2 & 3 W. 4, C. 118. Justices to assemblies or processions. persons so der as 2. That any justice or justices of the peace shall and may proceed, with such assistance as shall be necessary, to the place where any procession or meeting of persons hereby declared to disperse such be unlawful shall be held or take place; and such justice, or one of such justices, or some other person by their or his shall then and there read or repeat aloud, to the sembled, a command or notice to disperse, in the words or to the effect following; that is to say: Our Sovereign Lord "the King chargeth and commandeth all persons being here assembled, immediately to disperse themselves, and peaceably "to depart, upon the pains contained in the act made in the year of the reign of King William the Fourth, "to restrain, in certain cases, party processions in Ireland." 3. That the persons so met and assembled together, shall forthfusing to dis- with disperse and depart; and in case any one or more of the perse, to be apprehended persons so met or assembled together as aforesaid, shall not disand punished. perse and depart within the space of one quarter of an hour from the time of such notice or command being given, it shall be Persons re 66 majesty's subjects of the Protestant religious persuasion, and his majesty's subjects of the Roman Catholic persuasion; against the peace and statute. There was a second count, omitting the word religious." Also, a third count, the same as the first, only stating the anniversary to be the battle of the Boyne. And a fourth, the same as the third, only omitting the word "religious." 66 When the evidence for the prosecution was closed, the counsel for the prisoners called upon me to direct an acquittal, insisting that the provisions of the several sections of the statute on which the indictment was framed, formed but one offence, and were to be taken together; and that the legislature, having created a new offence, and appointed and prescribed a particular remedy for such new offence, no other method of proceeding can be pursued, consistently with the ordinary rules of legal construction, and the necessary interpretation of the words of the statute. I left the case to the jury, stating it to be my opinion that the first section of the act was alone sufficient to support the indictment. After long deliberation, they acquitted eleven of the traversers, and found three of them guilty. I considered it, however, to be my duty to respite the judgment, in order to have your lordships' opinion upon the abstract question, whether, upon the first section of the statute, the indictment can be maintained. ARTHUR MOORE. THE JUDGES met and considered the case; and gave it as their opinion, that the indictment lay. The walking in procession, with suitable banners &c., on the 18th of December, to celebrate the shutting of the Gates of Derry, R. v. Jameson, Derry Lent Ass. 1835; or at the funeral of an orangeman, which took place on the 13th of February, 1834, R. v. Davison, L. Derry Spr. Ass. 1835; or to celebrate the return to parliament of Daniel O'Connell, as member for the city of Dublin, R. v. Downes, L. Derry Summer Ass. 1835; all': have been held to be offences within the act. 118. lawful for the same justice or justices who shall have read such 2 & 3 W. 4, c. command or notice, or any other justice or justices of the peace, to cause the person or persons so refusing or neglecting to disperse or depart, to be apprehended, by a warrant for that purpose to be signed by him or them; and such offender or offenders shall thereupon be proceeded against in a summary way for such offence, before any two justices of the peace, before whom he or they may be brought; and such justices are hereby authorized to hear and determine the said complaint; and every person, being convicted thereof on the oath of one or more credible witness or witnesses, shall be committed to any one of his majesty's common gaols or prisons in Ireland, for the term of one calendar month, and for a second or any subsequent offence against the provisions of this act, for the term of three calendar months.(a) Unlawful Oaths and Confederacy. 27 Geo. 3, c. 15, s. 6.-That any person or persons not duly qualified by law to administer(b) oaths, who shall administer, or cause to be administered, or tender, or cause to be tendered to, or by threats, promises, persuasion, or other undue means, cause, induce, or procure to be taken by any person or persons, any un (a) Rex v. Forbes and others; K. B. Ire., H. T. 1823.-This was an information filed by the attorney-general, ex-officio, against the traversers, for a conspiracy to create a riot, and to insult and assault his Excellency the Lord Lieutenant, in the Theatre Royal; and also for a riot. BUSHE, C. J., in summing up, said:" The rights of an audience at a Theatre are perfectly well defined. They may cry down a play, or other performance, which they dislike; or they may hiss or hoot the actors, who depend on their approbation or their caprice. Even that privilege however, is confined within its limits. They must not break the peace, or act in such a manner as has a tendency to excite terror or disturbance. Their censure or approbation, although it may be noisy, must not be riotous. That censure or approbation must be the expression of the feelings of the moment; for, if it be premeditated by a number of persons, confederated beforehand to cry down even a performance or an actor, it becomes criminal. Such are the limits of the privileges of an audience, even as to actors and authors." (b) Rex v. Hayes, Clare Sp. Com. June, 1831.-The prisoner was indicted for that he, not being duly qualified, had feloniously administered to Patrick Hogan a certain oath, of the import following" That he (Hogan) would deliver to one T. Lynch a threatening letter, then given him, before breakfast time, the next morning." Hogan deposed that a party of men came to his house by night; one of whom, the prisoner, entered, and handed to him The party with the who complies terms of an illegal oath is a cometent witness on an indictment for adminis. tering it. Taking unlawful oath, not being compelled, transporta 3 27 G. 3, c. 15. lawful oath (a) or solemn engagement, upon a book or other wise, and being by due course of law thereof convicted, shall be adjudged guilty of felony, and may be transported for life; and every person who shall take any such oath or solemn engage ment as aforesaid, not being thereto compelled by inevitable necessity, and being by due course of law thereof convicted, shall be adjudged guilty of felony, and suffer as a felon, and may be transported for seven years. bszoqui tion for seven years. Sufficient in indictment to set forth the import of such oaths, without mentioning the person tendering or taking them. And such indictment may be sustained, though the party have neither repeated the oath,nor kiss d the book. Construction. 7. That where any indictment shall be found against any person or persons for administering, or causing to be administered, or tendering, or causing to be tendered, or inducing, or proeufing to be taken by any person or persons, any unlawful oath of `solemn engagement, or against any person or persons who shall take any such oath or engagement as aforesaid; it shall not bẻ necessary, in any such indictment for any of the said offences, to set forth the form of words made use of in such oath or engage. ment; but that it shall be sufficient to set forth in any such indictment the general import of such oath or engagement; and where any indictment shall be found against any person or persons for administering, or causing to be administered, or tendering, or causing to be tendered, or inducing, or procuring to be taken by any person or persons, any such unlawful oath or engagement, it shall not be necessary to set forth the name or names of the person or persons to whom such oath or engage. a sealed letter, which he swore him to deliver, on the following morning, to Lynch. The oath was pronounced by the prisoner; but was not repeated after him by Hogan, neither did Hogan kiss the book. The letter was delivered by him on the following morning. Gibson, for the prisoner, objected that the evidence of Hogan, being an accomplice, was not sufficient to sustain the indictment; and that, at all events, his omission to repeat the oath, or to kiss the book, was fatal. JEBB, J., overruled all the objections, and said that the indictment was for administering an illegal oath, and not for sending a threatening letter; that though Hogan might be considered as particeps criminis in the latter offence, his testimony was sufficient on the other charge. Verdict, -guilty. 66 (b) Rex v. Adams, Maryborough Sp. Com. June, 1832. The indictment was framed under the 27 Geo. 3, c. 15, s. 6, for causing, inducing, or procuring to be taken an unlawful oath." Brady, counsel for the prisoner, contended that, upou a comparison of the words of this statute with those of the 21st sec. of the Whiteboy Act, (15 & 16 Geo. 3, c. 21,) whereby it is made criminal "unlawfully to impose any oath," the construction must be, that the former statute prohibits the administering of an oath which would bind the person to do an unlawful thing, while the whiteboy Act prohibits the administering of any oath by persons not legally authorized. That the object of the oath in this case, not being unlawful, viz., the surrendering of a farm by the prosecutor, the indictment could not be sustained. The learned Judges (BUSHE, C. J., and SMITH, B.,) reserved the question for the con ment was tendered, or by whom such oath or engagement was 27 G. 3, c. 15. taken.(a)! bal2. Provided always, and be it enacted, that no person or per- Prosecution sons shall be prosecuted by virtue of this act, for any offence or to be in one offences committed contrary to the same, unless such prosecution year. be commenced within one year after the offence committed. oaths for se ditious, and other pur poses; fe 50 Geo. 3, c. 102, s. 1—Whereas divers wicked and evildisposed persons have from time to time attempted to seduce several of his majesty's subjects in Ireland from their duty and allegiance to his majesty, and to associate them under the pretended obligations of oaths unlawfully administered: be it enacted &c., that any person or persons who, at any time after Administerthe passing of this act, shall administer, or cause to be adminis- ing or taking tered, tender or cause to be tendered, or be present aiding and assisting at the administering or tendering, or who shall by threats, promises, persuasions, or other undue means, cause, lony. procure, or induce to be taken by any person or persons in Ire land, upon a book or otherwise, any oath or engagement, import. ing to bind the person or persons taking the same to be of any association, brotherhood, committee, society, or confederacy whatsoever, in reality formed or to be formed for seditious purposes, or to disturb the public peace, or to injure the persons or property of any person or persons whatsoever, or to compel any person or persons whatsoever to do, or omit or refuse to do any act or acts whatsoever, under whatever name, description, or pretence, such association, brotherhood, committee, society, or confederacy shall assume or pretend to be formed or constituted, <or any oath or engagement importing to bind the person taking the same to obey the orders or rules or commands of any committee or other body of men not lawfully constituted, or of any captain, leader, or commander (not appointed by, or under the authority of his majesty, his heirs and successors), or to assemble at the desire and command of any such captain, leader, commander, or committee, or of any person or persons not having lawful authority, or not to inform or give evidence against any brother, associate, confederate, or other person, or not to reveal or discover his or her having taken any illegal oath, or not to reveal or discover any illegal act done or to be done, or not to discover any illegal oath or engagement which may be administered or tendered to him or her, or the import thereof, whether such oath shall be afterwards so administered or tendered or not, or whether he or she shall take such oath, or enter into such engagement or not, being by due course of law convicted thereof, sideration of the twelve Judges; subject to which, the prisoner Necessity shall not justify of fenders, unless they give infor mation to a justice, in time and manner as herein, 30 G. 3, c. 102. shall be adjudged guilty of felony, and be transported for life and every person who shall take, in Ireland, any such oath or engagement, importing so to bind him or her as aforesaid, and being by due course of law thereof convicted, shall be adjudged guilty of felony, and be transported for seven years. tivemo) „bodi 2. Provided always, that any person or persons who may have been compelled by inevitable necessity to commit any of the of fences aforesaid, upon proot of such inevitable necessity, shall be excused and justified: provided that no such inevitable necessity shall justify or excuse any such person or persons, unless be, she, or they shall within ten days, if not prevented by actual force or sickness, and then within seven days after such actual force orsickness shall cease to disable him, her, or them from giving information of the same, disclose to one of his majesty's justices of the peace in the county in which he, she, or they shall then be by information on oath, the whole of what he, she, or they know touching the compelling him, her, or them to commit any such offence, and of the person or persons by whom, he, she, or they were compelled to commit such offence, and who were present. at the time such offence was committed, and of the place where the same was committed: provided however, that no person shall be so excluded from the defence of inevitable necessity, who shall be tried for the said offence within the said period of ten days from the commission of such offence, or of seven days from the time when such force or sickness shall cease as aforesaid,p Aiders and abettors cipals. 3. That all persons present, aiding and assisting at the addeemed prin- ministering or tendering of any such oath or engagement, and all persons causing any such oath or engagement to be adminis tered or tendered, though not present, shall be deemed principal offenders, and tried as such, though the person or persons who actually administered or tendered such oath or engagement shall not have been tried or convicted. Purport of oath sufficient in indictment. Magistrates may act in adjacent counties &c. Powers of this act ex magistrates. 4. That it shall not be necessary, in any indictment to be found against any person for administering, tendering, or taking such oath or engagement, to set out the words of such oath or engagement; and that it shall be sufficient to set forth therein the purport or object of such oath or engagement. 8. That it shall and may be lawful to and for all magistrates of the adjacent counties at large respectively, to execute this act within the several counties of cities or counties of towns in Ire land, except the county of the city of Dublin ; and in like manner, that the several magistrates of such counties of cities and counties of towns shall have like powers to execute this act in the adjacent counties at large. 9. That all the powers and authorities given to, and all duties. tended to all required from magistrates of counties at large, under and by this act, shall be and are hereby given to, and required from all ma-p gistrates of counties of towns, or counties of cities in Ireland. 4 Geo. 4, c. 87, s. 1.-- Whereas an act was passed in &c. [50 Geo. 3, c. 102]; and it is expedient that so much of the . |