(d.) If the names of the members, or any of them, are kept secret from the society at large; or

(e.) If there is any committee or select body so chosen or appointed that the members constituting the same are not known by the society at large to be members of such committee or select body; or

(f) If there is any president, secretary, delegate, or other officer so chosen or appointed that his election or appointment to such office is not known to the society at large; or

(9.) If the names of all the members, and of all committees or select bodies of members, and of all presidents, treasurers, secretaries, delegates, and other officers, are not entered in a book or books to be kept for that purpose, and to be open to the inspection of all the members of such society; or

(h.) If the society is composed of different divisions or branches, or of different parts acting in any manner separately or distinct from each other, or of which any part has any separate or distinct president, secretary, treasurer, delegate, or other officer elected or appointed by or for such part, or to act as an officer for such part; or

(i.) If the society elects, appoints, nominates, or employs any committee, delegate, representative, or missionary to meet or communicate with any other society or club, or with any committee, delegate, representative, or missionary of any other society or club, or to induce or persuade any person to become a member thereof; or

2

(.) If the society professes for its object the confiscation and division of land, and the extinction of the funded property of the kingdom.

In the Act it is "shall be any committee so instituted that the same shall not be known," &c. I suppose the two "shalls" are put in for the sake of the grammar only, but the second "shall" may possibly indicate that an intention to conceal the names is required as well as the mere fact of concealment.

2 In the 57 Geo. 3, c. 19, reference is made by name to the Spenceans, or Spencean Philanthropists, analogous to the reference in 39 Geo. 3, c. 79, to the United Englishmen, &c.

ARTICLE 87.

QUAKERS AND RELIGIOUS AND CHARITABLE SOCIETIES EXCEPTED.

1 The provisions of Article 86 do not extend to any meeting or society of Quakers, or to any meeting or society formed or assembled for purposes of a religious or charitable nature only, and in which no other matter or business is treated of or discussed, or to any lodge of Freemasons, two members of which certify on oath in the manner prescribed in 39 Geo. 3, c. 79, s. 6.

ARTICLE 88.

PUNISHMENT OF MEMBERS.

2 Every member of any such society, and every person who acts as a member thereof, or directly or indirectly maintains correspondence or intercourse with any such society, or with any division, branch, committee, or other select body, president, treasurer, secretary, delegate, or other officer or member thereof as such, or aids, abets, or supports any such society by contribution of money or otherwise, is liable, upon summary conviction, to be imprisoned for not more than three months, or less than one month, or to be fined not more than £20, and not less than £6 6s. 8d., and in default of payment to be imprisoned for any term not exceeding three months, or if convicted on indictment, to a maximum punishment of seven years penal servitude, or two years imprisonment without hard labour.

ARTICLE 89.

PERMITTING MEETINGS OF UNLAWFUL CLUBS.

3 Whoever knowingly permits any meeting of any club or society, or any division, committee, or branch of a club or society declared by Article 86 to be unlawful, to be held in any house or place belonging to him or in his occupation, is 157 Geo. 3, c. 19, ss. 26, 27; 39 Geo. 3, c. 79. s. 5. 239 Geo. 3, c. 79, ss. 8, 9; 57 Geo. 3, c. 19, s. 25. 3 57 Geo. 3, c. 19, s. 28; 39 Geo. 3, c. 79, s. 13.

liable to a penalty of £5 for the first offence, and for every subsequent offence is deemed to be guilty of an unlawful combination and confederacy, and is liable to the penalties specified in Article 88.

1

ARTICLE 90.

JESUITS AND MONKS.

1 Every Jesuit, and every member of any other religious order, community, or society of the Church of Rome bound. by monastic or religious vows who comes into this realm, commits a misdemeanor, and is liable upon conviction thereof to be banished from the United Kingdom for the term of his natural life,

2 provided that the Secretary of State, being a Protestant, may grant a licence to any such person to come into the United Kingdom and to remain there for a period not exceeding six months; and any Secretary of State may revoke such licence before the expiration of the time mentioned therein. If the licensee does not depart from the United Kingdom within twenty days after the time mentioned in the licence, or after notice of revocation thereof, he commits a misdemeanor, and is liable to be banished from the United Kingdom for life.

3 Every such person commits a misdemeanor who, within any part of the United Kingdom, admits any person to become a regular ecclesiastic, or brother or member of any such religious order, community, or society, or aids or consents thereto, or administers or causes to be administered, or aids or assists in administering, any vow or engagement purporting or intended to bind the persons taking the same to the rules, ordinances, or ceremonies of such religious order, community, or society.

Every person commits a misdemeanor and must be banished from the United Kingdom for life who within any

110 Geo. 4, c. 7, ss. 28, 29.

2 Ibid. s. 31.

3 Ibid. s. 32.

4 Ibid. s. 34.

part of the United Kingdom is admitted or becomes a Jesuit or brother or member of any other such religious order or community aforesaid.

1Every person ordered to be banished who does not depart from the United Kingdom within thirty days may be removed to such place as Her Majesty, by the advice of her Privy Council, directs.

2 Every person ordered to be banished who is found at large in the United Kingdom after three months from such order is liable to penal servitude for life as a maximum punishment.

3

Nothing in this article contained affects any religious order, community, or establishment consisting of females bound by religious or monastic vows.

ARTICLE 91.

SEDITIOUS WORDS AND LIBELS.

Every one commits a misdemeanor who with a seditious intention speaks any words or publishes anything capable of being a libel. If the matter published consists of words spoken, the offence is called the speaking of seditious words. If the matter so published is contained in anything capable of being a libel, the offence is called the publication of a seditious libel.

The word "publish" in this article is used in the same sense as in Article 270, and the word "libel" in the second of the two senses specified in Article 267.

ARTICLE 92.

SEDITIOUS CONSPIRACY.

5 Every one commits a misdemeanor who agrees with any

110 Geo. 4, c. 7, s. 35.

2 Ibid. s. 36.

3 lbid. s. 37.

1 Hawk. P. C. 66, 486; 4 Steph. Com. 238; 1 Russ. Cr. 336, and see 2 Hist.

Cr. Law, ch. xxiv. pp. 298–396. Draft Code, s. 102.

5 See Wright on the Law of Conspiracy, 28-31. Draft Code, s. 102.

other person or persons to do any act for the furtherance of any seditious intention common to both or all of them. Such an offence is called a seditious conspiracy.

1

ARTICLE 93.

SEDITIOUS INTENTION DEFINED.

1A seditious intention is an intention to bring into hatred or contempt, or to excite disaffection against the person of, Her Majesty, her heirs or successors, or the government and constitution of the United Kingdom, as by law established, or either House of Parliament, or the administration of justice, or to excite Her Majesty's subjects to attempt, otherwise than by lawful means, the alteration of any matter in Church or State by law established, or to incite any person to commit any crime in disturbance of the peace, or to raise discontent or disaffection amongst Her Majesty's subjects, or to promote feelings of ill-will and hostility between different classes of such subjects.

3 An intention to shew that Her Majesty has been misled or mistaken in her measures, or to point out errors or defects in the government or constitution as by law established, with a view to their reformation, or to excite Her Majesty's subjects to attempt by lawful means the alteration of any matter in Church or State by law established, or to point out, in order to their removal, matters which are producing, or have a tendency to produce, feelings of hatred and ill-will between classes of Her Majesty's subjects, is not a seditious intention.

160 Geo. 3 & 1 Geo. 4, c. 8; and O'Connell v. R., 11 Cl. & F. 155, 234. Draft Code, s. 102.

2 These words were not in the earlier editions of this work. I do not think they enlarge the sense, but they make it more explicit. They were intended to meet such cases as those of Most and Mertens, tried in 1881 and 1882 for publishing articles in the Freiheit applauding the assassination of the Emperor of Russia and that of Lord Frederick Cavendish and Mr. Burke at Dublin. See too the case of R. v. Collins, 9 C. & P. 456, and judgment of Littledale, J., 460. 3 R. v. Lambert and Perry 2 Camp. 398; R. v. Vincent, 9 C. & P. 91.

F