ABSTRACT OF THE IRISH "SUPPRESSION" BILL,
AS IT PASSED THE HOUSE OF LORDS.
Preamble-A conspiracy exists in certain parts of Ireland against property and the administration of the laws, causing such general alarm as to frustrate the ordinary modes of criminal proceedings. Divers meetings inconsistent with the public peace have been lately held, as the laws now in force are not sufficient to suppress such mis- chiefs.
Section 1. The Lord-Lieutenant may, by order, prohibit or-suppress the meeting of any assembly deemed by him to be dangerous to the public safety, or inconsistent with the due administration of the law ; and may suppress any adjourned or continued meeting of the same. Every meeting so prohibited shall be deemed an unlawful assem- bly, and every person present shall be deemed guilty of a misdemeanour.
2. Two Justices empowered, upon being refused admission, to enter by force any house or place where any prohibited assembly is held, and there read a notice to the persons so assembled, to disperse. Persons so assembled, and not dispersing within a quarter of an hour from the reading of such notice, may be apprehended then or after- wards, and, upon conviction, imprisoned three months for the first offence, and one year for any subsequent offence. 3. Persons prosecuted by indictment To plead forthwith. 4. The Lord-Lieutenant may issue his proclamation, declaring any county, &c. to be so disturbed as to require the application of tins law ; and such county shall be . deemed a proclaimed district.
5. Such proclamation shall warn the inhabitants to abstain from seditious and other unlawful assemblies, Sec.; and to continue in their houses between sunset and sunrise.
6. Every county, &e. so proclaimed shall be a proclaimed district within the Act, from the publishirigeof the preclamation within such district.
7. All Justices, constables, &e. and all commissioned officers in Ireland, and any other persons authorized by the LorclLieutenant, are required to put down and sup- press disturbances and outrages in the proclaimed district ; and to search for, arrest, and bring to trial offenders. B. The Dublin Gazette to be conclusive evidence of the issuing of- the proclamation therein contained.
9. No meeting allowed, in a proclaimed district, for petitioning Parliament, or for discussing any alleged grievance, or any matter in Church or State, without a previous written notice of' ten days, specifying the object of the meeting, given to the Lord-Lieu- tenant, and his consent obtained. Meetings lint without such notice are' consent, de- clared to be illegal assemblies, and every person attending to be guilty of a misde- meanour.
10. The Lord-Lieutenant, or any person authorized by him, may commission officers of the army in Ireland, not being under the degree of field-officers, to hold courts- martial for trial of offences within this Act.
11. Courts-martial so constituted to consist of not less than five nor more than nine; and to have all the powers of courts-martial and of comes of oyer and termincr, gaol delivery, 8m. The members of the court must have attained the age of te enty-one, and have served two years in the Army. President not to be under rank t f field-officer. Counsel allowed to examine and cross-examiue witnesses as in courts of law. 12. The Lord-Lieutenant shall nominate a Serge:ad-at-Law or King's counsel to act at such court-martial. who shall perform the duties of a Judge-Advocate, 8m. 13. Sets forth the oath to betaken by members of the court.
14. Lortl-Lieutenant, or person authorized by him, may order persons charged with offences hereinaftermentioned to be tried before such courts-martial, and Fentence, when confirmed, to be carried into execution.
15. Such courts-martial may issue orders for bringing before them persons charged With offences under this Act, or for carrying into effect their sentences; tad all Justices, Sheriffs. &c. shall execute the same.
16. Courts-martial may compel the attendance of witnesses, and commit in case of - refusal to give evidence. 17. Any person liable to be prosecuted within any proclaimed district for any offence against 27 George III., e. 15(1.). 50 George III. e. 102, mid I rind 2 William IV. e. 44, or 2 and 3 William IV. c. 118, or for' any offence against this Act, may be tried by such courts-martial. Courts-martial. being directed by Loid-Lieatenant, may try capital offences, and sentence to transportation for lire or for a term not less than seven years ; but not to impose the penalty of whipping. 1$. Any Megistrate, peace-officer, or other peeson authorized by the Lord-Lieu- tenant, may commit to prisou any one Maud out of his house in the preelaimed district from one hour after sunset to sunrise, who may be tried before any such court-martial, and if convicted sled' be deemed guilty of a tnisdemeanonr.
19. AnyJustiee, or any person with warrant of justice. accompanied by a commissioned officer or chief constable, may, from one hour after sunset to STIIIIiSC, (Iceland admis- sioa into any house or other building in a proclaimed distriet ; nil,' if entrance is refused, may enter, by force, any house from which lie suspects the inhabitants are absent, anci may search for them, or for arms, weapons, &e. l'ersons absent shah be deemed guilty of a misdemeanour, unless tiler prove some lawful occasion of absence.
20. le on search, arms are found, and the person inhabiting the house, or having possession of the arms, has been called upon to deliver them up, such person shall be deemed guilty of a misdemeanour, and punishable by a court-martial, unless lie make it appear that the arms were there without his knowledge. 21. Any person selling or circulating auy seditious paper in a proclaimed district shall be deemed guilty of a misdemeanonr, and liable to imprisonment (for not more than twelve months), unless he discover by whom he was so employed.
22. Every person who shall injure the property or person of any one who has ap- peared as juror, witness, or prosecutOr, or ter the purpose of any prosecution or civil proceeding, or who, by menaces or otherwise, shall deter any one from appearing as a juror, witness, &e. or otherwise, shall be triable for such offence, if committed within any proclaimed district. by a court-martial, and on conviction be liable to transporta- tion for seven or fourteen years.
23. Proviso as to offences punishable with death under any law now in force.
24. Persons making or aiding in the making of' any beacon, bonfire, or other signal, or in ringing the bells of any church or chapel, or in any manner giving intimation to persons enraged in any assembly against the provisions hereof, or giving notice to or calling any persons to assemble together, to the endangering of the public peace, shall, be deemedl guilty of' a misdemeanour. Every such offence committed within a pro- claimed district, to be cognizable by a court-martial; in any other district, by course of common law.
25. Upon trial of any person for the making of any such signal, 8ce., the proof that such signal was not so made, shall he upon the person so charged.
26. Nothing done iu pursuance of this Act in any proc:aimed district to be question- able in any civil or criminal court : all officers and soldiers acting in pursuance of such power or authority shall be responsible only to courts-martial.
27. In the case of any person arrested tinder this Act, the person to whom the war- rant is directed may detain him in any place within Ireland, and the place where hots detained shall be deemed a lawful gaol fur his detention. The Lord-Lieutenant or chief Secretary, or any commanding officer, or person authorized by the Lord-Lieuteuant,maye by warrant, change from time to time the place of' safe custody.
28. Provided that copies of such warrants shall be transmitted to the Clerk of the Crown, and by him 29. Persons knowingly swearing falsely, in giving evidence before any court under this Act, shall be liable to all penalties of corrupt perjury.
30. In ease of a Habeas Corpus sued out within three calendar months by a person detained in custody under the powers of this Act, it shall be a sufficient return that the person so detained is cletaiDed by virtue of this Act. 31. Offences nieler tliN Act not bailable. Persons arrested to be hie:eight to trial within three calendar months. .• 32. Hard labour may be addeml to imprisonment for certain offences.
33. Magistrates of next adjacent counties may execuie this Act within counties of cities (except in Dublin), and magistrates of counties of cities may t eecute it in adja- cent counties.
34. Powers given by this Act to Magistrates of counties are given also to magistrates of counties of towns or of cities.
35. Actions against persons for any thing done under this Act, not within a pro- claimed district, shall be commenced within three months after the act complained of was committed. The person sued may plead the general issue. 36. In ease of verdict for the defendant, the Judge may certify that time
w act com- plained of as done by virtue of this Act, and tire defendant, n that case, shall be al- lowed his treble costs.
37. In case of verdict for the plaintiff in action for false imprisonment, on entering a house, if it appear to the Judge that there was probable cause for so doing, and lie certifies accordingly. the plaintiff shall recover only sixpence damages, and not the costs of suit; but plaintiffshall recover treble costs if the Judge certify the'act to be malicious.
38. The Lord-Lieutenant may by proclamation revoke any former proclamation. 39. Nothing in this Act shall be construed to take away or annul the prerogative of the Crown to appoint courts-martial, or to resort to the exercise of martial law, or to any powers given by law fcr the suppression of insurrection. 40. This Act to continue in force till 1st August 1834,
41. The revocation of any proclamation, or expiration of this Act, not to annul or suspend any senteece passed under th's Act.