act of mutiny, or to make or endeavour to make any mutinous assembly, or to commit any traitorous or mutinous practice whatever.

1

ARTICLE 64.

ASSAULTS ON THE QUEEN.

Every one who does any of the acts hereinafter specified is guilty of a high misdemeanor, and is liable upon conviction thereof to be sentenced to seven years penal servitude, or to imprisonment with or without hard labour for any period not exceeding three years, and during the period of such imprisonment to be publicly or privately whipped as often (not exceeding thrice) and in such manner as the Court directs; that is to say,

(a.) Whoever wilfully and with intent to injure the person of the Queen or to alarm Her Majesty, or to break the public peace, or so as to endanger the public peace,

(i.) Points, aims, or presents at or near the person of the Queen any firearm, loaded or not, or any other kind of

arm; or

2

(ii.) Discharges at or near the person of the Queen any loaded arms; or

(iii.) Discharges or causes to be discharged any explosive material near the person of the Queen; or

3

(iv.) Strikes, or strikes at, the person of the Queen in 3 any manner whatever; or

(v.) Throws anything at or upon the person of the Queen; or

(vi.) Attempts to do any of the things specified in (ii.) (iii.), (iv.), or (v.) :—

(b.) Whoever produces or has near the person of the Queen

1 5 & 6 Vict. c. 51, ss. 1, 2 (redrawn). I have omitted a few manifestly superfluous words. Draft Code s. 80.

2 "Any gun, pistol, or any other description of firearms, or of other arms whatsoever."

3 "With any offensive weapon or in any other."

1

any arm or destructive or dangerous thing with intent to use the same to injure the person of the Queen or to alarm Her Majesty.

2

ARTICLE 65.

CONTEMPTS AGAINST THE QUEEN.

Every one commits a misdemeanor who is guilty of any contempt against the person of her Majesty, or her royal dignity, by means of any contumelious, insulting, or disparaging words, acts, or gestures.

ARTICLE 66.

SOLEMNISING OR ASSISTING AT MARRIAGE OF A MEMBER OF THE ROYAL FAMILY.

3 Every person commits a misdemeanor who knowingly or wilfully presumes to solemnize, or to assist, or to be present at the celebration of any marriage of any descendant of the body of King George the Second, male or female (other than the issue of princesses married into foreign families), or at his or her making any matrimonial contract without the consent specified in 12 Geo. 3, c. 11.

Every person committing such a misdemeanor is put out of the Queen's protection. His lands, tenements, goods, and chattels are forfeited to the Queen, and he is to be imprisoned for life (perhaps, at the Queen's pleasure).

1 "Any gun, pistol, or any other description of firearms, or of other arms whatsoever."

2 I have taken the words of the 7th Rep. C. C. L. Art. 2, ch. ii. s. 2, founded on Hawkins, P. C. bk. i. ch. vi., which contains much obsolete and even more indefinite and undefinable matter. See, too, 6th Rep. C. C. Art. 44, and note. Hawkins treats contempts against the judges of the King's Courts under this head. Contempt of Court seems to me hardly to be a branch of the criminal law. 3 12 Geo. 3, c. 11. The punishment is præmunire, as explained by Coke, 1 Inst. 130 a; see 7th Rep. C. C. L. p. 37.

CHAPTER VII.

AFFRAYS, UNLAWFUL ASSEMBLIES, ROUTS, RIOTS, TUMULTUOUS PETITIONING AND UNLAWFUL DRILLING.

ARTICLE 67.

SENDING CHALLENGES AND PROVOKING TO FIGHT.

EVERY one commits a misdemeanor who

(a.) Challenges any other person to fight a duel; or, (b.) 2 Endeavours by words, or by writings, to provoke any other person to challenge the offender or to commit a breach of the peace.

ARTICLE 68.

GOING ARMED SO AS TO CAUSE FEAR.

3 Every one commits a misdemeanor who goes armed in public, without lawful occasion, in such a manner as to alarm the public.

4

ARTICLE 69.

AFFRAY.

An affray is the fighting of two or more persons in a public place to the terror of Her Majesty's subjects. Every affray is a misdemeanor.

ARTICLE 70.

UNLAWFUL ASSEMBLY.

An unlawful assembly is an assembly of three or more persons:

13 Inst. 158; 1 Russ. Cr. 418; Draft Code, s. 97.

2 R. v. Phillips, 6 East, 463. It appears from the judgment in this case (pp. 470-5) that the offence defined in clause (b.) is only a special illustration of the general law as to incitement.

32 Edw. 3, c. 3, paraphrased with reference to the explanations given in 1 Hawk. P. C. 488-9.

3 Inst. 158; 1 Russ. Cr. 406; Draft Code, s. 96.

5 Brook's Abt. "Riot"; Viner's Abt. "Riot"; Lambarde, ch. v. 172-184; Dalton, pp. 310-14; 1 Hawk. P. C. 513-16. See also Report of Criminal Code Commission of 1879, p. 20, and Draft Code, ss. 84, 86.

(a.) With intent to commit a crime by open force; or (b.) With intent to carry out any common purpose, lawful or unlawful, in such a manner as to give firm and courageous persons in the neighbourhood of such assembly reasonable grounds to apprehend a breach of the peace in consequence

of it.

Every unlawful assembly is a misdemeanor.

1

Illustrations.

(a.) 1 Sixteen persons meet for the purpose of going out to commit the offence of being by night, unlawfully, upon land, armed in pursuit of game. This is an unlawful assembly.

(b.) 2 A, B, and C meet for the purpose of concerting an indictable fraud. This, though a conspiracy, is not an unlawful assembly.

3

(c.) A, B, and C having met for a lawful purpose, quarrel and fight. This (though an affray) is not an unlawful assembly.

(d.) A large number of persons hold a meeting to consider a petition to parliament lawful in itself; but they assemble in such numbers, with such a show of force and organization, and when assembled make use of such language as to lead persons of ordinary firmness and courage in the neighbourhood to apprehend a breach of the peace. This is an unlawful assembly.

ARTICLE 71.

ROUTS.

5 A rout is an unlawful assembly which has made a motion towards the execution of the common purpose of the persons

assembled.

ARTICLE 72.

RIOTS.

5 A riot is an unlawful assembly which has actually begun to execute the purpose for which it assembled, by a breach of the peace, and to the terror of the public; or

6 A lawful assembly may become a riot if the persons

1 R. v. Broadribb, 6 C. & P. 571. The meeting in this case was in a private house.

Redford v. Birley, 3 Starkie, N. P. 107-8; R. v. Vincent, 9 C. & P. 91. 5 See note to Article 70. Draft Code, ss. 85, 87.

Founded on the language of Holt, C.J., in R. v. Soley, 11 Modern, 116.

E

assembled form and proceed to execute an unlawful purpose to the terror of the people, although they had not that purpose when they assembled.

Every person convicted of riot is liable to be sentenced to hard labour.

Illustration.

A, B, and C met at A's house for the purpose of beating D, who lives a mile off. They then go together to D and there beat him. At A's house the meeting is an unlawful assembly, on the road it is a rout, and when the attack is made upon D, it is a riot.

ARTICLE 73.

PREVENTING READING PROCLAMATION AND CONTINUING TO RIOT

AFTER PROCLAMATION.

2 Whenever twelve persons or more are unlawfully, riotously, and tumultuously assembled together, to the disturbance of the public peace, 3 it is the duty of the justices of the peace, and the sheriff and under-sheriff of the county, or of the mayor, bailiffs, or other head officers, or justices of the peace of a city or town corporate, to resort to the place where such assembly is, and among the rioters, or as near to them as the person making the proclamation can safely come, with a loud voice command or cause to be commanded silence to be, and then openly and with loud voice make or cause to be made a proclamation in these words or like in effect:

4

"Our Sovereign Lady the Queen chargeth and com"mandeth all persons being assembled immediately to dis'perse themselves, and peaceably to depart to their habita"tions, or to their lawful business, upon the pains contained "in the Act made in the first year of King George for "preventing tumultuous and riotous assemblies. God save "the Queen."

13 Geo. 4, c. 114.

2 1 Geo. 1, st. 2, c. 5, ss. 1, 2, 3 (redrawn). Draft Code, ss. 88, 9.

Actual riot is not necessary. R. v. James, 5 C. & P. 153.

The omission of "God save the Queen" defeats the effect of the proclamation.

R. v. Child, 4 C. & P. 442.