Page images
PDF
EPUB

constitution of this realm as by law established, to be taken into custody, to be dealt with according to law; and in case the said justice or justices, or any of them, or any peace officer acting under his or their or any of their orders, shall be forcibly obstructed in taking into custody any person or persons so ordered to be taken into custody, then and in such case it shall be lawful for any such justice or justices thereupon to make or cause to be made such proclamation as last aforesaid, in manner aforesaid; and if any persons to the number of twelve, or more, being required or commanded by such proclamation to disperse themselves, and peaceably to depart as last aforesaid, shall, to the number of twelve or more, notwithstanding such proclamation made, remain or continue together by the space of half an hour after such command or request made by proclamation, that then such continuing together to the number of twelve or more, after such command or request made by proclamation, shall be adjudged felony, and the offen'ders therein shall be adjudged felons, and shall be liable to be transported for any term not exceeding seven years."

14. Enacts," that if any person or persons do or shall, with force and arms, wilfully and knowingly oppose, obstruct, or in any manner wilfully and knowingly let, hinder, or hurt any justice of the peace, or other person authorised as aforesaid, or any person acting in aid or assistance of any justice of the peace who shall attend or disperse any such meeting as aforesaid, or shall be going to attend or to disperse any such meeting, or any justice of the peace or peace officer, or any person or persons acting in aid or assistance of any justice of the peace or other officer who shall begin to proclaim, or be going or endeavouring to make any proclamation authorised or directed to be made under the provisions of this act, whereby such proclamation shall not be made; and also if any persons so being assembled as aforesaid, to whom any such proclamation as aforesaid should or ought to have been made, if the same had not been hindered as aforesaid, shall, to the number of twelve or more, continue together, and not disperse themselves within half an hour after such let or hindrance so made, having knowledge of such let or hindrance so made; and also if any person so being at any such assembly as aforesaid shall, with force and arms, wilfully and knowingly oppose, obstruct, or in any manner wilfully and knowingly let, hinder, or hurt any justice of the peace or other magistrate, or any peace officer or other person acting in their aid or assistance, in the arresting, apprehending, or taking into custody, or detaining, in execution of any of the provisions of this act, any person or persons, or endeavouring so to do, that then and in every such case every person so offending, being thereof legally convicted, shall be adjudged guilty of felony, and be liable to be transported for any term not exceeding

seven years.

[ocr errors]

§ 15. Enacts," that if the persons assembled at any meeting or assembly held contrary to the provisions of this act, or which shall become and be an unlawful assembly, under the provisions of this act, or any of them, shall happen to be killed, maimed, or hurt, in the dispersing, or endeavouring to disperse, or arresting or apprehending or detaining them, or any of them, or in the endeavouring so to do, by reason of their resisting the persons so dispersing, seizing, or apprehending, or endeavouring to disperse, seize, or apprehend them, that every such justice of the peace, sheriff, under-sheriff, mayor, head officer, magistrate, high or petty constable, or other peace officer, and all 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 continuing together as aforesaid, that shall happen to be so killed, maimed, or hurt as aforesaid."

§ 16. Provides, that nothing herein-before contained shall extend to any meeting or assembly which shall be wholly holden in any room or apartment of any house or building.

17. Provides also, that nothing in this act contained shall extend to any meeting held in any county, stewartry, city, borough, town, or place, returning any member to serve in parliament, after the issuing and before the return of any writ for the election of any member to serve in parliament for such county, stewartry, city, borough, town, or place.

18. Declares and enacts, "that it shall not be lawful for any person to attend, proceed to, or be present at any meeting whatsoever, which shall be holden for the purpose or on the pretext of deliberating upon, or proceeding to deliberate 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, on the subject thereof, armed with any gun, pistol, sword, dagger, pike, bludgeon, or other offensive weapon; and that every person who shall offend in the premises, shall, upon being convicted thereof, be fined and imprisoned for any term not exceed

ing two years, at the discretion of the court before which such conviction shall be had: provided always, that nothing herein contained shall extend, or be construed to extend to any justice of the peace, sheriff, under-sheriff, mayor, or other head officer aforesaid, or to any peace officer, or to any other person or persons acting in their aid or assistance, who shall attend, proceed to, or be present at any such meeting as aforesaid."

19. Enacts," that it shall not be lawful for any person to attend, proceed to, or be present at, or return from any meeting whatever, which shall be holden for the purpose or on the pretext of deliberating upon, or proceeding to deliberate 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, on the subject thereof, with any flag, banner, or ensign, or displaying or exhibiting any device, badge, or emblem, or with any drum or military or other music, or in military array or order; and that every person who shall offend in the premises, shall, upon being convicted thereof, be fined and imprisoned for any term not exceeding two years, at the discretion of the court before which such conviction shall be had."

20. Enacts," that the sheriffs depute and their substitutes, stewards depute and their substitutes, justices of the peace, magistrates of royal burghs, and all other inferior judges and magistrates, and also all high and petty constables, or other peace officers of any county, stewartry, city, or town, within that part of the united kingdom called Scotland, shall have such and the same powers and authorities for putting this present act in execution within Scotland, as the justices of the peace, and peace officers and constables aforesaid, respectively have, by virtue of this act, within and for other parts of the united kingdom.'

§ 21. Enacts, that it shall be lawful for the justices of the peace, assembled at any quarter or general sessions of the peace, in any case in which they shall deem it expedient for the purpose of preventing tumultuous meetings, to divide any parish or township within their jurisdiction, having a population exceeding, in the judgment of the said justices, 20,000 inhabitants, into two or more divisions, for all the purposes of this act, and to assign the boundaries of such divisions; and that a registry of such divisions so made, specifying and describing the boundaries so assigned, shall be entered with the clerk of the peace of the county, riding, or division within which such parish or township is situate, and a duplicate thereof shall be transmitted to the churchwardens and overseers of the poor, or to the minister and elders, or to the kirk session of the parish or township so divided, to be by them preserved and kept with the books of such parish or township, and copies thereof shall be put up, and from time to time (in case of the removal) replaced, upon the doors of the church of such parish or township; and when any such parish or township shall be so divided, each of such separate divisions shall, for all the purposes of this act, be deemed a separate parish or township; and all the clauses, provisions, regulations, matters, and things in this act contained, relating to any assemblies or meetings in parishes or townships, shall apply and be enforced, as to all such separate division of parishes or townships, as fully and effectually as if the same were severally and separately repeated and re-enacted in relation thereto : provided always, that no such division shall contain a population, which in the judgment of the said justices shall consist of less than 10,000 persons.

[ocr errors]

22. Enacts," that every extra-parochial place shall be deemed and taken to be a parish or township, for all the purposes of this act; and all the clauses, provisions, regulations, matters, and things in this act contained, relating to any assemblies or meetings in parishes or townships, shall apply and be enforced as to all extra-parochial places, as fully and effectually as if the same were severally and separately repeated and re-enacted in relation thereto."

§ 23. And whereas by an act passed in the 57th year of the reign of his present Majesty, intituled "An Act for the more effectually preventing seditious meetings and assemblies," certain regulations are enacted in relation to meetings in the city or liberties of Westminster, or county of Middlesex, which might prevent any meeting under the provisions of this act in the parishes of Saint John and Saint Margaret, Westminster; it is therefore enacted," that it shall be lawful to hold any meetings in such parishes respectively, which may be held under the provisions of this act, within the distance of one mile from the gate of Westminster Hall, provided that the same shall not be held in Old or New Palace Yard at any time during the sitting of parliament."

24. Enacts and declares, "that nothing herein contained shall be deemed or construed to render lawful any notice, or any assembly or meeting, or any act or thing which may be done at any assembly or meeting in pursuance of any such notice, or the attendance of any person or persons, which notice, assembly, meeting, act, or attendance, would have been contrary to law if this act had not been made."

§ 25. Enacts, "that nothing in this act contained shall extend to prevent any prose

cution by indictment or otherwise, for any thing which may be an offence within the intent and meaning of this act, and which might have been so prosecuted if this act had not been made, unless the offender shall have been prosecuted for such offence under this act, and convicted or acquitted of such offence."

§ 26. “And whereas it is expedient that houses and places used for the purpose of publicly delivering lectures, or of holding debates, should be regulated;" it is therefore enacted, "that every house, room, field, or other place, at or in which any person shall publicly read, or at or in which any lecture or discourse shall be publicly delivered, or any public debate shall be had, on any subject whatever, for the purpose of raising or collecting money, or any other valuable thing, from the persons admitted, or to which any person shall be admitted by payment of money, or by any ticket or token of any kind delivered in consideration of money, or any other valuable thing, or in consequence of paying or giving, or having paid or given, or having agreed to pay or give, in any manner, any money or other valuable thing, or where any money or other valuable thing shall be received from any person admitted, either under pretence of paying for any refreshment or other thing, or under any other pretence, or for any other cause, or by means of any device or contrivance whatever, shall be deemed a disorderly house or place, unless the same shall have been previously licensed in manner hereinafter mentioned; and the person by whom such house, room, field, or place, shall be opened or used, for any of the purposes aforesaid, shall forfeit the sum of 100l. for every day or time that such house, room, field, or place shall be opened or used as aforesaid, to such person as will sue for the same, and be otherwise punished as the law directs in cases of disorderly houses and every person managing or conducting the proceedings, or acting as moderator, president, or chairman, at such house, room, field, or place, so opened or used as aforesaid, or therein debating, publicly reading, or delivering any discourse or lecture; and also every person who shall pay, give, collect, or receive, or agree to pay, give, or receive any money or thing, for or in respect of the admission of any person into any such house, room, field, or place, or shall deliver out, distribute, or receive any such ticket or tickets, or token or tokens as aforesaid, knowing such house, room, field, or place to be opened or used for any such purpose as aforesaid, shall for every such offence forfeit the sum of 20%..

27. Enacts," that every person who shall at any time hereafter appear, act, or behave him or herself as master or mistress, or as the person having the command, or government, or management of any such house, room, field, or place as aforesaid, shall be deemed and taken to be a person by whom the same is opened or used as aforesaid, and shall be liable to be sued or prosecuted, and punished as such, notwithstanding he or she be not in fact the real owner or occupier thereof."

28. Enacts," that it shall be lawful for any justice or justices of the peace of any county, stewartry, city, borough, town or place, who shall by information upon oath have reason to suspect that any house, room, field, or place, or any part or parts thereof, are or is opened or used for the purpose of publicly reading or delivering lectures or discourses, or for public debate, contrary to the provisions of this act, to go to such house, room, field, or place, and demand to be admitted therein; and in case such justice or justices shall be refused admittance to such house, room, field, or place, or any part thereof, the same shall be deemed a disorderly house or place, within the intent and meaning of this act; and all and every the provisions hereinbefore contained respecting any house, room, field, or place hereinbefore declared to be a disorderly house or place, shall be applied to such house, room, field, or place, where such admittance shall have been refused as aforesaid; and every person refusing such admittance shall forfeit the sum of 20/."

$29. Provides" that it shall be lawful for two or more justices of the peace for the county, riding, division, stewartry, city, borough, town or place, where any house, room, or other buildings shall be intended to be opened for any of the purposes aforesaid, by writing under their hands and seals, at the quarter or general sessions of the peace, or at any special session to be held for the particular purpose, to grant a licence, to any person or persons desiring the same, to open such house, room, or other building for the purpose of delivering, for money, any such public reading, lectures, or discourses as aforesaid, or for the purpose of holding debates on any subjects, the same being clearly expressed in such licence; for which licence a fee of one shilling and no more shall be paid; and the same shall be in force for the space of one year and no longer, or for any less space of time therein to be specified; and which licence it shall be lawful for the justices of the peace of the same county, stewartry, city, borough, town, or place, at any general quarter or general sessions of the peace, to revoke and declare void and no longer in force, by any order of such justices, a copy whereof shall be delivered to or served upon the person to whom the said licence so revoked shall

have been granted, or shall be left at the house, room, or building for which such licence shall have been granted; and thereupon such licence shall cease and determine, and be thenceforth utterly void and of no effect."

§ 30. Provides and enacts, "that it shall be lawful for any justice or justices of the peace of any county, stewartry, city, borough, town, or place, where any such house, room, or other building shall be licensed as herein provided, to go to such house, room, or building so licensed, at the time of any such public reading, or delivering any such lecture or discourse, or of holding any debate therein as aforesaid, or at the time appointed for any such public reading, or delivering any such lecture or discourse, or of holding any debate, and demand to be admitted therein; and in case such justice or justices shall be refused admittance to such house, room, or building, the same shall be deemed, notwithstanding any such licence as aforesaid, a disorderly house or place within the meaning of this act; and all and every the provisions herein-before contained respecting any house, room, field, or place, herein-before declared to be a disorderly house or place, shall be applied to such house, room, or building so licensed as aforesaid, where such admittance shall have been refused as aforesaid; and every person refusing such admittance shall forfeit the sum of 20l. to any person who shall sue for the same."

31. Provides and enacts," that nothing in this act contained shall extend or be construed to extend to any lecture or discourses to be delivered in any of the universities of the united kingdom, by any member thereof, or any person authorised by the chancellor, vice chancellor, or other proper officers of such universities respectively; or to any public reading, or lecture or discourse, to be delivered in the public hall of any of the inns of court or chancery, by any person authorised by the benchers of the inns of court; or by the professors in Gresham college; or to the professors in the college established for the education of the civil servants of the East India company, or the seminaries established for the education of their military service; or to any society or body of men incorporated or established by royal charter, or by authority of parliament; and that no payment made to any schoolmaster, or other person by law allowed to teach and instruct youth, in respect of any public readings, or lectures or discourses, delivered by such schoolmaster, or other person, for the instruction only of such youth as shall be committed to his instruction, shall be deemed a payment of money for admission to public readings, or such lectures or discourses, within the intent and meaning of this act."

32. Provides and enacts, "that it shall be lawful for any two justices of the peace, acting for any county, stewartry, riding, division, city, town, or place, upon evidence on oath that any house, room, or place, so licensed and opened as aforesaid, is commonly used for the purpose of public reading or delivering lectures or discourses of a seditious, irreligious or immoral tendency, to adjudge and declare the licence for opening the same to have been forfeited; and such licence shall thereupon cease and determine and shall thenceforth be utterly void and of no effect."

33. Enacts, "that all or any of the pecuniary fines, penalties, or forfeitures, exceeding the sum of 20l. incurred under this act in that part of Great Britain called England, or in Ireland, may be recovered by action of debt in any of his majesty's courts of record at Westminster and Dublin respectively, and in Scotland in the court of session there; and it shall be sufficient to declare in that part of Great Britain called England, and in Ireland, or conclude in Scotland, that the defendant or defender is indebted to the plaintiff or pursuer in the sum of- (being the sum demanded by the said action), being forfeited by an act made in the 60th year of the reign of his present majesty, intituled, an act [here insert the title of this act];' 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 the sum of 201. and for the recovery whereof no provision is herein before contained, shall and may be recovered before any justice or justices of the peace for the county, stewartry, riding, division, 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 lastmentioned penalty shall not be forthwith paid, such justice or justices shall, by warrant under his or their hand and seal, or hands and seals, 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 or justices shall commit the offender to the common goal or house of correction for such county, stewartry, riding, division, city, borough, town, or place, there to remain, without bail or mainprize, 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

pecuniary penalty imposed by this act, unless such prosecution shall be commenced, or such action shall be brought, within three calendar months next after such penalty shall have been incurred."

§ 34. Enacts, "that all pecuniary penalties and forfeitures imposed by this act, shall when recovered, either by action in any court or in a summary way before any justice, be applied and disposed of in manner hereinafter mentioned, that is to say, one moiety thereof to the plaintiff in any such action, or to the informer before any justice, and the other moiety thereof to his majesty, his heirs and successors."

35. Enacts, "that the justice or justices of the peace by or before whom any offender shall be convicted under this act, shall cause the said conviction to be made out in the manner and form following, or in any other form of words to the like effect, mutatis mutandis; that is to say, "Be it remembered, that on this of the reign of A. B. of.

day of

in the

year is duly convicted before [me or us, as the of his majesty's justices of the peace for

at

case may be]— in pursuance of an act passed in the sixtieth year of the reign of king George the third,intituled an act [set forth the title of the act], for that the said A. B., after the passing the said act, on did contrary to the said act [here specify the offence against the act, as the case may be]; wherefore [I or we, as the case may be], the said do adjudge that the said A. B. do pay the sum of penalty for his said offence."

as a

§. 36. Enacts, "that any action and suit which shall be brought or commenced against any justice or justices of the peace, constable, peace officer, or other person or persons, in that part of Great Britain called England, or in Ireland, for any thing done or acted in pursuance of this act, shall be commenced within six calendar months next after the fact committed, and not afterwards; 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 or defendants in every such action or suit may plead the general issue, and give this act and the special matter in evidence at any trial to be had thereupon; and if such action or suit shall be brought or commenced after the time limited for bringing the same, or the venue shall be laid in any other place than as aforesaid, then the jury shall find a verdict for the defendant or defendants; and in such case, or if the jury shall find a verdict for the defendant or defendants upon the merits, or if the plaintiff or plaintiffs shall become nonsuit, or discontinue his, her, or their actions after appearance, or if upon demurrer judgment shall be given against the plaintiff or plaintiffs, the defendant or defendants shall have double costs, which he or they shall and may recover in such and the same manner as any defendant can by law in other cases."

§37. Enacts," that every action and suit which shall be brought or commenced against any person or persons in Scotland, for any thing done or acted in pursuance of this act, shall in like manner be commenced within six calendar months after the fact committed, and not afterwards; and shall be brought in the court of session in Scotland, and the defender or defenders 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 for bringing the same, then the same shall be dismissed; and in such case, or if the defender or defenders shall be assoilzied, or the pursuer or pursuers shall suffer the action or suit to fall asleep, or a decision shall be pronounced against the pursuer or pursuers upon the relevancy, the defender or defenders shall have double costs or expences, which he or they shall and may recover in such and the same manner as any defender can by law recover costs or expences in other cases."

38. Provides," that no person shall be prosecuted by virtue of this act, for any thing done or committed contrary to the provisions herein-before contained, unless the prosecution shall be commenced within six calendar months after the offence committed."

§ 40. Enacts, "that this act shall commence and have effect within the city of London, and within twenty miles thereof, from the day next after the day of passing this act, and shall commence and have effect within all other parts of the kingdom, from the expiration of ten days next after the day of passing this act; and shall be and continue in force for five years from the day of passing this act, and until the end of the then next session of parliament."

[ocr errors]

By stat. 60 G. 3. c. 1. intituled "An act to prevent the training of persons to the use of arms, and to the practice of military evolutions and exercise." [11th December 1819.] 1. After reciting that, whereas in some parts of the united kingdom, men clandestinely and unlawfully assembled have practised military training and exer

« PreviousContinue »