the peace, or

port in Ireland, shall, on or before 1st July, 1818, deliver vered to clerk of in to the clerk of the peace of the county, &c. where levying of tolls such customs, &c. may be claimed, a schedule of the tolls, unlawful. &c. claimed by such persons, &c. on every article sold at such fairs, &c. or landed at such ports; and in default thereof, it shall not be lawful for any such persons, &c. to levy any such custom, &c. or any person for them; and such persons or corporations, and all persons attempting to levy any custom, &c. shall incur and forfeit such penalty or penalties as have been provided by law against persons taking illegal tolls: provided that it shall be lawful for persons, &c. who shall deliver such schedules after 1st. July, 1818, to the clerk of the peace as aforesaid, to levy the legal customs, &c. after they shall have delivered in such schedules. By s. 8 the clerk of the peace shall keep a registry of all such schedules, and shall Clerk of the give to every person or corporation as aforesaid, a certifi- peace to give certificate. cate of having registered such schedule, when such schedule shall have been delivered to him. By s. 9. nothing s. 9. in this act shall (except as is herein-before provided) Saving for extend, diminish, or alter the rights of persons claiming rights of persons claiming or paying customs, &c. at such fairs, &c. or the penalties or paying tolls, to which they may become liable, or their mode of redress, otherwise than as the same are at present by law established.

&c.

S 8.

Of Offences against the Public Peace.

P. 619.624. 636. 1020. The 52 Geo. 3. c. 130. G. B. Wilfully burnrecites the 1 Geo. 1. st. 2. c. 5. Eng. (vol. 2. p. 619.) the ing building, &c. of manufactory, 9 Geo. 1. c. 22. Eng. (vol. 2. p. 624.) the 9 Geo. 3. c. 29. &c. a capital

felony,

Eng. (vol. 2. p. 636. & 1020.) the 41 Geo. 3. c. 24. G. B. 52 Geo.3. c.130. (vol. 2. p. 636.) and the 43 Geo. 3. c. 58. U. K. (vol. 2. G. B. p. 920.) and for the more effectual punishment of persons

destroying

s. 2.

molishing any

&c,

destroying the properties of his majesty's subjects, and enabling the owners of such properties to recover damages for the injury sustained, enacts, that exery person who shall wilfully or maliciously burn or set fire to any buildings, erections, or engines, which shall be used or em. ployed in the carrying on or conducting of any trade or manufactory, or any branch or department of any trade or manufactory of goods, wares or merchandize, of any kind or description, or in which any goods, &c. shall be warehoused or deposited, shall be adjudged guilty of felony without benefit of clergy. And by s. 2. if any person So riotously de- or persons unlawfully, riotously, and tumultuously asbuilding, &c. of sembled together in disturbance of the public peace, shall manufactory, unlawfully, and with force, demolish or pull down, or begin to demolish or pull down any erection and building, or engine, which shall be used or employed in the carrying on or conducting of any trade or manufactory, or any branch, &c. of any trade or manufactory of goods, &c. of any kind, or in which any goods, &c. shall be warehoused or deposited, every such demolishing, &c. or beginning to demolish, &c. shall be adjudged felony without benefit of clergy. And by s. 3. any person inAmount of da- jured or damnified by such demolishing or pulling down, wholly or in part, of any such erection, &c. shall be entitled to recover the value of such erection, &c. and of the machinery belonging thereto, or used therein, which shall be destroyed in such demolishing, or the amount of the damage which may be done to such erection, &c. in such tumultuous and riotous demolishing in part as aforesaid; and such value or damage shall and may be recovered, levied, raised and reimbursed, in such manner and form, and by such means as are provided, directed or referred to in the 1 Geo. 1. st. 2. c. 5. Eng. (vol. 2. p. 619.) Provided (s.4.) that no persons shall be enabled to recover Notice to inha- damages by virtue of this act, unless they shall, by thembitants within 2 selves or their servants, within 2 days after such damage

S. 3.

mage how recovered.

days."

S. 4.

or injury, give notice thereof unto some of the inhabitants of some town, village or hamlet, near unto the place where such fact shall be committed; and shall, within 4 days after such notice, give in their examination upon oath, or

the

sworn within 4

to prosecute

the examination upon oath of their servants, that had Examinations the care of the erections, &c. so destroyed or damaged, days before any justice of peace of the county, liberty or division where such fact shall be committed, inhabiting within the hundred where said fact shall be committed, or near unto the same, whether thknow the pers ons that committed such fact, or any of them; and if it be confessed that they do know. the persons that committed said fact, or any of them, then every person so confessing shall be bound by recognizance, to prosecute every such Parties bound offender by indictment, or otherwise according to law: Provided that no person who shall sustain any damage by any offence committed contrary to this act, shall be enabled to sue or bring any action against any inhabitants of any hundred where such offence shall be committed, except the party sustaining such damage shall commence his action, &c. within one year after such offence: Pro- Notice how vided that the notice hereby required may and shall be given in Scotgiven, in Scotland, to the sheriff or steward depute or substitute of the county or stewartry where such fact shall be committed. And the 56 Geo. 3. c. 125. G. B. recites 56 Geo.3.c.125

land.

G. B.

damaging engines, &c. be

the 1 Geo. 1. c. 5. Eng. 9 Geo. 3. c. 29. Eng. and 52 Tumultuously Geo. 3. c. 130. Eng. supra, and that more effectual pro- destroying or visions should be made for the protection of property not within the provisions of said acts; and therefore enacts, longing to collieries, &c.fethat if any person or persons unlawfully, riotously, and tony without tumultuously assembled together in disturbance of the pub- benefit of clergy. lic peace, shall unlawfully, and with force, demolish, pull down, destroy, or damage, or begin to demolish, &c. any fire engine or other engine, erected or to be erected for making, sinking, or working collieries, coal mines or other mines, or any bridge, waggon-way, or trunk, erected or made, or to be erected or made, for conveying coals or other minerals from any colliery, coal mine or other mine, to any place, or for shipping the same, or any staith or other erection or building for depositing coals or other minerals, or used in the management or conducting of the business of any such colliery, &c. whether the same cngines, &c. shall be respectively completed and finished, or

VOL. II.

2 Y

only

s. 2.

may recover da

Geo. 1. c. 5.

s. 3.

Proprietors of

engines, &c. to

give notice of such unlawful assemblies, to

only begun to be set up, made, and erected, every such demolishing, &c. or beginning to demolish, &c. shall be adjudged felony without benefit of clergy. And by s. 2. Persons injured the person or persons injured or damnified by such demomages under 1 lishing, &c. or beginning to demolish, &c. any such property herein-before specified, shall be entitled to recover the value of such property herein-before specified, so demolished, &c. or the amount of the damage done to the same as aforesaid; and such damage shall and may be recovered, levied, raised, and reimbursed in such manner, and by such ways, as are particularly provided or referred to in the 1 Geo. 1. st. 2. c. 5. in respect of the several descrip. tions of building therein mentioned. Provided (s. 3.) that whenever any person or number of persons shall be unlawfully assembled together in disturbance of the public peace as aforesaid, the owner or proprietor of any of the engines, magistrates, &c. works, buildings, or other property herein-before particularly specified, shall, as soon as conveniently may be, after such unlawful assembly shall take place, by himself or by his servants, give, or cause to be given, due notice and information of such assembly having taken place, to some or one of the nearest magistrates, and to the constable or some one of the resident house-keepers of the towns, villages, or hamlets, near to the place where any such assembly shall take place; and no person shall recover any damages by virtue of this act, unless he shall have given such notice, &c. as aforesaid, within 2 days af ter such damage done him, unto some of the magistrates of some town, village, or hamlet near unto the place where Notice to inha- such fact shall be committed; and shall, within 4 days afbitants of neigh- ter such notice, give in his examination upon oath, or the &c. and infor- examination upon oath of his servant or servants, that had the care of his property so destroyed or damaged as aforesaid, before any justice of peace of the county, &c. where such fact shall be committed, inhabiting within the said hundred, &c. or near unto the same, whether he or they do know the person or persons that committed such fact, or any of them; and if upon such examination it be confessed that he or they do know, &c. then he or they shall be bound by recognizance to prosecute such offender, &c. by indict

bouring town,

mation sworn thereupon.

ment,

ment, or otherwise, according to law: provided also, that no person who shall sustain damage by any such offender, shall be thereby enabled to sue the inhabitants of any hundred where such offence shall be committed, except such party shall commence his action, &c. within a year after within a year, such offence. And it is provided, that the notice hereby

Action brought

required shall be given in Scotland to the sheriff or stewart Notice in Scotdepute, or substitute of the county or stewartry, where land, how given. such fact shall be committed, that such measures may be taken as the law of Scotland prescribes.

sessions to be summoned by

peace at the re

tices, and at

54 Geo. 3.c.180.

Notice and sum

mons thereupon, how served, &c.

P. 636. 1. 24. For the preserving and restoring of Extraordinary peace in such parts of Ireland as may at any time be disturbed by seditious persons, or by persons entering into clerk of the unlawful combinations or conspiracies, the 54Geo.3. c.180. quest of 2 jusI. enacts, that it shall be lawful for any two justices of peace such time and in any county, or county of a city or town in Ireland, to place as they shall appoint. direct, by writing under their hands and seals, the clerk of the peace thereof to summon an extraordinary session I. of the peace to be holden therein, at such place and at such time as they shall deem expedient, (not sooner than 48 hours after such direction shall have been delivered to such clerk of the peace) in order to consider the state of such county, town or city; and thereupon such clerk of the peace shall forthwith post notice thereof on the door of the court-house of such county, &c. and cause, as far as in him lies, every justice of peace of such county, &c. who shall be resident therein, to be summoned to such sessions; in serving which summons, every constable, sub-constable, and sheriff's bailiff, shall be assisting to such clerk of the peace; and the justices assembled in consequence, not being fewer than 7 in a county at large, or than 3 in a county 7 justices in of a town or city, or the major part of such justices, shall counties, or 3 in and may, if they see fit, upon due consideration of the in notifying to state of the county, signify, by memorial signed by them, the disturbed to the lord lieutenant, &c. that they consider their county, state of county. or any part thereof, in a state of disturbance, or in immediate danger of becoming so; and thereupon it shall Lord lieutenant be lawful for the lord lieutenant, &c. with the advice of and council may the privy council, if he and they shall think proper, by claim such proclamation, to declare such county, or any part thereof, county, &c.

to

cities, to concur

lord lieutenant

thereupon pro