UNLAWFUL See also:

• UNLAWFUL ASSEMBLY

ASSEMBLY  , the See also:

• TERM

term used in See also:

• ENGLISH

English See also:

• LAW
• LAW (0. Eng. lagu, M. Eng. lawe; from an old Teutonic root lag, " lie," what lies fixed or evenly; cf. Lat. lex, Fr. loi)
• LAW, JOHN (1671—1729)
• LAW, WILLIAM (1686-1761)

law for an See also:

• ASSEMBLY, UNLAWFUL

assembly of three or more persons with See also:

• INTENT (from Lat. intend ere, to stretch out, extend, particularly in the phrase intendere animum, to turn one's mind to, purpose)

intent to commit a See also:

• CRIME (Lat. crimen, accusation)

crime by force, or to carry out a See also:

• COMMON

common purpose (whether lawful or unlawful), in such a manner or in such circumstances as would in the See also:

• OPINION (Lat. opinio, from opinari, to think)

opinion of See also:

• FIRM

firm and rational men endanger the public See also:

• PEACE
• PEACE, BREACH OF THE

peace or create fear of immediate danger to the tranquillity of the neighbourhood . In the See also:

• YEAR

Year See also:

• BOOK

Book of the third year of See also:

• HENRY
• HENRY (1129-1195)
• HENRY (c. 1108-1139)
• HENRY (c. 1174–1216)
• HENRY (Fr. Henri; Span. Enrique; Ger. Heinrich; Mid. H. Ger. Heinrich and Heimrich; O.H.G. Haimi- or Heimirih, i.e. " prince, or chief of the house," from O.H.G. heim, the Eng. home, and rih, Goth. reiks; compare Lat. rex " king "—" rich," therefore " mig
• HENRY, EDWARD LAMSON (1841– )
• HENRY, JAMES (1798-1876)
• HENRY, JOSEPH (1797-1878)
• HENRY, MATTHEW (1662-1714)
• HENRY, PATRICK (1736–1799)
• HENRY, PRINCE OF BATTENBERG (1858-1896)
• HENRY, ROBERT (1718-1790)
• HENRY, VICTOR (1850– )
• HENRY, WILLIAM (1795-1836)

Henry VII.'s reign assemblies were referred to as not punishable unless in terrorcm populi domini regis . It has been suggested (Criminal See also:

• CODE (Lat. codex)

Code See also:

• COMMISSION (from Lat. commissio, committere)

Commission, 1879) that legislation first became necessary at a See also:

• TIME (0. Eng. Lima, cf. Icel. timi, Swed. timme, hour, Dan. time; from the root also seen in " tide," properly the time of between the flow and ebb of the sea, cf. O. Eng. getidan, to happen, " even-tide," &c.; it is not directly related to Lat. tempus)
• TIME, MEASUREMENT OF
• TIME, STANDARD

time when it was usual for those landed proprietors who were on See also:

• BAD, BCD

bad terms with one another to go to See also:

• MARKET (Lat. mercatus, trade or place of trade)

market at the See also:

• HEAD (in 0. Eng. heafad; the word is common to Teutonic languages; cf. Dutch hoofd, Ger. Haupt, generally taken to be in origin connected with Lat. caput, Gr. KerbOvi7)
• HEAD, SIR EDMUND WALKER, BART
• HEAD, SIR FRANCIS BOND, BART

head of bands of armed retainers (See also:

• STATUTE

Statute of See also:

• NORTHAMPTON
• NORTHAMPTON, ASSIZE OF
• NORTHAMPTON, EARLS AND MARQUESSES OF

Northampton, 1328, 2 Edw . III. c . 3) . An assembly, otherwise lawful, is not made unlawful if those who take See also:

• PART

part in it know beforehand that there will probably be organized opposition to it, and that it may cause a See also:

• BREACH (Mid. Eng. breche, derived from the common Teutonic root brec, which appears in " break," Ger. brechen, &c.)

breach of the peace (Beatty v . Gillbanks, 1882, 9 Q . B . D . 308) . All persons may, and must if called upon to do so, assist in dispersing an unlawful assembly (Redford v . Birley, 1822, I St .

Tr. n.s.1215; R. v . Pinney, 1831, 3 St . Tr. n.s . 1x) . An assembly which is lawful cannot be rendered unlawful byproclamation unless the See also:

• PROCLAMATION (Lat. proclamare, to make public by announcement)

proclamation is one authorized by statute (R. v . Fursey, 1833, 3 St . Tr. n.s . 543, 567; R.v .. O'Connell, 1831, 2 St . Tr. n.s . 629, 656; see also the Prevention of Crimes [See also:

• IRELAND
• IRELAND, CHURCH
• IRELAND, CHURCH OF
• IRELAND, JOHN (1761-1842)
• IRELAND, JOHN (1838- )
• IRELAND, WILLIAM HENRY (1777-1835)

Ireland] See also:

• ACT (Lat. actus, actum)

Act 1887) . Meetings for training or drilling, or military movements, are unlawful assemblies unless held under lawful authority from the See also:

• CROWN

crown, the See also:

• LORD
• LORD (O. Eng. hldford, i.e. hldfweard, the warder or keeper of bread, hlIf, loaf; the word is not represented in any other Teutonic language)
• LORD, JOHN (1810-1894)

lord-See also:

• LIEUTENANT

lieutenant, or two justices of the peace (Unlawful Drilling Act 1820, s .

11) . An unlawful assembly which has made a See also:

• MOTION (Lat. motio, from movere, to move)
• MOTION, LAWS OF

motion towards its common purpose is termed a rout, and if the unlawful assembly should proceed to carry out its purpose, e.g. begin to demolish a particular enclosure, it becomes a See also:

• RIOT (0. Fr. riote, of uncertain etymology)

riot (q.v.) . All three offences are misdemeanours in English law, punishable by See also:

• FINE

fine and imprisonment . The common law as to unlawful assembly extends to Ireland, subject to the See also:

• SPECIAL

special legislation referred to under the See also:

• TITLE (0. Fr. title, mod. titre, from Lat. titulus)

title RIOT . The law of See also:

• SCOTLAND
• SCOTLAND, CHURCH OF
• SCOTLAND, EPISCOPAL CHURCH OF

Scotland includes unlawful assembly under the same head as rioting . See also:

• BRITISH

British Dominions Abroad.—The law of the British colonies as a See also:

• GENERAL
• GENERAL (Lat. generalis, of or relating to a genus, kind or class)

general See also:

• RULE

rule as to unlawful assemblies follows the common law of See also:

• ENGLAND
• ENGLAND, THE CHURCH OF

England . The See also:

• DEFINITIONS

definitions in the Criminal Codes of See also:

• CANADA

Canada (1892, s . 79) and See also:

• QUEENSLAND

Queensland (1899, s . 61) are substantially the smut as the common-law See also:

• DEFINITION (Lat. definitio, from de-finire, to set limits to, describe)

definition above given . Under the See also:

• INDIAN

Indian Penal Code (s . 141) an assembly of five or more persons is designated an unlawful assembly if the common See also:

• OBJECT

object of the persons composing that assembly is—(1) to overawe by criminal force, or show of criminal force, the legislative or executive See also:

• GOVERNMENT
• GOVERNMENT (0. Fr. governement, mod. gouvernement, O. Fr. governer, mod. gouverner, from Lat. gubernare, to steer a ship, guide, rule; cf. Gr. xv(3epvav)

government of See also:

• INDIA
• INDIA, FRENCH

India, or the government of any See also:

• PRESIDENCY

presidency or any lieutenant-See also:

• GOVERNOR (from the Fr. gouverneur, from gouverner, O. Fr. governer, Lat. gubernare, to steer a ship, to direct, guide)

governor, or any public servant in the exercise of the lawful See also:

• POWER [WILLIAM GRATTAN] TYRONE (1797-1841)

power of such public servant; (2) to resist the See also:

• EXECUTION (from Lat. ex-sequor, exsecutus, follow or carry out)

execution of any law or of any legal See also:

• PROCESS

process; (3) to commit any See also:

• MISCHIEF

mischief or" criminal trespass " or other offence; (4) by means of criminal force or show of criminal force to any See also:

• PERSON, OFFENCES AGAINST THE

person, to take or obtain See also:

• POSSESSION
• POSSESSION (Lat. possessio, possidere, to possess)

possession of any See also:

• PROPERTY

property, or to deprive any person of the enjoyment of a right of way, or of the use of See also:

• WATER

water, or other corporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or (5) by means of criminal force or show of criminal force, to compel any person to do what he is not legally See also:

• BOUND, or BOUNDARY (from O. Fr. bonde, Med. Lat. bodena or butina, a frontier line)

bound to do, or to omit to do what he is legally entitled to do (see See also:

• MAYNE, JASPER (1604-1672)

Mayne, Ind . Cr .

Law, ed . 1896, p . 480) . In See also:

• SOUTH
• SOUTH, ROBERT (1634–1716)

South See also:

• AFRICA
• AFRICA, ROMAN

Africa and See also:

• MAURITIUS

Mauritius the law on this subject is derived from the See also:

• ROMAN

Roman Dutch and See also:

• FRENCH
• FRENCH, DANIEL CHESTER (1850– )
• FRENCH, NICHOLAS (1604-1678)

French law (see RIOT.) See also:

• UNITED

United States.—The common-law definition of unlawful assembly is accepted in the United States subject to the special legislation of the constituent states . The New See also:

• YORK
• YORK (HOUSE OF)
• YORK, EDMUND OF LANGLEY, DUKE OF (1341-1402)
• YORK, EDWARD
• YORK, FREDERICK AUGUSTUS, DUKE OF (1763-1827)
• YORK, RICHARD, DUKE

York Penal Code (s . 451) declares that whenever three or more persons being assembled See also:

• ATTEMPT (Lat. adtemptare, attentare, to try)

attempt or threaten any act tending towards a breach of the peace or injury to person or property, or any unlawful act, such assembly is unlawful (see See also:

• BISHOP (A.S. bisceop, from Lat. episcopus, Gr. irio-Korros, " overlooker " or " overseer ")
• BISHOP, ISABELLA (1832-1904)
• BISHOP, SIR HENRY ROWLEY (1786-1855)

Bishop, Amer . Crim . Law, 8th ed., 1892, vol. i. s . 534, vol. ii . S . 1256) .