60 G. 5. c. 1. not prosecuted under this act. Limitation of .actions. General issue wise, for any thing which shall 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." § 5. Enacts," that any action or 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 be pleaded. 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." Double costs. Limitation of Treble costs. Prosecutions to be commenced within six months after offences. 60 G. 3. c. 2. § 6. Enacts," That every action or 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 treble costs or expenses, which he or they shall and may receive in such and the same manner as any defender can by law recover costs or expenses in other cases.' § 7. Provides and enacts, "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 such prosecution shall be commenced within six calendar months after the offence committed." By stat. 60 G. 3. c. 2. intituled "An Act to authorise justices of the peace, in certain disturbed counties, to seize and detain arms collected or kept for purposes dangerous to the public peace; to continue in force until the 25th day of March 1822." [18th December 1819.] § 1. After reciting that "whereas arms and weapons of various sorts have in many parts of this kingdom been collected, and are kept for purposes dangerous to the public weapons dan gerous to the peace; and it is expedient that justices of the peace should be 60 G. 3. c. 2. authorised and empowered to seize and detain such arms and weapons:" it is enacted, "that it shall be lawful for any justice of Justices may the peace, upon the information upon oath of one or more credible issue warrants witness or witnesses, that he or they believe that any pike, pikefor searching for and seizing head, or spear is in the possession of any person or persons, or in any house or place, or that any dirk, dagger, pistol, gun, or other weapon is, for any purpose dangerous to the public peace, in public peace. the possession of any person, or in any house or place, to issue his warrant to any constable or other peace officer to search for and seize such pike, pike-head, spear, dirk, dagger, pistol, gun, or other weapon in the possession of any such person, or in any such house or place; and that it shall be lawful for such constable or other peace officer, acting under any such warrant, or any other person or persons in his or their aid or assistance, to search for and seize any such pike, pike-head, spear, dirk, dagger, pistol, gun, or other weapon, being in the possession of any such person, or in any such house or place as aforesaid; and in case admission into such house or place shall be refused or not obtained within a reasonable time after it shall have been first demanded, to enter by force, by day or by night, into every such house or place whatsoever, and to detain or cause to be detained in safe custody, in such place as the said justice of the peace shall appoint and direct, the arms or weapons so found and seized as aforesaid, unless the owner thereof shall prove to the satisfaction of such justice, that such arms or weapons were not kept for any purpose dangerous to the public peace.' § 2. Provides and enacts, "that it shall be lawful for any person from whom any such arms or weapons shall be so taken as last aforesaid, in case the justice of the peace, upon whose warrant the same shall have been taken, shall upon application made for that purpose refuse to restore the same, to apply to the next general or quarter sessions of the peace of the county, or riding, or division, upon giving ten days' previous notice of such application to such justice, for the restitution of such arms or weapons, or any part thereof; and the justices assembled at such general or quarter sessions of the peace shall make such order for the restitution or safe custody of such arms or weapons, or any part thereof, as upon such application shall appear to them to be proper." Party may appeal to quarter sessions. under suspicious circumdetained, and required to give bail, and prosecuted. stances may be §3. Enacts," that it shall be lawful for any justice of the peace, Persons found or for any constable, peace officer, or other person acting under carrying arms the warrant of any justice of the peace, or for any person acting with or in aid of any justice of the peace, or of any constable or other peace officer having such warrant as aforesaid, to arrest and detain any person found carrying arms in such manner and at such times as, in the judgment of such justice of the peace, to afford just grounds of suspicion that the same are carried for purposes dangerous to the public peace; and it shall be lawful for the justice of the peace who shall arrest any such person, or before whom any person arrested upon any such warrant shall be brought, to commit such person for trial for a misdemeanor, unless such person can and shall give sufficient bail for his appearance at the next assizes, or next general or quarter sessions of the peace, to answer to any indictment which may be pre 60 G. 3. c. 2. Justices of detached and adjoining coun ties to have concurrent juris diction in such counties. Sheriffs depute in Scotland to have the same powers as justices in England. Limitation of actions. Double costs. Limitation of actions, &c. in Scotland. ferred against him in that part of Great Britain called England; and in Scotland every such person shall be arrested and dealt with according to the law and practice of that part of the united kingdom in the case of a bailable offence." 4. Enacts," that all the justices of the peace acting in and for the several counties specified in this act, or in any proclamation to be issued under this act, or any counties next adjoining thereto, shall have concurrent jurisdiction as justices of the peace, in all cases as to the carrying into execution the provisions of this act, and as to all matters and things relating to the preservation of the public peace, as fully and effectually as if each of such justices was in the commission of the peace of each of such counties, and had duly qualified by law to act therein." 5. 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 other magistrates and peace officers and constables aforesaid respectively have, by virtue of this act, within and for that part of Great Britain called England." §6. Enacts," that any action or 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, 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 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 action 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." § 7. Enacts, "that every action or 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, 60 G. 3. c. 2. 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 Double costs. costs or expences, which he or they shall and may receive in such and the same manner as any defender can by law recover costs or expences in other cases." 8. Enacts," that this act and all the provisions thereof, shall Act to extend to extend to the several counties of Lancaster and Chester, and to certain counties the West Riding of the county of York, and to the counties of and others by Warwick, Stafford, Derby, Leicester, Nottingham, Cumberland, proclamation. Westmorland, Northumberland, Durham, Renfrew, and Lanark, the counties of the towns of Newcastle-upon-Tyne and Nottingham, and of the city of Coventry, and such other counties or ridings of Great Britain as his majesty shall from time to time, upon the representation made by the justices assembled at any quarter or general session of the peace, or by any general meeting of the lieutenancy of any county or riding, in consequence of any disturbance therein, by any proclamation made by and with the advice of his privy council, declare to be so disturbed as to make it necessary that the provisions of this act should be enforced therein; and then and in such case this act shall be in full force as to any such county or counties, or ridings, from the day specified in any such proclamation, as if such county or riding had been contained in this act.” strict or extend the act. § 9. Provides and enacts, "that it shall be lawful for his ma- His majesty in jesty, by and with the advice of his privy council, by proclama- council may retion, to declare that this act shall be no longer in force in any the operation of counties or ridings specified in this act, or in any county or riding to which the provisions of this act shall have been extended by proclamation as aforesaid; and from and after the period specified in any such proclamation, the powers of this act shall no longer be in force in such county or riding: Provided always, that nothing herein contained shall prevent or be construed to extend to prevent his majesty, upon such representation and by such advice as aforesaid, declaring by proclamation any such county or riding to be again within the powers of this act." $10. This act shall continue in force until the 25th March 1822. See stat. 41 Geo. 3. (U. K.) c. 78. § 2. empowering two justices 41 G. 3. (U.K.) to make an allowance to high constables for extraordinary ex- c.78. pences incurred in cases of riot, &c. Vol. I. page 582. Westmorland. of A. Indictment for a Riot. in the county of at the THE jurors for our lord the king upon their oath present, that A. O. late of the parish yeoman, B. O. late of the same, yeoman, C. O. late of the same, yeoman, and divers other persons (to the jurors aforesaid as yet unknown) on the day of in the year of the reign of — parish aforesaid in the county aforesaid, with force and arms, un-. lawfully, riotously, and routously, did assemble and gather together to disturb the peace of our said lord the king; and so being then and there assembled and gathered together, in and upon one A. I. in the peace of God and of our said lord the king then and there being, unlawfully, riotously, and routously, did make an assault, ant him the said A. I. then and there unlawfully, riotously, and routously, did beat, wound, and ill treat, and other wrongs to the said A. I. then and there unlawfully, riotously, and routously did, to the great damage of the said A. Ï. and against the peace of our said lord the king, his crown, and dignity. B. Record of a Riot on View. Westmorland. BE it remembered, that on the - in the day of year of the reign of We J. P. and K. P. esquires, two of the justices of our said lord the king, assigned to keep the peace in the said county, and A. S. knight, sheriff of the said county, at the complaint and request of A. I. of in the county aforesaid, yeoman, in our proper persons have come to the mansion house of him the said A. I. in aforesaid and then and there do find A. O. of yeoman, B. O. of yeoman, C. O. of yeoman, and other malefactors and disturbers of the peace of our said lord the king to us unknown, in a warlike manner arrayed, to wit, with clubs, swords, and guns, unlawfully, riotously, and routously assembled, and the same house besetting, many evils against him the said A. I. threatening, to the great disturbance of the peace of our said lord the king, and terror of his people, and against the form of the statute in that case made and provided: And therefore we the aforesaid J. P. K. P. and A. S. the aforesaid A. O., B. O. and C. O. do then and there cause to be arrested, and to the next gaol of our said lord the king in the county aforesaid to be conveyed, by our view and record of the unlawful assembly, riot, and rout aforesaid convicted, there to remain every and each of them respectively, until they shall severally and respectively have paid to our said lord the king the several sums of 101. each, which we do impose upon them and every of them separately for their said offence. In testimony whereof to this our present record we do put our seals. Dated at aforesaid, the day and year aforesaid. C. Commitment of the Rioters upon View. Westmorland. J. P. and K. P. esquires, two of the justices of our said lord the king, assigned to keep the peace within the said county, and A. S. knight, sheriff of the said county; To the keeper of the gaol of our said lord the king in the said county, and to his deputy and deputies there, and to every of them greeting: at day of Whereas upon complaint made unto us by A. I. of yeoman, we did this present house of the said A. I. at A. O. of go to the aforesaid, and there did see yeoman, B. O. of. yeoman, C. O of yeoman, and other malefactors to us unknown, assembled together in an unlawful, routous, and riotous manner, to the terror of the people, and against the peace of our said lord the king, and against the form of the statute in that case made and provided : |