the king's use; and then they are to deliver the offenders again. But Mr. Hawkins says, that it hath been questioned whether I Haw. e. 65. the justices can safely dismiss the offenders upon their paying such $35. a fine as shall be imposed upon them, without some judgment for their imprisonment as well as fine; because it is enacted by the 2 H. 8. c. 8. that such rioters attainted of great and heinous riots shall have one whole year's imprisonment at the least, without being let out of prison by bail or mainprise; and that the rioters attainted of petty riots shall have imprisonment as best shall seem to the king or to his council. And by 13 H. 4. c. 7. § 1. if the offenders be departed before the 13 H. 4. c. 7. coming of the said justices, and sheriff or under-sheriff, the same justices, three or two of them, shall diligently enquire (D) within a month after such riot, assembly, or rout of people so made, and thereof shall hear and determine according to the law of the land. The same justices.] It is generally said that any justices of the 1 Haw. c. 65. county may take such an enquiry, whether they dwell near the § 32. place where the riot happened, or at a distance, or whether they went to view the riot or not; for the statute ought to be construed as largely as the words will bear in favour of the justices' power in the suppressing of such riots; and therefore those words in the statute that the same justices shall enquire ought to be thus expounded, that the same justices who were before empowered to raise the posse shall enquire, and that is, any justices in the county. Shall diligently enquire.] This is, by a jury: In order to which, 19 H. 7. c. 15. it is enacted by the 19 H. 7. c. 13. that the sheriff, on their precept directed to him, shall on pain of 201. return twenty-four persons, whereof every of them shall have lands and tenements within the shire, to the yearly value of 20s. of charter land or freehold, or 26s. 8d. of copyhold, or of both, over and above all charges; and he shall return upon every juror in issues, at the first 20s. and at the second 40s. Note; Charter land had its name from a particular form in 1 Inst. 6. the charter or deed, which ever since the reign of H. 8. hath been disused. Within a month.] That is, if they do not make enquiry within 2 Salk. 593. a month, they are punishable for the neglect; yet they may enquire after the month; for the lapse of a month doth not determine their authority, but only subjects them to a pe nalty. Shall hear and determine according to the law of the land.] 1 Haw. c. 65. And therefore they may award process under their own teste $34. against those who shall be indicted before them of any of the offences above-mentioned, according to the form of this statute; and also may award the like process for the trial of a traverse of such an inquisition; and do all other things in relation thereunto, which are of course incident to all courts of record. And the riot being so found by inquisition, the justices must Dalt. c. 82. make a record thereof in writing of such their enquiry or presentment found before them; which record also is to remain with one of the justices. 15 H. 4. c. 7. $ 2. 19 H. 7. e. 13. 1 Haw. c. 65. § 13. 1 Haw. e. 65. § 41. 2 H. 5. c. 8. Dalt. c. 82. 1 Haw. c. 65. § 48. 1 Haw. c. 65. § 46. 1 Haw. c 65. § 45. 1 Haw. c. 65. § 50. 2 H. 5. c. 8. And by 13 H. 4. c. 7. § 2. if the truth cannot be found in the manner as is aforesaid, then within a month then next following, the justices, three or two of them, and the sheriff or under-sheriff, shall certify before the king and his council all the deed and circumstances thereof, which certificate shall be of the like force as the presentment of twelve men; upon which certificate the offender shall be put to answer, and shall be punished according to the discretion of the king and his council. 3. And if they do traverse the matter so certified, the certificate and traverse shall be sent into the king's bench to be tried. And by 19 H. 7. c. 13. if the offence be not found, by reason of any maintenance or embracery of the jurors, then the same justices and sheriff or under-sheriff, shall in the same certificate certify the names of the maintainers and embracers, with their misdemeanors. Shall certify.] And it seemeth certain that such certificate being in nature of an indictment at the common law, ought to comprehend the certainty of time, place, and persons, and other material circumstances, both of the riot and mainte nance. Before the king and his council.] It seems clear, by the council being here distinguished both from the chancery and king's bench, that the certificate ought to be made to the privy council board, and not to either of those courts, which in some statutes relating to judicial proceedings are taken for the king's council. And by 2 H. 5. c. 8. the said justices and other officers shall execute their offices aforesaid at the king's costs in going and continuing in doing their said offices, by payment thereof to be made by the sheriff, by indentures betwixt the said sheriff and justices and other officers aforesaid, whereof the sheriff upon his account in the exchequer shall have due allowance. In order to the defraying of which, the said statute directs the fines of the offenders to be enlarged, and thereout the sheriff may pay the charges of the said justices; and of the jury, that is, for their diet; and the sheriff's fees, and the like. $4. And the justices dwelling nighest in the county, where such riot, assembly, or rout shall be, together with the sheriff or undersheriff, shall do execution of the said statute of the 13 H. 4. every one upon pain of 1001. to the king. The justices dwelling nighest.] Although these only are liable to this penalty, yet if any others on notice shall neglect to supply their default, they are fineable at discretion. But if any justices, who do not dwell nearest to the place, do actually execute the statute, they excuse all the rest. Dwelling nighest in the county.] Therefore if they dwell nighest, but in another county, they are not in danger of this penalty. Shall do execution of the said statute.] That is, in the whole,. and not in part only; as by recording a riot, and committing the parties. VI. How by Process out of Chancery. By the 2 H.5. c. 8. If default be found in the two justices, sheriff, or under-sheriff, then, at the instance of the party grieved, a commission shall be issued under the great seal, to enquire as well of the truth of the case for the complainant, as of such default. And by the 2 H. 5. c. 9. and 8 H. 6. c. 14. Rioters shall be 2 H. 5. c. 9. taken by writ and proclamation out of chancery, on suggestion of two 8 H. 6. c. 14. justices and the sheriff, of the common fame of such riot. VII. Seditious Meetings and unlawful Assemblies. $ 1. By 39 Geo. 3. c. 79. § 1. After reciting that a traitorous con- 39 G. 3. c. 79, spiracy had long been carried on in conjunction with the persons exercising the powers of government in France, to overturn the laws and government in Great Britain and Ireland, it is enacted, that all societies calling themselves United Englishmen, United Scotchmen, United Irishmen, and United Britons, and the society commonly called the London Corresponding Society, and all other Corresponding Societies of any other city, town, or place, shall be suppressed and prohibited. 2. And all the said societies, and every other society, the members whereof shall according to the rules thereof, or to any agreement for that purpose, be required or admitted to take any oath or engagement deemed unlawful within the meaning of 37 Geo. 3. c. 123. for more effectually preventing the administering or taking of unlawful oaths, (a) or taking any oath not authorised by law; and every society, the members whereof, shall take, subscribe, or assent to any test or declaration not required by law, or not authorised in manner hereinafter mentioned, and every society of which the names of the members, or of any of them, shall be kept secret from the society at large; or which shall have any committee or select body so chosen or appointed, that the members constituting the same shall not be known by the society at large to be such members, or which shall have any president, treasurer, secretary, delegate, or other officer so appointed, that such appointment shall not be known to the society at large, or where the names of all the members, and of all committees or select bodies of members, and of all presidents and other officers, shall not be entered in a book to be kept for that purpose, and to be open to the inspection of all the members of such society; and every society composed of different divisions, or different parts acting separately from each other, or of which any part shall have a separate and distinct president, &c. or other officer appointed. by or for such part, or to act as an officer for such part, shall be deemed unlawful combinations and confederacies; and every person who shall become a member of any such society, or being a member, shall act as a member, or directly or indirectly maintain correspondence or intercourse with any such society, or any division, committee, officer, or member thereof, or who shall, by contribution of money, or otherwise, aid or support such society, or any member or officer thereof, shall be deemed guilty of an unlawful combination and confederacy. See 57 G. 3. c. 19. post. Societies, the which shall take unlawful oaths or engagements, &c. or where the names of some of the members of members or persons forming committees, &c. shall be kept secret, or where there are divi sions or branch societies, are to be deemed unlawful combination's and con federacies. Not to extend §3. Provided nevertheless, that nothing herein shall extend to any declaration taken, subscribed, or assented to, by the members to declarations of any society, in case the form thereof shall have been first approved by two ap (a) See this act, title Daths. 39 G. 3. c. 79. justices, and confirmed at the sessions. Nor to persons not acting after the passing of this act. Nor to Free § 6. Certificates and registry to be laid before the sessions yearly, who may discontinue any lodge. Unlawful meet ings being held at alehouses, &c. two justices may declare the licence void.. Places for de proved and subscribed by two justices of the county or place where such society shall ordinarily assemble, and shall have been registered with the clerk of the peace, or his deputy (for which shall be paid 1s. and no more,) but such approbation of the justices shall remain valid no longer than until the next general sessions for such county or place, unless the same shall be confirmed at such sessions; and if not then confirmed, the provisions of this act shall from thenceforth extend to such declarations, and to all persons subscribing the same, so far as they may relate to all acts which may be done by them or any of them, subsequent to the holding of such sessions. § 4. Provided that no person who, before the passing of this act, shall have been a member of any such society, shall be liable to any penalty, in case he shall not in any manner act as a member after the passing of this act. 5. But nothing herein shall extend to lodges of Free Masons which, before the passing of this act, have been usually holden under that denomination, and in conformity to the rules prevailing amongst such societies; provided that two members of each lodge certify upon oath before a justice, that such society or lodge has, before the passing of this act, been usually held under the denomination of a lodge of Free Masons, and in conformity to the rules prevailing amonst such societies; which certificate, duly attested by the magistrate before whom sworn, and subscribed by the person so certifying, shall, within two calendar months after the passing of this act, be deposited with the clerk of the peace for the county or place where such lodge hath been usually held. Provided also, that this exemption shall not extend to any such lodge, unless the name or denomination thereof, and the usual places and times of its meetings, and the names and descriptions of the members thereof be registered with such clerk of the peace within two months after the passing of this act, and also on or before the 25th March in every succeeding year. §7. And the clerk of the peace or person acting in his behalf shall receive such certificate, and make such registry as aforesaid, and enroll the same among the records of such county or place, and shall lay the same once in every year before the general sessions, who may, if they so think fit, upon complaint upon oath of one credible person, that the continuance of the meetings of such lodge is likely to be injurious to the public peace, direct that such meeting shall be discontinued; and every such meeting held notwithstanding such discontinuance shall be deemed an unlawful combination and confederacy under the provisions of this act. 14. Two justices, upon evidence on oath that any meeting of any society hereby declared to be unlawful, or any meeting for any seditious purposes hath been held at any house, room, or place licensed to sell ale, beer, wine, or spirits, may declare the licence for selling thereof forfeited (E), and the person keeping the same shall, after the day of such declaration, be liable to every penalty and forfeiture he would have been subject to if such ficence had expired on that day. 15. And whereas places have of late been used for delivering bating, &c. for lectures, and holding debates, which are not within the pro visions of 36 Geo. 3. c. 8. (a) but which have in many instances 39 G. 3. c. 79. been of a seditious and immoral nature, and other places have of the purpose of late been used for the like purposes, under the pretence of read- raising money, ing books, pamphlets, newspapers, or other publications, it is en- deemed disorderly, unless acted, that every house, room, field, or other place, at or in which previously any lecture shall be publicly delivered, or any public debate had licensed. on any subject whatsoever, for the purpose of collecting money or 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 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 refreshment or other thing, or under any pretence or for any other cause, or by means of any device whatever and every place which shall be opened or used as a place of meeting for the purpose of reading books or other publications, and to which any person shall be admitted by payment of money, &c. &c. shall be deemed a disorderly house or place, within the meaning of the said act of 36 Geo. 3. c. 8. unless the same shall have been previously licensed in manner hereafter mentioned; and the person by whom such place shall be opened or used for any of the purposes aforesaid shall forfeit 100%. for every day or time so opened or used as aforesaid, to the Penalty. person who shall sue, and be otherwise punished as the law directs in cases of disorderly houses. And every person conducting the proceedings, or acting as moderator, president, or chairman, at any such place, or therein debating or delivering any discourse, or furnishing any book, pamphlet, newspaper, or other publication as aforesaid; and also every person who shall pay, give, collect, or receive any money or other thing, or agree so to do, in respect to the admission of any person, or shall deliver out, distribute, or receive any ticket or token as aforesaid, knowing such place to be so opened or used for such purpose as aforesaid, shall, for every such offence, forfeit 201. Person appearing as master cution although liable to prose 16. Every person who shall appear at, or behave as master, or as the person having the command, government, or management of any such house or place, shall be deemed to be a person by whom the same is opened or used as aforesaid, and shall be liable to be prosecuted as such, notwithstanding he be not in fact the owner. real owner or occupier. not the real § 17. And any justice who shall by information upon oath, have Justices may reason to suspect that any house, room, field, or place, or any enter suspected part thereof, is opened or used for the purpose of delivering places. lectures, or for public debate, or for reading books, pamphlets, newspapers, or other publications contrary to this act, may go to such place, and demand admittance; and if he shall be refused, the same shall be deemed a disorderly house or place, and all the provisions herein contained, and in the said act of 36 Geo. 3. c. 8. (a) This act of 36 G. 3. c. 8. was to continue for three years, from 18th Derember 1795, and from thence to the end of the then next session of parliament. |