Abbildungen der Seite
PDF
EPUB

alone, is most comprehensive, and if it is to be taken literally, or if there are no other provisions in either of the Codes which must be considered in its interpretation, it would necessarily follow that, even though the offense of disorderly conduct still exists, the police justice, on a conviction for such an offense, would have no authority to order the prisoner to give security for good behavior. Matter of McMahon, 64 How., 287; 1 N. Y. Cr., 60.

This section is in that part of the Code which relates to the prevention of crime, and when it says that security to keep the peace, or to be of good behavior, cannot be required except as prescribed in this chapter, it means security to keep the peace and to be of good behavior as to the crimes specified in that chapter. Matter of McMahon, 64 How., 288; 1 N. Y. Cr., 60.

Police magistrates have the same power to commit persons convicted of disorderly conduct in default of bail, as they possessed before the passage of the Code of Criminal Procedure. Matter of McMahon, 1 N. Y. Cr., 60; 64 How.. 285.

See People v. Boyle, 2 N. Y. Cr., 54.

CHAPTER III.

POLICE IN CITIES AND VILLAGES, AND THEIR ATTENDANCE AT EXPOSED PLACES.

SECTION 100. Organization and regulation of the police.

101. Force 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 mayor 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 abet

tors.

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

insurrection.

116. May call out the militia.

117. May revoke the proclamation.

§ 102. Power 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 abettors, to be punished according to law.

See Section 457 of Penal Code.

§ 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.

§ 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 command, is guilty of a misdemeanor.

See Section 456 of Penal Code.

§ 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, 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, 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.

§ 108. Consequence, of refusal to aid the magistrates or offcers. If a person so commanded to aid the magistrates or offi

cers, 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 one hundred and six, neglects to proceed to the place of the assembly, or ast 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 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 at torney 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 insurrec

tion.

§ 116. May call out the militia.-After the proclamation mentioned in the last section, the governor may order into the serv ice 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 JUSTICES 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 sufficiency 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 Section 723 of Penal Code; Section 1, Art. 6, of State Constitution.

§ 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 court, to be served on the defendant, not less than twenty days before the day fixed for the meeting of the court.

§ 120. Service how made.-The service must be upon the defendant personally, or if he cannot, upon diligent inquiry, be found in the state, the court, upon proof of that fact, may order publication to be made in such manner as it deems proper, of a notice requiring him to appear at a specified time and place, and answer the articles of impeachment.

§ 121. Proceedings, if defendant do not appear.-If the defendant do not appear, the court, upon proof of service or publica tion as provided in the last two sections, may of its own motion, or for cause shown, assign another day or place for hearing the

« ZurückWeiter »