VIII. Provided always, that no person or persons shall Riot Act. be prosecuted by virtue of this act, for any offence or offences committed contrary to the same, unless such pro- Prosecu secution be commenced within twelve months after the tion within offence committed.

12 months.

assembled,

of any ves.

33 Gev. 3, c. 67, (made perpetual by 41 Geo. 3, c. 19.) I. "Whereas many seamen, keelmen, casters, and shipcarpenters, have of late assembled themselves in great numbers, and have committed many acts of violence; which practices, if continued, may occasion great loss and damage to individuals, and injure the trade and navigation of this kingdom;" for the better preventing such Seamen,&c. violent and injurious practices, and more effectually pu- riotously nishing such offenders, be it enacted by the king's most who shall excellent majesty, by and with the advice and consent of forcibly prethe lords spiritual and temporal, and commons in this vent the present parliament assembled, and by the authority of the loading, &c. same, that if any seaman, keelman, casters, ship-carpenters, sels, &c. to or other persons riotously assembled together, to the num- be commitber of three or more, at any time after the twenty-fourth ted to priday of June, in the present year of our Lord one thou- son. sand seven hundred and ninety-three, shall unlawfully and with force prevent, hinder, or obstruct the loading or unloading, or the sailing or navigating, of any ship, keel, or other vessel, with intent to prevent, hinder, or obstruct, the loading or unloading, or the sailing or navigating of any ship, keel, or other vessel, or shall unlawfully, and with force, board any ship, keel, or other vessel, with intent to prevent, hinder, or obstruct the loading or unloading, or the sailing or navigating of such ship, keel, or other vessel, every seaman, keelman, caster, ship-carpenter, and other person, being lawfully convicted of any of the offences aforesaid, upon any indictment to be found against him, her, or them, in any court of oyer and terminer, or general or quarter-sessions of the peace, to be holden respectively in and for the county, shire, riding, division, or district, wherein the offence was committed, shall be committed either to the common gaol for the same county, shire, riding, division, or district, there to continue and remain without bail or mainprise, or to the house of correction for the said county, shire, riding, division, or district, there to remain without bail or mainprise, and to be kept to hard labour for any term not exceeding twelve calendar months, nor less than six calendar months, in either case respectively.

III. And be it further enacted by the authority aforesaid, that if any seaman, keelman, caster, ship-carpenter, or other person, shall be convicted of any of the offences aforesaid, in pursuance of this act, and shall afterwards offend again in like manner, every such seaman, keelman, caster, ship-carpenter, and other person so offending again

Persons offending a second time, to be guilty of felony.

Act not to extend to matters

in like manner, and being lawfully convicted thereof, upon any indictment to be found against him, her, or them, in any court of oyer and terminer, or general or quarter sessions of the peace respectively to be holden in and for the county, shire, riding, division, or district, wherein the offence was committed, shall, for such second and every subsequent offence, be adjudged guilty of felony, and shall be transported to some of his majesty's dominions beyond the seas, for any space of time or term of years not exceeding fourteen years nor less than seven years.

IV. Provided always, and it is hereby enacted and declared, that none of the pains, penalties, or punishments, done by the hereinbefore inflicted, or authorized to be inflicted, shall authority of be deemed, construed, or taken to extend to any act, deed, his majesty. matter, or thing whatsoever, committed, done, or suffered in the service, or under or by virtue of the authority of his said majesty or his successors; any thing herein contained to the contrary thereof in anywise notwithstanding.

VII. And be it further enacted by the authority aforesaid, that in case any of the offences hereinbefore described or mentioned, shall be committed on the high seas, then, and in every such case, the offence or offences so committed shall be triable, and the person or persons so offending may be prosecuted and tried by virtue of this act, in any session of oyer and terminer and gaol delivery, for the trial of offences committed on the high seas, within the in any ses- jurisdiction of the admiralty of England; any thing herein contained to the contrary in anywise notwithstanding.

Offences committed

on the high seas, triable

sions for

trial of offences com

mitted

thereon,

Prosecu

tions to commence within a year. Continu

ance of act.

VIII. Provided always, and it is hereby enacted and declared, that no person or persons shall be prosecuted by virtue of this act, for any of the offences aforesaid, unless such prosecution be commenced within twelve calendar months after the offence committed.

IX. And be it further enacted, that this act shall continue in force until the twenty-fourth day of June, which shall be in the year of our Lord 1800, and from thence to the end of the then next session of parliament, and no longer.

Cases in which magistrates

are em

powered to appoint

special constables;

1 Geo. 4, c. 37.

I. Whereas doubts have arisen whether any person or persons can be compelled to act as special constables, except in any actual tumult, riot, or felony; and whereas it is expedient that justices of the peace should have the power of compelling certain persons to act as special constables, not only in case of actual tumult, riot, or felony, but also on the reasonable apprehension thereof, for the prevention of the same; be it enacted, and declared, &c., that from and after the passing of this act, in all cases where it shall be made to appear to any two or more jus

tices of the peace, acting for any county, city, division, riding, or place, by the information on oath of five respectable householders of such county, city, division, riding, or place, that any tumult, riot, or felony has taken place, or is likely to take place, and may reasonably be apprehended, such justices may and are hereby authorized to call upon, nominate, and appoint, by precept in writing under their hands, any householders or other persons (not legally exempt from serving the office of constable), residing within their respective divisions, or the neighbourhood thereof, to act as special constables, for such time and in such manner, as to the said justices shall seem fit and necessary for the preservation of the public peace, and for the prevention or suppression of any tumult, riot, or felony, and the said justices are hereby empowered to administer to such person, so appointed, the usual oaths administered by law to all special constables.

to act, under

II. And be it further enacted, that in case any person who are (not legally exempted as aforesaid) so called upon, nomi- compelled nated, and appointed by such justices as aforesaid, shall the same neglect or refuse to take upon themselves the office, and to penalties for act as such special constable, such person so neglecting or refusing shall be liable to such and the same fines, penalties, and punishments, as persons refusing to take upon themselves the office of constable are now by law subject

to.

refusal as

constables.

sessions to

III. And be it further enacted, that it shall and may be Justices at lawful for the justices of the peace, assembled at the gegive allow. neral or quarter sessions holden for any county, city, divi- ance to said sion, riding, or place, where special constables shall have special conbeen called out as aforesaid, to order and direct such rea- stables. sonable allowances for trouble and expenses, to be made to any person or persons so called out by authority of this act, as to the said justices shall seem fit, which allowance the said justices may order the treasurer of such county, city, division, riding, or place, to pay to such persons as the said justices shall direct; and such treasurer shall, and he is hereby authorized and required, forthwith to pay the sum or sums of money so ordered and directed to be paid, to the person empowered to receive the same, and such treasurer shall be allowed the same in his accounts.

IV. And be it further enacted, that the court before Courts may which any indictments may be tried under the provisions allow costs. of this act, shall have the power to award reasonable costs of trial to such persons as may prefer the said indictments, and may order the treasurer of such county, city, division, riding, or place, wherein such indictment shall be tried, to pay the sum or sums of money so ordered, to such persons as the said court shall direct; and such treasurer shall, and he is hereby authorized and required, forthwith to pay the sum or sums of money, so ordered and directed to be paid,

to the persons empowered to receive the same; and such treasurer shall be allowed the same in his accounts.

V. And be it further enacted, that this act shall be deemed and taken to be a public act, and shall be judicially taken notice of as such by all judges, justices, and others, without being specially pleaded.

7 & 8 Geo. 4, c. 30.

VIII. Be it enacted, that if any persons riotously and tumultuously assembled together, to the disturbance of the public peace, shall unlawfully and with force demolish, or pull down, or destroy, or begin to demolish, pull down, or destroy, any church or chapel, or any chapel for the religious worship of persons dissenting from the united church of England and Ireland, duly registered or recorded, or any house, stable, coach-house, out-house, warehouse, office, shop, mill, malt-house, hop-oast, barn, or granary, or any building or erection used in carrying on any trade or manufacture, or any branch thereof, or any machinery, whether fixed or moveable, prepared for or employed in any manufacture, or in any branch thereof, or any steam-engine, or other engine for sinking, draining, or working any mine, or any staith, building, or erection used in conducting the business of any mine, or any bridge, waggon-way, or trunk for conveying minerals from any mine, every such offender shall be guilty of felony, and, being convicted thereof, shall suffer death as a felon.

Robbery from the

person, assaults

with intent to commit

ROBBERY,

7 & 8 Geo. 4, c. 29.

VI. Be it enacted, that if any person shall rob any other person of any chattel, money, or valuable security, every person, steal such offender, being convicted thereof, shall suffer death as ing from the a felon; and, if any person shall steal any such property from the person of another, or shall assault any other person with intent to rob him, or shall with menaces, or by force, demand any such property of any other person, with intent to steal the same, every such offender shall be guilty of felony, and, being convicted thereof, shall be liable, at companied the discretion of the court, to be transported beyond the seas for life, or for any term not less than seven years, or to be imprisoned for any term not exceeding four years; and, if a male, to be once, twice, or thrice publicly or privately whipped (if the court shall so think fit), in addition to such imprisonment.

robbery, and demands ac

with mena

ces or force.

Obtaining money, &c. by threatning to ac

VII. And be it declared and enacted, that if any person shall accuse, or threaten to accuse, any other person of any infamous crime, as hereinafter defined, with a view or

intent to extort or gain from him, and shall, by intimidating cuse a parhim by such accusation or threat, extort or gain from him, ty of an inany chattel, money, or valuable security, every such of famous fender shall be deemed guilty of robbery, and shall be indicted and punished accordingly.

crime.

taining me

to accuse a

VIII. And be it enacted, that if any person shall know- Sending ingly send or deliver any letter or writing, demanding of letters, conany person, with menaces, and without any reasonable or nacing deprobable cause, any chattel, money, or valuable security; mands, or or if any person shall accuse, or threaten to accuse, or threatening shall knowingly send or deliver any letter or writing, party of an accusing, or threatening to accuse, any person of any crime infamous punishable by law with death, transportation, or pillory, crime, to or of any assault with intent to commit a rape, or of any extort mo. ney, &c. attempt or endeavour to commit any rape, or of any infamous crime, as hereinafter defined, with a view or intent to extort or gain from such person any chattel, money, or valuable security, every such offender shall be guilty of felony, and, being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for life, or for any term not less than seven years, or to be imprisoned for any term not exceeding four years, and, if a male, to be once, twice, or thrice publicly or privately whipped (if the court shall so think fit), in addition to such imprisonment.

ous crime.

IX. And, for defining what shall be an infamous crime What shall within the meaning of this act, be it enacted, that the be deemed abominable crime of buggery, committed either with man- an infamkind or with beast, and every assault with intent to commit the said abominable crime, and every attempt or endeavour to commit the said abominable crime, and every solicitation, persuasion, promise, or threat offered or made to any person, whereby to move or induce such person to commit or permit the said abominable crime, shall be deemed to be an infamous crime, within the meaning of this act.

Note. The form of indictment for robbery, is principally distinguishable from that for larceny in these particulars, that it states an assault upon the person, and a taking of his goods, &c. by violence, or putting him in fear, though both these are usually added: 2 E. P. C. 783; Archb. P. A. 17. The assault must be laid to be made feloniously; otherwise, though the putting in fear and the taking be afterwards laid to be done feloniously, the indictment is ill: R. v. Belfryman, 2 E. P. C. 783. The taking must be charged to be with violence from the person,

and against the will of the party; and it is usual also to charge, that the party was put in fear. But it may be observed, that the word violently is not a technical word necessary for the validity of the indictment, but that other words, conveying the same meaning, will be sufficient. Therefore, an indictment against T. S., for assaulting the prosecutor with force and arms, and putting him in corporal fear, and taking a sum of money from his person against his will, was held good as an indictment for robbery : Smith's case, 2 E. P. C. 783; 2 Stark.