« EelmineJätka »
parts, acting in any manner separately or distinct from each other, or of which any part shall have any separate or distinct president, &c. or other officer, elected or appointed by, or for such part, or to
act as an officer for such part; shall be deemed and taken to be unAnd persons lawful combinations and confederacies. (h) And further, that every corresponding with such
lich person who shall directly or indirectly maintain correspondence or societies, or intercourse with any such society, or with any division, branch, aiding them, committee, or other select body, president, &c. or other officer, or to be deemed guilty of an member thereof as such, or who shall by contribution of money, or ünlawful com- otherwise, aid, abet, or support such society, or any members or bination and officers thereof, as such, shall be deemed guilty of an unlawful
combination and confederacy. The act is not
There is a provision, that the act shall not extend to declarations to extend to approved by two justices, and registered with the clerk of the declarations peace; but that such approbation shall only remain valid till the approved by iwo justices. next general session, unless the same shall be confirmed by the and registered; major part of the justices at such general session. (i) And it is
to lodges also enacted, that it shall not extend to the meetings of societies, of Free-masons, where or lodges of Freemasons, which, before the passing of the act, had there is a cer- been usually held, under the denomination of “ Lodges of Freetificate and re. “ masons,” and in conformity to the rules prevailing among such gistry.
societies ; (k) provided that there be a certificate of two of the members upon oath, that such society or lodge had been usually held under such denomination, and in conformity to such rules; the certificate duly attested, &c. being, within two months after the passing of the act, deposited with the clerk of the peace, with whom also the name or denomination of the society or lodge, and the usual place and time of meeting, and the names and descriptions of the members, are to be registered yearly. (1) The clerk of the peace is required to enrol such certificate and registry, and
to lay the same once in every year before the general session of Butthe justices the justices; and the justices may upon complaint, upon oath, that may order the the continuance of the meetings of any such lodge or society is any lodge to be likely to be injurious to the public peace and good order, direct discontinued: them to be discontinued ; and any such meeting, held notwithing held, not
meel- standing such order or discontinuance, and before the same shall, withstanding by the like authority, be revoked, shall be deemed an unlawful such order, combination and confederacy under the provisions of the act. (m)
The eighth section of the statute enacts, “ That every person lawful combination and “who, at any time after the passing of this act, shall, in breach confederacy. “ of the provisions thereof, be guilty of any such unlawful com39 G. 3. c. 79. “ bination and confederacy as in this act is described, shall and s. 8. Proceed- 66 mor ho neceeded ca
6 may be proceeded against for such offence in a summary way, ings against offenders before “ either before one or more justice or justices of the peace for the justices, or by “county, stewartry, riding, division, city, town, or place, where indictment.
“ such persons shall happen to be, or by indictment to be pre“ ferred in the county, riding, division, city, town, or place, in “ England, wherein such offence shall be committed, or by in
to the publicof any suchaint, upon session of
will be an un
(h) By the 59 Geo. 3. c. 19. S. 27. cussed.
“ dictment in the court of justiciary, or in any of the circuit
But the justice or justices, before whom any person shall be Justices may convicted of any unlawful combination or confederacy, may miti- mitigate the gate the punishment, 'so as it be not thereby reduced to less than punt one-third of the punishment by the act directed to be inflicted, whether by imprisonment or fine. (n) And it is provided, that And persons any person who shall be convicted or acquitted by any justice, either prose
cuted before upon a summary prosecution, shall not afterwards be prosecuted a justice, or inby indictment, or otherwise, for the same offence; and in like dicted, are not manner that any person convicted, or acquitted, upon an indict
dirit liable to other
prosecutions. ment, shall not afterwards be prosecuted before any justice in a " summary way. (o) But the act is not to extend to prevent any But offenders prosecution by indictment or otherwise, for any thing which shall may be indictbe an offence within the intent and meaning of the act, and which ed, if not pro
secuted, under might have been so prosecuted if the act had not been made, this act: unless the offender shall have been prosecuted for such offence under the act, and convicted or acquitted of such offence. (p)
The statute 60 G. 3. and I G 4. c. 1. reciting that in some parts 60 G.3. & 1 G. of the United Kingdom men clandestinely and unlawfully as- 4. c. 1. Meetsembled had practised military training and exercise, to the great ings for the terror and alarm of his majesty's peaceable and loyal subjects, litary exercise
to purpose of miand to the danger of the public peace, enacts, “ That all meetings prohibited; and “ and assemblies of persons for the purpose of training or drilling persons " themselves, or of being trained or drilled to the use of arms, or ines, for the
Sing such mect“for the purpose of practising military exercise, movements, or purpose of “ evolutions, without any lawful authority from his majesty, or tri " the lieutenant, or two justices of the peace of any county or therein, liable
or aiding (n) 39 Geo. 3. c. 79. S. 9.
(p) 39 Geo. 3. c. 79. s. 11. (m) Id. sect. 10.
to be trans- “riding, or of any stewartry, by commission or otherwise, for so
“ doing, shall be, and the same are hereby prohibited as dangerprisoned. And persons attend- "ous to the peace and security of his majesty's liege subjects, and ing for the “ of his government; and every person who shall be present at, purpose of
“ or attend any such meeting or assembly for the purpose of trainbeing trained, liable to be “ ing and drilling any other person or persons, to the use of arms, fined and im- « or the practice of military exercise, movements, or evolutions, prisoned.
" or who shall train or drill any other person or persons to the use
.66 such conviction shall be had.”(a) 57 'G. 3. c. 19. A statute, 57 Geo. 3. c. 19. and a more recent statute 60 & 60 G. 3. & 1 Geo. 3. & 1 Geo. 4. c. 6. contained many enactments relating to
me assemblies of persons, collected for the purpose, or under the preporary enactments.
text of deliberating on public grievances, and of agreeing on petitions and addresses to the throne, or to the houses of parliament; which were only temporary enactments, and appear to have now
expired. 57 G. 3. 6. 19. But the statute 57 Geo. 3. c. 19. contains also several enact
ments relating to meetings and assemblies of persons which are not limited in their duration, not of a limited duration. Sect. 23.
The twenty-third section, reciting, that it is highly inexpedient No meetings to that public meetings or assemblies should be held near the houses
don cer- of Parliament, or near the courts of justice in Westminster Hall, tain days within a mile of
on certain days; enacts, that it shall not be lawful for any person Westminster to convene, or to give any notice for convening, any meeting conHalle.
sisting of more than fifty persons, or for any number of persons exceeding fifty to meet in any street, square, or open place, in the city or liberties of Westminster, or county of Middlesex, within the distance of a mile from the gate of Westminster Hall, (except „such parts of the parish of St. Pauls, Cavent Garden, as are within such distance) for the purpose of considering of or preparing any petition, &c. for alteration of matters in church or statę, 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 Westininster Hall. And that if any meeting or assembly for such purposes shall be assembled or holdien on such day, it shall be deemed an unlawful assembly. But there is a
(a) The second section of the act six months. And by sect. 7. prosecu. provides for the dispersion of persons tions for offences against the proviso assembled, or for their detention sions of the act must be commenced and giving bail. By sect. 5 & 6. ac- within six months after the offence tions for any thing done in pursuance committed. of the act must be commenced withia
19. s. 24. re- .
provision that the 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.
The twenty-fourth section recites, that divers societies and 57 Geo. 3. d. : clubs had been instituted in the metropolis, and in various parts of
cites concern the kingdom, of a dangerous nature and tendency, inconsistent ing societies with the public tranquillity and the existence of the established taking unlawgovernment, laws, and constitution, of the kingdom; and that the to
or electing members of many such societies or clubs had taken unlawful committees, oaths and engagements of fidelity and secrecy, and had taken or delegates, &c. subscribed or assented to illegal tests and declarations; and that many of these societies or clubs appointed or employed committees, delegates, &c. to confer or correspond with other societies or clubs, and to induce other persons to become members; and by such means maintained an influence over large bodies of men, and deluded many ignorant and unwary persons into the commission of acts highly criminal : and recites also, that certain societies or clubs, calling themselves Spenceuns, or Spencean Philanthropists, And also conprofessed for their object the confiscation and division of the land,
? cerning Spenand the extinction of the funded property of the kingdom; and or clubs, &c. that it was expedient and necessary that they should be utterly suppressed and prohibited as unlawful combinations and confederacies highly dangerous to the peace and tranquillity of the kingdom, and to the constitution of its government. And then it enacts, “ That all societies or clubs' calling themselves Spenceans, And the Spen" or Spencean Philanthropists, and all other societies or clubs, by C
cean societies “ whatever name or description the same are called or known, are suppressed “who hold and profess, or who shall hold and profess, the same and prohibited " objects and doctrines, shall be, and the same are hereby utterly
by uutery combinations “suppressed and prohibited, as being unlawful combinations und and confede“confederacies against the government of our sovereign lord the racies. " “king, and against the peace and security of his Majesty's liege, “ subjects.”
The twenty-fifth section enacts, “ That all and every the said 57 Geo. 3. c. “ societies or clubs, and also all and every other society or club
h 19. 8. 25, So
cieties taking “ now established, or hereafter to be established, the members unlawful oaths, “ whereof shall be required or admitted to take any oath or en- &c. or electing “ gagement which shall be an unlawful engagement within the
the delegates, &c. “ meaning of the 37 Geo. 3. c. 123. (cl) or within the meaning of to be deemed “ the 52 Geo. 3. c. 104. (e) or to take any oath not required or unlawful com“ authorized by law; and every society or club, the members confederacies.
binations and “ whereof, or any of them, shall take or in any manner bind them“ selves 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"scribe, or assent to, or shall take, subscribe, or assent to, any “ test or declaration not required or authorized by law, in what“ ever 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 mem(d) Ante, 129.
(9) Ante, 130.
be unlawful.comembers there for persuade
“ bers of any such society or club; and every society or club that “ shall elect, appoint, nominate, or employ any committee, dele“ gate or delegates, representative or representatives, missionary “ or 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 the 39 Geo. 3. c. 79. (f) and shall and may be pro“ secuted, proceeded against, and punished, according to the pro
visions 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 corre“spondence 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 contri“ bution 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, prosecuted, and punished, “ according to the provisions of the said act, with regard to the “prosecution and punishment of unlawful combinations and con
“ federacies.” (g) 57 G. 3. c. 19.
Nothing contained in this act is to extend to lodges of Frees. 26, The masons, complying with the regulations of the 39 Geo. 3. c. 79; (h) act is not to
nor to any declaration approved and subscribed by two or more extend to lodges of justices of the peace, and confirmed by the major part of the jus. Freemasons; tices at a general session, or at a general quarter sessions of the nor to decla
peace, pursuant to the regulations in the said act of the 39 Geo. 3. proved by jus- c. 79.;(i) nor to meetings of Quakers; nor to any meeting or tices; nor to society for purposes of a religious or charitable nature only, and in
which no other matter or business shall be discussed. (k) societies for charitable purposes. S. 28. Offence Any person knowingly permitting any meeting of any society, or of persons
club, declared by this act to be an unlawful combination or conpermitting unlawful federacy, or of any division or committee of such society or club, meetings. to be held in any place belonging to him, or in his possession or
occupation, is made liable, for the first offence, to a forfeiture of five pounds; and for any offence committed after the conviction
for such first offence is to be deemed guilty of an unlawful combiS. 29. Li nation and confederacy in breach of this act. (1) And two juscences of tices, upon evidence on oath that any such meeting, or any meethouses where
oing for any seditious purpose, has been held at any house, &c. be forfeited, licensed for the sale of liquors, with the knowledge and consent
are held to
(f) Ante, 257. et seq.
(1) 57 Gco. 3, c. 19. s. 26.
(1) Id. s. 28. Section 13 of thc 39 Gco. 3. c. 79. is nearly similar.