Societies members of required to take oaths declared un lawful by 50 G. 3, c. 102. whose provisions of the said act, as relates to such unlawful oaths, should. 4 G. 4, c.87. be tendered more effectual; be it therefore enacted, &c., that from and after the expiration of fourteen days next after the passing of this act, any and every society, association, brother- deemed un. hood, committee, lodge, club, or confederacy whatsoever, now lawful, the established, or hereafter to be established in Ireland, of the which are nature hereinafter described, shall be and be deemed and taken to be, and is hereby declared to be an unlawful combination and confederacy; that is to say, any and every society, association, brotherhood, committee, lodge, club, or confederacy, the members whereof shall, according to the rules thereof, or to any provision or agreement for that purpose, be required, or admitted, or permitted to take any oath or engagement which shall be an unlawful oath or engagement, within the intent and meaning of the said recited act of the fiftieth year of his late majesty's reign, or to take any oath not required or authorized by law; and any and every society, association, brotherhood, committee, lodge, club, or confederacy, the members whereof, or any of them, shall take, or in any manner bind themselves by any such oath or engagement, upon becoming, or in consequence of being members of such society, association, brotherhood, committee, lodge, club, or confederacy; and any and every society, association, brotherhood, committee, lodge, club, or confederacy, Societies the members whereof shall take, subscribe, or assent to any test having or declaration not required by law; and any and every society, members association, brotherhood, lodge, club, or confederacy, of which names are the names of the members or any of them, shall be kept secret kept secret, or from the society at large, or which shall have any committee or to the associ select body chosen or appointed in such manner that the mem- ations at bers constituting the same may not be known by the society at large to be members of such committee or select body, or which shall have any president, treasurer, secretary, delegate, or other officer, chosen or appointed in such manner that the elec tion or appointment of such persons to such offices may not be known to the society at large, or of which the names of all the Names of members, and of all committees or select bodies of members, members and of all presidents, treasurers, secretaries, delegates, and other officers, shall not be entered in a book or books to be kept for that purpose, and to be open to the inspection of all the members of such society and all such societies, associations, brotherhoods, committees, lodges, clubs and confedera. cies as aforesaid, are hereby declared to be unlawful combinations and confederacies and every person who, at any time after the expiration of fourteen days next after the passing of this act, shall become a member of any such society, association, brotherhood, committee, lodge, club, or confederacy, as aforesaid, or who, being a member of any such society, association members, brotherhood, committee, lodge, club, or confederacy, at the time of the passing of this act, shall afterwards act as a member thereof; and every person who, after the expiration of fourteen days next after the passing of this act, shall, directly or indi not known large: whereof shall not be entered, All present members acting, and all future declared guilty of un lawful combination. Not to extend to de clarations of societies, if approved by two justices, and registered. ཚན 4G. 4, c. 87. rectly, maintain correspondence or intercourse with any such sẽ. ciety, association, brotherhood, committee, lodge, club or confederacy, or with any division, branch, lodge, committee, or other select body, president, treasurer, secretary, delegate, or other officer, or member thereof; as such; or who shall, by contribution of money or otherwise, aid, abet, or support any such society, association, brotherhood, committee, lodge, club, or confederacy, or any member or officer thereof, as such, shall be deemed guilty of an unlawful combination and confederacy.DD 7 2. Provided always nevertheless, and be it enacted," that nothing herein contained shall extend to any declaration to be taken, subscribed, or assented to by the meinbers of any society, in case the form of such declaration shall have been first approved and subscribed by two or more of his majesty's justices of the peace for the county, county of a city, county of a town or place, where such society shall ordinarily assemble, and shall have been registered with the clerk of the peace, or his deputy, for such county, county of a city, county of a town, or place for which there shall be paid a fee of one shilling, and no more; but that such approbation of the justices, as aforesaid, shall remain valid and effectual no longer than until the next general session for such county, county of a city, county of a town or place, unless the same shall, on application made by the parties concerned, be confirmed by the major part of the justices present at such general session; and if the same shall not be then and there so confirmed, the provisions of this act shall from thenceforth extend to such declaration, and to all societies or persons subscribing the same, in so far as may relate to all acts which may be done by them, or any of them, subsequent to the holding of such general session. Offenders may be proceeded against, before two justices. Persons con victed before justices may be imprisoned or fined. 3. That every person who, at any time after the expi ration of fourteen days next after the passing of this act, shall, in breach of any of the provisions thereof, be guilty of any such unlawful combination and confederacy as in this act is described, shall and may be proceeded against for such offence in a summary way, either before any two justices of the peace for the county, county of a city, or county of a town or place where such person shall happen to be, or by indictment, to be preferred in the county, county of a city, or county of a town or place in Ireland, wherein such offence shall be committed; and every person being convicted of any such offence, on the oath of one or more credible witness or witnesses, by such justices as aforesaid, shall be by them committed to the common gaol or house of correction for such county, county of a city, or county of a town or place, there to remain without bail or main prize for the term of three calendar months; or shall be by such justices adjudged to forfeit and pay the sum of twenty pounds, British currency, as to such justices shall seem meet; and in case such sum of money shall not be forthwith paid into the hands of such justices, they shall by warrant under their hands and seals, cause the same to be 4G. 4, c. 87, levied by distress and sale of the offender's goods and chattels, together with all costs and charges attending 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, county of a city, or county of a town or place, as aforesaid, for any time, not exceeding three calendar months; If convicted and every person convicted of any such offence, upon indictment on indictby due course of law, shall and may be transported for the term of seven years, in the manner provided by law for transportation be transportof offenders, or shall and may be sentenced to imprisonment with hard labour, and shall be imprisoned, for any time not exceeding two years, as the court before whom such offender shall be tried shall think fit; and every such offender, who shall be ordered to be transported or imprisoned, shall be subject and liable to all laws concerning offenders ordered to be transported or imprisoned, 4. Provided always, and be it enacted, that it shall be lawful for the justices of the peace, by or before whom any person shall, in pursuance of this act, be convicted of any unlawful combination or confederacy, and such justices are hereby authorized and empowered (if they shall see cause so to do) to mitigate and lessen the punishment hereinbefore directed to be inflicted upon any offender against this act so convicted as aforesaid, so as such punishment be not thereby reduced to less than onethird of the punishment hereby directed to be inflicted as aforesaid, whether such punishment shall be imprisonment or fine. 5. Provided also, and be it enacted, that any person who shall be prosecuted before any justice of the peace in a sum mary way for any offence against this act, and shall be convicted or acquitted by such justices, shall not afterwards be prosecuted, or be liable to be prosecuted, by indictment or otherwise, for the same offence; and so, in like manner, auy person who shall be convicted or acquitted upon any indictment, for any offence against this act, shall not afterwards be prosecuted, or be liable to be prosecuted, before any justices of the peace in a summary way for the same offence. 6. Provided also, and be it enacted, that nothing in this act contained shall extend to prevent any prosecution by indictment or otherwise, for any thing which shall be an offence within the intent and 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, and convicted or acquitted of such offence; and that no person shall. be prosecuted under this act, for having been, before the passing of this act, a member of any society, association, brotherhood, committee, lodge, club, or confederacy, hereby declared to be au unlawful combination and confederacy, if such person shall not in any manner have acted as a member of such society, associa ment, offenders may ed for seven prisoned for two years, labour. years, or im with hard 4 G. 4, c. 87. tion, brotherhood, committee, lodge, club, or confederasiyafter fourteen days from the passing of this act. eid lo fazovor batio Penalty on persons permitting unlawful meet. ings in their houses. Application of penalties. Form of conviction. 7. That if any person shall knowingly permit any meeting of any society hereby declared to be an unlawful combination or confederacy, or of any division, branch, core committees of such society, to be held in his or her house or apartment such person shall, for the first offence, forfeit the sum of five pounds, to be recovered in like manner as any other penalty under this act; and shall, for any such offence committed after the date of his or her conviction for such first offence, be deemed guilty of an unlawful combination or confederacy in breach of this act 8. That all pecuniary penalties imposed by this act, sshall be applied and disposed of in manner following; that is to say, one moiety thereof to the informer, and the other moiety thereof to his majesty, his heirs, and successors. དེ༔ཡང་3948 9. That any conviction by any justices of the peace for unlawful combination and confederacy in pursuance of this aet, shall and may be in the form following; that is to say: 6 to wit. 6 BE it remembered, that on this reign of in the Dat day of year of the is duly convicted 'before us, A. B. and C. D., two of his majesty's justices of the peace for "the county [city or town] of in pursuance of an act made in the fourth year of the reign of King George the Fourth (set forth the title of this act) for that the said A. B. after the passing of the said act, to wit, on the day of 'did, contrary to the said act, become a member of [or, as the case may be, act as a member of, or maintain correspondence or intercourse with, or by contribution of money or otherwise, abet or support] a society, [describing the society,] which society is an unlawful combination and confederacy within the intent and meaning of the said act; wherefore we, the said A. B. and C. D. do adjudge that he, the said A. B. do pay ⚫the sum of pounds [or be imprisoned for the space of ,] as a penalty for his offence, in pursuance of the said act. Given under our hands and seals, this in the year of our Lord "year of the reign of his majesty." SECTION 3. and in the day of 15 & 16 Geo. 3, c. 21,(a) s. 1.—Whereas it has frequently happened of late years in different parts of this kingdom, that several persons calling themselves Whiteboys, and others, as well by night as in the day-time, have in a riotous, disorderly, and tumultuous manner assembled together, and have abused and injured the persons, habitations, and properties of many of his majesty's loyal and faithful subjects, and have taken and carried away their horses and arms, and have compelled them to surrender up, quit, and leave their habitations, farms, and places of abode, and have with threats and violence imposed (a) Entitled," An act to prevent and punish tumultuous risings of persons within this kingdom, and for other purposes therein mentioned," and commonly called the WHITEBOY ACT. c. 21. sundry oaths and solemn declarations, contrary to law, and soli- 15 & 16 G. 3, cited several of his Majesty's subjects, by threats and promises, to join with them in such their mischievous and iniquitous proceedings, and have also sent threatening and incendiary letters to several persons, to the great terror of his majesty's peaceable subjects; and have taken upon themselves to obstruct the exportation of corn, grain, meal, malt, and flour, and to destroy or damage the same when intended for exportation, and have also destroyed mills, granaries, and store-houses provided for the keeping of corn; which, if not effectually prevented, must become dangerous to the general peace of this kingdom, and his Majesty's government therein. [It recites the act 5 & 6 Geo. 3, c. 8, and its insufficiency to prevent disturbances of the peare, &c.; and enacts that no person shall be indicted or punished under that act, for offences committed after the first of March, 1776.] appearing in arms, disguised &c., to the terror of &c.; misdemeanor. 2. That if any person(a) or persons, from and after the first Rising, asday of March, (1776,) being armed with any fire-arms, firelock, sembling, or pistol, or any offensive weapon or weapons whatsoever, or having his, her, or their face or faces, body or bodies disguised in any manner whatsoever, or wearing any particular badge, dress, or uniform, not usually worn by him, her, or them upon his, her, or their lawful occasions, or assuming any particular name or denomination not usually assumed by his majesty's subjects upon their lawful occasions, shall rise, assemble, or appear by day or by night, to the terror of his majesty's sub (a) Rex v. Whelan and another, Maryborough Sp. Com. June, 1832. The prisoners were indicted under the 15 & 16 Geo. 3, c. 21, s. 2, for rising, assembling, and appearing in arms, to the terror of his Majesty's subjects. The material facts proved were, that the prisoners had been arrested together in the town of Portarlington, about seven P. M. A pistol, which appeared to have been recently discharged, was found under the coat of one; and bullets were found in the pockets of both. It was also proved that a Whiteboy outrage had been committed by a large party, within a quarter of a mile of the town, between five and six o'clock, on the same evening. A shot also had been fired, and a man violently beaten. Both the prisoners, who were side by side when arrested, attempted to avoid the person who secured them. BUSHE, C. J., (with whom SMITH, B. was joined in the commission,) in charging the jury, said—that the word "rising” could not be satisfied by the mere circumstance of two men being found walking together with arms in a street or road. Neither could the word "assembling" be held to apply to such a circumstance. But the word "appearing" admitted of a different construction. And the expression " person or persons" (using the singular number) showed the intention of the legislature to be, that even a single person appearing in arms, to the terror of the King's subjects, was an offence within the statute. Provided always, that the district within which the party appeared was in a state of Whiteboy disturbance. If the jury thought that the P The Whiteboy offence, of appearing in arms to the terror of the king's subjects, may, in a disturbed district, be committed by a single individual. |