of this Act, unless such Prosecution shall be commenced within six calen- No. LII. dar months after the Offence committed; and no Action shall be brought for any of the Penalties by this Act imposed, unless the same shall be 36 Geo. III. brought within three calendar months next after the Offence committed. XXIII. Provided also, That this Act shall commence and have effect within c. 8. the City of London, and within twenty miles thereof, from the day next Limitation of after the day of passing this Act, and shall commence and have effect Actions. within all other parts of the Kingdom, from the expiration of seven days Commencenext after the day of passing this Act, and shall be and continue in force for ment and conthree years, from the day of passing this Act, and until the end of the then tinuance of next Session of Parliament. Act. No. LIII. c. 70. Any person [No. LIII.] 37 George III. c. 70.-An Act for the better Prevention and Punishment of Attempts to seduce Persons serving in his Majesty's Forces by Sea or Land, from their Duty and Allegiance to his Majesty, or to incite them to Mutiny or Disobedience.-[6th. June 1797.]* WHEREAS divers wicked and evil-disposed persons, by the publica- 37 Geo. III. tion of written or printed Papers, and by malicious and advised Speaking, have of late industriously endeavoured to seduce persons serving in his Majesty's Forces by Sea and Land from their duty and allegiance to his Majesty, and to incite them to Mutiny and Disobedience; 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 duce any Sailor present Parliament assembled, and by the Authority of the same, That, or Soldier from from and after the passing of this Act, any person who shall maliciously his duty, or and advisedly (1) endeavour (2) to seduce any person or persons serving incite him to in his Majesty's Forces by Sea or Land, from his or their duty and allegi- Mutiny, &c. ance to his Majesty, or to incite or stir up any such person or persons to to be guilty of commit any act of Mutiny, or to make, or endeavour to make, any mu- Felony withtinous Assembly, or to commit any traitorous or mutinous practice what- out Clergy. soever, shall, on being legally convicted of such Offence, be adjudged guilty of Felony, and shall suffer Death as in cases of Felony without benefit of clergy. who shall at tempt to se II. Provided always, and be it enacted by the Authority aforesaid, That Where Ofany Offence committed against this Act, whether committed on the High fences may be Seas or within that part of Great Britain called England, shall and may prosecuted. be prosecuted and tried before any Court of Oyer and Terminer or Gaol Delivery for any County in that part of Great Britain called England, in such manner and form as if the said Offence had been therein committed. III. Provided always, and it is hereby declared and enacted, That any person who shall be tried and acquitted, or convicted of any Offence against this Act, shall not be liable to be indicted, prosecuted, or tried again for the same Offence or Fact, as High Treason, or Misprision of High Treason; and that nothing in this Act contained shall be construed to extend to prevent any persons guilty of any Offence against this Act, and who shall not be tried for the same as an Offence against this Act, from being tried for the same as High Treason, or Misprision of High Treason, in such manner as if this Act had not been made. IV. And be it further enacted by the Authority aforesaid, That this Act shall continue and be in force until the expiration of one month after the commencement of the next Session of Parliament, and no longer. [No. LIV.] 37 George III. c. 123.-An Act for more effectually preventing the administering or taking of unlawful Oaths. [19th July 1797.]† Made perpetual 57 Geo. III. c. 7. (1) It is not necessary to alledge a knowledge that the person was a Soldier. The word "advisedly" is equivalent to scienter; R. v. Fuller, 1 B. and P. 180. Persons tried for Offences against this Act, not to be tried again for the same, as High Treason, or Misprision of High Trea son, &c. Continuance of Act. (2) In an Indictment for endeavouring to seduce, it is not necessary to specify the means employed; R. v. Fuller, 1 B. and P. 180. + See 52 Geo. III. c. 104, post. No. LIV. 37 Geo. III. c. 123. 6 WHEREAS divers wicked and evil-disposed persons have of late attempted to seduce persons serving in his Majesty's Forces by Sea and Land, and others of his Majesty's Subjects, from their duty and allegiance to his Majesty, and to incite them to acts of Mutiny and Sedition, ' and have endeavoured to give effect to their wicked and traitorous Proceedings, by imposing upon the persons whom they have attempted to seduce, the pretended obligation of Oaths unlawfully administered;' Be Persons admi- it enacted by the King's most excellent Majesty, by and with the advice nistering un- and consent of the Lords Spiritual and Temporal, and Commons, in this lawful Oaths, present Parliament assembled, and by the Authority of the same, That or taking them any person or persons who shall, in any manner or form whatsoever, advoluntarily, to minister, or cause to be administered, or by aiding or assisting at, or prebe guilty of sent at and consenting to, the administering or taking of any Oath or Felony, puEngagement, purporting or intended to bind the person taking the same to nishable with seven years' engage in any mutinous or seditious purpose; or to disturb the public transportation. peace; or to be of any Association, Society, or Confederacy, formed for any such purpose; or to obey the orders or commands of any Committee or Body of Men not lawfully constituted, or of any Leader or Commander, or other person not having authority by Law for that purpose; or not to inform or give evidence against any associate, confederate, or other person; or not to reveal or discover any unlawful Combination or Confederacy ;(1) or not to reveal or discover any illegal Act done or to be done; or not to reveal or discover any illegal Oath or Engagement which may have been administered or tendered to or taken by such person or persons, or to or by any other person or persons, or the import of any such Oath or Engagement; shall, on conviction thereof by due course of Law, be adjudged guilty of Felony, and may be transported for any term of years, not exceeding seven years; and every person who shall take any such Oath or Engagement, (2) not being compelled thereto, shall, on conviction thereof by due course of Law, be adjudged guilty of Felony, and may be transported for any term of years not exceeding seven years. Persons compelled to take such Oaths, not justified, unless they declare the same within four days. Persons aiding, &c. at taking such Oaths, or causing them to be administered, though not present, to be deemed principals. In Indict II. Provided always, and be it further enacted, That compulsion shall not justify or excuse any Person taking such oath or engagement, unless he or she shall, within four days after the taking thereof, if not prevented by actual force or sickness, and then within four days after the hindrance produced by such force or sickness shall cease, declare the same, together with the whole of what he or she shall know touching the same, and the Person or Persons by whom, and in whose presence, and when and where such oath or engagement was administered or taken, by information on oath before one of his Majesty's Justices of the Peace, or one of his Majesty's principal Secretaries of State, or his Majesty's Privy Council; or, in case the Person taking such oath or engagement shall be in actual service in his Majesty's Forces by sea or land, then by such information on oath as aforesaid, or by information to his Commanding Officer. III. And be it further enacted, That Persons aiding and assisting at, or present at and consenting to, the administering or taking of any such oath or engagement as aforesaid, and Persons causing any such oath or engagement to be administered or taken, though not present at the administering or taking thereof, shall be deemed principal Offenders, and shall be tried as such, although the Persons or Person who actually administered such oath or engagement, if any such there shall be, shall not have been tried or convicted. IV. And be it further enacted, That it shall not be necessary, in any indictment, against any Person or Persons administering, or causing to be administered or taken, or taking any such oath or engagement as aforesaid, or aiding or assisting at, or present at and consenting to, the administerbe sufficient to ing or taking thereof, to set forth the words of such oath or engagement; ments, it shall (1) This extends to an unlawful combination for raising wages; R. v. Marks, 3 E. 157. (2) Where the party administering the Oath held a paper from which the witness supposed he read the Oath, parol evidence was admitted without notice to produce the paper.-Where the Oath was not seditious on the face of it, parol evidence admitted to, shew that "the Brotherhood" referred to was a seditious society; R. v. Moors, 6 E. 421. and that it shall be sufficient to set forth the purport (1) of such oath or engagement, or some material part thereof. V. Provided always, and be it further enacted, That any engagement or obligation whatsoever, in the nature of an oath, shall be deemed an oath within the intent and meaning of this Act, in whatever form or manner the same shall be administered or taken; and whether the same shall be actually administered by any Person or Persons to any other Person or Persons, or taken by any Person or Persons without any administration thereof by any other Person or Persons. VI. Provided also, and be it further enacted by the authority aforesaid, That any offence committed against this Act on the High Seas, or out of this realm, or within that part of Great Britain called England, shall and may be prosecuted, tried, and determined, before any Court of Oyer and Terminer or Gaol Delivery, for any county in that part of Great Britain called England, in such manner and form as if such offence had been therein committed: and if committed in that part of Great Britain called Scotland, shall and may be prosecuted, tried, and determined, either before the Justiciary Court at Edinburgh, or in any of the Circuit Courts in that part of the United Kingdom. VII. Provided also, and it is hereby declared, That any Person who shall be tried, and acquitted or convicted of any offence against this Act, shall not be liable to be indicted, prosecuted or tried again, for the same offence or fact, as High Treason, or Misprision of High Treason; and that nothing in this Act contained shall be construed to extend to prevent any Person guilty of any offence against this Act, and who shall not be tried for the same as an offence against this Act, from being tried for the same as High Treason, or Misprision of High Treason, in such manner as if this Act had not been made. [ No. LV. ] 39 George III. c. 79.-An Act for the more effectual Suppression of Societies established for Seditious and Treasonable Purposes; and for better preventing Treasonable and Seditious Practices.-[12th July, 1799.] WHEREAS a traitorous conspiracy has long been carried on, in con No. LIV. 37 Geo. III. c. 123. set forth the purport of such Oaths. Engagements in the nature of an Oath, to be deemed Oaths, &c. Where Offences may be prosecuted. Persons tried under this Act, not to be tried again for the same offence; but if not so tried, may be tried as for High Treason, &c. No. LV. c. 79. conjunction with the Persons from time to time exercising the 39 Geo. III. powers of Government in France, to overturn the Laws, Constitution, and Government, and every existing establishment, civil and ecclesiastical, both in Great Britain and Ireland, and to dissolve the connection 'between the two kingdoms, so necessary to the security and prosperity of 'both: And whereas, in pursuance of such design, and in order to carry "the same into effect, divers societies have been of late years instituted in 'this kingdom, and in the kingdom of Ireland, of a new and dangerous nature, inconsistent with publick tranquillity, and with the existence of regular government, particularly certain societies calling themselves Societies of United Englishmen, United Scotsmen, United Britons, United 'Irishmen, and The London Corresponding Society: And whereas the 'members of many such societies have taken unlawful oaths and engagements of fidelity and secrecy, and used secret signs and appointed com❝mittees, secretaries, and other officers, in a secret manner; and many of such societies are composed of different divisions, branches or parts, ' which communicate with each other by secretaries, delegates, or otherwise, and by means thereof maintain an influence over large bodies of men, and delude many ignorant and unwary Persons into the commission of acts highly criminal: And whereas it is expedient and necessary that all 'such societies as aforesaid, and all societies of the like nature, should be (1) An Indictment for administering an oath to A. B. intended to bind him not to inform or give evidence against any Member of a certain Society formed to disturb the peace, for any act or expression of theirs, is good without alleging the tenor or purport of the oath, or shewing in what manner the peace was intended to be disturbed by such Society; R. v. Moors, 6 E. 419. No. LV. 39 Geo. III. c. 79. utterly suppressed and prohibited, as unlawful combinations and confe'deracies, highly dangerous to the peace and tranquillity of these kingdoms and to the constitution of the government thereof, as by Law ' established:' 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 Certain Socie- the same, That from and after the passing of this Act, all the said societies ties suppress- of United Englishmen, United Scotsmen, United Irishmen, and United Britons, and the said society commonly called The London Corresponding Society, and all other societies called Corresponding Societies, of any other city, town, or place, shall be, and the same are hereby utterly suppressed and prohibited, as being unlawful combinations and confederacies against the Government of our Sovereign Lord the King, and against the peace and security of his Majesty's liege subjects. ed. All Societies shall be deemed unlawful, the members whereof shall be required to take any Oath unlawful under 37 Geo. 3. c. 123, or any Oath, Test,&c. not authorized by Law; or which shall have any members, commit tees, &c. not known to the Society at large, or the names of all the members whereof shall not be entered in regular books; or which shall act in separate or distinct branches; and members thereof, and persons corresponding with or supporting them, guilty of an unlawful combination. Act shall not II. And be it further enacted by the authority aforesaid, That, from and after the passing of this Act, all and every the said societies, and also every other society now established or hereafter to be established, the members whereof shall, according to the rules thereof, or to any provision or agreement for that purpose, be required or admitted to take any oath or engagement, which shall be an unlawful oath or engagement within the intent and meaning of an Act, passed in the thirty-seventh year of his Majesty's reign, intituled, An Act for more effectually preventing the administering or taking of unlawful Oaths, or to take any oath not required or authorized by Law; and every society the members whereof, or any of them, shall take, or in any manner bind themselves by any such oath or engagement, on becoming or in consequence of being members of such society; and every society, the members whereof shall take, subscribe, or assent, to any test or declaration not required by Law, or not authorized in manner hereinafter mentioned; and every society of which the names of the members, or of any of them, shall be kept secret from the society at large, or which shall have any committee or select body so chosen or appointed, that the members constituting the same, shall not be known by the society at large, to be members of such committee or select body, or which shall have any president, treasurer, secretary, delegate or other officer so chosen or appointed, that the election or appointment of such Persons to such offices shall not be known to the society at large, or of which the names of all the members and of all committees or select bodies of members, and of all presidents, treasurers, secretaries, delegates, and other officers, shall not be entered in a book or books to be kept for that purpose, and to be open to the inspection of all the members of such society: and every society which shall be composed of different divisions or branches, or of different parts, acting in any manner separately or distinct from each other, or of which any part shall have any separate or distinct president, secretary, treasurer, delegate, or other officer, elected or appointed by or for such part, or to act as an officer for such part; shall be deemed and taken to be unlawful combinations and confederacies; and every Person who, from and after the passing of this Act, shall become a member of any such society, or who, being a member of any such society at the passing of this Act, shall afterwards act as a member thereof; and every Person who, after the passing of this Act, shall directly or indirectly maintain correspondence or intercourse with any such society, or with any division, branch, committee, or other select body, president, treasurer, secretary, delegate, or other officer, or member thereof as such, or who shall, by contribution of money or otherwise, aid, abet, or support such society, or any members or officers thereof as such; shall be deemed guilty of an unlawful combination and confe deracy. III. Provided always nevertheless, and be it enacted, That nothing hereextend to De- in contained shall extend to any declaration to be taken, subscribed, or clarations ap- assented to by the members of any society, in case the form of such declaproved by two ration shall have been first approved and subscribed by two or more of Justices, and registered his Majesty's Justices of the Peace for the county, stewartry, riding, diviwith the Clerk sion, or place, where such society shall ordinarily assemble, and shall have of the Peace; been registered with the Clerk of the Peace, or his deputy, for such county, stewartry, riding, division, or place, for which there shall be paid No. LV. a fee of one shilling and no more; but that such approbation of the Justices as aforesaid shall remain valid and effectual no longer than until the 39 Geo. III. next General Session for such county, stewartry, riding, division, or place, c. 79. unless the same shall, on application made by the parties concerned, be confirmed by the major part of the Justices present at such General Session; provided such and if the same shall not be then and there so confirmed, the Provisions of approbation be confirmed this Act shall from thenceforth extend to such declaration, and to all Societies or Persons subscribing the same, in so far as may relate to all Acts at the nextGewhich may be done by them, or any of them, subsequent to the holding of such General Session. IV. Provided also, and be it enacted, That no Person who, at or before the passing of this Act, shall be, or shall have been a member of any such society, shall be liable to any pain or penalty for having been a member of such society at or before the passing of this Aet, in case such Person shall not in any manner act as a member of such society at any time after the passing of this Aet. V. And whereas certain Societies have been long accustomed to be holden in this kingdom under the denomination of Lodges of Free Masons, the meetings whereof have been in great measure directed to charitable purposes; be it therefore enacted, That nothing in this Act shall extend to the meetings of any such society or lodge which shall before the passing of this Act, have been usually holden under the said denomination and in conformity to the rules prevailing among the said societies of Free Masons. pass VI. Provided always, That this exemption shall not extend to any such society, unless two of the members composing the same shall certify upon oath (which oath any Justice of the Peace or other Magistrate is hereby empowered to administer,) that such society or lodge has, before the ing of this Act, been usually held under the denomination of a Lodge of Free Masons, and in conformity to the rules prevailing among the societies or lodges of Free Masons in this kingdom; which certificate, duly attested by the Magistrate before whom the same shall be sworn, and subscribed by the Person so certifying, shall, within the space of two calendar months after the passing of this Act, be deposited with the Clerk of the Peace for the county, stewartry, riding, division, shire, or place, where such society or lodge hath been usually held: Provided also, That this exemption shall not extend to any such society or lodge, unless the name or denomination thereof, and the usual place or places, and the time or times of its meetings, and the names and descriptions of all and every the members thereof, be registered with such Clerk of the Peace as aforesaid, within two months after the passing of this Act, and also on or before the twenty-fifth day of March in every succeeding year. neral Quarter Session. Former mem bers not acting after passing this Act, not liab'e to Penalty. Not to extend to regular Lodges of Free Masons held before passing this Act; but two mem bers of each Lodge shall such certifi cate within place of meet- the General any Lodge to be discontinu VII. And be it enacted, That the Clerk of the Peace, or the Person acting in his behalf, in any such county, stewartry, riding, division, shire, or place, is hereby authorized and required to receive such certificate, and make such registry as aforesaid, and to enrol the same among the records of such county, stewartry, riding, division, shire, or place, and to lay the same, once in every year, before the General Session of the Justices for such county, stewartry, riding, division, shire, or place; and that it shall and may be lawful for the said Justices, or for the major part of them, at any of their General Sessions, if they shall so think fit, upon complaint made to them, upon oath, by any one or more credible Persons, that the continuance of the meetings of any such lodge or society is likely to be injurious to the publick peace and good order, to direct that the meetings ed, if likely to of any such society or lodge within such county, stewartry, riding, divi- he injurious to sion, shire, or place, shall from thenceforth be discontinued; and any such the publick meeting held, notwithstanding such order of discontinuance, and before peace. the same shall, by the like authority, be revoked, shall be deemed an unlawful combination and confederacy under the provisions of this Act. VIII. And be it further enacted, That every Person, who, at any time Offenders may after the passing of this Act, shall, in breach of the provisions thereof, be be proceeded guilty of any such unlawful combination and confederacy, as in this Act is against, either described, shall and may be proceeded against for such offence in a sum- summarily, be. |