city, mentioning the sum he is commanded by said writ to levy, and requiring that the said sum may be forthwith applotted and levied on the said county of a town, &c. and he shall likewise, within 6 days after the receipt of any such writ, post a notice on the door of the church, or market-house, or other conspicuous place in such county of a town, city, or parish, requiring the landholders, and inhabitants of said county of a town, &c. to meet on some certain day, not more than 14 days distant, at some place within the same, to be named in such notice, to applot the said sum upon such county of a town, &c. and to choose a collector or collectors to levy the same; and such land-holders and inhabitants shall make such applotment, and choose such collector; and every collector so appointed shall levy the said sum according to said applotment, together with 1s. in the pound for his own trouble, by distress and sale of the goods of every person refusing to pay. And by s. 4. in case no such applotment shall be made, or no such colLector shall be appointed, or that such collector or de 1 fendant, or some other person of the county of the town, 1.4. If no applotment, nor collet tor appointed, nor money paid iff to levy party. 8. 5. magistrates, and city, or parish, shall not, within 30 days from the day in 30days, sher mentioned in such notice for the inhabitants and land- against the holders to meet, pay unto the sheriff the full sum mentioned in such notice, together with 18. in the pound for his fees, the said sheriff shall levy the same off the goods of the person against whom the writ shall have been issued, his executors, &c. By s. 5, the return to every such writ shall be made by the sheriff, on the next return day which shall happen after 60 days from his re- Duty of sheriffs, ceiving the same; and if the said sheriff, or any magis- constables, in trate, or any constable of the county, county of the town how enforced, or city, shall neglect or refuse to assist such collector or other person in the execution of his duty in levying the same, upon being thereunto required, such sheriff, &c. shall forfeit £100. to be recovered by any person who may sue by action or information; and every justice of the peace convicted thereof, shall be removed for ever from the commission of the peace. And by s. 6. if no applotment shall be made, or no collector shall be appointed VOL II. 2 T levying money, 4.6. Party from levied, how reimbursed. 9. 7. Persons unlawe tully assembling, any building, pointed pursuant to the provision aforesaid, or if the whom money is sheriff shall levy the whole, or any part of the money, off the defendant, his executors, &c. the defendant, if he be himself a magistrate, or any magistrate or justice of peace within the county, county of the town or city, to whom application shall be made by the defendant, his exccutors, &c. or any person inhabiting or holding land in the said county of a town, &c. shall applot the sum required to be raised, or the sum which shall have been so levied off the defendant, his executors, &c. together with the fees for the sheriff and the collector as aforesaid, on the county of the town, &c. and issue his warrants for levying and paying it to such defendant, his executors, &c. by distress and sale of goods of every person refusing to pay the sum applotted for him to pay. By s. 7. if any persons unlawfully, riotously, and tumultuously assembled together, shall unlawfully, and with force, demolish or pull down, or begin to demolish, &c. demolishing, Sc. or wilfully set fire to, or attempt to set fire to, or break c. guilty of a into, or attempt to break into any building, dwellingcapital felony. house, ware-house, work-shop, work-house, mill, granary, store-room, barn, stable, or any house, building, or out-house, every such offence shall be felony without benefit of clergy. And by s. 8. if any persons unlawfully, riotously, and tumultuously assembled, shall unTumultuously lawfully and by force, in the day or night, destroy, or chine, & used begin to destroy any machine, or part of a machine, or any tool or utensil, used or intended to be used for the a capital felony, purpose of manufacture; or shall unlawfully or by force cut, break, or destroy any goods manufactured, or unmanufactured; or if any person shall wilfully or maliciously set fire to, burn, demolish, pull down, or otherwise destroy any fire-engine, or other engine, erected for draining water from any colliery or mine, or for raising coals or minerals out of any colliery or mine, every such person shall be guilty of felony without benefit of clergy. By s. 9. every person who shall suffer any injury by means of the offences aforesaid, may bring like hure recovered, actions for the damages, against such persons, and such damages and costs shall be recovered, levied, and paid, in like manner as herein-before enacted, s. 2 to 6. By s. 8. destroying ma for manufacture, or engine for colliery or mine, s. 9. Such damages how 2. 10. Plaintiff may bring his action joining. s. 11. actions. s. 12. present expenses prosecuting s. 13. ty, the sum le s. 10. where any action shall be brought for damages sustained by any offence committed in any county, county of a town or city, such action may be brought at the choice of the plaintiff, in any county next adjoining in county adthereto. And by s. 11. no recovery of damages shall be' had on any action brought in pursuance of this act, unless the same shall be brought within 2 years after the Limitation for offence. By s. 12. it shall be lawful for the court before which any person shall be tried for any such offence, to direct the grand jury to present (to be raised off the Grand juries to county, county of a town or city,) such sum as shall be for taking and proved before them, in open court, to have been expend- offenders. ed in the taking and prosecuting such person, whether such person shall have been acquitted or not, the same to be levied as other monies presented by grand juries are levied, and to be paid to the persons who expended the same. And by s. 13. if any inhabitant of any parish on which the damages shall or ought to be Grand jury to levied, and costs recovered upon any action brought by present on coun virtue of this act, shall prosecute or cause to be prose- vid off the cuted to conviction, any of the persons guilty of the' offence, within 2 years after the committal of the offence, and shall make the same appear in open court, to the satisfaction of the judge, at the next assizes for the county wherein such parish is situate, or if in the county of Dublin, to the satisfaction of the court of king's bench, at the next, or any succeeding term, such judge or court shall direct the grand jury to present the sum levied (or which ought to be levied) off the said parish, to be raised off the county, and paid to the persons in said parish, according to the several payments made by them to the persons to whom such money, if levied off said parish, ought to have been paid; and in case any grand jury shall refuse or decline to present such sum of money, as, for the purposes aforesaid, or either of them, shall be so proved and directed, then it shall be lawful for said court or judge to refuse his or their fiat to every presentment made by such grand jury at such assizes or term. To this head of riots may also be referred the 28 Geo. 2. c. 27. Ir. which explains and 28 Geo 3. c.27. 2 T2 parish. 6. 2. ir. amende Jurisdiction of of riot at fisk eries. amends the laws relative to the fisheries on the coasts of justices in cases this kingdom; and enacts, that in case of any riot or disturbance on shore, where no sufficient remedy is provided for immediately putting a stop thereto, or for enabling any justice of peace to make compensation to the person aggrieved thereby, by any law in being, it shall be lawful for any justice of peace, on complaint made on oath, to cause the person charged therewith to be brought before him, and to determine the same in a summary way on the oath of one witness, and on proof thereof to fine any such person in any sum not exceeding 40s. to be levied by distress and sale of goods, and to pay over the same to the party injured, and if no distress be found, to commit such person to prison for any time not exceeding one month, provided such fine shall not be paid within that time.* To this head of riot might also be referred various statutes relating to the offence of malicious mischief, and which will be found under that head in a subsequent chapter. § 2. Certain societies II. The following statutes seem peculiarly to belong to the head of unlawful assemblies. The 39 Geo. 3. c. 79. suppressed as Eng. recites (inter alia) that a traitorous conspiracy has long been carried on, in conjunction with the persons 59Geo.3. c. 79. from time to time exercising the powers of government unlawful assem blies. s. 1. Eng. in France, to overturn the laws, constitution, and government, and every existing establishment, civil and ecclesiastical, in Great Britain and Ireland, and to dissolve the connexion between the two kingdoms; and that in pursuauce of such design, divers societies have been instituted, particularly certain societies calling themselves societies of united Englishmen, united Scotchmen, united Britons, united Irishmen, and the London corresponding society; and that the members of many such societies have taken unlawful oaths, and engagements of fidelity and secrecy, and used secret signs, and appoint ed The 11 & 12 Geo. 3. c. 18. Ir. provides specially for tumultuous assemblies in the county and county of the city of Cork; And the 19 & 20 Geo. 3. c. 36. Ir. contains provisions rela ing also peculiarly to the county and county of the city of Dublin, in the All societies the members where of shall be re any quired to take mem oath not any authorized by law, or which shall have any known to the c. to be deem confederacies. ed unlateful ed committees, secretaries, and other officers, in a secret manner; and many of such societies are composed of different divisions, branches, or parts, which communicate with each other by secretaries, delegates, or otherwise; and enacts, that these, and other corresponding societies, shall be suppressed as unlawful combinations and confederacies. And by s. 2. every society of which the members shall, according to the rules thereof, be required to take any oath or engagement within meaning of the 37 Geo. 3. c. 123. ante p. 522. or oath not required or authorized by law; or the bers whereof, or any of them, shall take, or manner bind themselves by, any such oath or engage- committees not ment, in consequence of being members of such society; society at large, or who shall take, subscribe, or assent to any test or declaration not required by law, nor authorized in the manner herein-after mentioned; or of which the names of the members, or of any of them, shall be kept secret from the society at large, or which shall have any committee or select body so chosen, that the members constituting the same shall not be known by the society at large; or which shall have any president, treasurer, secretary, delegate, or other officer, so chosen or appointed that his election, &c. shall not be known to the society at large; or of which the names of all the 'members, and of all committees or select bodies of members, and of all presidents, treasurers, secretaries, delegates, and other officers, shall not be entered in a book to be kept for that purpose, and to be open to the inspection of all the members; and every society which shall be composed of different divisions or branches, or of different parts, acting in any manner separately or distinct from each other, or of which any part shall have any distinct president, secretary, treasurer, delegate or other officer, elected or appointed by or for such part, or to act as an officer for such part; shall be deemed to be unlawful combinations and confederacies; and every person who shall become a member of any such society, or who being a member of any such society at the passing of this act (12th July 1799,) shall afterwards act as a member |