39 G. 3. c. 79. shall be applied to such house or place; and every person refusing such justice admittance, shall forfeit 201. Sessions may license houses for lecturing, &c. and may revoke the saine. Justices may enter licensed places. And if used for seditious purposes, may declare the licence void. Every alehouse, &c. to be deemed licensed for reading. Not to extend to &c. nor to pay § 18. Provided nevertheless, that two justices at any general or special sessions may, by writing under their hands and seals, grant a licence to any person to open any such house or place for the of delivering, for money, any such lectures as aforepurpose said on any subject, the same being clearly expressed in such licence; or for reading books, pamphlets, newspapers, or other publications (for which license Is. shall be paid, and no more,) and the same shall be in force for one year, and no longer, or for any less time therein specified; which licence the justices at any general sessions may revoke by their order, a copy whereof shall be served upon the person to whom such licence was granted, or be left at such place, and thereupon the same shall cease and be utterly void. § 19. And any justice may go to any such licensed place at the time of delivering, or appointed for delivering lectures therein, or while opened or used for that purpose, and demand admittance, and if he shall be refused, notwithstanding such licence, the same shall be deemed a disorderly house or place within this act; and every person refusing such admittance shall forfeit 201. § 20. Any two justices upon evidence on oath that any such licensed place is commonly used for delivering lectures of a seditious or immoral tendency, or that books or other publications of the like nature are there commonly kept and delivered to be read, may declare such licence forfeited, and the same shall from thenceforth be utterly void. § 21. And every house or place licensed to sell ale, beer, wine, or spirits, shall also be deemed a place licensed for reading books, pamphlets, and other publications within the meaning of this act: but nevertheless, any two justices, on proof on oath that publications of a seditious or immoral nature are usually distributed for the purpose of being read at such place, may adjudge such licence forfeited (E); and the person keeping such house shall, after such adjudication, be liable to every penalty and forfeiture as if such licence had expired. § 22. Provided always, that nothing herein shall extend to any the universities, lectures delivered at the Universities, or in the Inns of Court or ments to school- Chancery, or by the professors of Gresham College; and no payment made to any schoolmaster or other person delivering lectures for the instruction of youth only shall be deemed a payment for admission within the meaning of this act. masters. Penalty for permitting unlawful meetings. Punishment of § 13. Every person who shall knowingly permit any meeting of any society hereby declared to be an unlawful combination or confederacy, or of any division, branch, or committee of such society, to be held in his house or apartment, shall, for the first offence, forfeit 5l., and for every other offence committed after the date of his conviction be deemed guilty of an unlawful combination and confederacy. § 8. And every person who shall be guilty of any such unlawpersons guilty ful combination and confederacy as in this act described may be of combinations proceeded against in a summary way, cither before one justice, or by indictment; who, on conviction (F) on the oath of one witness by such justice, shall be committed to the common gaol or house of correction without bail for three calendar months, or and confederacies. shall forfeit 201. as to such justice shall seem meet: which if not 39 G. 3. c. 79. forthwith paid into the hands of such justice he may levy the same by distress, together with the costs, and for want of sufficient distress may commit such offender to the common gaol or house of correction, for any time not exceeding three calendar months. And if any such offender be convicted upon indictment, he may be transported for seven years, or may be imprisoned for not exceeding two years, as the Court shall think fit. 9. Provided always, that such justice may mitigate such punishment (if he shall see cause) so as not to reduce the same to less than one third, whether it be by imprisonment or fine. § 10. But no person prosecuted before a justice shall be prosecuted also by indictment; and if prosecuted by indictment, shall not be prosecuted before a justice. § 11. Provided, that nothing herein shall extend to prevent any prosecution by indictment or otherwise for any offence within the meaning of this act, which might have been prosecuted if this act had not been made, unless the offender hath been prosecuted under this act. § 34. Provided always, that no person shall be prosecuted or sued for any penalty hereby imposed, unless such prosecution be commenced, or action brought, within three calendar months. § 35. All pecuniary penalties hereby imposed exceeding 201. are to be recovered in the courts at Westminster. If not exceed ing 201. (for the recovery whereof no provision is herein before contained) may be recovered before one justice where such penalty shall be incurred, or the person having incurred the same shall happen to be, in a summary way (G). And in case such last-mentioned penalty shall not be forthwith paid, such justice shall cause the same to be levied by distress and sale of the offender's goods, together with the costs of such distress and sale, and for want of sufficient distress such offender shall be committed to the common gaol or house of correction, for not exceeding six nor less than three calendar months. Justices may mitigate pu nishments. Offenders not to be prose cuted two ways. Prosecutions to be within three months. Penalties, how to be recovered. §36. All pecuniary penalties, whether recovered before a jus- Application of tice or by action, shall be applied half to the informer, and half penalties. to the king. actions. §37. And every action and suit, against any justice, peace Limitation of officer, or other person acting in pursuance of this act, shall be commenced within three calendar months, and shall be laid in the proper county; and if the defendant recover he shall have double costs. Conviction, &c. 57 G. 3. c. 19. For preventing seditious meetings. § 38. And all convictions, &c. shall be in the forms E. F. G. By stat. 57 G. 3. c. 19. § 23. (a) After reciting that it is highly inexpedient that public meetings or assemblies should be held near the houses of parliament, or near the courts of justice in Westminster Hall on certain days; it is enacted, that it shall not be lawful for any person to convene, or to give any notice for convening any meeting consisting of more than fifty persons, or 60 G. 3. c.6. for any number of persons exceeding fifty to meet in any street, $23. square, or open place, in the city or liberties of Westminster, or (a) By $ 22. the clauses and provisions of the act therein before contained were to continue in force until 24th of July, 181 See stat. post. p. 45. 87 G. 3. e. 19. county of Middlesex, within the distance of a mile from the gate $ 23. of Westminster Hall, (except such parts of the parish of St. Paul's Covent Garden, as are within such distance) for the purpose of considering of or preparing any petition, &c. for alteration of matters in church or state, on any day on which the two houses, or either house of parliament, shall meet and sit, nor on any day on which the courts shall sit in Westminster Hall. And that if any meeting or assembly for such purposes shall be assembled or holden on such day, it shall be deemed an unlawful assembly. Provided that this enactment shall not apply to any meeting for the election of members of parliament, or to persons attending upon the business of either house of parliament, or any of the said courts. § 24. After reciting that whereas divers societies or clubs have been instituted, in the metropolis and in various parts of this kingdom, of a dangerous nature and tendency, inconsistent with the public tranquillity, and the existence of the established government, laws and constitution of the kingdom; and that the members of many of such societies or clubs have taken unlawful oaths and engagements of fidelity and secrecy, and have taken or subscribed, or assented to, illegal tests and declarations; and that many of the said societies or clubs elect, appoint, or employ com mittees, delegates, &c. to confer or correspond with other societies or clubs, and to induce other persons to become members, and by such means maintain an influence over large bodies of men, and delude many ignorant and unwary persons into the commission of acts highly criminal: And whereas certain societies or clubs calling themselves Spenceans or Spencean Philanthropists, hold and profess for their object the confiscation and division of the land, and the extinction of the funded property of the kingdom: And whereas it is expedient and necessary that all such societies or clubs should be utterly suppressed and prohibited as unlawful combinations and confederacies, highly dangerous to the peace and tranquillity of this kingdom, and to the constitution of the government thereof, it is enacted, "that all societies or clubs calling themselves Spenceans or Spencean Philanthropists, and all other societies or clubs, by whatever name or description the same are called or known, who hold and profess, or who shall hold and profess, the same objects and doctrines, shall be and the same are hereby utterly suppressed and prohibited, as being unlawful combinations and confederacies against the government of our sovereign lord the king, and against the peace and security of his majesty's liege subjects." § 25. Enacts, "that all and every the said societies or clubs, and also all and every other society or club now established or hereafter to be established, the members whereof shall be required or admitted to take any oath or engagement which shall be an unlawful engagement within the meaning of 37 Geo. 3. c. 123., or within the meaning of 52 Geo. 3. 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, sub Members guilty of unlawful 59 G. 3. C. 79. combination. scribe or assent to, or shall take, subscribe, or assent to any test 57 G. 5. c. 19. 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 or electing shall elect, appoint, nominate, or employ any committee, dele- committees, gate or delegates, representative or representatives, missionary or delegates, &c. 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 persuade 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, pro- 39 G. 3. c. 79. secuted, and punished, according to the provisions of the said act, with regard to the prosecution and punishment of unlawful combinations and confederacies." nor to declara § 26. Provides, that nothing in this act contained shall extend Act not to exto lodges of Freemasons, complying with the regulations of tend to Free39 Geo. 3. c. 79.; nor to any declaration approved and subscribed masons' lodges; by two or more justices of the peace, and confirmed by the major tion approved part of the justices present at a general session, or at a general by two justices; quarter sessions of the peace, pursuant to the regulations of nor to extend to 39 Geo. 3. c. 79., nor to any meeting of quakers; or to any meetings or someeting or society formed or assembled for purposes of a religious cieties for chaor 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 ritable pur- 39 G. 3. c. 79. § 2. not to extend to quakers' meetings, &c. Penalty on persons permitting unlawful assemblies. 57 G. 3. e. 19. Licences of public houses where unlawful clubs are held, to be forfeited. Penalties exceeding 201. how to be recovered. Penalties not how to be recovered. 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 knowlege 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-uponTweed, 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 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 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 exceeding 201. penalty imposed by this act not exceeding 207., 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. Application of penalties. § 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. |