In the Exchequer. Affidavit to be annexed. A. B. of- in the county of and C. D. of in the county aforesaid, severally make oath and sayand first, this deponent A. B. for himself saith, that he is poor and indigent and much reduced in his circumstances, and that he receives relief as a pauper from the parish of ——, and that the petition hereto annexed is true in substance and in fact. And the said C. D. for himself saith, that he is one of the overseers of the poor of the said parish of, and that the said A. B. is very poor and indigent, and subsists, as this deponent verily believes, on the relief afforded him as a pauper by the said parish of RESCUE Is defined by Blackstone, 4 Com. c. 10, to be the forcibly and knowingly freeing another from arrest and imprisonment; and it is generally the same offence in a stranger so rescuing, as it would have been in a gaoler voluntarily suffering an escape; but here, as upon voluntary escapes, the principal must be first attainted or receive judgment, before the rescuer can be punished; for by possibility there may have been no offence committed. 1 Hales, P. C. 607. nevertheless, as the rescue is in contempt of some legal process the offender may be committed and punished according to the nature and degree of his offence. To hinder a person who has committed felony from being arrested is a misdemeanor only; but if rescued after arrest, and the arrest was for felony, the rescuer is a felon; if for treason, a traitor; and if for a trespass, fineable. Hales, pl. 116. 2 Haw. c. 21. but though the felony be not within clergy, yet the rescuing the offender is within clergy. 1 H. H. 599, 607. Commitment for a Rescue. To the Constable of in the county of in the county of in the county of—, to wit. Whereas A. B. of yeoman, and C. D. of in the county aforesaid, labourer, are this day brought before me S. P. Esq. one of His Majesty's justices of the peace in and for the said county, and charged on the oaths of E. F. and G. H. constables of, with having this day, at in the county aforesaid, unlawfully, riotously and against the king's peace rescued and set at large one J. K. committed to the custody of them the said constables to be conveyed to the common gaol of in the county of for a felony, by virtue of a warrant under the hand and seal of me the said justice, bearing date the day of instant. These are therefore to command you the said constables forthwith to convey and deliver into the custody of the keeper of the said gaol, the bodies of them the said A. B. and C. D. together with this my warrant. And also to command you the said keeper to receive the said A. B. and C. D. into your custody in the said gaol, and them there safely to keep until they shall be discharged therefrom by due course of law. Given under my hand and seal, at →→→→ in the said county, day of in the year of our Lord 1817. the RIOT, ROUT, &c. S. P. A riot is the forcibly doing an unlawful thing by three or more persons assembled together for that purpose. By the common law peace officers may suppress a riot, and may command all other persons to assist them, 1 Haw. c. 65, s. 11. and by stat. 34 Edw. III. c. 1, justices 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 1 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 any rioters be killed or hurt in dispersing or apprehending them, such person shall be indemnified. s. 3. Any persons, though under twelve 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, III. 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 with force pulling down, or beginning to pull down or demolish any building, goods or machinery, to suffer the like punishment. 8. 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. s. 4. Record of a Riot on view. to wit. 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 Be it remembered that on the 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 unlawful assembly, riot and rout aforesaid convicted; there to |
