59 G. 3, c. 69. tively to make seizures, under the laws of customs and excise, or under the laws of trade and navigation; and that every such ship and vessel, with the tackle, apparel and furniture, together with all the materials, arms, ammunition and stores, which may be long to, or be on board of such ship or vessel, may be prosecuted and condemned in the like manner, and in such courts, as ships or vessels may be prosecuted and condemned, for any breach of the laws made for the protection of the revenues of customs and excise, or of the laws of trade and navigation.

Aiding the warlike equipment of foreign vessels.

Persons entering into military ser

saved from this act.

8. That if any person, in any part of the United Kingdom of Great Britain and Ireland, or in any part of his majesty's dominions beyond the seas, without the leave and license of his majesty for that purpose first had and obtained as aforesaid, shall, by adding to the number of the guns of such vessel, or by changing those on board for other guns, or by the addition of any equipment for war, increase or augment, or procure to be increased or augmented, or shall be knowingly concerned in increasing or augmenting the warlike force of any ship or vessel of war, or cruiser, or other armed vessel, which at the time of her arrival in any part of the United Kingdom, or any of his majesty's dominions, was a ship of war, cruiser, or armed vessel, in the service of any foreign prince, state, or potentate, or of any per son or persons exercising, or assuming to exercise any powers of government in or over any colony, province, or part of any pro vince or people belonging to the subjects of any such prince, state, or potentate, or to the inhabitants of any colony, province, or part of any province or country, under the controul of any person or persons so exercising, or assuming to exercise the powers of government; every such person so offending shall be deemed guilty of a misdemeanor; and shall, upon being convicted thereof, upon any information or indictment, be punished by fine and imprisonment, or either of them, at the discretion of the court before which such offender shall be convicted.

12. Provided always, and be it further enacted, that nothing in this act contained shall extend, or be construed to extend, to vice in Asia, subject to any penalty any person who shall enter into the mili tary service of any prince, state, or potentate in Asia, with leave or license, signified in the usual manner, from the governor ge neral in council, or vice-president in council, of Fort-William in Bengal, or in conformity with any orders or regulations issued or sanctioned by such governor general or vice-president in council.

CHAPTER II.

OFFENCES AGAINST THE PUBLIC PEACE.

SECTION 1.

Riot and Unlawful Assembly.

Sheriffs and other the king's minis the posse,

ters taking

shall suppress riots, and ar

17 Rich. 2, c. 8, Eng. [Recites 5 Rich. 2, c. 7, and the occurrence of serious riots in certain counties.] Wherefore our Sovereign lord the king in this present parliament hath forbidden to all the liege people, as well lords as other, of whatsoever estate that they be, that none shall make such assemblies, riot, or rumour against the peace, in no wise; and if any such assembly rest rioters. be begun, as soon as the sheriffs and other the king's ministers(a) may thereof have knowledge, they, with the strength of the county and country, where such case shall happen, shall set disturbance against such malice with all their power, and shall take such offenders, and them put in prison, till due execution of the law be of them made; and that all lords and other liege people of the realm shall be attending and aiding, with all their strength and power, to the sheriffs and ministers aforesaid.

arrest ioters,

record of con

13 Hen. 4, c. 7, s. 1, Eng.-That if any riot, assembly, or Two justices rout of people against the law, be made in parties of the realm, taking the that the justices of peace, three, or two of them at the least, and posse, may the sheriff or under-sheriff of the county where such riot, assem- and make a bly, or rout shall be made hereafter, shall come with the power viction of the county (if need be), to arrest them, and shall arrest them; against them (2) and the same justices and sheriff, or under-sheriff, shall on the view. have power to record that which they shall find so done in their presence against the law(b); (3) and that by the record of

(a) Under these words, all justices of the peace are clearly to be included. 1 Hawk. c. 65, s. 18.

(b) The practice of recording riots has now become nearly, if not altogether obsolete, notwithstanding the penalties annexed to a neglect of duty on the part of the justices, by the 4th sec. of this statute, and by 2 Hen. 5, c. 8, Eng. Those penalties were never recoverable against any but the justices of the county in which the riot was, 1 Hawk. c. 65, s. 45; and then only in cases where the riot was notorious, and savoured of insurrection and rebellion. Id. s. 51.

13 H. 4, c. 7. the same justices and sheriff or under-sheriff, such trespassers and offenders shall be convict in the same manner and form as is contained in the statute of forcible entries; (a) (4) and if it happen that such trespassers and offenders be departed before the coming of the said justices and sheriff or under-sheriff, that the same justices, three, or two of them, shall diligently inquire, within a month after such riot, assembly, or rout of people so made, and thereof shall hear and determine, according to the law of the land.

The posse comitatus shall

to suppress

riots.

2. [If the truth cannot be thus found, the whole matter shall be certified to the king and council; and the certificate shall have the force of a presentment by twelne men.]

3. [The certificate, if traversed, shall be sent for trial to the King's Bench; from which court, process shall issue to bring in the rioters. In default of appearance, and after proclamation by the sheriff, they shall stand convicted.]

4. [The nighest justices, the sheriff, under-sheriff, and judges of assize (if in the county), shall execute this statute under pain* of £100.]

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2 Hen. 5, c. 8,'s. 1, Eng.-[Recites 13 Hen. 4, c. 7, and that the statute had not been duly executed; and enacts that, upon the prayer of the party grieved, the king's commission shutt issue to inquire by a jury, as well of the original matter, as the ' default of the justices, &c.; and that the chancellor, when he has knowledge of a riot, shall send the king's writ to the justices &e., to put the 13 Hen, 4 into execution, under the pain therein consu tained.]

2, (pars.) (5) And that the king's liege people, being sufficient attend justices to travel in the county where such routs, assemblies, or riots be, shall be assistant to the justices commissioners, sheriff, or under-sheriff of the same county, when they shall be reasonably warned, to ride with the said justices, commissioners, and sheriff or under-sheriff, in aid to resist such riots, routs, and assemblies, upon pain of imprisonment, and to make fine and ransom to the king(b); (7) and that like ordinances and pains shall hold place and take effect in cities, boroughs, and other places and towns enfranchised, which have justices of the peace

(a) 2 Rich. 2, c. 7, post, 185.

(b) It hath been holden, that all persons whatsoever, and even noblemen, and all others of what condition or degree soever they may be, except women, clergymen, persons decrepit, and infants under the age of fifteen years, are bound, under pain of fine and imprisonment, upon reasonable warning, to attend the justices and sheriffs, and not only to arrest the rioters, but also to conduct them to prison.-1 Hawk. c. 65, s. 20. This is called the posse comitatus, or power of the county, forene v

within the cities, boroughs, and other places aforesaid; (8) and 2 Hen. 5, c. 8. that this statute shall begin to hold place, presently after the proclamation thereof made.

and endea

seize offen

3: Geo. 3, c. 19. Whereas of late many unlawful, riotous, and tumultuous assemblies have been in divers parts of this kingdom; and whereas it is the duty of justices of the peace, and of the sheriff, and under-sheriff of the county, where any unlawful riot or tumultuous assembly shall be, taking with them, if need be, the power of the county, to arrest the offenders so as to bring them to justice: be it therefore enacted &c., that on Magistrates, notice or knowledge of any such unlawful, riotous, and tumul- taking assistuous assembly, every justice of the peace, sheriff, under-sheriff, tance, re quired to remayor, bailiff, and other head officer, within the limits of their sort to riotous respective jurisdictions, taking with them the necessary assistance, assemblies, (and they are hereby authorized and empowered to command vour to disall his majesty's subjects of age and ability, to be assisting to perse, and them therein,) shall resort to the place where such unlawful, ders; and inriotous, and tumultuous assembly shall be, and there use their demnified for killing, utmost endeavours to disperse the same, and to apprehend and maiming, or seize the offenders, in order to their being proceeded against hurting. according to law; and that if the persons so unlawfully, riotously, and tumultuously assembled, or any of them, shall happen to be killed, maimed, or hurt, in the dispersing, seizing, or apprehending, or the endeavouring to disperse, seize, and apprehend them, that then every such justice of the peace, sheriff, under-sheriff, mayor, bailiff, head officer, or other peace officer, and all and singular persons being aiding or assisting to them or any of them, shall be freed, discharged, and indemnified, as well against the king's majesty, his heirs and successors, as against all and every other person and persons, of, for, or concerning the killing, maiming, or hurting any such person or persons so unlawfully, riotously, and tumultuously assembled, that shall happen to be so killed, maimed, or hurt as aforesaid; and that Prosecution no prosecution whatsoever shall be had or carried on, against such justice or justices of the peace, sheriff, under sheriff, mayor, bailiff, head officer, or other peace officer, or person so aiding or assisting as aforesaid, on account of any such killing, maiming, or hurting, unless the same shall be commenced within twelve months next following.(a)

26 Geo. 3, c. 24, s. 74.-That the several laws in this kingdom for raising the posse comitatus, shall be extended, as well to justices of the peace as sheriffs, in all cases of dangerous riots and outrages, violation of the public peace by multitudes of people, either by night or day.

(a) See also the 23 & 24 Geo. 3, c. 20, s. 7, ante, 36, as to riotously demolishing or setting fire to any building.

to be in twelve months.

Justices may raise the posse riots.

to suppress

Twelve or

remaining

together one hour after

27 G. 3, c. 15. 27 Geo. 3, c. 15,(a) s. 1.—For the further prevention of tumultuous risings and assemblies, and for the more adequate and effectual punishment of persons guilty of outrage, riot, and illegal combination, and of administering and taking unlawful oaths; be it enacted &c., that if any persons to the number of more rioters twelve or more, being unlawfully, riotously, and tumultuously assembled, to the disturbance of the public peace, at any time after the twenty-fifth day of March, (1787,) and being required proclamation; or commanded in the king's name, by any one or more justice felony, death. or justices of the peace, or by the sheriff of the county or his under sheriff, or by the mayor, sheriff, bailiff, or bailiffs, or other head officer or justice of the peace of any city or town corporate, where any such rising or assembly shall be, by proclamation to be made in the king's name, in the form hereinafter directed, to disperse themselves and depart to their habitations, shall, to the number of twelve or more, (notwithstanding such proclamation made as aforesaid,) unlawfully, riotously, and tumultuously remain or continue together as aforesaid, for the space one hour after such proclamation made as aforesaid; then such continuing together as aforesaid, to the number of twelve or more, after such proclamation made as aforesaid, shall be adjudged felony without benefit of clergy; and the offenders therein, being by due course of law thereof convicted, shall be adjudged felons, and shall suffer death as in cases of felony, without benefit of clergy.

Form of proclamation to

rioters.

of

2. That the order and form of the proclamation which shall be made by the authority of this act, shall be as hereafter followeth, (that is to say); the justice or other person authorized by this act to make the said proclamation, shall, amongst the said rioters, or as near to them as he can safely come, with a loud voice, command, or cause to be commanded, silence to be kept whilst proclamation is making, and after that shall openly and with loud voice make, or cause to be made proclamation in these words, or like in effect," Our sovereign lord the king chargeth "and commandeth all persons being assembled, immediately to "disperse themselves, and peaceably to depart to their habita❝tions, or to their lawful business, upon the pains contained in the

act made in the twenty-seventh year of king George the Third, "to prevent tumultuous risings and assemblies;" and every such magistrate as aforesaid, within the limits of his jurisdiction, is hereby authorized, empowered, and required, on notice or know

1

(a) Entitled, "An act to prevent tumultuous risings and assemblies, and for the more effectual punishment of persons guilty of outrage, riot, and illegal combination, and of adminis tering and taking unlawful oaths," and commonly called the RIOT ACT."