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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, &c. 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

16.1. any church or chapel, or any building for religious st. 2. c.5. worship, certified and registered according to the sta

tute 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 Outlouse; 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 oppose, obstruct, or in any manner wilfully and know- 1 G. 1.

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.

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

IG.1. st. 2. c. 5

any persons so unlawfully, riotously, and tumultuously assembled ; that then, in case such church, chapel, building for religious worship, dwelling-house, barn, stable or outhouse, shall be out of any city or town, that is either a county of itself, or is not within any hundred, that then the inhabitants of the hundred in which such damage shall be done, shall be liable to yield damages to the person or persons injured and damnified by such demolishing or pulling down wholly, or in part; and such damages shall and may be recovered by action to be brought in any of His Majesty's Courts of Record at Westminster, wherein no essoin, protection or wager of law, or any imparlance, shall be allowed by the person or persons damnified thereby, against any two or more of the inhabitants of such hundred; such action for damages to any church or chapel to be brought in the name of the rector, vicar, or curate of such church or chapel that shall be so damnified, in trust for applying the damages to be recovered in rebuilding or repairing such church or chapel; and that judgement being given for the plaintiff or plaintiffs in such action, the damages so to be recovered shall, at the request of such plaintiff or plaintiffs, his or their executors or administrators, be raised and levied on the inhabitants of such hundred, and paid to such plaintiff or plaintiffs, in such manner and form, and by such ways and means, as are provided by the statute made in the seven-and-twentieth year of the reign of Queen Elizabeth, for reimbursing the person or persons on whom any money recovered against any hundred by any party robbed, shall be levied : and in case any such church, chapel, building for religious worship, dwelling-house, barn, stable or outhouse, so 1 G. 1.

st. 2. c. 5. damnified, shall be in any city or town that is either a county of itself, or is not within any hundred; that then such damages shall and may be recovered by action to be brought in manner aforesaid ; wherein no essoin, protection or wager of law, or any imparlance shall be allowed, against two or more inhabitants of such city or town; and judgement being given for the plaintiff or plaintiffs in such action, the damages so to be recovered shall, at the request of such plaintiff or plaintiffs, his or their executors or administrators, made to the justices of the peace of such city or town, at any quarter sessions to be holden for the said city or town, be raised and levied on the inhabitants of such city or town, and paid to such plaintiff or plaintiffs, in such manner and form, and by such ways and means, as are provided by the said statute made in the seven-andtwentieth year of the reign of Queen Elizabeth, for reimbursing the person or persons on whom any money recovered against any hundred by any party robbed, shall be levied. $ 6.

This Act to be read at Quarter Sessions.

And be it further enacted by the authority aforesaid, That this act shall be openly read at every quarter sessions, and at every leet or law day. 97.

Prosecutions to be commenced within Twelve Months.

Provided always, That no person or persons shall be prosecuted by virtue of this act, for any offence or of

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