THE

STATUTES at Large, & c.

Anno  Regni  GEORGII IV, Britanniarum Regis

Tertio.

‘At the Parliament begun and holden at Westminster, the Twenty first Day of April, Anno Domini 1820, in the First Year of the Reign of our Sovereign Lord GEORGE the Fourth, by the Grace of God, of the United Kingdom of Great Britain and Ireland, King. Defender of the Faith; and from thence continued, by several Prorogations, to the Fifth Day of February 1822, being the Third Session of the Seventh Parliament of the United Kingdom of Great Britain and Ireland.’

C A P.  I.

An Act to suppress Insurrection and prevent Disturbance of the public Peace in Ireland, until the First Day of August One thousand eight hundred and twenty two. [11^th February 1822]

Whereas tumultuous Insurrection have from time to time existed in various parts of Ireland, principally promoted and supported by Persons associating under the pretended Obligations of Oaths unlawfully administered; Therefore, in order to restore Peace to such Parts of Ireland as are or may be so disturbed by seditious Persons, and to preserve the Peace in Counties which may be in immediate Danger of being disturbed:

Two Justices may cause Clerk of the Peace to summon an Extraordinary Session.

Notice thereof Justices to be summoned in manner herein mentioned.

Be it enacted by the King’s most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in the present Parliament assembled and by the Authority of the same, That it shall and may be lawful to and for any two Justices of the Peace in any County of a City or Town in Ireland, to direct, by Writing under their Hands and Seals, the Clerk of the Peace thereof to summon an Extraordinary Session of the Peace to be holden therein, at such Place and at such Time as they shall deem expedient, not sooner than Forty eight 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, Town or City, and cause, as far as on him lies, every Justice of the Peace of such County, Town or City, who shall be resident therein, to be summoned to such Sessions; in serving which Summons, every Constable, Sub-Constable and Sheriff’s Bailiff is hereby required to obey and be aiding and assisting such Clerk of the Peace;

Justices assembled may signify, by Memorial to Lord Lieutenant, that County is disturbed, or in Danger.

and that the Justices assembled in consequence, not being fewer than Seven in a County at large, or than Three in a County in a Town or City, or the major part of such Justices respectively, shall and may, if they shall see fit, upon due Consideration of the State of the County, signify, by Memorial, signed by them, to the Lord Lieutenant, or other Chief Governor or Governors of Ireland for the time being, that they consider their County, or any Part thereof, to be in a State of Disturbance, or in immediate Danger of becoming so, and the Grounds and Reasons of such their Opinion, and praying that the Lord Lieutenant and Council may proclaim such County, or Part thereof, to be in a State of Disturbance, or in immediate Danger of becoming so; and thereupon it shall and may be lawful to and for the Lord Lieutenant or other Chief Governor or Governors of Ireland for the time being, by and with the Advice of His Majesty’s Privy Council in Ireland, if he and they shall respectively think proper so to do,

Lord Lieutenant and Council may proclaim such County and adjoining County to be in a State of Disturbance.

Proceedings thereon.

by Proclamation to declare such County, or any Part of such County, to be in a State of Disturbance, or in immediate Danger of becoming so, as also such Part as he and they shall think proper, of any adjoining County; a Copy of which Proclamation shall be forthwith transmitted by the Clerk of the Privy Council to the Clerk of the Peace of every such County so mentioned therein, who shall thereupon, and he is hereby required forthwith to give Notice thereof to the several Magistrates, and to the Assistant Barrister of every such County, or to the Person duly qualified and empowered to act as Assistant Barrister therein, requiring their Attendance at the Special Sessions to be held as hereinafter mentioned, unless some Part of such County shall have been previously proclaimed under or by a Proclamation then in force, by Virtue whereof the Special Sessions shall be then sitting from Day to Day, as hereinafter mentioned, in which case he shall forthwith give such Notice to the Justices presiding at such Special Sessions, who shall thereupon, or as soon after as the said Court shall sit, cause such Proclamation to be publicly read in open Court.

Proclamation shall warn Inhabitants to remain in their Houses between Sunset and Sunrise; and appoint Special Sessions of the Peace.

Clerk of the Peace to cause Proclamations to be published

If County be previously proclaimed, Proclamation not to notice Special Sessions then sitting.

  II.  And be it further enacted, That every such Proclamation shall warn the Inhabitants of every such proclaimed County, or Part thereof, to be and remain within their Houses at all Hours between Sunset and Sunrise, from and after such Day as shall be named therein for that Purpose, under the Penalties by Law established; and such Proclamation shall further order and direct, that Special Sessions of the Peace for every such County, whereof the Whole, or any Part, shall be so therein proclaimed, shall be held in such County, at such Time and Place as shall be therein named, not exceeding Seven Days from the Date of such Proclamation, and such Special Sessions of the Peace shall be so held accordingly, and shall from thenceforth continue to sit so long as such County, or any Part thereof, shall be proclaimed, and shall have Power to adjourn from Time to Time, and from Place to Place within such County, as shall be found convenient; and the Clerk of the Peace in every County is hereby required forthwith to cause such Proclamations to be published in all the public Newspapers printed within such County, and to cause One or more printed Copies thereof to be posted up in large legible characters in all Market Towns within the said County, or such Part thereof, as shall be so proclaimed; Provided however, that if any Part of such County shall have been previously proclaimed by or under any Proclamation then continuing in force, in the Whole or any Part, by reason whereof there shall be then a Court of Special Sessions of the Peace sitting under this Act from Day to Day in such County, then such Proclamation shall not make any Mention of such Special Sessions of the Peace in such County, but the said Special Sessions of the Peace so then sitting shall continue to sit and take Cognizance of all Offences committed within such District or Part so newly proclaimed, in the same manner in all respects as if such Sessions of the Peace were summoned and sitting by and under such latter Proclamation.

From what Time Places proclaimed, considered as such.

  III.  And be it further enacted, That every County, or Part of a County, so proclaimed shall be considered, to all Intents and Purposes, as a proclaimed District from the Day on which the Inhabitants thereof shall be required by the Proclamation to remain within their Houses between Sunset and Sunrise as aforesaid, and not before.

Proclamations to be conclusive Evidence in civil and criminal Courts

  IV.  And be it further enacted, That all Proclamations which shall be issued under this Act by the Lord Lieutenant or other Chief Governor or Governors of Ireland for the Time being, by and with the Advice of His Majesty’s Privy Council as aforesaid, or the Dublin Gazette, importing to contain a Copy of such Proclamations respectively, shall be deemed and taken to be and shall be conclusive Evidence, in all Courts of Civil or Criminal Jurisdiction in Ireland, of all such Facts as were or shall be necessary to authorize the issuing of such Proclamations as aforesaid; and every such Proclamation shall be deemed and taken in all such Courts respectively, to all Intents and Purposes whatsoever, to have been issued in Conformity to the several Provisions of this Act.

Lord Lieutenant may appoint a King’s serjeant or Counsel to preside at Special Sessions.

Assistant Barrister to be present at such Sessions

 V.  And be it further enacted, That, after issuing of such Proclamations, it shall and may be lawful for the Lord Lieutenant or other Chief Governor or Governors of Ireland for the time being, and he or they is and are hereby empowered and required, to direct any One of His Majesty’s Serjeants at Law, or of His Majesty’s Counsel learned in the Law in Ireland, if any such Serjeant or Counsel can be procured, to repair to any such County which, or any Part of which, shall be so proclaimed, and there to continue and to preside at the said Sessions from Day to Day in a manner hereinafter mentioned, so long as such County shall continue to be so proclaimed, unless sooner recalled or permitted to leave the same by the Lord Lieutenant or other Chief Governor or Governors of Ireland for the time being; and that the Assistant Barrister of every such County, or such other Person as shall be duly qualified and empowered to do the duty of an Assistant Barrister therein, shall, on receiving such Notice as aforesaid, forthwith repair to such County, and shall continue in the said County, and be present at the said Sessions, in manner hereinafter mentioned, so long as the said County, or any Part thereof, shall continue to be so proclaimed, so as that so long as any such County, or any Part thereof, shall be proclaimed, there shall always be therein an Assistant Barrister or Person duly empowered to discharge the Duties of the said office.

Such Serjeant or Council presiding as Chief Judge, and Court of Sessions to have Powers incident to Court of Oyer and Terminer, & c. and to proceed without Grand or Petty Jury, or Bill found as herein mentioned.

Power given to Court to try Persons by Jury.

Suspension of Execution of Judgment in certain Cases.

Prisoner to remain in custody.

Proviso for holding General Sessions

 VI.  And be it enacted, That it shall and may be lawful for such Serjeant at Law, or Counsel learned in the Law, to preside in the said Court of Session of the Peace as the Chief Judge thereof; and that such Court of sessions of the Peace shall, for the Purposes of this Act, and in all Proceedings under the same, have and possess all and every the Jurisdiction, Powers and Authorities belonging and incident to a Court of Oyer and Terminer and General Gaol Delivery, and shall proceed, without any Grand Jury, and without any Bill found, to try any Person or Persons who shall, by Information on Oath, taken before any Justice of the Peace of the County wherein such Court shall sit, and returned to the Clerk of the Peace for the said County, or his Deputy, be accused of any of the Matters and Things in respect whereof any Person is by this Act declared to be an idle and disorderly Person, and shall try such Person or Persons on Evidence on Oath, to be administered by such Court, in support of such Accusations, and on Evidence upon Oath, to be in like manner administered in support of the Defence of such Person or Persons, if any such Evidence shall be offered, and shall convict and pass Judgment upon or acquit the Persons so tried, according to the merits of the Case shall appear to the Court before whom the same shall be tried; and that such Conviction and Judgment, or Acquittal, may be had and pronounced without the Verdict of any Petty Jury, and shall be equally good and valid in Law, as if such Judgment had been had on a Bill found by a lawful Grand Jury, and the Verdict of a lawful Petty Jury given thereon; Provided always, that if such Court shall think fit and proper, having due regard to the Circumstances of the Case and the then existing State and Condition of the County, to try any Person, or any Fact alleged on any such Trial by a Jury, it shall and may be lawful for such Court to cause a Petty Jury to be returned, sworn and impannelled immediately, or at any Time they may appoint, for the Trial of such Person or Persons, Fact or Facts, as they shall give in charge to such Jury, and to take and consider such Verdict as of the same force and effect as to the Matter given them in charge, as the Verdict of a Petty Jury in a Court of Oyer and Terminer and General Gaol Delivery, and shall pass their Judgment on such Case accordingly: Provided also, that the Execution of any Judgment of Conviction shall be suspended unless the Serjeant at Law, or Counsel learned in the Law, so presiding in such Court of Sessions of the Peace, shall agree with the Majority of the Justices of the Peace present at such Court; and in case such Serjeant at Law, or Counsel learned in the Law, should differ in Opinion from the Majority of the Justices present at such Court of Sessions of the Peace, he shall forthwith report the Case and the whole of the Evidence taken upon the same, together with his Opinion, to the Lord Lieutenant or other Chief Governor or Governors of Ireland for the time being, who is hereby empowered to give such Directions thereupon as he may think proper; and that, until the Directions of the Lord Lieutenant or other Chief Governor or Governors of Ireland for the time being shall have been received, the Prisoner shall remain in Custody: Provided always, that nothing herein contained shall extend to prevent the holding the General Sessions of the Peace in such County, in the usual manner, for discharging the ordinary Business thereof, at such Hours as the said Special Sessions shall not be sitting.

Person found unduly out of Place of Abode brought before Magistrates, if not out lawfully, deemed Idle, & c.

 VII.  And be it further enacted, That any Magistrate or Peace Officer may cause to be apprehended and committed any Person who shall, within any such County or District so proclaimed, be found in the Fields, Streets, Highways, or elsewhere out of his or her Dwelling or Place of Abode, at any Time from One Hour after Sunset until Sunrise; and such Person, being duly charged therewith on Oath as aforesaid, shall and may be brought before the said Special Sessions of the Peace, which shall inquire into the said Charge, and unless the Person accused can prove, to the Satisfaction of such Court, taking the Assistance of a Jury when and so far only as such Court shall require the same, that he or she was out of his or her House upon his or her lawful Occasions, such Person shall  be deemed an Idle and disorderly Person.

Justices, &c. may enter Houses

Absent Persons deemed Idle &c. unless they show the contrary

Justices to report Names of Persons authorized to make Search

  VIII.  And be it further enacted, That it shall and may be lawful for any Justice of the Peace, or any Person thereto authorized by the Warrant of any Justice of the Peace, at any Time from One Hour after Sunset until Sunrise, to demand Admission, and in case Admission shall be refused, or not obtained within a reasonable Time after it shall have been first demanded, to enter by Force into any House in any County or District so proclaimed as aforesaid, from which he shall suspect the Inhabitants, or any of them, to be the absent, and search therein, so as to discover whether the Inhabitants or Inmates, or any of them, be absent; and if the Inhabitants or Inmates, or any of them, be absent between the said Hours, any Magistrate or Peace Officer may cause to be apprehended and committed the Person or Persons so absent, who shall be brought before the said Court of Special Sessions as aforesaid, and shall be deemed idle and disorderly, unless he, she or they can prove to the Satisfaction of the said Court, with or without the Aid of a Jury as aforesaid, that he, she or they were absent on his, her or their lawful and proper Occasions: Provided as always, that such Justices of the Peace, authorizing and directing any Person or Persons to make such Search, shall make a true and faithful Report of the Names of all Persons so deputed to make such Search, and their Quality and Descriptions, to the Special Sessions, within the Space of Seven Days after such Search.

Persons administering or taking Oaths for seditious Purposes, & c. or not giving Information concerning the same, deemed idle and disorderly

Proviso against double Trials

 IX.  And be it further enacted, That every Person who shall administer or tender, or take or enter into any Oath or Engagement, importing to bind him or her to be of any Association, Brotherhood, Committee, Society or Confederacy whatsoever, in reality formed or to be formed for seditious Purposes, or to disturb the Public Peace, or to injure the Person or property of any Person or Persons whatsoever, or to do or to omit or refuse to do any Act or Acts whatsoever, under whatever Name, Description or Preference such Association, Brotherhood, Committee, Society or Confederacy shall assume or pretend to be formed or constituted, or any Oath or Engagement importing to bind the Person taking the same to obey the Orders or Rules or Commands of any Committee or other Body of Men not lawfully constituted or of any Captain, Leader or Commander not appointed by or under the Authority of His Majesty, His Heirs and Successors, or to assemble at the Desire or Command of any such Captain, Leader, Commander or Committee, or of any Person or Persons not having lawful Authority, or not to inform or give Evidence against any Brother Associate, Confederate or other Person, or not to reveal or discover his or her having taken any illegal Oath, or not to reveal or discover his or her having taken any Illegal Oath, or not to reveal or discover any illegal Act done or to be done, or not to discover any illegal Oath or Engagement which may be administered or tendered to him or her, or the Report thereof, whether such Oath shall be afterwards so administered or tendered or not, or whether he or she shall take such Oath, or enter into such Engagement or not, not being compelled thereto by inevitable Necessity, shall be deemed an idle and disorderly Person: Provided always, that if any Person accused of taking or entering into any such unlawful Oath or Engagement, shall have been tried for such Fact before such Court of Special Sessions of the Peace, in the mode prescribed by this Act, he, she or they shall not be liable to be tried again or questioned for the same Fact or Offence before any other Jurisdiction whatsoever.

Persons circulating Notices to excite Riots, & c. or demanding Money, & c. deemed idle and disorderly

 X.  And it be enacted, That if any Person shall within any proclaimed District, or within any County or Part whereof shall be so proclaimed, print, write, post, publish, circulate, send or deliver, or cause a brochure to be printed, written, posted, published, circulated, sent or delivered, any Notice, Letter or Message, exciting or tending to excite any Riot, tumultuous or unlawful Meeting or Assembly, or unlawful Combination or Confederacy, or threatening any Violence, Injury or Damage, upon any Condition, or in any Event or otherwise, to the Person or Property, Real or Personal, of any Person whatsoever, or demanding any Money, Arms, Weapons or Weapon, Ammunition, or other Matter or Thing whatsoever, every Person so offending shall be deemed and taken to be an idle and disorderly Person.

Persons having Arms, as herein mentioned, deemed idle and disorderly, unless they prove the contrary

 XI.  And it be enacted, That if any Justice of the Peace, or other Person authorized by the Warrant of such Justice, shall, in any such proclaimed District, find any Arms or Ammunition, or any Pike, Pike Head, Spear, Dirk or any other offence Weapon of any kind whatsoever, in the House or Power or Possession of any Person whatsoever, concealed or otherwise, after the Person or Persons inhabiting the said House, or the Person or Persons, who shall have the same so in his or her Possession, shall have been called upon to deliver up the same, any such Person shall be deemed an idle and disorderly Person, unless such Person shall prove to the Satisfaction of the Court of Special Sessions, that such Arms, Ammunition or offence Weapons as aforesaid, were in his, her or their House, Power or Possession, without his, her or their Knowledge, Privity or Consent.

Persons found unduly in Public Houses, deemed idle&c

 XII. And be it further enacted, That All Persons found assembled in any proclaimed District, in any House, licensed or unlicensed, in which Malt Liquors or Spirituous Liquors are sold, not being Inmates there of, or Travellers, after the Hours at Nine at Night and before Six in the Morning, shall be deemed idle and disorderly Persons.

So Persons tumultuously assembled.

 XIII. And be it enacted, That if in any District so as aforesaid proclaimed, any Persons shall unlawfully or tumultuously assemble in the Day time, such Persons, and every of them, shall be deemed idle and disorderly Persons.

Persons convicted of being idle, &c. transported for Seven Years.

 XIV.  And be it further enacted, That All Persons convicted of being such idle and disorderly Persons as aforesaid, shall be transported for Seven Years, by the Order, Judgment and Sentence of the said Court of Special Sessions of the Peace; and such Order, Judgment and Sentence shall be of the like force and effect, and shall be forthwith carried into execution , in the same manner in all respects as if the same had been the lawful Order, Judgment and Sentence of a Court of Oyer and Terminer and General Gaol Delivery.

Proceedings of Special Sessions not removed into King’s Bench & c.

 XV. And be it further enacted, That no Proceedings of the said Court of Special Sessions, or Judgment or Conviction had or pronounced by the said Court, shall be removed into His Majesty’s Court of King’s Bench, by any Writ of Certiorari or otherwise, or shall be examinable, quashed or reversed; but that the Judgment, so had or pronounced by the said Court, shall be final and conclusive to all Intents and Purposes whatsoever.

Persons adjudged to be transported, may be sent to any Gaol in Ireland.

 XVI. And be it further enacted, That it shall and may be lawful for the said Court, after adjudging any Person to be transported as aforesaid, immediately on such Adjudication to order and cause such Person so adjudged to be transmitted out of the County, if such Court shall think proper, to any other Gaol in Ireland, there to remain until he or they shall be removed and transported pursuant to the said Adjudication.