Unlawful Oaths (Ireland) Act, 1823

UNLAWFUL OATHS (IRELAND) ACT 1823

CHAPTER LXXXVII.

An Act to amend and render more effectual the Provisions of an Act made in the Fiftieth Year of His late Majesty’s Reign, for preventing the administering and taking unlawful Oaths in Ireland. [18th July 1823.]

[Preamble recites 50 Geo. 3. c. 102.]

Societies in Ireland shall be deemed unlawful, the members of which are required to take oaths declared unlawful by 50 Geo. 3. c. 102., &c.;

as also societies having members whose names are kept secret, &c.

All members, &c. of such societies shall be deemed guilty of unlawful combination.

[1.] Any and every society, association, brotherhood, committee, lodge, club, or confederacy whatsoever, now established or hereafter to be established in Ireland, of the nature herein-after described, shall be and be deemed and taken to be and is hereby declared to be an unlawful combination and confederacy; that is to say, any and every society, association, brotherhood, committee, lodge, club, or confederacy, the members whereof shall, according to the rules thereof or to any provision or agreement for that purpose, be required or admitted or permitted to take any oath or engagement which shall be an unlawful oath or engagement within the intent and meaning of the said recited Act of the fiftieth year of his late Majesty’s reign, or to take any oath not required or authorized by law; and any and every society, association, brotherhood, committee, lodge, club, or confederacy, the members whereof or any of them shall take or in any manner bind themselves by any such oath or engagement upon becoming or in consequence of being members of such society, association, brotherhood, committee, lodge, club, or confederacy; and any and every society, association, brotherhood, committee, lodge, club, or confederacy, the members whereof shall take, subscribe, or assent to any test or declaration not required by law; and any and every society, association, brotherhood, lodge, club, or confederacy, of which the names of the members or any of them shall be kept secret from the society at large, or which shall have any committee or select body chosen or appointed in such manner that the members constituting the same may not be known by the society at large to be members of such committee or select body, or which shall have any president, treasurer, secretary, delegate, or other officer, chosen or appointed in such manner that the election or appointment of such persons to such offices may not be known to the society at large, or of which 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, shall not be 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; and all such societies, associations, brotherhoods, committees, lodges, clubs, and confederacies as aforesaid are hereby declared to be unlawful combinations and confederacies; and every person who shall become a member of any such society, association, brotherhood, committee, lodge, club, or confederacy as aforesaid; and every person who shall, directly or indirectly maintain correspondence or intercourse with any such society, association, brotherhood, committee, lodge, club, or confederacy, or with any division, branch, lodge, committee, or other select body, president, treasurer, secretary, delegate, or other officer or member thereof as such, or who shall, by contribution of money or otherwise, aid, abet, or support any such society, association, brotherhood, committee, lodge, club, or confederacy, or any member or officer thereof as such, shall be deemed guilty of an unlawful combination and confederacy.

This Act not to extend to declarations of societies, if approved by two justices, and registered with clerk of the peace.

2. Provided always, that nothing herein contained shall extend to any declaration to be taken, subscribed, or assented to by the members of any society, in case the form of such declaration shall have been first approved and subscribed by two or more of his Majesty’s justices of the peace for the county, county of a city, county of a town or place, where such society shall ordinarily assemble, and shall have been registered with the clerk of the peace or his deputy for such county, county of a city, county of a town, or place, for which there shall be paid a fee of one shilling and no more; but that such approbation of the justices as aforesaid shall remain valid and effectual no longer than until the next general session for such county, county of a city, county of a town or place, unless the same shall, on application made by the parties concerned, be confirmed by the major part of the justices present at such general session; and if the same shall not be then and there so confirmed, the provisions of this Act shall from thenceforth extend to such declaration, and to all societies or persons subscribing the same, in so far as may relate to all acts which may be done by them or any of them subsequent to the holding of such general session.

Offenders may be proceeded against before two justices or by indictment.

Persons convicted before justices may be imprisoned for three months or fined 20l.

Offenders convicted on indictment may be transported for seven years, or imprisoned for two years with hard labour.

3. Every person who shall, in breach of any of the provisions thereof, be guilty of any such unlawful combination and confederacy as in this Act is described, shall and may be proceeded against for such offence in a summary way, either before any two justices of the peace for the county, county of a city, or county of a town, or place, where such person shall happen to be, or by indictment, to be preferred in the county, county of a city, or county of a town, or place in Ireland, wherein such offence shall be committed; and every person being convicted of any such offence, on the oath of one or more credible witness or witnesses, by such justices as aforesaid, shall be by them committed to the common gaol or house of correction for such county, county of a city, or county of a town, or place, there to remain without bail or mainprize for the term of three calendar months, or shall be by such justices adjudged to forfeit and pay the sum of twenty pounds British currency, as to such justices shall seem meet; and in case such sum of money shall not be forthwith paid into the hands of such justices, they shall, by warrant under their hands and seals, cause the same to be levied by distress and sale of the offender’s goods and chattels, together with all costs and charges attending such distress and sale, and for want of sufficient distress shall commit such offender to the common gaol or house of correction of such county, county of a city, or county of a town, or place as aforesaid, for any time not exceeding three calendar months; and every person convicted of any such offence upon indictment by due course of law shall and may be transported for the term of seven years, in the manner provided by law for transportation of offenders, or shall and may be sentenced to imprisonment with hard labour, and shall be imprisoned for any time not exceeding two years, as the court before whom such offender shall be tried shall think fit; and every such offender who shall be ordered to be transported or imprisoned shall be subject and liable to all laws concerning offenders ordered to be transported or imprisoned.

Justices may mitigate punishment.

4. Provided always, that it shall be lawful for the justices of the peace, by or before whom any person shall in pursuance of this Act be convicted of any unlawful combination or confederacy, and such justices are hereby authorized and empowered (if they shall see cause so to do), to mitigate and lessen the punishment herein-before directed to be inflicted upon any offender against this Act so convicted as aforesaid, so as such punishment be not thereby reduced to less than one third of the punishment hereby directed to be inflicted as aforesaid, whether such punishment shall be by imprisonment or fine.

Persons prosecuted before justices or indicted under this Act, not liable to other prosecution.

5. Provided also, that any person who shall be prosecuted before any justices of the peace in a summary way for any offence against this Act, and shall be convicted or acquitted by such justices, shall not afterwards be prosecuted or be liable to be prosecuted by indictment or otherwise for the same offence; and so in like manner any person who shall be convicted or acquitted upon any indictment for any offence against this Act, shall not afterwards be prosecuted or be liable to be prosecuted before any justices of the peace in a summary way for the same offence.

Offenders may be indicted as heretofore, if not prosecuted under this Act.

6. Provided also, that nothing in this Act contained shall extend to prevent any prosecution by indictment or otherwise, for any thing which shall be an offence within the intent and meaning of this Act, and which might have been so prosecuted if this Act had not been made, unless the offender shall have been prosecuted for such offence under this Act, and convicted or acquitted of such offence; . . .

Penalty on persons permitting meetings of unlawful societies in their houses.

7. If any person shall knowingly permit any meeting of any society hereby declared to be an unlawful combination or confederacy, or of any division, branch, or committee of such society, to be held in his or her house or apartment, such person shall for the first offence forfeit the sum of five pounds, to be recovered in like manner as any other penalty under this Act, and shall, for any such offence committed after the date of his or her conviction for such first offence, be deemed guilty of an unlawful combination and confederacy in breach of this Act.

Application of penalties.

8. All pecuniary penalties imposed by this Act shall be applied and disposed of in manner following; that is to say, one moiety thereof to the informer, and the other moiety thereof to his Majesty, his heirs and successors.

[S. 9 rep. 36 & 37 Vict. c. 91. (S.L.R.)]

Limitation of actions, &c.

Double costs.

10. Every action and suit which shall be brought or commenced against any justice or justices of the peace, constable, peace officer, or other person or persons, for any thing done or acted in pursuance of this Act, shall be commenced within three calendar months next after the fact committed, and not afterwards; and the venue in every such action or suit shall be laid in the proper county where the fact was committed, and not elsewhere; and the defendant or defendants in every such suit or action shall and may plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon [Rep. 36 & 37 Vict. c. 91. (S.L.R.)]; and if such action or suit shall be brought or commenced after the time limited for bringing the same, or the venue shall be laid in any other place than as aforesaid, then the jury shall find a verdict for the defendant or defendants; and in such case, or if the jury shall find a verdict for the defendant or defendants upon the merits, or if the plaintiff or plaintiffs shall become nonsuit, or discontinue his, her, or their action after appearance, or if upon demurrer judgment shall be given against the plaintiff or plaintiffs, the defendant or defendants shall have double costs, which he or they shall and may recover in such and in the same manner as any defendant can by law in other cases. [Rep. 5 & 6 Vict. c. 97. s. 2].

[S. 11 rep. 36 & 37 Vict. c. 91. (S.L.R.)]