Tumultuous Risings (Ireland) Act, 1831
TUMULTUOUS RISINGS (IRELAND) ACT 1831 | ||
C A P. XLIV. | ||
An Act to amend an Act passed in the Parliament of Ireland, in the Fifteenth and Sixteenth Years of the Reign of His Majesty King George the Third, intituled An Act to prevent and punish tumultuous Risings of Persons within this Kingdom, and for other Purposes therein mentioned. [15th October 1831.] | ||
15 & 16 G. 3. (1.) | ||
Recited Act in part repealed. | ||
‘Whereas by an Act passed in the Parliament of Ireland, in the Fifteenth and Sixteenth Years of the Reign of His late Majesty King George the Third, intituled An Act to prevent and punish tumultuous Risings of Persons within this Kingdom, and for other Purposes therein mentioned, certain Offences therein mentioned are made punishable with Death: And whereas it is expedient to mitigate the Severity of said Act, and to make certain Amendments therein:’ Be it therefore 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 so much of said recited Act passed in the Fifteenth and Sixteenth Years of the Reign of His late Majesty King George the Third as enacts that if any Person or Persons rising or assembling in manner therein-before mentioned, or in any other Manner whatsoever, should, 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 should 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 Persons or Property of any of His Majesty’s Subjects; or if any Person or Persons should, by Gift, Promise, or Threats, procure any of His Majesty’s Subjects to join in any of the aforesaid Offences, or should 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, should be adjudged guilty of Felony, and suffer Death; and also so much of said Act as enacts that if any Person or Persons should, at any Time after Sunset and before Sunrise, 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 should forcibly and maliciously break into his, her, or their House, Barn, or Outhouse, or should maliciously cause any Door to be opened by Threats or Menaces, or should forcibly 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 should 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, should be adjudged guilty of Felony, and suffer Death; and so much of said Act as enacts that all and every Person or Persons who should, 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 therein aforesaid, or should wilfully or knowingly conceal any Person or Persons who had committed any of the Offences aforesaid (for which Sentence of Death as in Cases of Felony might be awarded), every Person or Persons so aiding, assisting, abetting, succouring, or concealing such Person or Persons should, on being thereof lawfully convicted, be adjudged guilty of Felony, and suffer Death; and so much of said Act as enacts that it should be lawful for any Justice of the Peace or others therein mentioned, 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 being in the Custody or Possession of any Papist or reputed Papist, not duly licensed 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, Out-house, Office, Field, or other Place belonging to any other Person whatsoever, where he or they should have reasonable Cause to suspect any such Arms or Ammunition should be concealed, and such Arms and Ammunition so taken and seized should 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 should think fit, unless it should appear that the same were forcibly taken and carried away from some of His Majesty’s Subjects in manner therein-before mentioned, in which Case such Arms and Ammunition should be delivered to the Person or Persons from whom the same were so forcibly taken; and in case any such Justice or Justices of the Peace, or other Chief Magistrate as aforesaid, after such Search made, should have Cause to suspect that any Arms or Ammunition remained concealed and not seized as aforesaid, he and they was and were thereby required to cause such Person and Persons whom he or they should suspect to have concealed the same to be brought before him and them, and to be examined upon Oath concerning the same; and so much of said Act as enacts that every such Person or Persons who, upon Demand or Search made for such Arms or Ammunition as aforesaid, should refuse to deliver up the same, and also to declare and manifest to the Justice or Justices of the Peace, Mayors, Sheriffs, or other Chief Magistrates, what Arms or Ammunition he, she, or they, or any other, to his, her, or their Knowledge, or with his, her, or their Privity, had, or should hinder or disturb the Delivery thereof to the said Justices as therein; and every Person and Persons who should refuse to make Discovery, upon his or their Oath, to be administered by such Justice or Justices of the Peace or other Chief Magistrates aforesaid, concerning the Premises aforesaid, on being summoned as therein mentioned, should, without reasonable Cause, neglect or refuse to appear to be examined as therein, every Person or Persons so offending, being thereof lawfully convicted, should be punished by Fine, Imprisonment, Pillory, or Whipping; and so much of said Act as enacts that every Person or Persons who should by Force or Violence break open any Gaol or Prison with Intent 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 found guilty thereof should suffer Death, and may be tried before the Trial or Attainder of the Person or Persons so enlarged; and so much of said recited Act as enacts, that every Person who shall rescue any Person committed by a Justice of the Peace for Treason, Felony, or any of the Offences therein punishable with Death, from a Constable or any Person legally authorized for that Purpose, before the Person or Persons so committed should be lodged in Gaol, being found guilty thereof, should suffer Death; shall be and the same, save and except as to Offences committed before the passing of this Act, is and are hereby repealed. |