Disturbing semblies: ed. CHAP. II. OF PROTECTIVE ENACTMENTS. SEC. I.-Of Disturbing a Lawful Assembly. By a recent statute (a) it is enacted, that any religious as- person wilfully and maliciously or contemptuously generally, disquieting or disturbing any meeting, assembly, or how punish- congregation of persons authorised by this act or any former act or acts of parliament, or in any way disturbing or molesting, or misusing any preacher, teacher, or person officiating at such meeting, assembly, or congregation, or any person or persons there assembled, on proof thereof before any justice of the peace, by two or more credible witnesses, must find two sureties to be bound by recognizances in the penal sum of 50l. to answer for such offence; and in default of sureties, is to be committed to prison till the next general or quarter sessions; and on conviction there, ineurs a penalty of 407.; and this penalty may be levied by distress, under the hand and seal, or hands and seals of two justices of the peace for the county, riding, city or place in which such offence was committed, or forfeiture incurred; one moiety to be paid to the informer, and the other moiety to the poor of the parish where the offence was committed, and in case of no sufficient distress, the said justices may commit the offender to prison for any period not exceeding three months; but no penalty can be recovered under this act unless (a) 52 Geo. 3, c. 155, s. 12, 15, 17. the offence is prosecuted within six months after its commission; and no person who suffers imprisonment for nonpayment of the penalty is afterwards liable to its payment. This enactment, however, does not extend to Quakers (a), nor to any meetings or assemblies for religious worship, held or convened by them; they are nevertheless within the protection of the following enactment. assemblies them. Any person who wilfully and of purpose, malici- Coming into ously or contemptuously comes into any congregation in order to permitted by the Toleration Act, and disquiets or disturb disturbs the same, or misuses any preacher or teacher, incurs, on information and conviction thereof, in a manner similar to that above-mentioned, a penalty of 201. to the use of the crown (¿). In order to sustain an indictment for these offences, the place of meeting must be proved to have been duly registered; and where a disturbance to the worship is complained of, it seems necessary to prove the service to have actually commenced; but in such case, it is not now necessary to prove the personal qualifications required by the Toleration Act (c). An indictment for these offences at the quarter sessions may be removed by certiorari into the King's Bench before verdict; and on conviction of several defendants on the same indictment, each of them is liable to the whole penalty (d). And the court of King's Bench will grant a criminal information on sufficient affidavits (e). (a) 52 Geo. 3, c. 155, s. 14. (b) 1 W. & M. c. 18, s. 18. (c) R. v. Hube and others, Peake, C. 180. (d) S. C. 5. T. R. 542. Demolish Highly indecorous and improper behaviour is deemed a disturbance within the meaning of the eighteenth section of the Toleration Act, even though malice or contempt is not proved: as where the prior clerk of a chapel, assisted by two elders, forcibly removed a newly-appointed clerk from the desk during "divine service (a). And the protection of these statutes extends to Lutheran and other Protestant congregations, composed principally of foreigners performing the service in a foreign language (6). An agreement to drop a prosecution for this offence, and a consequent discharge with the consent of the committing magistrates, in full satisfaction and discharge of the assault and imprisonment, is no legal satisfaction to the person so committed, in an action of trespass and false imprisonment brought by him against the magistrates: for either the agreement is illegal, as stifling a prosecution for a public misdemeanour; or the satisfaction moved from the prosecutor only and not from the magistrates, whose authority being at an end after the commitment, their consent afterwards is a mere nullity (c). SEC. II. Against riotously pulling down, damaging and injuring Places of Worship. PERSONS unlawfully, riotously, and tumultously ing or pull-assembled together to the disturbance of the public peace, who unlawfully and with force demolish or pull ing down. (a) R. v. Hube and others, supra. (b) S. C. 182. (c) 5 East, 294. down, or begin to demolish or pull down any chapel or building for religious worship certified and registered according to the statute 1 W. & M.s. 1, c. 18, or any dwelling-house or outhouse thereto belonging, are adjudged felons, and incur the penalty of death as in case of felony without benefit of clergy (a). And in such case (b), and also in case the said chapel or building shall be in any manner damaged or in- Damaging jured, or any fixtures thereto affixed, or any furni- or injuring. ture, goods, or commodities whatever, which shall be therein, shall be destroyed, taken away or damaged by the act or acts of any riotous or tumultuous assembly of persons, or by the act or acts of any person or persons engaged in, or making part of such riotous or tumultuous assembly (c), and the damage sustained exceeds the sum of 307., (d) then in case the said Where chapel or building aforesaid stands in a city or town that is either a county of itself, or is not within any hundred, the inhabitants of the hundred in which such damage is done are liable to make good the same; and the damages incurred may be recovered by action brought in any court of record at Westminster, by the person or persons damnified, in the name of the trustee or other individual in whom the legal fee is vested for existing purposes; or even, it is presumed, in the name of a bare trustee of a satisfied term (e), in trust to apply the damages recovered in rebuilding and repairing such chapel or building as aforesaid; and such damages are to be levied in the manner (a) 1 Geo. 1, st. 2, c. 5, s. 4. (b) Ibid, s. 6. (c) 57 Geo. 3, c. 19, s. 39. (e) 5 T. R. 14. above 301. Where under 301. prescribed by the 27 Eliz. c. 13, s. 11, for reimbursing the persons therein mentioned. But if the chapel or building stands in any city or town, that is either a county of itself, or not within any hundred, the action must be brought against two or more of the inhabitants of such city or town (a). These actions may be commenced by bill in the King's Bench, or by common capias in the Common Pleas (6), without restriction as to time; when brought on the statutes 41 Geo. 3, c. 24, and 1 Geo. 1, st. 2, c. 5, it is unnecessary to aver, what must nevertheless be proved, that the act of demolition was felonious (c); and in these actions the defendants may now, with the consent and approbation of one or more justices, acting in or for the parish, township or place, in which damages are alleged to have been sustained, suffer judgment by default; but the plaintiff must nevertheless produce the same proof before the sheriff, or other officers taking the inquisition, as would have been required if the action had been defended. And in taxing costs, to which the plaintiff is entitled (d), no more witnesses shall be allowed for than the sheriff or other officer certifies to have been necessary (e). But where the damage incurred is under 301., the party injured must give one month's notice to the highconstable of the nature of his loss, and of his intention to proceed against the hundred; the high-constable is thereupon to give notice to the resident magistrates, (a) 1 Geo. 1, st. 2, c.5, s.6. Price, 345. (d) 2 Wils. 91. Cowp. 485. (e) 3 Geo. 4, c. 33, s. 6. |