The Nineteenth Year of George II. - Chap. VII.
An Act for the more effectual preventing his Majesty’s Subjects from entering into
foreign Service; and for publishing an Act of the seventh Year of King William the
Third, intituled, An Act to prevent foreign Education.
Whereas many of his Majesty’s subjects have withdrawn and do daily withdraw themselves into the dominions of Spain and France, now in open was with his Majesty, in hopes of being preferred to commands in the armies and fleets of those crowns, and are thereby encouraged and enabled to promote rebellions in Great Britain and Ireland: for remedy thereof 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 every person, being his Majesty’s natural born subject of this kingdom, who at any time since the eighth day of October in the year one thousand seven hundred and forty five hath been, or during the present wars with the French King or the King of Spain, or after they or either of them shall be at an end, shall be, an officer, soldier, or mariner, in the service of either of the said Kings without license for that purpose under the privy seal, shall from and after the twenty fifth day of March in the year one thousand seven hundred and forty six be and be deemed to all intents and purposes disabled to hold or take any manors, lands, tenements, or hereditaments, or any money, goods, chattels, debts, or securities for money, or any real or personal estate of what nature or kind soever, or any trust, charge, property, benefit, estate, or interest whatsoever in, to, upon, or out of the same by descent or purchase, or as tenant by the courtesy, by will, gift, as next of kin, or otherwise howsoever, either for themselves or their heirs, executors, or administrators; and all such real or personal estate whatsoever, and all such trust, property, charge and benefit in, to, or upon, the same, which on the said twenty fifth day of March in the year one thousand seven hundred and forty six or afterwards shall belong, or which should or would, in case this act had not been made, have belonged, or in any manner come, to such person, shall and may be sued for at law or by bill in equity for discovery and relief, and be recovered by any protestant or protestants, in such manner as any
lands, tenements, or hereditaments, or securities, or any real or personal estate, conveyed to or in trust for papists, may be sued for and recovered by virtue of an act made in the eighth year of the reign of her late Majesty Queen Anne, intituled, An act for explaining and amending an act, intituled, An act to prevent the further growth of popery; and that no plea or demurrer shall be allowed to any bill filed in the high court of Chancery, or Chancery of the Exchequer, upon this act; and the same, being so recovered, shall be held and enjoyed by such protestant or protestants, their heirs, executors, and administrators, for all such estate, right, title, trust, property, benefit, and interest therein, as shall on the said twenty fifth day of March in the said year one thousand seven hundred and forty six belong, or should or would afterwards have belonged, to such person, if this act had not been made.
II. Provided always, That nothing herein before contained shall extend to any person, who, being on or since the said eighth day of October in such service as aforesaid, shall on or before the twenty fifth day of May in the year one thousand seven hundred and forty six surrender himself to any judge of any of the King’s courts in Dublin; who is hereby impowered and required to commit such person for high-treason to prison, there to remain till he shall be discharged by due course of law.
III. Provided also, That this act shall not extend to debar or any ways prejudice the right of his Majesty, his heirs or successors, to any the real or personal estate of any person, who on or before the said twenty fifth day of March, or at any time after, shall be attainted of high treason, and which should or would have after the said twenty fifth day of March come or belonged to such person, if this act had never been made, for which no suit shall have been commenced by any protestant or protestants according to this act before the indictment, on which such attainder shall be had, shall be found.
IV. Provided also, That this act shall not extend to any person, who is, or are, or shall, without such license as aforesaid be in such service as aforesaid, to whom his Majesty, his heirs or successors, shall be graciously pleased to grant a pardon for such their offence, on or before the said twenty fifth day of May in the year one thousand seven hundred and forty six; nor to deprive any person, to whom his Majesty, his heirs or successors, shall grant such pardon at any time afterwards, of any real or personal estate, for which no prosecution shall have been commenced by a protestant or protestants pursuant to this act before such pardon.
V. And be it further enacted by the authority aforesaid, That if any person or persons shall after the said twenty fifth day of March knowingly accept of, or by themselves or any other receiver pay, apply, and dispose of any real or personal estate in trust for the benefit of any person or persons, so being or to be in such service as aforesaid, he, she, or they, shall forfeit treble the value of such real estate, and of the money, goods, or chattels, which he, she, or they, shall so accept of, receive, pay, apply, or dispose of, by virtue of and upon such trust; of which penalty one third part shall belong to his Majesty, his heirs or successors, and the other two thirds thereof shall belong to the informer, who may sue for and recover the same by action, bill, plaint, or information in any of his Majesty’s courts of record in Dublin; in which action no essoign, privilege, protection, wager of law, or more than one imparlance shall be allowed: but no discovery, which shall be made by any such trustee or trustees in an answer to any bill, which shall be brought against him or them pursuant to this act, shall be made use of as evidence at any tryal to be had on any suit for the recovery of such penalty against such trustee.
VI. And whereas an act made in this kingdom in the seventh year of the reign of his Majesty King William the third of glorious memory, intituled, An act to prevent foreign education, hath not been duly put in execution: to the end that by the strict observance of the said act, and of this present act, the peace of this kingdom may be preserved; be it enacted by the authority aforesaid, That at the several assizes to be held in the several counties and counties of cities and towns within this kingdom, and at the several general quarter-session of the peace for the county of Dublin and county of the city of Dublin, this act and the said act of the seventh of King William shall be publickly read in open court by the clerk of the crown and peace respectively, after the grand jury is impannelled, and before the charge is given.
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