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and with loud voice make, or cause to be made, proclamation in these words, or like in effect.
Our sovereign lord the king chargeth and commandeth all persons, being assembled, immediately to disperse themselves, and peaceably to depart to their habitations, or to their lawful business, upon the pains contained in the act made in the first year of King George, for preventing tumults and riotous assemblies.
God save the King.
And every such justice and justices of the peace, sheriff, under sheriff, mayor, bailiff, and other head officer aforesaid, within the limits of their respective jurisdictions, are hereby authorised, empowered, and required, on notice or knowledge of any such unlawful, riotous, and tumultuous assembly, to resort to the place where such unlawful, riotous, and tumultuous assembly shall be, of persons to the number of twelve or more, and there to make, or cause to be made, proclamation in manner aforesaid. § 2.
Persons assembled and not dispersing within one hour, to
And be it further enacted by the authority aforesaid, That if such persons so unlawfully, riotously, and tumultuously assembled, or twelve or more of them, after proclamation made in manner aforesaid, shall continue together, and not disperse themselves
1 G. 1.
within one hour, that then it shall and may be lawful st. 2. c. 5.
to and for every justice of the peace, sheriff, or under
persons as shall be commanded to be assisting unto any such justice of the peace, sheriff, or under sheriff, mayor, bailiff, or other head officer aforesaid, (who are hereby authorised and empowered to command all his majesty's subjects of age and ability to be assisting to them therein), to seize and apprehend, and they are hereby required to seize and apprehend, such persons so unlawfully, riotously, and tumultuously continuing together after proclamation made, as aforesaid, and forthwith to carry the persons so apprehended before one or more of his majesty's justices of the peace of the county or place where such persons shall be so apprehended, in order to their being proceeded against for such their offences according to law; and that if the persons so unlawfully, riotously, and tumultuously assembled, or any of them, shall happen to be killed, maimed, or hurt, in the dispersing, seizing, or apprehending, or endeavouring to disperse, seize, or apprehend them, by reason of their resisting the persons so dispersing, seizing, or apprehending, or endeavouring to disperse, seize, or apprehend them, that then every such justice of the peace, sheriff, under sheriff, mayor, bailiff, head officer,
high or petty constable, or other peace officer, and all i G. 1.
st. 2. c. 5. and singular persons being aiding and assisting to them, or any of them, shall be free, discharged, and indemnified, as well against the king's majesty, his heirs and successors, as against all and every other person and persons, of, for, or concerning the killing, maiming, or hurting of any such person or persons, so unlawfully, riotously, and tumultuously assembled, that shall happen to be so killed, maimed, or hurt, as aforesaid. § 3.
Pulling down, fc. any Church, fc. Felony without
Benefit of Clergy.
And be it further enacted by the authority aforesaid, That if any person unlawfully, riotously, and tumultuously assembled together, to the disturbance of the public peace, shall unlawfully, and with force demolish or pull down, or begin to demolish and pull down(a),
(a) It is not necessary that twelve persons should be concerned in order to constitute this offence, or to entitle the party injured to an action against the hundred under sect. 6. Pritchet v, Waldron, T. R. 14. Where rioters began to break the windows of a bakehouse and a dwellinghouse adjoining, and broke the glass of the windows, and also the shutters, in order to compel the plaintiff to sell his four for less than the value, the judge told the jury, " that if they were satisfied that the mob meant to stop there and proceed no further, it might be too much to say, that it was a beginning to demolish within the statute; but if they thought that the mob came with an intention to proceed to other acts of demolition, if they could not otherwise effect their purpose, it was a beginning to demolish. In the same case it was held that breaking open a lock upon such an occasion was not a
any church or chapel, or any building for religious worship, certified and registered according to the statute made in the first year of the reign of the late King William and Queen Mary, intituled “An Act for exempting their Majesties' Protestant Subjects dissenting from the Church of England, from the Penalties of certain Laws, or any Dwelling-house, Barn, Stable, or other Outhouse; that then every such demolishing or pulling down, or beginning to demolish or pull down, shall be adjudged felony without benefit of Clergy ; and the offenders therein (a) shall be adjudged felons, and shall suffer death as in case of felony, without benefit of clergy. § 4.
Opposing the making Proclamation.
Provided always, and be it further enacted by the authority aforesaid, That if any person or persons do, or shall, with force and arms, wilfully and knowingly
beginning to demolish. Wilmot v. Horton, Doug. 701. See notes to sect. 6. post. As to the law respecting the several kinds of buildings, see notes to 9 Geo. 1. c. 22. Evan's Collection of Statutes.
(a) Persons present aiding and abetting (who are called principals in the second degree) are within the Statute, and it is not necessary in a special verdict that the terms of aiding and abetting should be used ; but in finding that the prisoner was present and did encourage and abet the others in beginning to demolish, &c., by shouting and using expressions to excite the others so to do, but that he did not with force begin to demolish or pull down, or do any act with his own hands or person for that purpose otherwise than as aforesaid, was a sufficient finding upon a charge for beginning to demolish. Rex v. Royce, 1 Burr. 2073.
oppose, obstruct, or in any manner wilfully and know- 1 G. 1.
st. 2. c. 5. ingly lett, hinder, or hurt any person or persons
that shall begin to proclaim, or go to proclaim according to the proclamation hereby directed to be made, whereby such proclamation shall not be made; that then every such opposing, obstructing, letting, hindering, or hurting such person or persons, so beginning, or going to make such proclamation as aforesaid, shall be adjudged felony without benefit of clergy; and the offenders therein shall be adjudged felons, and shall suffer death as in case of felony, without benefit of clergy; and that also every such person and persons so being unlawfully, riotously, and tumultuously assembled, to the number of twelve, as aforesaid, or more, to whom proclamation should or ought to have been made, if the same had not been hindered, as aforesaid, shall likewise, in case they, or any of them, to the number of twelve, or more, shall continue together, and not disperse themselves within one hour after such lett or hindrance so made, having knowledge of such lett or hindrance so made, shall be adjudged felons, and shall suffer death as in case of felony, without benefit of clergy. § 5.
How the Damages shall be made good.
And be it further enacted by the authority aforesaid, That if after the said last day of July One thousand seven hundred and fifteen, any such church or chapel, or any such building for religious worship, or any such dwelling-house, barn, stable or other outhouse, shall be demolished or pulled down wholly or in part, by