This is a
translation of the
Loi (1797) sur les rassemblements tumultueux
(Chapter 08.800)
as in force on 1 January
2019 and repealed on 18 October 2024
This is not an
authoritative translation of the Law. Whilst it is believed to be correct, no warranty
is given that it is free of errors or omissions or that it is an accurate
translation of the French text. Accordingly, no liability is accepted for any
loss arising from its use.
Law (1797) on riotous assemblies
Regulation confirmed by Order of His Majesty in
Council dated 26 April 1797
Considering that many anonymous
and inflammatory writings tending to raise the hatred of the inhabitants of
this Island against the constituted authorities, to provoke them into sedition
and revolt, and to encourage them to massacre the Magistrates, and otherwise to
follow the example of the French people, have been for some time spread among
the public: Considering that many of these anonymous writings exhort the
populace to gatherings, and indicate the means to act together in order to put
into effect the horrible and bloodthirsty threats contained in these writings:
Considering that since these writings have appeared, there have been
arrangements made and some steps have even been taken, for illicit gatherings
and alarming meetings: and considering that the existing laws are not
sufficient to prevent, put down and punish effectively outrages which are so
dangerous to society:
THE States, with a view to
preserving order and public peace, and to protect the honest and peaceable
citizens from such a deadly disturbance of law and order, have judged it
necessary, in these urgent circumstances, to propose and adopt the following
Articles, to have the force of law in this land, and there to be observed,
subject to the sanction of His Most Excellent Majesty in Council.
Article 1
It is forbidden to all persons to
gather as a mob or to assemble together riotously, in numbers of 12 or more,
with a view to, or under the pretext of, considering, declaring or
representing, be it orally or in writing, any alleged grievance, under pain of
such gathering be declared unlawful. It is equally forbidden for anyone to
publish, announce, or declare, be it by publication, poster or public notice,
the assembly or gathering of people, for or on the pretext of considering,
declaring, or presenting any alleged grievance, on penalty of a fine for each
offender contravening this Article; without however prohibiting, preventing, or
restraining, in any way, the convening, holding and functions of public
assemblies, authorised by law or custom; also reserving the right of all
persons to present, in a suitable manner, to the constituted Authorities,
subjects which are within the jurisdiction of the said Authorities.
Article 2
If any Centenier is informed of
an unlawful gathering or assembly of people in his parish, he is authorised and
instructed to attend there without delay, and to proclaim, in the name of the
King, that those who have assembled or gathered there must retire immediately
and peacefully to their homes or to their legitimate occupations; and if half
an hour after such an order there remain 6 or more people together, the police
officer in such case is authorised and charged to seize and present the
offenders before the Court, and to this end to seek assistance, not only from
all police officers but from all other people, who if need be he judges fit to
call to his help; which people shall be obliged to give to the said police
officer all the help in their power, under penalty of such a fine, or such
imprisonment that the case will be found to merit. And each of those who shall
have continued to assemble, in spite of such an order, will be punished by a
term of banishment which shall not exceed a term of 5 years.
Article 3
If any Police Officer, or any
person acting on his orders, is opposed by force while carrying out the duties
prescribed in the preceding Article, whether in going to the place where such a
gathering or illegal assembly is taking place, or in carrying out such duties in
the very place of that meeting or assembly, or in seizing or after having
seized those refusing to obey the law, any person or persons who shall thus
have opposed the Police Officer, or any person acting on his orders, or those
who have been in attendance or assisted, shall be punished by banishment for a
term not exceeding 7 years, or by a more severe punishment, in the case where
such opposition is accompanied by any maltreatment or injury to the person of
the said Police Officer, or of any person acting on his orders, depending on
the nature of the offence.
Article 4
If any damage is done to the
house, property or possessions of an individual, by an illegal assembly or
gathering of persons, or by anyone among them, such damage, whatever it may be,
shall be made good at the expense of the Parish in which such damage has been
caused, which costs shall be a charge on the rate of the said Parish, the
recourse of the said Parish being against the property of the offenders.
Article 5
The fines imposed under these
Regulations shall be apportioned, one third to the King, one third to the
General Hospital, and one third to the poor of the Parish in which the offence
shall have been committed.