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fear a violent resistance, to raise the posse, in order to remove a force in making an entry into, or detaining of, lands. Also it seems to be the duty of a sheriff, or other minister of justice, have ing the execution of the king's writs, and being resisted in endeavouring to execute them, to raise such a power as may effectually enable them to overpower any such resistance; yet it is said not to be lawful for them to raise a force for the execution of a civil process, unless they find a resistance; and it is certain that they

are highly punishable for using any needless outrage or violence.(c) How far the It seems to be agreed, that the injury or grievance complained object must be of, and intended to be revenged or remedied by a riotous assembly, of a private

must relate to some private quarrel only; as the inclosing of lands in which the inhabitants of a town claim a right of common, or gaining the possession of tènements the title whereof is in dispute, or such like matters relating to the interests or disputes of particular persons, in no way concerning the public. For the proceedings of a riotous assembly on a public or general account, as to redress grievances, pull down all inclosures, or to reform religion, and also resisting the king's forces, if sent to keep the peace, may amount to overt acts of high treason by levying war against

the king. (u) As to the It seems to be clearly agreed, that in every riot there must be degree of violence or

some such circumstances either of actual force or violence, or at least of an apparent tendency thereto, as are naturally apt to strike a terror into the people; as the shew of armour, threatening speeches, or turbulent gestures; for every such offence must be laid to be done in terrorem populi. (e) But it is not necessary, in order to constitute this crime, that personal violence should have been committed. (f)

Upon these principles, assemblies at wakes, or other festival times, or meetings for the exercise of common sports or diversions, as bull-baiting, wrestling, and such like, are not riotous. (g) And upon the same ground also it seems to follow that it is possible for three persons or more to assemble together with an intention to execute a wrongful act, and also actually to perform their intended enterprize, without being rioters; as if a man assemble a number of persons to carry away a piece of timber or other thing to which he claims a right, and which cannot be carried away without a number of persons, this will not of itself be a riot, if the number of

terror.

(c) i Hawk. P. C. c. 65. s. 2. 19 the town of Kingston; and the second, Vin. Abr. Riols, &c. (A) 4.

for a common nuisance in kicking (d) 4 Blac. Com. 147. 1 Hawk. P. about a foot-ball in the said town. C. c. 65. S. 6.

And in Sir Anthony Ashley's case, I (e) 1 Hawk. P. C. c. 65. §. 5. Roll. R. 109. Coke, C. J. said, that

f) Per Mansfield, C. J. in Clifford the stage-players might be indicted v. Brandon, 2 Campb. 369.

for a riot and unlawful assembly: and (g) I Hawk. P. C. c. 65. S. 5. But see Dalt. Just. c. 136. (citing Roll. R.) see in 2 Chit. Crim. L. 494. an indicts that if such players by their shews ocment said to have been drawn in the casion an extraordinary and unusual year 1797, by a very eminent pleader concourse of people to see them act for the purpose of suppressing an an. their tricks, this is an unlawful assemcient custom of kicking about foot- bly and riot, for which they may be balls on a Shrove Tuesday, at Kingston- indicted and fiued. 19 Vio. Abr. Riols, upon-Thames. The first count is for &c. (d) 8. riotously kicking about a foot-ball in

persons are not more than are necessary for the purpose; and if there are no threatening words used, nor any other disturbance of the peace; even though another man has better right to the thing carried away, and the act therefore is wrong and unlawful. (h) Much more may any person, in a peaceable manner, assemble a fit number of persons to do any lawful thing; as to remove any common nuisance, or any nuisance to his own house or land. And he may do this before any prejudice is received from the nuisance, and may also enter into another man's ground for the purpose. Thus where, a man having erected a wear across a common navi. gable river, divers persons assembled with spades and other instruments necessary for removing it, and dug a trench in the land of the man who made the wear in order to turn the water and the better to remove it, and thus removed the nuisance, it was holden not to be a forcible entry nor a riot. (1)

But if there be violence and tumult, it has been generally The legality or holden not to make any difference whether the act intended to be illegality of

the act intenddone by the persons assembled be of itself lawful or unlawful; ed to be from whence it follows that if three or more persons assist a man not material to make a forcible entry into lands to which one of them has a if the

violence and good right of entry; or if the like number, in a violent and tumul- tumult tuous manner, join together in removing a nuisance or other thing, which may be lawfully done in a peaceable manner, they are as properly rioters as if the act intended to be done by them were ever so unlawful. (k) And if in removing a nuisance the persons assembled use any threatening words, (such as, they will do it though they die for it, or the like,) or in any other way behave in apparent disturbance of the peace, it seems to be a riot. (7)

But the violence and tumult must in some degree be pre- How far the meditated. For if a number of persons, being met together at a violence and fair, market, or any other lawful or innocent occasion, happen on

tumult must

hon be prcmedia sudden quarrel to fall together by the ears, it seems to be agreed tated. that they are not guilty of a riot, but only of a sudden affray, of which none are guilty but those who actually engage in it, because the design of their meeting was innocent and lawful, and the subsequent breach of the peace happened unexpectedly, without any previous intention. (m) But if there be any predetermined purpose of acting with violence and tumult, the conduct of the parties may be deemed riotous. As where it was held that although the audience in a public theatre have a right to express

(h) I Hawk. P. C. c. 65. s. 5. Reg. v. be guilly of a riot. Soley, 11 Mod. 117. Dalt. c. 137. 5 i ) Dalt. c. 137. 5 Burn. Just. Riot, Burn. Just. Riot, s. 1.

s. 1. where it is said, that if there is (i) Dalt. c. 137. 5 Burn. Riot, s. 1. cause to remove any such nuisance,

(1:) I Hawk. P. C. c. 65. s. 7. The or to do any like act, it is safest not law will not suffer persons to seek to assemble any multitude of people, redress of their private grievances by but only to send one or two persons, such dangerous disturbances of the or if a greater number, yet no more public peace; but the justice of the than are needful, and only with meet quarrel in which such an assembly tools, in order to remove it; and that may have been engaged will be con- such persons tend their business only, sidered as a great mitigation of the without disturbance of the peace, or offence. And Per Cur. in 12 Mod. threatening speeches. 648. Anon., if one goes to assert his (m) 1 Hawk. P. C. c. 65. s. 3. right with force and violence, he may

the feelings excited at the moment by the performance, and in this manner to applaud or to hiss any piece which is represented, or any performer who exhibits himself on the stage; yet if a number of persons, having come to the theatre with a predetermined purpose of interrupting the performance, for this purpose make a great noise and disturbance, so as to render the actors entirely inaudible, though without offering personal violence to any individual, or doing any injury to the house, they are guilty

of a riot. (n) Though the . Even though the parties may have assembled for an innocent

es assem- purpose in the first instance, yet if they afterwards, upon a disbled in the first instance pute happening to arise amongst them, form themselves into for an inno- parties, with promises of mutual assistance, and then make an cent purpose, affray, it is said that they are guilty of a riot, because upon their they may afterwards be

confederating together with an intention to break the peace, they guilty of a may as properly be said to be assembled together for that purriot.

pose from the time of such confederacy, as if their first coming had been on such a design; and it seems to be clear that if, in 'an assembly of persons met together on any lawful occasion whatsoever, a sudden proposal should be started of going together in a body to pull down a house, or inclosure, or to do any other act of violence, to the disturbance of the public peace, and such motion be agreed to, and executed accordingly, the persons concerned cannot but be rioters; because their associating themselves together, for such a new purpose, is in no way extenuated

by their having met at first upon another. (0) Any person If any person, seeing others actually engaged in a riot, joins taking part in himself to them and assists them therein, he is as much a rioter as a riot is a rioter; all are if he had at first assembled with them for the same purpose, inasprincipals. much as he has no pretence that he came innocently into the

company, but appears to have joined himself to them with an intention of seconding them in the execution of their unlawful enterprize: and it would be endless, as well as superfluous, to examine whether every particular person engaged in a riot were in truth one of the first assembly, or actually had a previous knowledge of the design. (p) And the law is that if any person encourages, or promotes, or takes part in riots, whether by words, signs, or gestures, or by wearing the badge or ensign of the rioters, he is himself to be considered a rioter; for in this case all are principals. (9) It has been ruled, however, that if three or more, being lawfully assembled, quarrel, and the party fall on one of their own company, this is no riot; but that if it be on a stranger, the very moment the quarrel begins, they begin to be an unlawful assembly, and their concurrence is evidence of an evil intention in them that concur, so that it is a riot in them that act, and in no more. (r) The inciting persons to assemble in a riotous manner appears also to have been considered as an indictable offence. (s)

(n) Clifford v. Brandon, 2 Campb. v. Royce, 4 Burr. 2073. and the se358.

cond and third resolutions in the Sis(0) 1 Hawk. P. C. c. 65. s. 3.

singhurst house case, I Hale 463. (p) Id. ibid.

(r) 19 Vin. Ab. Riots, &c. (A) 15. (9) By Mansfield, C. J. in Clifford v. Reg. v. Ellis, 2 Salk. 593. Brandon, 2 Campb. 370. And see Rex ($) See a precedent, Cro. Circ. Comp. Concerning some acts done in a tumultuous and riotous manner, Statutes. especial provision is made by particular statutes. By the 1 Geo. l. st. 2. c. 5. s. 4. “ if any persons unlawfully, 1 G. 1. st. 2.

c. 5. 5. 4. " riotously, and tumultuously, assembled together, to the dis- & "turbance of the public peace, shall unlawfully and with force ing down, &c. “ demolish or pull down, or begin to demolish or pull down, any churches,

y houses, &c. “church or chapel, or any building for religious worship, cer- quilty of “ tified and registered (according to the 1 W. & M. sess. 1. c. 18.) felony with“ or any dwelling-house, barn, stable, or other outhouse, that out clergy. “ then every such demolishing, or pulling down, or beginning to “ demolish, or pull down, shall be adjudged felony without benefit “of clergy, and the offenders therein shall be adjudged felons, “and shall suffer death, as in case of felony, without benefit of “ clergy.” (1) Principals in the second degree are within this statute: and where a jury found by a special verdict that the defendant was present at a riot, and encouraged and abetted the rioters in beginning to demolish and pull down a dwelling house, by shouting and using expressions to incite them, it was held that he was a principal in the second degree, and as such ousted of his clergy, though he did no act himself. (u) By the eighth section of this statute no person is to be prosecuted, by virtue of the act, for any offence committed contrary to it, unless the prosecution be commenced within twelve months after the offence committed.

The 9 Geo. 3. c. 29. s. 1. reciting the fourth section of the 9 G. 3. c. 29. 1 Geo. 1. st. 2. c. 5. and that doubts had arisen whether it ex- s. l... Rioters

pulling down, tended to the pulling down and demolishing of mills, enacts, &c. m “ that if any person or persons unlawfully, riotously, and tumul- guilty ot fe. “tuously, assembled together, to the disturbance of the public lony without

clergy. “ peace, shall unlawfully and with force demolish or pull down, “ or begin to demolish or pull down, any wind-saw mill, or other

wind-mill, or any water-mill, or other mill, which shall have “ been or shall be erected, or any of the works thereto re“spectively belonging; that then every such demolishing or “pulling down, or beginning to demolish or pull down, shall be " adjudged felony without benefit of clergy, and the offenders “therein shall be adjudged felons, and shall suffer death as in “ case of felony, without benefit of clergy.” The fourth section provides, that no person shall be prosecuted by virtue of the act

420. (8th ed.) the 1st count of which mages in Scotland. Most of the cases is for inciting persons to assemble, upon this subject are collected in 2 and that in consequence of such in- Saund. 377 a. et seq. Further provicitement they did so; and the second sions also were made as to particular count states the inciting, and omits kinds of property, as mills, engines, the assembling in consequence of it. &c. by 41 G. 3. c. 24. 52 G. 3. c. 130. See a similar precedent" in 2 Chit. S. 2. 56 G. 3. c. 125. and generally by Crim. L. 506. and the principles stated, 57 G. 3. c. 19. s. 38. Aud a recent ante, p. 44, el sequ.

statute provides a shorter and more (1) 'T'he sixth section of this statute summary mode of proceeding than an makes provision for recovery of da- action in cases where the damage almages done to any church, &c. by leged to have been sustained does not action against the inhabitants of the exceed 301. See 3 G. 4. c. 33.; and see hundred, or in some cases against the as to Ireland, 4 G. 4. c. 73. inhabitants of a city; and section II. (1) Rex v. Royce, 4 Burr. 2073. provides for the recovery of such da. Apd see ante, 22, et seq.

assembled who

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for any offence committed contrary to it, unless such prosecution be commenced within eighteen months after the offence com

mitted. (a) 33 G. 3. c. 67. The 33 Geo. 3. c. 67. s. 1. reciting that seamen, keelinen, &c. s. 1. Scamen, had of late assembled themselves in great numbers, and had com&c. riotously

who mitted many acts of violence; and that such practices, if con

mitt shall forcibly tinued, might occasion great logs and damage to individuals, and prevent the injure the trade and navigation of the kingdom, enacts, “ that if loading, &c. "

“ any seamen, keelmen, casters, ship-carpenters, or other per: &c. to be « sons, riotously assembled together to the number of three or committed to “ more, shall unlawfully and with force prevent, hinder, or obprison.

“ struct, the loading or unloading, or the sailing or navigating, of
“ any ship, keel, or other vessel, or shall unlawfully and with
force board any ship, keel, or other vessel, with intent to
“ prevent, hinder, or obstruct, the loading or unloading, or the
“ sailing or navigating of such ship, keel, or other vessel, every
'" seaman, keelman, caster, ship-carpenter, and other person,
(being lawfully convicted of any of the offences aforesaid upon
any indictment found in any court of oyer and terminer, or
general or quarter sessions of the peace for the county, division,
district, &c. wherein the offence was committed) shall be com-
mitted either to the common gaol or to the house of correction
for the same county, &c. there to continue and to be kept to hard
labour for any term not exceeding twelve calendar months, nor
less than six calendar months. The fourth section provides, that
the act shall not extend to any act, deed, &c. done in the service
or by the authority of his Majesty. The seventh section enacts,
that offences committed on the high seas shall be triable in any
session of oyer and terminer, &c. for the trial of offences com-
mitted on the high seas within the jurisdiction of the Admiralty.
And by the eighth section it is provided, that no person shall be
prosecuted by virtue of the act for any of the offences therein
mentioned, unless such prosecution be commenced within twelve

calendar months after the offence committed. (W) . 52 G. 3. c. 130. The 52 Geo. 3. c. 130., reciting the 1 Geo. I. st. 2. c. 5., and Rioters pull- the 9 Geo. 3. c. 29. and several other acts, and stating that it was ing down, &c. expedient and necessary that more effectual provisions should be buildings, engines, &c. made for the protection of property not within the provisions of used in trades the said acts, makes the burning certain buildings, &c. used for or manufacto- monufo ries, guilty of

manufactories a capital offence; and then enacts,—“That if any felony with- “ person or persons unlawfully, riotously, and tumultuously, asout clergy. “ sembled together in disturbance of the public peace, shall un

“ lawfully and with force demolish or pull down, or begin to de“ molish or pull down, any erection and building, or engine, which “ shall be used or employed in the carrying on or conducting of “ any trade or manufactory, or any branch or department of any “ trade or manufactory of goods, wares, or merchandize, of any “ kind or description whatsoever, or in which any goods, wares, “ or merchandize, shall be warehoused or deposited ; that then

(a) As to the indemnification of per. c. 33. sons injured by such destruction of (w) This statute was at first only mills, &c. see 41 G. 3, c. 24.; and where temporary, but was made perpetual the damages are under 301. thc 3 G. 4. by 41 Geo. 3. c. 19.

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