the sum of six pence only, and no more; and such clerk of the crown is hereby required to make and deliver the same accordingly.

fee 6d.
Offences against 5 G. 8. c. 3. (unless indicted or in custody, or for murder or arson, maiming or disfiguring) pardoned on surrender by 1st Aug. 1776, and recognizance with sureties 7 years.                                                                                XIV. And be it further enacted by the authority aforesaid, that all and every person and persons, who hath or have been guilty before the first day of December one thousand seven hundred and seventy five of any of the offences created by the aforesaid act passed in the fifth and sixth years of his present Majesty's reign, (other than such as are indicted, or in actual and lawful custody for the same, and other than such person or persons who hath or have been guilty of murder, or been guilty of burning houses, corn, or hay; or who hath or have been guilty of maiming or disfiguring of any person) shall by virtue of this act be pardoned, acquitted, and discharged of the same; provided such person or persons shall on or before the first day of August one thousand seven hundred and seventy six surrender him, her, or themselves to any of the justices of his Majesty's court of king's bench, or to any one or more of his Majesty's justices of the peace in and for the county where he, she, or they did commit such offence or offences, and shall enter into a recognizance, with sureties, to keep the peace and be of good behaviour for the term of seven years; which recognizance shall be returned by such justice to the next assizes, and shall there remain among the records of the county.

Magistrates may by night or day search and seize arms or ammunition of papists, or so reputed, not licenced, or in trust for them,                                                                                [XV. ((a) )] And whereas notwithstanding the laws now in being for the better securing the government by disarming papists there is good reason to suspect, that several persons contrary to the true intent and meaning of said laws have arms and ammunition in their custody and power; by means whereof many of the mischiefs herein before mentioned have happened: be it enacted by the authority aforesaid, that from and after the first day of March one thousand seven hundred and seventy six it shall and may be lawful for any one or more justice or justices of the peace, and for all mayors, sheriffs, and chief magistrates of cities and towns corporate, within their respective jurisdictions, from time to time, as well by night as by day, to search for, seize, and carry away, or cause to be searched for, seized, and carried away, all arms and ammunition whatsoever, belonging to or in the custody or possession of any papist or reputed papist, not duly licenced to keep and carry the same, or in the hands or possession of any person or persons in trust for them or any of them, and for that purpose to enter into any dwelling-house, outhouse, office, field, or other place belonging to such papist, or reputed papist, and into the dwelling-house, outhouse, office, field, or other place belonging to any other person whatsoever, where he or they shall have reasonable cause to suspect, any such arms or ammunition shall be concealed; and such arms and ammunition, so taken and seized shall by the person or persons so seizing and taking the same be preserved for the use of his Majesty, his heirs and successors, to be disposed of as he or they shall think fit; unless it shall appear, that the same were forceably taken and carried away from some of his Majesty's subjects in manner herein before mentioned; in which case such arms and ammunition shall be delivered to the person or persons, from whom the same were so forceably taken; and in case any such justice or justices of the peace, or other chief magistrate aforesaid, after such search made shall have cause to suspect, that any arms or ammunition remain concealed and not seized as aforesaid, he and they is and are hereby required to cause such person or persons, whom he or they shall suspect to have concealed the same, to be brought before him and them, and to be examined upon his, her, or their corporal oath concerning the same.

enter houses, &c. on reasonable suspicion of concealment,
preserved for the King's use,
if taken by force as aforesaid, redelivered,
on suspicion of concealment shall summon and examine on oath.

No penalty on such discovery, nor examination evidence, unless perjury.                                                                                XVI. Provided always, that no person shall be convicted or incur any penalty for any offence upon any confession or discovery, he or she shall make on being examined upon oath as aforesaid, nor shall any such examination be given in evidence against the person so examined, unless such person shall be indicted for having committed wilful perjury in such examination.

Refusing to deliver or declare such arms, as they or any with their privity have,                                                                                [XVII. ((a) )] And be it further enacted by the authority aforesaid, that every such person or persons, who upon demand or search made for such arms or ammunition as aforesaid shall refuse to deliver up the same as aforesaid, and also to declare and manifest to the justice or justices of the peace, mayor, sheriffs, or other chief magistrates aforesaid, what arms and ammunition he, she, or they, or any other to his, her, or their knowledge, or with his, her, or their privity, have, or shall hinder or disturb the delivery thereof to the said justice or justices of the peace, or other chief magistrate as aforesaid; and also every person and persons, who shall refuse to make discovery upon his, her, or their oath, to be administered by such justice or justices of the peace or other chief magistrate aforesaid, concerning the premises aforesaid, or being summoned by writing under the hand of one or more justice or justices of the peace, whereof notice in writing to be given to him or her, or left at his or her usual place of abode, shall without reasonable cause refuse or neglect to appear before such justice or justices of the peace, or other chief magistrate as aforesaid, to be examined as aforesaid, every such person or persons so offending shall, on being lawfully convicted thereof, be punished by fine and imprisonment, or such corporal punishment of pillory or whipping, as the court, before whom such person or persons shall be tried, shall in their discretion think proper.

or hindering,
or refusing discovery, on oath, or, on summons, to appear without cause,
fine and imprisonment or corporal punishment.
Reward not above 50l. approved by the judge, to persons maimed or wounded in prosecuting,                                                                                XVIII. And be it further enacted by the authority aforesaid, that in case any person or persons, who shall apprehend, take, prosecute, or convict, or who shall use his, her, or their endeavours to apprehend, take, prosecute, or convict, any person or persons guilty of any of the offences aforesaid, shall happen to be maimed or wounded for or on account thereof, such person or persons, so maimed or wounded as aforesaid, shall be entitled to such reward, not exceeding the sum of fifty pounds, as the grand jury of the county aforesaid shall with the approbation of the judge or judges of assize direct and appoint; and in case any person or persons shall happen to be killed in the apprehending and taking, or endeavouring to apprehend and take, any offender or offenders against this act, or in making pursuit after him, her, or them, that then the executors or administrators of the person or persons, to whom the right of administration of the personal estate of such person or persons so killed shall belong, shall be entitled to and receive such reward, not exceeding the sum of one hundred pounds, as the grand jury of the county aforesaid shall with the approbation of the judge or judges of assize direct and appoint; the said last mentioned rewards to be also raised by the presentment of the grand jury of such county, where such fact shall be committed, and to be applotted, levied, and raised in such manner as other publick money presented at the assizes shall be raised, applotted, and levied.

not above 100l. to executors or administrators of those killed,
by presentment as publick money.
Breaking gaol to rescue themselves or others, tho' not capital offenders,                                                                                [XIX.((a) )] And whereas the gaols in this kingdom have of late been frequently broke open, and the prisoners confined therein set at large: be it enacted by the authority aforesaid, that from and after the passing of this act every person or persons, who shall by force or violence break open any gaol or prison with an intention to rescue and enlarge him, her, or themselves, or any other prisoner or prisoners therein confined on account of any offence, though the same be not capital, all and every person or persons, who shall commit such offence, and shall be found guilty thereof, shall suffer death as in cases of felony without benefit of clergy, and shall and may be tried before the trial or attainder of the person or persons so enlarged, any law or statute to the contrary in any wise notwithstanding.

felony, death, tried before those enlarged.
amended 17 & 18 G. 3. c. 36. s. 7, 8.
Rescuing before imprisonment capital offenders committed,                                                                                [XX. ((a) )] And be it further enacted by the authority aforesaid, that every person, who shall rescue any person committed by a justice of the peace on a mittimus for treason, felony, or any of the offences herein before mentioned punishable with death, from a constable, or any person legally authorized for that purpose, before the person or persons so committed shall be lodged in gaol, shall, on being convicted and found guilty thereof, suffer death as in cases of felony without benefit of clergy.

felony, death.
Imposing oath or solemn engagement, fine, imprisonment, pillory, or whipping,                                                                                XXI. And be it further enacted by the authority aforesaid, that all and every person or persons, who shall by force, violence, or menace unlawfully impose or tender any oath or oaths on any book or in any other manner any solemn engagement on or to any person or persons, shall on conviction thereof be fined, imprisoned, pilloried,((b) ) or whipped, according to the discretion of the judge, before whom he or they shall be so convicted; and that it shall not be necessary in any indictment for said offence to set forth the said oath or oaths or solemn engagements particularly.

not set forth in indictment.
Justices may on suspicion summon evidence, examine on oath, and bind in recognizance to prosecute,                                                                                XXII. And be it further enacted by the authority aforesaid that all and every justice of the peace in this kingdom shall have full power and authority to summon any person or persons within his jurisdiction, whom he shall have cause to suspect to be capable of giving material evidence concerning any offence or offences committed against this act, and to examine him, her, or them relative thereto on his, her, or their oath or oaths, concerning any of the offences aforesaid, and, if he shall see cause, to bind such person or persons in recognizance to appear and prosecute at the next assizes; and in case such person or persons, who shall be summoned for that purpose, shall refuse to submit to such examination, or to enter into such recognizance, it shall and may be lawful to and for such justice of the peace to commit the person or persons so refusing to the publick gaol of the county, where he is a justice of the peace, until he, she, or they shall submit to such examination, or enter into such recognizance, or be discharged by due course of law; provided no such examination shall subject the party examined to any prosecution or penalty whatsoever, or be permitted to be given in evidence against the person so examined, unless such person shall be indicted for having committed wilful perjury in such examination.

and on refusal imprison,
not evidence against examinant, unless perjury.
Signals to encourage such meetings, misdemeanor, all accessaries tried, tho’ principals not taken.                                                                                XXIII. And be it further enacted by the authority aforesaid, that every person, who by sound of drum, horn, musick, fire, shouting, or other signal, shall knowingly excite, encourage, or promote such unlawful meetings as aforesaid, shall be adjudged guilty of an high misdemeanor; and that all accessaries before and after any of the offences aforesaid shall and may be tried and convicted, although the principal or principals be not taken or convicted.

A justice in foreign county may issue warrant, commit, bail, or discharge,                                                                                XXIV. And to prevent any defect in the execution of this act be it further enacted by the authority aforesaid, that if any justice of the peace of the county, where any offence is committed, happens to be in another county, he, or any justice of the peace for such foreign county, may upon proper information issue his or their warrant to arrest any person offending against this act; and the person arrested shall be brought before such justice of the peace; who is hereby empowered upon due examination and probable cause appearing to him or them either to commit the offender to prison, or to admit him to bail, if the offence, with which he is charged, be a bailable offence, or to discharge him if no sufficient cause for his detainer shall appear; and that such justice of the peace shall return all examinations and recognizances, taken by or entered into before him, to the next assizes to be held for the county, in which such offence is alleged to have been committed; and such justice of the peace shall or may be examined on the trial of such offender in the proper county; and he shall and is hereby required to attend and give evidence on such trial, unless prevented by some sufficient reason, verified by the affidavit of the party, or some other credible person, and approved of as a reasonable excuse by the court.

return examinations and recognizances next assizes where offence,
examined on trial,
attend and give evidence, unless cause by affidavit.
Former laws as to said offences not repealed.                                                                                XXV. Provided always, and be it further enacted by the authority aforesaid, that nothing herein contained shall be construed in any sort to repeal or alter (save as herein before mentioned) any act of parliament or law now in force relating to the offences herein before mentioned; but that such acts and law or laws (save as aforesaid) shall remain in full force, as if this act had never been made.

Peaceable meetings, or at fair or market, or innocent sports, excepted.                                                                                XXVI. Provided, that nothing herein contained shall extend, or be construed to extend, to the peaceable meetings of any number of persons for their lawful occasions, or at any fair or market or reputed fair or market, or any customary assembly for innocent sports or recreation, not prohibited by or contrary to any law now in force.

Read in court 2d day every assizes, 1st of sessions.                                                                                XXVII. And be it further enacted by the authority aforesaid, that every clause herein contained shall be read publickly in open court on the second day of every assizes, and the first day of every quarter sessions of the peace, in every county of this kingdom.

2 justices shall summon persons suspected guilty of such rising or assembling, or so intending,                                                                                XXVIII. And be it further enacted by the authority aforesaid, that any two or more justices of the peace, having reasonable cause to suspect any person or persons guilty of any such unlawful rising, assembling, or appearing as aforesaid, or of having been in any unlawful assembly to the terror of his Majesty's subjects as aforesaid, or of intending so to be, may summon, and they are hereby required to summon, before them the person or persons so suspected to be guilty, and bind him, her, or them over by his, her, or their own recognizance to appear at the next ensuing assizes, or general gaol delivery to be held for the county, in which he, she, or they shall reside, to answer such matters as he, she, or they shall then be charged with, and to be of good behaviour in the mean time; and in case of refusal to appear to enter into security as aforesaid, that then such justices of the peace shall have power by warrant under their hands and seals to commit every such person or persons to the common gaol of the county, there to remain until such person or persons shall submit to appear and enter into such security as aforesaid, or until discharged by due course of law.

and bind to appear and answer next assizes,                                                                                XXIX. And whereas it is intended, that this law shall be in force no longer, than publick necessity shall require: be it further enacted by the authority aforesaid, that this act shall continue in force to the twenty fourth day of June one thousand seven hundred and seventy eight, and no longer.

and to good behaviour,
and imprisonment on refusal.
In force no longer than publick necessity: continued to 24 June 1778, to 24 June 1780, 17 & 18 G. 3. c. 36. s. 8. with amendments, to 24 June 1783, &c. by 19 & 20 G. 3. c. 14. s. 5. [Continued 21 & 22Geo. 3. c.40. 30 Geo. 3. c. 45. 34 Geo. 3. c. 23. Perpetual 40 Geo. 3. c. 96, see also 10 Geo. 4. c. 34. s. 47. and 1 & 2 Will. 4. c. 44.]

[(a)Pillory abolished, 7 Will. 4. & 1 Vict. c. 23.]
[(b)Rep., 1 & 2 Will. 4. c. 44. s. 1.]
[(a)Rep., 1 & 2 Will. 4. c. 44. s. 1.]
[(b)7 Will. 4. & 1 Vict. c. 23. s. 1.]
[(a)Rep., 1 & 2 Will. 4. c. 44. s. 1.]
[(a)Rep., 1 & 2 Will. 4. c. 44. s. 1.]
[(a)Rep., 1 & 2 Will. 4. c. 44. s. 1.]
[(a)Rep., 1 & 2 Will. 4. c. 44. s. 1.
[(a)Rep., 1 & 2 Will. 4. c. 44. s. 1.
[(b)Pillory abolished, 7 Will. 4. & 1. Vict. c. 23. s. 1.]