(b.) who repairs to the Queen or either House of Parliament upon pretence of presenting any petition or address accompanied by more than ten persons at any one time.

ARTICLE 87.

UNLAWFUL DRILLING.

1 All assemblies are unlawful which are held in order that the persons assembled may train or drill themselves, or be trained or drilled to the use of arms, or for the purpose of practising military movements or evolutions without lawful authority.

Every person commits felony, and is liable upon conviction thereof to seven years penal servitude, who

(a.) is present at, or attends any such assembly, for the purpose of training or drilling any other person to the use of arms, or the practice of military exercise, movements, or evolutions, or

(b.) who trains or drills any other person to the use of arms, or the practice of military exercise, movements, or evolutions, or

(c.) who aids or assists therein.

Every person commits a misdemeanor, and is liable upon conviction thereof to two years imprisonment (without hard labour) and fine, who attends or is present at any such assembly for the purpose of being, or who at any such assembly is, trained or drilled to the use of arms, or the practice of military exercise, movements, or evolutions.

160 Geo. 3 and 1 Geo. 4, c. 1, s. 1 (redrawn).

Draft Code, ss. 92, 3.

CHAPTER VIII

OFFENCES AGAINST INTERNAL TRANQUILLITY BY UNLAWFUL ENGAGEMENTS AND COMBINATIONS AND

CONFEDERACIES

UNLAWFUL OATHS.

ARTICLE 88.

OATHS TO COMMIT MURDER OR TREASON.

1 EVERY one is guilty of felony, and liable to penal servitude for life, who

(a.) administers, or causes to be administered, or aids or assists at the administering of any oath, engagement, or obligation in the nature of an oath, purporting, or intending to bind the person taking the same to commit treason or murder, or any felony which on the 9th of July, 1812, was punishable with death; or

(b.) takes any such oath or engagement, not being compelled thereto.

ARTICLE 89.

OTHER UNLAWFUL OATHS.

2 Every one is guilty of felony, and is liable, upon conviction, to penal servitude not exceeding seven years, who

(a.) administers, or causes to be administered, or is aiding and assisting at, or present at and consenting to the administering or taking of any oath, or engagement or obligation in the nature of an oath, purporting or intending to bind the person taking the same—

(i.) to engage in any mutinous or seditious purpose; (ii) to disturb the public peace;

152 Geo. 3, c. 104, ss. 1, 6 (redrawn).

As to punishment see in case

(a.) 7 Wm. 4 & 1 Vict. c. 91. See 2 Hist. Cr. Law, 294-7, and Draft Code, s. 99.

2 37 Geo. 3, c. 123, ss. 1, 5 (redrawn).

(iii) to be of any association, society, or confederacy formed for any such purpose;

(iv.) 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;

(v.) not to inform or give evidence against any associate, confederate, or other person;

(vi.) not to reveal or discover any unlawful combination or confederacy, or any illegal act done or to be done; or any illegal oath or engagement which may have been administered or tendered to, or taken by any person, or the import of any such oath or engagement; or who

1

(b.) takes any such oath or engagement, not being compelled thereto.

ARTICLE 90.

COMPULSION, HOW FAR A DEFENCE.

2 No person who takes any oath or engagement referred to in Article 88 or Article 89, under compulsion, shall be justified or excused thereby, unless within fourteen days after the taking thereof in the case of oaths referred to in Article 88, or within four days after the taking thereof in the case of oaths referred to in Article 89, if not prevented by actual force or sickness, and then within four days after the cessation of the hindrance produced by such force or sickness, he declares the same, and the whole of what he knows touching the same, and the 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 Her Majesty's justices of the peace, or one of Her Majesty's principal Secretaries of State, or Her Majesty's Privy Council or if he is in actual service in Her Majesty's forces by sea or land, either by such information on oath as aforesaid, or by information to his commanding officer.

1

"Such person or persons, or to or by any other person or persons.' 252 Geo. 3, c. 104, s. 2; 37 Geo. 3, c. 123, s. 2 (consolidated). Draft Code, s. 23.

F

Cf.

ARTICLE 91.

UNLAWFUL CLUBS AND SOCIETIES.

1 Every club or society is an unlawful combination and confederacy:

(a.) if its members according to its rules, or according to any provision or agreement for that purpose, are required, or permitted to, or do take any unlawful oath or undertaking as defined in Articles 88 and 89, or any oath not required or authorized by law; or

(b.) take or in any manner bind themselves by any such oath or agreement on becoming or in consequence of being members of any such society; or

(c.) 2 take, subscribe, or assent to any test or declaration not required or authorized by law or allowed in the manner mentioned in the note hereto, whether by words, signs, or otherwise, either in order to become or in consequence of being a member of such society or club; or

(d.) if the names of the members, or any of them, are kept secret from the society at large; or

(e.) 3 if there is any committee or select body so chosen or appointed that the members constituting the same are not

1 (a.) to (h.) inclusive, 39 Geo. 3, c. 79, s. 2; (c.) is repeated in and extended by 57 Geo. 3, c. 19, s. 25; (i.) 57 Geo. 3, c. 19, s. 25. The preamble of 39 Geo. 3, c. 79, recites the existence of a treasonable conspiracy carried on both in Great Britain and Ireland in order to overturn the government, and that in pursuance of this design societies have been instituted "inconsistent with the existence of regular government," and in particular, societies of United Englishmen, United Irishmen, and United Scotsmen, United Britons, and the London Corresponding Societies. It then describes the proceedings of these societies; and section 1 enacts that they shall be "utterly suppressed and prohibited" as "unlawful combinations and confederacies." Section 2 contains the provisions embodied in the text. Section 1 can hardly be regarded as creating a distinct offence, as the societies which are suppressed no longer exist. It would however make it penal to revive those societies or similar ones.

2 The form of the test must be approved and subscribed by two or more justices of the peace of the county, and registered with the clerk of the peace. Such approbation is valid only till the next general session for the county, unless on application made by the parties concerned it is then confirmed by the majority of the justices present. Sect. 3.

3 In the Act the words are "or which shall have any committee," &c., such that the members constituting the same shall not be known," &c.

known by the society at large to be members of such committee or select body; or

(f) if there is any president, secretary, delegate, or other officer so chosen or appointed that his election or appointment to such office is not known to the society at large; or

(g.) if 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, are not 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; or

(h.) if the society is 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 has 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; or

(.) if the society elects, appoints, nominates, or employs any committee, delegate, representative, or missionary to meet or communicate with any other society or club, or with any committee, delegate, representative, or missionary of any other society or club, or to induce or persuade any person to become a member thereof.

ARTICLE 92.

QUAKERS AND RELIGIOUS AND CHARITABLE SOCIETIES EXCEPTED.

The provisions of Article 91 do not extend to any meeting or society of Quakers, or to any meeting or society formed or assembled for purposes of a religious or charitable nature only, in which no other matter or business

I suppose the two "shalls" are put in for the sake of the grammar only, but the second "shall" may possibly indicate that an intention to conceal the names is required as well as the mere fact of concealment.

157 Geo. 3, c. 19, ss. 26, 27; 39 Geo. 3, c. 79, s. 5.