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With regard to aliens naturalized under the Act of 1870, this provision is apparently no longer of any effect, since by that Act naturalization confers upon them all the political rights of a British subject. But the provision still applies to denizens, though there seems to be some doubt as to whether they may not be employed in an "office or place of trust," or, at any rate, as British consular agents in foreign countries. (f)

There is also authority for saying that a denizen may vote at Parliamentary elections. (g)

(f) See Hall's Foreign Jurisdiction, p. 34.

(g) Solomon's Case (1804), 2 Peck. 117.

APPENDIX C.

STATUTORY PROVISIONS FOR THE PREVENTION OF SEDITION, ETC.

Ar the present time, when the use of force in opposing the wishes of legally constituted authority would seem to be regarded by many as a legitimate, constitutional and political weapon, a short summary of some of the more important provisions of the Acts in force for the prevention and suppression of sedition, may be found useful.

(1) The Treason Felony Act, 1848.-Under this Act there are two main offences, which have been briefly referred to earlier in this book, (a) punishable equally in the case of principals in the first and second degree, and accessories before the fact with penal servitude for life, or for any period not less than three years, or with imprisonment not exceeding two years with or without hard labour. (b) Accessories after the fact are punishable with imprisonment not exceeding two years with or without hard labour. These offences are:(a) Within the United Kingdom or without, to compass, imagine, invent, devise, or intend, to deprive or depose the sovereign from the style, honour, or royal name, of the Imperial Crown of the United Kingdom, or of any other of his Majesty's dominions and countries. (c) In connection with this offence, it may be noted that a conspiracy to levy war for a public purpose, or the storing and sending of arms to be used in aid of a treasonable confederacy to overthrow the Government in any part of his Majesty's dominions, is sufficient to support an indictment. (d) (b) It is felony for any person within the United Kingdom or without, to compass, invent, devise, or intend to levy war against the sovereign in any part of the

(a) See ante, p. 155.

(b) Treason Felony Act, 1848, s. 3; Penal Servitude Act, 1891, s. 1. (c) Treason Felony Act, 1848, s. 3.

(d) See R. v. Davitt and Another (1870), 11 Gallagher and Others (1883), 15 Cox, C. C. 291; L. R. 3 H. L. 306

Cox, C. C. 334; R. v.
Mulcahy v. R. (1868),

United Kingdom in order by force or constraint to compel him to change his measures or counsels, or in order to put any force or constraint upon, or in order to intimidate or overawe both Houses or either House of Parliament, or to move or stir any foreigner or stranger with force to invade the United Kingdom, or any other of the sovereign's dominions or countries under the obeisance of the sovereign. (e)

It may be noted that when such acts of force have been committed, it is to show an intention for some public purpose to bring the offence within the Act; (f) and that the offence of "levying war " is evidenced by an intention to use violent measures either against public or private property, or against the lives of the sovereign's subjects for some public purpose, as distinguished from private spite or enmity against particular persons. (g)

(2) The Unlawful Oaths Act, 1797 and 1812. (h)—Under the Act of 1797 it is a felony punishable with penal servitude not exceeding seven years, for any person to administer or cause to be administered, or assisting, or being present at and consenting to the administration or taking of any oath. or engagement purporting to bind the person taking it to engage in any mutinous or seditious purpose, or to disturb the public peace, or to be of any society, association, or confederation formed for any such purpose, or 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, or not to disclose the existence, confederation, or association, or not to inform or give evidence.

The penalty is the same for persons taking the oath or engagement not being under compulsion; and persons aiding or assisting at the administration, or causing the oath to be administered, are to be deemed principal offenders though not actually present at the administration.

By the Unlawful Oaths Act, 1812, (i) where the oath or

(e) Treason Felony Act, 1848, s. 3, partially repealed by the Statute Law Revision Acts, 1891 and 1892.

(f) See the cases cited in note (d), and R. v. Meaney (1867), I. R. 1 C. L. 500.

(g) R. v. Gallagher and Others, supra, at p. 317.

(h) 37 Geo. III. c. 70; 52 Geo. III. c. 104.

(i) 52 Geo. III. c. 104; and as to the penalty see the Punishment of Offences Act, 1837. An association the members of which are bound not to reveal its secrets is an unlawful association within the statutes.

engagement purports or intends to bind the person taking it to commit any treason or murder, or any felony punishable with death, the punishment in the case of the person administering the oath, and the person taking it not being under compulsion, is increased to penal servitude for life, or such other term as the Court may adjudge.

(3) The Incitement to Mutiny Act, 1797. (k)-Under this Act any person who maliciously and advisedly endeavours to seduce any person serving in his Majesty's forces by sea or land from his duty to his Majesty, or to incite or stir up any such person to commit any act of mutiny, or to make or endeavour to make any mutinous assembly, or to commit any traitorous or mutinous practice, is guilty of felony punishable with penal servitude for life. (1)

(4) The Unlawful Drilling Act, 1820. (m)-Under this Act meetings and assemblies of persons in the United Kingdom for the purpose of training or drilling themselves, or practising military evolutions, without lawful authority from his Majesty, or the lieutenant of the county, or two justices of the county or riding, by commission or otherwise, are prohibited, and persons present at such meetings for the purpose of training and drilling others, or aiding or assisting therein, are liable to seven years' penal servitude, or imprisonment not exceeding two years. Persons attending such meetings or being present to be trained are liable to fine and imprisonment not exceeding two years.

for whatever purpose it is formed. See R. v. Lovelass (1834), 6 C. & P. 596.

(k) 37 Geo. III. c. 70; Punishment of Offences Act, 1837.

(7) For cases under this Act, see R. v. Tierney (1804), Russ. & R. 74 ; R. v. Bowman and Buck, Times, 23rd March, 1912.

(m) 60 Geo. III. and 1 Geo. IV. c. 1; and see as to the punishment, the Penal Servitude Act, 1891, s. 1 (1).

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