persons to become members thereof, shall be deemed and taken to be unlawful combinations and confederacies with- Members

unlawful

in the meaning of an act passed in the thirty-ninth year of guilty of the reign of his present majesty, intituled "An Act for the combinamore effectual Suppression of Societies established for sedi- tion. tious 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 or member thereof as such, or who shall by contribution of money or otherwise aid, abet, or support such society or club, or any members or officers 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.

60 Geo. 3, c. 1.

blies of per

sons for the

purpose of

"Whereas, in some parts of the united kingdom, men clandestinely and unlawfully assembled have practised military training and exercise, to the great terror and alarm of his majesty's peaceable and loyal subjects, and the imminent danger of the public peace:" be it therefore enacted, Meetings &c., that all meetings and assemblies of persons for the and assempurpose of training or drilling themselves, or of being trained or drilled to the use of arms, or for the purpose of practising military exercise, movements, or evolutions, being train. without any lawful authority from his majesty, or the ed, or of lieutenant, or two justices of the peace of any county or military ex: practising riding, or of any stewartry, by commission or otherwise, ercise, profor so doing, shall be and the same are hereby prohibited, hibited. as dangerous to the peace and security of his majesty's liege subjects and of his government; and every person who shall be present at or attend any such meeting or assembly, for the purpose of training and drilling any other person or persons to the use of arms, or the practice of military exercise, movements, or evolutions, or who shall train or drill any other person or persons to the use of

arms, or the practice of military exercise, movements, or evolutions, or who shall aid or assist therein, being legally convicted thereof, shall be liable to be transported for any Punishment. term not exceeding seven years, or to be punished by imprisonment not exceeding two years, at the discretion of the court in which such conviction shall be had; and every person who shall attend or be present at any such meeting or assembly as aforesaid, for the purpose of being, or who shall at any such meeting or assembly be trained or drilled to the use of arms, or the practice of military exercise, movements, or evolutions, being legally convicted thereof, shall be liable to be punished by fine and imprisonment not exceeding two years, at the discretion of the court in which such conviction shall be had.

Persons so assembled may be detained, and required to give bail, and prose

cuted.

Offenders

under this

II. And be it further enacted, that it shall be lawful for any justice of the peace, or for any constable or peace officer, or for any other person acting in their aid or assistance, to disperse any such unlawful meeting or assembly as aforesaid, and to arrest and detain any person present at, or aiding, assisting, or abetting any such assembly or meeting as aforesaid; and it shall be lawful for the justice of the peace who shall arrest any such person, or before whom any person so arrested shall be brought, to commit such person for trial for such offence, under the provisions of this act, unless such person can and shall give sufficient bail for his appearance at the next assizes or general or quarter sessions of the peace, to answer to any indictment which may be preferred against him for any such offence against this act, in England and Ireland; and in Scotland every such person shall be arrested and dealt with according to the law and practice of that part of the united kingdom in the case of a bailable offence.

IV. Provided also, and be it further enacted, that nomay be in thing in this act contained shall extend to prevent any prodicted, if not secution, by indictment or otherwise, for any thing which prosecuted 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.

act.

V. [Limitation of actions, six months-general issuedouble costs.]

VII. [Limitation of prosecutions, six months.]

Note. As to what evidence shall be admissible to show the intent of persons meeting together in large assemblies, marching in mili

tary order, &c., see R. v. Hunt and others, 3 B. & A. 566; Redford v. Birley, 3 Stark. Ev. 1510.

563

SERVING FOREIGN STATES.

3 Jac. 1, c. 4.

oath who

XVIII. Forasmuch as it is found, by late experience, He shall that such as go voluntarily out of this realm of England to take the serve foreign princes, states, or potentates, are for the most goeth out of part prevented in their religion and loyalty by jesuits and the realm to fugitives, with whom they do there converse: be it serve fo-, therefore enacted by the authority aforesaid, that every princes. reign subject of this realm that, after the 10th day of June next coming, shall go or pass out of this realm to serve any foreign prince, state, or potentate, or shall after the said 10th day of June pass over the seas, and there shall voluntarily serve any such foreign prince, state, or potentate, not having before his or their going or passing, as aforesaid, taken the oath aforesaid, before the officer hereafter appointed, shall be a felon.

tain, or

prince,

XIX. And that, if any gentleman or person of higher A gentledegree, or any person or persons which hath born, or shall man, cap, bear any office or place of captain, lieutenant, or any other lieutenant, place, charge, or office in camp, army, or company of serving a soldiers, or conductor of soldiers, shall after go or pass foreign voluntarily out of this realm, to serve any such foreign shall be prince,state, or potentate, or shall voluntarily serve any such bound to prince, state, or potentate, before that he and they shall be- the king, come bound by obligation, with two such sureties as shall be allowed of by the officers which are hereafter by this act limited to take the same bond, unto our sovereign lord the king's majesty, his heirs and successors, in the sum of twenty pounds of current English money at the least, with condition to the effect following, shall be a felon. The tenor of which condition hereafter followeth, viz:

XX. That if the within bounden, &c. shall not at any time then after be reconciled to the pope or see of Rome, nor shall enter into or consent unto any practice, plot, or conspiracy whatsoever against the king's majesty, his heirs and successors, or any his and their estate and estates, realms or dominions; but shall, within convenient time after knowledge thereof had, reveal and disclose to the king's majesty, his heirs and successors, or some of the lords of his or their honourable privy council, all such practices, plots and conspiracies;; that then the said obligation to be void.

&c.

and ad

XXI. And that for the due execution of this branch of Who shall this present law, it shall and may be lawful to and for the take the customer and comptroller of every port, haven or creek, or obligation one of them, and their or either of their deputy or deputies, minister the and none other, to receive and accept all and every such oath. bond and obligation to and for the use aforesaid, and to minister and give the oath aforesaid according to the true intent

of this statute, taking for such bond six-pence and no more, and for the said oath no fee at all

XXXVI. [Offences may be inquired of, &c. by justices of assize and gaol delivery, and also by justices of the peace in their general or quarter sessions, to be holden within the shire, &c. wherein such offence shall happen.]

Note.-Upon the construction of this statute, it has been considered that, if a party go out of the realm with intent to serve a foreign state, although there be no service in fact, or if a party do actually so

Subjects enlisting or engaging to serve in foreign service, mili

enlist or

tary or

naval, guilty

of misdemeanor.

serve, though he did not go over for that purpose, it will be within the statute: 1 Russ. 92. The place where the offence is committed is that where the party passed out of the kingdom: ib.

59 Geo. 3, c. 69.

Whereas the enlistment or engagement of his majesty's subjects to serve in war in foreign service, without his majesty's license, and the fitting out, and equipping, and arming, of vessels by his majesty's subjects, without his majesty's licence, for warlike operations in or against the dominions or territories of any foreign prince, state, potentate, or persons exercising, or assuming to exercise, the powers of government in or over any foreign country, colony, province, or part of any province, or against the ships, goods, or merchandize, of any foreign prince, state, potentate, or persons as aforesaid, or their subjects, may be prejudicial to, and tend to endanger, the peace and welfare of this kingdom: and whereas, the laws in force are not sufficiently effectual for preventing the same; be it therefore enacted, &c. [repeals 9 Geo. 2, c. 30: 29 Geo. 2, c. 17: the Irish act, 11 Geo. 2, and the Irish act, 19 Geo. 2.]

II. And be it further declared and enacted, that if any natural-born subject of his majesty, his heirs and successors, without the leave or license of his majesty, his heirs or successors, for that purpose first had and obtained, under the sign manual of his majesty, his heirs or successors, or signified by order in council, or by proclamation of his majesty, his heirs or successors, shall take or accept, or shall agree to take or accept, any military commission, or shall otherwise enter into the military service as a commissioned or non-commissioned officer, or shall enlist or enter himself to enlist, or shall agree to enlist or to enter himself to serve as a soldier, or to be employed or shall serve in any warlike or military operation, in the service of or for, or under or in aid of any foreign prince, state, potentate, colony, province, or part of any province or people, or of any person or persons exercising, or assuming to exercise, the powers of government in or over any foreign country, colony, province, or any part of any province or people, either as an officer or soldier, or in any other military capa

city; or if any natural-born subject of his majesty shall, without such leave or license as aforesaid, accept, or agree to take or accept, any commission, warrant, or appointment, as an officer, or shall enlist or enter himself, or shall agree to enlist or enter himself, to serve as a sailor or marine, or to be employed or engaged, or shall serve in and on board any ship or vessel of war, or in and on board any ship or vessel used or fitted out, or equipped or intended to be used, for any warlike purpose, in the service of, or under, or for or in aid of, any foreign power, prince, state, potentate, colony, province, or part of any province or people, or of any person or persons exercising, or assuming to exercise, the powers of government in or over any foreign country, colony, province, or part of any province or people; or if any natural-born subject of his majesty shall, without such leave and license as aforesaid, engage, contract, or agree to go, or shall go, to any foreign state, country, colony, province, or part of any province, or to any place beyond the seas, with an intent, or in order, to enlist or enter himself to serve, or with intent to serve in any warlike or military operation whatever, whether by land or by sea, in the service of or for, or under or in aid of, any foreign prince, state, potentate, colony, province, or part of any province or people, or in the service of or for, or under or in aid of, any person or persons exercising, or assuming to exercise, the powers of government in or over any foreign country, colony, province, or part of any province or people, either as an officer or a soldier, or in any other military capacity, or as an officer, or sailor, or marine, in any such ship or vessel as aforesaid, although no enlisting money, or pay, or reward, shall have been, or shall be, in any or either of the cases aforesaid, actually paid to or received by him, or by any person to or for his use or benefit; or if any person All persons whatever, within the united kingdom of Great Britain and retaining Ireland, or in any part of his majesty's dominions else- or procuring others where, or in any country, colony, settlement, island, or to enlist, place, belonging to or subject to his majesty, shall hire, guilty of retain, engage, or procure, or shall attempt or endeavour to the like ofhire, retain, engage, or procure, any person or persons whatever, to enlist, or to enter or engage to enlist, or to serve or to be employed in any such service or employment as aforesaid, as an officer, soldier, sailor, or marine, either in land or sea service, for or under or in aid of any foreign prince, state, potentate, colony, province, or part of any province or people, or for, or under, or in aid of, any person or persons exercising, or assuming to exercise, any powers of government as aforesaid, or to go, or to agree to go or embark from any part of his majesty's dominions, for the purpose or with intent to be so enlisted, entered, engaged, or employed, as aforesaid, whether any enlisting money, pay, or reward, shall have been or shall be actually given or received, or not; in any or either of such cases,

fence.