The Criminal Code Act 1899 - Ozcase Queensland Historical Legal ...

46 SS. 62-64 CRIMINAL CODE
An assembly of three or more persons who assemble for the purpose
of protecting the house of any one of them against persons threatening
to break and enter the house in order to commit an indictable offence
therein is not an unlawful assembly.
When an unlawful assembly has begun to act in so tumultuous a
manner as to disturb the peace, the assembly is called a riot, and the
persons assernbled are said to be riotously assembled.
em$ of ~~~~~~~ A ~ ~ Any ~ person ~ ~ who ~ takes y part . in an
unlawful assembly is guilty of a misdemeanour, and is liable to imprisonment
for one year.
The offender may be, and it is hereby declared that he always was
liable to be, arrested without warrant.
As amended by Amendment Act of 1939, 3 Geo. 6 No. 28, s. 3.
io$. Any person who takes part in a riot is guilty of
a m~sdemea~our, and is liable to imprisonment with hard labour for three
years.
The offender may be, and it is hereby declared that he always was
liable to be, arrested without warrant.
As amended by Amendment Act of 1939, 3 Geo. G No. 28, s. 3.
to
enever any persons, to the number of twelve or more, are
assembled together, it is the duty of some one of the following persons,
that is to say, the sheriff or under-s~~eriff or a justice of the peace, or, if the
assembly is in a municipality, the mayor, to go amongst them, or as near
as he can safely come to them, and to command or cause to be
co~~anded with a loud voice that silence be kept while the proclamation
next hereinafter mentioned is made, and then openly and with a loud
voice to make proclamation, or cause proclamation to be made, in these
words or to the like effect:
Our Sovereign Lady the Queen charges and commands all
persons here assembled immediately to disperse themselves and
peaceably to depart to their habitations or to their lawful business,
or they will be guilty of a crime, and will be liable to be imprisoned
and kept to hard labour for life. Cod Save the Queen!
Any person who wilfully and knowingly, and by force, opposes,
obstructs, or hurts, any person who goes to make, or begins to make, any
such proclamation, and thereby prevents the proclamation from being
made, is guilty of a crime,
Any persons who, being so assembled, co~tinue together to the
number of twelve or more, and do not disperse themselves within the
space of an hour after the making of the proclamation, are guilty of a
crime.
When the making of the proclamation is prevented, any persons
who, being so assembled, and to whom the proclamation would or ought
to have been made if the making thereof had not been SO prevented, and
who, knowing of such prevention, continue together to the number of
twelve or more, and do not disperse themselves within the space of an
hour after the time of such prevention, are guilty of a crime.
Any person who commits any of the crimes defined in this section
is liable to imprisonment with hard labour for life, with or without solitary
confinement.