Imágenes de páginas
PDF
EPUB

verted, the magistrate must take testimony in relation thereto. The evidence must be reduced to writing, and subscribed by the witnesses.

§ 88. Discharge. If it appear that there is no just reason to fear the commission of the crime alleged to have been threatened, the person complained of must be discharged.

§89. Security to keep the peace, when required. If, however, there be just reason to fear the commission of the crime, the person complained of may be required to enter into an undertaking, in such sum, not exceeding one thousand dollars, as the magistrate may direct, with one or more sufficient sureties, to abide the order of the next court of sessions of the county, and in the meantime to keep the peace towards the people of this state, and particularly towards the complainant.

Court of general sessions cannot discharge. 2 N. Y. Cr., 54,

§ 90. Effect of giving or refusing security.-If the undertaking required by the last section be given, the party complained of must be discharged. If it is not given, the magistrate must commit him to prison, specifying in the warrant, the cause of commitment, the amount of security required, and the omission to give the same.

§ 91. Person committed, how discharged. If the person complained of be committed for not giving 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.

§ 92. Undertaking, to be transmitted to sessions. An undertaking given as provided in section 89, must be transmitted by the magistrate to the next court of sessions of the county.

§ 93. Security for assault, in presence of court, etc. 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.

§ 94. Appearance of party bound. A person who has entered into an undertaking to keep the peace, must appear on the first day of the next term of the court of sessions of the county. If he do not, the court may forfeit his undertaking, and order it to be prosecuted, unless his default be excused.

§ 95. Discharge, 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.

§ 96. Proceedings 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.

§ 97. Undertaking, when broken. An undertaking to keep the peace is broken, on the failure of the person complained of to appear at the court of sessions, as pro. vided in section 94, or upon his being convicted of any crimes involving a breach of the peace.

§ 98. Undertaking, when and how prosecuted.-Upon the district attorney producing evidence of such conviction to the court of sessions 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.

§ 99. Security 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.

CHAPTER III.

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

SEC. 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. Public meetings.-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.

SEC. 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 dis

perse.

107. To arrest rioters, if they do not disperse.

108. Consequences of refusal to aid the magistrates o

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.

[ocr errors]

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. Overcoming resistance to process.—When a sheriff or other public officer, authorized to execute pro

cess, 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.

$103. Return of the names of resisters and 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 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.

§ 105. When governor to order out a military force. -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.

35

RIOTS. MILITARY AID. §§ 107-111.

§ 107. Arrests. 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. — If a person 80 commanded to aid the magistrates or officers, neglect to do so, he is deemed one of the rioters, and is punishable accordingly.

[ocr errors]

§ 109. Neglect or refusal of 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 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 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 troops), to appear at a specified time and place to aid the civil authorities in suppressing violence and enforcing the law.

« AnteriorContinuar »