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

ARTICLE 81.

PROCURING SIGNATURES TO PETITION WITHOUT AUTHORITY AND TUMULTUOUS PETITIONING.

1 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.

(b.) who repairs to the Queen or either House of Parliament upon pretence of presenting any petition or address accompanied by more than ten persons at any one time.

ARTICLE 82.

UNLAWFUL DRILLING.

2 All assemblies are unlawful which are held in order that the persons assembled may train or drill themselves, or be trained or drilled to the use of arms, or for the purpose of practising military movements or evolutions without lawful authority.

Every person commits felony, and is liable upon conviction thereof to a 3 maximum punishment of seven years penal servitude, who

113 Car. 2, c. 5.

260 Geo. 3 & 1 Geo. 4, c. 1, s. 1 (redrawn). Draft Code, ss. 92, 3. There is no provision for hard labour in cases of imprisonment.

(a.) is present at, or attends any such assembly, for the purpose of training or drilling any other person to the use of arms, or the practice of military exercise, movements, or evolutions, or

(b.) who trains or drills any other person to the use of arms, or the practice of military exercise, movements, or evolutions, or

(c.) who aids or assists therein.

Every person commits a misdemeanor, and is liable upon conviction thereof to a maximum punishment of two years imprisonment and fine, who attends or is present at any such assembly for the purpose of being, or who at any such assembly is, trained or drilled to the use of arms, or the practice of military exercise, movements, or evolutions.

CHAPTER VIII.

OFFENCES AGAINST INTERNAL TRANQUILLITY BY UNLAWFUL ENGAGEMENTS AND COMBINATIONS AND CONFEDERACIES.

ARTICLE 83.

UNLAWFUL OATHS. OATHS TO COMMIT MURDER OR TREASON.

1 EVERY one is guilty of felony, and liable to penal servitude for life, as a maximum punishment, the maximum alternative term of imprisonment being in case (a.) three years, who

(a.) Administers, or causes to be administered, or aids or assists at the administering of any oath, engagement, or obligation in the nature of an oath, purporting, or intending to bind the person taking the same to commit treason or murder, or any felony which on the 12th of July, 1812, was punishable with death; or

(b.) Takes any such oath or engagement, not being compelled thereto.

2

ARTICLE 84.

OTHER UNLAWFUL OATHS.

Every one is guilty of felony, and is liable, upon conviction, to seven years penal servitude as a maximum and five years penal servitude as a minimum punishment, who

(a.) Administers, or causes to be administered, or is aiding and assisting at, or present at and consenting to the

1 52 Geo. 3, c. 104, ss. 1, 6 (redrawn). As to punishment see in case (a.) 7 Wm. 4 & 1 Vict. c, 91, S. See 2 Hist. Cr. Law, 294-7, and Draft Code, s. 99. 237 Geo. 3, c. 123, ss. 1, 5 (redrawn). The punishment is transportation for any term not exceeding seven years, and no alternative term of imprisonment is given. The 9 & 10 Vict. c. 24, s. 1, applies only to cases in which a sentence of more than seven years transportation may be given. It does not therefore apply to this case. By the penal servitude statutes, penal servitude is substituted for transportation, and five years is now the minimum term for which penal servitude can be inflicted. The result would, I suppose, be as stated in the text. Draft Code, s. 100.

administering or taking of any oath, or engagement or obligation in the nature of an oath, purporting or intending to bind the person taking the same

(i.) To engage in any mutinous or seditious purpose;

(ii.) To disturb the public peace;

(iii.) To be of any association, society, or confederacy formed for any such purpose;

(iv.) To obey the orders or commands of any committee or body of men not lawfully constituted, or of any leader or commander, or other person not having authority by law for that purpose;

(v.) Not to inform or give evidence against any associate, confederate, or other person;

(vi.) Not to reveal or discover any unlawful combination or confederacy, or any illegal act done or to be done; or any illegal oath or engagement which may have been administered or tendered to, or taken by any person, or the import of any such oath or engagement; or who

1

(.) Takes any such oath or engagement, not being compelled thereto.

ARTICLE 85.

COMPULSION, HOW FAR A DEFENCE.

2 No person who takes any oath or engagement referred to in Article 83 or Article 84, under compulsion, shall be justified or excused thereby, unless within fourteen days after the taking thereof in the case of oaths referred to in Article 83, or within four days after the taking thereof in the case of oaths referred to in Article 84, if not prevented by actual force or sickness, and then within four days after the cessation of the hindrance produced by such force or sickness, he declares the same, and the whole of what he knows touching the same, and the persons by whom, and in whose presence, and when and where such oath or engagement was administered or taken, by information on oath before one of Her Majesty's justices of the peace, or one of Her Majesty's

1 "Such person or persons, or to or by any other person or persons." 252 Geo. 3, c. 104, s. 2 ; 37 Geo. 3, c. 123, s. 2 (consolidated). Cf. Draft Code, s. 23.

principal Secretaries of State, or Her Majesty's Privy Council; or if he is in actual service in Her Majesty's forces by sea or land, either by such information on oath as aforesaid, or by information to his commanding officer.

1

ARTICLE 86.

UNLAWFUL CLUBS AND SOCIETIES.

Every club or society is an unlawful combination and confederacy:

(a.) If its members according to its rules, or according to any provision or agreement for that purpose, are required, or permitted to, or do take any unlawful oath or undertaking as defined in Articles 83 and 84, or any oath not required or authorized by law; or

(b.) Take or in any manner bind themselves by any such oath or agreement on becoming or in consequence of being members of any such society; or

(c.) 2 Take, subscribe, or assent to any test or declaration not required or authorized by law or allowed in the manner mentioned in the note hereto, whether by words, signs, or otherwise, either in order to become or in consequence of being a member of such society or club; or

1 (a.) to (h.) inclusive, 39 Geo. 3, c. 79, s. 2 ; (c.) is repeated in and extended by 57 Geo. 3, c. 19, s. 25; (i.) and (j.), 57 Geo. 3, c. 19, ss. 24, 25. The preamble of 39 Geo. 3, c. 79, recites the existence of a treasonable conspiracy carried on both in Great Britain and Ireland in order to overturn the government, and that in pursuance of this design societies have been instituted, "inconsistent with the existence of regular government," and in particular, societies of United Englishmen, United Irishmen, and United Scotsmen, United Britons, and the London Corresponding Societies. It then describes the proceedings of these societies; and section 1 enacts that they shall be "utterly suppressed and prohibited" as unlawful combinations and confederacies." Section 2 contains the provisions embodied in the text. Section 1 can hardly be regarded as creating a distinct offence, as the societies which are suppressed no longer exist. It would however make it penal to revive those societies or similar ones.

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2 The form of the test must be approved and subscribed by two or more justices of the peace of the county, and registered with the clerk of the peace. Such approbation is valid only till the next general session for the county, unless on application made by the parties concerned it is then confirmed by the majority of the justices present. Sect 3.