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CHAPTER THE ELEVENTH.

OF HINDERING THE EXPORTATION OF CORN, OR PREVENTING ITS

CIRCULATION WITHIN THE KINGDOM.

Of hindering the exportation of corn by violence.

The 11 Geo. 2. c. 22. s. 1. recites that persons had assembled in great numbers, committed great violences, and done many injuries, with intent to hinder the exportation of corn, whereby many of his Majesty's subjects had been deterred from buying corn and grain, and following their lawful business therein, to their great loss and damage, as well as to the great damage and prejudice of the farmers and landholders of this kingdom, and of the nation in general. It then enacts, “ that if any person or

persons shall wilfully and maliciously beat, wound, or use any “other violence to or upon any person or persons, with intent to “ deter or hinder him or them from buying of corn or grain in “ any market, or other place within this kingdom; or shall unlaw“ fully stop or seize upon any waggon, cart, or other carriage, or “ horse loaded with wheat, flour, meal, malt, or other grain, in or “ on the way to or from any city, market town, or sea-port, of “ this kingdom; and wilfully and maliciously break, cut, separate,

or destroy, the same or any part thereof, or the harness of the “ horses drawing the same; or shall unlawfully take off, drive

away, kill, or wound, any of such horses; or unlawfully beat or

wound the driver or drivers of such waggon, cart, or other “ carriage, or horse, so loaded, in order to stop the same; or shall

by cutting of the sacks, or otherwise, scatter or throw abroad “ such wheat, flour, meal, malt, or other grain ; or shall take or

carry away, spoil or damage, the same, or any part thereof;' such offenders, being convicted before two justices of the peace of the county, &c. in which the offence is committed, or before the justices of the peace in open sessions, (who are thereby authorized and empowered summarily and finally to hear and determine the same,) shall be sent to the common gaol, or to the house of correction, there to be kept to hard labour for any time not exceeding three months, nor less than one month; and shall by the same justices be also ordered to be once publicly whipped by the master or keeper of the gaol or house of correction in such city, market-town, or sea-port, in or near to which such offence shall be committed, at the market-cross or market-place there, between the hours of eleven and two o'clock.

By the second section of this statute, “if any person or persons “ so convicted, shall commit any of the offences aforesaid a second

Persons committing these offences a se

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“ time; or if any person or persons shall wilfully and maliciously cond time, or

pull, throw down, or otherwise destroy, any storehouse or gra- granaries or

nary, or other place where corn shall be then kept in order to be the corn “ exported; or shall unlawfully enter any such storehouse, gra- therein, or

nary, or other place, and take and carry away any corn, flour, catering any “meal, or grain therefrom; or shall throw abroad, or spoil the and spoiling same, or any part thereof; or shall unlawfully enter on board grain intended

for exportaany ship, barge, boat, or vessel, and shall wilfully and mali

tion, guilty of ciously take and carry away, cast or throw out therefrom, or felony. “ otherwise spoil or damage, any meal, flour, wheat, or grain, “therein intended for exportation ;” every such offender being convicted, shall be adjudged guilty of felony, and transported for seven years; and if such offender shall return before the expiration of the seven years, he or she shall suffer death as a felon without benefit of clergy. (a)

The statute 36 Geo. 3. c. 9. s. 1. recites that persons had as- Persons using sembled themselves in great numbers, and committed great vio- violence to lences, with intent to hinder the passage of corn and grain from from buying place to place, whereby the necessary circulation of corn and corn within

the kingdom, grain within the kingdom might be prevented: and then enacts

or stopping any " that if any person or persons shall wilfully and maliciously beat, corn, breaking “wound, or use any other violence to or upon any person or per- waggons, &c.

sons with intent to deter or hinder him or them from buying of carreline.com “corn or grain in any market, or other place within this king- the horses, or “ dom; or shall unlawfully stop or seize any wheat, flour, malt, or beating the “other grain, in or on the way to or from any city, market-town, scattering or “or place in this kingdom; or shall wilfully and maliciously taking corn, " break, cut, or destroy, any waggon, cart, or other carriage, to be impri“wherein any such wheat, flour, meal, malt, or other grain, shall soned. “be loaded, or the harness of any horse or horses drawing or “ carrying the same; or shall unlawfully take off from any such “ carriage, or drive away, kill, or wound, any such horse or horses; “or unlawfully beat or wound the driver or drivers of any such

waggon, cart, or such other carriage or horse so loaded, with “intent to stop such wheat, flour, meal, malt, or other grain; or “shall, by cutting of the sacks or otherwise, scatter or throw “ abroad any such wheat, flour, meal, malt, or other grain; or "shall take or carry away, destroy, spoil, or damage, the same or

any part thereof;" such offenders being convicted before two justices of the peace of the county, &c. wherein the offence is committed, or before the justices of the peace in open sessions, (who are thereby authorized and empowered summarily and finally to hear and determine the same,) shall be sent to the common gaol, or house of correction, to be kept to hard labour for any time not exceeding three months, nor less than one month.

The second section enacts, “ that if any such person or persons Persons comso convicted shall commit

any

of the offences aforesaid a second mitting these

offences a se

(a) Section 3, provides that attain- for the same offence by any other law der shall not work corruption of or statute. Sections 5, 6, 7, and 8. blood, loss of dower, or disinherit- relate to actions by persons against ance: and by section 4 no person, who the hundred for damages done to their shall be punished for any offence by properties by offenders against the virtue of this act, shall be punished act.

with intent to

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cond time, or “ time; or if any person or persons with intent to prevent or

“hinder any corn, meal, flour, malt, or grain, from being law&c. from being “ fully carried or removed from any place whatsoever, shall wilremoved, de

fully and maliciously pull, throw down, or otherwise destroy, stroying granaries, &c. or

any storehouse or granary, or other place, in which corn, meal, taking there- “ flour, malt, or grain, shall be then kept; or shall unlawfully from corn, &c. “ enter any such storehouse, granary, or other place, and take and or spoiling the same, or enter- carry away any corn, flour, meal, malt, or grain, therefrom; or ing any ship, “ shall throw abroad or spoil the same or any part thereof; or barge, &c. and “ shall unlawfully enter on board any ship, barge, boat, or vessel, taking therefrom or spoil

“ and wilfully and maliciously take and carry away, cast, or throw ing corn, &c. “ out therefrom, or otherwise spoil or damage, any corn, flour, guilty of fe

“ meal, malt, or grain therein;" every person so offending, and lony, and to be transported. being convicted, shall be adjudged guilty of felony, and be trans

ported for seven years; and if such offender shall return into this kingdom before the expiration of the seven years, he or she shall suffer death as a felon without benefit of clergy. The section further provides that attainder shall not work corruption of blood, loss of dower, or disinheritance of heirs. And by the sixth section it is provided that nothing contained in the act shall abridge or take away any provision already made by the law of the realm, for the suppression or punishment of any offence whatsoever, mentioned or described in this act; and it is provided also, that no person who shall be punished by virtue of this act shall be punished for the same offence by virtue of any other law or statute whatsoever. (1)

(6) Sections 3, 4, and 5. relate to damages done to the properties of proceedings against the hundred for persons, by offenders against this act.

CHAPTER THE TWELFTH.

OF ADMINISTERING OR TAKING UNLAWFUL OATHS.

Tue 37 Geo. 3. c. 123. s. 1. recites, that wicked and evil disposed persons had attempted to seduce his Majesty's forces and subjects from their duty and allegiance, and to incite them to acts of mutiny and sedition; and had endeavoured to give effect to their wicked and traitorous proceedings, by imposing upon the persons whom they had attempted to seduce the pretended obligation of oaths unlawfully administered. From this preamble it appears as if the statute were mainly directed against combinations for purposes of meeting and sedition : but in the enacting part, after dealing with offences of that description, it goes on in much more extensive terms, and embraces other more general objects. It enacts, “that 37 Geo. 3. any person or persons who shall in any manner or form whatso- c. 123. s. 1.

ever administer, or cause to be administered, or be aiding or unlawful oaths "assisting at, or present at, and consenting to, the administering felony, punish“ or taking of any oath or engagement, purporting or intended to

able by trans

portation. " bind the person taking the same to engage in any mutinous or

seditious purpose ; or to disturb the public peace; or to be of any association, society, or confederacy, formed for any such purpose; or to obey the orders or commands of any committee or " body of men not lawfully constituted, or of any leader or com

mander, or other person not having authority by law for that

purpose; or not to inform or give evidence against any associate, " confederate, or other person; or not to reveal or discover any "unlawful combination or confederacy; or not to reveal or "discover any illegal act done or to be done; or not to reveal " or discover any illegal oath or engagement which may have been

administered or tendered to, or taken by such person or persons,

or to or by any other person or persons, or the import of any " such oath or engagement;" shall on conviction be adjudged guilty of felony, and be transported for any term not exceeding

“and every person who shall take any such oath or Taking such engagement, not being compelled thereto, shall, on conviction, oaths felony, “ be adjudged guilty of felony, and may be transported for any transportation. . "term not exceeding seven years."

In a case in the Court of King's Bench upon this statute, a This statute is question was made, whether the unlawful administering of an oath not confined by an associated body of men to a person, purporting to bind him to oaths admi

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seven years;

nistered for

VOL. I.

c. 104. s. 1.

seditious or not to reveal or discover an unlawful combination or conspiracy of mutinous pur

persons, nor any illegal act done by them, (a) was within this staposes.

tute; the object of the association being a conspiracy to raise wages and make regulations in a certain trade, and not to stir

up mutiny or sedition. It was contended, that the words of the statute, however large in themselves, must be confined to the objects stated in the preamble; and could not have been intended to reach a case where it was plain that the fact arose entirely out of a private dispute between persons engaged in the same trade, and was confined in its object to that alone: and that the general words therefore must be construed with relation to the antecedent offences, which are confined in their objects to mutiny and sedition. But the Court, though they did not upon the particular circmstances feel themselves called upon to give an express decision, appear to have entertained no doubt but that the case was within the

statute. (b) 52 Geo. 3. A recent statute has been passed, to render the foregoing act

more effectual in respect to oaths of a particular nature. The 52 unlawful oaths Geo. 3. c. 104. s. 1. enacts, “that every person who shall in any in certain cases manner or form whatsoever administer, or cause to be adminisfelony without “ tered, or be aiding or assisting at the administering of any oath clergy.

or engagement, purporting or intending to bind the person taking “ the same to commit any treason or murder, or any felony punish

able by law with death,” shall, on conviction, be adjudged guilty

of felony, and suffer death as a felon without benefit of clergy: Taking such “ and every person who shall take any such oath or engagement, oaths felony “ not being compelled thereto,” shall, on conviction, be adjudged and transportation for life. guilty of felony, and be transported for life, or for such term of

years as the Court shall adjudge. Persons taking But persons taking the oaths mentioned in either of these acts oaths by com- by compulsion must make a full disclosure of the fact, and the pulsion must

circumstances attending it, within a limited time, in order to be disclose the same within a justified or excused. The second section of the 37 Geo. 3. c. 123. limited time. enacts, " that compulsion shall not justify or excuse any person “ taking such oath or engagement, unless he or she shall

, within four days after the taking thereof, if not prevented by actual « force or sickness, and then within four days after the hindrance

produced by such force or sickness shall cease, declare the same, “ together with the whole of what he or she shall know touching “ the same, and the person or persons by whom, and in whose

presence, and when and where, such oath or engagement was “ administered or taken, by information on oath before one of his “ Majesty's justices of the peace, or one of his Majesty's principal “ secretaries of state, or his Majesty's privy council; or in case " the person taking such oath or engagement shall be in actual

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