Page images
PDF
EPUB

SECOND COL.

FIRST COLUMN. who are soldiers; where the speaker or writer is habitually seditious, or where he recommends to his hearers the using of force.

352. Circumstances of mitigation are, where the persons addressed are not uneducated, nor apparently predisposed to violence, nor soldiers, and where the speaker is not habitually seditious, nor has recommended the employment of force, but where his discourse, although seditious, appears to have been excited by a public spirited, and not by a malicious or mercenary motive, and appears also to be free from any treasonable intention.

tion.

353. TREASON, is an attempt by one or more members of a State, to subjugate or change the Government, as by law established, by force of arms, as, (with the above intention)

354. Seizing, or attempting to seize, the person of the chief Transportamagistrate. 355. Killing, or attempting to kill him.

Death. 356. Seizing, or attempting to seize any military station, or Transportastore.

tion. 357. Arming the people, or inducing them to arm them- Transportaselves, for the purpose of resisting or attacking the public tion. force. 358. Levying, organizing, furnishing with arms, or accou- Transporta

tion. trements, ammunition or supplies; employing or commanding any armed band without legal authority, or justifiable reason.

359. Assuming the command of a corps of the army, of a Transportatroop, of a ship, or of a military station, without legal autho- tion. rity or justifiable reason.

360. Retaining any military command in possession, or Transportakeeping an army or troop assembled, contrary to the order of tion. Government, without justifiable reason.

361. Contriving, directing, or causing any treasonable acts Transportato be committed, although not personally present at the tion. commission of them.

362. Being taken in the fact of actively aiding and abet- Transportating in the commission of any treasonable act.

tion. 363. Aiding and abetting, but without having Impt. 1 to 12 weeks, or the taken any command or office in the plot, and penalty consequent on any surrendering, or being taken unarmed and with particular offence which he

may have individually out making resistance.

committed.

FIRST COLUMN.

364. CONFEDERATING and AGREEING with others to carry a plot into effect, to subjugate or change the Government by force of arms, but which plot is frustrated by timely discovery, before any act of violence is committed. 365. Proposing such confederacy, although it be not agreed to.

368. Harbouring and concealing any spy of the enemy, knowing him to be such.

369. A public officer, agent of the Government, or other person, being intrusted, or being officially or by reason of his situation, acquainted with the secret of any negociation or expedition, betraying such secret to any foreign power or its agent.

370. Correspondence with a foreign enemy, by any citizen giving him particular information of the political or military situation of the Government.

SECOND COL.

Transporta tion.

366. TREASONABLE CONFEDERACIES WITH FOREIGN STATES.-A citizen bearing arms under a foreign enemy against his country, or conspiring with a foreign power, or its agent, in a design for making war on his country.

367. Conspiring with a foreign power or its agent, or in fact using means to facilitate the entry of a foreign ene- Death. my's troops into his country, or to betray to them the strong places, fortresses, magazines, arsenals, or ships of his country, or to supply them with soldiers, men, money, arms, ammunition, or provision, either by seducing the fidelity of officers, soldiers, seamen, or others in the employment of his Government, or to excite the people to take up arms in aid of the invasion.

Fine or impt. 4 to 48 weeks,

or banish

ment, 1 to 3

years.

Transporta

tion.

Solitary impt. 12 to 24weeks,

office. forfeiture of

Fine or impt. 12 to 24 weeks, banishment.

"

371. A public officer, with whom by reason of his func- Death. tions, any plans of fortifications, arsenals, ports, or roads for ships, shall have been deposited, or any other person, who by corruption, fraud, or violence, shall have got possession of any such plans, communicating any such plans or copies of them to the enemy, or any agent of the enemy.

373. CONCEALMENT of TREASON.-Persons who shall have had knowledge of treasonable plots, and who, not being Husband or Wife, Father or Child, Brother or Sister to any principal therein, shall not have made known the same together with the authors (if known to them), to the magis

372. An officer betraying any military position, stores, or Death. troops under his charge, into the hands of an enemy.

Fine or impt. 12 to 48weeks.

FIRST COLUMN.

tracy, within twenty-four hours after they shall have arrived at such knowledge.

374. REVEALING of TREASON.-A party to a treasonable plot, who before the execution thereof, and before any prosecution has commenced, shall have been the first to give information of such plot, and of its authors and accomplices, or who even after the commencement of a prosecution, shall have procured the apprehension of the authors of it and their accomplices, shall be exempt from the penalties of treason.

ON ELECTIONS.

375. Influencing the freedom of voting at a public election, by bribes, promises, or threats, or impeding it by actual force.

376. If the above offence be committed by a candidate or his agent.

377. Selling a vote for any consideration past, present, or prospec

tive.

SECOND COL.

Fine or impt. 1 to 6 months, forfeiture of right

of voting for 5 years.

Forfeiture of return if successful, in addition to the preceding penalty.

Forfeiture of the right of voting, and disqualification for any public employ

ment.

378. Falsifying an official entry at, or return, Fine or impt. 3 to 6 months, forfeiture of civil rights. or scrutiny, of an election.

AGAINST CIVIL RIGHTS.

pense to the

379. Any arbitrary or illegal and unconstitutional act Ample recomdone or ordered by a public officer, against the liberty or individual civil rights of the subject. wronged,with double costs of suits; and if the wrong be very gross, forfeiture of office: but if the person charged prove that he has acted under the command. of a superior, to whom his obedience was due, he shall be exempt from the penalty, which penalty, in such case, shall be inflicted on the superior only; if the person charged prove that he was taken by surprise, or acted under mere error of judgment, his punishment shall be limited to Restitution, Damages, and Costs.

380. Any wilful misrepresentation of facts to a public functionary, to procure the arrest or detention of a citizen.

Fine or impt. 1 to 6 months, damages and double costs.

any

381. CONSPIRACIES AMONG PUBLIC OFFICERS.-Every concert of measures contrary to the laws, but without treasonable intention, by public officers, whether against the civil rights of individuals, the just execution of the laws, or the legal or constitutional orders of Government.

Fine or impt. 12 to 24weeks, or banish

382. Suspending or hindering the due execution of a law, by a judicial or executive officer, unless upon some extraordinary discovery or event, the particulars of which he immediately lays before Government for final direction.

ment 5 to 10

years, and forfeitureof office. Fine or impt. 4 to 12 weeks, and forfeiture

of office.

[ocr errors]
[ocr errors]

CHAPTER VIII.

Regulations of Police for the prevention of disorders and

violence.

The Infraction of any of the following regulations subjects the offender to a fine, or an imprisonment for not exceeding seven days, in the discretion of a single Justice, subject to the right of appeal to a Jury, if claimed within 24 hours after conviction, and due security be given for the payment of full costs if unsuccessful.

383. All persons, in walking the streets, whose right sides are next the wall, are intitled to take the wall. In driving beasts of burthen, and cattle in the highways, the drivers are always to keep so near to them as to have them under command. All persons are to keep on the left side of the way they are going, when they cross a carriage or beast of burthen moving in the opposite direction, and leave at least one half of the width of the road free. They are to swerve to the left side if necessary, to make room for a carriage which is following them at a quicker rate, and which it is desired should pass them. They are to pass on the right side of any carriage they may overtake and pass. When they stop, they are to draw up close to the curb. They are not to stop and remain in any place where such remaining materially impedes the use of the road. But when a stoppage of carriages does occur, they are to use their best endeavours to facilitate the clearing of a passage without doing mischief. They are not to ride or drive any beast of burthen, or cattle, or draw or wheel any carriage along the footway, or stop on any footway crossing of any highway. They are not to carry any load, if it can be avoided, in such manner as to be likely to hurt passengers.

They are not to place, or cause to be placed, any unnecessary obstruction, nor throw any rubbish or offal in any highway, or in a water-course, so as to impede the use of either; nor to cause the property of another to be overflowed; nor to divert or stop an ancient highway or water-course to the prejudice of another; nor cause an unnecessary annoyance on a highway, by protracting a rebuilding or repair, beyond the period in which the same might be completed if due diligence were used; nor neglect to adopt all reasonable means for preventing and lessening annoyance to the

[ocr errors]

public in cases of rebuilding or repair; nor project goods from or before buildings in populous streets, so as to be likely to hurt, soil, or impede passengers; nor leave holes in or near to a public way, into which passengers are likely to fall; nor rush violently, rudely, and unnecessarily among persons in a crowd, so as to hurt or offend them; nor crowd unnecessarily with very dirty clothes on, (such as the working clothes of chimney sweepers), among well dressed persons, so as to soil them; nor bawl or make great noises unnecessarily in the public streets, particularly after the hours of rest, so as to create alarm or disturbance; nor raise, an alarm or cry of distress without just occasion; nor be drunk in the streets.

384. They are not to lay, or suffer to accumulate about their premises, any things which are likely to injure others by unwholesome or noisome exhalations; nor carelessly throw water, filth, or hard substances, at or upon any person, or against any building offensively; nor keep fierce animals within the range of passengers, by which they are likely to be wounded or attacked; nor suffer any dog belonging to them to be at large, which is addicted to killing or wrrying of sheep or poultry; nor suffer their cattle, if infected with a contagious distemper, to be at large, nor to place them in any stable, field, or common, to which the cattle of others have access; nor suffer their cattle to trespass on the land of others; nor carry on the trades of Slaughterman, Tallowmelter, Soap-maker, Fell-monger, Nightman, Scavenger, or other noisome or offensive businesses in populous neighbourhoods, or to the annoyance of any contiguous resident, or to that of passengers.

385. They are not to enter, without lawful right or occasion, into the house, or upon the cultivated or inclosed lands of another, unless a public way lay through the same, to which way, in such case, they are to confine themselves; nor to remain on the land or premises of another, after having been warned off by the occupier, or his servant or -agent.

386. They are not to interrupt the hearing of a lecture, debate, or performance, in a place for public instruction or performance, by making unruly noises therein; nor to take and retain a place previously engaged by another, and in possession of some one on his behalf; provided always that a fair and moderate expression of approbation or disapprobation at a public musical or dramatical entertainment, is allowable.

+ 386. They are not to make use of any obscene, profane, or seditious language, in any house for public instruction,

« PreviousContinue »