Proviso as to meetings at ings of any number of persons for their lawful occasions, fairs, or for in- or at any fair or market, or reputed fair or market, or any customary assembly for innocent sports or recreation, nocent sports. s. 27. Act how claimed. pro 17 & 18 Geo 3. Provisions of supra, extended Ir. Mode of pro ceeding in the By s. 27. every clause herein not prohibited by law. shall be read publicly in open court on the 2d day of every assizes, and the 1st day of every quarter-sessions of the peace, in every county. And the several provic. 36. s. 8. Ir. sions of this act are extended to all cities, and counties of cities, by the 17 & 18 Geo. 3. c. 36. s. 8. Ir. And by 15 & 16 G-0.3, the 36 Geo. 3. c. 32. Ir. all persons who would be entitled to cities, &c. to receive satisfaction for such injuries (as in the 15 & 16 36 Geo. 3.c.32. Geo. 3. supra) within the county of Dublin, and county of the city of Dublin, by presentment of the grand juries of said counties, shall, at the next presenting ty of the city of term in the king's bench after the offence committed, by presentments for exhibiting to said court of K. B. such petition as by the 15 & 16 Geo. 3. is required to be exhibited to the judges' of assize, have compensation made to them for such damages as they shall have sustained within the meaning of said act; and in acting on such petition, the court of K.B. shall have the same authority, as by the 15 & 16 Geo. 3. is given to the judges of assize; and the grand juries of the said two counties shall make presentments upon such petitions, as grand juries at assizes in their counties. counly or coun Imblin to obtain d'images by tumultuous ri songs. Riotously as sembling and demolishing The 9 Geo. 3. c. 29. Eng. recites that doubts had arisen whether the 1 Geo. 1. st. 2. c. 5. Eng. (ante p. 618.) exmills, &c. aca. tends to the pulling down and demolishing of mills; and 9 Geo. 3. c. 29. enacts, that if any persons unlawfully, riotously, and tumul pital felony. s. 1. Eng. 5.4. By s. 4. no person tuously assembled together, to the disturbance of the public peace, shall unlawfully, and with force, demolish or pull down, or begin to demolish or pull down, any wind-sawmill, or other wind-mill, or any water-mill, or other mill, or any of the works thereto belonging; every such demolishing, &c. or beginning to demolish, &c. shall be felony without benefit of clergy. shall be prosecuted for any offence contrary to this act, unless such prosecution be commenced within 18 months. after the offence committed. And by the 41 Geo. 3. c. 24, G. B. the damages sustained by such demolishing, &c. such Damages how recovered. mills, &c. shall be recovered in such manner as provided 11 Geo. 2.c.22. by the 1 Geo. 1. st. 2. c. 5. And the 11 Geo. 2. c. 22. s. 1. Eng. Limitation for prosecutions. 41 Gec. 3.c.24. C. B. Eng. ished. how Eng. recites, that many disorderly persons have of late Persons using frequently assembled themselves in great numbers, com- violence to hinder the purchase mitted great violences, &c. with intent to hinder the or cantage of exportation of corn; and enacts, that if any person shall com, hte pun wilfully and maliciously beat, wound, or use any other violence to any person, with intent to deter or hinder him from buying of corn or grain in any market, or other place in this kingdom; or shall unlawfully stop or seize upon any waggou, 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 seaport 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 of such waggon, &c. so loaded, in order to stop the same; or shall, by cutting of the sacks, or otherwise, scatter or throw abroad such wheat, &c. or shall take or carry away, spoil or damage the same, or any part thereof; every such person, being convicted before 2 justices of the county, &c. wherein such offence shall be committed, or before the justices of peace in open sessions, (who are hereby authorized, summarily, and finally to determine the same,) shall be sent to the common gaol, or house of correction, there to be kept to hard labour for any time not exceeding 3 months, nor less than one month; and shall by the same justices be ordered to be once publicly whipped by the master or keeper of such gaol or house of correction, in such city, market-town, or sea-port, in or near to which such offence shall be committed, on the first convenient marketday, at the market cross or market place there, between the hours of eleven and two. And by s. 2. if any person so convicted shall commit any of the said offences a second time, or if any person shall wilfully and maliciously destroy any store-house or granary, or other place where corn shall be kept in order to be exported; or taking awar or spoiling corn or shall unlawfully enter any such store-house, &c. and therein, or in take any corn, flour, meal, or grain therefrom, or shall throw abroad or spoil the same, or any part thereof; or shall s.2. Committing such offences a 2nd time, or destroy ing granaries, s. 3 & 4. Provisoes. s. 5. Satisfaction for such damage recoverable from exceeding .£100. 3. 6. What notice to examination sworn, to entitle shall unlawfully enter on board any ship or vessel, and shall wilfully and maliciously take, cast or throw out therefrom, or otherwise spoil or damage any meal, flour, wheat, or grain, intended for exportation, such offender shall be guilty of felony, and be transported for 7 years; and if any such offender shall return into this kingdom before the expiration of 7 years, he shall suffer death as a felon without benefit of clergy. Provided (s. 3.) that no attainder for any offence made felony by this act, shall work any corruption of blood, loss of dower, or disinheritance of heir. And by s. 4. no person who shall be punished for any offence by virtue of this shall be punished for the same offence by virtue of any other law. By s. 5. the inhabitants of every hundred in England, wherein any such offence as aforesaid shall be committed, shall make full satisfaction to every person, their the hundred, not executors, &c. for the damages to their properties; and every person who shall sustain damages in his property by any of the said offences, may sue for and recover such damages (not exceeding £100) against the said hundred; snch damages to be sued for and levied in like manner as prescribed by the 27 Eliz. c. 13. except so much thereof as relates to giving notice, making fresh suit, or other matter otherwise provided for by this act. Provided (s. 6.) that no person shall be enabled to recover any damages by virtue of this act, unless he, by himbe given, and seif or his servants, within 2 days after such damage done, shall give notice of such offence to one of the conto compensation, stables of the hundred, or to the constable, borsholder, headborough, or tithingman of the town, parish, village, hamlet or tithing, in or near which such fact shall be committed; and shall, within 10 days after such notice, give in his examinations upon oath, or the examination upon oath of his servants being present at the time of the fact being committed, or having the care of such his property to which such damage shall be done, before any justice of peace of the county, &c. where such fact shall be committed, whether he do know the persons that committed such fact, or any of them; and if upon such examination it be confessed that he do know the persons that s. 7. hundred released s. 8. Limitation for c. 20. Ir. other violencer break obstructing the freedom of corn that committed said fact, or any of them, he shall be bound by recognizance to prosecute such offenders. Provided (s. 7.) that where any offence shall be committed against this act, and any one of the offenders shall If any offender be apprehended and convicted within 12 months after the convicted within offence, no hundred or franchise shall be liable to make 12 months, the satisfaction for the damages. And by s. 8. no person who shall sustain damage by any offence contrary to this act, shall sue against any hundred, till after a year; actions against nor unless the party sustaining such damage shall com- hundred. mence his suit within 2 years after the offence. And by' the 23 & 24 Geo. 3. c. 20. Ir. if any persons unlawfully, 23 & 24 Geo.3. riotously, and tumultuously assembled together, shall wilfully and maliciously pull down, demolish, set fire to, Persons tumul tuously assem or destroy, or begin to pull down, &c. any store-house, bled, and des troying, c mill, granary, corn-stack, or other place where corn, any store-house, grain, meal, malt, flour, or potatoes, are usually stored &c. or buking or spoiling any or kept for exportation or sale; or shall unlawfully enter com, &c. or by or break into, or unlawfully attempt to enter or into any such store-house, &c. or take, carry away, throw markets, and abroad, or spoil, or attempt by force to take, &c. any guilty of a ca corn, &c. which shall be stored or kept therein; or shall pital felony. unlawfully enter on board any ship, vessel, or boat, wherein any corn, &c. shall be laden, and wilfully take, carry away, cast over-board, destroy, or damage any of the articles laden therein; or wilfully cut, injure, spoil, or take away the said ship, &c. or the rigging, furniture, tackle, or rudder thereof, or any part of such ship, &c.; or unlawfully, wilfully, and by force, obstruct, or prevent, or endeavour to obstruct, &c. the loading or laying any of the said articles on board any ship, &c.; or shall unlawfully, wilfully, and by force, prevent, or endeavour to prevent any ship, &c.loaden therewith, or in which any of the said articles shall be laden, from sailing; or shall unlawfully, wilfully, and knowingly, and by force, stop, seize, detain, take, or drive away any horse, car, cart, carriage, or boat loaden with any of the said articles on the way to or from any mill, store, granary, or market, sea-port or place of shipping, with intent to prevent the corn, &c. therein, or loaden there the corn trade, on, 5. 2. Damages how recovered. on, or any part thereof, from being taken to the house, vessel, store-house, place, or person, to which it was intended to be carried; or shall wilfully kill or maim any horse, or other beast laden therewith; or shall wilfully and forcibly cut, or otherwise break or destroy any of the sacks, or scatter or throw abroad any of the aforesaid articles wherewith such car, &c. is laden; or take away, or distribute, or compel the owner, driver, or conductor thereof to distribute, sell, or otherwise dispose of any such article wherewith such car, cart, carriage, boat, horse, or other beast is laden, or any part thereof; or shall wilfully destroy any weir, sluice, mill-dam, drain, or outwork belonging to any mill; every such offender, and all persons unlawfully, riotously, or tumultuously assembled, who shall aid or assist in the commitment, or attempting to commit any of the said offences, shall be guilty of felony without benefit of clergy. And by s. 2. all damages which shall be sustained by means of any of the offences against this act, shall be recovered by action in any court of record, (wherein, &c.) by the person injured, his executors, &c. against the chief or other magistrate of the county of the town or city, (if the said injury shall have been committed in a county of a town or city) or against any one or more of the inhabitants of the parish in any county, if the said injury shall have been committed in any parish, not being in a county of a town or city; and if on such action judgment shall be given for the plaintiff, the damages recovered on such judgment, together with the costs, shall be levied as herein-after directed, and paid to the plaintiff, his executors, &c. By s. 3. every sheriff upon receiving any writ of execution in pursuance of any such judgment, applotted and shall, within 6 days after the receipt thereof, serve a copy of the same, under his hand and seal, on the defendant if resident within his bailiwick, and likewise on the rector, vicar, church-warden, or any one principal inhabitant of the parish, if the damage shall have been incurred by any violence committed in a parish not being in a county of a town or city, or on the town-clerk, treasurer, or other public officer in a county of a town or s. 3. Tamages how levied. |