power of the county in a proper case, in executing an order of arrest in an action in which a sheriff is a party. Slater v. Wood, 9 Bosw. 16.

The mere fact that the officer, at the time of summoning the power of the county, had not proper cause for so doing, does not relieve the persons s'mmoned, from the duty of obeying. Slater v. Wood, 9 Bosw. 16.

What are sufficient grounds for summoning assistance. Id. 46.

However, a person acting in aid of an officer, and by his commandment in overcoming resistance to the execution of a process is a trespasser, if the officer is not justified by the process. Elder v. Morrison, 10 Wend. 137; Oystead v. Shed, 12 Mass. 511.

The bystander obeys at his peril. If the officer has authority to do the act for the doing of which aid is required, the bystander is bound to obey and is justi fied; and if he refuses or neglects, is guilty of a misdemeanor. Elder v. Mor rison, 10 Wend. 137; Leonard v. Stacey, 6 Mod. 140.

103. His duty to certify to court the names of resisters and their abettors.-The officer must certify to the court from which the process issued the names of the resisters and their aiders and abettors, to the end that they may be proceeded against for contempt.

8 104. Duty of a person commanded to aid the officer.Every person commanded by a public officer to assist him in the execution of process, as provided in section one hundred and two, who, without lawful cause, refuses or neglects to obey the com. mand, is guilty of a misdemeanor.

See Penal Code, § 456.

The bystander, however, obeys at his peril. If the officer has authority to do the act for the doing of which aid is required, the bystander is bound to obey and is justified; and if he refuses or neglects, he is guilty of a misdemeanor. Elder v. Morrison, 10 Wend. 137; Coyles v. Hurtin, 10 Johns. 85; Slater v. Wood, 9 Bosw. 16.

§ 105. When governor to order out a military force to aid in executing process. If it appear to the governor that the power of the county is not sufficient to enable the sheriff to execute process delivered to him, he must, on the application of the sheriff, order such a military force from any other county or counties as is necessary.

§ 106. Magistrates and officers to command rioters to disperse. When persons, to the number of five or more, armed with dangerous weapons, or to the number of ten or more, whether armed or not, are unlawfully or riotously assembled in a city, vil

lage or town, the sheriff of the county and his under sheriff and deputies, the mayor and aldermen of the city, or the supervisor of the town, or president or chief executive officer of the village, and the justices of the peace or the police justices of the city, village or town, or such of them as can forthwith be collected, must go among the persons assembled and command them, in the name of the people of the state, immediately to disperse.

107. To arrest rioters, if they do not disperse.— If the persons assembled do not immediately disperse, the magistrates and officers must arrest them, or cause them to be arrested, that they may be punished according to law; and for that purpose, may command the aid of all persons present or within the county. To convict of a riot it must be shown that defendant took an active part; mere presence not enough. Scott's Case, 2 C. H. Rec. 25; Rodman's Case, id. 88.

It requires, however, no previous design or preconcert. People v. Ferris, 4 Hall L. J. 209.

If a crowd of three or more persons make an attack upon another with a preconcerted intent to commit an assault upon him, they are guilty of riot. People v. White, 55 Barb. 606; Rodman's Case, 2 C. H. Rec. 88.

108. Consequences of refusal to aid the magistrates or officers. If a person so commanded to aid the magistrates or officers, neglects to do so, he is deemed one of the rioters, and is punishable accordingly.

$109. Consequences of neglect or refusal of a magistrate or officer to act. If a magistrate or officer having notice. of an unlawful or riotous assembly, mentioned in section one hundred and six, neglects to proceed to the place of the assembly, or as near thereto as he can with safety, and to exercise the authority with which he is invested for suppressing the same and arresting the offenders, he is guilty of a misdemeanor.

$110. Proceedings, if rioters do not disperse. If the persons assembled, and commanded to disperse, do not immediately disperse, any two of the magistrates or officers mentioned in section one hundred and six, may command the aid of a sufficient number of persons, and may proceed in such manner as in their judgment is necessary, to disperse the assembly and arrest the offenders.

§ 111. Officers who may order out the military.-When there is an unlawful or riotous assembly, with intent to commit a felony, or to offer violence to person or property, or to resist by force the laws of the state, and the fact is made to appear to the governor, or to a judge of the supreme court, or to a county judge, or to the sheriff of the county, or to the mayor, recorder or city judge of a city, either of those officers may issue an order directed to the commanding officer of a division, brigade, regiment, battalion or company, to order his command, or any part of it (describing the kind and number of troops), to appear at a specified time and place to aid the civil authorities in suppressing violence and enforcing the law.

§ 112. Commanding officer and troops to obey the order. The commanding officer, to whom the order is given, must forthwith obey it; and the troops required must appear at the time and place appointed, armed and equipped with ammunition as for inspection, and render such aid.

§ 113. Armed force to obey orders. When an armed force is called out for the purpose of suppressing an unlawful or riotous assembly, it must obey the orders in relation thereto, of either of the officers mentioned in section one hundred and eleven.

§ 114. Conduct of the troops. - Every endeavor must be used, both by the magistrates and civil officers, and by the office commanding the troops, which can be made consistently with the preservation of life, to induce or force the rioters to disperse, before an attack is made upon them by which their lives may be endangered.

§ 115. Governor may, in certain cases, proclaim a county in a state of insurrection. When the governor is satisfied that the execution of civil or criminal process has been forcibly resisted in any county, by bodies of men, or that combinations to resist the execution of process by force exist in any county, and that the power of the county has been exerted, and has not been sufficient to enable the officer having the process to execute it, he may, on the application of the officer, or of the district attorney or county judge of the county, by proclamation to be published in the state paper, and in such papers in the

county as he may direct, declare the county to be in a state of. insurrection.

§ 116. After proclamation.— After the proclamation mentioned in the last section, the governor may order into the service of the state such number and description of volunteer or uniform companies, or other militia of the state, as he deems necessary, to serve for such term, and under the command of such officer or officers as he may direct.

§ 117. May revoke the proclamation. The governor, when he thinks proper, may revoke the proclamation authorized by section one hundred and fifteen, or declare that it shall cease, at the time and in the manner directed by him.

PART III.

OF JUDICIAL PROCEEDINGS FOR THE REMOVAL OF PUBLIC OFFICERS, BY IMPEACHMENT OR OTHERWISE.

TITLE I. OF IMPEACHMENTS.

II. OF THE REMOVAL OF JUSTICES OF THE PEACE, POLICE
JUSTICES, AND JUSTICE OF JUSTICES' COURTS AND THEIR

CLERKS.

TITLE I.

OF IMPEACHMENTS.

SECTION 118. Impeachment to be delivered to president of the senate. 119. Copy of impeachment served on defendant.

120. Service, how made.

121. Proceedings, if defendant do not appear.

122. Defendant may object to deficiency of, or deny impeachment.

123. Form of objection or denial.

124. Proceedings thereon.

125. Two-thirds necessary to conviction.

126. Judgment on conviction, how pronounced.

127. Adoption of resolution.

128. Nature of the judgment.

129. Officer, when impeached, disqualified to act until acquitted.

130. Presiding officer, when president of the senate is impeached. 131. Impeachment, not a bar to indictment.

§ 118. Impeachment to be delivered to president of the senate. When an officer of the state is impeached by the assembly, the articles of impeachment must be delivered to the president of the senate.

See Penal Code, § 723; State Const., art. VI, § 1.

An associate judge may deliver an opinion. A presiding judge is liable for preventing his associate from delivering his opinion. Addison's Trial, 114, 151; S. C., 4 Dall., 225; Porter's Trial, 61. See, also, Barnard's Trial.

§ 119. Copy of impeachment served on defendant. The president of the senate must thereupon cause a copy of the articles of impeachment, with a notice to appear and answer the same, at the time and place appointed for the meeting of the