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exercise the authority with which he is invested for suppressing the same and arresting the offenders, he is guilty of a misdemeanor.

76-52-9. Disturbing neighborhood quiet.—Every person who maliciously and willfully disturbs the peace or quiet of any neighborhood, family or person by loud or unusual noise, or by discharging firearms, or by tumultuous or offensive conduct, or by threatening, quarreling, challenging to fight or fighting, is punishable by a fine not exceeding $200 or by imprisonment in the county jail not exceeding two months, or by both such fine and imprisonment.

76-52-10. Members of assembly severally guilty.-If two or more persons assemble for the purpose of disturbing the public peace or committing any unlawful act, and do not disperse on being commanded so to do by a public officer, the persons so offending are severally guilty of a misdemeanor.

VERMONT STATUTES ANNOTATED, TITLE 13 § 901. Duties of officers

A justice, municipal judge, sheriff, deputy sheriff or constable having notice or knowledge of the unlawful, tumultuous or riotous assemblage of three or more persons within his jurisdiction, among or as near as he can safely come to such rioters, shall command them in the name of the state of Vermont immediately and peaceably to disperse. If after such command such rioters do not disperse, such officer or magistrate and such other person as he commands to assist him shall apprehend and forthwith take them before a justice or a municipal court.

HISTORY

Source. V.S. 1947, $ 8450. P.L. $ 8585. 1933, No. 157, § 8228. G.L. $ 6990. 1908, No. 62. P.S. $ 5863. V.S. $ 5036. R.L. 8 4221. G.S. 116, $$ 2, 3. R.S. 98, $$ 2, 3. 1821, pp. 8, 9. R. 1797, p. 183, $$ 15, 16. R. 1787, pp. 132, 133. $ 902. Rioters refusing to disperse

Persons so unlawfully and riotously assembled who, after proclamation made, do not immediately disperse, and persons unlawfully and riotously assembled to the number of three or more who do an unlawful act against a man's person or property or against the public interest, and persons present at the place of an unlawful or riotous assemblage who, when commanded by a magistrate or officer to assist him or to leave the place of such riotous assemblage, fails so to do, shall each be imprisoned not more than six months or fined not more than $100.00, or both.

Source. V.S. 1947, § 8451. P.L. $ 8586. G.L. $ 6991. P.S. $ 5864. V.S. $ 5037. R.L. $ 5037. R.L. § 4222. G.S. 116, $$ 4, 5. R.S. 98, $$ 4, 5. 1821, p. 8. R. 1797, p. 183, § 15. R. 1787, p. 132, $ 903. Hindering officer

A person who, with force and arms, wilfully and knowingly obstructs or in any manner hinders or hurts a person attempting to make proclamation against a riot, shall be punished as provided in section 902 of this title. Persons riotously assembled to whom proclamation would be made if the same were not hindered, who having knowledge of such hindrance do not immediately disperse, shall be imprisoned not more than six months or fined not more than $100.00.

Source. V.S. 1947, § 8452. P.L. § 8587. G.L. $ 6992. P.S. $ 5865. V.S. $ 5038. R.L. $ 4223. G.S. 116, $$ 8, 9. R.S. 98, $S 8, 9. 1821, p. 10. R. 1797, p. 184, § 18. R. 1787, p. 134. $ 904. Officer killing resisting rioter, not liable

Officers, and persons assisting them, in lawfully dispersing or apprehending such rioters, shall not be liable in a civil or criminal proceeding if a rioter, by reason of his resistance, is killed or injured.

Source. V.S. 1947, § 8453, P.L. $ 8588. G.L. $ 6993. P.S. $ 5866. V.S. $ 5039. R. L. $ 4224. G.S. 116, § 6. R.S. 98, § 6. 1821, p. 10. R. 1797, p. 184, § 17. R. 1787,

p. 133.

$ 905. Rioters injuring building or vessel

Persons riotously assembled who destroy or injure a dwelling house or other building, steamboat or vessel shall each be imprisoned in the state prison not

more than five years and fined not more than $1,000.00 and be answerable to the person injured for the damages in an action of tort.

Source. V.S. 1947, $ 8454. P.L. $ 8589. G.L. 8 6994. P.S. $ 5867. V.S. & 5040 R.L. $ 4225. G.S. 116, § 7. R.S. 98, § 7.

CODE OF VIRGINIA $ 18.1–247. Suppression of riots.-All judges and justices of the peace may suppress riots, routs, and unlawful assemblies within their jurisdiction. And it shall be the duty of each of them to go among, or as near as may be with safety to, persons riotously, tumultuously, or unlawfully assembled, and in the name of the law command them to disperse; and if they shall not thereupon immediately and peacefully disperse, such judge or justice of the peace giving the command, and any other present, shall command the assistance of all persons present, and of the sheriff or sergeant of the county or corporation, with his posse, if need be, in arresting and securing those so assembled. If any person present, on being required to give his assistance depart or fail to obey, he shall be deemed a rioter. (Code 1950, $ 18-124; 1960, c. 358.)

$ 18.1-248. Persons arrested therefor to be committed on failure to give bail.-If a person be arrested for a riot, rout, or unlawful assembly, the judge or justice of the peace ordering the arrest, or any other justice, shall commit him to jail, unless he shall enter into recognizance, with sufficient surety, to appear before the court having jurisdiction of the offense, at its next term, to answer therefor, and in the meantime to be of good behavior and keep the peace. (Code 1950, § 18-125; 1960, c. 358.)

$ 18.1–249. Judge or justice failing in his duty; how punished.- If any judge or justice of the peace have notice of a riotous, tumultuous, or unlawful assembly, in the county or corporation in which he resides, and fail to proceed immediately to the place of such assembly, or as near as he may safely, or fail to exercise his authority for suppressing it and arresting the offenders, he may be fined not exceeding one hundred dollars. (Code 1950, § 18-126; 1960, c. 358.)

$ 18.1-250. If persons disobey order of judge or justice to disperse, he may require assistance.-If any person, engaged in such assembly, being commanded as aforesaid to disperse, fail to do so without delay, any such judge or justice of the peace may require the aid of a sufficient number of persons, in arms or otherwise, and proceed, in such manner as he may deem expedient, to disperse and suppress such assembly, and arrest and secure those engaged in it. (Code 1950, $ 18-127; 1960, c. 358.)

$ 18.1-251. Death of person during riot.-- If, by any means taken under authority of this chapter to disperse any such assembly, or arrest and secure those engaged in it, any person present, as spectator or otherwise, be killed or wounded, any judge or justice of the peace exercising such authority, and every one acting under his order, shall be held guiltless: and if the judge or justice, or any person acting under the order of either of them, be killed or wounded in taking such means, or by the rioters, all persons engaged in such assembly shall be deemed guilty of such killing or wounding. (Code 1950, $ 18-128; 1960, c. 358.)

$ 18.1–252. Punishment of rioters.-If any rioter, or person unlawfully or tumultuously assembled, pull down or destroy, in whole or in part, any dwelling house, or assist therein, or shall in the nighttime stone the same in a manner calculated to terrorize the inmates, or assist therein, he shall be confined in the penitentiary not less than two nor more than five years; and though no such house be so injured or stoned, every rioter, and every person unlawfully or tumultuously assembled, shall be deemed guilty of a misdemeanor. (Code 1950, $ 18-129: 1960, c. 358.)

§ 18.1–253. Riotous or disorderly conduct on public conveyance a misdemeanor.-If any person, whether a passenger or not, shall, while in or on any public conveyance behave in a riotous or disorderly manner, he shall be guilty of a misdemeanor. The agent or employees in charge of such public conveyance may require such person to discontinue his riotous or disorderly conduct, and if he refuses to do so may eject him, with the aid, if necessary, of any other persons who may be called upon for the purpose. (Code 1950, $ 18-130; 1960, c. 358.)

$ 18.1-254. Riotous or disorderly conduct in other public places; disturbance in public conveyance; local ordinances.-If any person behaves in a riotous or disorderly manner in any street, highway, public building, or any other public place, other than those mentioned in the preceding section, or causes any un

necessary disturbance in or on any public conveyance, by running through it, climbing through windows or upon the seats, failing to move to another seat when lawfully requested to so move by the operator, or otherwise annoying passengers or employees therein, he shall be guilty of a misdemeanor.

Cities, towns and counties are hereby authorized and empowered to adopt ordinances or resolutions prohibiting and punishing the above acts, or any of them, when committed in such cities, towns, or counties, and such ordinances or resolutions shall provide th same punishment for a violation thereof as is provided by this section, anything in the charters of such cities or towns to the contrary notwithstanding. All fines imposed for the violation of such ordinances or resolutions shall be paid to and retained by such cities, towns and counties, and the Commonwealth shall not be chargeable with any costs in connection with any prosecution for the violation of any such ordinances or resolutions. (Code 1950, § 18-131; 1950, p. 36; 1960, c. 358.)

REVISED CODE OF WASHINGTON 9.27.010 Disturbing meeting. Every person who, without [authority] of law, shall willfully disturb any assembly or meeting not unlawful in its character, shall be guilty of a misdemeanor.

9.27.020 Disturbance on highway. Every person who shall ride or drive any horse upon a public highway, in a manner likely to endanger the safety or life of another, or on such highway shall create or participate in any noise, disturbance or other demonstration calculated or intended to frighten, intimidate or disturb any person, shall be guilty of a misdemeanor.

9.27.030 Offenses in public conveyances. Every person who shall wilfully use profane, offensive, or indecent language or engage in any quarrel in any public conveyance, or interfere with or annoy any passenger therein, or, having refused to pay the proper fare, shall fail to leave any such conveyance upon demand, or, with intent to avoid the payment of fare shall ride upon any car or engine not commonly used for the carriage of passengers, be guilty of a misdemeanor.

9.27.040 Riot defined. Whenever three or more persons, having assembled for any purpose, shall disturb the public peace by using force or violence to any other person, or to property, or shall threaten or attempt to commit such disturbance, or to do any unlawful act by the use of force or violence, accompanied with the power of immediate execution of such threat or attempt, they shall be guilty of a riot.

9.27.050 Riot-Penalty. Every person who shall be guilty of riot or of participating therein, by being present at, or by instigation, permitting or aiding the same, shall be punished as follows:

(1) If the purpose of the assembly or the acts done therein, or intended by the persons engaged, shall be to resist the enforcement of a statute of this state or of the United States, or to obstruct any public officer of this state or the United States in serving or executing any process or other mandate of a court, or in the performance of any other duty, or if at the time of the riot the offender shall carry a firearm or any other dangerous weapon, or shall be disguised, by imprisonment in the state penitentiary for not more than five years, or by a fine of not more than one thousand dollars.

(2) If the offender shall direct, advise, encourage or solicit other persons present or participating in a riot or assembly to acts of force or violence, by imprisonment in the state penitentiary for not more than two years, or by a fine of not more than one thousand dollars.

(3) In every other case, by imprisonment in the county jail for not more than one year, or by a fine of not more than one thousand dollars.

9.27.060 Unlawful assembly. Whenever three or more persons shall assemble with intent

(1) To commit any unlawful act by force; or, (2) To carry out any purpose in such manner as to disturb the public peace; or,

(3) Being assembled, shall attempt or threaten any act tending toward a breach of the peace, or an injury to persons or property, or any unlawful act-such an assembly is unlawful, and every person participating therein by his presence, aid or instigation, shall be guilty of a gross misdemeanor.

9.27.070 Remaining after warning. Every person who shall remain present at the place of an unlawful meeting after having been warned to disperse by a magistrate or public officer, unless as a public officer or at the request of such officer he is assisting in dispersing the same, or in protecting persons or property or in arresting offenders, shall be guilty of a misdemeanor.

9.27.080 Destruction of property. Whenever any of the persons so unlawfully assembled shall pull down or destroy any dwelling house or other building, or any shop, steamboat or vessel, he shall be punished by imprisonment in the state penitentiary for not more than five years, or by a fine of not more than one thousand dollars.

WEST VIRGINIA CODE 8 61-6-1. Riots and unlawful assemblages; suppression.

All judges and justices may suppress riots, routs and unlawful assemblages within their jurisdiction. And it shall be the duty of each of them to go among, or as near as may be with safety, to persons riotously, tumultuously, or unlawfully assembled, and in the name of the law command them to disperse; and if they shall not thereupon immediately and peaceably disperse, such judge or justice giving the command, and any other present, shall command the assistance of all persons present, and of the sheriff of the county, with his posse if need be, in arresting and securing those so assembled. If any person present, on being required to give his assistance, depart, or fail to obey, he shall be deemed a rioter. (Code 1849, c. 195, § 1; Code 1860, c. 195, $ 1; Code 1868, c. 148, § 1; Code 1923, c. 148, § 1.) 8 61-6-2. Commitment and recognizance of rioters.

If any person be arrested for a riot, rout, or unlawful assemblage, the judge or justice ordering the arrest, or any other justice, shall commit him to jail, unless he shall enter into a recognizance, with sufficient security, to appear before the court having jurisdiction of the offense, at its next term, to answer therefor, and in the meantime to be of good behavior and to keep the peace. (Code 1849, c. 195, § 2; Code 1860, c. 195, § 2; Code 1868, c. 148, § 2; Code 1923, c. 148, § 2.) § 61-6-3. Failure of judge or justice to exercise powers at riots and unlawful

assemblages; penalty. If any judge or justice have notice of a riotous, tumultuous, or unlawful assemblage in the county in which he resides, and fail to proceed immediately to the place of such assemblage, or as near as he may safely go, or fail to exercise his authority for suppressing it and arresting the offenders, he shall be fined not exceeding one hundred dollars. (Code 1849, c. 195, $ 3; Code 1860, c. 195, § 3; Code 1868, c. 148, § 3; Code 1923, c. 148, § 3.) $ 61-6-4. Summoning of persons to aid in suppressing riots and unlawful

assemblages. If any person engaged in such assemblage, being commanded, as hereinbefore provided, to disperse, fail to do so without delay, any such judge or justice may require the aid of a sufficient number of persons, in arms or otherwise, and proceed, in such manner as he may deem expedient, to disperse and suppress such assemblage, and arrest and secure those engaged in it. (Code 1849, c. 195, § 4; Code 1860, c. 195, § 4; Code 1868, c. 148, § 4; Code 1923, c. 148, § 4.) $ 61-6-5. Death of person in suppression of riot and unlawful assemblages.

If, by any means taken under the authority of this article to disperse any such assemblage or arrest those engaged in it, any person present, as spectator or otherwise, be killed or wounded, any judge or justice exercising such authority, and everyone acting under his order, shall be held guiltless; and if the judge or justice, or any person acting under the order of either of them, be killed or wounded in taking such means, or by the rioters, all persons engaged in such assemblage shall be deemed guilty of such killing or wounding. (Code 1849, c. 195, 5; Code 1860, c. 195, § 5; Code 1868, c. 148, § 5; Code 1923, c. 148, § 5.) 8 61-6-6. Destruction of building by rioters; penalty therefor and for rioting

without such injury. If any person engaged in a riot, rout or unlawful assemblage, pull down or destroy, in whole or in part, any dwelling house, courthouse, jail, prison, asylum, hospital, school or college building, or any public building of any character, or assist therein, he shall be guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than one nor more than ten years; and though no such building be injured, every rioter, and every person unlawfully or tumultuously assembled, shall be guilty of a misdemeanor, and, upon conviction, shall be confined in jail not more than one year and fined not exceeding five hundred dollars. (Code 1849, c. 195, § 6; Code 1860, c. 195, $ 6; Code 1868, c. 148, § 6; Code 1923, c. 148, § 6.)

WYOMING STATUTES § 6-108. Riot.-If three or more persons shall do an act in a violent or tumultuous manner, they shall be deemed guilty of a riot, and shall be fined not exceeding one hundred dollars each, to which may be added imprisonment in the county jail not exceeding three months. (Laws 1890, ch. 73, § 92; R. S. 1899, $ 5047; C. S. 1910, $ 5895; C. S. 1920, $ 7184; R. S. 1931, $ 32-404; C. S. 1945, $ 9-405.)

$ 6-109. Rout.--If three or more persons shall meet together to do an unlawful act upon a common cause, and shall make advances towards the commission thereof, they shall be deemed guilty of a rout, and shall be fined not exceeding one hundred dollars each, or they may be imprisoned in the county jail not exceeding sixty days. (Laws 1890, ch. 73, § 93; R. Š. 1899, § 5048; C. S. 1910, $ 5896; C. S. 1920, $ 7185; R. S. 1931, $ 32-405; C. S. 1945, § 9-406.)

$ 6-111. Incitement to crime; proceedings for prevention.--Whoever in any manner or by any means incites, advises, advocates, suggests or encourages crime as a means of coercion or for the accomplishment of any political or industrial reform, change or purpose in this state or in any foreign state or country, whether action may follow such incitement or not, shall be deemed guilty of incitement to crime and shall be punished by a fine not exceeding five thousand dollars, or by imprisonment in the penitentiary not exceeding five years.

§ 6-112. Disturbing meetings generally; authority of persons disturbed to arrest.—Whoever, by any loud or unnecessary talking, hallooing, or by any threatening, abusive, profane or obscene language, or violent actions, or by any other rude behavior, interrupts, molests or disturbs any collection of any inhabitants of this state convened for the purpose of worship, or any agricultural fair or exhibition, or any person present thereat, or going to or returning therefrom; or who, in like manner interrupts, molests or disturbs any meeting of inhabitants of this state, met together for any lawful purpose, shall be fined in any sum not exceeding fifty dollars. Sextons of churches and officers of fairs or other meetings contemplated in this section are hereby authorized to arrest any person so disturbing such public meetings. (Laws 1890, ch. 73, $ 98; R. S. 1899, $ 5053; C. S. 1910, $ 5901; C. S. 1920, $ 7190; R. S. 1931, $ 32-412; C. S. 1945, § 9-409.)

APPENDIX A STATE PROVISIONS RETAINING THE COMMON LAW IN THOSE STATES WITHOUT

SPECIFIC RIOT PROVISIONS

MARYLAND CONSTITUTION, DECLARATION OF RIGHTS, ARTICLE 5 Article 5. Common law and statutes of England applicable; trial by jury; property

property derived under charter granted to Lord Baltimore. That the Inhabitants of Maryland are entitled to the Common Law of England, and the trial by Jury, according to the course of that Law, and to the benefit of such of the English statutes as existed on the Fourth day of July, seventeen hundred and seventy-six; and which, by experience, have been found applicable to their local and other circumstances, and have been introduced, used and practiced by the Courts of Law or Equity; and also of all Acts of Assembly in force on the first day of June, eighteen hundred and sixty-seven; except such as may have since expired, or may be inconsistent with the provisions of this Constitution; subject, nevertheless, to the revision of, and amendment or repeal by, the Legislature of this State. And the Inhabitants of Maryland are also entitled to all property derived to them from, or under the Charter granted by His Majesty Charles the First to Cæcilius Calvert, Baron of Baltimore.

MASSACHUSETTS CONSTITUTION, CHAPTER 6, ARTICLE 6 Art. VI. Continuation of former laws

VI. All the laws which have heretofore been adopted, used and approved in the Province, Colony or State of Massachusetts Bay, and usually practised on in the courts of law, shall still remain and be in full force, untii altered or

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