53 Geo. III.

offenders.

authority of the same, That it shall be lawful for any General or other No. LXII. Officer commanding any station, or commanding any division, brigade, detachment or distinct party, belonging to any army of his Majesty, which may at any time be serving at any place beyond the seas out of his Mac. 99. jesty's dominions, upon complaint made to him of any crime or crimes, offence or offences, done or committed against the property or person of Courts Marany inhabitant of or resident in any such countries, by any non-commis- tial for trying sioned officer, soldier or other person serving with or belonging to his Majesty's armies in the field, being under the immediate command of any such general or other officer, to summon and cause to assemble a Court Martial, which shall consist of not less than three officers at the least, for the purpose of trying any such person or persons accused or suspected of having committed any such crime or crimes, offence or offences as aforesaid, notwithstanding such general or other officer shall not have received from his Majesty, or from any person having his Majesty's authority in that behalf, any warrant or warrants empowering such general or other officer to summon or assemble Courts Martial.

II. And be it further enacted, That every Court Martial so assembled Courts Martial under the authority of this Act shall have power to try any such person or so assembled, persons so accused or suspected as aforesaid, and to adjudge any such may try and person or persons to suffer any such punishment, as by any Act for the punish ofpunishment of mutiny and desertion which may be in force at the time fenders. such crime or crimes, offence or offences, shall have been committed, or by any Article or Articles of War issued by his Majesty under the authority of any such Act, shall be prescribed for any crime or crimes, offence or offences, with which any such person or persons shall be charged before

such Court Martial: Provided always, that no sentence of such Court Sentences to Martial assembled under the authority of this Act, shall be executed, until be confirmed. the General commanding in Chief any army, of which the division, brigade, detachment, or party, to which any person so tried, convicted and adjudged to suffer punishment shall belong, shall have approved and confirmed the same.

nesses.

III. Provided always, and be it further enacted, That every Court Mar- Courts Martial tial assembled under the authority of this Act shall have such and the same to summon and powers for summoning and examining witnesses, and witnesses guilty of examine witperjury on examination before them shall be subject and liable to the same penalties and punishments, as by any law or usage belong to any Court Perjury. Martial authorized by law; and the sentence of such Court Martial acting Sentences ununder the authority of this Act shall, after such approval and confirmation der authority as aforesaid, be equally valid and effectual to all intents and purposes as of Act after if the same had been pronounced by any Court Martial summoned, as- confirmation, sembled and acting under any Act or Acts of Parliament heretofore made valid. or now in force respecting Courts Martial.

[No. LXIII.]

54 George III. c. 146.-An Act to alter the Punishment in certain Cases of High Treason.27th July 1814.]

54 Geo. III.

c. 146.

WHEREAS in certain cases of High Treason, as the Law now stands, No. LXIII. the sentence or judgment required by Law to be pronounced or awarded against persons convicted or adjudged guilty of the said crime, in such cases is, that they should be drawn on a hurdle to the place of 'execution and there be hanged by the neck but not until they are dead, 'but that they should be taken down again, and that when they are yet alive their bowels should be taken out and burnt before their faces, and 'that afterwards their heads should be severed from their bodies, and their 'bodies be divided into four quarters, and their heads and quarters to be at the King's disposal: And whereas it is expedient in the said cases of High Treason to alter the sentence or judgment now required by Law;' Be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the

No. LXIII. same, That in all cases of High Treason, in which as the Law now stands, 54 Geo. III. the sentence or Judgment ordained by Law is as aforesaid, the sentence or judgment to be pronounced or awarded, from and after the passing of this c. 146. Act, against any person convicted or adjudged guilty shall be, that such person shall be drawn on a hurdle to the place of execution, and be there hanged by the neck until such person be dead; and that afterwards the head shall be severed from the body of such person, and the body divided into four quarters, shall be disposed of as his Majesty and his successors shall think fit.

Form of Sentence in case of High Trea

son.

II. And be it further declared and enacted, That in case his Majesty or his successors shall so think fit, his Majesty or his successors, after such sentence or judgment shall be pronounced or awarded, may by warrant under his or their sign manual, countersigned by one of his Majesty's principal Secretaries of State, declare it to be his or their will and pleasure, and may direct and order that such person as aforesaid shall not be drawn, but shall be taken in such manner as in the said warrant shall be expressed, to the place of execution, and that such person shall not be there hanged by the neck, but that instead thereof the head shall be there severed from the body of such person whilst alive, and in such warrant may direct and order how and in what manner the body, head and quarters of such person shall be disposed of; and it shall be lawful for the sheriff or other person or persons to whom such warrant shall be addressed, and whom it shall concern, to carry the same into execution accordingly.

[No. LXIV.] 57 George III. c. 6.-An Act to make perpetual certain parts of an Act of the thirty-sixth Year of his present Majesty's Person and Government against Treasonable and Seditious Practices and Attempts; [and for the Safety and Preservation of the Person of his Royal Highness the Prince Regent against Treasonable Practices and Attempts.]-[17th March 1817.]

WHEREAS by an Act passed in the thirty-sixth Year of his present Majesty's reign, intituled, An Act for the Safety and Preservation of 'his Majesty's Person and Government against Treasonable and Seditious 'Practices and Attempts, it was amongst other things enacted, That if any person or persons whatsoever, after the day of the passing of that Act, during the natural life of his Majesty, and until the end of the next Session of Parliament after the demise of the Crown, should within the 'realm or without, compass, imagine, invent, devise, or intend death or destruction, or any bodily harm tending to death or destruction, maim or wounding, imprisonment or restraint, of the person of his Majesty, his 'heirs and successors, or to deprive or depose him or them from the stile, honour, or kingly name of the imperial crown of this realm, or of any other of his Majesty's dominions or countries, or to levy war against his Majesty, his heirs and successors, within this realm, in order by force or constraint to compel him or them to change his or their measures or counsels, or in order to put any force or constraint upon or to intimidate or overawe both Houses or either House of Parliament, or to move or 'stir any foreigner or stranger with force to invade this realm or any other 'his Majesty's dominions or countries under the obeisance of his Majesty, his heirs and successors, and such compassings, imaginations, inventions, "devices, or intentions, or any of them, should express, utter, or declare, by publishing any printing or writing, or by any overt act or deed, being 'legally convicted thereof upon the oaths of two lawful and credible witnesses upon trial, or otherwise convicted or attainted by due course of Law, then every such person and persons so as aforesaid offending should be deemed, declared, and adjudged to be a Traitor and Traitors, and should suffer pains of death, and also lose and forfeit as in cases of High Treason: And whereas it is necessary and expedient that such of the provisions of the said Act as would expire at the end of the next Session

No. LXIV.

57 Geo. III.

c. 6.

⚫ of Parliament after the demise of the Crown should be further continued * and made perpetual;' Be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That all and every the hereinbefore recited provisions which relate to the heirs and successors of his Majesty, the Provisions of Sovereigns of these realms, shall be and the same are hereby made petual.

per

[No. LXV.] 57 George III. c. 7.-An Act to revive and make perpetual two Acts of the thirty-seventh Year of his present Majesty, the one in the Parliament of Great Britain, and the other in the Parliament of Ireland, for the better Prevention and Punishment of Attempts to seduce Persons serving in his Majesty's Forces by Sea or Land from their Duty and Allegiance to his Majesty, or to incite them to Mutiny or Disobedience.-[17th March 1817.]

[No. LXVI.] 57 George III. c. 19.-An Act for the more effectually preventing Seditious Meetings and Assemblies.-[31st March 1817.]*

recited Act made perpetual.

XXIII. And whereas it is highly inexpedient that Public Meetings or Regulating the Assemblies should be held near the Houses of Parliament, or near his Ma- Places of jesty's Courts of Justice in Westminster Hall, on such days as are herein- Meeting in after mentioned; be it therefore enacted, and it is hereby enacted, That it Westminster. shall not be lawful for any person or persons to convene or call together, or to give any notice for convening or calling together, any meeting of persons consisting of more than fifty persons, or for any number of persons exceeding fifty to meet in any street, square, or open place in the City or Liberties of Westminster, or County of Middlesex, within the distance of one mile from the Gate of Westminster Hall, save and except such parts of the parish of St. Paul's Covent Garden as are within the said distance, for the purpose or on the pretext of considering of or preparing any Petition, Complaint, Remonstrance, Declaration, or other Address to the King, or to his Royal Highness the Prince Regent, or to both Houses or either House of Parliament, for alteration of matters in Church or State, on any day on which the two Houses or either House of Parliament shall meet and sit, or shall be summoned or adjourned or prorogued to meet or sit, nor on any day on which his Majesty's Courts of Chancery, King's Bench, Common Pleas, and Exchequer, or any of them, or any Judge of any of them, shall sit in Westminster Hall, any thing hereinbefore contained to the contrary notwithstanding; and that if any meeting or assembly, for the purposes or on the pretexts aforesaid, of any persons, shall be assembled or holden on any such day, contrary to the intent and meaning of this enactment, such meeting or assembly shall be deemed and taken to be an unlawful assembly, by whomsoever or in consequence of what notice soever such meeting or assembly shall have been holden: Provided that nothing in this enactment contained shall by any construction whatever be deemed or taken to apply to or affect any meeting convened, called, or holden for the election of Members of Parliament, or any persons attending such meeting, or to any persons attending upon the business of either House of Parliament, or any of the said Courts.

XXIV. And whereas divers Societies or Clubs have been instituted, in Spencean Sothe metropolis and in various parts of this kingdom, of a dangerous nature cieties or and tendency, inconsistent with the public tranquillity and the existence of Clubs, &c. the established Government, Laws and Constitution of the kingdom; and suppressed

*Twenty-two first sections of this Act expired 24th July 1818.

+ This and the subsequent clauses appear to be perpetual.

ed.

c. 19.

[Part V. No. LXVI. the Members of many of such Societies or Clubs have taken unlawful oaths 57 Geo. III. and engagements of fidelity and secrecy, and have taken or subscribed, or assented to, illegal tests and declarations; and many of the said Societies or Clubs elect, appoint or employ Committees, Delegates, Representatives or Missionaries of such Societies or Clubs, to meet, confer, communicate, or and prohibit correspond with other Societies or Clubs, or with Delegates, Representatives, or Missionaries of such other Societies or Clubs, and to induce and persuade other persons to become members thereof, and by such means maintain an influence over large bodies of men, and delude many ignorant and unwary persons into the commission of acts highly criminal: And whereas certain Societies or Clubs calling themselves Spenceans or Spencean Philanthropists, hold and profess for their object the confiscation of the land, and the extinction of the funded property of the kingdom: And whereas it is expedient and necessary that all such Societies or Clubs as aforesaid should be utterly suppressed and prohibited, as unlawful Combinations and Confederacies, highly dangerous to the peace and tranquillity of this kingdom, and to the Constitution of the Government thereof, as by law established; be it enacted, That from and after the passing of this Act, all Societies or Clubs calling themselves Spenceans or Spencean Philanthropists, and all other Societies or Clubs, by whatever name or description the same are called or known, who hold and profess, or who shall hold and profess, the same objects and doctrines, shall be, and the same are hereby utterly suppressed and prohibited, as being unlawful Combinations and Confederacies against the Government of our Sovereign Lord the King, and against the peace and security of his Majesty's liege subjects.

Societies taking unlawful Oaths, &c. &c.

37 Geo. III. c. 123.

52 Geo. III. c. 104.

or electing Committees, Delegates, &c.

Members guil ty of unlawful Combination. 39 G. 3. c. 79.

XXV. And be it further enacted, That from and after the passing of this Act, all and every the said Societies or Clubs, and also all and every other Society or Club now established or hereafter to be established, the members whereof shall be required or admitted to take any oath or engagement which shall be an unlawful engagement, within the meaning of an Act passed in the thirty-seventh year of his Majesty's reign, intituled, An Act for more effectually preventing the Administering and Taking of unlawful Oaths, or within the meaning of an Act passed in the fifty-second year of his present Majesty's reign, intituled, An Act to render more effectual an Act, passed in the thirty-seventh year of his present Majesty, for preventing the Administering and Taking of unlawful Oaths, or to take any oath not required or authorized by law; and every Society or Club, the members whereof, or any of them, shall take or in any manner bind themselves by any such oath or engagement, on becoming, or in order to become, or in consequence of being a member or members of such Society or Club; and every Society or Club, the members or any member whereof shall be required or admitted to take, subscribe, or assent to, or shall take, subscribe, or assent to, any Test or Declaration not required or authorized by law, in whatever manner or form such taking or assenting shall be performed, whether by words, signs, or otherwise; either on becoming or in order to become, or in consequence of being a member or members of any such Society or Club; and every Society or Club that shall elect, appoint, nominate, or employ any Committee, Delegate or Delegates, Representative or Representatives, Missionary or Missionaries, to meet, confer, or communicate with any other Society or Club, or with any Committee, Delegate or Delegates, Representative or Representatives, Missionary or Missionaries, of such other Society or Club, or to induce or persuade any person or persons to become members thereof, shall be deemed and taken to be unlawful Combinations and Confederacies, within the meaning of an Act passed in the thirty-ninth year of the reign of his present Majesty, intituled, An Act for the more effectual Suppression of Societies established for seditious and treasonable purposes, and for better preventing treasonable and seditious practices, and shall and may be prosecuted, proceeded against, and punished, according to the provisions of the said Act; and every person who, from and after the passing of this Act, shall become a member of any such Society or Club, or who, after the passing of this Act, shall act as a member thereof, and every person who, from and after the passing of this Act, shall, directly or indirectly, maintain correspondence or intercourse with any such Society or Club, or with any Committee or Delegate, Representative or Missionary, or with any officer

c. 19.

or member thereof, as such, or who shall, by contribution of money or other- No. LXVI. wise, aid, abet, or support such Society or Club, or any members or officers 57 Geo. III. thereof, as such, shall be deemed guilty of an unlawful Combination and Confederacy within the intent and meaning of the said Act, passed in the thirty-ninth year of his Majesty's reign, for the more effectual Suppression of Societies established for seditious and treasonable purposes, and for better preventing treasonable and seditious practices; and shall and may be proceeded against, prosecuted and punished, according to the provisions of the said Act, with regard to the prosecution and punishment of unlawful Combinations and Confederacies.

XXVI. Provided always, and be it further enacted, That nothing in this Act not to exAct contained shall extend, or be construed to extend, to any Society or tend to FreeSocieties holden under the denomination of Lodges of Freemasons, in con- masons' formity to the rules prevailing in such Societies of Freemasons, provided Lodges; nor such Lodges shall comply with the Rules and Regulations contained in the to Declaration approved by said Act of the thirty-ninth year of his present Majesty, relating to such two Justices; Lodges of Freemasons; nor to any declaration to be taken, subscribed, or nor to extend assented to by the members of any Society, the form of which declaration to Meetings or shall have been first approved and subscribed by two or more Justices of the Societies for Peace, and confirmed by the major part of the Justices present at a Gene- Charitable ral Session, or at a General Quarter Sessions of the Peace, pursuant to the Purposes. Rules and Regulations contained in the said Act of the thirty-ninth year of his present Majesty; nor shall extend, or be construed to extend, to any Meeting or Society of the people commonly called Quakers; or to any Meeting or Society formed or assembled for purposes of a religious or charitable nature only, and in which no other matter or business whatsoever shall be treated of or discussed.

XXVII. And whereas, in the said Act of the thirty-ninth year of the reign 39 G. 3. c. 79. of his present Majesty, it is, amongst other things, enacted, 'That every not to extend Society which shall be composed of different Divisions or Branches, or of to Quakers' different parts acting in any manner separately or distinct from each other, Meetings, &c. or of which any part shall have any separate or 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 and taken to be unlawful Combinations and Confederacies;' be it enacted, That the said enactment shall not extend, or be construed to extend, to any Meeting or Society of the people commonly called Quakers, or to any Meeting or Society formed or assembled for purposes of a religious or charitable nature only, and in which no other matter or business whatsoever shall be treated of or discussed,

blies.

XXVIII. And be it further enacted, That if any Person shall knowingly Penalty on permit any Meeting of any Society or Club hereby declared to be an un- Persons perlawful Combination or Confederacy, or of any Division, Branch, or Com- mitting unlawmittee of such Society or Club, to be held in any house or apartment, ful Assembuilding, or other place, to him or her belonging, or in his or her possession or occupation, such person shall, for the first offence, forfeit the sum of five pounds, 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 and Confederacy, in breach of this Act.

XXIX. And be it further enacted, That it shall be lawful for any two or Licences of more Justices of the Peace, acting for any County, Stewartry, Riding, Divi- Public Houses sion, City, Town, or Place, upon evidence on oath, that any Meeting of where unlawany Society or Club hereby declared to be an unlawful Combination and ful Clubs are Confederacy, or any Meeting for any seditious purpose, hath been held, after held, to be forthe passing of this Act, at any house, room, or place, licensed for the sale feited. of Ale, Beer, Wine, or Spirituous Liquors, with the knowledge and consent of the person keeping such house, room, or place, to adjudge and declare the Licence or Licences for selling Ale, Beer, Wine, or Spirituous Liquors, granted to the person or persons keeping such house, room, or place, to be forfeited; and the person or persons so keeping such house, room, or place, shall, from and after the day of the date of such Adjudication and Declaration, and notice thereof given to him, her, or them, be subject and liable to all and every the penalties and forfeitures for any act done after that day,