PROCESSIONS ACT, &c.
3 It is desirable that, in every case admitting its application, the summary power given by the third section of the Act should be put in force, and with the utmost possible expedition ; and the magistrates should make such arrangements for their meeting and acting in concert as will enable them most speedily and effectually to exercise this jurisdiction.
A more prompt course should be taken in the case of processions forme d of greater numbers, or having any arms.
The parties assembled are guilty of a misdemeanour under the first section of the Act; the assembly is unlawful, and every person engaged in it is liable to prosecution by indictment.
It is, tht-refore, competent to any magistrate at once to issue bis wairant on the spot, to apprehtnd them, or any of them, with a view to their being made amenable to justice.
Those with arms, or carrying banners or other emblems, or drums, should in such cases be at once arrested ; the order to disperse should then be read to the others, and if the assembly show any sign of resistance, the Riot Act should be read also.
The parlies who may remain assembled, notwithstanding these steps, should be arrested if possible on the spot, and all the persons so apprehended should be dealt with as in ordinary cases; being detained in custody until brought before the magistrate for examiÂ¬ nation, when those who may be able to find suffit ient security will be admitted to bail, those who may not, being committed to piison for trial at the next assizes.
It should also be the duty of the justices and chief constables to warn all licensed retailers of spirits in their respective districts of the provisions contained in the Spirit License Act, as above noticed, and to enforce them with vigilance.
The Act 23 & 24 Vict.
141, enlarges the provisions of the 13 Vict.
The ofl'ences under that statute are the publicly exhibiting or displaying, or the wilfully permitting to be publicly exhibited or displayed, upon any building or place any banner, flag, or party emblem, or symbol; or the publicly meeting and parading with other persons; or the playing of any music, or discharging any cannon or fire-arms in any public street, road, or place.
In Older to constitute an offence, all the above acts mu4 be done wilfully and knowingly, in such a manner as may be calculated or tend to provoke animosity between the different classes of Her Majesty's subjects, and lead to a breach cf the peace.
The observations made as to offences under the Act 13 Vict.
2, apply to offences under this Act, and a similar course should be adopted.
If banners, flags, party emblems, or symbols be exhibited on buildings or houses, it isthe duty of the magistrate, upon an information being sworn that such exh bitiou is likely to lead to a breach of the peace, to issue his warrant authotising the constable to enter such building or place, and to lemove and detain the banner, flag, or party emblem, 01 symbol.
Without such sworn information, no house or building should be entered against the consent of the occupier.
Constabulary Office, Dublin Castle, (Submitted.)
2 March 1865.
In pursuance of the Order of the House of Commons, dated 23d February 1865, I annex copies of Circular Orders and Instructions issued to the ConstabuÂ¬ lary in eacb year, from 1860 to 1864, both inclusive, relative to the "Party Processions Act."
In doing so, I would remark that prior to, as well as since the passing of the 23 & 24 Vict.
141, it has been customary to recall the attention of the conÂ¬ stabulary from time to time to the law relating to party processions, in order to the enforcement of its provisions against such as could be identified as offending against the statute.
Copies of Instructions issued to the Constabulary in Ireland relative to the
Processions Act, between 1860 and 1864, both inclusive.
On the 1st May 1860, the revised Code of Regulations was Issued for the guidance of the constabulary generally, from which the following is an extract:â€”
Party Processions and Demonstrations.
The attention of the constabulary is directed to the provisions of the Barty Processions Act, 13 Vict.
2, an extract from which will be found in Appendix, No.