1 G. st. 2. c. 5. 80 damnified, in trust for applying the damages to be recovered in rebuilding or repairing such church or chapel; and that judgment being given for the plaintiff or plaintiffs in such action, the damages so to be recovered shall, at the request of such plaintiff or plaintiffs, his or their executors or administrators, be raised and levied on the inhabitants of such hundred, and paid to such plaintiff or plaintiffs, in such manner and form, and by such ways and means, as are provided by the statute made in the seven-and27 Elix. c. 13. twentieth year of the reign of queen Elizabeth, for reimbursing the person or persons on whom any money recovered against any hundred by any party robbed, shall be levied and in case any such church, chapel, building for religious worship, dwellinghouse, barn, stable, or out-house, so damnified, shall be in any city or town that is either a county of itself, or is not within any hundred, that then such damages shall and may be recovered by action to be brought in manner aforesaid (wherein no essoign, protection, or wager of law, or any imparlance shall be allowed) against two or more inhabitants of such city, or town; and judgment being given for the plaintiff or plaintiffs in such action, the damages so to be recovered shall, at the request of such plaintiff or plaintiffs, his or their executors or administrators, made to the justices of the peace of such city or town at any quarter sessions to be holden for the said city or town, be raised and levied on the inhabitants of such city or town, and paid to such plaintiff or plaintiffs, in such manner and form, and by such ways and means, as are provided by the said statute made in the seven-andtwentieth year of the reign of queen Elizabeth, for reimbursing the person or persons on whom any money recovered against any hundred by any party robbed, shall be levied."

This act to be read at the

$7. Enacts, that this act shall be openly read at every

quarter sessions, quarter sessions, and at every leet or law day."

&c.

Prosecution within twelve months.

Sheriffs, &c. in

Scotland to have the same power as justices, &c. have in England.

§ 8. Provides, "that no person or persons shall be prosecuted by virtue of this act, for any offence or offences committed contrary to the same, unless such prosecution be commenced within twelve months after the offence committed."

9. Enacts," that the sheriffs and their deputies, stewards and their deputies, bailies of regalities and their deputies, magistrates of royal burroughs, 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 Great Britain called Scotland, shall have the same powers and authority for putting this present act in execution within Scotland, as the justices of the peace and other magistrates aforesaid, respectively have by virtue of this act, within and for the other Punishment of parts of this kingdom; and that all and every person and persons persons offend- who shall at any time be convicted of any the offences aforeing in Scotland. mentioned, within that part of Great Britain called Scotland, shall for every such offence incur and suffer the pain of death, and confiscation of moveables: and also that all prosecutions for repairing the damages of any church or chapel, or any building for religious worship, or any dwelling-house, barn, stable, or out&c. in Scotland, house, which shall be demolished or pulled down in whole, or in part, within Scotland, by any persons unlawfully, riotously, or covered, and of tumultuously assembled, shall and may be recovered by summart action, at the instance of the party aggrieved, his or her heirs or

Damages of any

church, &c. pulled down,

how to be re

whom.

Sic.

executors, against the county, stewartry, city or burrough respec- 1 G. st. 2. c. 5. tively, where such disorders shall happen, the magistrates being summoned in the ordinary form, and the several counties and stewartries called by edictal citation at the market-cross of the head burrough of such county or stewartry respectively, and that in general, without mentioning their names and designations." $10. Provides, "that this act shall extend to all places for religious worship, in that part of Great Britain called Scotland, which are tolerated by law, and where his majesty king George, the prince and princess of Wales, and their issue, are prayed for* in express words."

To what places

in Scotland this

act shall extend.

By stat. 41 Geo. 3. (U. K.) c. 24. after reciting statutes 41 G. 3. (U.K.) 9 Geo. 3. c. 29. which recites statutes 1 Geo. 1. st. 2. c. 5. and c. 24.

Vol. III.

1 W. & M. sess. 1. c. 18. and that no provision is made in the said stat. 9 Geo. 3. c. 29. for the indemnification of the mills See title Will, and works thereunto belonging: And whereas it is expedient that the like remedy and means of indemnification should be extended to the persons damnified and injured by the pulling down and demolishing such mills and works thereunto belonging, as are by the said act, 1 Geo. 1. st. 2. c. 5. now afforded and given to the persons damnified and injured by the demolishing and pulling down wholly or in part any church, chapel, building for religious worship, dwelling-house, barn, stable, or outhouse, as in the said last mentioned act is mentioned: it is therefore enacted, that if any wind saw mill or other Damages ocwind-mill, or any water-mill or other mill, or any of the works casioned by the demolishing of thereunto belonging, shall be demolished or pulled down, wholly mills, &c. by or in part by any persons so unlawfully, riotously, and tumultuously persons unlawassembled, that then the damages sustained by the person or fully assembled, persons injured and damnified by such demolishing or pulling may be sued for down wholly or in part, shall and may be sued for, recovered, levied, raised, and reimbursed in such manner and form and by such ways and means as are particularly provided in and by the said act made in the first year of the reign of his said late majesty king George the first, in respect to the several descriptions of buildings therein mentioned (a).

and recovered in the manner

provided by the recited act of 1 G. 1. c. 5.

By stat. 52 Geo. 3. c. 130. reciting the 1 Geo. 1. st. 2. c. 5. the 52 G. 3. c. 130. 9 Geo. 1. c. 22., the 9 Geo. 3. c. 29., the 41 Geo. 3. c. 24. and Rioters pulling down, &c. build43 Geo. 3. c. 58. and stating that it was expedient and necessary ings, engines, that more effectual provisions should be made for the protection &c. used in of property not within the provisions of the said acts, makes the trades or manuburning certain buildings, &c. used for manufactories a capital factories guilty offence (6), and enacts, 2. That if any person or persons unlaw- of felony withfully, riotously, and tumultuously assembled together in dis- out clergy. turbance of the public peace, shall unlawfully and with force demolish or pull down, or begin to demolish or pull down, any erection and building or engine which shall be used or employed in the carrying on or conducting of any trade or manufactory, or any branch or department of any trade or manufactory of goods,

(a) See stat. 56 G. 3. c. 125. by which persons riotously assembled and pulling down any engines, &c. belonging to collieries, &c. are declared to be guilty of felony without benefit of clergy, Vol. I. p. 523. title Coal Mines. (b) See title Burning, Vol. I. p. 418,

52 G. S. e. 150. wares, or merchandise, of any kind or description whatsoever, or in which any goods, wares, or merchandise, shall be warehoused or deposited, that then every such demolishing or pulling down, or beginning to demolish or pull down, shall be adjudged felony, without benefit of clergy, and the offenders therein shall be adjudged felons, and shall suffer death as in cases of felony, without benefit of clergy.

Value of, or

damage done to

manufactories and machinery

therein may be

recovered, as under 1 G.1.

st. 2. c. 5.

How to proceed

to recover

damages.

See Nesham v.
Armstrong,

1 B. & A. 146.

57 G. 3. c. 19. $38.

Damages done by riotous or tumultuous

3. The person or persons injured or damnified by such demolishing or pulling down, wholly or in part, of any such erection, building, or engine as aforesaid, shall be entitled to, and may recover the value of such erection, building, or engine, and of the machinery belonging thereto, or used therein which shall be destroyed in such demolishing as aforesaid, or the amount of the damage which may be done to any such erection, building, or engine, or machinery aforesaid, in such tumultuous and riotous demolishing in part as aforesaid; and such value or damage shall and may be recovered, levied, raised, and reimbursed, in such manner and form, and by such ways and means as are particularly provided in 1 Geo. 1. st. 2. c. 5.

§ 4. Provided no person shall be enabled to recover any damages by virtue of this act, unless he himself or by his servant, within two days after such damage or injury done him by any such offender or offenders, shall give notice of such offence done and committed unto some of the inhabitants of some town, village, or hamlet, near unto the place where any such fact shall be committed, and shall within four days after such notice, give in his examination upon oath, or the examination upon oath of his servant or servants, that had the care of his erections, buildings, engines, or machinery so destroyed or damaged as aforesaid, before any justice of the peace of the county, liberty, or division where such fact shall be committed, inhabiting within the said hundred where the said fact shall happen to be committed, or near unto the same, whether he or they do know the person or persons that committed such fact, or any of them; and if upon such examination it be confessed that he or they do know the person or persons that committed the said fact, or any of them, that then he or they so confessing shall be bound by recognisance to prosecute such offender or offenders by indictment or otherwise, according to the law of this realm: Provided also, that no person who shall sustain any damage by reason of any offence to be committed by any offender contrary to this act, shall be thereby enabled to sue or bring any action against any inhabitants of any hundred where such offence shall be committed, except the party or parties sustaining such damage shall commence his or their action or suit within one year next after such offence shall be committed.

And by stat. 57 Geo. 3. c. 19. § 38. In every case where any house, shop, or other building whatever, or any part thereof, shall be destroyed, or shall be in any manner damaged or injured, or where any fixtures thereto attached, or any furniture, goods, or assemblies to be commodities whatever which shall be therein, shall be destroyed, recovered. taken away, or damaged by the act or acts of any riotous or tumultuous assembly of persons, or by the act or acts of any person or persons engaged in or making part of such riotous or tumultuous assembly, the inhabitants of the city or town in which

such house, shop, or building shall be situate, if such city or town 57 G. 5. c. 19. be a county of itself, or is not within any hundred, or otherwise § 58. the inhabitants of the hundred in which such damage shall be done, shall be liable to yield full compensation in damages to the person or persons injured and damnified by such destruction, taking away, or damage; and such damages shall and may be demanded, sued for, and recovered by the same means and under the same provisions as in the 1 Geo. 1. st. 2. c. 5. with respect to persons injured by the demolishing or pulling down of any dwelling-house by persons unlawfully, riotously and tumultuously assembled. (For cases of actions against the hundred, see tit. Hundred, Vol. II.)

Under the number of twelve.] In the case of Prichet v. Waldron Prichet v. Waland another, it was determined that to support an action against dron, the hundred for damages on the 1 Geo. 1. for riotously demolish- 5 T.R. 14. ing a house, it is not necessary to prove that twelve rioters were assembled at the time.

V. How by Two Justices.

By 13 H. 4. c. 7. § 1. If any riot, assembly, or rout of people, 15 H. 4. c. 7. against the law be made, the justices, three or two of them at the § 1. least, and the sheriff, or under-sheriff, shall come with the power of

the county, if need be.

And by 2 H. 5. c. 8. § 2. The king's liege people being sufficient 2 H. 5. c. 8. to travel, shall be assistants to them, upon reasonable warning, to $ 2. ride with them in aid to resist such riots, routs, and assemblies, on

pain of imprisonment, and to make fine and ransom to the king.

If any riot, assembly, or rout of people, against the law, be 1 Haw. c. 65. made.] It is said that the justices are not only empowered hereby § 22. to raise the power of the county to assist them in suppressing a riot, which shall happen within their own view or hearing, but also that they may safely do it upon a credible information given them of a notorious riot happening at a distance, whether there were any such riot in truth or not; for it may be dangerous for them to stay till they can get certain information of the fact: but they seem to be punishable for alarming the country in this manner, without such probable ground for their proceeding, as would induce a reasonable man to think it necessary and convenient.

Assembly.] It seems clear from hence that if the justices in 1 Haw. c. 65. going towards the place where they have heard that there is a § 22. riot shall meet persons coming from thence riotously arrayed, they may arrest them for being assembled together in such an unlawful manner, and also make a record thereof; for the statute extends to all other unlawful assemblies whatsoever as well as to riots.

The king's liege people.] Except women, clergymen, persons decrepit, and infants under the age of fifteen.

To resist such riots.] And also to arrest the rioters, and conduct them to prison.

And shall arrest them.] 13 H. 4. c. 7. § 1.

And if they shall escape, they may take them on a fresh pur- 1 Haw. c. 65. suit; but they cannot at another time award any process against $24.

them on the record, but ought to send the record into the king's

13 H. 4. c. 7.

1 Haw. c. 65. $ 24.

1 Haw. c. 65. $25.

1 Haw. c. 65.

$ 26.

1 Haw. c. 65. § 26.

Dalt. c. 82.

1 Haw. c. 65. § 28.

Dalt. e. 82.

bench, that process may issue thereon from thence: yet there seems to be no doubt but that they may arrest them for their trespass on the aforesaid statute of the 34 Ed. 3.in order to compel them to find sureties for their good behaviour.

And by 13 H. 4. c. 7. § 1. The same justices and sheriff, or under-sheriff, shall have power to record (B) that which they shall find so done in their presence against the law; by which record the offenders shall be convict in the same manner and form as is contained in the statute of forcible entries. (C)

Shall have power to record.] And this they may do, whether the offenders be in custody at the same time or have escaped.

Shall be convict.] And it seemeth to be certain that the record of a riot, expressly mentioned to have happened within the view of the justices by whom it is recorded, is a conviction of so great authority, that it can no way be traversed, however little ground of truth there might be to affirm that any riot at all was committed, or however innocent the parties may be of the fact recorded against them.

However it seemeth clear that if in such a record of a riot, it be contained that the party was guilty therein of a felony, or maim, or rescous, the party shall be concluded thereby as to the riot only, and not as to any of the other matters; because the justices have by this statute a judicial authority over no other offences except riots, routs, and unlawful assemblies.

And inasmuch as such a final record is a conviction of the parties, as to all such matters as are properly contained in it, it ought to be certain both as to the time and place of the offence, and the number of persons concerned therein, and the several kinds of weapons made use of by them, and all other circumstances of the fact; for since the parties are excluded from denying the truth of such record, and have no other remedy to defend themselves against it, but only by advantage of the insufficiency of what is contained in it, they may justly demand the benefit of excepting to it, if it do not expressly shew both that they are guilty within the meaning of the statute, and also how far they are guilty, and that the justices have pursued the power so given them by the said statute: from the same ground it seems also to follow that such a record may be excepted against, if it do not appear to have been made by the sheriff or under-sheriff in concurrence with the justices.

And this record ought to remain with one of the justices, and shall not be left amongst the records of the sessions, it being made out of sessions, and not appointed to be certified thither.

In the same manner and form as is contained in the statute of forcible entries.] That is, the statute of the 15 R. 2. c. 2. And thereupon it is said that the offenders being under the arrest of the justices, and also convicted by a record of their offence, ought immediately to be committed to gaol by the same justices till they shall make fine and ransom to the king; which can be assessed by no other justices of the peace, except those by whom the record of the offence was made.

And this fine, Mr. Dalton says, the justices shall cause to be estreated into the exchequer, that so it may be levied to