assembled together to the disturbance of the public peace, unlawfully and with force demolish, or pull down, or destroy, any building, public building, machinery, or mining plant, as defined in the note hereto, or begin to do so.

ARTICLE 80.

RIOTOUS DAMAGE OF HOUSES, ETC.

2 All persons are guilty of a misdemeanor, and liable to seven years penal servitude, who being so assembled as aforesaid unlawfully and with force injure or damage any of the things aforesaid: and any person indicted for the felony in Article 79 may be convicted for the misdemeanor in this Article.

ARTICLE 81.

PERSONS ASSEMBLED IN ORDER TO SMUGGLE.

3 Every one commits a misdemeanor and is liable to a fine of not more than £500, and not less than £100, who with any

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Building" means any church, chapel, meeting-house, or other place of divine worship, or any house, stable, coach-house, out-house, warehouse, office, shop, mill, malt-house, hop-oast, barn, granary, shed, hovel or fold, or any building or erection used in farming land, or in carrying on any trade or manufacture, or any branch thereof.

"Public building" means any building other than such as are in this section before mentioned, belonging to the Queen, or to any county, riding, division, city, borough, poor-law union, parish or place, or belonging to any university or college, or hall of any university, or to any inn of court, or devoted or dedicated to public use or ornament, or erected or maintained by public subscription or contribution.

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Machinery" means 'any machinery, whether fixed or movable, prepared for, or employed in, any manufacture, or in any branch thereof." Mining plant" means any steam-engine, or other engine for sinking, working, ventilating, or draining 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."

224 & 25 Vict. c. 97, s. 12 (redrawn). Draft Code, s. 91.

3 42 & 43 Vict. c. 21, s. 10 and 39 & 40 Vict. c. 36, s. 189. The former section replaces s. 188 of the latter Act, by force of s. 14 of the former Act. As the sections stand they are still obscure in some points. I believe them to mean what is stated in the text. The first part of the article gives the effect of 42 & 43 Vict. c. 21, s. 10, with only a slight change in the order of the words. The second part is what I suppose to be the meaning of 39 & 40 Vict. c. 36, s. 189. That section begins by providing that every

two or more persons assembles for the purpose of unshipping, landing, running, carrying or concealing any spirits, tobacco or any prohibited, restricted or uncustomed goods, or who having so assembled unships, etc., such spirits, etc.

If any person engaged in any of the said offences is armed with firearms or other offensive weapons, or, whether so armed or not, is disguised in any way, or being so armed or disguised is found within five miles of the sea coast or of any tidal river with any goods liable to forfeiture under the 39 & 40 Vict. c. 36, or any other Act relating to the Customs, he must be imprisoned with or without hard labour for a term not exceeding three years.

Every one must be imprisoned for a term not exceeding twelve months who procures, or hires, or deputes, or authorizes any other person to procure or hire any person or persons to assemble for the purpose of being concerned in the landing

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one who procures or hires any person to assemble for the purposes specified in the 3rd paragraph of the Article in the text, is to be imprisoned for the term mentioned. It then proceeds to enact that if any person "engaged in the commission of any of the above offences" is armed, or disguised, &c., he is to be imprisoned for a term not exceeding three years. The above offences can hardly mean the offences mentioned in the earlier part of the section, as a man hiring another to run goods would hardly be likely to be armed or disguised, nor would it make matters worse if he were. I suppose, therefore, the "above offences" are the offences specified in 42 & 43 Vict. c. 21, s. 10, though the words may probably refer also to numerous revenue offences created by 39 & 40 Vict. c. 36, s. 189. This, however, raises new difficulties. Upon this view the latter part of s. 189 enacts that a person is to be imprisoned if, forming one of an assembly of three people for smuggling purposes, he is, (1) armed, (2) disguised, (3) armed and in possession of smuggled goods within five miles of the coast, &c., (4) disguised and in possession of smuggled goods, &c. It is impossible for any one to commit (3) or (4) unless he has already committed either (1) or (2). Why, then, should any special punishment be provided for him? It is like enacting that every man who steals a sheep shall be liable to penal servitude, and then enacting separately that if he steals it on a road or in a field he shall be liable to the same punishment. I rather think the intention must have been to provide for the case of a person found alone in possession of smuggled goods near the coast, and armed or disguised, and that by a slip in the drafting some such words as or if any person whatever " were left out before the words "so armed or disguised." A comparison of this provision with s. 250 of the repealed Act strengthens this conjecture. In that enactment an assembly of five persons for the purposes mentioned formed one offence, and an assembly of two persons formed another. There must be some mistake in the drafting, as there is no nominative case to the verb "shall be imprisoned."

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or unshipping, or carrying, conveying, or concealing any goods which are prohibited to be imported, or the duties for which have not been paid or secured.

ARTICLE 82.

THREE PERSONS ARMED IN PURSUIT OF GAME BY NIGHT.

1 Every one commits a misdemeanor, and is liable, upon conviction thereof, to fourteen years penal servitude or three years imprisonment with but not without hard labour, who, with two or more other persons together, between the end of the first hour after sunset and the beginning of the last hour before sunrise, unlawfully enters or is on any land, whether open or enclosed, for the purpose of taking or destroying hares, pheasants, partridges, grouse, heath or moor game, black game, bustards, or rabbits, any of such persons being armed with any gun, crossbow, firearms, bludgeon, or other offensive weapon.

ARTICLE 83.

RIOTOUSLY PREVENTING THE SAILING OF SHIP.

2 All 3 persons are guilty of misdemeanor, and are liable upon conviction thereof to twelve months and a minimum term of six months imprisonment with, but not without hard labour, who being riotously assembled together to the number of three or more, unlawfully and with force prevent, hinder, or obstruct the loading or unloading, or the sailing or navi

19 Geo. 4, c. 69, s. 9. The words "night "and “game,” which occur in the section, are explained to the effect given in the text by ss. 12 and 13. The statute appears to be intended rather to prevent the murderous conflicts which are the frequent and natural results of the offence punished than to protect game. I have accordingly introduced it here. By 7 & 8 Vict. c. 29, s. 1, some of the provisions of the 9 Geo. 4, c. 69, were made applicable to " any person by night unlawfully taking or destroying any game or rabbits on any public road, highway, or path, or the sides thereof, or at the openings, outlets, or gates from any such land into any such public road, highway, or path, in the like manner as upon any such land open or enclosed." I do not think, however, that this applies to the provision in the text. Draft Code, s. 94.

233 Geo. 3, c. 67.

3 "Seaman, keelman, caster, ship carpenter, or other person."

gation of any vessel, or unlawfully and with force board 1 vessel with intent to do so.

any

Every person who commits any of the offences aforesaid after a previous conviction for any such offence is guilty of felony, and is liable upon conviction thereof to fourteen years penal servitude.

ARTICLE 84.

FORCIBLE ENTRY AND DETAINER.

2 Every one commits a misdemeanor called a forcible entry who, in order to take possession thereof, enters upon any lands or tenements in a violent manner, whether such violence consists in actual force applied to any other person or in threats of personal violence, or in breaking open any house, or in collecting together an unusual number of persons for the purpose of making such entry.

It is immaterial whether the person making such an entry had or had not a right to enter, provided that a person who enters upon land or tenements of his own, but which are in the custody of his servant or bailiff, does not commit the offence of forcible entry.

Every one commits the misdemeanor called a forcible detainer who, having wrongfully entered upon any lands or tenements, detains such lands and tenements in a manner which would render an entry upon them for the purpose of taking possession forcible.

ARTICLE 85.

POLITICAL MEETINGS IN WESTMINSTER.

3 Every meeting is an unlawful assembly which consists of more than fifty persons, and is held in any street, square, or

1 "Ship, keel, or other vessel."

There are many

21 Russ. Cr. 404-417; 1 Hawk. P. C. 495-512. statutes in force on the subject, viz. 5 Ric. 2, st. 1, c. 7 (8 in common editions); 15 Ric. 2, c. 2; 8 Hen. 6, c. 9; 31 Eliz. c. 11; 21 Ja. 1, c. 15. These statutes give no definition of the offence, but provide a mode of procedure for giving possession to the party forcibly dispossessed. See on forcible entry, Lows v. Telford, 1876, 1 App. Cas. 414. Draft Code,

s. 95.

3 57 Geo. 3, c. 19, s. 23.

open place in the city or liberties of Westminster, or county of Middlesex, within a mile from the gate of Westminster Hall, and out of the parish of St. Paul's, Covent Garden, for the purpose, or on the pretext, of considering or preparing any petition or address to the Queen, or to both Houses or either House of Parliament, for alteration of matters in Church or State, on any day on which either House of Parliament meets, sits, or is summoned or adjourned, or prorogued to meet or sit, or on which the 1 High Court of Justice, or any division or judge thereof, sits at Westminster Hall: Provided that this does not extend to any meeting held for the election of members of parliament, or to persons attending upon the business of either House of Parliament, or the said Court, or any of its divisions or judges.

Every person who convenes or calls together, or gives any notice for convening or calling together any such meeting commits a misdemeanor.

ARTICLE 86.

PROCURING SIGNATURES TO PETITION WITHOUT AUTHORITY AND TUMULTUOUS PETITIONING.

Every one commits a misdemeanor, and is liable, upon conviction thereof, to a penalty not exceeding the sum of £100 in money, and three months imprisonment,

(a.) who solicits, labours, or procures the getting of hands or other consent of more than twenty persons to any petition or address to the Queen, or to either House or both Houses of Parliament, for alteration of matters established by law in Church or State, unless the matter of the petition or address has been first consented to and ordered by three or more justices of the county where the matter arises, or by the major part of the grand jury at the assizes or quarter sessions, or in London by the lord mayor, aldermen, and commons, in common council assembled; or

1 "His Majesty's Courts of Chancery, King's Bench, Common Pleas and Exchequer, or any of them, or any judge of any of them," &c. These words seem now to be inoperative.

2 13 Car. 2, c. 5.