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And persons correspond

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 unlawful combinations and confederacies. (h) And further, that every ing with such person who shall directly or indirectly maintain correspondence or intercourse with any such society, or with any division, branch, committee, or other select body, president, &c. or other officer, or member thereof as such, or who shall by contribution of money, or otherwise, aid, abet, or support such society, or any members or officers thereof, as such, shall be deemed guilty of an unlawful combination and confederacy.

societies, or aiding them, to be deemed guilty of an unlawful com

bination and confederacy.

The act is not

to extend to declarations approved by two justices, and registered;

nor to lodges of Free-masons, where

gistry.

There is a provision, that the act shall not extend to declarations approved by two justices, and registered with the clerk of the peace; but that such approbation shall only remain valid till the next general session, unless the same shall be confirmed by the major part of the justices at such general session. (1) And it is also enacted, that it shall not extend to the meetings of societies, 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 remasons," and in conformity to the rules prevailing among such 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 the justices; and the justices may upon complaint, upon oath, that the continuance of the meetings of any such lodge or society is likely to be injurious to the public peace and good order, direct them to be discontinued; and any such meeting, held notwithstanding such order or discontinuance, and before the same shall, by the like authority, be revoked, shall be deemed an unlawful combination and confederacy under the provisions of the act. (m) The eighth section of the statute enacts, "That every person "who, at any time after the passing of this act, shall, in breach "of the provisions thereof, be guilty of any such unlawful com"bination and confederacy as in this act is described, shall and may be proceeded against for such offence in a summary way, "either before one or more justice or justices of the peace for the county, stewartry, riding, division, city, town, or place, where "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

But the justices may order the

meetings of

any lodge to be discontinued and any meeting held, notwithstanding

such order,
will be an un-
lawful combi-
nation and
confederacy.

39 G. 3. c. 79.
s. 8. Proceed-
ings against of-
fenders before

justices, or by

indictment.

66

66

(h) By the 59 Geo. 3. c. 19 s 27. this enactment is not to extend to meetings of Quakers, or to any meeting or society for purposes of a religious or charitable nature only, and in which no other matter shall be dis

cussed.

(i) 39 Geo. 3. c. 79. s. 3.
(k) Id. sect. 5.
(1) Id. sect. 6.
(m) Id. sect. 7.

"dictment in the court of justiciary, or in any of the circuit "courts in Scotland, if the offence shall be committed in Scot"land; and every person being convicted of any such offence, on "the oath of one or more credible witness or witnesses, by such justice or justices as aforesaid, shall be by him or them com"mitted to the common gaol, or house of correction, for such "county, &c. there to remain without bail or mainprize, for the "term of three calendar months; or shall be by such justice or "justices adjudged to forfeit and pay the sum of twenty pounds, "as to such justice or justices shall seem meet; and in case such "sum of money shall not be forthwith paid into the hands of such "justice or justices, he or they shall, by warrant under his or their "hand and seal, or hands and seals, 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, "for want of sufficient distress, shall commit such offender to the "common gaol or house of correction of such county, &c. for any "time not exceeding three calendar months; and every person "convicted of any such offence, upon indictment by due course of "law, shall and may be transported for the term of seven years, "in the manner provided by law for transportation of offenders; "or imprisoned for any time not exceeding two years, as the "court before whom such offender shall be tried shall think fit; "and every such offender, who shall be ordered to be transported, "shall be subject and liable to all laws concerning offenders or"dered to be transported."

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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 punishment. 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, 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- liable to other ment, shall not afterwards be prosecuted before any justice in a summary way. (0) 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 promight 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)

prosecutions.

secuted, under

purpose of mi

The statute 60 G. 3. and 1 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 and to the danger of the public peace, enacts, "That all meetings " and assemblies of persons for the purpose of training or drilling "themselves, or of being trained or drilled to the use of arms, or "for the purpose of practising military exercise, movements, or "evolutions, without any lawful authority from his majesty, or "the lieutenant, or two justices of the peace of any county or (n) 39 Geo. 3. c. 79. s. 9. (n) Id. seet. 10.

(p) 39 Geo. 3. c. 79. s. 11.

prohibited; and persons attendings, for the ing such meetpurpose of training others, or aiding

therein, liable

to be transported or imprisoned. And persons attending for the purpose of

being trained, liable to be fined and imprisoned.

57 G. 3. c. 19.

G. 4. c. 6. temporary enact

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riding, or of any stewartry, by commission or otherwise, for so 66 doing, shall be, and the same are hereby prohibited as danger"ous to the peace and security of his majesty's liege subjects, and "of his government; and every person who shall be present at, "or attend any such meeting or assembly for the purpose of train

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ing and drilling any other person or persons, to the use of arms, "C or the practice of military exercise, movements, or evolutions, or who shall train or drill any other person or persons to the use "of arms, or the practice of military exercise, movements, or evolutions, or who shall aid or assist therein, being legally convicted "thereof, shall be liable to be transported for any term not ex"ceeding seven years, or to be punished by imprisonment, not "exceeding two years, at the discretion of the court in which such "conviction shall be had; and every person who shall attend or "be present at any such meeting or assembly as aforesaid, for the r purpose of being, or who shall at any such meeting or assembly "be trained or drilled to the use of arms, or the practice of military exercise, movements, or evolutions, being legally convicted thereof, shall be liable to be punished by fine and imprisonment, "not exceeding two years, at the discretion of the court in which "such conviction shall be had." (a)

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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 assemblies of persons, collected for the purpose, or under the pretext 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.

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57 G. 3. c. 19. Enactments not limited in

their duration.

Sect. 23.

No meetings to be held on cer

tain days within a mile of Westminster Hall.

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But the statute 57 Geo. 3. c. 19. contains also several enactments relating to meetings and assemblies of persons which are not of a limited duration.

The twenty-third section, 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; enacts, 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 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. 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. But there is a

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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.

cites concern

The twenty-fourth section recites, that divers societies and 57 Geo. 3. c. clubs had been instituted in the metropolis, and in various parts of 19. s. 24. rethe kingdom, of a dangerous nature and tendency, inconsistent ing societies with the public tranquillity and the existence of the established taking unlaw government, laws, and constitution, of the kingdom; and that the ful oaths, &c. 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 Spenceans, 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, 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 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."

66

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cean societies

And the Spen

cean societies or clubs, &c. are suppressed and prohibited as unlawful

committees,

confederacies.

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 19. s. 25. Societies 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 delegates, &c. "meaning of the 37 Geo. 3. c. 123. (d) 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 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. (*) Ante, 130

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57 G. 3. c. 19. s. 26. The

act is not to extend to lodges of Freemasons; nor to declarations ap

proved by jus

tices; nor to meetings or societies for

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"bers of any such society or club; and every society or club that "shall elect, appoint, nominate, or employ any committee, delegate 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 cc 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 66 any committee or delegate, representative or missionary, or with 66 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)

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Nothing contained in this act is to extend to lodges of Freemasons, complying with the regulations of the 39 Geo. 3. c. 79; (h) nor to any declaration approved and subscribed by two or more justices of the peace, and confirmed by the major part of the justices at a general session, or at a general quarter sessions of the peace, pursuant to the regulations in the said act of the 39 Geo. 3. c. 79.; (i) nor to meetings of Quakers; nor to any meeting or society for purposes of a religious or charitable nature only, and in which no other matter or business shall be discussed. (k)

charitable purposes.

S. 28. Offence of persons permitting unlawful meetings.

S. 29. Licences of

houses where they are held to be forfeited,

Any person knowingly permitting any meeting of any society, or club, declared by this act to be an unlawful combination or confederacy, or of any division or committee of such society or club, 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 combination and confederacy in breach of this act. (1) And two justices, upon evidence on oath that any such meeting, or any meeting for any seditious purpose, has been held at any house, &c. licensed for the sale of liquors, with the knowledge and consent

(ƒ) Ante, 257. et seq.

(g) Ante, 258.
(h) Ante, 258.

(i) Ante, Ibid.

(k) 57 Geo. 3, c. 19. s. 26.

(l) Id. s. 28. Section 13 of the 39 Geo. 3. c. 79. is nearly similar.

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