No. LXVI.

.57 Geo. III. c. 19.

Penalties exceeding 201. how to be recovered.

57 Geo. III. c. 19.

covered.

which such person or persons would be subject and liable to, if such Licence or Licences had expired, or otherwise determined on that day.

XXX. And be it further enacted, That all or any of the Pecuniary Fines, Penalties, or Forfeitures, exceeding the sum of twenty pounds, incurred under this Act, in England, Wales, or Berwick-upon-Tweed, may be recovered by Action of Debt in any of his Majesty's Courts of Record at Westminster, and in Scotland in the Court of Session there; and it shall be sufficient to declare in England, or conclude in Scotland, that the Defendant or Defender is indebted to the Plaintiff or Pursuer in the sum of

(being the sum demanded by the said action,) being forfeited by an Act made in the fifty-seventh year of the reign of his present Majesty, intituled, An Act for the more effectually preventing Seditious Meetings and Assemblies; and the Plaintiff or Pursuer, if he shall recover in such action, shall have Penalties not his full costs or expences; and any pecuniary penalty imposed by this Act, exceeding 201. not exceeding the sum of twenty pounds, and for the recovery whereof no how to be re- provision is hereinbefore contained, shall and may be recovered before any Justice or Justices of the Peace for the County, Stewartry, Riding, Division, City, Town, or Place, in which the same shall be incurred, or the person having incurred the same shall happen to be, in a summary way; and in case such last-mentioned penalty shall not be forthwith paid, such Justice or Justices shall, by warrant under his or their hand and seal, or hands and seals, and directed to any constable or other peace officer, cause the same to be levied by distress and sale of the offender's goods and chattels, together with all costs and charges attending such distress and sale; and in case no sufficient distress can be had or made, such Justice or Justices shall commit the offender to the common gaol or house of correction for such County, Stewartry, Riding, Division, City, Borough, Town or Place, there to remain without bail or mainprize, for any time not exceeding six calendar months, nor less than three calendar months: Provided always, That no person shall be prosecuted or sued for any pecuniary penalty imposed by this Act, unless such prosecution shall be commenced, or such action shall be brought, within three calendar months next after such penalty shall have been incurred.

Application of penalties.

Limitation of
Actions.

General Issue may be pleaded.

XXXI. And be it further enacted, That all pecuniary penalties and forfeitures imposed by this Act shall, when recovered, either by action in any Court, or in a summary way before any Justice, be applied and disposed of in manner hereinafter mentioned; that is to say, one moiety thereof to the plaintiff in any such action, or to the informer before any Justice, and the other moiety thereof to his Majesty, his heirs and successors.

XXXII. And be it further enacted, That any Action and Suit which shall be brought or commenced against any Justice or Justices of the Peace, Constable, Peace Officer, or other person or persons, in England, Wales, or the Town of Berwick-upon-Tweed, for any thing done or acted in pursuance of this Act, shall be commenced within three calendar months next after the fact committed, and not afterwards; and the venue, in every such action or suit, shall be laid in the proper county where the fact was committed, and not elsewhere; and the Defendant or Defendants, in every such action or suit, may plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon; and if such action or suit shall be brought or commenced after the time limited for bringing the same, or the venue shall be laid in any other place than as aforesaid, then the Jury shall find a verdict for the Defendant or Defendants; and in such case, or if the Jury shall find a verdict for the Defendant or Defendants upon the merits, or if the Plaintiff or Plaintiffs shall become nonsuit, or discontinue his, her, or their action after appearance, or if, upon demurrer, judgment shall be given against the Plaintiff or Plaintiffs, the Defendant or DefendDouble Costs. ants shall have double costs; which he or they shall and may recover, in such and the same manner as any Defendant can by law in other cases. XXXIII. And be it further enacted, That every action and suit which Actions, &c. in shall be brought or commenced against any person or persons in Scotland, for any thing done or acted in pursuance of this Act, shall in like manner be commenced within three calendar months after the fact committed, and not afterwards, and shall be brought in the Court of Session in Scotland;

Limitation of

Scotland.

c. 19.

and the Defender or Defenders may plead that the matter complained of No. LXVI. was done in pursuance of this Act, and may give this Act and the special 57 Geo. III. matter in evidence; and if such action or suit shall be brought or commenced after the time limited for bringing the same, then the same shall be dismissed; and in such case, or if the Defender or Defenders shall be assoilzied, or the Pursuer or Pursuers shall suffer the action or suit to fall asleep, or a decision shall be pronounced against the Pursuer or Pursuers upon the relevancy, the Defender or Defenders shall have treble costs or expences; which he or they shall and may recover in such and the same manner as any Defender can by law recover costs or expences in other

cases.

XXXIV. And be it further enacted, That convictions by any Justice or Form of ConJustices of the Peace, for offences against this Act, and adjudications of viction. forfeitures of licences to be made in pursuance of this Act, shall or may be

in the several forms set forth for such purposes respectively, in the Schedule to this Act annexed, or in words to that effect.

XXXV. Provided always, and be it enacted, That nothing in this Act Act not to afcontained shall be deemed to take away or abridge any provision already fect other promade by the law of this realm, or of any part thereof, for the suppression visions made or punishment of any offence whatsoever described in this Act. by law. XXXVI. Provided also, and be it enacted, That no person shall be pro- Persons not secuted under this Act, for having been, before the passing of this Act, a liable to proseMember of any Society or Club declared hereby to be an unlawful Combi- cution under nation and Confederacy, if such person shall not in any manner have acted this Act for as a Member of such Society or Club after the passing of this Act; but that having been nothing in this Act contained shall extend to prevent any prosecution, by Members of indictment or otherwise, for any thing which shall be an offence within the any Club preintent and meaning of this Act, and which might have been so prosecuted if this Act had not been made: Provided always, That no person who shall passing of this be prosecuted and convicted, or acquitted of any offence against this Act, shall be subject or liable to be again prosecuted for the same offence: Provided always, That nothing herein contained shall extend to discharge any person in custody at the time of passing this Act, or who, having been in custody, shall have been discharged, on bail or recognizance, from any prosecution which might have been had against such person, if this Act had not been made.

vious to the

Act, &c.

the AttorneyGeneral and Lord Advocate

and Secretary of State to stay proceedings.

XXXVII. Provided always, and be it enacted, That in case any proceed- Provision as to ing or prosecution shall be instituted, commenced, or prosecuted, for any the Power of offence committed against the said Act of the thirty-ninth year of his present Majesty, or against this Act, either by action, or by information before any Justice or Justices, or otherwise; it shall and may be lawful for his Majesty's Attorney-General for the time being, as to any such action, information, or other proceeding in England, or for the Lord Advocate of Scotland, as to any such action, information, or other proceeding in Scotland, to order any such action, information, or other proceeding to be stayed; and in case of any judgment or conviction upon any such action, information, or proceeding, it shall and may be lawful for any one of his Majesty's Principal Secretaries of State, by any order made for that purpose under his hand, to stay the execution of such judgment or conviction, or to mitigate or remit any fine or forfeiture, or any part thereof. XXXVIII. And be it further enacted, That in every case where any Damages done house, shop, or other building whatever, or any part thereof, shall be de- by riotous or stroyed, or shall be in any manner damaged or injured, or where any fix- tumultuous astures thereto attached, or any furniture, goods, or commodities whatever semblies to be which shall be therein, shall be destroyed, taken away, or damaged, by the recovered. act or acts of any riotous or tumultuous assembly of persons, or by the act or acts of any person or persons engaged in or making part of such riotous or tumultuous assembly, the inhabitants of the City or Town in which such house, shop, or building shall be situate, if such City or Town be a county of itself, or is not within any Hundred, or otherwise the inhabitants of the Hundred in which such damage shall be done, shall be liable to yield full compensation, in damages, to the person or persons injured and damnified by such destruction, taking away, or damage; and such damages shall and

No. LXVI. 57 Geo. III. c. 19.

1 G. I. c. 5.

Act not to extend to Ire

land.

Act may be repealed or altered this Ses sion.

may be demanded, sued for, and recovered, by the same means, and under the same provisions, as are provided in and by an Act passed in the first year of King George the First, intituled, An Act for preventing Tumults and Riotous Assemblies, and for the more speedy and effectual punishing the Rioters, with respect to persons injured and damnified by the demolishing or pulling down of any dwelling-house by persons unlawfully, riotously, and tumultuously assembled.

XXXIX. And be it further enacted, That nothing in this Act contained shall extend, or be construed to extend, to that part of the United Kingdom called Ireland.

XL. And be it further enacted, That this Act may be repealed in the whole, or any part thereof, or any manner altered or amended, during the present Session of Parliament.

M

The SCHEDULE to which the Bill refers.

I. FORM of Conviction of an unlawful Combination and Confederacy. BE it remembered, That on this to wit. year of the reign of convicted before me, [or, us,]

for

at

day of A. B. of

in the

is duly

of his Majesty's Justices of the Peace in pursuance of an Act of the fifty-seventh year of the reign of King George the Third, [set forth the Title of the 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 a 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 I [or, we] the said do adjudge, That he, the said A. B. do pay [or, be imprisoned,] as a penalty for his offence, in pursuance of the said Act. Given under my hand and seal [or, our hands and seals,] this in the year of our Lord

of

the reign of his Majesty King

M

and in the

day

year of

II. FORM of Adjudication of Forfeiture of Licence to sell Ale, &c.

to wit.

}BE it remembered, That on this

at

day of

in the

year of the reign of his present Majesty, A. B. of being a person licensed to sell [as the case may be] is duly convicted before us, two of his Majesty's Justices of the Peace for the County of in pursuance of an Act of the fifty-seventh year of the reign of King George the Third, [set forth the Title of the Act,] for that he, the said A. B. on did permit a Meeting of a Society, [describe the Society,] which is an unlawful Combination and Confederacy within the intent and meaning of the said Act, to be held at being the house [as the case may be] of the said A. B. wherein he, the said A. B. is licensed to sell [as the case may be]: Wherefore, we, the said do adjudge and declare, that the Licence [or, Licences, as the case may be] is [or, are,] for such offence, forfeited. Given under our hands and seals, this year of our Lord

III. FORM of Conviction for Offences subject to Pecuniary Penalties. BE it remembered, That on this year of the reign of

in the is duly convicted of his Majesty's Justices of the Peace for in pursuance of an Act of the fifty-seventh year of the reign of King George the Third, [set forth the Title of the Act,] for that the said A. B. after the passing of the said Act, on trary to the said Act [here specify any offence against the Act, as the case may be]: Wherefore I [or, we] the said said A. B. do pay the sum of suance of the said Act.

[ No. LXVII.] 4 George IV. c. 87.-An Act to amend and render more effectual the Provisions of an Act, made in the Fiftieth Year of His late Majesty's Reign, for preventing the administering and taking unlawful Oaths in Ireland.-[18th July 1823.]

No. LXIX.

6 Geo. IV.

c. 47.

[ No. LXVIII.] 6 George IV. c. 4.-An Act to amend certain Acts relating to unlawful Societies in Ireland.[9th March 1825.]

[No. LXIX. ] 6 George IV. c. 47.-An Act for restricting the Punishment of Leasing-making Sedition and Blasphemy, in Scotland.—[22d June 1825.]

PART V.

CLASS III.