security, he may be discharged by any two justices of the peace of the county, or police or special justices of the city, upon giving the security. Id. § 6. § 92. Undertaking, to be transmitted to county court. An undertaking given as provided in section eighty-nine, must be transmitted by the magistrate to the next term of the county court of the county. § 93. Security, when required, for assault, etc., in presence of a court or magistrate. A person, who, in the presence of a court or magistrate, assaults or threatens to assault another, or to commit a crime against his person or property, or who contends with another in angry words, may be thereupon ordered by the court or magistrate, to give security as provided in section 89, or if he refuses to do so, may be committed as provided in section 90. Id. § 8. of § 94. Appearance of party bound, upon his undertaking. A person who has entered into an undertaking to keep the peace, must appear on the first day of the next term of the county court the county. If he do not, the court may forfeit his undertaking, and order it to be prosecuted, unless his default be excused. Id. § 9. § 95. Persons bound, may be discharged, if complainant does not appear. If the complainant do not appear, the person complained of may be discharged, unless good cause to the contrary be shown. R. S. 999, § 10. 96. Proceedings in sessions, on appearance of both parties. If both parties appear, the court may hear their proofs and allegations, and may either discharge the undertaking, or require a new one, for a time not exceeding one year. Id. § 97. Undertaking, when broken. An undertaking to keep the peace is broken, on the failure of the person complained of to appear at the county court as provided in section 94, or upon his being convicted of any crimes involving a breach of the peace. § 98. Undertaking, when and how to be prosecuted. Upon the district attorney producing evidence of such conviction to the county court to which the undertaking is returned, that court must order the undertaking to be prosecuted; and the district attorney must thereupon commence an action upon it in the name of the people of this state. Id. § 12. § 99. Security for the peace not required except according to this chapter. Security to keep the peace, or be of good behavior, cannot be required, except as prescribed in this chapter. Id. § 14. CHAPTER IIL POLICE IN CITIES AND VILLAGES, AND THEIR ATTENDANCE T EXPOSED PLACES. SECTION 100. Organization and regulation of the police. 101. Forced to preserve the peace, at public meetings, when and how ordered. § 100. Organization and regulation of the police. The organization and regulation of the police in the cities and villages of this state are governed by special statutes. § 101. Force to preserve the peace at public meetings, when and how ordered. The mayo. or other officer having the direction of the police in a city or village, must order a force, sufficient to preserve the peace, to attend any public meeting, when he is satisfied that a breach of the peace is to be apprehended. CHAPTER IV. PREVENTION AND SUPPRESSION OF RIOTS. SECTION 102. Powers of sheriff, or other officer, in overcoming resistance to process. 103. His duty to certify to court the names of resisters and their abettors. 104. Duty of a person commanded to aid the officer. 105. When governor to order out a military force to aid in executing process. 106. Magistrates and officers to command rioters to disperse. 107. To arrest rioters, if they do not disperse. 108. Consequences of refusal to aid the magistrates or officers. 109. Consequences of neglect or refusal of a magistrate or officer to act. 110. Proceedings, if rioters do not disperse. 111. Officers who may order out the military. 112. Commanding officer and troops to obey the order. 113. Armed force to obey orders. 114. Conduct of the troops. 115. Governor may, in certain cases, proclaim a county in a state of insur rection. 116. May call out the militia. 117. May revoke the proclamation. § 102. Powers of sheriff or other officer, in overcoming resistance to process. When a sheriff or other public officer, authorized to execute process, has reason to apprehend that resistance is about to be made to the execution of the process, he may command as many male inhabitants of his county as he thinks proper, and any military company or companies in the county, armed and equipped, to assist him in overcoming the resistance, and if necessary, in seizing, arresting and confining the resisters and their aiders and abet. tors, to be punished according to law. 3 R. S. 726, § 103, as amended. 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. Id. § 104. § 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 102, who, without lawful cause, refuses or neglects to obey the command, is guilty of a misdemeanor. Id. § 106. 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 neces sary. Id. § 106. 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, village 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, immedi ately 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. § 108. Consequences of refusal to aid the magistrates or officers. If a person so commanded to aid the magistrates or officers, neglect 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 106, neglects to proceed to the place of the assembly, or as near thereto as he can with safety, and to exerc se the authority with which he is invested for suppressing the same and arresting the offenders, he is guilty of a misde meanor. § 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 106, 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 troop-), 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 requited must appear at the time and place appointed, armed and equipped with ammunition as for inspec tion, 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 111. § 114. Conduct of the troops. Every endeavor must be used, both by the magistrates and civil officers, and by the officer 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. 3 R. S. 126, § 107. § 116. May call out the militia. 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 115, 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 THEIR CLERKS. |