1G DONAGHMORE INQUIRY COMMISSION, 1867.
The names of as many as can be identified in the procession should lie ascertained and taken down as soon as possible.
If the parties really disperse on the proclamation being made, or within one quarter of an Horn after, the object of its being made having been attained, no further proceedings need be taken at the time; but the names or descriptions of the parties identified should be reported for further directions as to the proceedings against them, if it shall be deemed expedient.
If the parties forming the procession do not disperse in the time prescribed after the proclamation has been read, the Magistrates, with a view to proceeding on the summary powers of the third section may apprehend the parties offending, on the spot, either with or without a wan-ant; or if that course cannot conveniently be taken, an information may afterwards be exhibited, on which the Justice before whom it is exhibited, may issue his warrant to apprehend the accused.
It will not be necessary, in proceeding on the summary jurisdiction, to make up at the time a formal conviction; but the minutes of the evidence, in each case, should be carefully preserved.
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 then* most speedily and effectually to exercise this jurisdiction.
A more prompt course should he taken in the case of processions formed of greater numbers or having any arms.
The parties assembled are guilty of a misdemeanor 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, therefore, competent to any Magistrate at once to issue his Warrant on the spot, to apprehend 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 onee 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 parties who may remain assembled notwithstanding* these steps, should he 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 brouolit before the Magistrates for examination, when those who may be able to find sufficient security will be admitted to bail, those who may not, being committed to prison 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 Licence Act as above noticed, and to enforce them with vigilance.
