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Jurisdiction of aniends the laws relative to the fisheries on the coasts of justices in cases this kingdom ; and enacts, that in case of any riot or discries. turbance on shore, where no sufficient remedy is pro

vided 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 he 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 403. 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 inight also be referred various statutes relating to the offence of malicious mischief, and which will be found under that head in a subsequent chapter.

II. The following statutes seem peculiarly to belong to $ 2. Cerlain socielies

the head of unlawful assemblies. The 39 Geo. 3. c. 79. suppressed as Eng. recites (inter alių) that a traitorous conspiracy has unlawful assem

long been carried on, in conjunction with the persons 59Gen.3. c. 79. from time to time exercising the powers of government 8. 1. Eog.

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 pursuance of such design, divers societies have been instituted, particularly certain societies calling themselves societies of united Englishmen, united Scotchmen, united Britons, united Irishinen, and the London corresponding society; and that the members of many such societies have taken unlawful oathis, and engagements of fidelity and secrecy, and used secret signs, and appoint

ed

blies.

* The 11 & 12 Geo. 3. c. 18. Ir. provides specially for tumultuous as.. semblies in the county and county of the city of Cork; And the 19 & 20 Geo. 3. c. 36. Ir.i contains provisions rela jag also peculiarly to the county and cuunty of the city of Dublia.

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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,

Al societies the be required to take any oath or engagement within the members wheco

of shall be res meaning of the 37 Gen. 3. c. 123. ante p. 522. or any quired to take oath not required or authorized by law; or the mern- umy oath not

authorized by bers whereof, or any of them, shall take, or in any luw, or which

shall have any 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 de costo be deemclaration not required by lawv, nor authorized in the man- confederacies. ner 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 'mem bers, 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 diffe. rent 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

s. 3.

Acl not to er

a member thereof; and every person who shall maintain correspondence or intercourse with any such society, or with any division, officer, or member thereof as such, or who shall aid, abet, or support sạch society, or any member or officer thereof as such, shall be guilty of an unlawful combination and confederacy. Provided (s. 3.)

that nothing herein shall extend to any declaration to be tend to declara. taken, &c. by the members of any society, in case the tions approved by 2 justices,

form of such declaration shall have been first subscribed with ide clerk or by 2 justices of peace for the county, &c. where such the peace, and society shall ordinarily assemble, and shall have been quarter-sessions. registered with the clerk of the peace, or his deputy,

for such county, &c. (for which there shall be paid a fee of 1s.) but such approbation of the justices shall remain valid no longer than until the next general session for such county, &c. unless the same sball, on application by the parties concerned, be confirmed by the major part of the justices present at such session; and if the same shall not be then and there confirmed, the provisions of this act shall from thenceforth extend to such declaration, and to all societies or persons subscribing the same, as to all acts done by them subsequent to the

holding such session. By s. 4. no person who before er nie ma moema

the passing of this act shall have been a member of any acting after passing inis aci nnt such society, shall be liable to any penalty, in case such liable to penalty.

person shall not act as a member after the passing of this

act. And by s. 5. nothing in this act shall extend to the F.xception as to meetings of any society or lodge which shall have been lodges of free

usually under the denomination, and in conformity to

the rules of free-masons. Provided (s. 6.) that this exLedger of free. emption shall not extend to any such society, unless 2

of the meinbers shall certify upon oath, (to be admivisTegistered.

tered by any justice of peace or other magistrate) that such society or lodge has, before the passing of this act, been usually held under the denomination of a lodge of free-masons, and in conformity to the rules prevailing amongst the societies or lodges of free-masons in this kingdom; which certificate duly attested by such magistrate, and subscribed by the person so certifying, shall, within 2 months after the passing of this act, be

deposited

9. 4.

s. 5.

inasons.

s. 6.

masons to be

deposited with the clerk of the peace for the county, &c.
where such society or lodge hath been usually held :
provided also that this exemption shall not extend to any
such society, unless the denomination thereof, and the
usual place and time of its meetings, and the names and
descriptions of all the members, be registered with such
clerk of the peace, within 2 months after the passing of
this act, and also on or before the 25th day of March in
every succeeding year. By s. 7. the clerk of the peace, s. 7.
or person acting in his behalf, in any such county, &c.

Clerk of the shall receive such certificate, and make such registry as perue to lwy ceraforesaid, and inrol the same amongst the records of such :ticale and res.

gistry before the county, &e, and levy the same once in every year be- general session,

yerly, echo may fore the general session of the justices for such county, suppress any

ludge. &c.; and it shall be lawful for said justices, or for the major part of them, at their general sessions, upon coinplaint made to them upon oath, by any credible person, that the continuance of the meetings of any such lodge or society is likely to be injurious to the public peace, to direct that its meetings shall be discontinued; and any meeting held notwithstanding such order, and before the same shall, by the like authority, be revoked, shall be deemed an unlawrul combination and confederacy under this act. By s. 8. every person who shall in breach of the provisions hereof, be guilty of any unlaw

Hoxe offenders ful combination and confederacy as in this act is de- proceeded scribed, shall and may be proceeded against in a sum- punished. mary way, either before one justice of peace, or more, for the county, &c. where such person shall happen to be, or by indictment to be preferred in the county, &c. in England, where the offence shall be committed, or by indictment in the court of justiciary, or in any of the circuit courts in Scotland, if the offence be committed in Scotland ; and every person being convicted of any such offence, on the oath of one witness, by such jusrice as aforesaid, shall be committed to the common gaol or house of correction for such county, &c. for 3 calendar months, or shall be by such justice adjudged to forfeit £20. as to such justice shall seem meet; and in case such sum shall not be forthwith paid to such jus

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against and

3. 10.

Proviso.

tice, he shall, by warrant, cause the same to be levied by distress and sale of the offender's goods, together with the costs of 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 3 calendar months; and every person convicted of any such offence upon indictment, may be transported for 7 years, or imprisoned for any time not exceeding 2 years, as the court shall think fit; and every such offender who shall be ordered to be transported, shall be liable to all laws concerning offenders

ordered to be transported. But by s. 9. it shall be lawJustices may

ful for the justice of peace, by or before whom any permitigale punish- son shall, in pursuance of this act, be convicted of any ment.

combination, &c. to mitigate the punishment hereinbefore directed, if he shall see cause, provided it be not reduced to less than one third. By s. 10. any person who shall be prosecuted before any justice in a summary way, for any offence against this act, and shall be acquitted or convicted, shall not afterwards be prosecuted for the same offence; and any person who shall be convicted or acquitted upon any indictment, shall not be prosecuted before any justice of peace, in a summary way, for the same offence. Provided (s. 11.) that po. thing in this act shall prevent any prosecution by indictment, or otherwise, for any offence within the meaning of this act, and which might have been so prosecuted if this act had not been made, unless the offender shall have been prosecuted for such offence under this act; save that no person shall be prosecuted for baving been, before the passing of this act, a member of any society hereby declared to be unlawful, if such person shall not have acted as a member after the passing of this act. By s. 12. nothing herein shall discharge any person in

custody at the passing of this act, or who, having been in Proviso. custody, shall have been discharged on bail or recogni

zance, from any prosecution which might have been bad against such person if this act had not been made. By s. 13. if any person sball, knowingly, permit any meeting any society hereby declared to be unlawful, or of any

division,

.. 11.

Proviso.

$. 12.

3. 13.

of

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