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s. 27.

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c. 36. s. 8. Ir.


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county or coun

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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 nocent spoiis.

any customary assembly for innocent sports or recreation, not prolibited by law. By s. 27. every clause herein 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 provi17% 18 Gen 3. sions of this act are extended to all cities, and counties Provisions of of cities, by the 17 & 18 Geo. 3. c. 36. s. 8. Ir. And by 154 16G-0.3; the 36 Geo. 3.c. 32. Ir. all persons who would be entitled supra, extended to citics, &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 ceeding in the juries of said counties, shall, at the next presenting

of the city of term in the king's bench after the offence coinmitted, by precentments for exhibiting to said court of K. B. such petition as by the elumages hulu- 15 & 16 Geo. 3. is required to be exhibited to the judges' multuous ri.

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. Riolously as- The 9 Geo.3.c. 29. Eng. recites that doubts bad arisen demolishing

whether the i Geo. 1. st. 2. c. 5. Eng. (unte p. 618.) exmills, &c a ca. tends to the pulling down and demolishing of mills; and pital felony. 9.Geo. 3. c. 29. enacts, that if any persons unlawfully, riotously, and tumuls. 1. Eng.

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. By s. 4. no person Limitation for shall be prosecuted for any offence contrary to this act, prosecutions.

unless such prosecution be commenced within 18 months 41 Gec. 3.4.24. after the otience committed. And by the 41 Geo.3.c.2+,

G.B.the dainages sustained by such demolishing, &c. such Damages how Trcovered. mills, &c. shall be recovered in such manner as provided 11 Geo. 2.c. 22. by the ! Geo. 1. st. 2. c. 5. And the 11 Geo. 2. C. 22. s. 1. Eng.


sembling and

8. 4.

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Eng. recites, that many disorderly persons have of late

Persons using frequently assembled themselves in great numbers, com- tulence to hinmitted great violences, &c. with intent to hinder the or carriage of

corn, huw pun. exportation of corn; and enacts, that if any person shall ished wilfully and maliciously beat, wound, or use any other violence to any person, with intent to deter or hinder hiin 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, four, 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 coinmitted, or before the justices of peace in open sessions, (who are hereby authorized, summarily, avid finally to determine the same,) shall be sent to the common gaol, or house of currection, 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 inaster 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 mali- offences a 2nd ciously destroy any store-louse or granary, or other time, or destroy

ing gramies, place where corn shall be kept in order to be exported; or tuking aunt

or spoiling coin or shall unlawfuily enter any such store-house, &c. and therein, ur in take any corn, flour, meal, or grain therefrom, or shall $175,8% Siluny. throw abroad or spoil the same, or any part thereof; or


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Committing ac/ s. 5.


shall unlawfully enter on board any ship or vessel, and shall wiļfully and maliciously take, cast or throw out therefrom, or otherwise spoil or damage any meal, flour, wbeat, 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 sball suffer death as s. 3 & 4.

a felon without benefit of clergy. Provided (s. 3.) that Provisoes.

no attainder for any offence made felony by this act, shall work any corruption of blood, loss of dower, or disinberitance of heir. And by s. 4. no person who shall be punished for any offence by virtue of this act, shall be punished for the same offence by virtue of any other

law. By s. 5. the inhabitants of every hundred in EngSatisfaction for

land, whereiw any such offence as aforesaid shall be comsuch damage mitted, shall make full satisfaction to every person, their Tervuerable from the hundred, noi executors, &c. for the damages to their properties; and erceedling

every person wlio sirall sustain damages in his property by any of the said offences, inay sue for and recover such damages (not exceeding £100.) against the said hundred; such 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 reco

ver any damages by virtue of this act, unless he, by himbe giren, 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 bundred, 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 heing 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 on,

S. 6.

lihat notice to

»worn, lo eniille

s. 7.

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23 & 24 Geo.9.

that committed said fact, or any of them, he sliall 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 condrried within offence, no hundred or franchise shall be liable to make 12 months, the

hundred released 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 humdred, till after a year;

Limilation for

aclions ugainst vor unless the party sustaining such damage shall com- kundred. mence his suit within 2 years after the offence. And by' the 23 & 24 Geo. 3. c. 20. Ir. if any persons unlawfully, 228.26. riotonsly, and tumultuously assembled together, shall wilfully and maliciously pull down, demolish, set fire to, Persons tumul

trously assemo or destroy, or begin to pull down, &c. any store-house, bled, and des

troying, GG mill, granary, corn-stack, or other place where corn, any store-house, grain, meal, malt, flour, or potatoes, are usually stored &c; or taking or or kept for exportation or sale; or shall unlawfully enter corn, &c. or long

other violences or break into, or unlawfully attempt to enter or break obstructing the into any such store-house, &c. or take, carry away, throw freedom is corn abroad, or spoil, or attempt by force to take, &c. any

the corn trade,

guilty of a cacorn, &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, case over-board, destroy, or damage any of the articles laden therein; or wilfully cut, injure, spoil, or take away the said slip, &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 anlawfully, 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, froin 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


of the said articles on the way to or from any mill, store, granary, or market, sea-port or place of shipping, with inteat to prevent the corn, &c. therein, or loaden there

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 wlierewith 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 oflender, 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 darnages which shall be sustained by means of any

of Damages hozo recovered.

the offences against this act, shall be recovered by action in any court of record, (wherein, &c.) by the persen 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 parisha 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 plaiutiff, the damages recovered on such judgment, together with the costs, shall be levied as herein-after directed, and paid to the plaintiff, bis executors, &c. By s. 3. every sheriff upon receiving any

writ of execution in pursuance of any such judgment, ramares how applotted ard shiall, 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 recior, 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.


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