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ASSEMBLY, UNLAWFUL

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Originally appearing in Volume V02, Page 779 of the 1911 Encyclopedia Britannica.
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ASSEMBLY, UNLAWFUL , the See also:term used in See also:English See also:law for an assembly of three or more persons with See also:intent to commit a See also:crime by force, or to carry out a See also:common purpose (whether lawful or unlawful), in such a manner or in such circumstances as would in the See also:opinion of See also:firm and rational men endanger the public See also:peace or create fear of immediate danger to the tranquillity of the neighbourhood. In the See also:Year See also:Book of the third year of See also: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 See also:Commission, 1879) that legislation first became necessary at a See also:time when it was usual for those landed proprietors who were on See also:bad terms with one another to go to See also:market at the See also:head of bands of armed retainers (See also:Statute of See also:Northampton, 1328, 2 Edw. III. c. 3). An assembly, otherwise lawful, is not made unlawful if those who take See also:part in it know beforehand that there will probably be organized opposition to it, and that it may cause a See also: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 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] See also:Act 1887). Meetings for training or drilling, or military movements, are unlawful assemblies unless held under lawful authority from the See also:crown, the See also:lord-See also:lieutenant, or two justices of the peace (Unlawful Drilling Act 1820, s.

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

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 (q.v.). All three offences are misdemeanours in English law, punishable by See also:fine and imprisonment. The common law as to unlawful assembly extends to Ireland, subject to the See also:special legislation referred to under the See also:title RIOT. The law of See also:Scotland includes unlawful assembly under the same head as rioting. See also:British Dominions Abroad.—The law of the British colonies as a See also:general See also:rule as to unlawful assemblies follows the common law of See also:England. The See also:definitions in the Criminal Codes of See also:Canada (1892, s. 79) and See also:Queensland (1899, s. 61) are substantially the smut as the common-law See also:definition above given. Under the See also:Indian Penal Code (s. 141) an assembly of five or more persons is designated an unlawful assembly if the common See also: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 of See also:India, or the government of any See also:presidency or any lieutenant-See also:governor, or any public servant in the exercise of the lawful See also:power of such public servant; (2) to resist the See also:execution of any law or of any legal See also:process; (3) to commit any See also:mischief or" criminal trespass " or other offence; (4) by means of criminal force or show of criminal force to any See also:person, to take or obtain See also:possession of any See also:property, or to deprive any person of the enjoyment of a right of way, or of the use of See also: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 to do, or to omit to do what he is legally entitled to do (see See also:Mayne, Ind. Cr.

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

South See also:Africa and See also:Mauritius the law on this subject is derived from the See also:Roman Dutch and See also:French law (see RIOT.) See also: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 Penal Code (s. 451) declares that whenever three or more persons being assembled See also: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, Amer. Crim. Law, 8th ed., 1892, vol. i. s. 534, vol. ii. S. 1256).

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