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suppress a riot, apd may command all other persons to assist them, i Haw. 6.65, s. 11. and by stat. 34 Edw. 111. c. 1, justioes of the peace may restrain rioters and arrest them, and cause them to be imprisoned. By the construction of this statute, one justice may not only arrest offenders and bind them over to their good behaviour, but may imprison them if they do not offer good bail; he may also-authorize others to arrest them by verbal command without any other warrant, and by force thereof the person so required, may pursue and take the offenders in his absence.--He may also issue his warrant to arrest the offenders after the riot is over, and may commit them to prison till they find sureties for their good behaviour. Ibid. s. 16. but one justice cannot record a riot on view, or take inquisition thereof after it is over.
If the rioters are above twelve in number, the power of justices is extended by i Geo. st. 2, c. 5, called the Riot Act.—Those who wilfully oppose any person making proclamation to disperse, or if twelve or more continue together after such proclamation is made, they shall be guilty of felony without benefit of clergy. s. 1, 5. and every justice or other peace officer, or persons of age and ability commanded by them to assist, may apprehend offenders and carry them before a justice, to be proceeded against according to law; and if
rioters be killed or hurt in dispersing or apprehending them, such person shall be indemnified. s. 3. Any
persons, though under twelye in number, unlawfully demolishing, or beginning to demolish any church, chapel or other place of religious worship, or any dwelling house, barn, stable or out-house, shall be guilty of felony without benefit of clergy. S. 4. and one justice may proceed against them as against other felons.
By 13 Hen. IV. c. 7, any two justices with the sheriff or under sheriff, may come with the posse comitatus, if necessary, and suppress a riot, and record the circumstances, which record shall be a sufficient conviction of the offenders; if the rioters are departed, the justices shall make enquiry within a month afterwards, and hear and determine the same.-Rioters convicted on the view of two justices and the sheriff, may be fined; and the statute requires that the sheriff should join in assessing the fine. Raym. 386.-Where riots are committed, the sheriff, on precept directed to him, shall return 24 persons within the district to enquire thereof. 19 Hen. VII. C. 13. and the riot being found by the inqnisition, the justices shall make a record thereof in writing, which is to remain with one of the justices. Dalt. c. 82.
By 52 Geo. 111. c. 130, persons wilfully destroying any building, or any engine used in any manufactory, shall, on conviction, be deemed guilty of felony and suffer death. s. 1. and persons tumultuously assembling, and withi force pulling down, or beginning to pull down or demolish any building,
goods or machinery, to suffer the like punishment. S. 2. the value of buildings, engines, machinery, &c. to be recovered as under Geo. I. c. 5, but no per son shall recover such damage, unless he or his servants give notice within two days, to some of the inhabitants near the place where the fact is committed; and shall also depose on oath, within four days, before a justice, as to his or their knowledge of the party offending; and if the offender is known, then the justice to take recognizance to prosecute. Hundred not liable to an action for damages, unless brought within one year. 8. 4.
Record of a Riot on view. to wit. Be it remembered that on the day of
in the 57th year of the reign of &c. we, J.C. and S. P. Esqrs. two of the justices of our said Lord the King assigned to keep the peace in the said county, and J. P. Esq. sheriff of the said county, on the complaint and at the request of A. B. of - in the county aforesaid, Esq. in our proper persons have come to the mansion house of him the said A. B, at - aforesaid, and then and there do find C.D. of yeoman; E. F. of , yeoman; G. H. of -- yeoman, and other malefactors and disturbers of the peace of our said Lord the King, to us unknown, in a warlike manner arrayed; to wit, with clubs, swords and guns, unlawfully, riotously and routously assembled, and the same house besetting, many evils against him the said A. B. threatening, to the great disturbance of the peace of our said Lord the King and terror of his people, and against the form of the statute in that case made and provided; and therefore we the aforesaid J. C. and S. P. and J. P. the aforesaid C. D. E. F. and G. H. do then and there cause to be arrested, and to the next gaol of our said Lord the King in the county aforesaid to be conveyed, by our view and record of the anlawful assembly, riot and rout aforesaid convicted; there to
remain every and each of them respectively, until they shall severally and respectively have paid to our said Lord the King the several sums of £10. each, which we do impose upon them and every of them separately for their said offence. In testimony whereof to this our present record we do put our seals, Dated at - aforesaid, the day and year aforesaid.
J. C. S. P. J. P.
Commitment of Rioters on view.
go to the
to wit. J. C. and S. P. Esquires, two of the justices of our said Lord the King assigned to keep the peace within the said county, and J. P. Esq. sheriff of the said county, to the keeper of the gaol of our said Lord the King, at in the said county, and to his deputy and deputies there, and to every of them, greeting.
Whereas upon complaint made unto us by A. B. of gentleman, we did this present
day of house of the said A. B. at aforesaid, and there did see C. D. of — yeoman; E. F. of_yeoman, and G. H. of
-, yeoman, and other malefactors to us unknown, assembled together in an unlawful, riotous and routous manner, to the terror of the people and against the peace of our said Lord the King, and against the form of the statute in that case made and provided; we do therefore send you, by the bringers hereof, the bodies of the said C. D. E. F. and G. H. convicted of the said siot, rout and unlawful assembly, by our own view, testimony and record, commanding you in the name of our said Lord the King, to receive them into the said gaol, and them and every of them respectively there safely to keep until they and every of them shall respectively pay to our said Lord the King the several respective sums of - each, which we have set and imposed upon threm and each and every of them separately for the said offence.
Given under our hands and seals, at i aforesaid in the county aforesaid, the day and year aforesaid.
J. C. S. P. J. P.
Precept to summon a Jury. to wit. J. C. and S.P. Esquires, two of the justices of our Lord the King assigned to keep the peace in the county aforesaid, and also to hear and determine divers felonies, tres. passes and other misdemeanors in the said county committed, to the sheriff of the said county greeting. On the behalf of our said Lord the King, we command you that you cause to come before us, at in the county aforesaid, on the day of next ensuing, twenty-four honest and lawful men of the county aforesaid, every one of which to have lands and tenements within the said county, of the yearly value of 20s. of charter land or of freehold, or 26s. and 8d. of copyhold, or both, over and above all charges, to enquire for our said Lord the King, and for our indemnity in this behalf, upon their oath of certain riots, routs and unlawful assemblies, at — in the county aforesaid lately committed, as it is said, and that you return upon every person, so by you to be impannelled, 20s. of issues at the aforesaid day, to be by them respectively forfeited, if they shall not appear and be sworn to enquire of the premises, at the same time and place; and this you shall in no wise omit on pain of £20.
Given under our hands and seals, at aforesaid, the day of, in the 57th year of the reign of George III, &c.
You shall true enquiry and presentment make of all such things as shall come before you, concerning a riot, rout and unlawful assembly, said to bave been lately committed at - in this county; you shall spare no one for favour or affection, nor grieve any one for hatred or ill will; but proceed herein according to the best of your knowledge, and according to the evidence that shall be given to you. So help
The oath which your foreman bath taken on his part, you and every of you shall well and truly observe and keep on your parts.-So help you God.