c. 104., or to take any oath not required or authorised by law; and every society or club, 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 order to become, or in consequence of being a member or members of such society or club; and every society or club, the members or any member whereof shall be required or admitted to take, subscribe, or assent to, or shall take, subscribe, or assent to any test or declaration not required or authorised by law, in whatever manner or form such taking or assenting shall be performed, whether by words, signs, or otherwise; either on becoming or in order to become, or in consequence of being a member or members of any such society or club; and every society or club that shall elect, appoint, nominate, or employ any committee, delegate or delegates, representative or representatives, missionary or missionaries, to meet, confer or communicate with any other society or club, or with any committee, delegate or delegates, representative or representatives, missionary or missionaries, of such other society or club, or to induce or persiade any person or persons to become members thereof, shall be deemed and taken to be unlawful combinations and confederacies, within the meaning of 39 G. 3. c. 79., and shall and may be prosecuted, proceeded against, and punished, according to the provisions of the said act; and every person who, from and after the passing of this act, shall become a member of any such society or club, or who, after the passing of this act, shall act as a member thereof, and every person who, from and after the passing of this act, shall directly or indirectly maintain correspondence or intercourse with any such society or club, or with any committee or delegate, representative or missionary, or with any officer or member thereof, as such, or who shall, by contribution of money or otherwise, aid, abet, or support such society or club, or any members or officers thereof, as such, shall be deemed guilty of an unlawful combination and confederacy within the intent and meaning of the said 39 Geo. 3. c. 79.; and shall and may be proceeded against, prosecuted, and punished, according to the provisions of the said act, with regard to the prosecution and punishment of unlawful combinations and confederacies." § 26. Provides, that nothing in this act contained shall extend to lodges of Freemasons, complying with the regulations of 39 Geo. 3. c. 79.; nor to any declaration approved and subscribed by two or more justices of the peace, and confirmed by the major part of the justices present at a general session, or at a general quarter sessions of the peace, pursuant to the regulations of 39 Geo. 3. c. 79., nor to any meeting of quakers; or to any meeting or society formed or assembled for purposes of a religious or charitable nature only, and in which no other matter or business whatsoever shall be treated of or discussed. § 27. After reciting statute 39 Geo. 3. c. 79. § 2. enacts, that the said enactment shall not extend to any meeting of quakers, or to any meeting or society formed or assembled for purposes of a religious or charitable nature only, and in which no other matter or business whatsoever shall be treated of or discussed. § 28. "If any person shall knowingly permit any meeting of any society or club hereby declared to be an unlawful combination or confederacy, or of any division, branch, or committee of such society or club, to be held in any house or apartment, building, or other place, to him or her belonging, or in his or her possession or occupation, such person shall, for the first offence, forfeit the sum of five pounds, and shall, for any such offence committed after the date of his or her conviction for such first offence, be deemed guilty of an unlawful combination and confederacy, in breach of this act." § 29. "It shall be lawful for any two or more justices of the peace, acting for any county, stewartry, riding, division, city, town or place, upon evidence on oath that any meeting of any society or club hereby declared to be an unlawful combination and confederacy, or any meeting for any seditious purpose, hath been held, after the passing of this act, at any house, room or place, licensed for the sale of ale, beer, wine or spirituous liquors with the knowledge and consent of the person keeping such house, room or place, to adjudge and declare the licence or licences for selling ale, beer, wine or spirituous liquors, granted to the person or persons keeping such house, room or place, to be forfeited; and the person or persons so keeping such house, room or place, shall from and after the day of the date of such adjudication and declaration, and notice thereof given to him, her or them, be subject and liable to all and every the penalties and forfeitures for any act done after that day, which such person or persons would be subject and liable to, if such licence or licences had expired, or otherwise determined on that day." 30. All pecuniary fines, penalties or forfeitures, exceeding 201. incurred under this act, in England, Wales, or Berwick-upon-Tweed, may be recovered by action of debt in any of his majesty's courts of record at Westminster, and in Scotland in the court of session there; and it shall be sufficient to declare in England or conАаз clude clude in Scotland, that the defendant or defender is indebted to the plaintiff or par suer in the sum of (being the sum demanded by the said action) being forfeited by an act made in the 57th year of the reign of his present majesty, intituled An act for the more effectually preventing seditious meetings and assemblies; and the plaintiff or pursuer, if he shall recover in such action, shall have his full costs or expences; and any pecuniary penalty imposed by this act not exceeding 20l., and for the recovery whereof no provision is herein before contained, may be recovered before any justice of the peace for the county, city, town, or place, in which the same shall be incurred, or the person having incurred the same shall happen to be, in a summary way and in case such last-mentioned penalty shall not be forthwith paid, such justice shall by warrant under his hand and seal, and directed to any constable or other peace officer, cause the same to be levied by distress and sale of the offender's goods and chattels, together with all costs and charges attending such distress and sale; and in case no sufficient distress can be had or made, such justice shall commit the offender to the common gaol or house of correction for such county, city, town or place, there to remain without bail or mainprise, for any time not exceeding six calendar months, nor less than three calendar months: Provided always, that no person shall be prosecuted or sued for any pecuniary penalty imposed by this act, unless such prosecution shall be commenced, or action brought within three calendar months next after such penalty shall have been incurred. 31. All penalties and forfeitures shall, when recovered, be disposed of thus; one moiety thereof to the plaintiff in any action, or to the informer before any justice, and the other moiety thereof to his majesty. § 32. Any action and suit which shall be brought against any justice of the peace, constable, peace officer, or other person, in England, Wales, or the town of Berwickupon-Tweed, for any thing done in pursuance of this act, shall be commenced within three calendar months next after the fact committed, and the venue in every such action or suit shall be laid in the proper county where the fact was committed, and not elsewhere; and the defendant in every such action or suit may plead the general issue, and give this act and the special matter in evidence at any trial; and if such action or suit shall be brought or commenced after the time limited, or the venue shall be laid in any other place than as aforesaid, the jury shall find a verdict for the defendant; and in such case or if the jury shall find a verdict for the defendant upon the merits, or if the plaintiff shall become non-suit, or discontinue his action after appearance, or if upon demurrer, judgment shall be given against the plaintiff, the defendant shall have double costs; which he may recover in such manner as any defendant can by law in other cases. § 33. Every action and suit which shall be brought or commenced against any person in Scotland, for any thing done or acted in pursuance of this act, shall in like manner be commenced within three calendar months after the fact committed, and shall be brought in the court of session in Scotland; and the defender may plead that the matter complained of was done in pursuance of this act, and may give this act and the special matter in evidence; and if such action or suit shall be brought or commenced after the time limited, the same shall be dismissed; and in such case, or if the defender shall be assoilzied, or the pursuer shall suffer the action or suit to fall asleep, or a decision shall be pronounced against the pursuer upon the relevancy, the defender shall have treble costs or expences; which he may recover in such manner as any defender can by law recover costs or expences in other cases. 35. Nothing in this act contained shall be deemed to take away or abridge any provision already made by the law of this realm, or of any part thereof, for the suppression or punishment of any offence whatsoever described in this act. § 36. Provides that no person shall be prosecuted under this act, for having been a member of any society or club declared hereby to be an unlawful combination and confederacy, if such person shall not have acted as a member, after the passing of this act; but that nothing in this act shall extend to prevent any prosecution, by indictment or otherwise, for any thing which shall be an offence within this act, and which might have been so prosecuted if this act had not been made: provided always that no person who shall be prosecuted and convicted or acquitted of any offence against this act, shall be liable to be again prosecuted for the same offence. § 37. In case any proceeding or prosecution shall be instituted, for any offence committed against the 39 Geo. 3. c. 79. or this act, either by action, or by information before any justice or otherwise, the Attorney General in England, or the Lord Advocate of Scotland may order any such proceeding to be stayed; and in case of any judgment or conviction, &c. one of his majesty's principal secretaries of state may, by an order under his hand, stay the execution of such judgment or conviction, or mitigate or remit any fine or forfeiture, or any part thereof. 1 39. This 39. This act not to extend to Ireland. By stat. 60 G. 3. c. 6. intituled "An act for more effectually preventing seditious meetings and assemblies; to continue in force until the end of the session of parliament next after five years from the passing of the act, viz. (24th December 1819.") § 1. After reciting, that "whereas in divers parts of this kingdom, assemblies of large numbers of persons collected from various parishes and districts, under the pretext of deliberating upon public grievances, and of agreeing on petitions, complaints, remonstrances, declarations, resolutions, or addresses upon the subject thereof, have of late been held, in disturbance of the public peace, to the great terror and danger of his majesty's loyal and peaceable subjects, and in a manner manifestly tending to produce confusion and calamities in the nation; it is enacted, that no meeting of any description of persons, exceeding the number of 50 persons (other than and except any meeting of any county, or division of any county, called by the lord lieutenant, governor, or custos rotulorum, or the sheriff of such county, or any meeting of any riding of any county called by the lord lieutenant or custos rotulorum of such riding, or by the sheriff of the same county; or any meeting called by the sheriff or stewart depute, or substitute, or by the convener of any county or stewartry, or any meeting called by five or more acting justices of the peace of the county, stewartry, or place where such meeting meeting shall be holden; or any meeting of any riding or division of any county having different ridings or divisions, called by five or more justices of such riding or division; or any meeting called by the major part of the grand jury of the county where such meeting shall be holden, at the assizes for the said county; or any meeting of any city, borough, or town corporate, called by the mayor or other head officer of such city, borough, or town corporate; or any meeting of any ward or division of any city, called by the alderman or other head officer of such ward or division, or any meeting of any corporate body), shall be holden for the purpose or on the pretext of deliberating npon any publie grievance, or upon any matter or thing relating to any trade, manufacture, business, or profession, or upon any matter in church or state; or of considering, proposing, or agreeing to any petition, complaint, remonstrance, declaration, resolution, or address upon the subject thereof; unless in the parish, or when any parish shall be divided into townships, having separate and distinct overseers of the poor, then in the township within which the persons calling any such meeting shall usually inhabit or dwell; nor unless notice in writing of the intention to hold such meeting, and of the time and place when and where, and of the purpose for which the same shall be proposed to be holden, shall be delivered personally to some justice of the peace residing in or near to such parish or township, and usually acting for the district or division within which such parish or township shall be situate, six days at the least before such meeting shall be proposed to be holden as aforesaid; nor unless such notice shall be subscribed by seven persons at the least, being householders usually resident within the parish or township (as the case may be), where such meeting shall be proposed to be holden; nor unless the respective places of abode and descriptions of such persons be inserted in such notice." § 2. Provides, "that it shall be lawful for the justice of the peace to whom any such notice as aforesaid shall be delivered, to alter the time and place, or either of them, mentioned in such notice for holding any such proposed meeting, and to fix any other convenient time, being not more than four days from and after the day proposed in the notice, or any other convenient place within the parish or township for which such meeting is intended to be held as aforesaid; and in every such case the said justice of the peace shall notify in writing every such alteration, and either give such notification to the person who shall deliver the notice, or leave such notification at any time within two days after the delivery to the said justice of such notice as aforesaid, at the place of abode specified in such notice, of any one of the seven persons subscribing the same; and the said meeting, if held, shall not in any such case be held on any other time, or at any other place, than shall be so fixed by the said justice of the peace." 3. Enacts," that it shall not be lawful to adjourn any meeting that shall be holden at any time or place mentioned in any such notice, or so altered as aforesaid to any subsequent time, or to any other place than shall have been so mentioned in such notice, or so altered as aforesaid; and that every meeting which shall be holden by way of or under pretence of being an adjourned meeting, at any other time or place than the time or place mentioned in such notice, or so altered as aforesaid, for the purpose or on the pretext of deliberating upon any public grievance, or upon any matter or thing relating to any trade, manufacture, business, or profession, or upon any matter in church or state, or of considering, proposing, or agreeing to any petition, complaint, remonstrance, declaration, resolution, or address, upon the subject thereof, shall be deemed and taken to be an unlawful assembly." § 4. Enacts," that no person (other than and except justices of the peace, sheriffs, A a 4 under under-sheriffs, constables, or other peace officers, or other persons acting under their authority, or in their aid or assistance), shall attend any meeting whatever exceeding the number of 50 persons, which shall be holden for the purpose or on the pretext of deliberating upon any public grievance, or upon any matter or thing relating to any trade, manufacture, business, or profession, or upon any matter in church or state, or of considering, proposing, or agreeing to any petition, complaint, remonstrance, declaration, resolution or address, upon the subject thereof, unless such person, when the meeting shall be holden for any county, riding, division or stewartry, shall be a freeholder, copyholder, heritor, or householder of, or an inhabitant usually residing in the county or riding, or division of the county or stewartry, within and for which the meeting shall be holden, or a freeman or member of the corporation, if the meeting be of any corporate body, or a householder of, or an inhabitant usually residing, or a freeholder or copyholder having an estate in lands of the annual value of 50l., of which he shall have been in possession 12 months, in the city, borough, or town corporate, parish or township (as the case may be), within and for which any such meeting shall be holden: provided always, that nothing herein contained shall extend, or be construed to extend, to any member of the commons house of parliament, attending any such meeting as aforesaid, in any county, city, borough, town, or place for which he shall be serving in parliament; nor to any person having a right to vote for a member to serve in parliament for any city, borough, town, or place, attending any meeting of such city, borough, town, or place, which may be called by the mayor or other head officer." 5. Enacts, "that if any person shall knowingly and wilfully attend any meeting holden for the purpose or on the pretext of deliberating upon any public grievance, or upon any matter or thing relating to any trade, manufacture, business, or profession, or upon any matter in church or state, or of considering, proposing, or agreeing to any petition, complaint, remonstrance, declaration, resolution, or address, upon the subject thereof, not being a freeholder, copyholder, heritor, or householder of or inhabitant usually residing in the county or riding, or division of the county, or the stewartry, within and for which the meeting shall be holden, when such meeting shall be holden for any county, riding, division, or stewartry, or not being a freeman or member of the corporation if the meeting be of any corporate body, or a householder of or inhabitant usually residing, or frecholder or copyholder having such estate as aforesaid, in the city, borough, or town corporate, parish or township (as the case may be), within and for which any such meeting shall be holden, and not being such meniber of the commons house of parliament, attending as aforesaid, such person being convicted thereof, shall be liable to be punished by fine and imprisonment, not exceeding 12 calendar months, at the discretion of the court in which the conviction shall be had." 6. Enacts, "that all justices of the peace, sheriffs and under-sheriffs, mayors, and other head officers aforesaid, are hereby respectively authorised and empowered, within their respective jurisdictions, where any meeting or assembly shall be holden, or be proposed to be holden, for the purpose or on the pretext of deliberating upon any public grievance, or upon any matter or thing relating to any trade, manufacture, business, or profession, or upon any matter in church or state, or of considering, proposing, or agreeing to any petition, complaint, remonstrance, declaration, resolution or address, upon the subject thereof, to proceed to the place where such meeting or assembly shall be holden, or shall be proposed to be holden, and there to do or order or cause to be done all such acts, matters and things, as the case may require, which they are hereby enabled to do, or to order to be done, or which they are otherwise by law enabled or entitled to do, or to order to be done; and it shall be lawful for all justices of the peace, sheriffs, under-sheriffs, mayors, and other head officers respectively as aforesaid, to require and take the assistance of any number of constables, or other officers of the peace, within the district or place wherein such meeting as herein-before mentioned shall be holden, or any other persons in their aid or assistance, when they shall deem such aid or assistance to be necessary and requisite." § 7. Enacts," that in case any meeting shall be holden in pursuance of any such nctice as aforesaid, and such notice shall express or purport that any matter or thing by law established may be altered otherwise than by the authority of the king, lords, and commons, in parliament assembled; or shall tend to incite or stir up the people to hatred or contempt of the person of his majesty, his heirs or successors, or of the government and constitution of this realm, as by law established; every such meeting shall be deemed and taken to be an unlawful assembly." 8. Enacts "that if any person or persons shall attend any meeting whatever, holden for the purpose or on the pretext of deliberating upon any public grievance, or upon any matter or thing relating to any trade, manufacture, business, or profession, or upon any matter in church or state, or of considering, proposing, or agreeing to any petition, com plaint, plaint, remonstrance, declaration, resolution or address, upon the subject thereof, contrary to the provisions of this act, it shall be lawful for any one or more justice or justices of the peace in and for any county, or the sheriff or under-sheriff of any county, or the mayor or other head officer, or any justice of the peace of any city or town corporate, within which any such meeting shall be held, to make or cause to be made proclamation in the king's name, in the form directed in this act, commanding every person so unlawfully attending any such meeting immediately and peaceably to depart therefrom; and if any person or persons so ordered to depart as aforesaid, shall not, upon such proclamation, depart from any such meeting within the space of a quarter of an hour after such proclamation made, that then and in every such case, every such person so continuing and not departing as aforesaid, shall, upon being thereof lawfully convicted, be adjudged to be guilty of felony, and shall be liable to be transported for any period not exceeding seven years." § 9. Enacts, "that the order and form of the proclamation to be made as aforesaid, shall be as hereafter followeth, (that is to say,) the justice of the peace or other person, or one of the justices of peace, or one of the other persons authorised by this act to make the said proclamation, shall, among the said persons assembled, or as near to them as he can safely come, with a loud voice, command or cause to be commanded silence to be, while proclamation is making; and after that shall openly, and with loud voice make or cause to be made proclamation in these words, or to the like effect : "Our sovereign lord the king chargeth and commandeth every person here assembled, who is not a [freeholder, heritor of freeman of member of —, householder of, or inhabitant usually residing, or freeholder in, or copyholder in , naming the county, riding, division, stewartry, city, borough, town, body corporate, parish or township, as the case may be,] or who is not entitled to attend this meeting, immediately to depart from this meeting to his lawful business.-God save the king." § 10. Enacts," that when any such proclamation as aforesaid shall have been made at any meeting, it shall be lawful for any person lawfully attending such meeting, to seize and apprehend any person not entitled to attend such meeting, who shall not upon the making of such proclamation forthwith depart, and to carry such person before any justice of the peace of the county, riding, division, stewartry, city, or town corporate, within which such meeting shall be held, to be dealt with according to law." 11. Enacts," that it shall be lawful for any one or more justice or justices of the peace in and for any county, or for the sheriff or under-sheriff of any county, or for the mayor or other head officer, or any justice of the peace of any city or town corporate, within which any meeting shall be held, or persons shall assemble for the purpose of holding any meeting contrary to the provisions of this act, or where any person or persons not entitled to attend any meeting or assembly as aforesaid, shall refuse or neglect to depart therefrom for the space of a quarter of an hour after such proclamation made as aforesaid, to make or cause to be made proclamation in the king's name, in the manner and form hereinafter directed, to command all persons there assembled to disperse themselves, and peaceably to depart to their habitations, or to their lawful business; and if any such persons so assembled as aforesaid shall, to the number of twelve or more notwithstanding such proclamation made, continue together by the space of half an hour after such proclamation made, that then and in every such case every person so continuing, being thereof legally convicted, shall be adjudged guilty of felony, and be liable to be transported for any term not exceeding seven years. 12. Enacts, "that the order and form of the proclamation to be made as aforesaid, shall be as hereafter followeth; (that is to say,) the justice or justices of the peace, or other person authorised by this act to make such proclamation, shall, among the said persons assembled, or as near to them as he can safely come, with a loud voice, command or cause to be commanded silence to be, while proclamation is making, and after that shall openly, and with loud voice, make or cause to be made proclamation in these words, or to the like effect: "Our sovereign lord the king chargeth and commandeth all persons here assembled, immediately to disperse themselves, and peaceably to depart to their habitations, or to their lawful business.-God save the king." 13. Enacts," that if one or more justice or justices of the peace present at any meeting requiring such notice as aforesaid, shall think fit to order any person or persons who shall attend such meeting in any manner contrary to the provisions of this act, or who shall at such meeting proceed to propound or maintain any proposition for altering any thing by law established, otherwise than by the authority of the king, lords, and commons, in parliament assembled, or shall wilfully and.advisedly make any proposition, or hold any discourse for the purpose of inciting and stirring up the people to hatred or contempt of the person of his majesty, his heirs or successors, or the government and constitution |