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A.D. 1878.

(a.) Becomes an accessory after the fact to high treason; or,

(b.) Who, knowing that any person has committed high treason, does not with all reasonable despatch give information thereof to a

justice of the peace or to some other person, in order to the appre5 hension of the offender.

SECTION 36.

TREASONABLE CONSPIRACIES AND INTENTIONS.

Everyone shall be guilty of an indictable offence, and shall upon conviction thereof be liable to penal servitude for life, who forms 10 and displays by any overt act any of the intentions herein-after

mentioned, or who conspires with any other person to carry any
such intention into effect; that is to say,

(a.) An intention to depose Her Majesty from the style, honour, and royal name of the Imperial Crown of the United Kingdom of 15 Great Britain and Ireland, or of any other of Her Majesty's dominions or countries ;

(b.) An intention to levy war against Her Majesty, within any part of the said United Kingdom, in order by force or constraint to compel

her to change her measures or counsels, or in order to put any force 20 or constraint upon, or in order to intimidate or overawe, both Houses or either House of Parliament.

(c.) An intention to move or stir any foreigner with force to invade the said United Kingdom or any other of Her Majesty's dominions or countries under the obeisance of Her Majesty.

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The expression “overt act” in sections 34 and 36 includes

The act of publishing any document printed, written, or otherwise rendered legible, expressive of any of the intentions specified in 30 the said sections ;

The act of speaking words of advice, consultation, or command in reference to any such intention;

And the act of speaking words explanatory of any conduct connected with the execution of any such intention, but it does not 35 include the act of speaking words expressive of any such inten

tion, unless they are connected as aforesaid with the execution

thereof.

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SECTION 38.

BURNING SHIPS OF WAR, &c. Everyone shall be guilty of an indictable offence and shall upon conviction thereof suffer death, who in time of war, and with intent

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A.D. 1878. to diminish the force of the Royal Navy, unlawfully and wilfully

sets on fire, burns, or otherwise detroys

(a.) Any of Her Majesty's ships or vessels of war, whether afloat or building, or begun to be built, or under repair in any dockyard, public or private ; or

(6.) Any of Her Majesty's arsenals, magazines, dockyards, ropeyards, victualling offices, or any of the buildings erected therein or belonging thereto; or

(c.) Any timber or materials there placed for building, repairing, or fitting out ships or vessels ; or

10 (d.) Any of Her Majesty's military, naval, or victualling stores or other ammunition of war in any place where any such stores or ammunition of war is kept.

SECTION 39.

INCITING TO MUTINY.

15 Everyone shall be guilty of an indictable offence, and shall be liable upon conviction thereof to penal servitude for life, who endeavours

(a.) To seduce any person serving in Her Majesty's forces by sea or land from his duty and allegiance to Her Majesty; or

20 (6.) To incite or stir up any such person to commit any act of mutiny, or to make or endeavour to make any mutinous assembly, or to commit any traitorous or mutinous practice whatever.

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Everyone shall be guilty of an indictable offence, and shall be liable upon conviction thereof to seven years penal servitude, and (if he is sentenced to imprisonment, instead of penal servitude) to be flogged or whipped, according to his age, as often (not exceeding thrice) as the Court directs, who does any of the following things; that is to 30

say, who

(a.) Produces or has near the person of Her Majesty any arm or destructive or dangerous thing with intent to use the same to injure the person of or to alarm Her Majesty ; or who

(6.) Wilfully and with intent to injure the person of or to alarm 35 Her Majesty, or to break the public peace, or so as to endanger the public peace, (i.) Points, aims, or presents at or near her person any firearm,

loaded or not, or any other kind of arm ; or (ii.) Discharges at or near her person any loaded arms; or 40

A.D. 1878.

(iii.) Discharges or causes to be discharged any explosive material

near her person ; or
(iv.) Strikes, or strikes at, her person in any manner whatever; or
(v.) Throws anything at or upon her person; or
(vi.) Attempts to do any of the things specified in this subsection.

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SECTION 41.

CONTEMPTS AGAINST THE QUEEN.

Everyone shall be guilty of an indictable offence, and shall upon conviction thereof be liable to imprisonment, who is guilty of any 10 contempt against the person of Her Majesty, or her royal dignity, by

means of any contumacious, insulting, or disparaging words, acts, or gestures.

SECTION 42.

APPLICATION OF THIS CHAPTER.

15 This chapter shall apply to all acts done by any natural born or

naturalized subject of Her Majesty in any part of the world.

CHAPTER VI.

UNLAWFUL ASSEMBLIES, RIOTS, BREACHES OF THE

PEACE.

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SECTION 43.

DEFINITION OF AN UNLAWFUL ASSEMBLY.

An unlawful assembly is an assembly of three or more persons---
(a.) With intent to commit any offence by open force; or

(6.) With intent to carry out any common purpose, lawful or 25 unlawful, in such a manner as to give persons in the neighbourhood

of such assembly reasonable grounds to apprehend a breach of the peace in consequence of such assembly.

An unlawful assembly continues to be an unlawful assembly after it has made and whilst it is making a motion towards the excention 30 of the purpose which makes it unlawful.

SECTION 44.

DEFINITION OF A RIOT.

A riot is a breach of the peace committed by an assembly of three or more persons to the terror of Her Majesty's subjects.

A.D. 1878.

It is immaterial whether the assembly was or was not unlawful when the persons composing it first met together.

SECTION 45.

PUNISHMENT OF UNLAWFUL ASSEMBLY AND RIOT. Every member of an unlawful assembly shall be guilty of an indict- 5 able offence, and shall be liable upon conviction thereof to imprisonment.

Every rioter shall be guilty of an indictable offence, and shall be liable upon conviction thereof to be imprisoned for two years with hard labour.

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SECTION 46.

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AFFRAYS AND PROVOCATION TO BREACHES OF THE PEACE. Every person shall be guilty of an indictable offence, and shall be liable upon conviction thereof to imprisonment, who

(a.) Fights with any other person in any public place to the 15 terror of Her Majesty's subjects; or

(6.) Endeavours by any means to provoke any person to fight or challenge him the offender to fight or to commit a breach of the peace. SECTION 47.

20 RIOTS PUNISHABLE WITH PENAL SERVITUDE FOR LIFE. Everyone shall be guilty of an indictable offence, and shall be liable upon conviction thereof to penal servitude for life, who

(a.) Wilfully and knowingly prevents any person from making the proclamation appointed to be made in certain cases of riot by an 25 Act passed in the first year of His late Majesty King George I., statute 2, chapter 5; or

(6.) Who remains or continues unlawfully, riotously, and tumultuously assembled together with other persons to the number of twelve for one hour after the proclamation aforesaid was made; 30 or if he knows that its making was prevented, for one hour after it would have been made if it had not been prevented as aforesaid ;

or

or

(c.) Who, being riotously and tumultuously assembled together with more than two other persons to the disturbance of the public 35 peace, unlawfully and with force demolishes or pulls down destroys any building or any machinery whatever, whether fixed or moveable, or any structure used in conducting the business of any mine, or any bridge, waggon way or trunk for conveying minerals from any mine, or who begins to do any such thing.

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A.D. 1878.

SECTION 48.

RIOTOUS DAMAGE OF HOUSES, &c. All persons shall be guilty of an indictable offence, and shall be liable on conviction thereof to seven years penal servitude, who, 5 being so assembled as is mentioned in subsection (c.) of the last

section, unlawfully and with force injure or damage any of the things mentioned in that subsection.

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SECTION 49.

UNLAWFUL DRILLING.

10 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.

(a.) Every person shall be guilty of an indictable offence, and shall 15 be liable upon conviction thereof to seven years penal servitude, who, without lawful authority (i.) 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 20 (ii.) trains or drills any other person

at any such assembly to the
use of arms or the practice of military exercise, movements, or

evolutions; or
(iii.) aids or assists therein.

(6.) Every person shall be guilty of an indictable offence, and shall 25 be liable upon conviction thereof to imprisonment, 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 without

lawful authority. 30

SECTION 50.

THREE PERSONS ARMED IN PURSUIT OF GAME BY NIGHT.

Everyone shall be guilty of an indictable offence, and shall be liable upon conviction thereof to fourteen years penal servitude,

Who, with two or more other persons together, between the end 35 of the first hour after sunset and the beginning of the last hour

before sunrise, unlawfully enters or is on any land, whether open or enclosed, for the purpose of taking or destroying hares, pheasants, partridges, grouse, heath or moor game, black game, bustards, or

rabbits, any of such persons being, to the knowledge of the offender, 40 armed with any gun, crossbow, firearms, bludgeon, or other offensive weapon.

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